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PN: 2737-074-00030 Case #A077-98 `
Smuggler Hunter Trust Subdivision & Rezon
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PN: 2737-074-00030 Case #A077-98
Smuggler Hunter Trust Subdivision & Rezon
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COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5090
City of Aspen
Land Use: /1
1041 Deposit
1042 Flat Fee
1043 HPC
1046 Zoning and Sign
Referral Fees:
1163 City Engineer Ito
1205 Environmental Health
1190 Housing
Building Fees:
1071 Board of Appeals
1072 Building Permit
1073 Electrical Permit
1074 Energy Code Review
1075 Mechanical Permit
1076 Plan Check
1077 Plumbing Permit
1078 Reinspection
Other Fees:
1006 Copy
1302 GIS Maps
1481 Housing Cash in Lieu
1383 Open Space Cash in Lieu
1383 Park Dedication
1468 Parking Cash in Lieu
Performance Deposit
1268 Public Right-of-way
1164 School District Land Ded.
TOTAL i
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NAME:
ADDRESS/PROJECT:
PHONE:
CHECK# _
CASE/PERMIT#: ,' # OF COPIES:
DATE: INITIAL:
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RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING CITY COUNCIL APPROVE THE SMUGGLER HUNTER
TRUST SUBDIVISION AND REZONING OF LOT #2 OF THE SMUGGLER
HUNTER TRUST SUBDIVISION TO THE PARK (P) ZONE DISTRICT AND
APPROVING SPECIAL REVIEW TO ESTABLISH PARKING
REQUIREMENTS FOR LOT #2 OF THE SMUGGLER HUNTER TRUST
SUBDIVISION, 2 WILLIAMS WAY, CITY OF ASPEN.
PARCEL NO.2737-074-00-030
Resolution #98 - 34
WHEREAS, the Community Development Department received an application
from Elizabeth Aley, sole trustee of the Smuggler Hunter Trust, owner, for a two lot
subdivision of a 43,560 square foot parcel of land located in the Residential Multi -
Family -A (RMF-A) Zone District at 2 Willaims Way, rezoning of proposed Lot #2 of the
subdivision to the Park (P) Zone District, and Special Review to establish the parking
requirements for proposed Lot #2; and.
WHEREAS, the parcel was subsequently conveyed to Maureen Mary Kinney,
represented by Maxwell Aley; and.
WHEREAS, the Planning and Zoning Commission may approve Special
Reviews in conformance with the review criteria set forth in Section 26.64; and,
WHEREAS, the City Council may approve Subdivisions and Amendments to the
Official Zone District Map (Rezoning) after taking and considering recommendations
from the Community Development Director, the Planning and Zoning Commission made
at a duly noticed public hearing, and taking and considering public testimony at a duly
noticed public hearing in conformance with the review criteria set forth in Sections 26.88
and 26.92; and,
WHEREAS, the City Engineer, Parks Department, and Community Development
Department reviewed the proposal and recommended approval with conditions; and
WHEREAS, during a duly noticed public hearing on November 3, 1998, the
Planning and Zoning Commission took and considered public testimony and approved by
a 4 to 0 vote the Special Review establishing the parking requirements for Lot #2 of the
proposed subdivision and recommended City Council approve the Smuggler Hunter Trust
Subdivision and Rezone Lot #2 of said Subdivision to the Park (P) Zone District, with the
conditions recommended by the Community Development Department as amended by
the Commission during the hearing.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Special Review to Establish the parking requirements for Lot #2 of the
Subdivision is approved and the City Council should approve the Smuggler Hunter Trust
4 0 0
Subdivision and Rezone Lot 42 of said Subdivision to the Park (P) Zone District, with the
following conditions:
1. Prior to final approval by City Council, a park easement shall be recorded for the portion of
Lot 91 south of Williams Way and noted on the plat. The easement shall be approved by the
City Attorney prior to recordation.
2. Prior to final approval by City Council, the final plat shall be reviewed and approved by the
City Engineer. An easement shall be provided on Lot 41 for electric equipment which is
currently in the Spruce Street R.O.W. Existing parking spaces for Lot 41 shall be depicted
on the final plat.
3. deleted.
4. Prior to final approval by City Council, the applicant shall complete and record an agreement
to join any future improvement districts for the purpose of constructing improvements which
benefit the property under an assessment formula.
5. The applicant shall coordinate the placement of street trees with the City Forester to meet the
street tree requirement of Subdivision.
6. Prior to redevelopment of either Lot, the owner of that Lot shall submit a drainage report and
a drainage plan, including a erosion control plan, prepared by a Colorado licensed Civil
Engineer which maintains sediment and debris on -site during and after construction. If a
ground recharge system is required, a soil percolation report will be required to correctly size
the facility. A two year storm frequency should be used in designing any drainage
improvements.
7. No more than four (4) parking spaces may be provided along Spruce Street for Lot 92. The
spaces shall be signed for two hour maximum parking.
8. All material representations made by the applicant in the application and during public
meetings with the Planning and Zonin_ Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other conditions.
APPROVED by the Commission at its regular meeting on November 3, 1998.
APPROVED AS TO FORM:
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
PLANNING AND ZONING COMMISSION:
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Sara Garton, Chair
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Staff Comments: Subdivision
A development application for subdivision review shall comply with the following standards and
requirements:
1. General Requirements.
a. The proposed subdivision shall be consistent with the Aspen Area
Comprehensive Plan.
Staff Finding;
The proposed subdivision will allow the City to purchase a property in a high density
residential area and provide a public park. This specific location was not considered
during the 1993 AACP. However, the property near Gibson and Lone Pine (Mocklin
Subdivision) was considered in `93 for a semi -active park.
b. The proposed subdivision shall be consistent with the character of existing land
uses in the area.
Staff Finding;
The area is typified by high density residential development. Hunter Creek
Condominiums are to the West with Centennial Condominiums to the East. The
subdivision will allow the sale of the open space parcel to the City for the future
development of a small neighborhood park. This proposed land use is compatible with
the surrounding neighborhood character.
C. The proposed subdivision shall not adversely affect the future development of
surrounding areas.
Staff Findine:
The surrounding area is essentially built -out.
parcel will be lower with the smaller lot size.
Potential development of the fathering
However, this smaller parcel will remain
zoned for high density residential with much higher density than is currently developed
on the site.
d. The proposed subdivision shall be in compliance with all applicable
requirements of this title.
Staff Finding;
The proposed subdivision will create a lot smaller than the minimum required for the
RMF-A Zone District. The applicant is proposing to rezone the smaller Lot #2 to Park.
2. Suitability of land for subdivision.
a. Land suitability. The proposed subdivision shall not be located on land
unsuitable for development because of flooding, drainage, rock or soil creep,
Staff Comments page 1
mudflow, rockslide, avalanch or snowslide, steep topography, or any other
natural hazard or other condition that will be harmful to the health, safety, or
welfare of the residents in the proposed subdivision.
Staff Finding;
There are no environmental constraints which affect this property.
b. Spatial pattern efficient. The proposed subdivision shall not be designed to
create spatial patterns that cause inefficiencies, duplication or premature
extension of public facilities and unnecessary public costs.
Staff Finding;
This subdivision will not create any inefficiencies for the City. The public costs are the
purchase of the property and easement to create the park and any capital improvements
which follow in the development of the park. These costs have been analyzed by the City
Parks Department and will be dependent upon approval by City Council.
3. Improvements.
a. Required improvements. The following shall be provided for the proposed
subdivision.
1. Permanent survey monuments, range points, and lot pins.
2. Paved streets, not exceeding the requirements for paving and
improvements of a collector street.
3. Curbs, gutters, and sidewalks.
4. Paved alleys.
5. Traffic -control signs, signals, or devices.
6. Street lights.
7. Street name signs.
8. Street trees or landscaping.
9. Water lines and fire hydrants.
10. Sanitary sewer lines.
11. Storm drainage improvements and storm sewers.
12. Bridges and culverts.
13. Electrical lines.
14. Telephone lines.
15. Natural gas lines.
16. Cable television lines.
b. Approved plans. Construction shall not commence until on any of the
improvements required by this Section 26.88.040(C)(3)(a) until a plan, profile,
and specifications have been received and approved by the City Engineer and,
when appropriate, the relevant utility company.
C. Oversize Utilities. In the event oversized utilities are required as a part of the
improvements, arrangements for reimbursement shall be made whereby the
subdivider shall be allowed to recover the cost of the utilities that have been
provided beyond the needs of the subdivision.
Staff Comments page 2
Staff Finding;
Most of these standards do not apply to this parcel because it is being subdivided for the
purpose of conveying a park parcel. The City Engineer will require the placement of
corners (for surveying) and curbs and gutters, especially if parking is provided.
4. Design Standards. The following design standards shall be required for all
subdivisions.
a. Street and related improvements. The following standards shall apply to
streets regardless of type or size, unless the street has been improved with
paving,
curb, gutter, and sidewalk.
l .
Conform to plan for street extension.
2.
Right-of-way dedication.
3.
Right-of-way width.
4.
Half -street dedications.
5.
Street ends at subdivision.
6.
Cul-de-sacs.
7.
Dead-end streets.
8.
Centerline offset.
9.
Reverse curves.
10.
Changes in street grade.
IL
Alleys.
12.
Intersections.
13.
Intersection grade.
14.
Curb return radii.
15.
Turn by-passes and turn lanes.
16.
Street names and numbers.
17. Installation of curb, gutter sidewalks, or driveways. No finish paving,
curb, gutter, sidewalk, or driveways shall be constructed until one year
after the installation of all subsurface utilities and improvements.
18. Sidewalks. Sidewalks shall be eight (8) feet wide in the Commercial
Core (CC), Commercial (CI), Neighborhood Commercial (NC), and
Commercial Lodge (CL) Zone Districts and five (5) feet wide in all
other zone districts where sidewalks are required. Consideration shall
be given to existing and proposed landscaping when establishing
sidewalk locations.
19. City specifications for streets.
20. Range point monuments.
21. Street name signs.
22. Traffic control signs.
23. Street lights.
24. Street tree. One street tree of three-inch caliper for deciduous trees
measured at the top of the ball or root system, or a minimum of six-foot
height for conifers, shall be provided in a subdivision in residential zone
districts for each lot of seventy (70) foot frontage or less, and at least
two (2) such trees shall be provided for every lot in excess of seventy
(70) feet frontage. Corner lots shall require at least one tree for each
street. Trees shall be placed so as not to block sight distances at
Staff Comments page 3
driveways or corners. The City Parks and Recreation Department shall
furnish a list of acceptable trees. Trees, foliage, and landscaping shall
be provided in subdivisions in all other zone districts in the City in
accordance with the adopted street landscaping plan.
b. Easements.
1.
Utility easements.
2.
"T" intersections and cul-de-sacs. Easements twenty (20) feet in width
shall be provided in "T" intersections and cul-de-sacs for the
continuation of utilities or drainage improvements, if necessary.
3.
Potable water and sewer easements.
4.
Planned utility or drainage system.
5.
Irrigation ditch, channel natural creek.
6.
Fire lanes and emergency access easements.
7.
Planned street or transit alignment.
8.
Planned trail system.
C. Lots and blocks.
1.
General.
2.
Side lot lines.
3.
Reversed corner lot and through lots.
4.
Front and street.
5.
State Highway 82.
6.
Block lengths.
7.
Compatibility.
8.
Mid -Block pedestrian walkways.
d. Survey Monuments.
1. Location.
2. C.R.S. 1972 38-51-101.
3. Range points and boxes.
e. Utilities.
1.
Potable waterline and appurtenances.
2.
Size of waterlines.
3.
Fire hydrants.
4.
Sanitary sewer.
5.
Underground utilities.
6.
Other utilities.
7.
Utilities stubbed out.
f. Storm Drainage
1. Drainage plan.
2. Detention storage.
3. Maintain historical drainage flow.
4. Calculations and quantities of flow.
h. Flood hazard areas.
Staff Comments page 4
1. The proposed subdivision design shall be consistent with the need to
minimize flood damage to public utilities and facilities such as sewer,
gas, electricity, and potable water systems.
2. Base flood elevation data shall be provided for any proposed subdivision
of at least fifty (50) lot or five (5) acres, whichever is less.
h. The design and location of any proposed structure, building envelope, road,
driveway, trail, or other similar development is compatible with significant
natural or scenic features of the site.
i. Variations of design standards. Variations from the provisions of this section,
"Design Standards," may be granted by special review as provided for in
Chapter 26.64.
Staff Finding:
a. Because this Subdivision is not creating any new streets, most of these design
standards do not apply. The City Engineer is requesting the recordation of a curb,
gutter, and sidewalk agreement. The Commission removed this condition from their
recommendation because there is no appearent need for additional sidewalks in the
area. The Parks Department will be landscaping the "park" parcel in a compatible
manner. Both parcels are required to provide trees along Spruce Street and Williams
Way. Due to the density of trees on the residential parcel, the owner will need to
work with the Parks Department to determine appropriate locations for these two
additional trees.
b. The City Engineer is requiring a new easement for a electric transformer which is
currently located within the Spruce Street R.O.W.
c. This standards applies to Subdivisions where several lots are being created within
blocks and does not apply to this subdivision.
d. The City Engineer is requiring the placement of additional survey monuments.
e. The City Engineer has not requested any additional utilities to be installed.
f. The City Engineer has requested a drainage report at the time of development of each
parcel.
g. This parcel is not within a flood hazard area.
h. There are no new structures proposed for either parcel.
i. No variations to these standards are being requested.
Staff Comments page 5
5. Affordable housing. A subdivision which is comprised of replacement dwelling units
shall be required to provide affordable housing in compliance with the requirements of
Title 20, Replacement Housing Program. A subdivision which is comprised of new
dwelling units shall be required to provide affordable housing in compliance with the
requirements of Chapter 26.100, Growth Management Quota System.
Staff Finding;
Does not apply. There are no new residential units being created.
6. School land dedication standards.
Dedication Schedule.
1. Land Dedication. School land dedications
shall be assessed according to
the following schedule:
Unit Type
Land Dedication Standard
Dormitory
.0000 acres (0 sq, ft.)
Studio/One bedroom
.0012 acres (52 sq. ft.)
Two bedroom
.0095 acres (416 sq. ft.)
Three bedroom
.0162 acres (707 sq. ft.)
Four bedroom
.0248 acres (1081 sq. ft.)
Five bedroom
.0284 acres (1236 sq. ft.)
2. Cash -in -lieu payment. An applicant may make a cash payment in -lieu
of dedicating land to the City, or make a cash payment in combination
with a land dedication, to comply with the standards of this section.
Because of he high cost of subdivided land in the City of Aspen, the
School District and Aspen have decided to require payment of a cash -in -
lieu amount which is less than the full market value of the land area.
The formula to determine the amount of cash -in -lieu payment for each
residential dwelling unit is as follows:
Market value of land x applicable land dedication standard x 0.33 = cash payment.
Payment of cash -in -lieu of a land dedication shall be made to the City prior to and on a
proportional basis to the issuance of any building permits for the residential dwellings.
Staff Finding:
There are no additional residential units proposed for either parcel. This standard does
not apply.
Staff Comments: Rezoning
Section 26.92.020, Standards Applicable to Rezoning
In reviewing an amendment to the official zone district map, the City Council and the
Commission shall consider:
Staff Comments page 6
A. Whether the proposed amendment is in conflict with any applicable portions of
this title.
Staff Finding
The rezoning of the southern property is necessary to allow the creation of a lot which
conforms with the City's zoning requirements. The Park (P) Zone District will more
closely follow the uses for which this property is intended.
B. Whether the proposed amendment is consistent with all elements of the Aspen
Area Comprehensive Plan.
Staff Finding.
The AACP does not refer to this parcel specifically. A park for passive and semi -active
recreation at this location, however, would serve a large population.
C. Whether the proposed amendment is compatible with surrounding zone districts
and land uses, considering existing land use and neighborhood characteristics.
Staff Finding:
The surrounding land uses are generally high density residential. A passive and semi -
active park at this location would serve a large population. The proposed land use is
compatible with the surrounding land uses.
D. The effect of the proposed amendment on traffic generation and road safety.
Staff Finding:
Due to its proximity to high density residential development, most potential users of the
park would probably walk or ride a bike to the proposed park. The zone change is not
expected to pose any traffic problems and is a reduction in the allowed density for the
existing "residential" parcel.
E. Whether and the extent to which the proposed amendment would result in
demands on public facilities, and whether and the extent to which the proposed
amendment would exceed the capacity of such facilities, including, but not limited
to, transportation facilities, sewage facilities, water supply, parks, drainage,
schools, and emergency medical facilities.
Staff Finding
The parcel is currently deed restricted as open space and does not allow for development.
A zone change to park will not affect demands on community facilities. Development of
a passive or semi -active park on this site will address a lack of public recreational
facilities in the immediate vicinity.
F. Whether and the extent to which the proposed amendment would result in
significant adverse impacts on the natural environment.
Staff Finding:
The zone change is not expected to significantly affect the natural environment.
Staff Comments page 7
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen.
Staff Finding_
A public park in this area is compatible with the neighborhood.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
Staff Finding;
The high density residential developments of Hunter Creek and Centennial, which have
provided internal open space and recreational opportunities for their residents and which
are proximate to Hunter Creek and Smuggler Mountain, will benefit from a public park.
I. Whether the proposed amendment would be in conflict with the public interest,
and is in harmony with the purpose and intent of this title.
Staff Finding_
This rezoning is not in conflict with the public interest.
Staff Comments page 8
MOTION: Roger Hunt moved to recommend city council adopt the
code amendments related to security signs as proposed in the
community development staff memorandum dated 11/03/98 in P&Z
resolution #98-29 provided that Section 26.36.030(B)(17) be changed to
read Residential name and address signs. One (1) mailbox or wall sign
per detached residential dwelling unit or duplex unit, with an area not
to exceed two (2) square feet which identifies the street address of the
dwelling unit. In addition to this square foot limitation, it is also
acceptable to include a sign of security nature of an area of up to six
inches by six inches (6" x 6") neutral in color to be placed upon the wall
of the residence, a message alerting the general public of the presence of
a security system which includes the name and phone number of that
security provider and not primarily an advertising device.
Approved numbers or addresses shall be placed on all new and existing
buildings or mailboxes, whichever is more visible, in such a position as
to be plainly visible from the street or road fronting the property.
Numbers shall contrast with their background. Steve Buettow second.
Roll call vote: Mooney, yes; Semrau, yes; Blaich, yes; Buettow, yes;
Hunt, yes; Garton, no. APPROVED 5-1.
PUBLIC HEARING (continued from 10/20/98):
SMUGGLER HUNTER TRUST (Aley property) SUBDIVISION &
REZONING
Steve Buettow and Tim Semrau were recused.
David Hoefer, Assistant City Attorney, stated the property was noticed, but has
been sold. Maxwell Aley stated the new owner was not present but Scott Hicks,
representative for the new owner with an interest in the property, was present.
Aley noted that Smuggler Hunter Trust executed an assignment for their interest in
the city contract to Maureen Kinney, the new owner. John Worcester and David
Hoefer met regarding the noticing and deemed the original notice sufficient to
proceed with the public hearing process.
Sara Garton, Chairwoman, opened the continued public hearing on 2 Williams
Way for subdivision, rezoning and special review. Chris Bendon, staff, explained
utilizing bluelines the property was a one acre piece (bisected by Williams Way,
not a divided parcel) zoned RMF-A with the need for rezoning. He said the
process from P&Z was to recommend to city council the rezoning and subdivision.
E
Bendon said the parking requirement was for four spaces, not long term, along
Spruce Street. Hoefer noted one of those spaces would be for handicap parking.
Staff recommended approval with the conditions listed that were associated with
normal subdivision plat requirements.
Garton inquired what the plans were for the existing house. Bendon and Hoefer
both concurred there no plans since there were new owners, who would have to
make application. Aley commented that Jim Markalunas said his aunt lived in the
west unit that was built in 1895 or 1896. He said the other was built in 1885
moved from the site of the old public library on main street in the 1960's. Aley
said his wife lived there in the 1950's. He noted the 2 units were joined together
to what was now there.
No public comments.
Aley expressed concern for condition #3; this was not an immediate requirement
whenever deemed necessary by the city engineer. He noted there were no
sidewalks on either side of the street all the way to Williams Woods; it would be
difficult under the topography of the streets to construct sidewalks. Julie Ann
Woods stated that the city engineer wanted the condition. The commission
discussed this condition, and it was stricken from the P&Z motion.
Aley requested rewording of condition #6; when the city does the park a plan
could be submitted but not required on lot # 1 unless there was redevelopment.
The following was added to the first sentence in condition #6... the owner of that
lot shall ...
MOTION: Roger Hunt moved to approve the Special Review for
Parking and recommend City Council approve the Smuggler Hunter
Trust Subdivision, 2 Williams Way, and Rezoning of proposed Lot #2
of the Subdivision, with the following conditions as contained in P&Z
Resolution #98-34: 1. Prior to final approval by City Council, a park easement shall
be recorded for the portion of Lot #1 south of Williams Way and noted on the plat. The
easement shall be approved by the City Attorney prior to recordation. 2. Prior to final
approval by City Council, the final plat shall be reviewed and approved by the City
Engineer. An easement shall be provided on Lot #1 for electric equipment which is
currently in the Spruce Street R.O.W. Existing parking spaces for Lot #1 shall be depicted
on the final plat. 3. deleted. 4. Prior to final approval by City Council, the applicant shall
complete and record an agreement to join any future improvement districts for the purpose
of constructing improvements which benefit the property under an assessment formula. 5.
The applicant shall coordinate the placement of street trees with the City Forester to meet
the street tree requirement of Subdivision. 6. Prior to redevelopment of either Lot, the
6
owner of that Lot shall submit a drainage report and a drainage plan, including a erosion
control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment
and debris on -site during and after construction. If a ground recharge system is required,
a soil percolation report will be required to correctly size the facility. A two year storm
frequency should be used in designing any drainage improvements. 7. No more than four
(4) parking spaces may be provided along Spruce Street for Lot #2. The spaces shall be
signed for two hour maximum parking. 8. All material representations made by the
applicant in the application and during public meetings with the Planning and Zoning
Commission shall be adhered to and considered conditions of approval, unless otherwise
amended by other conditions. Roll call vote: Mooney, yes; Blaich, yes; Hunt,
yes; Garton, yes. APPROVED 4-0.
Garton asked if the house was a historic landmark. Aley stated that it was not and
not even in the HP district. Woods replied that it would be inventoried.
Meeting adjourned 6:45 p.m. into work sessions on Truscott Place Affordable
Housing and Long Range Planning Survey, 7th & Main.
j"kie Lothian, Deputy City Clerk
0 e �.
MEMORANDUM
TO: Mayor and City Council
THRU: Amy Margerum, City Manager
Julie Ann Woods, Community Development Director
FROM: Christopher Bendon, Planner
RE: Smuggler Hunter Trust -- 2 Williams Way
Subdivision and Rezoning -- 2nd Reading & Public Hearing
DATE: November 23, 1998
SUMMARY:
The applicant, Maureen Kiney represented by Maxwell Aley, is proposing a
Subdivision and Rezoning of her property located at 2 Williams Way. The
property is currently a 43,560 square foot tract within the RMF-A Zone District.
The applicant has entered into an agreement with the City of Aspen to convey Lot
#2 of the Subdivision to the City for the purpose of providing a municipal park.
The proposed Subdivision boundary has been designed to preserve the
conforming status of Lot #1. There is a minimum lot size of 27,001 square feet in
the RMF-A Zone District which prescribes this line. The remaining parcel, Lot
#2, is less than this minimum lot size and requires rezoning to remain a
conforming parcel. The Park Zone District is the most compatible with the
expected land use of the property.
The Planning and Zoning Commission has reviewed this request and has
recommended approval with the conditions provided in the Ordinance.
Staff and the Planning and Zoning Commission recommend City Council
approve this Subdivision and Rezoning, with conditions.
ISSUES RAISED SINCE FIRST READING:
The City Manager requested staff research two points: 1) does the property have
any FAR restrictions; and 2) is the property eligible to be added to the historic
inventory.
Regarding the Allowable Floor Area (FAR), although the portion of the property
south of Williams Way is deed restricted for open space this only prevents
structures from being built on that portion of the land. There are no easements,
deed restrictions, or documents of record which alter the development rights from
that allowed with the RMF-A Zoning.
That portion of the property with the open space restriction cannot be developed
but does convey development rights to the northern portion of proposed Lot # 1.
In other words, the open space restriction limits the location, but not the quantity,
of development.
Regarding the historic quality of the applicant's property, the Historic
Preservation officer has indicated that the Aley property has not been included on
the City "Inventory of Historic Sites and Structures," possibly due to an oversight
at the time of the last Inventory study in 1991. The building on the site appears tc
be two historic houses joined together, one of which staff understands was moved
to the property from a location on Main Street. Some exterior changes have been
made to the buildings, along with the addition which links them together, but in
general the form of the two houses is still intact and a restoration is possible.
Staff believes this property is eligible for the inventory
On October 8, 1997, at Mr. Aley's request, the HPC held a worksession to
determine whether they felt listing the property on the Inventory and
possibly landmarking it in the future would be appropriate. The Board
agreed that they would like to see the house designated historic. The applicant
has not pursued this process.
Adoption to the Inventory, and landmark designation if desired, would be
accomplished by approval of an Ordinance at City Council, with
recommendations from HPC and P&Z. City Council may want to consider
amending the purchase contract (also on the agenda) to require Lot #1 be included
on the City's Historic Inventory.
APPLICANT:
Maureen Kiney, owner.
Represented by Maxwell Aley.
LOCATION:
2 Williams Way.
ZONING:
Existing:
Proposed:
LOT SIZE:
Existing:
Residential Multi -Family - A (RMF-A)
Lot #2 of the subdivision is proposed for Park (P) Zoning
Proposed residential lot
Proposed park lot size:
LOT AREA & FAR:
1.00 acre. 43,560 square feet.
27,001 square feet.
16,559 square feet.
Lot area for the residential parcel is reduced by the 5,500 square foot portion of
the property within the Williams Way R.O.W. The Allowable Floor Area depends
upon the Lot Area and the use.
4
Lot Area: Proposed 21,501 Existing 38.060
FAR: Single -Family: 4,345 square feet. 5,173 square feet.
Duplex: 4,745 square feet. 5,573 square feet.
Multi -Family: 7,740 square feet. 13,700 square feet.
CURRENT LAND USE:
Residential with an open space easement encumbering the southern portion of the
parcel. This easement is currently held by Pitkin County. The easement restricts
the location, but not the amount, of allowable floor area for development.
PROPOSED LAND USE:
Residential for the portion of the parcel north of Williams Way. Park for lands
south of Williams Way.
REVIEW PROCEDURE:
Subdivision & Rezoning. The City Council shall consider the application at a
public hearing, consider the recommendations of the Community Development
Director and the Planning and Zoning Commission, and approve, approve with
conditions, or deny the request.
BACKGROUND:
The portion of this property south of Williams Way is currently deed restricted to
open space uses and passive recreation with no development opportunities. This
restriction was placed on the property by the County in a land -swap arrangement
with the owner. The City has entered into a contract to purchase the southern
parcel and a surface easement for the remaining land south of Williams Way for
the purpose of providing a public park.
The subdivision will allow the transfer of the park parcel to the City. The
rezoning is necessary because the minimum lot size in the RMF-A Zone District
is 27,001 square feet. The City's contract is contingent upon subdivision and
rezoning approval.
RECOMMENDATION:
Staff recommends City Council pass this Ordinance upon second reading, with
the following conditions:
1. The Final Plat shall include a public park easement for that portion of Lot #1 south of
Williams Way. The easement shall be approved by the City Attorney prior to recordation.
2. The Final Plat shall include an easement on Lot # 1 for electric equipment which is currently
in the Spruce Street R.O.W.
3. The property owner and the City shall enter into a Subdivision Improvements Agreement.
The agreement shall be approved by the City Attorney prior to recordation. The agreement
shall require the applicant to join any future improvement districts which benefit the
property under an assessment formula and shall require the applicant install the two street
0 •
trees, in cooperation with the City Forester, to meet the street tree requirement of
Subdivision.
4. Prior to redevelopment of either Lot, the owner of that Lot shall submit a drainage report and
a drainage plan, including a erosion control plan, prepared by a Colorado licensed Civil
Engineer which maintains sediment and debris on -site during and after construction. If a
ground recharge system is required, a soil percolation report will be required to correctly size
the facility. A two-year storm frequency should be used in designing any drainage
improvements.
5. All material representations made by the applicant in the application and during public
meetings with the Planning and Zoning Commission and the City Council shall be adhered to
and considered conditions of approval, unless otherwise amended by other conditions.
CITY MANAGER'S COMMENTS:
RECOMMENDED MOTION:
"I move to adopt Ordinance No. , Series of 1998, upon second reading."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- Referral Agency Comments
Exhibit C -- Application
4
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MEMORANDUM 0 V1
TO: Mayor and City Council
THRU: Amy Margerum, City Manager
Julie Ann Woods, Interim Community Development Director
FROM: Christopher Bendon, Planner &M
RE: Smuggler Hunter Trust -- 2 Williams Way
Subdivision and Rezoning -- 1st Reading
DATE: November 9, 1998
SUMMARY:
The applicant, Smuggler Hunter Trust represented by Maxwell Aley, is proposing
a Subdivision and Rezoning of his property located at 2 Williams Way. The
property is currently a 43,560 square foot tract within the RMF-A Zone District.
The applicant has entered into an agreement with the City of Aspen to convey Lot
#2 of the Subdivision to the City for the purpose of providing a municipal park.
The proposed Subdivision boundary has been designed to preserve the
conforming status of Lot #1. There is a minimum lot size of 27,001 square feet in
the RMF-A Zone District which prescribes this line. The remaining parcel, Lot
#2, is less than this minimum lot size and requires rezoning to remain a
conforming parcel. The Park Zone District is the most compatible with the
expected land use of the property.
The Planning and Zoning Commission has reviewed this request and has
recommended approval with the conditions provided in the Ordinance.
Staff recommends City Council approve this Subdivision and Rezoning upon
First Reading.
APPLICANT:
Smuggler Hunter Trust, owner.
Represented by Maxwell Aley.
LOCATION:
2 Williams Way.
ZONING:
Existing: Residential Multi -Family - A (RMF-A)
Proposed: Lot 2 of the subdivision is proposed for Park (P) Zoning
•
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LOT SIZE:
Existing:
Proposed residential lot:
Proposed park lot size:
LOT AREA & FAR:
1.00 acre. 43,560 square feet.
27,001 square feet.
16,559 square feet.
Lot area for the residential parcel is reduced by the 5,500 square foot portion of
the property within the Williams Way R.O.W.
The Allowable Floor Area depends upon the Lot Area and the use.
Lot Area: Proposed 21,501 Existing 38,060
FAR: Single -Family: 4,345 square feet. 5,173 square feet.
Duplex: 4,745 square feet. 5,573 square feet.
Multi -Family: 7,740 square feet. 13,700 square feet.
CURRENT LAND USE:
Residential with an open space easement encumbering the southern portion of the
parcel.
PROPOSED LAND USE:
Residential for the portion of the parcel north of Williams Way. Park for lands
south of Williams Way.
REVIEW PROCEDURE:
Subdivision & Rezoning. The City Council shall consider the application at a
public hearing, consider the recommendations of the Community Development
Director and the Planning and Zoning Commission, and approve, approve with
conditions, or deny the request.
BACKGROUND:
The portion of this property south of Williams Way is currently deed restricted to
open space uses and passive recreation with no development opportunities. This
restriction was placed on the property by the County in a land -swap arrangement
with the owner. The City has entered into a contract to purchase the southern
parcel and a surface easement for the remaining land south of Williams Way for
the purpose of providing a public park.
The subdivision will allow the transfer of the park parcel to the City. The
rezoning is necessary because the minimum lot size in the RMF-A Zone District
is 27,001 square feet. The City's contract is contingent upon subdivision and
rezoning approval.
STAFF COMMENTS:
Staff has included conditions requiring certain actions before final approval by
City Council. This is different than most processes. The purpose is to allow City
2
•
•
Council to approve the Ordinance, final plat, and contract all at once with all
issues being resolved.
RECOMMENDATION:
Staff recommends City Council pass this Ordinance upon first reading, with the
following conditions:
1. Prior to final approval by City Council, a park easement shall be recorded for the portion of
Lot #1 south of Williams Way and noted on the plat. The easement shall be approved by the
City Attorney prior to recordation.
2. Prior to final approval by City Council, the final plat shall be reviewed and approved by the
City Engineer. An easement shall be provided on Lot #1 for electric equipment which is
currently in the Spruce Street R.O.W. Existing parking spaces for Lot #1 shall be depicted
on the final plat.
Prior to final approval by City Council, the applicant shall complete and record a sidewalk,
curb, and gutter construction agreement.
4. Prior to final approval by City Council, the applicant shall complete and record an agreement
to join any future improvement districts for the purpose of constructing improvements which
benefit the property under an assessment formula.
5. The applicant shall coordinate the placement of street trees with the City Forester to meet the
street tree requirement of Subdivision.
6. Prior to redevelopment of either Lot, the owner shall submit a drainage report and a drainage
plan, including a erosion control plan, prepared by a Colorado licensed Civil Engineer which
maintains sediment and debris on -site during and after construction. If a ground recharge
system is required, a soil percolation report will be required to correctly size the facility. A
two-year storm frequency should be used in designing any drainage improvements.
7. All material representations made by the applicant in the application and during public
meetings with the Planning and Zoning Commission and the City Council shall be adhered to
and considered conditions of approval, unless otherwise amended by other conditions.
CITY MANAGER'S COMMENTS:
RECOMMENDED MOTION: /
"I move to approve Ordinance No. �� , Series of 1998, upon first reading."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- Referral Agency Comments
Exhibit C -- Application
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EXHIBIT A
Staff Comments: Subdivision
A development application for subdivision review shall comply with the following standards and
requirements:
1. General Requirements.
a. The proposed subdivision shall be consistent with the Aspen Area
Comprehensive Plan.
Staff Finding:
The proposed subdivision will allow the City to purchase a property in a high density
residential area and provide a public park. This specific location was not considered
during the 1993 AACP. However, the property near Gibson and Lone Pine (Mocklin
Subdivision) was considered in `93 for a semi -active park.
b. The proposed subdivision shall be consistent with the character of existing land
uses in the area.
Staff Finding:
The area is typified by high density residential development. Hunter Creek
Condominiums are to the West with Centennial Condominiums to the East. The
subdivision will allow the sale of the open space parcel to the City for the future
development of a small neighborhood park. This proposed land use is compatible with
the surrounding neighborhood character.
C. The proposed subdivision shall not adversely affect the future development of
surrounding areas.
Staff Finding:
The surrounding area is essentially built -out.
parcel will be lower with the smaller lot size
Potential development of the fathering
However, this smaller parcel will remain
zoned for high density residential with much higher density than is currently developed
on the site.
d. The proposed subdivision shall be in compliance with all applicable
requirements of this title.
Staff Finding:
The proposed subdivision will create a lot smaller than the minimum required for the
RMF-A Zone District. The applicant is proposing to rezone the smaller Lot #2 to Park.
2. Suitability of land for subdivision.
a. Land suitability. The proposed subdivision shall not be located on land
unsuitable for development because of flooding, drainage, rock or soil creep,
Staff Comments page 1
mudflow, rocksli avalanc snowslide, steep topography, or any other
natural hazard or othe ition that will be harmful to the health, safety, or
welfare of the residents in the proposed subdivision.
Staff Finding;
There are no environmental constraints which affect this property.
b. Spatial pattern efficient. The proposed subdivision shall not be designed to
create spatial patterns that cause inefficiencies, duplication or premature
extension of public facilities and unnecessary public costs.
Staff Finding;.
This subdivision will not create any inefficiencies for the City. The public costs are the
purchase of the property and easement to create the park and any capital improvements
which follow in the development of the park. These costs have been analyzed by the City
Parks Department and will be dependent upon approval by City Council.
3. Improvements.
a. Required improvements. The following shall be provided for the proposed
subdivision.
1. Permanent survey monuments, range points, and lot pins.
2. Paved streets, not exceeding the requirements for paving and
improvements of a collector street.
3. Curbs, gutters, and sidewalks.
4. Paved alleys.
5. Traffic -control signs, signals, or devices.
6. Street lights.
7. Street name signs.
8. Street trees or landscaping.
9. Water lines and fire hydrants.
10. Sanitary sewer lines.
11. Storm drainage improvements and storm sewers.
12. Bridges and culverts.
13. Electrical lines.
14. Telephone lines.
15. Natural gas lines.
16. Cable television lines.
b. Approved plans. Construction shall not commence until on any of the
improvements required by this Section 26.88.040(C)(3)(a) until a plan, profile,
and specifications have been received and approved by the City Engineer and,
when appropriate, the relevant utility company.
C. Oversize Utilities. In the event oversized utilities are required as a part of the
improvements, arrangements for reimbursement shall be made whereby the
subdivider shall be allowed to recover the cost of the utilities that have been
provided beyond the needs of the subdivision.
Staff Comments page 2
•
•
Staff Finding;
Most of these standards do not apply to this parcel because it is being subdivided for the
purpose of conveying a park parcel. The City Engineer will require the placement of
corners (for surveying) and curbs and gutters, especially if parking is provided.
4. Design Standards. The following design standards shall be required for all
subdivisions.
a. Street and related improvements. The following standards shall apply to
streets regardless of type or size, unless the street has been improved with
paving, curb, gutter, and sidewalk.
1. Conform to plan for street extension.
2. Right-of-way dedication.
3. Right-of-way width.
4. Half -street dedications.
5. Street ends at subdivision.
6. Cul-de-sacs.
7. Dead-end streets.
8. Centerline offset.
9. Reverse curves.
10. Changes in street grade.
11. Alleys.
12. Intersections.
13. Intersection grade.
14. Curb return radii.
15. Turn by-passes and turn lanes.
16. Street names and numbers.
17. Installation of curb, gutter sidewalks, or driveways. No finish paving,
curb, gutter, sidewalk, or driveways shall be constructed until one year
after the installation of all subsurface utilities and improvements.
18. Sidewalks. Sidewalks shall be eight (8) feet wide in the Commercial
Core (CC), Commercial (C1), Neighborhood Commercial (NC), and
Commercial Lodge (CL) Zone Districts and five (5) feet wide in all
other zone districts where sidewalks are required. Consideration shall
be given to existing and proposed landscaping when establishing
sidewalk locations.
19. City specifications for streets.
20. Range point monuments.
21. Street name signs.
22. Traffic control signs.
23. Street lights.
24. Street tree. One street tree of three-inch caliper for deciduous trees
measured at the top of the ball or root system, or a minimum of six-foot
height for conifers, shall be provided in a subdivision in residential zone
districts for each lot of seventy (70) foot frontage or less, and at least
two (2) such trees shall be provided for every lot in excess of seventy
(70) feet frontage. Corner lots shall require at least one tree for each
street. Trees shall be placed so as not to block sight distances at
Staff Comments page 3
driveways or corners. The City Parks and Recreation Department shall
furnish a list of acceptable trees. Trees, foliage, and landscaping shall
be provided in subdivisions in all other zone districts in the City in
accordance with the adopted street landscaping plan.
b. Easements.
1.
Utility easements.
2.
"T" intersections and cul-de-sacs. Easements twenty (20) feet in width
shall be provided in "T" intersections and cul-de-sacs for the
continuation of utilities or drainage improvements, if necessary.
3.
Potable water and sewer easements.
4.
Planned utility or drainage system.
5.
Irrigation ditch, channel natural creek.
6.
Fire lanes and emergency access easements.
7.
Planned street or transit alignment.
8.
Planned trail system.
C. Lots and blocks.
1.
General.
2.
Side lot lines.
3.
Reversed corner lot and through lots.
4.
Front and street.
5.
State Highway 82.
6.
Block lengths.
7.
Compatibility.
8.
Mid -Block pedestrian walkways.
d. Survey Monuments.
1. Location.
2. C.R.S. 1972 38-51-101.
3. Range points and boxes.
e. Utilities.
1.
Potable waterline and appurtenances.
2.
Size of waterlines.
3.
Fire hydrants.
4.
Sanitary sewer.
5.
Underground utilities.
6.
Other utilities.
7.
Utilities stubbed out.
E Storm Drainage
1. Drainage plan.
2. Detention storage.
3. Maintain historical drainage flow.
4. Calculations and quantities of flow.
g. Flood hazard areas.
Staff Comments page 4
•
•
l . The proposed subdivision design shall be consistent with the need to
minimize flood damage to public utilities and facilities such as sewer,
gas, electricity, and potable water systems.
2. Base flood elevation data shall be provided for any proposed subdivision
of at least fifty (50) lot or five (5) acres, whichever is less.
h. The design and location of any proposed structure, building envelope, road,
driveway, trail, or other similar development is compatible with significant
natural or scenic features of the site.
i. Variations of design standards. Variations from the provisions of this section,
"Design Standards," may be granted by special review as provided for in
Chapter 26.64.
Staff Finding
a. Because this Subdivision is not creating any new streets, most of these design
standards do not apply. The City Engineer is requiring this installation of sidewalks,
curbs, and gutters. The Parks Department will be landscaping the "park" parcel in a
compatible manner. Both parcels are required to provide trees along Spruce Street
and Williams Way. Due to the density of trees on the residential parcel, the owner
will need to work with the Parks Department to determine appropriate locations for
these trees.
b. The City Engineer is requiring a new easement for a electric transformer which is
currently located within the Spruce Street R.O.W. .
c. This standards applies to Subdivisions where several lots are being created within
blocks and does not apply to this subdivision.
d. The City Engineer is requiring the placement of additional survey monuments.
e. The City Engineer has not requested any additional utilities to be installed.
f. The City Engineer has requested a drainage report at the time of development of each
parcel.
g. This parcel is not within a flood hazard area.
h. There are no new structures proposed for either parcel.
i. No variations to these standards are being requested.
5. Affordable housing. A subdivision which is comprised of replacement dwelling units
shall be required to provide affordable housing in compliance with the requirements of
Title 20, Replacement Housing Program. A subdivision which is comprised of new
Staff Comments page 5
0
dwelling units shall be required to provide affordable housing in compliance with the
requirements of Chapter 26.100, Growth Management Quota System.
Staff Finding:
Does not apply. There are no new residential units being created.
6. School land dedication standards.
C. Dedication Schedule.
1. Land Dedication. School land dedications shall be assessed according to
the following schedule:
Unit Type Land Dedication Standard
Dormitory .0000 acres (0 sq, ft.)
Studio/One bedroom .0012 acres (52 sq. ft.)
Two bedroom .0095 acres (416 sq. ft.)
Three bedroom .0162 acres (707 sq. ft.)
Four bedroom .0248 acres (1081 sq. ft.)
Five bedroom .0284 acres (1236 sq. ft.)
2. Cash -in -lieu payment. An applicant may make a cash payment in -lieu
of dedicating land to the City, or make a cash payment in combination
with a land dedication, to comply with the standards of this section.
Because of he high cost of subdivided land in the City of Aspen, the
School District and Aspen have decided to require payment of a cash -in -
lieu amount which is less than the full market value of the land area.
The formula to determine the amount of cash -in -lieu payment for each
residential dwelling unit is as follows:
Market value of land x applicable land dedication standard x 0.33 = cash payment.
Payment of cash -in -lieu of a land dedication shall be made to the City prior to and on a
proportional basis to the issuance of any building permits for the residential dwellings.
Staff Finding
There are no additional residential units proposed for either parcel. This standard does
not apply.
Staff Comments: Rezoning
Section 26.92.020, Standards Applicable to Rezoning
In reviewing an amendment to the official zone district map, the City Council and the
Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of
this title.
Staff Comments page 6
0
Staff Finding:
The rezoning of the southern property is necessary to allow the creation of a lot which
conforms with the City's zoning requirements. The Park (P) Zone District will more
closely follow the uses that this property is intended for.
B. Whether the proposed amendment is consistent with all elements of the Aspen
Area Comprehensive Plan.
Staff Finding;
The AACP does not refer to this parcel specifically. A park for passive and semi -active
recreation at this location, however, would serve a large population.
C. Whether the proposed amendment is compatible with surrounding zone districts
and land uses, considering existing land use and neighborhood characteristics.
Staff Finding;
The surrounding land uses are generally high density residential. A passive and semi -
active park at this location would serve a large population. The proposed land use is
compatible with the surrounding land uses.
D. The effect of the proposed amendment on traffic generation and road safety
Due to its proximity to high density residential development, most potential users of the
park would probably walk or ride a bike to the proposed park. The zone change is not
expected to pose any traffic problems and is a reduction in the allowed density for the
existing "residential" parcel.
E. Whether and the extent to which the proposed amendment would result in
demands on public facilities, and whether and the extent to which the proposed
amendment would exceed the capacity of such facilities, including, but not limited
to, transportation facilities, sewage facilities, water supply, parks, drainage,
schools, and emergency medical facilities.
Staff Finding;
The parcel is currently deed restricted as open space and does not allow for development.
A zone change to park will not affect demands on community facilities. Development of
a passive or semi -active park on this site would address a lack of public recreational
facilities in the immediate vicinity.
F. Whether and the extent to which the proposed amendment would result in
significant adverse impacts on the natural environment.
Staff Finding;
The zone change is not expected to significantly affect the natural environment.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen.
Staff Comments page 7
Staff Finding;
A public park in this area is compatible with the neighborhood. This expenditure of
public finds is consistent with other City expenditures.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
Staff Finding_
The high density residential developments of Hunter Creek and Centennial, which have
provided internal open space and recreational opportunities for their residents and which
are proximate to Hunter Creek and Smuggler Mountain, will benefit from a public park.
I. Whether the proposed amendment would be in conflict with the public interest,
and is in harmony with the purpose and intent of this title.
Staff Finding:
This rezoning is not in conflict with the public interest.
Staff Comments page 8
0 lcpx�, b4z ks
MEMORANDUM
To: Chris Bendon, Planner
Thru: Nick Adeh, City Engineer J,
From: Chuck Roth, Project Engineer cye-
Date: October 16, 1998
Re: Aley Subdivision & Rezoning
(2 Williams Way)
The Development Review Committee has reviewed the above referenced application at their
September 30, 1998 meeting, and we have the following comments:
1. Draft Plat - The final plat must indicate a title commitment performed within the past 12 months
for easement information. A City park easement is not indicated. The property corners between the
two lots must be monumented and indicated.
2. Sidewalk, Curb & Gutter - The applicant should be required to construct sidewalk adjacent to
his Lot 1 frontage. Since it too late in the construction season to accomplish that this year, the
applicant should be required to sign a sidewalk construction agreement, with sidewalk to be
completed no later than June 30, 1999, and to replace any damaged sections of curb and gutter. The
development of Lot 2 should require construction of sidewalk prior to issuance of a certificate of
occupancy.
3. Site Drainage - The existing City storm drainage infrastructure system is sub -standard and
cannot adequately convey storm runoff. The site development approvals must include the
requirement of meeting runoff design standards of the Land Use Code at Sec. 26.88.040.C.4.f and
Engineering Department's interim design and construction standards. A drainage mitigation plan
(24"06" size plan sheet or on the lot grading plan) and a report must be signed and stamped by an
engineer registered in the State of Colorado, submitted as part of the building and site plan, as well
as a temporary sediment control and containment plan for the construction phase. The existing
structure should be required to construct drainage improvements prior to signing the plat.
4. Parking - The final plat needs to show two existing 81/i x 18' parking spaces.
5. Utility Easements - The plat indicates an electric transformer and two utility pedestals in the
public right-of-way at the northeast corner of the property. The applicant should be required to
dedicate an 8'x8' easement at the northeast corner of Lot 1 for such time as it is desirable to relocate
them out of the public right-of-way.
6. Trash & Utilities - All utility meters and any new utility pedestals or transformers must be
'installed on the applicant's property and not in the public right-of-way. For pedestals, easements
must be provided. The building permit drawings must indicate all utility meter locations. Meter
locations must be accessible for reading and may not be obstructed by trash storage.
7. Improvement Districts - The applicant should be required to agree to join any improvement
districts that are formed for the purpose of constructing improvements in adjacent public rights -of -
way and to provide a signed and notarized agreement with recording fees prior to the final building
inspection.
8. Work in the Public Right-of-way - Given the continuous problems of unapproved work and
development in public rights -of -way adjacent to private property, we advise the applicant as
follows:
The applicant must receive approval from city engineering (920-5080) for design of
improvements, including landscaping, within public rights -of -way, parks department (920-5120)
for vegetation species, and streets department (920-5130) for mailboxes , street and alley cuts, and
shall obtain permits for any work or development, including landscaping, within public rights -of -
way from the city community development department.
98M l 82
2
Rebecca Schickline.12:04 PMM3/10/98, Re: Alev Subdivision W
X-Sender: rebeccas@commons
Date: Tue,13 Oct 199812:04:12 -0600
To: Christopher Bendon <chrisb@ci.aspen.co.us>
From: Rebecca Schickling <rebeccas@ci.aspen.co.us>
Subject: Re: Aley Subdivision
Cc: nicka@ci.aspen.co.us
Chris,
The contract provides for parking on Spruce St. up to a maximum of 4 spaces.
However, we are not planning on developing the property for a few years and
therefore will not do the parking until then, and the number of spaces may
even be less when we actually design the park. There is curb and gutter
along Spruce but not on Williams Way. I personally don't think there is a
need for it along Williams Way though. Landscaping will be done as well but
again we have no plans on doing anything for atleast a year or two. Restroom
facilities would not require utilities because we would use port -a -potties
or something similar. Possibly, we would install a drinking fountain but
nothing is designed yet. We would do any necessary taps for that when we
design the park. We may do some conceptual design for presenting to the
BOCC in order for the deed restriction to be lifted. Thanks.
Becca
At 09:47 AM 10/12/98 -0600, you wrote:
>Nick:
>Do you want sidewalks, curbs, and gutters for this parcel? And, are there
>any utilities required such as a fire hydrant, water, sewer? Do you want
>any survey points set?
>Becca:
> Is there going to be parking for this park and how many spaces? Is there a
>landscape plan in the works? Are there future plans for bathroom facilities
>which would require utilities?
>Cheers,
>Chris Bendon, City Planning
Rebecca Schickling
Printed for Christopher Bendon <chrisb@ci.aspen.co.us> 1
• ►�lu • �l) • u u
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Sara Garton, Chairwoman, opened the regular Aspen Planning & Zoning meeting
at 4:30 p.m. Commissioners Bob Blaich, Steve Buettow, Roger Hunt, Tim
Mooney, Tim Semrau and Sara Garton were present. Jasmine Tygre and Ron
Erickson were excused. City Staff in attendance were: David Hoefer, Assistant
City Attorney, Chris Bendon, Mitch Haas and Julie Ann Woods, Community
Development, and Jackie Lothian, Deputy City Clerk.
Sara Garton reminded the commission about lunch with city council on Friday,
11/06/98 at noon. Garton also noted a managing growth presentation by Roger
Millar on Thursday, 11/5/98.
Steve Buettow said the project on Park appeared to be dug -out into the right-of-
way; he questioned safety issues. Tim Mooney noted it was critical construction
in the set back; they probably own to the center of the road. He said the traffic on
Park Avenue was out of control. He mentioned that DRAC had a case this week
regarding a window -well in that area. Garton stated there were 2 basement
constructions going on and 1 appeared to be close to the river bank. Mooney
replied there was a building permit for a 250 square foot addition below grade. He
requested stop signs at that intersection. Mooney stated neighbors stacked
boulders very uniquely along the roadway and took out the place where the bus or
cars could pull off or to plow snow. He said it was a landscape feature (as a
privacy statement) adding to the congestion in the area.
David Hoefer stated Julie Ann Woods was appointed planning director. Woods
handed out an information sheet as a follow up to commission concerns.
axemen
Tim Semrau stated that he had a conflict on Smuggler Hunter Trust because he
had inquired into the purchase of the property. Steve Buettow stated his conflict
stemmed from Hunter Creek Commons (a board member) negotiating with
Smuggler Hunter Trust on a possible land purchase.
PUBLIC HEARING (continued from October 6, 1998):
X 1- U 0 "047 Mel_ 1 1 J- _ \
Sara Garton, chair, opened the public hearing introducing Marc Powell from Apex
Security and placed his letter into the public record. Mitch Haas, staff, explained
the background for the code amendments were from questions raised about the
legality of signs and right-of-way placement. He said right-of-way placement was
not allowed by the city. The code does not provide for off -site premises or these
signs at all. Haas said staff was doing a balancing act with the polar ends of the
positions of the sign issues.
Haas stated the position of those who feel the security signs should be allowed
say: they were a deterrent for criminal activity; a feeling of security with the signs;
better ability for emergency response to locate a property. When police or fire
were asked if the signs helped located a property, they said the response time was
the same with or without security signs.
Haas said the other side against the security signs say: they were a form of
advertising that was not allowed by any other entity. Real estate and construction
signs were removed when the property was sold or construction completed; the
signs were allowed by code as temporary in nature.
Haas stated the recommendation was for a 6"x6" area within the allowable signage
to identify a security system on premises; the sign not be company specific, that
way it would not advertise for a specific, security company. Haas noted that off -
site signage was not allowed and the code amendment made that more clear. He
had a slide presentation showing the security signs on Hwy 82 down to Galena at
Aspen Drug.
There was discussion of the 2 square foot sign limitation for residences. Bob
Blaich asked the size of the current Apex signs. Powell replied 11"xl 1" and the
signs were owned by the clients, not Apex. He said they have worked very hard
with the city to come up with a solution to meet the clients needs and the concerns
that were identified by Mitch. Powell did not feel the pictures were very fair
because they were taken much closer than just driving past. He said that tertiary
emergency response units would utilize the signs for identification purposes
according to ambulance drivers he spoke with. Powell felt the signage being seen
from the street was important.
2
IJI
Powell said there was a level of corporate discrimination because a 6"x6" sign
without a security company's name on the sign was the same when a realtor could
have their name on a for sale sign and move it all around town without any
problems advertising their business. He stated they have spent in excess of
$30,000.00 to complying with city directives to move the signs.
David Hoefer, Assistant City Attorney, addressed the legal issues in the letter from
Marc Powell. He said there were no first amendment issues; no grandfathering
issues; no good faith reliance issues. Hoefer said the focus should be on the two
arguments for the advertising and the deterrent affect.
No public comment.
Tim Sermrau asked if the 6"x6" sign was okay with the applicant. Powell
responded that it was their idea. The discussion included the security company
name placement and phone number, stickers on windows separate from the signs.
Roger Hunt stated that he was probably responsible for the review of security
signs. He said the signs were for the convenience of the burglar to find the homes
without security signs. He did not want the signs on the mailbox posts but rather
on the wall within 10' of the front door. Hunt said the sign could contain the
security company name and phone number. He found the sign at Aspen Drug
objectionable. Garton noted this was for permanent signs.
Tim Mooney asked what level of service does this sign afford. Powell replied that
it was an electronically monitored system.
Bob Blaich said that people have a right to have some kind of indication that there
was security but not for a cleaning service. He stated the sign should have the
word security as the focal point and then the company name and telephone
number. The signs should be back on the property and not in the yards or
mailboxes but on the house. The size and color have been agreed upon. Blaich
noted the commercial properties have signage and should comply to the sign rules.
He said a quieter more subtle solution would work better. He noted that many of
the signs were still in the right-of-way and a problem. Powell responded the city
suspended the action until after this hearing. Blaich asked if the no parking signs
purchased privately were legal. Staff the answered no. Blaich stated that he could
not vote in favor of the code amendment as it stood; more details needed to be
worked out.
3
Steve Buettow agreed with what had been said. He said the small 6"x6" signs on
or near the front doors that were informative with the name and phone number.
He did not feel the signs should be seen by everyone that drives by.
Sara Garton supported the amendment and agreed with staff on the commercial
advertisement. She felt strongly objectionable to Westec and other companies not
knowing their signs were not legal; they have not been blind sided by the fact the
signs were not allowed by code and right-of-way placement was not allowed.
Garton did not feel the company, logo or phone number needed to be identified on
the 6"x6" sign. Hunt asked if Garton thought the signs on mailboxes were a good
idea. Garton answered that did not offend her.
Tim Mooney understood this code amendment was a compromise; these signs
would not be allowed at all right now. He felt it was fairly balanced except for the
mailbox placement. He said the mailbox would say it had an armed alarm system
in the instance of a row of mailboxes with signs because the house wouldn't be
visible or known which house had the security system. Mooney also objected to
having the signs on commercial buildings; a burglar would go in the back door so
the signs should be on the back door. He felt that in the right-of-way, on
mailboxes, in front yards and up and down the highway was totally out of hand.
Haas noted the intent of amendment was not to restrict name and address signage
any more than it was and was now allowed as wall signs or free-standing. He said
that free-standing was to be changed to mailbox. He stated the fire code applied to
all residences in the city and the street number be placed on the residence. There
was discussion of security sign placement possibilities and size. Language needed
to be drafted for the appropriate location for the community, not the security
company. Decals could be placed on windows in addition to 6"x6" security signs.
MOTION: Tim Mooney moved to recommend to city council to adopt
the code amendments related to security signs as proposed in the
community development staff memorandum dated 11/03/98 in P&Z
resolution #98-29 with the word mailbox stricken. Steve Buettow
second. Roll call vote: Semrau, no; Blaich, no; Hunt, no; Mooney, yes;
Buettow, yes; Garton, yes. FAILED 3-3.
The commissioners continued discussions of name and address of security
companies on the 6"x6" security signs and proximity to the entrance of the
residence. Blaich suggested a mock-up of the sign be brought to city council; the
message was of security and safety not the company name first.
4
MOTION: Roger Hunt moved to recommend city council adopt the
code amendments related to security signs as proposed in the
community development staff memorandum dated 11/03/98 in P&Z
resolution #98-29 provided that Section 26.36.030(B)(17) be changed to
read Residential name and address signs. One (1) mailbox or wall sign
per detached residential dwelling unit or duplex unit, with an area not
to exceed two (2) square feet which identifies the street address of the
dwelling unit. In addition to this square foot limitation, it is also
acceptable to include a sign of security nature of an area of up to six
inches by six inches (6" x 6") neutral in color to be placed upon the wall
of the residence, a message alerting the general public of the presence of
a security system which includes the name and phone number of that
security provider and not primarily an advertising device.
Approved numbers or addresses shall be placed on all new and existing
buildings or mailboxes, whichever is more visible, in such a position as
to be plainly visible from the street or road fronting the property.
Numbers shall contrast with their background. Steve Buettow second.
Roll call vote: Mooney, yes; Semrau, yes; Blaich, yes; Buettow, yes;
Hunt, yes; Garton, no. APPROVED 5-1.
PUBLIC HEARING (continued from 10/20/98):
SMUGGLER HUNTER TRUST (Aleyproperty) SUBDIVISION &
REZONING
Steve Buettow and Tim Semrau were recused.
David Hoefer, Assistant City Attorney, stated the property was noticed, but has
been sold. Maxwell Aley stated the new owner was not present but Scott Hicks,
representative for the new owner with an interest in the property, was present.
Aley noted that Smuggler Hunter Trust executed an assignment for their interest in
the city contract to Maureen Kinney, the new owner. John Worcester and David
Hoefer met regarding the noticing and deemed the original notice sufficient to
proceed with the public hearing process.
Sara Garton, Chairwoman, opened the continued public hearing on 2 Williams
Way for subdivision, rezoning and special review. Chris Bendon, staff, explained
utilizing bluelines the property was a one acre piece (bisected by Williams Way,
not a divided parcel) zoned RNIF-A with the need for rezoning. He said the
process from P&Z was to recommend to city council the rezoning and subdivision.
74"Wealalme ►/_i-
Bendon said the parking requirement was for four spaces, not long term, along
Spruce Street. Hoefer noted one of those spaces would be for handicap parking.
Staff recommended approval with the conditions listed that were associated with
normal subdivision plat requirements.
Garton inquired what the plans were for the existing house. Bendon and Hoefer
both concurred there no plans since there were new owners, who would have to
make application. Aley commented that Jim Markalunas said his aunt lived in the
west unit that was built in 1895 or 1896. He said the other was built in 1885
moved from the site of the old public library on main street in the 1960's. Aley
said his wife lived there in the 1950's. He noted the 2 units were joined together
to what was now there.
No public comments.
Aley expressed concern for condition #3; this was not an immediate requirement
whenever deemed necessary by the city engineer. He noted there were no
sidewalks on either side of the street all the way to Williams Woods; it would be
difficult under the topography of the streets to construct sidewalks. Julie Ann
Woods stated that the city engineer wanted the condition. The commission
discussed this condition, and it was stricken from the P&Z motion.
Aley requested rewording of condition 46; when the city does the park a plan
could be submitted but not required on lot # 1 unless there was redevelopment.
The following was added to the first sentence in condition #6... the owner of that
lot shall ...
MOTION: Roger Hunt moved to approve the Special Review for
Parking and recommend City Council approve the Smuggler Hunter
Trust Subdivision, 2 Williams Way, and Rezoning of proposed Lot #2
of the Subdivision, with the following conditions as contained in P&Z
Resolution #98-34: 1. Prior to final approval by City Council, a park easement shall
be recorded for the portion of Lot #1 south of Williams Way and noted on the plat. The
easement shall be approved by the City Attorney prior to recordation. 2. Prior to final
approval by City Council, the final plat shall be reviewed and approved by the City
Engineer. An easement shall be provided on Lot #1 for electric equipment which is
currently in the Spruce Street R.O.W. Existing parking spaces for Lot #1 shall be depicted
on the final plat. 3. deleted 4. Prior to final approval by City Council, the applicant shall
complete and record an agreement to join any future improvement districts for the purpose
of constructing improvements which benefit the property under an assessment formula. 5.
The applicant shall coordinate the placement of street trees with the City Forester to meet
the street tree requirement of Subdivision. 6. Prior to redevelopment of either Lot, the
6
owner of that Lot shall submit a drainage report and a drainage plan, including a erosion
control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment
and debris on -site during and after construction. If a ground recharge system is required,
a soil percolation report will be required to correctly size the facility. A two year storm
frequency should be used in designing any drainage improvements. 7. No more than four
(4) parking spaces may be provided along Spruce Street for Lot #2. The spaces shall be
signed for two hour maximum parking. 8. All material representations made by the
applicant in the application and during public meetings with the Planning and Zoning
Commission shall be adhered to and considered conditions of approval, unless otherwise
amended by other conditions. Roll call vote: Mooney, yes; Blaich, yes; Hunt,
yes; Garton, yes. APPROVED 4-0.
Garton asked if the house was a historic landmark. Aley stated that it was not and
not even in the HP district. Woods replied that it would be inventoried.
Meeting adjourned 6:45 p.m. into work sessions on Truscott Place Affordable
Housing and Long Range Planning Survey, 7th & Main.
(�ckie Lothian, Deputy City Clerk
0 a
County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT
} ss. TO ASPEN LAND USE REGULATION
State of Colorado I SECTION 26.52.060 (E)
I, MAXWELL ALEY , being or representing an
Applicant to the City of Aspen, personally certify that I have complied with the public notice
requirements pursuant to Section 26.52.060 (E) of the Aspen Land Use Regulations in the following
manner: '
1. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid
U.S. Mail to all owners of property with three hundred (300) feet of the subject
property, as 1 ndicated on the attached list, on the I t hday of N o v • ,1998 (which is 16
days prior to the public hearing date of 11 / 2 3 9 8
2. By posting a sign in a conspicuous place on the subject property (as it could be seen
from the nearest public way) and that the said sign was posted and visible continuously
from the 3 r d day of N o v e mb e r , 199 $ (Must be posted for at least ten (10) full
days before the hearing date). A photograph of the posted sign is attached hereto.
.91
w�
/k, k"a q2tg, - ,
Signature Maxwell ey
Signed fore me 's_ b� - day
L�I�P I Pit 1199�, by
WITNESS MY =FIFICIAL SEAL
M commission a
Notary Public VVA1TE r
Notary Public's Si'� e
0 0
E
•
SaturdavSundav, November 7.8, 1998 a The Aspen Times 5-C
PUBLIC NOTICE
RE: SMUGGLER HUNTER TRUST SUBDIVISION
AND REZONING
NOTICE IS HEREBY GIVEN that a public hearing
will be held on Monday, November 23, 1998 at a
meeting to begin at 5:00 p.m. before the Aspen
City Council. Council Chambers, City Hall, 130 S.
Galena St., Aspen, to consider an application
submitted by Smuggler Hunter Trust. 3937 P 10
Lane. Paonia, CO 91428, requesting subdivision
approval and rezoning of a portion of the prop-
erty to Park (P). The property is located at 2
Williams Way, and is legally described as a par-
cei of land situated in the SW 1/4 of Section 7.
Township 10 S. Range 84 W of the 6th P.M. For
further information, contact Chris Bendon at the
Aspen/Pitkin Community Development
Department, 130 S. Galena St., Aspen, CO (970)
920-5072, chrisb®ci. aspen. co.us.
s/John Bennett. Mayor
Aspen City Council
Published in The Aspen Times November 7,
1998.
NOTICE OF PROPOSED BUDGET
WHITE HORSE SPRINGS WATER
AND SANITATION DISTRICT
Notice is hereby given that a proposed budget
has been prepared by the White Horse Springs
Water and Sanitation District for the fiscal year
1999. The proposed budget will be considered
for adoption after a Public Hearing to be held at
the regular meeting of the Board of Directors of
the White Horse Springs Water and Sanitation
District on November 17. 1998, at 4:00 o'clock
p.m. at 2053 McLain Flats Road. Aspen,
Colorado. The proposed budget is open for
inspection by the interested electors during nor-
mal business hours at the offices of the under-
signed at 300 East Hyman, Aspen, Colorado. Any
interested elector may inspect the proposed
budget and file or register any objections there-
to at any time prior to the final adoption of the
budget by the Board of Directors, dated October
19, 1998.
WHITE HORSE SPRINGS WATER AND SANrrA-
nON DISTRICT
By: F Mead Metcalf, Secretary
Published in The Aspen Times November 7, 14.
1998.
PUBLIC NOTICE
Notice of Availability of Annual Report.
Pursuant to Section 6104(I) of the Internal
Revenue Code, notice is hereby given that the
annual report for the calendar year 1997 of the
FOUNDATION FOR WORLDWIDE MERCY .AND
SHARING is available at the Foundation's princi-
pal office during regular business hours at 9 a.m.
to 5 p.m. by any citizen who requests it within
180 days after the date of this publication.
The Foundation's principal office is located at
201 North Mill Street, Suite 201. Aspen, CO
81611. The principal manager of the Foundation
is Susan Krabachec i
Published in The Aspen Times November 7,
199R. `
PUBLIC NOTICE
RE 735 W. BLEEKER STREET LANDMARK DESIG-
NATION i
NOTICE IS HEREBY GIVEN that a public hearing �.
will be held on Monday, November 23, 1998 at a ,.
meeting to begin at 5:00 p.m. before the Aspen
City Council, Council Chambers City Hall, 130 S.
Galena St., Aspen, to consider an application r
omitted by Drew Dolan —t—unit -PP—-'
toy a landmark designation. The property is
located at 735 W. Bleeker. and is described as
Lots A and B. Block 18. City and Townsite of i
Aspen. For further information. contact Amy 1
Guthrie at the Aspen/Pitkin Community
Development Department, . 130 S. Galena St.,
Aspen, CO (970) 920-5096. amyg®ci. aspen. co.
US.
s/John Bennett. Mayor j
Aspen City Council t
Published in The Aspen Times November 7, jl
1998. ,
PI IRI IC NOTICE
•
•
PUBLIC NOTICE
RE: SMUGGLER HUNTER TRUST SUBDIVISION AND REZONING
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday,
November 23, 1998 at a meeting to begin at 5:00 p.m. before the Aspen City Council,
Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application
submitted by Smuggler Hunter Trust, 3937 P 10 Lane, Paonia, CO 81428, requesting
subdivision approval and rezoning of a portion of the property to Park (P). The property
is located at 2 Williams Way, and is legally described as a parcel of land situated in the
SW 1/4 of Section 7, Township 10 S, Range 84 W of the 6th P.M. For further
information, contact Chris Bendon at the Aspen/Pitkin Community Development
Department, 130 S. Galena St., Aspen, CO (970) 920-5072, chrisb@ci.aspen.co.us.
s/John Bennett. Mayor
Aspen City Council
Published in the Aspen Times on November 10, 1998
City of Aspen Account
Ispen Times a Sahara-Simdny, November loin 1998
NOTICE. TO CREDITORS with all improvements erected on the Properly, ordinances. ton, freezer, wooden box, saw, saddle, bike, 3
PUBLIC NOTICE Estate of JEFFREY LAINE ADAMS, Deceased. and all easements, fixtures and appurtenances, Section 6: mattresses, trundle bed frame and an oil paint- A
RF.BY GIVEN THAT the Board of including but not limited to all wells on the If any section, subsection, sentence, clause, ing. ./•ram
Case err ns having
ufoners, at its regular meeting All loons having claims against the above- Properly and an undivided) one -hall interest In phrase, or portion of this Ordinance Is for any Loth MANSI The Mansion, 53A South Gilbert,
, 1999, and after a duly -noticed p named estate are required to present them to that certain spring located oil the Property reason held Invalid or unconstitutional In a Iowa City, Iowa 52240. Log chAlr and sofa.
published In The Aspen Times on the personal representative or In the, District described in instruments recorded at Book 508, court of competent jurisdldlon, such pardon Lot #MESSER Mychal Messer, 21f103 West
r 999, adopted the following Court County of 19ikin, Colorado on or before Page 553 and nook 665, Page 903 in the records shall be deemed a separate, distinct and Inde- Pacific Coast Hwy, Malibu, CA 90265.1 wardrobe
51: of I'Itkht County, Colorado, also known and mum- pendent provision and shell not affect the valid- carton, 8 small cartons, 3 medium cartons, 2 4.5
March 10, 1999 or the claims may be forever
ICE OF TF1E BOARD OF COUNTY bored as 3570 Juniper F1111 Drive, Aspen, fly of the remaining portions (boreal. cartons, 3 wooden crates, gray and black suit -
barred.
IONF.RS OF PITKIN COUNTY, Colorado Rlfil 1, and also known as 2160 Juniper Section 7: case, 3 medium cartons, black table are an
RhondaJ.Adam s
WENDING ORDINANCE NO. 98-37 Hills Drive, Snowmass Village, Colorado A1615. That the City Clerk Is directed, upon the ndop glass top, 2 pioneer speakers and 3 pictures.
00d Chair Mountain 1Drive 623
A CONVEYANCE OF THE EMMA THE LIEN OF THE DEED OF TRUST BEING F(N� lion of this Ordinance, to record a copy of this Lot NSANJUA Anne San Juan, 1034 Monterey
Redstone, Colorado 81fi23
IfE TOWN OF BASALT AND THE published in The Aspen Times November 7, l4, CLOSED MAY NOT BE A FIRST LIEN. Ordinance In the office of the Pitkin County Ave. Foster City, CA 94404. 2 chest of drawers, 2
' AN INTEG ENMENTAI. THEREFORE, NOTICE IS HEREBY GIVEN that I Clerk and Recorder. patio chairs and I mirror carton.
21, 1998.
VENT C-0 NG THIS will, at 10: (IO a.m., on the date of November 25, Section 8: Lot N UNLAND James Unland, 244 S. Randall
CUNVE PUBLIC NOTICE 1998 at 10:00 AM at the south front door of the A public hearing on the Ordinance shall be held Suite 4124, Elgin, IL 60123. 8 dining room chairs,
Irdinance 51 NOTICE TO CREDITORS Pitkin County Courthouse. 506 East Main Street, on the 23rd day of November, 1998 at 5:00 In the nitestand, 2 bookcases, 2 small end tables, cot -
enacted Ordinance No. 98-37 by Estate of DONALD R. BORTHWICK. Deceased Aspen, Colorado, sell at public auction to the City Council Chambers, Aspen City Hall, Aspen fee table, small wood cabinet. Raleigh mountain
econd reading on September 9, Case No. 98 PR 39 highest and best bidder for cash, the real prop- Colorado, fifteen (15) days prior to which hear- bike, wood bookcase, desk, TV stand, ottoman,
rdinance approved various can- All persons having claims against the above- erty described above. and all Interest of the ing a public notice of the same shall be pub- sofa, loveseat, dining room table, as chair, desk,
he entry of an Intergovernmental named estate are required to present them to Grantor, and the heirs, successors and assigns fished In a newspaper of general circulation mirror, 3 wood TV stands, king bed frame, 2
h the Town of Basalt. Subsequent the personal representative or to the (District of the Grantor, for the purpose of paying the within the City of Aspen. small cartons, 4 medium cartons, 6 large
it of that Ordinance, the Town of Court at PITKIN Calmly, Colorado) (Probate Indebtedness described In the Evidence of Debt INTRODUCED, READ AND ORDERED PUBLISHED cations, 2 dish palls, table leaf, 4 mattress car-
Pitkin County that It wished to Court of the City and County of Denver, and Deed of Trust• attorneys' lees, and the as provided by law, tons, king mattress carton and a small table. + /
n terms of the Intergovernment Colorado) nit or before March r+, 1999, (it the expenses of sale, and will deliver to the put- by the City Council of the City of Aspen an the Lot #WELLER DMB Design, 103 Karland Dr.,
Ilasalt did not sign the claims may be forever barred. chaser a Certificate of Purchase, all as provided 9th day of November, 19". Atlanta, GA 30305. 4 skids from Telcor
�nlal Agreement approved by Mary Ann Mitchell by law and the terms of the Deed of Trust and John Bennett, Communications. n7
98-37. Pltkln County Is willing to P.O. Box %87 other documents evidencing the debt. Mayor Lot #Miscellaneous, Brand new Polo 3 drawer
)posed changes by the Town of Snowmass Village, Colorado 91615. Date: October 6, 1999 Attest: Kathryn S. Koch, City Clerk dresser, purple credenza, glass table top, stack-
e Intergovernmental Agreement Published in The Aspen Times November 7, 14. Thomas Carl Oken, Public Trustee, Published in The Aspen Times November 7, ing washer and dryer, painting, entertainment Of�
ich changes. 21, 199R. Millet center, tentoles. table, 4-5 carton, telescope,
County, Colorado 1998. P
full text of life Ordinance #98-51 Carol L. Foote, Deputy Public Trustee dish pak, round lamp, carton from 0711E
ar public inspection from 8:30 to PUBLIC NOTICE. First Publication Date: October 17. 1998 PUBLIC NOTICE Bloomingdales, glass table top, dish pak, king Cp
ce of the Clerk and Recorder, 530 NOTICE TO CREDITORS Last Publication Date: November 14, 199R OF A WAREHOUSEMAN'S SALE bed, large minor, 2 round side tables with glass r7117
eL Aspen, Colorado 91611 Phone: ESTATE OF RAOUL L. WILLE ATTORNEY: Flynn McKenna Wright At Karsh, Notice Is hereby given that under and pursuant tops, dresser with matching mirror, 2 piece din -
Probate No 98•1R ;•XG3 limited liability company to the statues of the State of Colorado giving Ing hutch, table, swivel chair. octagon end table, yCle
Jeanette Jones All persons having claims against the above- Attn: James T. Flynn (Reg. No. 5220) warehousemen a lien on goods deposited with 2 standing lamps with shades, round mirror, Skis d
Deputy County Clerk named estate are required h, present them to I I I South Tejon, Suite 202 them for all lawful charges and expenses In rela- glass and brass table top, queen brass head S n,
The Aspen Times November 7, Otto Louis Wille or it) the District Court of Pitkin Colorado Springs. Colorado WM3 tion to said goods and In accordance with the board, 2 crystal lamps with shades. POrtS/�
County, Colorado, on or before March 6. 19 Wa notice gg Published In Aspen
, or terms of tiiven to each al the following The ATimes October 31, t
(719) 578 8444 t�li e/
swirl claims may he forever hatred. I'ublishetl In The Aspen Tines October 17. 24. named persons, the same being the respective November 7, 1998. /tiC
RF.RY GIVEN TO THE GENERAL Otto Louis Wille, Personal Representative 31, November 7, 14, 1998. owners or person on which accounts the goods collect
c/o OATES, KNFZEVICH h GARDENSWARTZ. P.C. mentioned are held or who claim an Interest In PUBLIC NOTICE P ible,
r 9.199 Board of County Attention Richard A. Knezevich, Esq. ORDINANCE NO. 45 said goods the undersigned COLUMBINE STOR- RESOLUTION NO. 76 l Wotan
's of I ,tmty, Colorado, Attorneys for Personal Representative (SERIES OF 1998) AGE CENTER, INC. to satisfy the claims for (Series of 1998)
utlon 9 ranting approval of 5:13 East Hopkins Avenue, 3rd Floor AN ORDINANCE OF THE ASPEN CITY COUNCIL which It has a warehousemen's lien against In A RESOLUTION OF THE CITY COUNCIL OF; art
JD detailed submission and 1041 Aspen, Colorado 81611 APPROVING THE SMUGGLER HUNTER TRUST said goods will, beginning at the hour of 11:00 ASPEN, COLORADO, RELATIVE TO THE P aUCt • antlgt
For the Lazy Glen Mobile Home (970) 920-1700 SUBDIVISION AND REZONING OF LOT #2 OF a.m. on Saturday, November 7, 1998 at the TION FOR ANNEXATION OF TERRITORY TO 1orys
Is described as a parcel of land In Published in The Aspen Times November 7, 14, THE SMUGGLER HUNTER TRUST SUBDIVISION Columbine Storage Center. Inc. warehouse local- CITY OF ASPEN, COMMONLY KNOWN AS T H 7ntCd
wnship 8 South, Range 86 West of 21, 29, 1998. TO THE PARK (P) ZONE DISTRICT, ed at 411 Aspen Airport Business Center, Aspen, "CASTLE CREEK CONDOMINIUMS"; FIND b t0
pal Meridian. This approval of a 2 WILLIAMS WAY, CITY OF ASPEN, CO sell by auction for cash the following SUBSTANTIAL COMPLIANCE WITH SECTI0 US%ne8 bU'
welopment plan includes a vested PUBLIC NOTICE. AND PITKIN COUNTY, COLORADO. described goods to wit: 12-107(1), C.R.S.; ESTABLISHING A DATE, S 0
NOTICE OF PUBLIC HEARING p AND PLACE FOR A PUBLIC HEARING TO D
pursuant to Title 24, Article fiR, WHEREAS, the CommunityDevelopment men( lot N034006 Roseanne Bank, 162-21 Powells
The Aspen/I'Itkin County Housing Authority Department received an application from Cove Blvd. Apt. 6L, Beechurst, NY 11357, 20 MINE COMPLIANCE WITH SECTIONS 31-
Jeanette Jones, plans to submit an application to the State of Elizabeth Aley, sole trustee of the Smuggler small cartons, 4 flat cartons, 4 medium cartons, AND 31-12-105. C.R.S.; AUTHORIZING P $Jr
Colorado, Division of Housing (COON). CDUH p g TION OF NOTICE OF SAID HEARIN gym/
Deputy County Clerk Hunter Trust, owner, for a two lot subdivision of 3 large cartons, 8 plastic bags, 1 pair cross
The Aspen Times Nnvrmbrr 7, funds are Intended to provide decent housing, a 43,560 square loot parcel of land, parcel # country skis, 2 pair skis, 3 pictures. backgam- AUTHORIZING THE INSTITUTION OF
suitable living environments and economic /
opportunities, principally for Inv and moderate 2737-074110030, located In the Residential Multi- mom board and 1 duffel bag. PROCEDURES FOR LAND IN THE AR' pear jn a/mUm for
Family -A (RMF•A) Zone District at 2 Williams Lot #19-6799 Bertolucci, 201 Route 17N, POSED TO BE ANNEXED. caps
!RERY 61VF.N TO THE GENERAL income persons through acquisition, new coo- Way, rezoning of proposed Lot #2 of the subdivi- Ruterford, NJ 07070. 1 mirror carton and 1 dls- WHEREAS, on October 7, 1998 41t)
struction, or other related activities. h is esti- sion to the Park (P) Zone District, and Special play case with shelves. Manager on behalf of the City of
r 23,199R the Board of County mated that t6,0m,N)0 will be available statewide Review to establish the parking requirements Lot #20-6544 Marsha Boykin, P.O. Box 4258, owner of the property proposed to C'et 1/
is of Pitkin County, Colorado, for the 1998/1999 HOME Investment Partnership for proposed Lot 02; and, Aspen, CO 81612. 4 mirror cartons, 10 dish pak did file with the City Clerk of the C time 2 off on
lotion 98-184 rescinding resolution program. $11,5M.0(N) lot the 199R/1999 "Small WHEREAS, the City Council may approve cartons, 20 small cartons, 2 wardrobe cartons, 4 Petition for Annexation of territor 5 iN t T►le
granting 1041 hazard review, con- Cities" Community Development Block Grant for Subdivisions and Amendments to the Official 4.5 cartons- 3 medium cartons, 12 snow tires, 4 Aspen, whereby real property he Bail Aspen
ission and subdivision exemption CDBG eligible activities, $600,000 (or the Zone District Map (Rezoning) after taking and tires, 2 single mattress cartons, 5 pieces of glass. Exhibits "A" appended to I y ed l tlon
djustment approval to Lowell and Housing Development Grant program, and the considering recommendations from the coffee table, wood headboard and footboard, Annexation, Is being petition
n. Property is described as Lots D- Revolving Loan Fund Is capitalized at approxi- • Community Development Director, the Planning Chinese chest wood stool, wood chair, table leaf, to the City of Aspen; and �1
edslone Ranch Acres Subdivision mately 41,500,000. and Zoning Commission made at a duly noticed wicker footlocker, office chair, child's rocking WHEREAS, the Cl
Clerk of 2 rnjh/ /
)proval of a site specific develop- Thr application tieing considered would public hearing, and taking and considering pub- chair, child's chair, brass headboard, nitestand, has referred the aforesaid pe Center Lm for C�q y
ludes a vested property right put- request t400.(M for the Aspen Country Inn. It Is lic testimony at a duly noticed public hearing In bookcase, and brie( case. nication to the City Court fpr ed he 1$ N,
T t, �Arti, 1,• OR. ITS estimated that approximately 70'% of the funds conformance with the review criteria set forth In Lot #13-0798 Will Howard, 7327 Draper, La Jolla, action to determine it the pe ektra b ad/ng 1 �rd5, 6
.iemu•Ite .loner, would hemrfll Inv and moderate income per- G•ctlons 2GAR and 2f,.(.12; and, CA 92037. 27 cartons, wood bnx, 2 duffel bags, 9 ly In compliance with Sect O/d WOr dr9i'r o
Deputy County Clerk s"°` I',•nn:wcni hwolunlary dlsplareno•ni of WIIEMEAS, the Clly Engho•er, Parks pair nl skis, ski poles, mop, dresser, 2 mirror car- and d9 C print,
be Aspeu'1 times November 7, I!)!)R. 111'ISn11t „r h11'Ir1eSSPS i$ Intl ant It, ipiteol Simon Department, and Community Development tons. 2 tables and 2 desks. WHEREAS, the petition, r/egd ce
It later brcumo• necessary to consider such rlis- vepartrncnf ilIview(•d the proposal and rec•om- Lot #29.6552 Karen Kincaid, c/o Gweneth Ing copies of an anne Inert: aY at h
ICI 111LIC NO11('F. placement, allrnutdivrs will be examined to min- mended approval with conditions; and Campbell, 12414 Barry Knoll, Houston, TX reviewed by the City Ail r g/aC Jrpr11,
;P. No) I1Ct;: That the Huard of hnDo The displa(rnm•n1 If not leasiblr alterna- WHEREAS, during a duly noticed public hearing 77024. <;alf bag, metal bed and rolls, mirror, 2 art City Engineer and (ounq her'. /s cOU77t a I
unn�ino.ns of Pitkin County, lives exist. required/reasonable benefits will be on November 3, 1998, the Planning and Zoning cartons, wood mirror, small art carton, picture, Information prescribed Masse 0$,56O t0 ►yh1Ch 5w6cke
is rc,!oko no -cling on October 28, provided do those displaced to mitigate adverse Commission took and considered public lesti- fan, 2 wardrobe cartons, 4.5 carton, ski bag, 2 graphs (c) and (d) of if 44
rc. rn/ the
era ,IulNnoticed public hearing, effects and hardships. Any low and moderate many and recommended by a_ to_vote the small cartons, 3 plastic bags, large suitcase, 31-12-107, C.R.S.; and r ys 0f 4 d Or ho n/merry C ad
pilaw im; Resolution Income housing which is demolished or col City Council approve the Smuggler Hunter Trust small suitcase, purple bag, boom box, trash can, WHEREAS, one hunt d Can Use Ch har9t
ON i )f I i IF ROARD OF COUNTY veiled will be• replaced Subdivision and Rezone Lot #2 of said 7 small cartons, French desk, china hutch, desk, owners of the affect �1/ati �r9e$
SIONFRS OF PI I KIN COUNTY'. A public hearing will be held at 5: 15 p m. on Subdivision to the Park (P) Zone District, with large dresser, large 3 drawer dresser, 4.5 carton, to annexation of t Dn 41e �a
AUTHORIZING THE BOARD TO Wednesday. November 1R, 1998, at Sister Cities the conditions recommended by the Community shelves, RCA TV, small bench, small wood chair, Aspen; and fleas
10 AN INTER -GOVERNMENTAL Meet Room, City Hall, 130 South Galena, Aspen, Development Department. as chair, 2 plastic garbage bags, white sofa, foot- WHEREAS, Sectior error e Check
WITII TIIE TOWN OF BASALT FOR Colorado. du obtain citizen views and responses NOW, THEREFORE, BE IT ORDAINED BY THE board and side rails for bed, wicker chair, wick- dates that the Cltl re the A5 YoUr ad C
IE OF PERFORMING ELECTRICAL, to the proposed CDOH application for commu• CITY COUNCIL OF THE CITY OF ASPEN, COL• er table, 3 lamps, plastic bag and mattress and Proceedings In al ct inner pery rl Car"1 l�/�R
IJAIIBNG, MECHANICAL filly development and housing needs, including pRA1H) as lolows box spring. 108 to 31.12-11 t t' n7 (//1
ub Ic DNINSPECTIONS
in The sons, fineeds for
to other an nerds in to income munt r. That the Smuggler Hunter Trust Subdivision and Lot 029-6567 Maureen King, 431 Olympia Way, filed pursuant tf )-' 7ne W �k• WC are n K/I! not � the )1
Hearing I Rezone Lot N2 of said Subdivision to the Park (P) Great Falls, VA 22066. 24 small cartons. 2 plastic tp aft of r SSO
:fin October If,, 199R. that might be arldrrssed through the (:IX)H pro- Zane District Is approved, subject to the follow- waste caskets, baby cart seal, planter, wood col- NOW, THER the A puppe (`r tej, espon5/ )7)C
Cull text of the Resolution are avail- grams. Ing conditions: fee table, wood trunk, garden hose, 3 plastic CITY COUNC� Piro ''`pen 7 r/J' C/dg5 , n7/pat(0 6/C f�
Inspection during regular office Written comments are also welcome and must Section 1: toys and a picture. ORADO: fie; me5 o n h
[lice of the Clerk and Recorder, 530 be received lLv Monday. November 16. 1998. at The Ullicial Znne Uisirict Map of the City of Lot N23-6936 Allen lxeds, PO.Box 11091, Section 1 r9�0� 9?r 31Q p edit, ray the
pen, Colorado 81611. Phone: (970) 530 East Main, Lower Level. Aspen, Colorado. All Aspen shall be amended to reflect the rezoning Aspen, CO 81611. 8 medium cartons, 2 4.5 car- That the P J'.341, 5t A'tai Se or
comments will be considered In deciding of Lot N2 of the Smuggler Hunter Trust tons, 3 large cartons, 27 small cartons, 1 dish the Clty Faxf n tee
Jeanette Jones, whether to submit an application for the pro- Subdivision to the Park (P) Zone District. The pak, round tube, basket, small round tubes, 1 mined to ry�/ (9Tp� 9�5 t
Deputy County Clerk Posed project. Written summary Information Community Development Director shall use the pair MBX skis, 4 chairs, suitcase, 3 file cabinets, I rovislo j_ E
Pie Aspen Times on November 7, and copies of the application submitted to final plat as the basis far determining this zoning 4 tires, bird lender and Zenith TV. 107, C.R. O /a
CDOH will be available at 530 East Main. lower boundary. Lot #0"922 MRH Design. 1439 Crystal Lake fiO �f �wN�wNN
Level, Aspen, Colorado, from Navembrr 9, 1998 Section 2: Ave. Aspen, CO 81611. Tile cabinet and tiles. That tr
PUBLIC NOTICE, until Friday, November 13, 1999. Advance notice The Smuggler Hunter Trust Subdivision Is here- Lot 024-6939 Nassau Asset, 4 Expressway plaza shall Fl
NOTICE: That the Board of County Is requested. 11 special accommodations are by approved, subject to the following condi- 0100, Roslyn Heights, NY 11577. Tektronix Dr° S AC
's of Pit aunty, Colorado, at ifs needed, please notify us, so that appropriate 12.101 ry RE E
, on I4, 199R, and after a aids can he oracle available bons. Phased 4R0 Color Printer. wh @ar SOT
g 1. Prior to final approval by City Council, a park Lot #306965 Rhlannon Thomas, 1050 B. Waters Pan
lyOab•
oblic lapsed the follow- By: David rectorTolen, easement NI outh 1 Williamsed for Wayand notedportion
on the err, mall cooler. r.l21small1. l cartons. 2 plastict um mini of
speclact l Breor 17 aWilt V we), —NN
Executive Director
)N OF THE BOARD OF COUNTY As n/Pitkin Coot Housing Office re h° Ulat r
Aspen/Pitkin Y R plat. The easement shall he approved by the blinds and a small metal locker. (JS@ w °ck °k@r
IIONERS OF PITKIN COUNTY, 970-920.55R2 City Attorney prior i, recordation. Lot #25-6705 Kathy Walien, 56-980 Merion, La '$Sa o 1 dnV, Weir ry- Vie C° 0iD
)RADO, APPROVING THE Published in The Aspen Times November 7, 2. Prior to final approval by City Council, the Quinta. CA 92253. 15 minor cartons, 5 small car- 00.92 ay a 9hts, Iy QU;
YRAR RANCH SUBDIVISION/PUD 1999. final plat shall be reviewed and approved by the tons, 15 large cartons, 13 dish paks, I wardrobe At,q 2S s )57 y, S@tic ell Wet,
PUAL @% ^
ARET KERION, 1041 AN) EMPLOYEE HAZARD NOTICE OF PUBLIC TRUSTEE'S SALE �t N�nlgin elect c easement
equipment s eatswhihpr curl cool carton, l r, rota, arge , h d board. d tableblar a rugoard , Valley. kq t J� (/'/4 6 4S systern,D rQ
DWELLING UNITS Sale- No. 99IRY P• B B.
TO WHOM I'r MAY CONCERN: This Notice is lit the Spruce Street R.O.W. Existing parking small baby bed, arm chair, wicker baby stroller, for e rekniArrn CRES i p)f
is Hearing published in The Aspen given with regard to the following described spaof Trust: ces for Lot #1 shall be depicted on the final bar is car et, rd to small wicker basket,
floor ampl r Worth' n7i/ O�@nhoU3@nV@st Ian
Deed ember 12, 1918. Copies of life gull g R
solution are available for pubic Or ginal Grantor of Deed 3. Prior to final approval by City Council, the bird stand, 2 rugs, table, wheel barrow, file caby CO �' 925. j8S''$20Q OEff@et tO and IV, eea(,
ll
ring regular office hours in the applicant shall complete and record a sidewalk, net, file cabinet, trunk, 2 chairs, of rack ant 16 3s, 00, nl
Jerk and Recorder, 530 E. Main St., of Trust (Borrower): Michael P. Sloan apP I p 12 P� SU ak@
do Rlfil1. Photr: (970) 920-51R0. Original Beneficiary of curb, and goiter construction agreement. United States Picture frame. I , O(/ eOx , M it Wolf
Jeanette Junes, Deed of Trust: Merrill Lynch Credit Corporation 4. Prior to final approval by City Council, the Lot 00466,57 Patty Whitney, 1030 Vine Strei FiA RAJ 0 t5%7t AS 92S. t
Deputy County Cloak Curren) Owner al the applicant shall complete and record an agree- Aspen, CO 81611. Entertainment Center, 4 e/i t 1 tC/ t Hor CCtC psn' nC�dt
Evidence of Debt secured by meat to Join any futtotrr Improvement dlstrcos and Chair Lllt. mate /ton AAQfUr1f� bt@)
The Aspen Times November 1, the Deed of Trust: Merrill Lynch Bank and Trust for the purpose of constructing improvements Lot N14.6S93 Barry Yakur, 8206 Hen! 3Sacre, /Ory9 9ro f0 h°ri `S NF S Y' lbr/
RDate of Deed of ecording Date of
June 21, 1995 formula.ich
the property under an assessment 4.5 Hunting Woods,
ski blagsb2 plastic c70.2 ddrobe cartebags, high, Own@rfih� Welf po(Nn9 se wiew.. ZEST f1 S ft ' gas
PUBLIC NOTICE g Ieile anc/ ern n, m1/d her/
RT, PITKIN COUNTY, COLORADO Deed of Trust: June 27, 1995 5 The applicant shall coordinate the placement stroller, crib and mattress, baby sled, 2 erlies n9• V% phOn@ S@Cl(/d "9,,,, de-
iC276, DIV. _ County of Recording: Pitkin of street trees with the City Forester to meet the hutch, 22 ski poles, fire place tools. wooii ti@s / 90sas d(I@ 9 $103 ed , CO i�f?r
PUBLICATION AND CHANGE OF Reception No. of street tree requirement of Subdivision. rack, painting basket. steel coat rack, tab' nc. (t Pnn (7017 00p great' nVe
S7,0/2 9S,ne 3t, / t M nit
Recorded tired of Trust 382595 6. Prod to redevelopment of either Lot, the stand, rug, single frame, box springs OP S,� 6 t t/6. t fan S705 cont o(�nta;n
'ER OF THE PETITION FOR THE Book and Page of Recorded Deed of Trust: owner shall submit a drainage report and a tress pad. folio, 3S /1es 4Q,45 d PrO 731.Ct C
CAME OF: Bank No. 7PA Page No. 673 drainage plan, including a erosion control plan, Lot #BLANCO Alvaro Bianco, P.O. Bir est Witt)acres . `S/%ItQ CC) P• irnthja
UER BL�ARING, Petitioner. own YOU
of HEREBY an Evidence of NOTIFIED
Debt. datedthe Juneegal 21, which he-ed by a maintains+lorado se limentensed Civil and debrisnon site andoemela I plastic City.
bagGuatemala, S.A. 2 d hn9@Cent
n tCa o, erene O/oy J III press e02�/ @�ai/
avtng d considered the 1995, In the original principal amount of during and after construction. II a ground Lot NMALUO Jo Mallard, P.O. Box Pa one. $ntraf IWVi@Ws tW 9r0WtipOrt, (43
range oll� and the petitioner's f 1.075.000 011, which is secured by the Ned of recharge system is rrqulred, a soil percolation CO 81625, 63 small cartons, 10 mod 9osa 126 W. O rn for, 46CC
I the Court being sufficiently Trust described above. has filed written election report will be required to correctly size the facil- 9 large cartons• white carton, 3 r ties
Vickie 00/ @steal °Untair, %
and demand for sale as provided in the Deed of Ity. A two-year storm frequency should be used small yellow case, 4 white patio @s, /17C 90sa (9j rn)S p°Wee
ie allegations made in said petition Trust. The outstanding principal balance (exclu- in designing any drainage improvements, wooden chair, black bulls head, h (10/2G�n�•n 0) %3 t lear
atisfy all statutory requirements; sive of Interest and any other charges properly Section 3: white container, green tackle 71/ @l ( 1-SJ
)IJRT FURTHER FINDS: That the allowable under the documents evidencing the The City Parks Department shall pay all land use boxes. 4 green plastic container S 44-4 and Pr 05.
e• of name is proper and not dtrtri- debt) clue and owing upon the Evidence ai Debt re% iew• fees due ou the Community Development containers, 3 green hoses, 2 DI Soh PCF and roper. S
art(, elte el m" other peer son ceyon d le. nc� .rh,•+e,ne-e.'INed I`tv.I r! T""t flep.virne•nt in asse(tatiem with this irplicallon er block, wooden chair, dish, d 0 C^1Se►� `tl/
cCF" t an •n •r r„ I small cabinet. S drawer dyes ! Vr h
6 I.� of fir
r,.�a .., .. ell �L ., Ih.pni, hp. 1.+,•, h. rn. ..noon,,. , c,.. ,, ,,. e. Lr•h ppi d.i•, r,..,. inl n rinrnmeMariro, rhair . •.u.wr'chair. ire. 7rS( t'o u.
Ie
mis T his Publication Is to he made arml '20, Township 9 South, Range R5 West of the presented before file Planning and Zoning Inets, 4 yellow chairs, dry
lays of sloe date of this Order. Proper Sixth Principal Meridian, Pitkin County, Commission or Cltv Council, are herebyIncor- table, trend mill, to chest, x* ad With let bS ni
a@ Wa
ihlication shall be [tied with the Clerk Colorado Said parcel is more fully described as porated in such plan development approvals bench, 2 grey metal racks. c+ yOUr Con) ana
't upon final Publication folio%% and the same sbe-
hall complied with as it fully blue garbage can, wardrobe, kill. y
pan p•oo( of puhii:atiou being lileA licpnmh,� at a point hem whence the Southeast set froth herein unle•os amended by other spe- RRQ. green garbage can, log spliltrr, lU ar
let of the Court, the name of Sandia corner of said Section 19 beats South 26 .55 2S' cific conditions bike. 3 animal cages, ladder• extertman ladder, a `
ring will he (hanged to Sandra Fuller East. 499.72 feet: thence North 25 07'34" West, Section 5: plastic chair, cedar chest, painting of horses, the City L..-
i15/9R 98627 feet; thence North 12"10'0f+- West, 651.48 This Ordinance shall not effect any existing 1111- green as chair, bed frame, bed slats, headboard at a meeting hela
Fitzhugh Scold III' County Judge feet; thence Fast. 741.00 feet; thence South gation and shall not operate as am abatement a( and footboard, green Its couch, picture, 2 lawn hereinabove stated.
•Inick.Clerk f10 (1'2'41' West, 45:5 94 Ire•C thence Fast, 7R7 17 any action or proceeding now pearling under or chairs, ing kennel, 2 wardrobe tartans withKathryn S. Koch, City Clerk
in The Aspen Times October 24, 13. feel: lhe•nce SnuUn, by virtue of the ordinances repealed or amend- garage controls, lawnmower, green cooler, 2 Published In the Aspen Times Geld
7 t(t9R p 9i1 50 feel: Ihrnce South R8":19'00" West, ed as herein provided. and the same shall be shelves, pot, cat kennel, wicker basket, plastic November 7, 14. 1998.
1 of 1.15 feel to file 1•nini of Beginning. totether ((inducted and concluded under such prior planters, metal stove, rusted weights, red car-
01
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�Gul�'U�v►�,t •� ��41 � Qv�br�� �t
MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Julie Ann Woods, Interim Community Development Director
FROM: Christopher Bendon, Planner i
RE: Smuggler Hunter Trust -- 2 Williams Way
Subdivision, Rezoning, and Special Review
Public Hearing -- (continued from October 20, 1998)
DATE: November 3, 1998
SUMMARY:
The applicant, Smuggler Hunter Trust represented by Maxwell Aley, is proposing
a Subdivision and Rezoning of his property located at 2 Williams Way. The
property is currently a 43,560 square foot tract within the RMF-A Zone District.
The applicant has entered into an agreement with the City of Aspen to convey Lot
#2 of the Subdivision to the City for the purpose of providing a municipal park.
The proposed Subdivision boundary has been designed to preserve the
conforming status of Lot #1. There is a minimum lot size of 27,001 square feet in
the RMF-A Zone District which prescribes this line.
The remaining parcel, Lot #2, is less than this minimum lot size and requires
rezoning to remain a conforming parcel. The Park Zone District is the most
compatible with the expected land use of the property.
Parking requirements for the Park Zone are established through the Special
Review process. The Parks Department has no immediate plans to develop this
park but does expect to provide no more than four parking spaces.
Staff recommends the Planning and Zoning Commission approve the Special
Review for Parking and pass forward a recommendation of approval to City
Council for this Subdivision and Rezoning, with conditions.
APPLICANT:
Smuggler Hunter Trust, owner.
Represented by Maxwell Aley.
LOCATION:
2 Williams Way.
•
•
ZONING:
Existing:
Proposed:
LOT SIZE:
Residential Multi -Family -A (RMF-A)
Lot 2 of the subdivision is proposed for Park (P) Zoning
Existing:
Proposed residential lot:
Proposed park lot sizes:
LOT AREA & FAR:
1.00 acre. 43,560 square feet.
27,001 square feet.
16,559 square feet.
Lot area for the residential parcel is reduced by the 5,500 square foot portion of
the property within the Williams Way R.O.W.
The Allowable Floor Area depends upon the Lot Area and the use.
Lot Area: Proposed 21,501 Existing 38.060
FAR: Single -Family: 4,345 square feet. 5,173 square feet.
Duplex: 4,745 square feet. 5,573 square feet.
Multi -Family: 7,740 square feet. 13,700 square feet.
CURRENT LAND USE:
Residential with an open space easement encumbering the southern portion of the
parcel.
PROPOSED LAND USE:
Residential for the portion of the parcel north of Williams Way. Park for lands
south of Williams Way.
PREVIOUS ACTION:
The Commission has not previously considered this application.
REVIEW PROCEDURE:
Subdivision & Rezoning. The Planning and Zoning Commission shall consider the
application at a hearing and recommend approval, approval with conditions, or
denial to City Council.
Special Review for Parking. The Planning and Zoning Commission may approve,
approve with conditions, or deny a Special Review at a public meeting.
BACKGROUND:
The portion of this property south of Williams Way is currently deed restricted to
open space uses and passive recreation with no development opportunities. This
restriction was placed on the property by the County in a land -swap arrangement
with the owner. The City has entered into a contract to purchase the southern
2
parcel and a surface easement for the remaining land south of Williams Way for
the purpose of providing a public park.
The subdivision will allow the transfer of the park parcel to the City. The
rezoning is necessary because the minimum lot size in the RMF-A Zone District
is 27,001 square feet. The City's contract is contingent upon subdivision and
rezoning approval.
STAFF COMMENTS:
Review criteria and Staff Findings have been included as Exhibit "A." Agency
referral comments have been included as Exhibit `B." The application has been
included as Exhibit "C."
Staff has included conditions requiring certain actions before final approval by
City Council. This is different than most conditions that the P&Z reviews. The
purpose is to allow City Council to approve the Ordinance, final plat, and contract
all at once with all issues being resolved.
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission pass forward a
recommendation of approval for this Subdivision and Rezoning and approve the
Special Review for Parking, with the following conditions.
1. Prior to final approval by City Council, a park easement shall be recorded for the portion of
Lot #1 south of Williams Way and noted on the plat. The easement shall be approved by the
City Attorney prior to recordation.
2. Prior to final approval by City Council, the final plat shall be reviewed and approved by the
City Engineer. An easement shall be provided on Lot #1 for electric equipment which is
currently in the Spruce Street R.O.W. Existing parking spaces for Lot #1 shall be depicted
on the final plat.
Prior to final approval by City Council, the applicant shall complete and record a sidewalk,
curb, and gutter construction agreement.
4. Prior to final approval by City Council, the applicant shall complete and record an agreement
to join any future improvement districts for the purpose of constructing improvements which
benefit the property under an assessment formula.
5. The applicant shall coordinate the placement of street trees with the City Forester to meet the
street tree requirement of Subdivision. /1 �,� 14
6. Prior to redevelopment of either Lot, the owner/hall submit a drainage report and a drainage
plan, including a erosion control plan, prepared by a Colorado licensed Civil Engineer which
maintains sediment and debris on -site during and after construction. If a ground recharge
system is required, a soil percolation report will be required to correctly size the facility. A
two year storm frequency should be used in designing any drainage improvements.
3
.7
•
7. No more than four (4) parking spaces may be provided along Spruce Street for Lot #2. The
spaces shall be signed for two hour maximum parking.
8. All material representations made by the applicant in the application and during public
meetings with the Planning and Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other conditions.
RECOMMENDED MOTION:
"I move to approve this Special Review for Parking and recommend City Council
Zv approve the Smuggler Hunter Trust Subdivision, 2 Williams Way, and Rezoning
l� of proposed Lot #2 of the Subdivision, with the conditions outlined in the
Community Development Department memo dated November 3, 1998."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- Referral Agency Comments
Exhibit C -- Application
4
,7
1]
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING CITY COUNCIL APPROVE THE SMUGGLER HUNTER
TRUST SUBDIVISION AND REZONING OF LOT #2 OF THE SMUGGLER
HUNTER TRUST SUBDIVISION TO THE PARK (P) ZONE DISTRICT AND
APPROVING SPECIAL REVIEW TO ESTABLISH PARKING
REQUIREMENTS FOR LOT #2 OF THE SMUGGLER HUNTER TRUST
SUBDIVISION, 2 WILLIAMS WAY, CITY OF ASPEN.
PARCEL NO.2737-074-00-030
Resolution #98 -
WHEREAS, the Community Development Department received an application
from Elizabeth Aley, sole trustee of the Smuggler Hunter Trust, owner, for a two lot
subdivision of a 43,560 square foot parcel of land located in the Residential Multi -
Family -A (RMF-A) Zone District at 2 Willaims Way, rezoning of proposed Lot #2 of the
subdivision to the Park (P) Zone District, and Special Review to establish the parking
requirements for proposed Lot #2; and,
WHEREAS, the Planning and Zoning Commission may approve Special
Reviews in conformance with the review criteria set forth in Section 26.64; and,
WHEREAS, the City Council may approve Subdivisions and Amendments to the
Official Zone District Map (Rezoning) after taking and considering recommendations
from the Community Development Director, the Planning and Zoning Commission made
at a duly noticed public hearing, and taking and considering public testimony at a duly
noticed public hearing in conformance with the review criteria set forth in Sections 26.88
and 26.92; and,
WHEREAS, the City Engineer, Parks Department, and Community Development
Department reviewed the proposal and recommended approval with conditions; and
WHEREAS, during a duly noticed public hearing on November 3, 1998, the
Planning and Zoning Commission took and considered public testimony and approved by
a _ to _ vote the Special Review establishing the parking requirements for Lot #2 of
the proposed subdivision and recommended City Council approve the Smuggler Hunter
Trust Subdivision and Rezone Lot 42 of said Subdivision to the Park (P) Zone District,
with the conditions recommended by the Community Development Department.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Special Review to Establish the parking requirements for Lot #2 of the
Subdivision is approved and the City Council should approve the Smuggler Hunter Trust
Subdivision and Rezone Lot #2 of said Subdivision to the Park (P) Zone District, with the
following conditions:
Prior to final approval by City Council, a park easement shall be recorded for the portion of
Lot #1 south of Williams Way and noted on the plat. The easement shall be approved by the
City Attorney prior to recordation.
2. Prior to final approval by City Council, the final plat shall be reviewed and approved by the
City Engineer. An easement shall be provided on Lot #1 for electric equipment which is
currently in the Spruce Street R.O.W. Existing parking spaces for Lot #1 shall be depicted
on the final plat.
Prior to final approval by City Council, the applicant shall complete and record a sidewalk,
curb, and gutter construction agreement.
4. Prior to final approval by City Council, the applicant shall -complete and record an agreement
to join any future improvement districts for the purpose of constructing improvements which
benefit the property under an assessment formula.
5. The applicant shall coordinate the placement of street trees with the City Forester to meet the
street tree requirement of Subdivision. + tk
6. Prior to redevelopment of either Lot, the ownerfs/d submit a drainage report and a drainage
plan, including a erosion control plan, prepared by a Colorado licensed Civil Engineer which
maintains sediment and debris on -site during and after construction. If a ground recharge
system is required, a soil percolation report will be required to correctly size the facility. A
two year storm frequency should be used in designing any drainage improvements.
7. No more than four (4) parking spaces may be provided along Spruce Street for Lot #2. The
spaces shall be signed for two hour maximum parking.
8. All material representations made by the applicant in the application and during public
meetings with the Planning and Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other conditions.
APPROVED by the Commission at its regular meeting on November 3, 1998.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
Sara Garton, Chair
EXHIBIT A
Staff Comments: Subdivision
A development application for subdivision review shall comply with the following standards and
requirements:
General Requirements.
a. The proposed subdivision shall be consistent with the Aspen Area
Comprehensive Plan.
Staff Finding_
The proposed subdivision will allow the City to purchase a property in a high density
residential area and provide a public park. This specific location was not considered
during the 1993 AACP. However, the property near Gibson and Lone Pine (Mocklin
Subdivision) was considered in `93 for a semi -active park.
b. The proposed subdivision shall be consistent with the character of existing land
uses in the area.
Staff Finding_
The area is typified by high density residential development. Hunter Creek
Condominiums are to the West with Centennial Condominiums to the East. The
subdivision will allow the sale of the open space parcel to the City for the future
development of a small neighborhood park. This proposed land use is compatible with
the surrounding neighborhood character.
C. The proposed subdivision shall not adversely affect the future development of
surrounding areas.
Staff Finding:
The surrounding area is essentially built -out.
parcel will be lower with the smaller lot size.
Potential development of the fathering
However, this smaller parcel will remain
zoned for high density residential with much higher density than is currently developed
on the site.
d. The proposed subdivision shall be in compliance with all applicable
requirements of this title.
Staff Finding:
The proposed subdivision will create a lot smaller than the minimum required for the
RMF-A Zone District. The applicant is proposing to rezone the smaller Lot #2 to Park.
2. Suitability of land for subdivision.
a. Land suitability. The proposed subdivision shall not be located on land
unsuitable for development because of flooding, drainage, rock or soil creep,
Staff Comments page 1
mudflow, rockslide, avalanch or snowslide, steep topography, or any other
natural hazard or other condition that will be harmful to the health, safety, or
welfare of the residents in the proposed subdivision.
Staff Finding
There are no environmental constraints which affect this property.
b. Spatial pattern efficient. The proposed subdivision shall not be designed to
create spatial patterns that cause inefficiencies, duplication or premature
extension of public facilities and unnecessary public costs.
This subdivision will not create any inefficiencies for the City. The public costs are the
purchase of the property and easement to create the park and any capital improvements
which follow in the development of the park. These costs have been analyzed by the City
Parks Department and will be dependent upon approval by City Council.
Improvements.
a. Required improvements. The following shall be provided for the proposed
subdivision.
1. Permanent survey monuments, range points, and lot pins.
2. Paved streets, not exceeding the requirements for paving and
improvements of a collector street.
3. Curbs, gutters, and sidewalks.
4. Paved alleys.
5. Traffic -control signs, signals, or devices.
6. Street lights.
7. Street name signs.
8. Street trees or landscaping.
9. Water lines and fire hydrants.
10. Sanitary sewer lines.
H. Storm drainage improvements and storm sewers.
12. Bridges and culverts.
13. Electrical lines.
14. Telephone lines.
15. Natural gas lines.
16. Cable television lines.
b. Approved plans. Construction shall not commence until on any of the
improvements required by this Section 26.88.040(C)(3)(a) until a plan, profile,
and specifications have been received and approved by the City Engineer and,
when appropriate, the relevant utility company.
C. Oversize Utilities. In the event oversized utilities are required as a part of the
improvements, arrangements for reimbursement shall be made whereby the
subdivider shall be allowed to recover the cost of the utilities that have been
provided beyond the needs of the subdivision.
Staff Finding
Staff Comments page 2
Most of these standards do not apply to this parcel because it is being subdivided for the
purpose of conveying a park parcel. The City Engineer will require the placement of
corners (for surveying) and curbs and gutters, especially if parking is provided.
4. Design Standards. The following design standards shall be required for all
subdivisions.
a. Street and related improvements. The following standards shall apply to
streets regardless of type or size, unless the street has been improved with
paving, curb, gutter, and sidewalk.
1. Conform to plan for street extension.
2. Right-of-way dedication.
3. Right-of-way width.
4. Half -street dedications.
5.
Street ends at subdivision.
6.
Cul-de-sacs.
7.
Dead-end streets.
8.
Centerline offset.
9.
Reverse curves.
10.
Changes in street grade.
11.
Alleys.
12.
Intersections.
13.
Intersection grade.
14.
Curb return radii.
15.
Turn by-passes and turn lanes.
16.
Street names and numbers.
17. Installation of curb, gutter sidewalks, or driveways. No finish paving,
curb, gutter, sidewalk, or driveways shall be constructed until one year
after the installation of all subsurface utilities and improvements.
18. Sidewalks. Sidewalks shall be eight (8) feet wide in the Commercial
Core (CC), Commercial (C1), Neighborhood Commercial (NC), and
Commercial Lodge (CL) Zone Districts and five (5) feet wide in all
other zone districts where sidewalks are required. Consideration shall
be given to existing and proposed landscaping when establishing
sidewalk locations.
19. City specifications for streets.
20. Range point monuments.
21. Street name signs.
22. Traffic control signs.
23. Street lights.
24. Street tree. One street tree of three-inch caliper for deciduous trees
measured at the top of the ball or root system, or a minimum of six-foot
height for conifers, shall be provided in a subdivision in residential zone
districts for each lot of seventy (70) foot frontage or less, and at least
two (2) such trees shall be provided for every lot in excess of seventy
(70) feet frontage. Corner lots shall require at least one tree for each
street. Trees shall be placed so as not to block sight distances at
driveways or corners. The City Parks and Recreation Department shall
Staff Comments page 3
•
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furnish a list of acceptable trees. Trees, foliage, and landscaping shall
be provided in subdivisions in all other zone districts in the City in
accordance with the adopted street landscaping plan.
b. Easements.
1.
Utility easements.
2.
"T" intersections and cul-de-sacs. Easements twenty (20) feet in width
shall be provided in "T" intersections and cul-de-sacs for the
continuation of utilities or drainage improvements, if necessary.
3.
Potable water and sewer easements.
4.
Planned utility or drainage system.
5.
Irrigation ditch, channel natural creek.
6.
Fire lanes and emergency access easements.
7.
Planned street or transit alignment.
8.
Planned trail system.
C. Lots and blocks.
1.
General.
2.
Side lot lines.
3.
Reversed corner lot and through lots.
4.
Front and street.
5.
State Highway 82.
6.
Block lengths.
7.
Compatibility.
8.
Mid -Block pedestrian walkways.
d. Survey Monuments.
1. Location.
2. C.R.S. 1972 38-51-101.
3. Range points and boxes.
e. Utilities.
1.
Potable waterline and appurtenances.
2.
Size of waterlines.
3.
Fire hydrants.
4.
Sanitary sewer.
5.
Underground utilities.
6.
Other utilities.
7.
Utilities stubbed out.
f. Storm Drainage
I . Drainage plan.
2. Detention storage.
3. Maintain historical drainage flow.
4. Calculations and quantities of flow.
g. Flood hazard areas.
Staff Comments page 4
•
1. The proposed subdivision design shall be consistent with the need to
minimize flood damage to public utilities and facilities such as sewer,
gas, electricity, and potable water systems.
2. Base flood elevation data shall be provided for any proposed subdivision
of at least fifty (50) lot or five (5) acres, whichever is less.
h. The design and location of any proposed structure, building envelope, road,
driveway, trail, or other similar development is compatible with significant
natural or scenic features of the site.
i. Variations of design standards. Variations from the provisions of this section,
"Design Standards," may be granted by special review as provided for in
Chapter 26.64.
Staff Finding;
a. Because this Subdivision is not creating any new streets, most of these design
standards do not apply. The City Engineer is requiring this installation of sidewalks,
curbs, and gutters. The Parks Department will be landscaping the "park" parcel in a
compatible manner. Both parcels are required to provide trees along Spruce Street
and Williams Way. Due to the density of trees on the residential parcel, the owner
will need to work with the Parks Department to determine appropriate locations for
these trees.
b. The City Engineer is requiring a new easement for a electric transformer which is
currently located within the Spruce Street R.O.W. .
c. This standards applies to Subdivisions where several lots are being created within
blocks and does not apply to this subdivision.
d. The City Engineer is requiring the placement of additional survey monuments.
e. The City Engineer has not requested any additional utilities to be installed.
E The City Engineer has requested a drainage report at the time of development of each
parcel.
g. This parcel is not within a flood hazard area.
h. There are no new structures proposed for either parcel.
I. No variations to these standards are being requested.
5. Affordable housing. A subdivision which is comprised of replacement dwelling units
shall be required to provide affordable housing in compliance with the requirements of
Title 20, Replacement Housing Program. A subdivision which is comprised of new
dwelling units shall be required to provide affordable housing in compliance with the
requirements of Chapter 26.100, Growth Management Quota System.
Staff Finding=
Does not apply. There are no new residential units being created.
6. School land dedication standards.
C. Dedication Schedule.
Land Dedication. School land dedications shall be assessed according to
the following schedule:
Staff Comments page 5
Unit Type
Land Dedication Standard
Dormitory
.0000 acres (0 sq, ft.)
Studio/One bedroom
.0012 acres (52 sq. ft.)
Two bedroom
.0095 acres (416 sq. ft.)
Three bedroom
.0162 acres (707 sq. ft.)
Four bedroom
.0248 acres (1081 sq. ft.)
Five bedroom
.0284 acres (1236 sq. ft.)
2. Cash -in -lieu payment. An applicant may make a cash payment in -lieu
of dedicating land to the City, or make a cash payment in combination
with a land dedication, to comply with the standards of this section.
Because of he high cost of subdivided land in the City of Aspen, the
School District and Aspen have decided to require payment of a cash -in -
lieu amount which is less than the full market value of the land area.
The formula to determine the amount of cash -in -lieu payment for each
residential dwelling unit is as follows:
Market value of land x applicable land dedication standard x 0.33 = cash payment.
Payment of cash -in -lieu of a land dedication shall be made to the City prior to and on a
proportional basis to the issuance of any building permits for the residential dwellings.
Staff Finding:
There are no additional residential units proposed for either parcel. This standard does
not apply.
Staff Comments: Rezoning
Section 26.92.020, Standards Applicable to Rezoning
In reviewing an amendment to the official zone district map, the City Council and the
Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of
this title.
Staff Finding
The rezoning of the southern property is necessary to allow the creation of a lot which
conforms with the City's zoning requirements. The Park (P) Zone District will more
closely follow the uses that this property is intended for.
Staff Comments page 6
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B. Whether the proposed amendment is consistent with all elements of the Aspen
Area Comprehensive Plan.
Staff Finding:
The AACP does not refer to this parcel specifically. A park for passive and semi -active
recreation at this location, however, would serve a large population.
C. Whether the proposed amendment is compatible with surrounding zone districts
and land uses, considering existing land use and neighborhood characteristics.
Staff Finding;.
The surrounding land uses are generally high density residential. A passive and semi -
active park at this location would serve a large population. The proposed land use is
compatible with the surrounding land uses.
D. The effect of the proposed amendment on traffic generation and road safety.
Staff Finding:
Due to its proximity to high density residential development, most potential users of the
park would probably walk or ride a bike to the proposed park. The zone change is not
expected to pose any traffic problems and is a reduction in the allowed density for the
existing "residential" parcel.
E. Whether and the extent to which the proposed amendment would result in
demands on public facilities, and whether and the extent to which the proposed
amendment would exceed the capacity of such facilities, including, but not limited
to, transportation facilities, sewage facilities, water supply, parks, drainage,
schools, and emergency medical facilities.
Staff Finding:
The parcel is currently deed restricted as open space and does not allow for development.
A zone change to park will not affect demands on community facilities. Development of
a passive or semi -active park on this site would address a lack of public recreational
facilities in the immediate vicinity.
F. Whether and the extent to which the proposed amendment would result in
significant adverse impacts on the natural environment.
Staff Finding:
The zone change is not expected to significantly affect the natural environment.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen.
Staff Finding:
A public park in this area is compatible with the neighborhood. This expenditure of
public finds is consistent with other City expenditures.
Staff Comments page 7
r�
C.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
Staff Findings
The high density residential developments of Hunter Creek and Centennial, which have
provided internal open space and recreational opportunities for their residents and which
are proximate to Hunter Creek and Smuggler Mountain, will benefit from a public park.
1. Whether the proposed amendment would be in conflict with the public interest,
and is in harmony with the purpose and intent of this title.
Staff Finding:
This rezoning is not in conflict with the public interest.
Staff Comments: Special Review for Parking
No development subject to special review shall be permitted unless the Commission
makes a determination that the proposed development complies with all standards set
forth below.
B. Off-street parking requirements. Whenever off-street parking requirements of
a proposed development are subject to establishment and/or mitigation via a payment in
lieu by special review, the development application shall only be approved if the
following conditions are met:
In all zone districts where the off-street parking requirements of a proposed
development are subject to establishment and/or mitigation by special review, the
applicant shall demonstrate that the parking needs of the residents, customers,
guests, and employees of the project have been met, taking into account potential
uses of the parcel, the projected traffic generation of the project, the projected
impacts onto the on -street parking of the neighborhood, its proximity to mass
transit routes and the downtown area, and any special services, such as vans,
provided for residents, guests, and employees.
Staff Finding;.
The Park Zone Districts requires the parking requirements to be established by Special
Review. This is not a regional park and is not expected to attract many auto oriented
users. The park is relatively small and within walking distance to a high population.
Staff is more concerned about the potential for long-term parking than about the actual
number of spaces provided. Staff suggests that any parking provided for this park be
signed for a two hour maximum. This will ensure the parking availability for park users
and not for car storage for the nearby residential complexes. Staff is suggesting that the
provision of up to four (4) spaces would be appropriate for this neighborhood park.
Staff Comments page 8
MEMORANDUM
To: Chris Bendon, Planner
Thru: Nick Adeh, City Engineer
From: Chuck Roth, Project Engineer CyP-
Date: October 16, 1998
Re: Aley Subdivision & Rezoning
(2 Williams Way)
The Development Review Committee has reviewed the above referenced application at their
September 30, 1998 meeting, and we have thefollowing comments:
1. Draft Plat - The final plat must indicate a title commitment performed within the past 12 months
for easement information. A City park easement is not indicated. The property corners between the
two lots must be monumented and indicated.
2. Sidewalk. Curb & Gutter - The applicant should be required to construct sidewalk adjacent to
his Lot 1 frontage. Since it too late in the construction season to accomplish that this year, the
applicant should be required to sign a sidewalk construction agreement, with sidewalk to be
completed no later than June 30, 1999, and to replace any damaged sections of curb and gutter. The
development of Lot 2 should require construction of sidewalk prior to issuance of a certificate of
occupancy.
3. Site Drainage - The existing City storm drainage infrastructure system is sub -standard and
cannot adequately convey storm runoff. The site development approvals must include the
requirement of meeting runoff design standards of the Land Use Code at Sec. 26.88.040.C.4.f and
Engineering Department's interim design and construction standards. A drainage mitigation plan
(24"06" size plan sheet or on the lot grading plan) and a report must be signed and stamped by an
engineer registered in the State of Colorado, submitted as part of the building and site plan, as well
as a temporary sediment control and containment plan for the construction phase. The existing
structure should be required to construct drainage improvements prior to signing the plat.
1
4. Parkins - The final plat needs to show two existing 81/i x 18' parking spaces.
5. Utility Easements - The plat indicates an electric transformer and two utility pedestals in the
public right-of-way at the northeast corner of the property. The applicant should be required to
dedicate an 8'x8' easement at the northeast comer of Lot 1 for such time as it is desirable to relocate
them out of the public right-of-way.
6. Trash & Utilities - All utility meters and any new utility pedestals or transformers must be
'installed on the applicant's property and not in the public right-of-way. For pedestals, easements
must be provided. The building permit drawings must indicate all utility meter locations. Meter
locations must be accessible for reading and may not be obstructed by trash storage.
7. Improvement Districts - The applicant should be required to agree to join any improvement
districts that are formed for the purpose of constructing improvements in adjacent public rights -of -
way and to provide a signed and notarized agreement with recording fees prior to the final building
inspection.
8. Work in the Public Right-of-way - Given the continuous problems of unapproved work and
development in public rights -of -way adjacent to private property, we advise the applicant as
follows:
The applicant must receive approval from city engineering (920-5080) for design of
improvements, including landscaping, within public rights -of -way, parks department (920-5120)
for vegetation species, and streets department (920-5130) for mailboxes , street and alley cuts, and
shall obtain permits for any work or development, including landscaping, within public rights -of -
way from the city community development department.
98M 182
4
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Julie Ann Woods, Interim Community Development Director
FROM: Christopher Bendon, Planner (M
RE: Smuggler Hunter Trust -- 2 Williams Way
Subdivision, Rezoning, and Special Review -- Public Hearing
DATE: October 20, 1998
9 MEMO M111111PIRM
SUMMARY:
The applicant, Smuggler Hunter Trust represented by Maxwell Aley, is proposing
a Subdivision and Rezoning of his property located at 2 Williams Way. The
property is currently a 43,560 square foot tract within the RMF-A Zone District.
The applicant has entered into an agreement with the City of Aspen to convey Lot
#2 of the Subdivision to the City for the purpose of providing a municipal park.
The proposed Subdivision boundary has been designed to preserve the
conforming status of Lot #1. There is a minimum lot size of 27,001 square feet in
the RMF-A Zone District which prescribes this line.
The remaining parcel, Lot #2, is less than this minimum lot size and requires
rezoning to remain a conforming parcel. The Park Zone District is the most
compatible with the expected land use of the property.
Parking requirements for the Park Zone are established through the Special
Review process. The Parks Department has no immediate plans to develop this
park but does expect to provide no more than four parking spaces.
Staff recommends the Planning and Zoning Commission approve the Special
Review for Parking and pass forward a recommendation of approval to City
Council for this Subdivision and Rezoning, with conditions.
APPLICANT:
Smuggler Hunter Trust, owner.
Represented by Maxwell Aley.
LOCATION:
2 Williams Way.
•
ZONING:
Existing:
Proposed:
LOT SIZE:
Residential Multi -Family -A (RMF-A)
Lot 2 of the subdivision is proposed for Park (P) Zoning
Existing:
Proposed residential lot
Proposed park lot sizes:
LOT AREA & FAR:
1.00 acre. 43,560 square feet.
27,001 square feet.
16,559 square feet.
Lot area for the residential parcel is reduced by the 5,500 square foot portion of
the property within the Williams Way R.O.W.
The Allowable Floor Area depends upon the Lot Area and the use.
Lot Area: Proposed 21,501 Existing 38.060
FAR: Single -Family: 4,345 square feet. 5,173 square feet.
Duplex: 4,745 square feet. 5,573 square feet.
Multi -Family: 7,740 square feet. 13,700 square feet.
CURRENT LAND USE:
Residential with an open space easement encumbering the southern potion of the
parcel.
PROPOSED LAND USE:
Residential for the portion of the parcel north of Williams Way. Park for lands
south of Williams Way.
PREVIOUS ACTION:
The Commission has not previously considered this application.
REVIEW PROCEDURE:
Subdivision & Rezoning. The Planning and Zoning Commission shall consider the
application at a hearing and recommend approval, approval with conditions, or
denial to City Council.
Special Review for Parking. The Planning and Zoning Commission may approve,
approve with conditions, or deny a Special Review at a public meeting.
BACKGROUND:
The portion of this property south of Williams Way is currently deed restricted to
open space uses and passive recreation with no development opportunities. This
restriction was placed on the property by the County in a land -swap arrangement
with the owner. The City has entered into a contract to purchase the southern
4
0
parcel and a surface easement for the remaining land south of Williams Way for
the purpose of providing a public park.
The subdivision will allow the transfer of the park parcel to the City. The
rezoning is necessary because the minimum lot size in the RMF-A Zone District
is 27,001 square feet. The City's contract is contingent upon subdivision and
rezoning approval.
STAFF COMMENTS:
Review criteria and Staff Findings have been included as Exhibit "A." Agency
referral comments have been included as Exhibit "B." The application has been
included as Exhibit "C."
Staff has included conditions requiring certain actions before final approval by
City Council. This is different than most conditions that the P&Z reviews. The
purpose is to allow City Council to approve the Ordinance, final plat, and contract
all at once with all issues being resolved.
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission pass forward a
recommendation of approval for this Subdivision and Rezoning and approve the
Special Review for Parking, with the following conditions.
Prior to final approval by City Council, a park easement shall be recorded for the portion of
Lot #1 south of Williams Way and noted on the plat. The easement shall be approved by the
City Attorney prior to recordation.
2. Prior to final approval by City Council, the final plat shall be reviewed and approved by the
City. Engineer. An easement shall be provided on Lot #1 for electric equipment which is
currently in the Spruce Street R.O.W. Existing parking spaces for Lot #1 shall be depicted
on the final plat.
3. Prior to final approval by City Council, the applicant shall complete and record a sidewalk,
curb, and gutter, construction agreement which requires construction of these improvements
on Lot # 1 in the 1999 building season and the construction of these improvements on Lot #2
at the time of development.
4. Prior to final approval by City Council, the applicant shall complete and record an agreement
to join any future improvement districts for the purpose of constructing improvements which
benefit the property under an assessment formula.
5. The applicant shall coordinate the placement of street trees with the City Forester to meet the
street tree requirement of Subdivision.
Prior to redevelopment of either Lot, the owner shall submit a drainage report and a drainage
plan, including a erosion control plan, prepared by a Colorado licensed Civil Engineer which
maintains sediment and debris on -site during and after construction. If a ground recharge
system is required, a soil percolation report will be required to correctly size the facility. A 2
year storm frequency should be used in designing any drainage improvements.
3
7. No more than four (4) parking spaces may be provided along Spruce Street for Lot #2. The
spaces shall be signed for two hour maximum parking.
8. All material representations made by the applicant in the application and during public
meetings with the Planning and Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other conditions.
RECOMMENDED MOTION:
"I move to approve this Special Review for Parking and recommend City Council
approve the Smuggler Hunter Trust Subdivision, 2 Williams Way, and Rezoning
of proposed Lot #2 of the Subdivision, with the conditions outlined in the
Community Development Department memo dated October 20, 1998."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- Referral Agency Comments
Exhibit C -- Application
2
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RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING CITY COUNCIL APPROVE THE SMUGGLER HUNTER
TRUST SUBDIVISION AND REZONING OF LOT #2 OF THE SMUGGLER
HUNTER TRUST SUBDIVISION TO THE PARK (P) ZONE DISTRICT AND
APPROVING SPECIAL REVIEW TO ESTABLISH PARKING
REQUIREMENTS FOR LOT #2 OF THE SMUGGLER HUNTER TRUST
SUBDIVISION, 2 WILLIAMS WAY, CITY OF ASPEN.
PARCEL NO.2737-074-00-030
Resolution #98 -
WHEREAS, the Community Development Department received an application
from Elizabeth Aley, sole trustee of the Smuggler Hunter Trust, owner, for a two lot
subdivision of a 43,560 square foot parcel of land located in the Residential Multi -
Family -A (RMF-A) Zone District at 2 Willaims Way, rezoning of proposed Lot #2 of the
subdivision to the Park (P) Zone District, and Special Review to establish the parking
requirements for proposed Lot #2; and,
WHEREAS, the Planning and Zoning Commission may approve Special
Reviews in conformance with the review criteria set forth in Section 26.64; and,
WHEREAS, the City Council may approve Subdivisions and Amendments to the
Official Zone District Map (Rezoning) after taking and considering recommendations
from the Community Development Director, the Planning and Zoning Commission made
at a duly noticed public hearing, and taking and considering public testimony at a duly
noticed public hearing in conformance with the review criteria set forth in Sections 26.88
and 26.92; and,
WHEREAS, the City Engineer, Parks Department, and Community Development
Department reviewed the proposal and recommended approval with conditions; and
WHEREAS, during a duly noticed public hearing on October 20, 1998, the
Planning and Zoning Commission took and considered public testimony and approved by
a _ to _ vote the Special Review establishing the parking requirements for Lot #2 of
the proposed subdivision and recommended City Council approve the Smuggler Hunter
Trust Subdivision and Rezone Lot #2 of said Subdivision to the Park (P) Zone District,
with the conditions recommended by the Community Development Department.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Special Review to Establish the parking requirements for Lot #2 of the
Subdivision is approved and the City Council should approve the Smuggler Hunter Trust
Subdivision and Rezone Lot #2 of said Subdivision to the Park (P) Zone District, with the
following conditions:
Prior to final approval by City Council, a park easement shall be recorded for the portion of
Lot #1 south of Williams Way and noted on the plat. The easement shall be approved by the
City Attorney prior to recordation.
2. Prior to final approval by City Council, the final plat shall be reviewed and approved by the
City Engineer. An easement shall be provided on Lot #1 for electric equipment which is
currently in the Spruce Street R.O.W. Existing parking spaces for Lot #1 shall be depicted
on the final plat.
3. Prior to final approval by City Council, the applicant shall complete and record a sidewalk,
curb, and gutter construction agreement which requires construction of these improvements
on Lot #1 in the 1999 building season and the construction of these improvements on Lot #2
at the time of development.
4. Prior to final approval by City Council, the applicant shall complete and record an agreement
to join any future improvement districts for the purpose of constructing improvements which
benefit the property under an assessment formula.
5. The applicant shall coordinate the placement of street trees with the City Forester to meet the
street tree requirement of Subdivision.
6. Prior to redevelopment of either Lot, the owner shall submit a drainage report and a drainage
plan, including a erosion control plan, prepared by a Colorado licensed Civil Engineer which
maintains sediment and debris on -site during and after construction. If a ground recharge
system is required, a soil percolation report will be required to correctly size the facility. A 2
year storm frequency should be used in designing any drainage improvements.
7. No more than four (4) parking spaces may be provided along Spruce Street for Lot #2. The
spaces shall be signed for two hour maximum parking.
8. All material representations made by the applicant in the application and during public
meetings with the Planning and Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other conditions.
APPROVED by the Commission at its regular meeting on October 20, 1998.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
Sara Garton, Chair
MEMORANDUM
To: Chris Bendon, Planner
Thru: Nick Adeh, City Engine`%�1�7
From: Chuck Roth, Project Engineer cye_
Date: October 16, 1998
Re: Aley Subdivision & Rezoning
(2 Williams Way)
The Development Review Committee has reviewed the above referenced application at their
September 30, 1998 meeting, and we have the following comments:
1. Draft Plat - The final plat must indicate a title commitment performed within the past 12 months
for easement information. A City park easement is not indicated. The property corners between the
two lots must be monumented and indicated.
2. Sidewalk, Curb & Gutter - The applicant should be required to construct sidewalk adjacent to
his Lot 1 frontage. Since it too late in the construction season to accomplish that this year, the
applicant should be required to sign a sidewalk construction agreement, with sidewalk to be
completed no later than June 30, 1999, and to replace any damaged sections of curb and gutter. The
development of Lot 2 should require construction of sidewalk prior to issuance of a certificate of
occupancy.
3. Site Drainage - The existing City storm drainage infrastructure system is sub -standard and
cannot adequately convey storm runoff. The site development approvals must include the
requirement of meeting runoff design standards of the Land Use Code at Sec. 26.88.040.C.4.f and
Engineering Department's interim design and construction standards. A drainage mitigation plan
(24"06" size plan sheet or on the lot grading plan) and a report must be signed and stamped by an
engineer registered in the State of Colorado, submitted as part of the building and site plan, as well
as a temporary sediment control and containment plan for the construction phase. The existing
structure should be required to construct drainage improvements prior to signing the plat.
1
•
4. Parking - The final plat needs to show two existing 8 1/2'x 18' parking spaces.
5. Utility Easements - The plat indicates an electric transformer and two utility pedestals in the
public right-of-way at the northeast corner of the property. The applicant should be required to
dedicate an 8'x8' easement at the northeast corner of Lot 1 for such time as it is desirable to relocate
them out of the public right-of-way.
6. Trash & Utilities - All utility meters and any new utility pedestals or transformers must be
'installed on the applicant's property and not in the public right-of-way. For pedestals, easements
must be provided. The building permit drawings must indicate all utility meter locations. Meter
locations must be accessible for reading and may not be obstructed by trash storage.
7. Improvement Districts - The applicant should be required to agree to join any improvement
districts that are formed for the purpose of constructing improvements in adjacent public rights -of -
way and to provide a signed and notarized agreement with recording fees prior to the final building
inspection.
8. Work in the Public Right-of-way - Given the continuous problems of unapproved work and
development in public rights -of -way adjacent to private property, we advise the applicant as
follows:
The applicant must receive approval from city engineering (920-5080) for design of
improvements, including landscaping, within public rights -of -way, parks department (920-5120)
for vegetation species, and streets department (920-5130) for mailboxes , street and alley cuts, and
shall obtain permits for any work or development, including landscaping, within public rights -of -
way from the city community development department.
98M182
PJ
Rebecca Schickling,12:04 PAM/10/98, Re: Alev Subdivision W
X-Sender: rebeccas@commons
Date: Tue,13 Oct 199812:04:12 -0600
To: Christopher Bendon <chrisb@ci.aspen.co.us>
From: Rebecca Schickling <rebeccas@ci.aspen.co.us>
Subject: Re: Aley Subdivision
Cc: nicka@ci.aspen.co.us
Chris,
The contract provides for parking on Spruce St. up to a maximum of 4 spaces.
However, we are not planning on developing the property for a few years and
therefore will not do the parking until then, and the number of spaces may
even be less when we actually design the park. There is curb and gutter
along Spruce but not on Williams Way. I personally don't think there is a
need for it along Williams Way though. Landscaping will be done as well but
again we have no plans on doing anything for atleast a year or two. Restroom
facilities would not require utilities because we would use port -a -potties
or something similar. Possibly, we would install a drinking fountain but
nothing is designed yet. We would do any necessary taps for that when we
design the park. We may do some conceptual design for presenting to the
BOCC in order for the deed restriction to be lifted. Thanks.
Becca
At 09:47 AM 10/12/98 -0600, you wrote:
>Nick:
>Do you want sidewalks, curbs, and gutters for this parcel? And, are there
>any utilities required such as a fire hydrant, water, sewer? Do you want
>any survey points set?
>Becca:
> Is there going to be parking for this park and how many spaces? Is there a
>landscape plan in the works? Are there future plans for bathroom facilities
>which would require utilities?
>Cheers,
>Chris Bendon, City Planning
Rebecca Schickling
Printed for Christopher Bendon <chrisb@ci.aspen.co.us> 1�
Saturday -Sunday, October.34, 1998 • The Aspen Times 17-G
72 at Page 70
pal Amount of Evidence of Debt:
'rincipal Amount of Evidence of
date hereof: $99.896.69
ording: Pitkin
e No. or Reception No. of Recorded
in Book 372 at Page 66
:ion of Real Property:
;IT A ATTACHED HERETO AND
LATED HEREIN BY REFERENCE
TY DESCRIBED HEREIN IS ALL OF
RTY ENCUMBERED BY THE LIEN
THE DEED OF TRUST.
,RECLOSED MAY NOT BE A FIRST
LIEN
Hill Federal Savings & Loan
he owner of the Evidence of Debt
ie Deed of Trust described herein,
en election and demand for sale as
aw and in said Deed of Trust.
Notice is Hereby Given that I will,
ck in the forenoon of October 21.
South 'front door. Pitkin County
506 East Main, Aspen, Colorado,
auction to the highest and best bid.
the said real property and all inter-
d Grantor(s). Grantor(s)' heirs and
Nn, for the purpose of paying the
i provided in said Evidence of Debt
:he Deed of Trust, plus attorneys'
penses of sale and other items
,w, and will deliver to the purchaser
of Purchase, all as provided by law.
IRM OF CASTLE & CASTLE, P.C. IS
TO COLLECT A DEBT AND ANY
IN OBTAINED WILL BE USED FOR
)SE.
mber 1. 1998
Deputy
ee in and for the County of Pitkin ,
tion: September 12. 1998
tion: October 10, 1998
Ilication: THE ASPEN TIMES
istle &Castle. P.C.
s Castle
iuite 2300
xado 80202
51
EXHIBIT A
land as Shown as Tract B on the
plat thereof recorded in Book 1 at
wated in Section 2, Township 11
ge 85 West of the 6th Principal
A being Part Of H.E.S. No. 112. Said
ire fully described as follows:
It a point whence Corner No. 1 Of
ears N.21'24' E 919.50 feet; thence
'. 31.41 feet; thence N. 29'47' W 60.56
N. 9'34' W. 159.44 feet; thence N.
83 feet: thence N. 11'29' W. 118.91
E
e S. 71'57 223.60 fedthe ; nce S.
i.00 feet; thence S. 7.3T W 176.00 feet
I.14' E 85.00 feet; thence S. 75'12' W.
o the point of beginning.
n The Aspen Times Sept. 12. 19, 26,
10, 1998.
the evidence of debt secured by the above -
described Deed of Trust being foreclosed is
$312,719.63 as of September 10, 1998.
The following -described property is all of the
property encumbered by said Deed of Trust:
LOT 14, BLOCK 2, LITTLE ELK CREEK SUBDIVI-
SION. FILING NO. 2 COUNTY OF PITKIN, STATE
OFCOLORADO
also known by street and number as: 0109
Haystack Ln.. Snowmass, CO 81654
THE LIEN OF THE DEED OF TRUST TO BE FORE-
CLOSED MAY NOT BE A FIRST LIEN.
THEREFORE, NOTICE IS HEREBY GIVEN that I
will, at 10:00 o'clock a.m.. on the date of
November 4, 1998 at South Front Door of the,
Pitkin County Courthouse, 506 E. Main Street,
Aspen, Colorado, sell at public auction to the
highest and best bidder for cash, the real prop-
erty described above, and all interest of said
Grantor, the heirs, successors and assigns of
said Grantor, for the purpose of paying the
indebtedness provided in said evidence of debt
and Deed of Trust, attorney's fees, and the
expenses of sale, and will deliver to the pur-
chaser a Certificate of Purchase, all as provided
by law.
Thomas Cart Oken Public Trustee, of the
County of PITKIN, Colorado
By: Carol L. Foote, Deputy Public Trustee
Date: September 15, 1998
First Publication Date: September 26, 1998
Last Publication Date: October 24, 1998
Publisher: The Aspen 7lmes
File No.: WMC/Knapp 980238
Philip M. Klemsmith
6035 Erin Park Drive, 0203
Colorado Springs, CO 80918
719-593-1970
THE LAW REQUIRES THAT WE INFORM YOU: WE
ARE ATTEMPTING TO COLLECT A DEBT. ANY
INFORMATION OBTAINED FROM YOU WILL BE
USED FOR THAT PURPOSE.
Published in The Aspen Times September 26,
October 3, 10, 17. 24, 1998.
ICE OF PUBLIC TRUSTEE SALE
No. 98-14
of Public Trustee Sale is given with
the following Deed of Trust:
antor. Glen Fuller
.neficiary: North American Mortgage
ed of Trust: December 23, 1994
Date of Deed of Trust: Jayluary 5, 1995
Info.: Book 771. Pile t , 'Ptlae Na.
377816 .r'S
iinc Amountsl6S.iS" ' i=
tpaid Prtncfpat S1GIA". ,
orecbwttlsard soil
)eed afTka.e a. .�l
IfAM 1.IUMAI2[CIIM
VISION. FLM M t.. CAIMY OI
rrKK
{JLLM
4 PORF!!Att nc*I►w�
S, The Back oE'Nsts Yedtasih�s
e pooling and ttavirJstg
of April 1995 ama"I
r, Countrywide Mor%ar CAB' '-
wn as IndependeIt
t PlatlaMl
Ion) the legal holder d .flit
by the above -described Deed d
Fiection and llettarrd
NOTICE OF PUBLIC TRUSTEE'S SALE
NO. 98-I6
TO WHOM IT MAY CONCERN: This Notice is
given with regard to the following described
Deed of Trust:
Original Grantor of Deed of Trust (Borrower):
Michael P. Sloan
Original Beneficiary of Deed of Trust: M a r c h
Trading. Inc.
Current Owner of the Evidence of Debt Secured
by the Deed of Trust: March Trading, Inc -
Date of Deed of Trust: November 14, 1997
Recording Date of Deed of Trust: November 17,
1997
County of Recording: Pitkin
Reception Number of Recorded Deed of Trust:
410690
Book and Page Number of Recorded Deed of
Trust: N/A
YOU ARE HEREBY NOTIFIED that the under-
signed as the legal owner of an Evidence of Debt,
dated November 13, 1997 in the original Princl-
pal of $20,000.00 dollars and which is secured by
the Deed of Trust described above, has Bled
written election and demand for sale as provid-
ed in said Deed of Trust. The outstanding ltriw
cipal balance due and owing upon the evidence
of debt secured by the above -described Deed of
Trust being foreclosed is i20,000.00 as of
September 16. 1998 (exclusive of interest and
any other charges property allowable under the
document evidencing said debt).
The fo9bwing described property is all of the
Y>yro0Yrl�i'7,teumbered by said Deed d Trust•_
anaCKed Exttlbit A -
also 11now by street and number as 2160
"IlkOrtvet 3amemass VUWdkt .Colorado
rXT1tY'1�sadosue dapt
oes lifar linvolm
awftMMa
!ir!1>a= I * - t]ITRt1S- 70 RP(JRL
cultural real estate.
THE LIEN OF THE DEED OF TRUST TO BE FORE
CLOSED MAY NOT BE A FIRST LIEN
THEREFORE, NOTICE IS HEREBY GIVEN that I
will, at 10:00 o'clock a.m., on the date of
November 4 1998, at the Pitkin County
Courthouse. 506 E. Main Street. .aspen,
Colorado, sell at public auction to the highest
and best bidder for cash, the real property
described above, and ail interest of said Grantor,
for the purpose of paying the indebtedness pro-
vided in said Note and Deed of Trust, attorneys'
fees, and the expenses of sale, and will deliver to
the purchaser a Certificate of Purchase, all as
provided by law.
Date: September 17. 1998
Thomas Carl Often, Public Trustee, in and for the
County of Pitkin, Colorado
By: Carol L. Foote. Deputy Public Trustee
506 E. Main Street
Aspen, Colorado 81611
First Publication: September 26. 1998
Last Publication Date: October 24, 1998
EXHIBIT "A"
A parcel of land being situated in Section 19 and
20, Township 9 South, Range 85 West of the Sixth
Principal Meridian. Pitkin County, Colorado.
Said parcel is more fully described as follows:
Beginning at a point from whence the Southeast
corner of said Section 19 bears South 26'55'28"
East 499.72 feet;
thence North 25'07'34" West 886.27 feet;
thence North 12'10'06" West 651.48 feet;
thence East 741.00 feet;
thence South 00'02'41" West 453.84 feet:
thence East 787.17 feet;
thence South 961.50 feet;
thence South 88'39'00" West 1014.45 feet to the
point of beginning.
Published in The Aspen Times September 26,
October 3, 10, 17. 24, 1998.
T1SNrff; lot 1Gi.191fJMV ll fist 1
Wft at OR IN 4lftla& arts..-o► 0rs_41e of
Maniallmr 4. "M. at tie PMbs cmmy
Cwatwa' 1s E_ Mafr' arse.-•'A�a
Cdasadia, so at PWAC adfs ns Ma f�la
Sitd 11011 YSf1• tar Oak fete Taal prepaty
degOW shafts sad r Iataest of sold Graim
1st wfI 40 pstyy vlr ladat liana ss pro-
11;ind Deed a T host. a . neya-
eapaaa� of aaie, and wo delim to
I- _ a C-tift le of Ptrdwse, as as
TnMet. in and for the
PUBLIC NOTICE
ORDINANCE 020
(Series of 1998)
AN ORDINANCE OF THE ASPEN CITY COUNCIL
GRANTING APPROVAL OF LANDMARK
DESIGNATION AND A SUBDIVISION EXEMPTION
FOR AN HISTORIC LANDMARK LOT SPLIT AT
930 KING STREET
CITY OF ASPEN
Copies of this ordinance are available in the
office of the City Clerk during normal business
hours, 130 S. Galena, Aspen. Colorado.
Finally adopted passed and approved this 28th
day of September 1998.
John S. Bennett, Mayor
ATTEST': Kathryn Koch. City Clerk
Published in The Aspen Times on October 3,
1998.
PUBLIC NOTICE
ORDINANCE NO. 32
(SERIFS OF 1998)
AN ORDINANCE OF THE ASPEN CITY COUNCIL
APPROVING AN AMENDMENT TO CHAPTER 26
OF THE MUNICIPAL CODE, LAND USE
REGULATIONS, SECTION 26.100.050 GMQS
EXEMPTIONS, RELATED TO THE GROWTH
MANAGEMENT QUOTA SYSTEM; AND THE
DELETION OF SECTION 26.104.050 LODGE AND
HOTEL PRESERVATION, RELATED TO
NONCONFORMING LODGES AND HOTELS.
Copies of this ordinance are available in the
office of the City Clerk, City Hall, 130 South
Galena, Aspen, during normal business hours.
FINALLY adopted, passed and approved this
28th day of September 1998.
John S. Bennett, Mayor
ATTEST': Kathryn S. Koch, City Clerk
Published in The Aspen Times on October 3,
I'm
PUBLIC NOTICE
-'i,f`� ORDWOJKY M. 36
jR AN OR�IAfKE� GASP N Cr Y COUNCIL
APPROvacASUBSrJicnALAmENO ENI TO,
THE APPROVEDPLAl4FED LINTY
DEVELOPMQfC 3UBDNMM. AND RI ZONC'1G
OF TM A3M COIJNj1 Y 90 AFFORDABLE
HOIISNC PROJE)Cr, II I I I HX;HWAY8Z CITY
-OP ASPEK Rrll�i COUNTY. COL.ORADO.
Capin of this OMtrsance are available In the
afillm of the City Clerk CIty'Hall, 130 South
Galena, Aspen, during normal business hours.
FINALLY adopted, passed and approved this
28th day of September 1998.
John S. Bennett, Mayor
ATTEST: Kathryn S. Koch, City Clerk
Published in The Asnen Times on Octnher 3
terms and conditions set forth in the Water
Service Agreement attached hereto and incor-
porated herein by reference.
Section 2. This ordinance shall not have any
effect on existing litigation and shall not operate
as an abatement of any action or proceeding
now pending under or by virtue of ordinances
repealed or amended as herein provided, and
the same shall be construed and concluded
under such prior ordinances.
Section 3. It any section, subsection, sentence,
clause, phrase or portion of this ordinance is for
any reason held invalid or unconstitutional in a
court of competent jurisdiction, such portion
shall be deemed a separate, distinct and inde-
pendent provision and shall not affect the valid-
ity of the remaining portions )hereof.
Section 4. A public hearing' on the ordinance
shall be held on the 13th day of October 1998, in
the City Council Chambers, Aspen City Hall,
Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUB-
LISHED as provided by law by the City Council of
the City of Aspen on the 28th day of September
1998.
John S. Bennett, Mayor
ATTEST: Kathryn S. Koch City Clerk
Published in The Aspen Times on October 3,
1998.
PUBLIC NOTICE
RE SANDUNES, L.P., EXTENSION OF VESTED
RIGHTS
NOTICE IS HEREBY GIVEN that a public hearing
will be held on Wednesday November 4, 1998 at
a regular meeting to begin at 3:00 PM before the
Board of County Commissioners, Plaza One
Conference Room, 530 E. Main St.. Aspen to con-
sider an application submitted by Sandunes,
L.P., requesting an Extension of Vested Rights
The property is located at 815 West Main St. and
is described as a tract of land situate in the SW
1/4 of Section 12. Township 10 South, Range 85
West of the 6th P.M. For further information con-
tact Tamara Pregl at the Aspen/Pitkin
Community Development Department (970) 920-
5103. Copies of the proposed Resolution are
available for public inspection during regular
business hours in the Office of the Clerk and
Recorder. 530 East Main Street, Aspen, Coloradan
81611. Phone (970) 920-5180.
Jeanette Jones,
Deputy County Clerk
s/Dorothea Farris, Chair
Board of County Commissioners
Published in The Aspen Times October 3, 1998.
PUBLIC NOTICE
RE: SMUGGLER HUNTER TRUST SUBDIVISION
AND REZONING
NOTICE IS HEREBY GIVEN that a public. hearing
will be held on Tuesday. October 20, 1998 at a
meeting to begin at 4:30 p.m. before the Aspen
Planning and Zoning Commission, Sister Cities
Meeting Room. City Hall, 130 S. Galena St.,
Aspen, to consider an application submitted by
Smuggler Hunter Trust, 3937 P 10 Lane, Paonia,
CO 8142& requesting subdivision approval and
rezoning of a portion of the property to Park (P).
The property is located at 2 Williams Way, and is
IegaBy described as a parcel of land situated in
the SW 1/4 of Section 7, Township 10 S. Range 84
W of the Pith P.M. For further information, con-
tact Chris Bendon at the Aspen/Pitkin
Community Development Department, 130 S.
Galena St., Aspen, CO (970) 920-5072.
Nara Garton, Chair
Aspen Planning and Zoning Commission
Published in The Aspen Times October 3, 1998.
PUBLIC NOTICE
RE W/J HOMEOWNER'S ASSOCIATION TWO
LOT SUBDIVISION AND CONCEPTUAL REVIEW,
IST READING
NOTICE IS HEREBY GIVEN that a public hearing
VAU be held on Wednesday, November 4, 1998 at
4 -a regular meeting to begin at 3:00 PM before the
Board of County Commissioners, Plaza One
Conk tettce Room. 530 E Main St., Aspen to con -
•slider an application submitted by W/J
Homeowner's Association, Inc., requesting
approval of a subdivision of a parcel owned by
Pitkin County Affordable Housing, Inc., to create
two single family, Resident Occupied Affordable
Housing Lots. The property is located at W/J
Ranch and is described as portions of
Government Lots 1, 8 & 9 of Sections 21 and as
portions of Government Lots 7, 8, 9. 12, 13, 15,
and 16 of Section 22, both of Township 9 South,
o......- ac guy. c.,, o u r.." ...-.�...- :.-..."......,.-..
0
•
PUBLIC NOTICE
RE: SMUGGLER HUNTER TRUST SUBDIVISION AND REZONING
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, October
20, 1998 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning
Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to
consider an application submitted by Smuggler Hunter Trust, 3937 P 10 Lane, Paonia,
CO 81428, requesting subdivision approval and rezoning of a portion of the property to
Park (P). The property is located at 2 Williams Way, and is legally described as a parcel
of land situated in the SW 1/4 of Section 7, Township 10 S, Range 84 W of the 6th P.M.
For further information, contact Chris Bendon at the Aspen/Pitkin Community
Development Department, 130 S. Galena St., Aspen, CO (970) 920-5072.
Aspen Planning and Zoning Commission
Published in the Aspen Times on October 3, 1998
City of Aspen Account
WITZ EUGENE M
1920 N CLARK ST
CHICAGO, IL 60614
PITKIN COUNTY
530 E MAIN ST STE 302
ASPEN, CO 81611
WILLINGER CAROLINE I
WILLINGER EDWARD L AS JT
TENANTS
PO BOX 848
ASPEN, CO 81612
HOGUE CAROLINE
101 WILLIAMS WAY #C302
ASPEN, CO 81611
LINEHAN RAMONA J
PO BOX 11088
ASPEN, CO 81612
• LEDDY THOMAS A *WILLIAMS WOODS HOMEOWNERS
ASSOC
704 SPRUCE C/O OATES HUGHES & KNEZEVITCH
ASPEN, CO 81616 11 533 E HOPKINS AVE
ASPEN, CO 81611
GREENE JEFFREY E & KAREN
BLOMQUIST
PO BOX 152
ASPEN, CO 81612
KINSMAN DINAH LEE
101 WILLIAMS WY #204D
ASPEN, CO 81612
BIENKOWSKI ENRIQUE
ALBERS KATHLEEN AS JOINT
TENANTS
PO BOX 8094
ASPEN, CO 81612
KYZER E CARLYLE
402 WILLIAMS WAY #13-1
ASPEN, CO 81611
SANDBERG KATHARINE A
PO BOX 2702
ASPEN, CO 81612
MAC DONALD CHRISTOPHER H
PO BOX 495
ASPEN, CO 81612
IRELAND MOLLY F
BIRD DONALD L
PO BOX 8533
ASPEN, CO 81612
RYERSON LOREN & AMY
501 WILLIAMS WAY
ASPEN, CO 81611
DEWOLFE DANIEL G CLAYTON DOUGLAS W VERNIER JULIE & JOSEPH
502 WILLIAMS WAY MEDLIN MELINDA M AS JT TENANTS 504 WILLIAMS WAY
ASPEN, CO 81611 PO BOX 8813 ASPEN, CO 81611
ASPEN, CO 81612
MUHICH JOE ESTATE OF
C/O ANGELINE GRIFFITH
530 WALNUT ST
ASPEN, CO 81611
WEISS RONALD K & JODI L
3000 TOWN CENTER STE 540
SOUTHFIELD, MI 48075
WOOLLEY SUSAN C
PO BOX 755
ASPEN, CO 81612
SHOAF JEFFREY S
PO BOX 3123
ASPEN, CO 81612
MYERS ALBERT 50% INT
PO BOX 3095
ASPEN, CO 81612
PARK SUNG YOO & JANG LEE
360 W 36TH ST #7H
NEW YORK, NY 10018
MYERS ALBERT M 50% INT
PO BOX 3095
ASPEN, CO 81612
SHORE JILL
PO BOX 8673 .
ASPEN, CO 81612
PARIS JOHN H
3200 SANTA MONICA BLVD #204
SANTA MONICA, CA 90404
M R J PECK CO BARRETT WILLIAM A COATES JOHN J JR & MARY ANN
9 OGDEN RD 2029 CENTURY PARK E 408 PO BOX 25277
SCARSDALE, NY 10583 LOS ANGELES, CA 90067 OKLAHOMA CITY, OK 73125
MIRIN BERNARD
PO BOX 7681
ASPEN, CO 81612
KEMP CHARLOTTE LEIGH & FRED D
JR
0272 BADGER RD
CARBONDALE, CO 81623
ROBINSON AUDREY K
PO BOX 4413
ASPEN, CO 81612
SANDERS RICHARD ALLEN
2041 BROOKHIGHLAND RIDGE
BIRMINGHAM, AL 35242
SPEER CHRISTINE
1400 VINE ST
ASPEN, CO 81611-3292
MOORE THOMAS P & TERRY L
102 RAMA RD
BEAVER FALLS, PA 15010
HELLER PEGGY JO
201 OCEAN AVE APT 508P
SANTA MONICA, CA 90402-1408
WIENER WILLIAM B JR
333 TEXAS STE 2375
SHREVEPORT, LA 71101
SHIFRIN CAROLINE
PO BOX 4825
ASPEN, CO 81612
0HUNTTING STANLEY R &
MARGARET A
4655 PLEASANT RIDGE RD
BOULDER, CO 80301
CARDER FAMILY INSURANCE
PARTNERSHIP
C/O WALTERS AMY CARDER
40 MULE DEER TRL
LITTLETON, CO 80127
BUNEVICH PETER & BRIGITTE
5301 CRACHER BARREL
COLORADO SPRINGS, CO 80917
DIXON DONA J
924 VINE ST
ASPEN, CO 81611
NUGENT THOMAS A
5125 VALJEAN AVE
ENCINO, CA 91436
HUNTER CREEK LLC
2120 N SEDGWICK
CHICAGO, IL 60614
WIENER WILLIAM B JR
333 TEXAS STE 2375
SHREVEPORT, LA 71101
BITTNER SHIRLEY MARIE
945 VINE ST
ASPEN, CO 81611
SHERMAN YONEKO SUZUKI
1001 VINE ST
ASPEN, CO 81611
WARSON WENDY L
98 GLENN DEE RD #9
ASPEN, CO 81611
LADIN LAWRENCE L
PO BOX 11630
ASPEN, CO 81612
RIDLING JERRY B & MURIEL M
1110 STONYBROOK DR
NAPA, CA 94558
HABBERSTAD PAUL
PO BOX 8091
ASPEN, CO 81612
KERR MICHAEL K & CYNTHIA K
1066 LAUREN LN
BASALT, CO 81621
LAPIN RICHARD M
PO BOX 8313
ASPEN, CO 81612
CANTER JERRY & MARC E
PO BOX 50443
SANTA BARBARA, CA 93150
MAC GILL SUZANNE B
C/O ASPEN SKI TOURS
300 S SPRING ST
ASPEN, CO 81611
SHERMAN YONEKO SUZUKI
1001 VINE ST
ASPEN, CO 81611
LAI RICHARD TSENG-YU AND WENDLING NAN JEAN JENNINGS RICHARD M
LAI BARBARA ELLEN PO BOX 8834 1004 VINE ST
5731 E VOLTAIRE ASPEN, CO 81612 ASPEN, CO 81611
SCOTTSDALE, AZ 85254
ROSIN RICHARD & DRITA
28246 FRANKLIN RD
SOUTHFIELD, MI 48034
BERNARDSUSAN
37 ALBERT RD
RICHMOND SURREY TW10
ENGLAND,
CHRISTENSEN CAROLINE I
650 BELL AIR DR
VISTA, CA 92084
*FREI MURIEL
PO BOX 2171
ASPEN, CO 81612
HORN MICHAEL A
C/O COATES REID & WALDRON
6DJ 720 E HYMAN AVE
ASPEN, CO 81611
RAUCHENBERGER CARL & MERILYN
1127 S OLD WILKE RD #102
ARLINGTON HEIGHTS, IL 60005
O'BRIEN JOHN J
PO BOX 7654
ASPEN, CO 81612
BETTIO JACK A
3875 RIDGEWAY RD
LAKEHURST, NJ 08733
SMITH NANCY ROSS
PO BOX 185
FOREST HILL, MD 21050
PAULSON WILLIAM T
PO BOX 7693
ASPEN, CO 81612
MENDELSON MELI
MENDELSON ROBERTA L
5412 FRANCISCA WAY
AGOURA HILLS, CA 91301
MCDONAGH THOMAS G
340 W 57TH ST STE IOP
NEW YORK, NY 10019
HYDE ARTHUR C JR
PO BOX T
ASPEN, CO 81612
WHITNEY PATRICIA A
PO BOX 1168
ASPEN, CO 81612
KENWOOD JOEL D REVOCABLE
TRUST
2531 NW 59TH ST
BOCA RATON, FL 33496
SELLARS KAREN E
SEAMAN ANGELA M AS JT TENANTS
PO BOX 10363
ASPEN, CO 81612
*ASPEN CENTER FOR
ENVIRONMENTAL STUDIES
100 PUPPY SMITH ST
ASPEN, CO 81611
BYRUM ALBERT G JR
BYRUM PATRICIA
100 LEATHERWOOD CIRCLE
MARTINSVILLE, VA 24112
SKADRON STEVEN J
1022 VINE ST
ASPEN, CO 81611-3272
GUNDAKER GORDON S REAL
ESTATE CO
2458 OLD DORSETT RD STE 300
ST LOUIS, MO 63043
CHAPMAN HARVEY G JR & RUTH J
717 KUPULAU DR
KIHEI, HI 96753-9349
PRYMAK BILL
1530 W IOTH AVE
BROOMFIELD, CO 80020
LUU TONG K
435 E MAIN ST
ASPEN, CO 81611
HUNTER CREEK 1045 PARTNERSHIP
A MINNESOTA GENERAL
PARTNERSHIP
4428 YORK AVENUE SOUTH
MINNEAPOLIS, MN 55410
LEONARD LINDA UND 1/2 INT
STANLEY NANCY C PMAN KEITH KAREN & KATHY LEONARD LINDA SCHIERSE
CHA
950 N KINGS RD #120 CHA 1048 VINE ST
WEST HOLLYWOOD, CA 90069 ND 1/2 /2 135TH STREET ASPEN, CO 81611
RENTON, WA 98059-7203
SCHMIDT DAVID R. WOLOSHIN MELVYN A & ROBERTA S WIMBERLY THOMAS FELTON III
200 W 34TH AVE #933 PO BOX 7107 PO BOX 761
ANCHORAGE, AK 99503 WILMINGTON, DE 19803 BIRMINGHAM, AL 35201
BARNARD WILLIAM C `BURNS ADRIAN JOHN & JUDETH
C/O ZAP HEALTH CLEANING SHAY *WILLARD
239CI IC AVECHARES LAWSON IV
PO BOX 8313 PO BOX 12264 2398 PACIFIC AV#602
ASPEN, CO 81612 ASPEN, CO 81612 SAN FRANCISCO, CA 94115
SMITH JAMES F & LINDSAY
AS JOINT TENANTS
6542 WESTCHESTER
HOUSTON, TX 77005
MUSSO PAMELA LYONS
MUSSON RICHARD L
319 LOCUST ST
DENVER, CO 80220
SHOSTAC DAVID
SHOSTAC ALEXES
2509 AIKEN AVENUE
LOS ANGELES, CA 90052
RIDLING JERRY B & MURIEL M
1110 STONYBROOK DR
NAPA, CA 94558
FRANKEL MARIETTA C
280 EL PUEBLO WY
PALM BEACH, FL 33480
LANGE CHADWICK S JR
1127 VINE ST
ASPEN, CO 81611-3274
SARNO JOHN J JR
49 APPACHE WAY
TEWKSBURY, MA 01876
OSTER JEREMY
655 E DURANT AVE
ASPEN, CO 81611
SMITH JAMES F & LINDSAY
AS JOINT TENANTS
6542 WESTCHESTER
HOUSTON, TX 77005
TRAN HONG HUONG
814 W BLEEKER ST #C1
ASPEN, CO 81611
TOWNSEND R JAMES
PO BOX 8145
ASPEN, CO 81611
MELVILLE SUSAN
333 E DURANT AVE
ASPEN, CO 81611
LUU TONY HECKER ROSE ROSENFIELD AND
435 E MAIN ST ROSENFIELD ANITA
ASPEN, CO 81611 3952 BEARD AVE S
MINNEAPOLIS, MN 55410-1041
TANGUAY MICHAEL L
210 AABC STE FF
ASPEN, CO 81611
WENZEL KAREN M
1125 VINE ST
ASPEN, CO 81611
BUTLIEN SHELDON
BUTLIEN RHODALEE
135 DEERHAVEN RD
MAHWAH, NJ 07430
BECKER JANICE
72 ALDER AVE
SAN ANSELMO, CA 94960
WEISS CLIFFORD A
WEISS STACEY L AS TENANTS IN
COMMON
1135 VINE ST
ASPEN, CO 81611
BROOKES DONNA ANN
1541 PINE WHIFF AVE
EDGEWATER, MD 21037
CLAFFEY WALTER W
CLAFFEY NICOLETTA H
640 SHORELINE ROAD
BARRINGTON, IL 60010
GREENWALD ALAN
PINE BROOK TIRE CO
295 CHANGEBRIDGE RD
PINE BROOK, NJ 07058
DOWELL RONALD R
DOWELL MARSHA S
2 APPLEWOOD COURT EAST
PERRYSBURG, OH 43551
NOONAN ELIZABETH A TRUST
1450 SILVER KING DR
ASPEN, CO 81611
CANAS STEFAN FABER JOHN A TORNARE RENE
1137 VINE ST 1401 W PACES FERRY #3401 285 LIGHTHILL RD
ASPEN, CO 81611 ATLANTA, GA 30327 SNOWMASS, CO 81654
KISKER ELLEN H (SANDERS CURTIS B IGMALONEY JOHN V
1211 VINE ST PO BOX 8661 MALONEY ANNE J484 SHERIDAN ROAD
ASPEN, CO 81611 ASPEN, CO 81612 GLENCOE, IL 60022
FREDERICK FAMILY TRUST BIXBY PATRICIA ELLIS ROGERS MARY ELLEN
1215 VINE ST 403 FAIR OAKS 2143 PINE ST #2
ASPEN, CO 81611 SAN FRANCISCO, CA 94110 BOULDER, CO 80302
OLSON AKASHA K LESTER GEOFFREY TOBEL KEVIN W & MARY LYNN
PO BOX 5896 PO BOX 3704 28610 SUMMIT CT
SNOWMASS VILLAGE, CO 81615-5896 ASPEN, CO 81612 NOVI, MI 48375
VERNIER WILLIAM J SERGOTT EMIL D UKRAINE JOHN
VERNIER GLADYS M SERGOTT HELEN VERONICA PO BOX 10032
2040 DAVIS ST 7913 GLACIER CLUB DR ASPEN, CO 81612
WYANDOTTE, MI 48192-3537 WASHINGTON, MI 48094-2225
CHRIST KLAUS AKA CHRIST BELL MARTIN W LANGLEY WILLIAM
NIKOLAUS 5217 18TH AVE NE PO BOX HM 3085
PO BOX 4947 SEATTLE, WA 98105 HAMILTON BERMUDA,
ASPEN, CO 81612
MALCOLM IAN BOSLOUGH JOHN I LEBACH DOROTHY
35 QUEENS AVE RAEHN SUSAN L. LEBACH JOAN C
AVALON NS WALES AUSTRALIA, 9119 MILL POND VALLEY DR 165 W END AVE SUITE 29-G
2107 MCLEAN, VA 22102 NEW YORK, NY 10023
STEIN WALTER W MELDAHL JOHN C HUNTER CREEK VENTURE
STEIN SYLVIA B MELDAHL DEBORAH M A COLOR -ADO CORPORATION
6531 LAUREL VALLEY ROAD 2620 HUMBOLDT AVE SOUTH 195 ROYAL GEORGE CIR
DALLAS, TX 75248 MINNEAPOLIS, MN 55408 MCQUEENEY, TX 78123
CARBON KENNETH R EDMUNDSON SCOTT J ZAUNER HEINZMER
S KENNA
0095 SILVERADO DR PO BOX 4486 C/O C/O TEAL A
BASALT, CO 81621 ASPEN, CO 81612 ASPEN, 81611
RAY GAYLE A TRUST LEBACH DOROTHY 93% INT FRIEDMAN HAROLD & SANDRA
9473 PINYON TRL LEBACH JOAN 7% 19513 PLANTERS POINT DR
LITTLETON, CO 80124 165 WEST END AVE #29G BOCA RATON, FL 33434
NEW YORK, NY 10023
RESTAINO THOMAS AND SILVER JEROME D KLAR JOAN L
BECKER JANICE B SILVER STEPHANIE PO BOX 722
72 ALDER AVE 6835 FOX LANE DR S ASPEN, CO 81612
SAN ANSELMO, CA 94960 INDIANAPOLIS, IN 46278-1223
GIBBONS COLLEEN •FRIEDMAN DANIEL S *BURNS ADRIAN JOHN & JUDETH
1327 VINE STREET 1328 VINE ST SHAY
ASPEN, CO 81611 ASPEN, CO 81611 PO BOX 12264ASPEN, CO 81612
LUSK CHARLES M JR AND URSULA G ADLER STEPHEN L DOPKIN HARLAN
14710 MARINE DR INSTITUTE FOR ADVANCED STUDY CAROL DOPKIN REAL ESTATE
C/p PO BOX 4696
HUMBLE, TX 77057-1905 OLDEN LANE ASPEN, CO 81612
PRINCETON, NJ 08540
SCHROEDER MICHAEL E BALCOM SYLVIA J HENNING BARBARA D
PO BOX 10760 1336 VINE ST PO BOX 4535
ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612
SHERWIN GREG JACKSON ERNA D REVOCABLE FREDERICK CHARLES E & JILL F
2992 SHADOW CRK DR M302 TRUST 1215 VINE ST
BOULDER, CO 80303 9708 COLONIAL CIR NE ASPEN, CO 81611
ALBUQUERQUE, NM 87111
KIMBALL TRACY ZAREK LINDA L BARBATELLI ELIZABETH L
HAMWI G JOHN
PO BOX 4295 PO BOX 3245
ASPEN, CO 81612 724 W BUTTERMILK RD ASPEN, CO 81612
ASPEN, CO 81611
GUENTHER OSKAR TRUSTEE BARNES JOHN ELWOOD III
GUENTHER OSKAR TRUST 945 VINETNER ST SHIRLEY MARIE BARNES SHARON MEEKER AS JOINT
AS VINE
1038 OAK HILLS CIR TENANTS
ASHLAND, OH 44805 ASPEN, CO 81611 124 VINE ST
ASPEN, CO 81611
LOCK DENISE E KERSHAW ROBERT B MORSE ROBERT J REVOCABLE
125 VINE ST WARD JOHN THOMAS TRUST
ASPEN, CO 81611 113 WEST MONUMENT STREET 1515 WESTWOOD CIR
BALTIMORE, MD 21201 MUSKEGON, MI 49441-5887
KOWAR JOSEPH ALBERT CHRIST CHRISTIAN & LOTTI NEWELL GEORGE S JR
133 VINE ST PO BOX 2943 PO BOX 10250
ASPEN, CO 81611-1549 ASPEN, CO 81612 ASPEN, CO 81612
RAPPAPORT MYRON AND HELENE HEEDUM SHARON D WALLACH ANNE M & KARL E
HWR JEWELRY INC - C/O 210 SAINT PAUL ST STE 215 5190 UPPER CATTLE CREEK RD
318 S GALENA ST DENVER, CO 80206-5100 CARBONDALE, CO 81623
ASPEN, CO 81611
ROSS ROBERT M GOFF DEBORAH L MALCOLM IAN
17030 NANES DR STE 214 410 W ORMAN PO BOX 4671
HOUSTON, TX 77090 PUEBLO, CO 81004 ASPEN, CO 81612
SKLAR PATRICIA REVOCABLE *KINKEAD T W •EMIGH ROBERT A
LIVING TRUST EMIGH PAGTRICIA A
670 N TOMOHAWK TR
250 BRADLEY PL 9408 VERO BEACH, FL 32963-3942 7877 ANDREWS WAY
PALM BEACH, FL 33480 BOULDER, CO 80303
USHIDA RHODA 1/2 INT
SPECK KARIN C
ESTRELLA ROGER M & JULIA K 1/2
RAPPAPORT NOAH
PO BOX 9912
INT
223 VINE ST
ASPEN, CO 81612
2334 JEFFERSON AVENUE
ASPEN, CO 81611
BERKELEY, CA 94703
BRUCE MICHELLE MARIE
ERNSBERGER FRED M & RUTH E
WALLACH HOWARD B AND BETTY S
224 VINE ST
1325 NE IOTH AVE
2229 TROY AVE
ASPEN, CO 81611
GAINSVILLE, FL 32605
BROOKLYN, NY 11234
OBR WARREN DEMAYO WILLIAM M PATRASCIOIU ADRIAN N & EMILIE J
5 RUE PORT DE FOURQUEUX 109 ST CLAIR CIR 3016 E HAWTHORNE ST
FORQUEUX FRANCE, 78112 LIGONIERE, PA 15658 TUCSON, AZ 85716
DAMKE LEILANI KAE RAUPP MARVIN L PURCELL EDWARD T
5371 E CALEY AVE 1147 MANHATTAN AVE #223 PURCELL ANNE CELESTE
LITTLETON, CO 80121 MANHATTAN BEACH, CA 90266 P O BOX 1003
ASPEN, CO 81612-1003
SHEEHAN JOHN L DUSK AMBER LAWRENCE THEODORE W
115 FRONT ST 7337 N 46TH CIR PO BOX 5414
MARBLEHEAD, MA 01945-3545 GLENDALE, AZ 85301-2257 SNOWMASS VILLAGE, CO 81615
RICHMOND ILENE H MACE LYNNE PFRIMMER CADGER ROBERT E JR
714 N ROXBURY DR 311 VINE ST PO BOX 4712
BEVERLY HILLS, CA 90210 ASPEN, CO 81611 ASPEN, CO 81612
COOPER MATTHEW MARC JACKSON LAND COMPANY
COOPER NINA ILENE ILLINOIS CORPORATION QUIGLEY PO BOX 8194 MARIE
8341 PLUM CK CT 111 W JACKSON BLVD #1700 ASPEN, CO 81612
LAS VEGAS, NV 89113 CHICAGO, IL 60604
ALFORD CAROLE L POGLIANO FELIX JR BUUCE BARBARA A
POGLIANO LENORE L
316 VINE ST 321 VINE ST
ASPEN, CO 81611 1110 BLACK BIRCH DRIVE ASPEN, CO 81611
ASPEN, CO 81611
COTTRELL RICHARD D
HAYDEN JACK N CRUZ CATALINA
FOERTSCH SHARON A
6356 FORESTER DR CRUZ LAURA O
133 E LAUREL
HUNTINGTON BEACH, CA 92648 PO BOX 2661
LAKE FOREST, IL 60045
ASPEN, CO 81612
HOLDERBACH URSULA WE JOSEPH B III *ABERNATHY LINDA K
4 HORIZON RD STE 1220 LEE BRENDA R 420 SE RIVERSIDE DR
FORT LEE, NJ 07024 131 HOLLY LANE EVANSVILLE, IN 47713
GRENANDA, MS 38901
GREENE ANTHONY F FLETCHER PAUL NAGY ROBERT H - TRUSTEE
50 HAZEL AVE FLETCHER JANET NAGY WENDY AND NAGY TRUST
HIGHLAND PARK, IL 60035-3307 473 WEST END AVE PO BOX 828
NEW YORK, NY 10024 WAUKESHA, WI 53187-0828
RANKIN ROBERT E WHIPPLE RALPH U & LYNNE C DOYLE SHARON KAY
RANKIN JOYCE S - JT TENANTS 855 GIBSON AVE 400 MADISON ST #705
336 VINE ST
81611 ASPEN, CO 81611 ALEXANDERIA, VA 22314-1746
ASPEN, S
WHIPPLE RALPH U & LYNNE C FOX FAMILY TRUST
LANDIS BILL
855 GIBSON AVE FOX CHARLES H - C/O
LANDIS MINDY
ASPEN, CO 81611 1965 NAUTILUS ST
PO BOX 11573
LA JOLLA, CA 92037
ASPEN, CO 81612
GILLETTE INGEBORG A TRUST 1/2 CAMERON ROBERT A & ROBERT A JR AIR WISCONSIN AIRLINES
INT PO BOX 8237 CORPORATION
945 GREEN ST #2 ASPEN, CO 81612 A DELAWARE CORPORATION
SAN FRANCISCO, CA 94133 203 CHALLENGER DR
APPLETON, WI 59415
WARD JOHN E & CAROL S FAINSOD NICHOLAS STRAUSS KENNETH CANFIELD
4932 COMMONWEALTH DR FAINSOD EVA STRAUSS CARLEEN CANFIELD
SARASOTA, FL 34242 DANTE 26 BIS - CLOLNIA ANZURES 205 TAPPAN LN
MEXICO D F, 11590 ORINDA, CA 94563
VELEZ CARMELO E ERB MARY ANN BARDEEN WILLIAM A LIVING TRUST
6116 EXECUTIVE BLVD #800 8401 GREENWOOD DR BARDEEN WILLIAM A - TRUSTEE
29 W 280 IROQUOIS CT N
ROCKVILLE, MD 20852 NIWOT, CO 80503 WARRENVILLE, IL 60555
RAUPP MARVIN L ETS-HOKIN ROBERT ANASTASI JOAN
1147 MANHATTAN AVE 434 VINE ST 435 VINE ST
MANHATTAN BEACH, CA 90266 ASPEN, CO 81611 ASPEN, CO 81611
PINKHAM SYBIL
EKEHOLM KELLY M
DINARDO LORI J
423 LONG HILL DR
511 VINE ST
512 VINE ST
SHORT HILLS, NJ 07078
ASPEN, CO 81611
ASPEN, CO 81611
MOUNTAIN STATES
COMMUNICATIONS
CONNOLLY KEVIN M
CROKE KELLEY
INC
514 VINE ST
515 VINE ST
PO BOX E ASPEN, CO 81611-1593 ASPEN, CO 81611
ASPEN, CO 81612
ANSON CHRISTOPHER D *WAYT MARILYN R
PO BOX 11948 517 VINE ST
ASPEN, CO 81612 ASPEN, CO 81611
MCFADDEN KIMBERLY A COLVER JOHN C
ESTOCK PETER J 855 MOUNTAIN LAUREL DR
522 VINE ST ASPEN, CO 81611
ASPEN, CO 81611
MANDT JULIE K BRUCKER MISSEN LYNETTE
PO BOX 11813 526 VINE ST
ASPEN, CO 81612 ASPEN, CO 81611
BRUCKER HANS E AND TROOST ALBERT
HIGGINS CORIN
PO BOX 3304 PO BOX 4894
ASPEN, CO 81612 ASPEN, CO 81612
MCDERMOTT SHAWN M & SHANNON BARRETT MARIANNE
J DAVIS KELLY O
533 VINE ST PO BOX 2126
ASPEN, CO 81611 ASPEN, CO 81612
BORKOVEC P RICHARD
536 VINE ST
ASPEN, CO 81611-1593
ASPEN SQUARE CONDOMINIUM
ASSOC
CHASE DAVID E C/O
617 E COOPER AVE
ASPEN, CO 81611
MOUNTAIN STATES
COMMUNICATIONS
INC
PO BOX E
ASPEN, CO 81612
DANIEL CARALYN L
621 VINE ST
ASPEN, CO 81611-3267
BOHN GERRY
537 VINE ST
ASPEN, CO 81611
BIERMA RIXT J
CLIFFORD DAVID M
612VINE ST
ASPEN, CO 81611-1594
SMAROLT STEVEN M
PO BOX 8705
ASPEN, CO 81612
ADAMS KAREN
PO BOX 4332
ASPEN, CO 81612
FRIEDLANDER VIVIAN REVOCABLE
TRUST
FRIEDLANDER VIVIAN TRUSTEE
527 VINE ST
ASPEN, CO 81611
GIROD SUZANNE
532 VINE ST
ASPEN, CO 81611-1593
PERKINS TOM
PO BOX 1991
ASPEN, CO 81612
RIGNEY JOHN W & ANNA
538 VINE ST
ASPEN, CO 81611-1593
SLEDGE EARL INC
A CALIFORNIA CORPORATION
465 N MILL #4
ASPEN, CO 81611
PEARCE NANCY D VALLEY ORTHOPAEDIC ASSOCIATES
616 VINE ST A COLORADO GENERAL
ASPEN, CO 81611 PARTNERSHIP
100 EAST MAIN STREET
ASPEN, CO 81611
GOLDMAN SANDRA M
PO BOX 11526
ASPEN, CO 81612
TULLMAN DEBORAH
623 VINE ST
ASPEN, CO 81611
NISHIKAWA HIROATSU MEYER FREDERICK H III & NANCY C SHIEKMAN SALLY A
624 VINE ST MASON 626 VINE ST
ASPEN, CO 81611 625 VINE ST ASPEN, CO 81611
ASPEN, CO 81611-3267
LAGESCHULTE KURT G •BONGIORNO PHILIP & LINDA OWALPOLE JOANNE
PO BOX 5088 PO BOX 4540 631 VINE ST
ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81611
STOCKER JONATHAN L STEPHENSON TERRY ANN HOLZER HANS U
PO BOX 4326 633 VINE ST PO BOX 11928
ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612
MOONEY THOMAS MARKLE CATHERINE E HARMON RANDY R
635 VINE ST PO BOX 9348 PO BOX 11753
ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612
ADAMS RAY VINCENT MARTINSON FREDERICK K DANFORTH DAVID N
638 VINE ST PO BOX 3186 PO BOX 1863
ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612
RACHILLA KALA M BACSANYI KARLA S TRAN DANNY
PO BOX 3184 PO BOX 9226 0716 VINE ST
ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81611
BUETTON STEVEN E & PATRICIA E COTE RICHARD JOSEPH SCHAFFNER JOANNA S
PO BOX 9463 PO BOX 8356 722 VINE ST
ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81611
KRAHE CATHLEEN M TRUST COLLINS CHARLES & JANICE SZCZYGIELSKI BERNADAETTE
PO BOX 11426 531 W GILLESPIE AVE 725 VINE ST
ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611
ARMSTRONG MICHAEL D BARTELL MICHELLE CAREY PATRICIA
PO BOX 9092 43 CANYON ISLAND DR PO BOX 1440
ASPEN, CO 81612 NEWPORT BEACH, CA 92660 ASPEN, CO 81612
STURGIS MARGARET A GOMES PEPPER JAMES EDWARD & EDWARDS TERESA D
731 VINE ST SUSAN R PO BOX 10304
ASPEN, CO 81611 732 VINE ST ASPEN, CO 81612
ASPEN, CO 81611-1595
TIDWELL JOAN BURTCH GEORGE W MANN CATHERINE A & FLOYD C
734 VINE ST PO BOX 8345 736 VINE ST
ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611
VENNER WILLIAM H •SEUBERT KAREN A *SPOFFORD FRANK
PO BOX 1708 738 VINE ST PO BOX 2535
ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612
LAUGHREN DAVID RICHARDS RACHEL E ALLEN VIRGIL G
PO BOX 1625 PO BOX 3393 PO BOX 3765
ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81612
ALLEN LEONARD A KING WANDA JO GEIST SUSAN L
PO BOX 8316 824 VINE ST PO BOX 8431
ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612
CREPPS KAREN E PETROSIUS EDWARD W II BABBITT SUSAN
PO BOX 11773 PO BOX 4199 834 VINE ST
ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81611
WONG MARGARET S-K SHAPIRO HOWARD LEE & JOYCE E HUNTER CREEK COMMONS CORP
PO BOX 8018 836 VINE ST INC
ASPEN, CO 81612 ASPEN, CO 81611 1400 VINE STASPEN, CO 81611
HUNTER CREEK COMMONS CORP HUNTER CREEK COMMONS CORP HUNTER CREEK COMMONS CORP
INC INC INC
1400 VINE ST 1400 VINE ST 1400 VINE ST
ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611
PIERRE SALLY ANN WILSON DOUGLAS L & BEDRISHAH FERGUSON ROBIN PATRICIA
101 WILLIAMS WAY PO BOX 10092 PO BOX 2691
ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611
KNUTSON BRUCE C & LISA MORAN JAMES T AND MARY SMUGGLER HUNTER TRUST
104 WILLIAM WY #E104 688 SPRUCE ST ALEY ELIZABETH TRUSTEE
ASPEN, CO 81611 ASPEN, CO 81611 0002 WILLIAMS WAYASPEN, CO 81611
DE LISE DONALD LEE CUNNINGHAM ROBERTA J OATES SARAH M
PO BOX 345 PO BOX 9211 112 FREE SILVER CT
WOODY CREEK, CO 81656 ASPEN, CO 81612 ASPEN, CO 81611-3209
SANDVOLD DIANE L HOLGATE HOWARD B PEKKALA EVA CPEKKALA ERIC W
PO BOX 4114 114 FREE SILVER CT
PO BOX 936
ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612
PALMAZ ALEJANDRO *BALL DAVID S *PASTERNAK CAROL ANN
ROBREDO MARIA T 119 FREE SILVER CT 120 FREE SILVER CT
PO BOX 9755 ASPEN, CO 81611-3210 ASPEN, CO 81611
ASPEN, CO 81612
MCCRORY CHARLES B JR CARP RESA ANNE SPAROVIC CHRISTINE
PO BOX 3512 A LIMITED PARTNERSHIP 123 FREE SILVER CT
ASPEN, CO 81612 PO BOX 10432 ASPEN, CO 81611
ASPEN, CO 81612
LEE CRISTAL SABARESE WILLIAM F BRACHER KIMELISE M
124 FREE SILVER CT 205 S MILL ST #224 PO BOX 4002
ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612
STONE FRANCES PATRICIA SALVADORE TERESA BEACH CATHERINE A
PO BOX 3870 ARMSTRONG JOHN B PO BOX 8432
ASPEN, CO 81612 129 FREE SILVER CT ASPEN, CO 81612
ASPEN, CO 81611
DEVILBISS JUDSON E WOLFF SUZANNE L SKARVAN ERIK S
PO BOX 5012 PO BOX 1686 215 FREE SILVER CT
ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81611-3213
OLSEN DEANNA K CORBETT PAUL CHARLES ROBERTS CHARLES W
220 FREE SILVER CT PO BOX 2884 11 MADISON CIR
ASPEN, CO 81611 ASPEN, CO 81612 GREENFIELD, MA 01301
MERKEL WERNER BARBOUR REGINALD DONN CAYE ANNE-MARIE
PO BOX 9971 PO BOX 4194 225 FREE SILVER CT
ASPEN, CO 81612 ASPEN, CO 81612-4194 ASPEN, CO 81611
FERRO TESS SAMET JEANNE E HANAH CHERYL M
PO BOX 8563 PO BOX 8596 313 FREE SILVER CT
ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81612
NORMAN JUDY KAY KLEIN RICHARD LAIRD WOLFGANG SILVERMAN KAREN E
314 FREE SILVER CT PO BOX 737 PO BOX 2615
ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612
SIMMONS SUSAN KULZER DENNIS CROSS EDWARD T
319 FREE SILVER CT 320 FREE SILVER CT CROSS SUSAN K
PO BOX 1843
ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612
GREEN GWENDOLYN RENEE &
DAVID C
AS JOINT TENANTS
323 FREE SILVER CT
ASPEN, CO 81611
EIRMAN THOMAS F
4931 NE 36TH AVE
PORTLAND, OR 97211-7621
JOHNSON TAMAR
PO BOX 3549
ASPEN, CO 81612
MOONEY MICHAEL J
MOONEY TIMOTHY W
PO BOX 3452
ASPEN, CO 81612
LOPER GLENN & LAURIE ROSEDALE
PO BOX 5061
ASPEN, CO 81612
UZZELLE KATHLEEN T
217 TEAL CT
ASPEN, CO 81611
• LAFFERTY & HEATHER SS
TOTTENHOFF JOHN P
MICHAEL P
324 FREE SILVER CT
A LIMITED PARTNERSHIP
ASPEN, CO 81611
325 FREE SILVER CT
ASPEN, CO 81611
READER WILLIAM
327 FREE SILVER CT
ASPEN, CO 81611
SCHLUNDT SUSAN
412 FREE SILVER CT
ASPEN, CO 81611
KOCSIS LAURIE A
NESS COLIN EC AS JOINT TENANTS
422 FREE SILVER COURT
ASPEN, CO 81611-3226
BROWNSTEIN AMY
PO BOX 8153
ASPEN, CO 81612
KAPPELI KIMBERLY K
216 TEAL CT
ASPEN, CO 81611
KOCIELA DANIEL A JENKINS MAURI JANE
212 TEAL CT JENKINS JANE J
ASPEN, CO 81611 PO BOX 4152
ASPEN, CO 81612
ZUEHLKE WILLIAM M MARQUIS JANET L
PO BOX 806 PO BOX 2712
ASPEN, CO 81612 ASPEN, CO 81612
BRAUNIG MARTHA J MINK KATHLEEN
PO BOX 761 224 TEAL CT
ASPEN, CO 81612 ASPEN, CO 81611
DANFORTH ALISON C LEVERSON JANET V
PO BOX 3763 221 TEAL CT
ASPEN, CO 81612 ASPEN, CO 81611
JOSEPH MARK C
329 FREE SILVER CT
ASPEN, CO 81611
KLONOWSKI JOHN A
420 FREE SILVER CT #D201
ASPEN, CO 81611
TERKUN MARK
PO BOX 329
ASPEN, CO 81612
LUTGRING TAZ MARIE
PO BOX 11392
ASPEN, CO 81612
INNES JENNY A
1240 E COOPER AVE
ASPEN, CO 81611
MATTHEWS NANCY ANN
PO BOX 1370
ASPEN, CO 81612
FRANCIS LESLEE K & ROBERT A
226 TEAL CT
ASPEN, CO 81611
GANCSOS JOHN MARTIN
ANDERSON MARILYN
PO BOX 11205
ASPEN, CO 81612
CARNEY TIMOTHY J
PO BOX 12190
ASPEN, CO 81612
MCWILLIAMS TONI
PO BOX 10938
ASPEN, CO 81612
CARROLL TWILA
314 TEAL CT
ASPEN, CO 81611
DRESSLER ROBERT C JR
310 TEAL CT UNIT P 110
ASPEN, CO 81611
GOKEY REED
327 TEAL CT
ASPEN, CO 81611-3256
O'DRISCOLL KEVIN
DRISCOLL JOSEPH
PO BOX 9995
ASPEN, CO 81612
WHEELER PATRICIA A
WHEELER KEITH A AS JT TENANTS
PO BOX 3513
ASPEN, CO 81612
STAUTH PATRICIA C
412 TEAL CT
ASPEN, CO 81611
MACKAY SANDRA L
PO BOX 3431
ASPEN, CO 81612
KESSLER DIANE & CHUCK
420 TEAL CT #Q206
ASPEN, CO 81611-1566
OGRINSTEAD LAURA L
HULEY MARC J
317 TEAL COURT
ASPEN, CO 81611
ZACHARY MARC
PO BOX 4494
ASPEN, CO 81611
OTTE GAIL D
329 TEAL CT
ASPEN, CO 81611
SOYKA FREDERICK K
HOBAN SONYA L
326 TEAL COURT
ASPEN, CO 81611
KIRKHOFF TRACY A
323 TEAL CT
ASPEN, CO 81611
KENNAMER SANDRA
PO BOX 11947
ASPEN, CO 81612
PARKER ANNE LISE
410 TEAL CT
ASPEN, CO 81611
STEWART CHRISTOPHER W
422 TEAL CT
ASPEN, CO 81611
LAING SALLY
415 FREE SILVER CT
ASPEN, CO 81611
•FORSEILLE JULIA S
315 TEAL CT
ASPEN, CO 81611
PRZYBYLSKI ALBERT L
312 TEAL CT
ASPEN, CO 81611
KILLIAN LINDA H
328 TEAL CT
ASPEN, CO 81611
TYLER MICHAEL & LISA
PO BOX 10564
ASPEN, CO 81612
ROSENBERG CHARLES WILLIAM
ROSENBERG JANICE MARY
322 TEAL COURT
ASPEN, CO 81611
SMITH KENNETH M
PO BOX 11334
ASPEN, CO 81612
BYRNE PHILIP J
424 TEAL CT
ASPEN, CO 81611
GOLLNER HERMANN
421 TEAL CT
ASPEN, CO 81611-1566
MORRELL CONSTANCE G
PO BOX 5121
ASPEN, CO 81612
CENTENNIAL ASPEN WILLIAMS RANCH JOINT VENTURE WILLIAMS RANCH JOINT VENTURE
A LIMITED PARTNERSHIP C/O MARK IV INC MARK IV INC -C/O
100 LUKE SHORT CT 3214 CAMPANIL DR 3214 CAMPANIL DR
ASPEN, CO 81611 SANTA BARBARA, CA 93109 SANTA BARBARA, CA 93109
LIPTON HUNTER • •
7324 MAHOGANY BEND CT
BOCA RATON, FL 33434
•
E
September 28, 1998
Debbie Fuller
1 st Nationwide Mortgage
Department 1009
5280 Corporate Drive
Frederick, MD 21701-7701
Re: 2 Williams Way, Aspen, Colorado
ASPEN - PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
Dear Ms. Fuller:
The above captioned property is approximately 43,560 square feet in its current
configuration. The applicant, Smuggler Hunter Trust, is requesting to subdivide the
property, providing 'one residential parcel of 27,001 square feet within the RMF-A Zone
District, and one park parcel of 16,559 square feet proposed for the Park Zone District.
As proposed, the two parcels comply with all aspects of Aspen's Zoning Ordinance. The
subdivision and rezoning requests are subject to approval by the Aspen City Council.
Please let me know if you need further clarification.
Sincerely,
Christopher Bendon, Planner
City of Aspen
cc. Maxwell Aley
130 SOUTH GALENA STREET - ASPEN, COLORADO 81611-1975 • PHONE 970.920.5090 • FAX 970.920.5439
Printed on Recycled Paper
�i
09/22/1998 16:25 3039255376
•
MAXWELL ALEY
•
PAGE Ell
MAxWELL ALEY
Attorney and Coin at Law
Sepwmber 22, 1998
Chris Bendon
Community Development Department
City of Aspen
130 South Galena Street
Aspen, co 81611
Subdivision -Rezoning Application
for 0002 Williams Way, Aspen
pear Chris:
3937 P 10 Lane
paonia, CO 81428
Trlephone:
(970)527-5651
FAX 527-5355
VIA FACSIMILE TRANSMISSION TO,
(970) 920-54.19
in order to obtain the partial release of the first lienholder in connection with the captioned
matter, we need to show the lender a statement (letter) from the City of Aspen stating that
the change is the dimensions of the subject property meet zoning requirements.
Would you be kind enough to supply such a letter or have the appropriate official do so? It
should be addressed to the followin}:
1` Nationwide Mortgage
% Department 1009
5280 Corporate Drive
Frederick, MD 2I701-7701
Attention: Debbie Fuller
cc: Maxwell Aley at above address
Such action will expedite (w closing with the City.
' 1 09/22/1998 16: 25
3039255376
•
MAXWELL ALEY
•
PAGE 02
Sgftmb i 22. 19%
PL C two
I will be cxpe g Silo tD TaxiYC a le"Er fim ym Sb&4 t off w*:Stkm is
i hate to bG pushy this, but if ym mold a pi3m +c k the P & Z Agoods to see if we
cm ft i1 w a p[ C vacmr y at the 04*1 1OC a mmb". dom i5 WA fimw to pIrA and
fwA - bure{y.
Sol..
MawcH Aky
•
Mr. Maxwell Aley
3937 P 10 Lane
Paonia, CO 81428
ASPEN • PITKIN
CmMUNrrY DEVELOPMENT DEPARTMENT
September 29, 1998
RE: 0002 Williams Way FAR Calculations
Dear Mr. Aley:
I am in receipt of your letter dated September 15, 1998 requesting clarification in
reference to the Land Use Code definition of Lot Area. After further discussion with you
on the telephone and with our City Attorney, David Hoefer; I would like to offer the
following interpretation as it relates to your specific property. Apparently at issue is what
is determined to be a "surface easement". According to the definition of Lot Area, the
calculation for FAR is reduced as follows:
"Also excluded from total lot area for the purpose of floor area
calculations in all zone districts is that area beneath the high water line of a
body of water and that area within an existing or proposed dedicated right-
of-way or surface easement. Lot area shall include any lands dedicated to
the City of Aspen or Pitkin County for the public trail system...
It is my understanding that it is your intention to maintain a 27,001 s.f lot size following
the dedication of a 6,000 s.f. parcel to the Parks Dept. and a 16,000 s.f. recreation
easement in order to allow you to maintain a conforming lot size in the RMFA zone
district. Staff believes that it was the intent of the language to include (for FAR
calculation purposes) that area intended for recreation purposes. You would be required,
however, to deduct the 5500 s.f. right-of-way easement. As a result, the FAR which
would be allowed to be built on your lot would be as follows (based on use):
Single .Family residence: 4345 s.f.
Duplex: 4765 s.f.
Multi -family: 7740.36 s.f.
130 SOUTH GALENA STREET • ASPEN, COLORADO 81611-1975 - PHONE 970.920.5090 • FAX 970.920.5439
Printed w Rm clad Paper
If you have any other questions regarding this interpretation related to your property,
please let me know.
,!Kincerely,
Julie Ann Woods, A.I.C.P.
Interim Community Development Director
cc: Amy Margerum, City Manager
David Hoefer, City Attorney
Jeff Woods, Parks Dept.
Sara Thomas,. Zoning Officer
Lot 43,560 (- 5500) = 38,060
�gle Family = 5170 _
Duplex = �, - S s3
Multi -Family = 13,70'
Lot 27,001 (- 5500) = 21,501
male Family = 4345
•duplex = 4765
uMulti-Family = 7740.36
Lot 20,500 (-5500) = 15,000
£'single Family = 4020
-Bruplex = 4440
Multi -Family = 15,000
-Vl u /I e a.,., —
jumhers f&-7
01/06/1995 06:58
3039255376
•
MAXWELL ALEY
PAGE 01
MAXWELL A"Y
Attorney and Connselar Id LAW
Saptamber 15, 1999
Julie Ant Woods
Planner
Aspen/Pitco Planning
Community Development Deprtment
130 South Galaaa Street
Aspen, CO 91611
0002 Williams Way
3937 P 10 Lane
Paonia, CO 81428
Telq)hoae:
(970) 527-5651
FAX 327-5555
VIA FACSIMILE TRANSMISSION TO:
(970) 920-5439
iLml- P
Aspen, CO 111611 C% r,!:-* -.) e o.,.e . -a � r U� f c,4.--
Dear Julie Ann: c-
Several months ago I Woke to you on the telephone, at the suggestion of unny ;V nn
regarding the interpretation the City of Aspen Land Use Code with particular reference
to the definition Lot Area Under that text the area of a city stroct is dedacted from the
area of the lot the ugod for calculating FAR (floor area), twt you laid me that the
language would not have the effect of a reduction for am utilized for other easements such
as the City perk easement that is ft subject of a contmct between the City of Aspen and
the owner of the subject property- U
When 1 read the Code language I found it less than crystal clear on the issue.
Consequently, your interpretation was a helpful clarification. It was also Sunny Vann' s
interpretation.
Because the matter is needed for guidance in calculating FAR for the subject property, I
hereby request a letter from you or some other authorized official of the Community
Developmad Department confirming your interpretation.
you may recall that we filet personally at the sympodum on Historic Presmation some
weeks ago
or d,0
01/06/1995 06:58
3039255376
•
MAXWELL ALEY
•
PAGE 02
Julie Ann W oo[l.5
September 15, 1998
Page two
As you can see from my new address, I have moved to Paonia with my family, where we
will probably be dealing with Historic Presetwation in the future. There are a few very nice
old Victctirians here, one of which is ours.
At present Delta County has no land use code, mor building code, which makes life at least
simpler.
I will be most grateful for your assistasrce on this matter.
txnu-4�
Maxwell Aley
cc: Bill Stuffing
inch Wagar
•
•
MAXW ELL ALEY
Attorney and Counselor at Law
February 23, 1998
David Hoefer
Assistant City Attorney
City of Aspen
130 South Galena Street
Aspen CO 81611
VIA HAND DELIVERY
Sale of Park at 0002 Williams Way
Dear David:
0002 Williams Way
Aspen, Colorado 81611
(970)-925-5376
Fax &. telephone
�1y?324�5
,s
FEBeA
�ssa N
�o City Attorneys
Office
r'
" SV
C` 'V
We want to proceed with the contract for the sale of the Park, but we would like the
opportunity to meet with the City Council in executive session to try to negotiate a
perpetual easement for the entire park property in order to preserve our present FAR's
in light of the low price the City is paying_
I have previously requested that the City Attorney's Office furnish us with a letter
indicating an intent by the City to condemn the park property if no purchase
agreement is completed. As a form, I gave you a copy of the letter furnished to us by
the Pitkin County Attorney when we negotiated the exchange -purchase of this property
in 1993. Such a letter from the City could give us a substantial tax saving. I would
appreciate a response on this issue.
I also want a statement or representation by the City in the Contract that the Lot Area
for purposes of floor area calculation is deemed to include the ground that is covered
by the park easement in view of the fact that the Code definition of Lot Area can be
interpreted otherwise, as Christopher Bendon did. Sarah Thomas and Sunny Vann both
interpret the Code as I request the City acknowledge.
I understand that the next Council meeting will be today, February 23rd. Please let me
know if we may meet with Council this evening.
Cordially,
6.-O�Wk4 I
Maxwell Aley
cc: Amy Margerum
Jeff Woods
C
E
•
ALEY PROPERTY
Currently listed in the newspaper for $1,095,000
Total site: 43,560 square feet
Deeded restricted open space parcel: 23,060 square feet
Remainder: 20,500 square feet
The original proposal to the City from the Aley's was to purchase the open
space parcel (23,060 square feet) for purposes of a park, subject to the County
lifting the open space deed restriction.
Mr. Aley indicated that he wanted the lot to be a legal conforming lot in the
RMFA zone district, which would require a minimum lot size of 27,001.
The City Parks Department. obtained an appraisal for the open space parcel.
The appraisal noted that "the basic contibution to value, of owning this
portion of the subject property, is the additional allowable Floor Area it
contributes to the overall property."
The appraisal took into account the loss of value to the property from the
loss of the open space and determined that the loss would be $135,500 to
$169,500. The appraisal contemplated a potential reduction in FAR for a
single family residence from 5170 square feet to 4020 square feet; a potential
reduction in FAR for a duplex from 5550 square feet to 4440 square feet,
and a potential increase in FAR for a multi -family residence from 13,703 square feet
to 15,000 square feet.
The City entered into a contract with the Aleys in which the Aleys would
retain title to 27,001 square feet (the minimum lot size permitted in the
RMMFA zone district). The City would receive title to 16,559 square feet
(to be used for park land) and would also receive a perpetual easement on the
Aley property for 6453 square feet (less a small parcel that the Aleys would
use for parking). The park would have to be used as a passive park for children.
The price to the City was to be $175,000. (The sale would be contingent on the
County lifting their open space restriction).
This would actually increase the FAR numbers from those contemplated by the
appraisal.
•
E
ALEYS CURRENT FAR BEFORE ANY SALE)
Lot 43,560 (- 5500) = 38,060
Single Family = 5170
Duplex = 5550
Multi -Family = 13,703
ALEY'S FAR AS CONTEMPLATED BY THE APPRAISAL:
Lot 20,500 (-5500) = 15,000
Single Family = 4020
Duplex = 4440
Multi -Family , = 15,000
PROJECT:
4kLAND USE APPLICATION
APPLICANT:
Name: SMUGGLER HUNTER TRUST SUBDIVISION & REZONING
Location: 0002 Williams Way, Aspen, CO 81611
(indicate street address, lot & block number, legal description where appropriate)
Name: Smuggler Hunter Trust, Elizabeth Aley, Sole Trustee
Address: 3937 P 10 LaneG, C`)c(�
i
Phone#: (970) 527-5651
REPRESENTATIVE:
Name: Maxwell Alen, Attorney at Law
Address: 3937 P 10 Lane
Phone#: (970) 527-5651
YPE OF APPLICATION: (please check all that apply):
❑
Conditional Use
❑
Conceptual PUD
❑
Conceptual Historic Devt.
❑
Special Review
❑
Final PUD (& PUD Amendment)
❑
Final Historic Development
❑
Design Review Appeal
❑
Conceptual SPA
❑
Minor Historic Devt.
❑
GMQS Allotment
❑
Final SPA (& SPA Amendment)
❑
Historic Demolition
❑
GMQS Exemption
®
Subdivision & Rezoning
❑
Historic Designation
❑
ESA - 8040 Greenline, Stream
❑
Subdivision Exemption (includes
❑
Small Lodge Conversion/
Margin, Hallam Lake Bluff.
condom iniumization)
Expansion
Mountain View Plane
❑
Lot Split
❑
Temporary Use
❑
Other:
❑
Lot Line Adjustment
❑
Text/Map Amendment
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
A duplex residence is located on the North end of the one (1) acre property,
on the N. side of Williams Way. The portion So. of the street is vacant and!
undeveloped.
PROPOSAL: kaescnpuon of proposeu ounuuigs, usCs, uiuuii►L;dL1V1n, UU-)
The vacant portion of the property South of Williams Way will be sold to
the City of Aspen and developed as a passive, neighborhood City park.
Have you attached the following?
Pre -Application Conference Summary
❑ Attachment # 1, Signed Fee Agreement
❑ Response to Attachment 42, Dimensional Requirements Form
❑ Response to Attachment #3, Minimum Submission Contents
❑ Response to Attachment #4, Specific Submission Contents
❑ Response to Attachment #5, Review Standards for Your Application
FEES DUE: $exempt per contr
0
MAXWELL ALEY
Attorney and Counselor at Law
September 11, 1998
Christopher Bendon, ASLA
Planner
Aspen/Pitkin County
Development Department
130 South Galena Street
Aspen, CO 81611
Smuggler Hunter Trust Subdivision
and Rezoning Application for City
Park at 0002 Williams Way, Aspen
Dear Chris:
3937 P 10 Lane
Paonia, CO 81428
Telephone:
(970) 527-5651
FAX 527-5555
This application is for a combined subdivision and rezoning of the southerly 16,559 sq. ft.
of the Applicant's property at 0002 Williams Way in the City of Aspen, Colorado, so that
it may be conveyed to the City of Aspen for the purposes of creating a passive,
neighborhood park under the jurisdiction of the Aspen Parks Department. See, the Plat
submitted with this application.
In addition, the portion of the property lying between the land to be conveyed and
Williams Way on the North, comprising approximately 6,453 sq. ft., will be subject
to a perpetual easement running in favor of the City of Aspen to be used for the same
purpose. The reason such portion will not be conveyed is because it comprises part of the
necessary minimum lot size of 27,001 sq.ft. required by the R/MFA Zone District in
which the property is located. Please refer to the Plat. Rezoning of the Sourtherly portion
to be deeded is necessary because it will comprise a substandard size lot, which will be
designated on the Zoning Map as Park.
Existing conditions are as follows: the land for the park is vacant and undeveloped, with
several clumps of trees, generally level but sloping down on the West side into a heavily
treed area of Cottonwoods and Willows. Although it is located in the EPA Toxic Waste
Site, it was remediated by the EPA in recent years by means of the application of at least
one -foot of top soil to seal off the contaminated soil, and, consequently, landowner liability
has been mitigated.
The City Parks Department plans to landscape the area further, add picnic tables and play
equipment for young children and may create not -to -exceed four parking spaces indented
into the existing curb and gutter on the West side of Spruce Street.
Subdivision and Rezoning Combined Review is a two-step process, requiring public
hearings, duly noticed by publication and mailing, by both the Planning and Zoning
Commission and the City Council.
Pursuant to our Pre -Application Conference on August 28, 1998, I submit herewith 25
copies of the subject application on behalf of the Applicant and owner of the property,
Smuggler Hunter Trust, Elizabeth Aley, Sole Trustee, together with the following
attachments:
1. Pre -Application Conference Summary.
2. Attachment #1, proof of waiver of fee agreement.
3. Response to Attachment #2, not applicable.
4. Response to Attachment #3, minimum submission contents.
5. Response to Attachment #4, Specific Submission Contents.
6. Response to Attachment #5, Review Standards for this Application
Sincerely,
eall
Maxwell Aley
cc: David Hoefer, Esq.
Assistant City Attorney
w/enclosures
Rebecca Schickling, City Parks
w/enclosures
PLANNER:
PROJECT:
REPRESENTATIVE:
OWNER:
TYPE OF APPLICATION
DESCRIPTION:
Land Use Code Section(s)
26.88 Subdivision
26.92 Rezoning
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
Chris Bendon, 920.5072 DATE: 8.28.98
Aley Subdivision and Rezoning
Maxwell Aley
Maxwell Aley. 2 Williams Way; Aspen, CO 81611
2 Step. PZ and CC
Subdivision of portion of parcel across the street from existing residence for transferal to
City for a City Park. Rezoning to Park
Review by:
Staff for completness, Development Review Committee (DRC) for technical considerations,
Planning and Zoning Commission for recommendation to City Council, City Council for final
consideration.
Public Hearing:
Yes, public hearing(s) are at P&Z (and at second reading of the ordinance by City Council).
Applicant must post property and mail notice at least 10 days prior to hearing, or at least 15 days
prior to the public hearing if any federal agency, state, county, municipal government, school,
service district or other governmental or quasi -governmental agency owns property within three
hundred (300) feet of the property subject to the development application . Applicant will need
to provide proof of posting and mailing with a affidavit at the public hearing.
Referral Agencies:
Engineering, Parks, Zoning
Planning Fees:
Planning Deposit, Major (12 hours) ($2160)
Referral Agency Fees:
Engineering Fee, Major ($270);
Total Deposit:
$2,430 (additional hours are billed at a rate of $180/hour) Please show proof of waiving land use
fees.
To apply, submit the following information:
I . Proof of ownership.
2. Signed fee agreement. -- Dr, Co-itat-4-P ,Z w,_ feet.
3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name,
address and telephone number of the representative authorized to act on behalf of the applicant.
4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a
current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado,
listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and
agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application.
5. Total deposit for review of the application
6. 25� Copies of the complete application packet and maps. Submit One to Planner first.
HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1 /ea.; Planning Staff = 2
7. An 8 1/2" by I I" vicinity map locating the parcel within the City of Aspen.
8. Site improvement survey including topography and vegetation showing the current status, including all
easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of
Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if
the project is determined not to warrant a survey document.)
9. Additional materials as required by the specific review. Please refer to the application packet for specific
submittal requirements or to the code sections noted above.
10. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application. Please include
existing conditions as well as proposed.
1 l . List of adjacent property owners within 300' for public hearing.
12. Copies of prior approvals (Land use waiver contract)
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is
subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a
legal or vested right.
Smuggler Hunter Trust Subdivision Application
ATTACHMENT #1
No Fee Agreement with the City of Aspen is required because, pursuant to the
terms of the Contract for Purchase between the Applicant, as Seller, and the City, as
Buyer, the fees are waived. Copy of said agreement is attached hereto_
CONTRACT TO BUY AND SELL REAL ESTATE
VACANT LAND
1. PARTIES AND PROPERTY: The City of Aspen, Colorado, hereinafter referred
to as "Buyer," agrees to buy and Smuggler Hunter Trust, with Elizabeth Aley as sole
trustee, hereinafter referred to as "Seller," agrees to sell, contingent on the terms and
conditions set forth in this contract, the following described real estate in the County
of Pitkin, State of Colorado:
See the legal description set forth in Exhibit "A" attached hereto and incorporated
herein by reference.
The real estate is further known as the open space parcel located at 0002 Williams Way,
Aspen, Colorado 81611. The sale includes all interest of the Seller in vacated streets
and alleys adjacent thereto and all easements and other appurtenances thereto, except
as expressly excluded herein.
2. PURCHASE PRICE AND TERMS: The purchase price shall be one hundred
and seventy-five thousand dollars ($175,000.00), payable in United States dollars by
Buyer as follows:
Cash at closing: One hundred seventy-five thousand dollars ($175,000.00) to be paid
by Buyer at closing in funds which comply with all applicable Colorado laws.
3. CONDITIONS: The contract to buy and sell is subject to the following conditions:
a. The Buyer is purchasing the property for the purpose of creating a neighborhood city
park which shall be perpetually deed restricted for such purpose by the
conveyance to be made herein, subject to the "rule against perpetuities,"
and shall be deed restricted for a period of ten (10) years as a passive park which
shall emphasize usage by small children and families and whicH maybe equipped
with picnic tables and playground equipment. During the ten (10) year period,
no volleyball, skateboard, or basketball facility shall be provided in the park. AU
toilet facility shall be screened from view of the Seller's residence located at
0002 Williams Way, Aspen, Colorado.
b. The Buyer shall provide no more than four (4) additional parking spaces off of
Spruce Street for city park purposes, including one handicapped parking space.
The north end of the city park shall not provide for any motor vehicle
parking off of Williams Way.
0
c. The north end of the city park shall be screened from the Seller's house by
landscaping such as trees and shrubs.
d. A condition of closing shall be the approval of the subdivision of Seller's property
to be conveyed and used for park purposes hereunder in accordance with all Aspen
City Code provisions. The Seller shall apply for the subdivision. The Buyer shall
waive all city fees in connection with the application. A further condition of this
contract shall be that the Seller's remaining property after the closing of the contract
shall be a legal lot (minimum 27,001 sq_ ft.) pursuant to the R/MFA zoning district.
If the. subdivision process is not completed by December 31, 1998, this contract may
be deemed null and void without penalty at the option of the Seller or the Buyer.
e. A further condition of this contract that the Seller obtain the removal by
Pitkin County, Colorado, of the open space deed restriction described in the
Improvement and Development Deed Restriction dated November 11, 1993, and
recorded in Book 731 at Page 218 in the office of the Clerk and Recorder of Pitkin
County, a copy of which is attached hereto as Exhibit "B." Unless such restriction
is removed before December 31, 1998, this contract may be deemed null and void
without penalty at the option of the Seller or the Buyer.
The Seller shall execute and deliver at closing a perpetuaI easement for the city
park in the form attached hereto as Exhibit "C" covering that portion of the Seller'
remaining Dronertv lvin2 on
1e of Williams Way.
g. Prior to closing and delivery of the deed and easement hereunder, Buyer shall obtain,
at its sole cost and expense, survey descriptions for the property and the easement,
which shall be substituted for the descriptions used in Exhibit "A" and Schedule
"1" of Exhibit "C" of this contract.
h. This contract shall be governed by and construed in accordance with the laws of the
U State of Colorado.
i. The Aspen City Council must approve this contract before the authorized officials
of the City can accept the same.
j. All covenants of this contract required to be performed by the Buyer shall survive
the closing and be specifically enforceable thereafter.
k. Unless otherwise provided herein, all notices and information required herein shall
be deemed to have been properly given or transmitted if and when deposited, certified
and postage prepaid, in the United States mail or transmitted by facsimile, addressed
to the parties at the addresses and to the attention of the representatives indicated
below:
2
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Buyer: City Attorney
City of Aspen
130 South Galena
Aspen, CO 81611
(970) 920-5055 (telephone)
(970) 920-5119 (fax)
Seller: Maxwell Aley
Attorney at Law
No. 2 Williams Way
Aspen, CO 81611
(970) 925-5376 (telephone and fax)
Either party may change its address for purposes of this agreement by giving written
notice to the other party in accordance with the provisions of this paragraph.
1. If an action is brought to enforce any obligation herein, or if an action is brought
as a result of any breach of a representation or warranty set forth herein, the
prevailing party shall be entitled to recover such costs and expenses as may have
been properly incurred by the party in enforcing his or her rights herein, including
but not limited to reasonable attorneys fees, costs of suit, and costs of any appeal.
The term action shall be deemed to include any alternative dispute resolution.
w
m. In any event, if this contract is not closed by December 31, 1998, Seller may
terminate this contract by giving notice to Buyer.
4. NOT ASSIGNABLE: This contract shall not be assignable by Buyer without Seller's
written consent . Except as so restricted, this contract shall inure to the benefit
of and be binding upon the heirs, personal representatives, successors and assigns of
the parties.
5. EVIDENCE OF TITLE: Seller shall furnish to Buyer, at Seller's expense, either
a current commitment for owner's title insurance policy in an amount equal to the
purchase price or at Seller's choice an abstract of title certified to a current date, on or
before five days after City Council approval of the contract ("title deadline"). If a title
insurance commitment is furnished, Buyer may require of Seller that copies of
instruments (or abstracts of instruments) listed in the schedule of exceptions in the title
insurance commitment also be furnished to Buyer at Seller's expense. This requirement
shall pertain only to instruments shown of record in the Office of the Clerk and Recorder.
of Pitkin County, Colorado. The title insurance commitment, together with any copies or
abstracts of instruments furnished pursuant to this section constitute the "title
documents." Buyer must require Seller in writing to furnish copies of abstracts of
instruments listed in the schedule of exceptions no later than ten (10) calendar days after
the title deadline. If Seller furnishes a title insurance commitment, Seller will pay the
3
•
premium at closing and have the title insurance policy delivered to Buyer as soon as
practicable after closing.
6. TITLE:
a. Title Review: Buyer shall have the right to inspect the title documents or abstract.
Written notice by Buyer of unmerchantability of title or of any other unsatisfactory
title condition shown by the title documents or abstract shall be signed by or on
behalf of Buyer and given to Seller on or before ten calendar days after the title
deadline, or within ten (10) calendar days after receipt by Buyer of any title document
or endorsement adding new exceptions to the title commitment together with a copy
of the title document adding new exceptions to title. If Seller does not receive Buyer's
notice by the date specified above, Buyer accepts the condition of title as
disclosed by the title documents as satisfactory. -
b. Matters Not Shown by the Public Records: Seller shall deliver to Buyer on or
before the title deadline true copies of all leases and surveys in Seller's possession
pertaining to the property and shall disclose to Buyer all easements, liens, or other
title matters not shown by the public records of which Seller has knowledge. Buyer
shall have the right to inspect the property to determine if any third party has any right
in the property not shown by public records. Written notice of any unsatisfactory
condition disclosed by Seller or revealed by such inspection shall be signed by or
on behalf of Buyer and given to Seller on or before ten calendar days after receipt by
Buyer of any title matter not shown by the public records. If Seller does not
receive buyer's notice by said date, Buyer accepts title subject to such rights, if any,
of third parties of which Buyer has actual knowledge.
c. Special Taxing Districts: Special taxing districts may be subject to general
obligation indebtedness that is paid by revenues produced from annual tax levies
on the taxable property within such districts. Property owners in such districts may
be placed at risk for increased mill levies and excessive tax burdens to support
the servicing of such debt where circumstances arise resulting in the inability of
such a district to discharge such indebtedness without such an increase in mill
levies. Buyer should investigate the debt financing requirements of the authorized
general obligation indebtedness of such districts, existing mill levies of such district
servicing such indebtedness, and the potential for an increase in such mill levies.
In the event the property is located within a special taxing district and Buyer desires
to terminate this contract as a result, if written notice is given to Seller on or before
the date set forth in subsection .6, this contract shall then terminate.
d. Right to Cure: If Seller receives notice of unmerchantability of title or any other
unsatisfactory title condition as provided in subsections a and b above, Seller
shall use reasonable effort to correct said unsatisfactory title condition prior to the
date of closing. If Seller fails to correct unsatisfactory title conditions on or before
4
the date of closing, this contract shall then terminate, provided, however, that Buyer
may by written notice received by Seller, on or before closing, waive any objection
to said unsatisfactory title condition.
7. DATE OF CLOSING: The date of closing shall be by mutual agreement but not
later than December 31, 1998.
8. TRANSFER OF TITLE: Subject to tender of payment at closing as required herein
and compliance by Buyer with the other terms and provisions hereof, Seller shall execute
and deliver a good and sufficient special warranty deed to Buyer on closing, conveying
the property free and clear of all taxes except the general taxes for the year of closing.
Title shall be conveyed free and clear of all liens for special improvements installed as of
the date of buyer's signatures hereon, whether assessed or not .
9. PAYMENT OF ENCUMBRANCES: Any encumbrance required to be paid shall be
paid at or before closing from the proceeds of this transaction or from any other source.
10. CLOSING COSTS, DOCUMENTS, AND SERVICES: Buyer and Seller shall
pay, in good funds, their respective closing costs and all other items required to be paid at
closing except as otherwise provided herein. Buyer and Seller shall sign and complete all
customary or required documents at or before closing. Fees for real estate closing
services shall not exceed three hundred dollars ($300.00) and shall be paid at closing one
half by Buyer and one half by Seller. Any local transfer tax shall be paid by Seller. Any
sales and use tax that may accrue because of this transaction shall be paid when due by
Seller.
11. PRORATIONS: General taxes for the year of closing, based on the taxes for the
calendar year immediately preceding closing, if any shall be prorated to date of closing.
12. POSSESSION: Possession of the property shall be delivered to Buyer on delivery of
deed. If seller after closing fails to deliver possession on the date herein specified
the Seller shall be subject to eviction and shall be additionally liable to the Buyer for
payment of $250 per day from the date of agreed possession until possession is
delivered.
13. CONDITION AND DAMAGE TO PROPERTY: Except as otherwise provided in
this contract, the property and inclusions shall be delivered the condition existing as of
the date of the contract,. In the event the property shall be damaged by fire or other
casualty prior to time of closing, Seller shall be obligated to repair the same before the
date of closing. If the property cannot be returned to its original state, the Buyer may elect
to cancel this contract.
14. TIME OF ESSENCE/REMEDIES: Time is of the essence hereof. If any note or
check received as earnest money thereunder or any other payment due hereunder is not
paid, honored or tendered when due, or if any other obligation hereunder is not performed
5
0 - 0
or waived as herein provided, there shall be the following remedies:
a. If Buyer is in default: Specific performance. Seller may elect to treat this contract
as canceled, in which case all payments and things of value received hereunder shall be
forfeited and retained on behalf of Seller, and Seller may recover such damages as may
be proper, or Seller may elect to treat this contract as being in full force and effect and
Seller shall have the right to specific performance or damages or both.
b. If Seller is in default: Buyer may elect to treat this contract as canceled in which
case all payments and things of value received hereunder shall be returned and Buyer
may recover such damages as may be proper, or Buyer may elect to treat this contract
as being in full force and effect and buyer shall have the right to specific performance
or damages or both.
c. Costs and expenses: Anything to the contrary herein notwithstanding, in the event
of anv arbitration or litigation arising out of this contract, the arbitrator or court shall
award to the prevailing party all reasonable costs and expenses, including attorney fees.
15. RECOMMENDATION OF LEGAL COUNSEL: By signing this document buyer
and seller acknowledge that this document has important legal consequences and has
recommended the examination of title and consultation with legal counsel before signing
the contract.
16. MODIFICATION OF THIS CONTRACT: No subsequent modifications of any
of the terms of this contract shall be valid, binding upon the parties, or enforceable unless
made in writing and signed by the parties.
17. ENTIRE AGREEMENT: This contract constitutes the entire contract between the
parties relating to the subject matter hereof, and any prior agreements pertaining thereto
whether oral or written have been merged and integrated into this contract.
CITY O P N, OLORADO
ATTEST: BY:
Kathryn h Amy arge
City Cler City snag
SMUGGLER HUNTER TRUST
By.
Elizabeth y
Sole Trustee
ral
EXHIBIT "A"
Attached to and made a part of
that certain Vacant Land Farm and
Ranch Contract to Buy and Sell Real
Estate dated September 4, 1997 between
The City of Aspen, as Buyer, and
Smuggler Hunter Trust, as Seller
PROPERTY DESCRIPTION
That portion of the following described property lying South
of an East-West line delineating the northerly portion thereof
comprising a 27,001 sq. ft. legal minimum lot per the City of Aspen
R/MFA Zoning District, to wit:
A parcel of land situated in the Southeast 1/4 of Section 7,
Township 10 South, Range 84 West of the 6th P.M., Pitkin
County, Colorado. being more fully described as follows:
Beginning at a point whence a 1954 brass cap set for the
Center 1/4 Corner of said Section 7-bears N. 19.16109" W.
250.79 feet;
thence S. 88.48136" E. 139 feet;
thence S. 01.02142" W. 316.g1 feet;
thence N. 88.48136" W_ 135.99 feet;
thence N. 00.30100" E. 316.83 feet to the point of beginning;
Also known as 0002 Williams Way, Aspen CO 81611
v U I
DvTROV'....N '' AND DEVL.. P1NNT DEED FZETR1=0N
This Irzpprovement and Deveicpctcn,, Deed Restriction is made and entered into this
day of V�o�? M 19-93 between 'the Pitsin County Board of County
Coxnrnissioners ("Grantor") and the Smuggle: Hunter Trust, a trust registered in Pitkin
County District Court as Case No. 88 PR 16 ("Grantee").
R.rC77AL.S
Whereas, the Grantor is the owner of certain real property located in Pitkin County, _
tnerc fully described in the Special Wa.:aarf Decd to which this Deed Restriction is
attached as Exhibit C ("Property"); and
Whereas; Grantor wishes to ccnve,: and Grantee wishes to accept the Prope-y
pursuant to a Real Property Fxcha:.gt Ccnt_act between the paries which provides that
improvements and developrnezt will be on that portion of the property lying
South of WDarns Way.
NOW 71MREFORE, in ccnsideraticr of Ten Dollars and the further consideration
supporting the attached Srecial a:.-a:.tv Deed, the sufficiency of which is hereby
acknowledged, Grantor and Grantcc ;c.. rse:.t, covenant and agree as follows:
1. Grantee, its successors and assigns is prohibited, enjoined and forever barred
from -constructing or aIlow•sg to be ccr.s:; �cred, any structures, buildings, irnprove=;ents,
or facilities of any kind or nature, or any development, as development is defined in the
Piticn County Land Use Code, including but n at limited to fencing, on the Southerly 185
feet of the. Property. Grantee is, allowed, however, to landscape with vegetation and to
construct and maintain gardens or. the Southerly 185 feet of the Property.
2.. The paries hereto may suppl=cnt the above description of the Property
with a certified survey prepared at a later date. exhibiting -and detailing -that all
construction, buildings, improvements ar facIties, of any kind or nature, or development,
as development is defined in the Yakin County Land Use Code, is prohibited from the
portion of the Property located South of Williams Way.
3. This Deed Restriction shall constitute covenants running with the real
property as a burden thereon. far the b....e.`., of, and shall be specifically enforceable by,
the Piticn County Board of County Corr,issioners, and its successors and assigns, as
applicable, by any appropriate legal action, including but not limited to, injunction,
abatement, reversion, specific performance., or eviction.*
1
4. Tne. c is hereby riser vcd to the Partin hereto any and all remedies provided
by law for breach of this Agreement and Deed Restriction or any of its terms. In the
event the Parties r tsar: to Iitigation with respect to any or all provisions of this Agreement
and Deed Restriction, the prevailing pa;.y shall be entitled to recover damages and costs,
including reasonable attorney's fees.
S. The provisions and covenants contained her cin shall inure to and be binding
upon the heirs, successors and assigns of the Grantor and Grantee.
6. No claim of waiver, consent or acquiescence with respect to any provision
of this Agrecacnt and Deed Restriction shall be valid against any party hereto except on
the basis of a written instrument executed by the parties to this Agreement and Deed
Restriction..
7. Crantec' agre_s that it shall be personally liable for any of vielat on of the
Provisions hcrcin. The tern "Grantee" shall mean the person or persons who shall aciuirc
an ownership interest in the Property in cornoIiancc with the tc.•-ms and provisions of this
Agreement and Deed Rcs, cncn; it beans undc.stecd Lhat such person or persons shall
be deemed the "Grantee" her_sndc- only du::ng the period of his or her ownership
interest in the Property and shall be cbiigated hereunder fcr the full and complete
pe..c=ancc and obse:vancr cf ai; ccvc. ar:t"-, tenth':Cns and rest:iC::Cr.S CvLtair.e.. herein
during such period.
In witness her cof, the Parties bent 3ve executed this ins an the day a, d
year fast wraten.
C�tcr .
Pitkin County Board of unty Commissioners
By:
Boo uitc, Chairman
S'I'ATz OF COLORADO )
COUN= OF PI —I K Ni )
The foregoing was acicowlcdgcd before me this i �' `' day of r ` h '
1993, by �L->; 0-5 0'��`�. ,
2
Attached to and made a part of that
certain Vacant Land Farm and Ranch
Contract to Buy and Sell Real Estate
dated September 4, 1997 between The City
of Aspen, as Buyer, and Smuggler Hunter
Trust, as Seller.
EASEMENT AGREEMENT
THIS AGREEMENT made this day of , 1997, between THE
CITY OF ASPEN. COLORADO, a municipal corporation (hereinafter "City"), and
SMUGGLER HUNTER TRUST, a revocable trust, acting through its sole trustee,
Elizabeth Aley (hereinafter "Trust").
WHEREAS, Trust is the owner in fee simple tit'_e of the real property described
in Schedule " 1 " attached hereto and incorporated herein by reference (hereinafter called
the "Property"); and
WHEREAS, the City wishes to acquire the subject easement for the purposes of
creating and utilizing the same as part of a neighborhood park in connection with other
real estate conveyed simultaneously by Trust to City.
NOW, THEREFORE, for and in consideration of the sum of Ten (S10.00) Dollars
and other good and valuable considerations, receipt whereof is hereby acknowledged by
Trust, the Trust hereby does grant, bargain, sell, convey and assign to City a perpetual
and exclusive easement in, to, upon and over the Property, subject, however, to that
certain Permanent Access and Utility Easement from Pitkin County to Pitkin County
recorded February 14, 1993 in Book 669 at Page 420.
This easement is perpetually restricted to use as a neighborhood park and, in
addition, restricted for a period of ten (10) years as part of a passive park with emphasis
on small child and family usage equipped only with picnic tables and playground
equipment without any provision made to create a volleyball, skateboard or baseball
facility, and any toilet facility shall be screened from view from Trust's residence
property across the street.
No motor vehicle parking shall be permitted on the Property and landscape
screening shall be installed and maintained on the North side of the Property but not to
exceed a height of ten (10) feet.
The City covenants with the Trust, its successors, assigns, and legal
representatives, that it shall bear full responsibility for the use and enjoyment of this
easement and shall save and hold Trust, its successors, assigns, and legal representatives,
harmless from any claim of damages to person or premises resulting from the use,
occupancy and possession of the same by the City and the public.
All covenants and conditions of this agreement shall be specifically enforceable,
as applicable, by any appropriate legal action, including but not limited to injunction,
abatement, specific enforcement, reversion, or eviction after thirty (30) day written
notice. In the event that the parties resort to litigation or alternative dispute resolution,
the prevailing party shall be entitled to recover damages and costs, including reasonable
attorneys' fees
No claim of waiver, consent or acquiescence with respect to any provision of this
agreement shall be valid against Trust, except on the basis of a written instrument,
executed and accepted by Trust.
TO HAVE AND TO HOLD the said easement unto City, its successors and assigns
forever.
The provisions and covenants hereof shall inure to and be binding upon the parties,
their successors, assigns, heirs, and legal representatives.
IN WITNESS WHEREOF, the parties have executed this instrument the day. and
year first above written.
SMUGGLER HUNTER TRUST
Elizabeth Aley,
Sole Trustee
ale\easenent.k
THE CITY OF ASPEN, COLORADO
By PV. (� �-
John B nett, Mayor
ATTEST:
By
Kathryn Kegfi
Aspen City Clerk
• •
SCHEDM& "1"
Attached to and made a part of
that certain -Vacant Land Farm and
Ranch Contract to Buy and Sell Real
Estate dated September 41 1997 between
The City of Aspen, as Buyer, and
Smuggler Hunter Tr-sst, as Seller
EASEMENT DESCRIPTION
That portion of the following described property lying between
the South line of the City of Aspen Street called ^Williams Way"
and North of an East-West line delineating the northerly portion of
the following described property comprising a 27,001 sq. ft. legal
minimum lot per the City of Aspen R/MFA Zoning District, to wit:
A parcel of land situated in the Southeast 1/4 of Section 7,
Township 10 South, Range 84 West of the 6th P.M., Pitkin
County, Colorado. being more fully described as follows:
Beginning at a point
Center 1/4 Corner of
250.79 feet;
thence S. 88.48'36" E.
thence S. 01.02'42" W.
thence N. 88.48136" W.
thence N. 00.30100" E.
whence a 1954 brass cap set for the
said Section 7 bears N. 19.16109" W.
139 feet;
316.81 feet;
135.99 feet;
316.83 feet to the point of beginning;
Also known as 0002 Williams Way, Aspen CO 81611
alep\pmta1e\sche&e.1
Project:
Applicant:
Location:
Zone District:
Lot Size:
Lot Area:
ATTACHMENT 2
DIMENSIONAL REQUIREMENTS FORM
(for the purposes of calculating Floor Area,,Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing:
Proposed:
Number of residential units: Existing:
Proposed:
Number of bedrooms:
Existing:
Proposed:
Proposed % of demolition (Historic properties only):
DIMENSIONS:
Floor Area:
Existing:
Allowable:
Proposed:
Principal bldg. height:
Existing:
Allowable:
Proposed.
Access. bldg. height:
Existing:
Allowable:
Proposed:.
On -Site parking:
Existing:
Required:
Proposed:
% Site coverage:
Existing:
Required:
Proposed:
% Open Space:
Existing:
Required:
Proposed:
Front Setback:
Existing:
Required:
Proposed:
Rear Setback:
Existing:
Required:
Proposed:
Combined F/R:
Existing:
Required:
Proposed:
Side Setback:
Existing:
Required:
Proposed:
Side Setback:
Existing:
Required:
Proposed:
Combined Sides:
Existing:
Required:
-Proposed-
Existing non -conformities or encroachments:
Variations requested:
Smuggler Hunter Trust Subdivision and Rezoning Application
ATTACHMENT #3
Minimum Submission Contents
1. Attached Applicant's letter designating authorized representative.
2. The City Park development at 0002 Williams Way, Aspen, will occur on that part
of the attached Exhibit A legal description lying South of the Williams Way street
and utility easement. See, Survey Plat.
3. Disclosure of ownership, etc., in the form of Pitkin County Title, Inc.'s
commitment for title insurance No. PCT12328_ dated September , 1998,
together with the consents of the two lien holders. The owner of the property
is the Applicant.
4. Aspen vicinity map showing location of subject property.
5. A site improvement survey certified by Aspen Survey Engineers, Job No. 27309,
dated , 199 in draft form.
SEP 14 '98 11:49AM * ASSOCIATES
is
P.1
September 11, 1998
ELIZABETH ALRY
3937 P 10 Lane
Paonia, CO 81429
Telephone: (970) 527-5651
Community Development Department
Planning Office
City of Aspen
130 South Galena
Aspen, CO 81611
Subdivision and Rezoning Application
of Struggler Hunter Trust for
Purposes of Creating a City Part
at 0002 Williams Way, Aspen
As the sole trustee of the Smuggler Hunter Trust, owner of the subject property, 1
hereby designate the following person as my representative in connection with the
captioned application:
Maxwell Aley
Attorney at Law
3937 P to Lane
Paonia, CO 81428
Telephone: (970) 527-5651
Sincerely,
Elizabeth or the
Smuggler Hunter Trust
TO S9dd A37V 773MXVW 9LESSZGE0E SS:Ee S66T/SO/TO
EXHIBIT A
A parcel of land situated in the Southeast 1/4 of Section 7, Township
10 South, Range 84 West of the 6th p.M., pitkin County, Colorado,
being more fully described as follows:
Beginning at a point whence a 1954 brass cap set for the Center 1/4
Corner of said Section 7 bears N 19016,09,, W 250.79 feet;
thence S 88048136/, B 139.00 feet;
thence S 01002142/1 W 316.al feet;
thence N 8804s'36,, W 135.99 feet;
thence N 00030,00" E 316.83 feet to the point of beginning.
TOTAL P.9,3
The undersigned mortgagee holds a lien on the real property mown as 0002
Williams Way, Aspen, Colorado glbl1, which is legally descry'bed is Exhibit "A" hereto,
Which is incorporated herein by reference_
The undersigned hereby consents to the Mixg with the City of Aspen, Colorado,
of a subdivision application for such property by the owner thereof_
-fG'
Dated this I rL_day of November, 1997.
FIRST B OF SOUTH DAKOTA
By_ ' � — - _ _ dk-- G. V� v . P
(Off'c and Title
-, 46
mg
T
ASPES HlGHLkN
TIEHACK
7 v MOUNTAIN
4111 IiU
ASPEN N INIOuNmALL a I .......
C V.
Ciry of Agwn
mo,InWn �xUcy SubdtvLslon ......
.... .......
LP
Smuggler Hunter Trust Subdivision and Rezoning Application
ATTACHMENT # 4
Specific Submission Contents
Development and Rezoning Review by Planning
_and Zoning Commission and by City Council
All of these matters have been covered in the other attachments and exhibits to
this application, reservin , however, to the City Parks Department a supplemental
application at some future date certain specifics for the final design of the park, such as
proposed recontouring and landscaping of the portion of the property to be acquired by
City Parks, the location of water lines for a drinking fountain and irrigation system,
letter from the City Water Department regarding required service, storm drainage,
possible tree removals, projected traffic generation, etc.
The surveyor will supply the GIS Data per the requirements.
Written responses to the review criteria will be supplied by the review agencies
per the Pre -Application Summary.
The matters to be included, in addition, for review by the City Council will be
prepared and included at the time of that review or thereafter in accordance with the
requirements.
Development Application for Amendment to Text or Map
A. If there is no Zone District in the City Code for Park, then the City Attorney
will need to draft the language of a code amendment.
B. The Zone District Map will have to be amended to show the area as a Park.
The Area therefor comprises 23,012, which is reflected on the survey plat.
C. Response to the Standards of Review are set forth in Attachment 5.
Smuggler Hunter Trust Subdivision and Rezoning Application
ATTACHMENT #5
Review Standards
Development Application for Subdivision and Rezoning
Responses by Applicant
1. General Requirements:
a. The proposed subdivision and rezoning is consistent with the Aspen Area
Comprehensive Plan.
b. The proposes subdivision and rezoning is consistent with the character of
existing land uses in the area, which is a multi -family district (R/MFA) with
Centennial on the East and South, Hunter Creek Commons on the West, and
Williams Woods to the Northeast. A neighborhood park will usefully serve
an area deficient in public parks.
c. There will be no adverse affect upon the future development of the
surrounding areas, which are already fully developed.
d. The proposed subdivision and rezoning will be in compliance with all
applicable requirements of the applicable City Code requirements.
2. Suitability of Land for Subdivision and Rezoning
a. Land Suitability. The proposed subdivision is located on land
suitable for park development because it has been vacant for numerous
years without flooding, drainage, soil conditions or geologic hazards or
or other conditions that will be harmful to the health, safety, or welfare of
the users of the proposed park in the neighborhood, nor is there map or
other evidence that such conditions exist.
b. Spatial Pattern Efficient. The proposed subdivision is already served by
existing utilities, streets and other public facilities bordering the property
and will cause no unnecessary public costs.
3. Improvements
In view of the fact that all necessary improvements for the subdivision are
already in place at the lot line, the only additional improvements will be the creation of
the not -to -exceed four parking places on the West side of spruce Street, and the
neighborhood park facilities mentioned above, which may include some asphalt for
paths and high use areas. Water service will be used for drinking fountains and
irrigation of sodded areas and vegetation, and there will possibly be electric service for
overhead lights.
Of course, the surveyor will install permanent survey monuments, range points,
and lot pins where not already in place.
4. Design Standards
a. Streets and Related Improvements. There will be no improvements of this
nature, except for the parking spaces created on Spruce Street, which will
comply with City standards.
b. Easements. No applicable.
c. Lots and blocks. No applicable.
d. Survey Monuments. Full compliance with the City regulations.
e. Utilities. Any potable water line and appurtenances shall comply
with City standards and regulations.
f. Storm drainage.
(1) . Drainage plan. The drainage plan for the proposed park shall
comply with the criteria in the City's Urban Runoff Management Plan.
(2). Detention Storage. No applicable to the conditions existing.
(3). Maintain Historical Drainage Flow. Existing conditions not
applicable to the standard defined.
(4). Calculation and Quantities of Flow. Existing conditions not
applicable to he standard defined.
g. Flood Hazard Areas. Not applicable.
2
h. The only proposed structure would be playground equipment and rest
rooms.
i. Variation of design standards. Not applicable.
5. Affordable Housing.
Not applicable.
6. School Land Dedication Standards.
Not applicable.
Subdivision Agreement.
Not applicable.
3
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•
Smuggler Hunter Trust Subdivision and Rezoning Application
ATTACHMENT #7
Public Hearing Notice Requirements
In the two-step process herein required public notices by publication and
mailing must be given for the hearings both by the Planning and Zoning Commission
and the City Council, and Affidavits of Posting will be filed by the Applicant.
Illll
Commitment for Title Insurance
Fidelity National Title Insurance Company
A Stock Company
COMMITMENT FOR TITLE INSURANCE
FIDELITY NATIONAL TITLE INSURANCE COMPANY, a Corporation, herein called the Company, for valuable
consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor
of the proposed insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in
the land described or referred to in Schedule A, upon payment of the premiums and charges therefore; all subject
to the provisions of Schedules A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the
policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of
the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy
or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or
policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an
authorized officer or agent.
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid
when countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This
Commitment is effective as of the date shown in Schedule A as "Effective Date.'
CounEersigned
Authorized
Fidelity National Title Insurance Company
rriLe ti BY
^orTO91POgq :1 gy
T
:SEAL
i PresideM
o, �D ATTEST
sew
FORM 27-83-66 (9/94) Valid Only if Schedule A and B are Attached
ALTA COMMITMENT - 1966
The conditions of this commitment require that the premium and charges be paid prior to the issuance of the title policy(s). Therefore, no policy(s) will be issued
until the charges have been remitted to the issuing agent.
FNT
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: 08/20/98 at 08:30 A.M.
2. Policy or Policies to be issued:
(a) ALTA Owner's Policy -Form 1992
Proposed Insured:
CITY OF ASPEN
(b) ALTA Loan Policy -Form 1992
Proposed Insured:
Case No. PCT13119C2
Amount$ 175,000.00
Premium$ 347.00
Rate:RE-ISSUE
Amount$
Premium$
Rate:
3. Title to the FEE SIMPLE estate or interest in the land described or
referred to in this Commitment is at the effective date hereof
vested in:
SMUGGLER HUNTER TRUST
4. The land referred to in this Commitment is situated in the County
of PITKIN, State of COLORADO and is described as follows:
See Attached Exhibit "A"
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS
ASPEN, CO. 81611
970-925-1766
970-925-6527 FAX
AUTHORIZED AGENT
Schedule A-PG.1
This Commitment is invalid
unless the Insuring
Provisions and Schedules
A and B are attached.
L`
•
EXHIBIT A
That portion of the following described property lying South of an
East-West line delineating the Northerly portion thereof:
A parcel of land situated in the Southeast 1/4 of Section 7, Township
10 South, Range 84 West of the 6th P.M., Pitkin County, Colorado,
being more fully described as follows:
Beginning at a point whence a 1954 brass cap set for the Center 1/4
Corner of said Section 7 bears N 19016109/1 W 250.79 feet;
thence S 88048136/1 E 139.00 feet;
thence S O100214211 W 316.81 feet;
thence N 88048136/1 W 135.99 feet;
thence N 00030100/1 E 316.83 feet to the point of beginning.
NOTE: UPON RECEIPT OF A REVISED SURVEY THE ABOVE LEGAL DESCRIPTION
WILL BE AMENDED ACCORDINGLY.
FNT
SCHEDULE B - SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors
of the full consideration for the estate or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be
insured must be executed and duly filed for record to -wit:
1. Partial Release by the Public Trustee of the,
Deed of Trust from : ELIZABETH ALEY
to the Public Trustee of the County of Pitkin
for the use of WEYERHAEUSER MORTGAGE COMPANY
to secure $135,000.00
dated June 27, 1996
recorded July 3, 1996
reception no. 394385
Duly acknowledged Assignment of the Deed of Trust recorded February
10, 1997 as Reception No. 401653 assigning the Deed of Trust to BANK
OF NEW YORK TRUSTEE.
2. Partial Release by the Public Trustee of the,
Deed of Trust from : ELIZABETH ALEY AND MAXWELL ALEY
to the Public Trustee of the County of Pitkin
for the use of FIRST BANK OF SOUTH DAKOTA
to secure $25,000.00
dated April 29, 1997
recorded June 25, 1997
reception no. 405722
3. Deed from SMUGGLER HUNTER TRUST
To CITY OF ASPEN
4. Certificate of nonforeign status executed by the transferor(s). (This
instrument is not required to be recorded)
S. Completion of Form DR 1079 regarding the witholding of Colorado Tax
on the sale by certain persons, corporations and firms selling Real
Property in the State of Colorado. (This instrument is not required
to be recorded)
6. Evidence satisfactory to the Company that the Declaration of Sale,
Notice to County Assessor as required by H.B. 1288 has been complied
with. (This instrument is not required to be recorded, but must be
delivered to and retained by the Assessors Office in the County in
which the property is situated)
FNT
SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the
following unless the same are disposed of to the satisfaction of the
Company:
1.
Rights or
claims of parties in possession not shown by the public records.
2.
Easements,
or claims of easements, not shown by the public records.
3.
Discrepancies,
conflicts in boundary lines, shortage in area, encroachments,
any facts
which a correct survey and inspection of the premises would disclose
and which
are not shown by the public records.
4.
Any lien,
or right to a lien, for services, labor, or material heretofore or
hereafter
furnished, imposed by law and not shown by the public records.
5.
Defects,
liens, encumbrances, adverse claims or other matters, if any,
created,
first appearing in the public records or attaching subsequent to the
effective
date hereof but prior to the date the proposed insured acquires
of record
for value the estate or interest or mortgage thereon covered by
this Commitment.
6.
Taxes due
and payable; and any tax, special assessment, charge or lien imposed
for water
or sewer service or for any other special taxing district.
7. Right of the proprietor of a vein or lode to extract or remove his
ore therefrom, should the same be found to penetrate or intersect
the premises hereby granted as reserved in United States Patent
recorded December 24, 1902 in Book 55 at Page 116.
8. Terms, conditions, restrictions and obligations as contained in
Agreement recorded May 26, 1971 in Book 255 at Page 540.
9. Terms, conditions, obligations, restrictions and all matters as set
forth in U.S. Environmental Protection Agency Administrative Order on
Consent (Docket No. CERCLA VIII-85-06) attached to Deed recorded
March 16, 1988 in Book 559 at Page 19.
10. Restrictions as set forth in Deed recorded March 16, 1988 in Book
559 at Page 19.
11. Permanent Access & Utility Easement from Pitkin County to Pitkin
County recorded February 14, 1992 in Book 669 at Page 420.
12. Restrictions regarding resale, ownership and resale and improvements
and development of the subject property as set forth in Deed recorded
November 15, 1993 in Book 731 at Page 210.
13. Terms, conditions, provisions and obligations as set forth in
Occupancy Deed Restriction and Agreement for Employee Dwelling Unit
recorded September 6, 1994 in Book 760 at Page 519.
FNT
ADDITIONAL INFORMATION
AND DISCLOSURES
The Owner's Policy to be issued, if any shall contain the following
items in addition to the ones set forth above:
(1) The Deed of Trust, if any, required under Schedule B-Section 1.
(2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION
WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED
HEREUNDER)
Pursuant to Insurance Regulation 89-2;
NOTE: Each title entity shall notify in writing every prospective
insured in an owner's title insurance policy for a single family
residence (including a condominim or townhouse unit) (i) of
that title entity's general requirements for the deletion of an
exception or exclusion to coverage relating to unfiled mechanics
or materialmens liens, except when said coverage or insurance is
extended to the insured under the terms of the policy. A
satisfactory affidavit and agreement indemnifying the Company
against unfiled mechanics' and/or Materialmen's Liens executed
by the persons indicated in the attached copy of said affidavit
must be furnished to the Company. Upon receipt of these items
and any others requirements to be specified by the Company upon
request, Pre-printed Item Number 4 may be deleted from the
Owner's policy when issued. Please contact the Company for
further information. Notwithstanding the foregoing, nothing
contained in this Paragraph shall be deemed to impose any
requirement upon any title insurer to provide mechanics or
materialmens lien coverage.
NOTE: If the Company conducts the owners or loan closing under
circumstances where it is responsible for the recording or
filing of legal documents from said transaction, the Company
will be deemed to have provided "Gap Coverage".
Pursuant to Senate Bill 91-14 (CRS 10-11-122);
(a) The Subject Real Property may be located in a Special Taxing
District;
(b) A Certificate of Taxes Due listing each taxing jurisdiction
may be obtained form the County treasurer of the County
Treasurer's Authorized Agent;
(c) Information regarding Special Districts and the boundaries of
such districts may be obtained from the Board of County
Commissioners, the County Clerk and Recorder, or the County
Assessor.
NOTE: A tax Certificate will be ordered from the County Treasurer by
the Company and the costs thereof charged to the proposed insured
unless written instruction to the contrary are received by the
company prior to the issuance of the Title Policy anticipated by
this Commitment.
This commitment is invalid unless Schedule B-Section 2
the Insuring Provisions and Schedules Commitment No. PCT13119C2
A and B are attached.
CONDITIONS AND STIPULATIONS
The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or
other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than
those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the
Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the
extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall
disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such
defect, fien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of
this Commitment accordingly, but such amendment shall not relieve the Company from liability previously
incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such
parties included under the definition of Insured in the form of policy or policies committed for and only for
actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate of interest or
mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in
Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions,
exclusion from coverage, and the Conditions and Stipulations of the form of policy or policies committed for
in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this
Commitment except as expressly modified herein.
4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title
to the estate or interest or the lien of the insured mortgage covered hereby or any action asserting such claim,
shall be restricted to the provisions and Conditions and Stipulations of the Commitment.
FIDELITY
NATIONAL
TITLE
INSURANCE
COMPANY
Fidelity National Title Insurance Company
17911 Von Karman Avenue, Suite 300
Irvine, CA 92614-6253
ASSIGNMENT AGREEMENT
(Assignment of City Contract)
THIS ASSIGNMENT AGREEMENT is made and entered into as of October 30, 1998
between SMUGGLER HUNTER TRUST, Elizabeth Aley, Sole Trustee of Delta County,
Colorado, (hereinafter "Assignor"), and MAUREEN MARY KINNEY of Pitkin County,
Colorado (hereinafter "Assignee") .
WITNESSETH:
WHEREAS, Assignor, as Seller, and Assignee, as Buyer, have completed the closing of a
purchase and sale contract of the following described real property situated in Pitkin County,
Colorado (the "Property"):
A parcel of land situated in the Southeast 1/4 of Section 7, Township 10 South,
Range 84 West of the 6`h P.M., Pitkin County, Colorado, being more fully
described as follows:
Beginning at a point whence a 1954 brass cap set for the Center 1/4 Corner of said
Section 7 bears N 19°16'09" W 250.79 feet;
thence S 88°48'36" E 139.00 feet;
thence S 01°02'42" W 316.81 feet;
thence N 88°48'36" W 135.99 feet;
thence N 00°30'00" E 316.83 feet to the point of beginning; and,
WHEREAS, a portion of the Property is subject to a certain undated Contract to Buy and
Sell Real Estate Vacant Land entered into between Assignor, as Seller, and the City of Aspen, as
Buyer of a portion of the Property described in the referenced Contract, which Contract was
executed by Assignor on August 28, 1998 (the "Contract"); and,
WHEREAS, Assignor desires to assign the Contract to Assignees in conjunction with the
sale of the Property to Assignee and to preserve it's interests in the Contract, and the parties
desire to set forth their respective rights and obligations with respect to the assignment of the
Contract to Assignees herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, and in further consideration of the mutual terms, conditions,
covenants, and mutual promises contained herein, the parties hereto agree as follows:
1. Assignor hereby conveys, sells and assigns all its rights, title and interest in and to
the Contract to the Assignee, who is thereby and hereby bound to fulfill all the obligations of the
Seller under the terms of the Contract; provided, however, that all costs and expenses thereof
shall be advanced and paid by Assignor, and further provided that in the event Assignor ceases to
work to fulfill all the obligations of the Seller under the terms of the Contract as set forth in
paragraph 2, below, Assignee shall have no affirmative obligation to proceed on its own under
the Contract.
0
2. Assignee hereby designates and appoints Maxwell Aley, the attorney who has
been representing the Assignor in connection with the Contract, as Assignee's designated
representative for the continued handling of the rezoning and subdivision application now
pending before the City of Aspen in connection with the Contract and for consummating the
transaction contemplated in the Contract including the fulfillment of all contingencies contained
therein, who by signature hereunder hereby agrees to undertake such representation without
payment of any fees or further costs by Assignee and to prosecute such administrative
proceedings to completion, together with any other work required to complete the Contract to
closing. In the event that such attorney is unable or unwilling to complete such work, then
Assignor may employ other counsel or professional assistance at Assignor's sole cost to continue
the representation.
3. Assignee will fully cooperate and execute or cause to be executed all such further
documents as may reasonably be required on the part of the Assignor to perform under the terms
of the Contract, so that the Contract may proceed to closing, including without limitation
obtaining the consent of its mortgage holder or holders, as may be required by the applicable
City of Aspen regulations in connection with the rezoning and subdivision application, as well as
completion of the closing of the sale of the property interests that are subject of the Contract.
4. Upon execution, a copy of this agreement shall be delivered by Assignor to the
City Attorney's office of the City of Aspen, which is hereby directed to make payment of the
proceeds of the sale, at closing, pursuant to the Contract, directly to the Assignor, who hereby is
deemed to be the beneficiary thereof. Assignee waives any and all right to claim any portion of
the sale proceeds of the property which is the subject of the Contract to the City.
5. The original of this agreement, together with a mortgage as described in
paragraph 6, below, shall be placed of record in the Office of the Clerk and Recorder of Pitkin
County, Colorado.
6. The rights of the Assignor to such payment of proceeds upon the closing of the
Contract shall constitute a first lien against that part of the Property subject to the Contract,
enforceable through foreclosure as any other mortgage under Colorado law. This lien shall be
evidenced by a statutory mortgage delivered to Assignor by Assignee simultaneously with the
execution of this agreement, in the same form as that attached hereto as Exhibit A.
7. The Contract provides an option by either party thereto to terminate the Contract
if the transaction contemplated therein has not closed by December 31, 1998. Assignee agrees
that it shall not exercise such right and further, will agree to any extension or extensions of the
closing under the Contract that are agreed upon between the City of Aspen and Assignor, up to
and including December 31, 1999. Assignee shall have no obligation to consent to any extension
of the Contract after December 31, 1999.
8. In the event Assignor fails to consummate the transaction contemplated in the
contract prior to December 31, 1999, its right to do so shall terminate. In that case, Assignor's
only remaining rights are that Assignor shall be entitled to the proceeds of any subsequent or
other sale of the property which is the subject of the Contract to the City of Aspen or Pitkin
County or any portion of such subject property, that is consummated by the Assignee within five
2
(5) years of the date of this agreement. Not withstanding, the provisions in paragraph 16 of this
Agreement, providing that this Agreement shall be binding upon and inure to the benefit of the
parties hereto, their successors, assigns and personal representatives, the entitlement of Assignor
to receive proceeds of any subsequent or other sale as set forth herein shall only apply in the
event of such a sale by Assignee to the City of Aspen or Pitkin County. In the event Assignee
sells the property to any unrelated third party pursuant to a bonafide Contract therefor, such
Purchaser pursuant to such bonafide Contract shall have no.obligation under this paragraph 8,
and any obligations contained herein shall terminate upon such sale to such independent third
party. The first lien mortgage described in paragraph 6, above, shall include the right to a lien
for the benefit of Assignor for receipt of any proceeds of sale due to Assignor under this
paragraph 8.
9. If the Assignee is in default under this agreement, Assignor shall have the right to
specific performances or damages or both. Likewise, if the Assignor is in default hereunder, the
Assignee shall have the rights to specific performances or damages or both.
10. Simultaneously with the execution of this agreement and the mortgage referenced
in paragraph 6, above, Assignor shall execute a release of mortgage, fully and forever releasing
the mortgage referenced in paragraph 6, above. This mortgage shall be held in escrow by Pitkin
County Title, Inc., and shall be delivered to Assignee upon any of the following events: (a)
Termination of this agreement pursuant to its terms; (b) Consummation of the transaction
contemplated in the Contract; and/or (c) Upon the sale of the Property from Assignee to an
independent third party purchaser pursuant to paragraph 8, above, unless such transfer occurs
prior to December 31, 1999, in which case the release will be delivered to the new purchaser on
January 1, 2000.
11. Assignee will take no action with the City of Aspen or Pitkin County that will
delay or in any way impede the subdivision and rezoning application now pending before the
City of Aspen and described herein. In the event Assignor believes that Assignee is violating
this provision, Assignor shall so notify Assignee and give Assignee the opportunity to cure any
such violation prior to any right of action for specific performance or damages arising in
Assignor.
12. This agreement shall terminate and be of no further force or effect, and the liens
created herein shall be released, upon the happening of any of the following events: (a)
Consummation of the transaction contemplated in the Contract; (b) Upon the sale of the property
from Assignee to and independent third party purchaser pursuant to paragraph 8, above, unless
such transfer occurs prior to December 31, 1999, in which case the release will be delivered to
the new purchaser on January 1, 2000; or (c) If the transaction contemplated in the Contract has
not closed and the Assignee has not sold the property to an independent third party purchaser,
this agreement shall terminate on October 30, 2003.
13. In the event of any arbitration or litigation arising out of this agreement, the
arbitrator or court shall award to the prevailing party all reasonable costs and expenses, including
attorney fees.
14. No subsequent modifications of any of the terms of this agreement shall be valid,
binding upon the parties, or enforceable unless made in writing and signed by the parties.
15. This agreement constitutes the entire agreement between the parties relating to the
subject matter hereof, and any prior agreements pprtaining thereto whether oral or written have
been merged and integrated into this agreement.
16. This agreement shall be binding upon and inure to the benefit of the parties
hereto, their successors, assigns, and personal representatives.
IN WITNESS WHEREOF, the parties hereto have executed the foregoing instrument as
of the day and year first herein above set forth/
SMUGGLER HUNTER TRUST
By
7. I w
Elizabe ley, Sole rustee Maureen Mary nney
ASSIGNOR ASSIGNEE
ACCEPTANCE OF UNDERTAKING BY
MAXWELL ALEY
a1L
Maxwell Aley
ACKNOWLEDGEMENTS
STATE OF COLORADO
County of Pitkin ) ss.
The foregoing instrument was acknowledged before me this ? Tay of October, 1998
by both Elizabeth Aley, Sole Trustee of the Smuggler Hunter Trust and by Maureen Mary
Kinney.
Witness my hand and seal. SPRY• PUe`
='FREDERICK ..
My commission expires: �•
PEIRCE a
(Seal) 1 EOF C0�
My Commission a cOGG
Dscember 6, 2000
4