HomeMy WebLinkAboutcoa.lu.rz.smugglerhuntertrust.A07798
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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 WILLIA.'\1S WAY, CITY OF ASPEN.
PARCEL NO. 2737-074-00-030
Resolution #98 - 3'f
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 ofIand 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
'.
,
Subdivision and Rezone Lot #2 of said Subdivision to the Park (P) Zone District, with the
following conditions:
I. 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 # I 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 consttucting 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 ttee 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 consttuction. 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:
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Sara Garton, Chair
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ATTEST:
Jackie Lothian, Deputy City Clerk
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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 (Modlin
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 Findini::
The surrounding area is essentially built-out. Potential development ofthe fathering
parcel will be lower with the smaller lot size. 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.
I. 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.
II. 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
StaffFindin~:
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
comers (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.
I. 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 consttucted 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.
I. 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.
I. General.
2. Side lot lines.
3. Reversed comer 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. CoR.S. 1972 38-51-101.
3. Range points and boxes.
e. Utilities.
I. 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.
g. Flood hazard areas.
Staff Comments page 4
I. 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 Findin~:
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 RO.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 monwnents.
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.
c. Dedication Schedule.
I. 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-Iieu 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 FindinlO(:
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,
schoGls, 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.
StaffFindini::
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 Findini::
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 Findini::
This rezoning is not in conflict with the public interest.
Staff Comments page 8
ASPEN PLANNING' &, ZONING COMMISSION
~OVEMBER 03, 1998
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 CAley 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.
s
ASPEN PLANNING\~ ZONING COMMISSION
~OVEMBER 03, 1998
Bendon said the parking requirement was for four spaces, not long term, along
Spruce Street. Hoefer noted one ofthose 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 ofthe 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 ofthe 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 olthat
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 sonth 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
ASPEN PLANNING & ZONING COMMISSION
~OVEMBER 03, 1998
owner of that Lot shall snbmit 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
7
V" e,
MEMORANDUM
TO:
Mayor and City Council
THRU:
Amy Margerum, City Manager CJP
Julie Ann Woods, Community Development Director . ~
Christopher Bendon, Planner ~
Smuggler Hunter Trust -- 2 Williams Way
Subdivision and Rezoning -- 2nd Reading & Public Hearing
FROM:
RE:
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 of27,OOI 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: I) 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.
1
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 # I.
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 to
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:
Residential Multi-Family - A (RMF-A)
Lot #2 of the subdivision is proposed for Park (P) Zoning
LOT SIZE:
Existing:
Proposed residential lot:
Proposed park lot size:
1.00 acre. 43,560 square feet.
27,001 square feet.
16,559 square feet.
LOT AREA & FAR:
Lot area for the residential parcel is reduced by the 5,500 square foot portion of
the property within the Williams Way RO.W. The Allowable Floor Area depends
upon the Lot Area and the use.
2
Lot Area:
FAR: Single-Family:
Duplex:
Multi-Family:
Proposed 21.501
4,345 square feet.
4,745 square feet.
7,740 square feet.
Existing 38.060
5,173 square feet.
5,573 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:
I. The Final Plat shall include a public park easement for that portion of Lot # I 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 # I 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
3
trees, in cooperation with the City Forester, to meet the street tree requirement of
Subdivision.
4. Prior to redevelopment of either Lot, the owner ofthat 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: ~
"r move to adopt Ordinance NO.)5', 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
VI a..
TO:
Mayor and City Council
THRU:
Amy Margerum, City Manager
:::,::::::':::=~;dopmffil Inre,w'
Smuggler Hunter Trust -- 2 Williams Way
Subdivision and Rezoning -- 1st Reading
FROM:
RE:
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 of27,001 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:
Proposed:
Residential Multi-Family - A (RMF-A)
Lot 2 of the subdivision is proposed for Park (P) Zoning
1
LOT SIZE:
Existing:
Proposed residential lot:
Proposed park lot size:
1.00 acre. 43,560 square feet.
27,00 I square feet.
16,559 square feet.
LOT AREA & FAR:
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:
FAR: Single-Family:
Duplex:
Multi-Family:
Proposed 21.5 0 1
4,345 square feet.
4,745 square feet.
7,740 square feet.
Existing 38.060
5,173 square feet.
5,573 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:
I. 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.
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 consttuction. 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,
"I move to approve Ordinance No. J/r.:::;, Series of 1998, upon first reading."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B Referral Agency Comments
Exhibit C -- Application
3
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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 Reqnirements.
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. Potential development of the fathering
parcel will be lower with the smaller lot size. 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 ofland 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 ofthe 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. Reqnired improvements. The following shall be provided for the proposed
subdivision.
I. 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.
II. 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 recove'r the cost ofthe utilities that have been
provided beyond the needs ofthe subdivision.
Staff Comments page 2
" ,
Staff Findin!;::
Most ofthese 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
comers (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,
I. 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 (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
,r...
.....,.-",
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.
I. 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.
I. 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.
I. Location.
2. C.R.S. 1972 38-51-101.
3. Range points and boxes.
e. Utilities.
I. 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.
g. Flood hazard areas.
Staff Comments page 4
I. 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 Findin\::
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
"
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.
I. 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 ofthis 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 ofthe 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 tille.
Staff Comments page 6
.'
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,
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 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
/
B~'l bii::
5
MEMORANDUM
To: Chris Bendon, Planner
Thru: Nick Adeh, City Engin~ d
From: Chuck Roth, Project Engineer e'f?--
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 comers between the
two lots must be monumented and indicated.
2. Sidewalk. Curb & Gutter - The applicant should be required to consttuct sidewalk adjacent to
his Lot 1 frontage. Since it too late in the consttuction 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 Drainal!:e - 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'[ and
Engineering Department's interim design and consttuction standards. A drainage mitigation plan
(24"x36" 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.
I
.-'....
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4. Parkine: - The final plat needs to show two existing 8 Y2'xI8' parking spaces.
5. Utilitv Easements - The plat indicates an electric transformer and two utility pedestals in the
public right-of-way at the northeast comer 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 Rie:ht-of-wav - 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
2
...."...
I Rebecca Schickling, 12:04 Pi\lr13/l0/98'_ll.i?:.Aley Sub<!!vision
I
I
.___J
'-"
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
IPrinted for Christopher Bendon <chri~~i:aspen.~o:us>
_u
"", MMISSION
HONING co
ANNING
ASPEN PL
~\TE~ER03.1998
1
.................................................................1
ENTS.................... ...........................
ND PUBLIC COMM ......................... 2
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Ollie""""'" """"O'OITY ...ON"G..------.
ENDMENT. SECTION TV\ SUBDIVISION &
CODE AM LEY PROPER
NTER TRUST IA
SMUGGLER HU
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8
ASPEN PLANNING &C)NING COMMISSION
~MBER 03,1998
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.
COMMISSIONER, STAFF AND PUBLIC COMMENTS
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 banle 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.
DISCLOSURE OF CONFLICTS OF INTEREST
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 p.urchase.
ASPEN PLANNING .t';ONING COMMISSION
...........
OVEMBER 03, 1998
PUBLIC HEARING (continued from October 6, 1998):
CODE AMENDMENT. SECTION 26.36 - SECURITY SIGNS
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 "x11" 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
ASPEN PLANNING &.CoNING COMMISSION
~MBER 03. 1998
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, AssistaIJ.t 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 ifthe 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 I 0' 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
ASPEN PLANNING QONING COMMISSION
QVEMBER 03, 1998
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
ASPEN PLANNING &())NTNG COMMISSION
OEMBER 03, 1998
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.
s
,.....,
ASPEN PLANNING.( )ONING COMMISSION
... )VEMBER 03, 1998
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 # I 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 Conncil, a park easement shall
be recorded for the portion of Lot #1 sonth of Williams Way and noted on the plat. The
easement shall be approved hy 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 Conncil, 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
ASPEN PLANNING &O>NING COMMISSION
OEMBER 03,1998
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. AU material representations made by the
applicant in the application and during publie 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
7
County of Pitkin }
} SS.
State of Colorado }
,
AFFIDAVIT OF NOTICE PURSUANT
TO ASPEN LAND USE REGULA.nON
SECTION 26.52.060 (E)
I MAXWELL ALEY b . .
, , emg 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 indicated on the attached list, on the 7thday of Nav. , 19~ (which is--.!:6
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 3rd day of Navernb er, 199_l'! (Must be posted for at least ten (10) full
days before the hearing date). A photograph of the posted sign is attached hereto.
~~~.~11 .Q.L _
Signature Maxwell~ey "1
Signed)!efore me tl,ris --' c:{ / <if day
':li..41}f/J?l~ ,19~by
l11ox/'')p// A/("(
FFICIAL SEAL
d..OO (
.".
,,,'
Saturdav-Sundav, Sorember 7"3, 1998. The Aspen Times 5-C
rn
a
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Ihn
for
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5, a
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PUBLIC NOTICE
RE: SMUGGLER HUNTER TRUST SUBDIVISION
AND REZONING
NOl1CE 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
Citv CouncIl. Council Chambers, City Hall. 130 S.
Galena SL Aspen. to consider an application
submitted by Smuggler Hunter Trust. 3937 P 10
Lane. Paonia, CO 81428. requesting subdivtsion
approval and rezonin!! of a portion 01 the prop-
erty to Park (P). The property is located al 1
Williams Way, and is legally described as a par-
cel 01 land situated in the SW 1/401 Section 7,
Township 10 S. Range 84 W 01 the 6th P.M. ror
lurther information. contact Chris Bendon at the
AspenlPilkin Community Development
Department. 130 S. Galena St. Aspen, CO (970)
920-5072. chrisb@ci. aspen. co.us.
s/John Bennelt. Mayor
Aspen City Council
Published in The Aspen TImes November 7.
1998.
NOTICE OF PROPOSED BUDG~
WHITE HORSE SPRINGS WATER
AND SANITATION DISTR1CT
~otice 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
lor adoption alter a Public Hearing to be held at
the regular meeting of the Board 01 Directors 01
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 budllet is open for
inspection by the interested ele<:tors during nor-
mal business hours at the ollices 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 01 the
budget by the Board of Directors. dated October
19,1998.
WHITE HORSE SPRINGS WATER AND SANITA-
TION DISTRICT
By: F. Mead Metcalf, Secretary
Published in The Aspen Times November 7, 14.
\998
PUBLIC NOTICE
i'lotice of Availabilily 01 Annual Report.
Pursuant to Section 6104(1) 01 the Internal
Revenue Code. notice is hereby given that the
annual report lor 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
ISO 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 01 the Foundation
is Susan Krabacher.
Published in The Aspen Times November 7.
I99S.
;;
PUBLIC NOTICE
RE: 735 W BLEEKER STREET LANDMARK DESIG-
NATION
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 Sl.. Aspen, to consider an application
...brniUood by Drew Dolan ....,quesUnl/, approval
loT a landmark designation. 1lle property is
located at 735 W Bleeker. and is described as
Lots A and R, Block 18, City and TownSite 01
Aspen. For lurther inlor~alloR. contact Amy
Guthrie at the AspeR/Pitkin Community
Development Department, 130 S. Galena St.,
Aspen. CO (970) 920-5096, amyg@Ci. aspen. co
""
! f:-l
J
Published in The
\998,
stjohn Bennet!, ~ayor
Aspen City Council
Aspen TImes November 7,
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.
stJohn Bennett. Mayor
Aspen City Council
Published in the Aspen Times on November 10, 1998
City of Aspen Account
.
np< . SahmfaySl/nday. Nmwmf>er 7.R. /.998
PuBuc NOTICE
{OTlct
EN THAT the Roard or
al lt~ regular meeting
lrl alter a duly-noticed
Iln The Mopen TimeS on
inplNt the lollowing
NOllCF. TO CREDITORS
Estate 01 JEfFREY LAINE ^IJ^MS. J)!-'cen~ed
Ca~eN(), 9RI'R35
AU per~ons havlnR claims ;'iRallls! the above-
named estah' nTC wqllired 10 present them 10
the personal r"presentatlve or In Ihe, Dlstrlcl
roml, County oll'ilkln, Colorado on or !wlnr!'
March 10, 1~1 or the dalms .nay be IOfever
barred.
Rhonda J. Adanl!';
0016 Chair MOlllllalnl)rlve
Redstone, Colorado Rlfi23
published In The Aspen Times November 7. 14,
ZI,1998.
IE BOARD OF COUNTY
IF PITKIN COUNTY,
i ORUlNANCE NO. 98-31
EYANCE OF lliE EMMA
{OF BASALT AND THE
:RGOVERNMENTAL
IW" "'ING THIS
"I
~~!, "....51
OrdlMnce No. 98-31 by
'ading on September 9,
approved variouS con-
01 an Intergovernmental
Nn 01 Basal!. Subsequent
Ordinance, the Town 01
:ounty that It wished to
of ttH' Inle'ltovernment
dlrl 'lOt !IoI""1 Ihe
lreement approved by
ilkln County Is willing to
:hanges by the Town 01
:overnnlt'ntal Agreement
nges.
t 01 the Ordinance '98-51
c inspection from R:30 to
I" Clerk and Recorder, 530
'n, Colorado RI611 Phone:
PUBLIC NOTICE
NOTICE TO CREDITORS
Estate 01 DONALD R. BORTHWICK. Deceased
Case No. 9R PR 39
All personS having claims allalnsl the above-
na,ned estate are required to present them to
the personal reprellentative or to the (District
CotJrt 01 PITKIN County. Colorado) (Probate
Court 01 the City and County 01 Dellver,
Culnralln) nil <,r bdore March fi. 1999, or the
dalms may he Inrt'ver barn'rl.
MaryAnn Mitchell
P.O. Bolt SAA7
Snowmass VtUage. Colnrado Rl1115
l'uhllsht'<lln TIlt' Aspen Times Nuvt'mher 7, 14,
21,I99R
PUBLIC NOTICE
NOTICE TO CREDITORS
ESTATE OF RAOUL L, WILLE
Probate No 98-PR-3Cl"-3
All persons having claims allai"st tht. above-
named estatl' ;HI' re'1ulrl~d tll Ilr\~sl'nt them tn
Otto Louis Wille IIr 10 Ihe I)lstrld ComtIII I'ltkin
Cnunly. Culoradl', 111I nr 11I'1nrt. Mardi Ii. I!l'm. or
salll t-\;)illls llIay 1)1' Im'~vl'f hill n'd
Otto Louis WilIt', PI'rsollal Rl'presl'nlatlvl'
clll OATF_'i, KNFZEVlCll & (:AlmF.NSWMtTZ, PC
Altenthm Itkhanl A. Kllt'ZI'vkh, Esq
Attnrnt'YS Inr l'ersonal RepresenlatiVt'
5:13 East HOJlkins Avel1l1l'. :';nl F1nur
ASI'en, Culorarlu R\fill
(970)920-1700
I'uhlisherl in The Aspell Times Novl;'mber 7, 14,
21,2R.\99R
Jeanette Jones
IJeputy County CIi.'rk
pen TImes November 7,
(ilVfN TO THE tiF,NERAL
~r Board 01 County
It :uunty, Colorado,
f~...grantlng approval 01
ailed submIssion and 1041
Ie Lazy Glen Mobile Home
rribed as a parcel of land in
I 8 South, Range R6 West 01
!ridlan. This approval 01 a
nent Illan includes a vesled
Janl to Tillt' 24. Article fiR,
PUBLIC NOTICE AND
NOTICE OF PUBLIC HF.ARINfi
The Aspen!l'ftkin County !lousing Aulhorlty
plans In suhmit ..m application 10 the Slate 01
Colora(IfI. Division 01 UOllsln!! (CDOH), CDOH
lunds art' inlt'n,Icrl to Ilwvlde <lecent housing,
sultahle IIvinl~ e!lVlrnnmenls an<l economic
npPllrlllnillt.s, [ldndpally lor low and nlmlerale
incmne ".'rsoIlS lhtnngh acquisilinn, Ill'W c"n-
strucllnn, or ntlwr rt'late<t lwlivllit's, It Is esli-
mated thai $li.1l01l.04141wI11 he available statewide
1m Ihe 1!I~lRil!I!19 HOME Investmt'nt Parlnership
pW!lnllll. $11.500.{lOO lor the l!'9R/19~19 "Small
Cilies"Comnllll1ilyDevt'!Ol'lllenlR1<n.;kf,ranl for
UJHe; digihll' activities, $600,000 fnr the
HIJusillg 11I'velolllnenl Granl program, an<l the
Ikvolvhlg LOilrl Fun<l i~ capitalized al al>proxi-
malelv $1,500,000
Tht. application Iwilll-( considered wlluld
Tt'q"l'~I $<\fIlI,ClOIl 1m Ihe Aspen Country Inn. It Is
,'slimatl'd Ihat allprnxilualely 7U'X, ollhe hlluls
would 11I'1It'lit low allfl 11'(ldl'rale im'olne Ill'r.
~'"'' I""'II,,\\,'nl IIlvnhl11l:uy In~III;II"t'''ll'lll III
IW'~"'" '" 1""II1t'S~"s Is ,,"I a,,\I\'i\,;\I<'<I. ShO\lhl
1l1;IIN I...,."nll' m'n'ssarv In consldl'f su.-l11lls.
1'1<1(.",,"'''1. .1JIo"lJath"'s ,,:iIIlw .')wmino,.1 In min.
inti!l' Iht' Ihspl,u'I'IlJl'lll If 1It11 1('a.~i"1e alterna.
liv,'s l'xisl. n"llIiH'fl(tI'i1Smlilhlt' 1Jl'!lt'fll~ will he
pnwith-d lolllUSt' displ,\t"e(I tflll1ili!!i1h' "dverse
ctft'rls .1ml h;ndshills Any low and 1)100lerale
inl'otlll' IU\llSill~ whirh is dt.mnlished or p,n
vl'lll'dwilllwte111;l(t'd
A pllhlk Iwa!ing will hI' held ;It 5.15 p IIJ. on
Wt'r!ncsday. No.....mlwr IR. I~I~IR. at Sish'r Cllies
Mt'el H(lOlll, CUy Hall. !:In Soulh e;alen<l. Aspell.
ColOlar!n, tOllhtnln dtiz"l1 vll'ws and tI'SllnlJses
to the 1'II'I>ns.~<I CllOH llllpllcallon lor commu.
nily (Ievelopnwnt ami Imusinlllleeds.lnc1uding
the n..eds lor lnw and mfl(Ierate IncOIne per-
sons, as wen a~ other nt'e<Is in the c01llnllJllity
Ihat might hI' ad(In'ssl'(lllltllll~h Ihe Cll(lIlllro.
!(rams.
Writte!1 comments are llJsn wd('ome and mllst
be receive(II\V Monday, Nnvembl'r Hi. 199R. at
530 Eo"lsl Main, Lower Level, ASJlt'n, Cnlora<Io, All
t:Olnmenls wm bl' considered in (Ieclding
whetlwr In submit an applifalion Inr Ihe pro-
pnse<1 projecl. Wrillen summary inlormalion
and coJlil's nf the application submitted to
CDotl will be available at 530 East Main, Lower
Level, Aspen, Colondo. Iwm November 9, 199R
until Friday. November 13, 199R. Advance notice
Is requested, II spedal accommodations are
needed. pit'ase nolily us, sn Ihat appropriate
aids call hI;' marle available
Jeanette Jones,
Depuly County Clerk
\spt'n TimE'S Novemher 7.
(ilVEN TO TIlE (iENERAI.
\9911 the lloard of Counly
I'itkin County, Colorado,
9R.IMresdmUngresollllhm
illl' 1041 hazard revit'w, COII-
a:ld suhdivisilJn e1\emlllion
menl appwval 10 Lowen anll
perlyis dl'snil)t'das Lols \)-
,nO' 1(,ltlch Acres Suhdivisinn
al 01 a silt' specific tlevdop-
"I vt'~lt''' I1rflp"IIy right pllr
rlitl,' (;K.I'\tS
kmwtt,. ,Iono's.
Il"llutyrml1\tyCh'Ik
51"...1 im"5 NllVt'mht.! 7, 1\I~lK
~_.__._-
IfllJe Nonei':
,onCE Th,11 Iht' noaHI 01
,ill11"lS "I Pitkin Cmlllly.
"{lIar lTll'I'tilH'onOdl,hl'rlR
;\uly.nntin'l(llllhlir Iwaring'
.illl' I{t'~nllltiull
millE 1l0AHIJ OF COUNTY
~F.HS (IF l'ITKIN COUNTY.
rn h mlZINej THE fJOAR!) Te I
,N INTF.R{;OVERNMENTAL
11 THE. TOWN OF BASALT FOR
r l'EHFOHMING F.t.F.CTHlCAI,.
IIN(i, MECHANICAL
WING INSPECTIONS
c IIearing publishe<l in The
)dnber 16, I!tYR.
lext or the Resnhlliollllre avail-
,pt'ction d\Jrlngregulllfolllce
. (lllhe Clt'rk an<l Recorder, 530
1,ClllmarloR1611, Phone: (970)
Jt'aneUe.lnnes,
Depuly Counly Clerk
, Aspen Times on NlIvt'mher 7.
)U\JUC NOTICE
lTICE: That the Hoard 01 County
J/I'.tt 'n.,<JlTnty,Colnrado,atlls
IIn(. .14, 199R,andalter a
,Ik <v' .' adnl'lt'd the lollow-
l OF THE BOARD OF COUNTY
)NF.H~ OF ('ITKIN COUNTY,
~IJO, APPROVING THE
lIAR RANCH SUBDIVISION/I'UD
L SUBMISSK)N, 14141 HAZAR\)
.RETAKER AND EMPLOYEE
IWELUN(j UNITS
Ilearing Ilubli~hed In The A<;!>cn
Inher 12, I~)R. Copies 01 the lull
0lu1lon are available lor publiC
Ing regular ollieI' hoors in the
~rk and Recorder, 530 E. Main St,
nRI61'. Phont': (970) 920--5If1O,
JeanelleJone-,
Depuly County Clerk
rhe Aspen 11mes November 1,
Ily: David Tolen,
Executive Dlrt'dor
Aspen/Pitkin CnHnty t1011sln~ OUke
97t)..!l20.55R2
l'ubllslll'd in The Aspt'lI Tim..s November 7.
199R
NOTICE OF ('UflUC TRUSTEE'S SALE
Sab'No.9R-11\
TO WHOM IT MAY rONCF.HN: This Nolke is
giwn with re'tard In the lollowln!! descrihed
OE'e<luITrust:
Original Grantor 01 Deed
01 Trust (Borrower): Michael p, Sloan
Original Beneficiary 01
Deed of Trust: MerrUl Lynch Cre(lit Corporal ion
Current Owner nlthe
EvIdence 01 Debt secure(I by
the Deed 01 Tr\Jst: Mt'rrill Lynch Bank an<I Trust
Date "I Deed 01 Trusl: June 21, 1995
Itecnrdlllg DatI' of
Deed nl Trust June 27, 1!195
County 01 Recording: Pilkln
Re(~el'tion Nc), 01
Rt'corde(I Deed of Trusl: 3R2595
Book and ra~e 01 Recorde(I Deed 01 Tr\l~t.
!Jllok No, 7M Page No. 613
YOU AHE HEREUY NOTifiED Ihat the legal
owner of an Evidence of Dt'bt, <late<I June 21,
1995. in lhe mi!llnal principal amount of
$1.075,l}(Xl no. whleh is secured by the Dt'ed 01
Trust descrihe<l above, has 1lIe<1 written elt'cHon
ali(I demand lor sale as Ilftlvlderl In Ihe need 01
Trust. The outslandin!lllfindpal balalKt' (exc1u-
sivt' 01 inlereSt and any olher charges propt'rly
al1owablt' under the documenls t'videlldnK the
lkbt) dllt' allcl "wing tll'tlll the E\'i{lt>nl'l' ,II I'd't
Sl'(l".:,1 I" !h' .\I"'I<"I,.~",h."II'l...',i l,1 1"'1<\
" ." t' ,.".,',1'"
PUBUC NOTICE
tT, PITKIN COUNn', COLORAIX)
C276,DIV._
'U13L1CATION AND CHANGE OF
ER Of nlE PETITION FOR THE
AMEOF:
ER DOERING. Petitioner.
JBLlCA:C
~ving. Id considered the
mng.. 01 . and the petltloner's
I the COllrt being sulliclt'ntly
Ie allegations made In said petillon
;atis/y all stalutory requirements;
)URT FURTIlER FINDS: That the
~t' ulnall\\' is I'ftlpl"r and nl,t (It'lrl
'lIt,., ,'sl~ 1,1 ,Ill' "II,," ''1'1 ~"I'
" ":"J:'{P'
"
with all improvemellls erected on the property,
and all easements, Uxture~ anrl appurtl'nances,
including but nnt Iimiled to all wells on Ihe
t'ropf'rty and lln unfllvided one-hall lure rest In
thai certain sllring lncated on the ('rol>erly
described In Inslrumenls recorded at Book 5M,
PaRe 553 and Blink 6li5, ('age !~'3In the records
ull'ltkin Cnunty, Coloradn, also known and lIum-
bered as 3570 Juniper Hill Drive, Aspen,
Color;ulo R1611, and alsll knnwn M 2160Junlper
Hills Ilrlv", Snowman Village, Colorado 81615.
TUE LIEN OF TilE ()EE\) Of TRUST BEING FORE-
CLOSED MAY NOT BE A FIRST UEN.
THEREfORE, NOTICE IS HEREBY GIVEN that 1
will, at 10: 00 a.m., on the date 01 November 25,
1998 at 10:00 AM at the south lront door 01 the
Pitkin County Courthuuse, 506 Easl Main Street,
Aspen, Colorado, sell at public auction to the
hlghesl and best bidder lor cash, the real prop-
erty described above, and all Interest .01 the
Grantor, and the heirs, successors and assigns
01 the Grantor, lor the purpose 01 paylnR the
Indebtedness de~crlbed In Ihe Evidence 01 Debt
and Deed 01 Trust, attorneys' leet, and the
expenses of ,ale, an<l wlll deliver to the pur-
chaser a CerUllc:ate 01 Purchase, all a."l provided
by law and the terms 01 the Deed 01 Trust and
other documents evidencing the debt.
Dale: October 6, 199R
Thomas Carl Oken, Public Trustee,
Pitkin County, Colorado
Carol L Foote, Deputy t'ubllc Trustee
Flrsl publication Date: October 17, 1998
Lasl publication Date: November 14, 1998
ATTORNEY: Flynn McKenna WrlRht &. Karsh,
limited liability company
Atln: Jamf'S T. Flynn (Reg. Nil. 5220)
III South Teton, Suite 202
Colorado Springs, Colnrado R0903
(719) 57R.R444
l'uhllsllt'd III The Aspen Times Octnb~r 17, 24,
31, Nnvemher 7, 14, 1!I!tR.
ORDINANCE NO. 45
(SERIES OF 1998)
AN ORDINANCE OF TilE ASPEN CITY COUNCIL
APPROVING THE SMUGGLER HUNTER TRUST
SUBDIVISION AND REZONING OF WT .2 OF
THE SMUGGLER HUNTER TRUST SUBDIVISION
TO THE PARK (P) ZONE DISTRICT,
2 WILLIAMS WAY, CITY OF ASPEN,
PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development
Department received an application horn
Elizabeth Aley, sole tru5tee 01 the Smuggler
Hunter Trusl. owner, lor a two 10lsubdlvlslori 01
a 43,560 square loot parcel of land, parcel ·
2737-O74..(l().O30, located In the Re!lldentlal Multi-
Family-A (RMF-A) Zone District at 2 Willlams
Way, rel(lnlng 01 proposed L<rt '2 of the !lubdlvl-
slon to the Park (1') Zone District, and Special
Review to establish the par~lng requirements
for IHoposed Lot '2; al1d,
WHEREAS, the City Coundl may approve
Subdivisions and Amendments to the Olliclal
Zone Dislrtct Map (Rezoning) alter taking and
considering recommendations hom the
Community Oeveloplnent Director, the Planning
and Zoning Commission made at a duly noticed
public hearing, and taking and considering pub-
lic testimony at a rluly noticed public hearing in
conlnrmance wllh Ihe review criteria sellorth In
~'dlllns 26,RR alld 2(i,!12; anti,
WI1r.IU:AS, the Clly Enp:hll'l'f, I'arks
Department, 'and Cmmn\.mUy Urv..hipment
Ot'pllrllllcnl r)vlewl.'d th(' propo'lll an(I rl"<'om-
mcnded apPTtlval .....llh ('ondltluns; and
WHEHEAS. during II duly noUced public hearing
{III Nuvember 3, 1!1!IR. the Planning and Zoning
Commlsslun took an(I considered public testi-
mony and recommen<Ied by a_ to _ vote Ihe
City Coundl approve Ihe Smuggler Hunler Trust
Subdivision I1ml Rt'zone LIII '2 01 said
Subdivision 10 the Park (P) Zone District, wllh
the condillons recllllllnenderl by the Community
IJeveloflment Department
NOW, THEREFORE, liE IT ORI>AINEO UY THE
CITY COUNCIL OF THE CITY Of ASPEN, COI.-
ORAnO IlS lollows.
Thai the Smuggler HOllter Trust Subdivision and
Rt'znne Lol .2 ul salll Subrllvlslon to Ihe Park (P)
Zone Ulstrlctl!lappruve<l, subject In the [ollow-
ingcon<lillomt.
Seclion I
The Ofllclal ZunI' District Map or Ihe City 01
Aspen shall be ame!l<Ied in reflect Ihe rezonIng
01 Lot .2 of the Smuggler Hunler Trust
Subdivision 10 the Pllrk (P) Zone DistrIct. The
Community Oevelopmt'nt Director shall use Ihe
final plat as Ihe basis fllr determining this zoning
boundary.
Section 2:
The Smuggler Hunter Trust Subdivision Is here-
by approved, _\lbl<.'<.:t III Ihe lollowlng condi-
tions:
I. Prior to llnal apprnval by City Coundl. a park
easement shall be recllfded lor the porllon 01
Lot'l south 01 Williams Way and noted on the
plat. The easement shall be approvl'd by the
City Attorney prior In recordation.
2. Prior 10 final approval by City Coundl, Ihe
flnal plat shall be reviewed and approved by the
ClIy Engineer. An easement shall be provided on
Lot II lor electric: I'qllipment whIch Is currently
in the Spruce Strt'et ROW. ExlstlllR parking
spaces lor Lilt 1\ shall be depicted on lhe !tnal
plat
3. Prior to linal apllTtlval by City Council, the
applicant shan complete and record a sidewalk,
curb, and guller cunslructlon agreement.
4. Prior to IIMI appwval by City Council, the
applicant Ihall compt~te and record an aln!e-
ment 10 loin any luture Improvement districts
lor the purpose of c!lnstructlng Improvements
which bt'nelltthe prUllerty under IIn assessment
lormula.
5, The appllcanl shall coordinate the placement
01 street tree~ with tht' City Forester to meet the
street tree requirement of Subdivision
6. Prior to redevelopment 01 ..It her Lol. the
owner ,hall submll a dnrlnage report tlnd a
drainage plan, Including a erosion control plan,
prepared by a C..lora<Io IIcen,ed CivIl Engineer
which mainlalns se<lllnenl and debris on-site
during and alter nlllstructlon. II a ground
recharge system is rerlulred, a soli percolation
reporl will be re(luircd 10 correctly size the facil-
ity, A two-year Storlll Irequency should be used
in deslgnin!lllny draina!:e Improvements.
Section 3'
The ClIy Parks Ilepartment shall pay all land use
re'.it'..... lees due tn tIlt' Community t't'vel<>pment
1'<'\,.lltml'I'1 'I' 1~s,.,i.l!;"n....l'11Ihls 11'I'Iit:atl<>n
~<"."<'" I
."..,,'-","-Il'~
'- ~ ......'"
\ 1'''''' I.,..,. '" "h "'''~~'' 'I.. "',-, " ""
ami ::>0. T,mnshil'!l ~,)ulh, l~al1gl'~::; Wt'~1 01 Illl'
Sixth l'rilll'ipal Mo'r!(Han, l'itkin Cnllnly.
Colnradn !'aid parrt'I i~ more lully desnibt'd as
1\,lh'\\'5
n,'~{t1\l"1~ .,1 a 1"'1111 1t.'III" hl'lht' \h,' :'"u\hl',lSl
,'or\",r 01 snit! :'I'rlinn 1~1 bt';Il~ :'n\llh '2(;.:;5.~~'
East. ,19~1."j2 It'd; lhenee Norlh 25(\7':';""" West,
KRt;:!7 tt'e! themY Norlh ITun}(,'. Wt'st. li514R
11'1'1; Ih.!n~t' East. 741,{\(1 feeL Ihem't' SIl\llh
0011'1'41" W..st, .15:\RII.'l.t; 111l'll\"P Fast. 7R7 17
teet: th"!ln' ~"ulh,
~lti I 5\1 reel: tht'llce S,,"th ~lCI'l'IH1"" West.
"..:..,..IIl,'''''''';IlI't'lIl<'ll1l'I
,,\.,.,\,.,: i" I"')'''. h.~' Hll. ,y r"';'\"T'f'nlal;""
p' e~rl\te<l IlI'IOH' Iht. l'Ianninll and Z{lnln~
Commission flr Citv Clluncll, art' herd>y Incor-
poraled in sudl I;Iall developmt'llt approvals
nncl the samt' sh,,1\ Ilt' n'm\)lied with as illlllly
~d l",lh hl.tt'l1\ Ilnh'~~ ;Irnt',nled to,. l'lht"r s~
cilicn'nnilinns
Seclion5
This OrdlnanCt' shallllllt "'Iecl any t'xiSllng Uti-
gallon and shall !lol openle a~ illl ahalt'menl 01
any action or proct'e<ling now pemling under or
hy virllle ollht' ur{lin,lI1ces repealerl or amend-
1'(1 as herein jll'ovi(lt-d. and the same shall be
londlleted arlfl <'undudt'rl IInrlt'r sllch prior
"'(1.1 "....~I.,r'. 1,,.\.11,1,,,
IIn!,' lhi~ l1"h\;,'allon is tn h~' Illa<le
I"y~ 01 the date 01 this OrdN. ('fllper
Illli("aUIln ~han be liIed wilh Ihe Clerk
111Il'unllnalllllhlica!ion
'\'l'l1 I",wl .'1 IIIlI,lk:lti"1l \'l'\ll~ likd
k,k <,{ IIll' t~Ollrt. tht' 11alll\' III SandI ,1
',in!: will In' l'h.1n~E'd to Sandra ful1t'r
Ii I ~'/~l!l.
FlIllmghScolt 111,
CO\Jnty Judgl'
..lnlck.C1erk
I in ~~~~.':, As"..n Tllne5 Odnht'r 24. 1:1.
r.1O""
-uay
"'e""la, ilft 5
The'e Is account"" 111/ Cia L
l.1astere a $5,60 to "'hlch t~SIf;"d'
days ard 0 "'Inl", · ad
of ad r hOIJ u"'ch C
caI'7Ceffa+,$t! char/.! arqe,
I.>JOh d ::Ies.
~/ease ...',,:'i .......~./~:te~
error Check
rcct .' the As ,).t>u" ad CO"
'h 'n.._. pen n... carefull "RI
':::,8t1:,.,:"':':,-/017.,Ui:,:,:-"I(tS .'i-.o:ii'I',::".:, ~. tho .
t/fJb",,/?~~:...~"..,rr4'.a~'..::."",7{..17bt .,:::..,...:.. ~:. fil
...?tto'0:""kelfEe,:,.110t:.",aeSiJ. .
Nj~.:?\5'::::....P.fo{::.~H....",',..:..r.:,*ifff1Z.~~P.-P~$1b,'.h1e
Phon. Pen nl>J 'YCI"8.i~_ n"tionb.,lefc
'. (970)8e5, 010 e'" edit "j'the
, :25... ast.; r"is. <
b . .....,..,..::,:.::01'ft.:........:'Y1;~...."hS:,O..t' I
rT~J~ ax: (870) ~r..t,
'"Qt. <:5'6
OtdOf~
511CF/
nearM E; LOr,
Panora a~b. BYam Castle
sPecta mlC, r ""'ner' w. Valle
hOUse CUlar. 'Med rO~k 1/1 ?rOke~ Utah,
$53 00' dr;\le~ ater righ ~/ews cO'Of)
, 0 92 ay Is 'qu"
ilL '5'9<1 anrJ s ''''e" leI
V. IISk)\ 57 (1 eptic' pU"'p'
alley, k: 110)\ . 114'6'45 sYsfe",
lar fh~ n;k IIr CF/E;S' 'P)) .
WOrth Gree m. Inlt, In M
7839 grnil/ions niOUS9 :~t now :tanuSka
Co 8i6;g-7839 ~g,ooo~~ fo ';;~k:aif
!i..UF/IINGO' So. 157~U~' 9<15:f
CIi"'~ICH Ho;;, COLOF/llDo 'sPen,
35a e, long on to h 's tv
OWnec;~s, wel! grOWing ~r;lon Vie EWE'S;
zeller:nancin f)O~er; p~ason. S Ws, mild
erties /agOsa~' VICkie (~ne. $lg~/lJded
srop' nc. (10/2~~ngS'~e/~ 731'57001
fOlio, 35 srAF:Ss 116;44_45 and ProDS.
est Will. acres' lNG, ~. CC) 'P-
ran ' I Pas In se r;;;,fJ/all
Ph ges C Icard rene a~ J' YOUr
Pa One.' $entral w: ~iews' t d grawthPort.
90sa 126 ater' wa rn fOr
tfeller@p' \lick;~OOI :Ystem OlJntain'
es, Inc. (fgsasf)ri~ (970jrms,' p~/"er.
V<16, 11151}s,nel L 731'5~ ear
.44 anrJ p 05
Send PLEAS '45cC) rOPer,
b"Y~~ ';,!.;,~ff_
.~~-:~. ~
~~-~._--_.~"
ordInances
Section 6:
If any section, subsection, sentence, clause,
phrase, or pnrtlfJn ollhls Ordinance is lor any
reason held Invalid or unconstitutional In a
court 01 competent jurIsdiction, such portion
shall be deemed a separate, dlsllnct llnd Inde-
pendent provision and shall not allect the valid-
Ity ollhe remaining portions thereof.
SecUon 7:
That the City Clerk Is directed, upon the adop-
tion 01 this Ordinance, 10 record a copy 01 this
Ordinance In the olllce of the Pitkin County
Clerk and Recorder.
Section 8:
A public hearing on the Ordinance shall be held
on tbe 23rd day of November, 1998 at 5:00 In Ihe
City Council Chambers, Aspen City Hall, Aspen
Colorado, IIneen (IS) days prior to which hear-
Ing a public notice 01 the same shall be pub-
lished In a newspaper 01 general circulation
within the City 01 Aspen. .
INTROOUCfD, READ AND ORDERED PUBLISHED
as provided by law,
by the City Council of the City of Aspen on the
9th day 01 Nov~mber, 199ft
ton, Ireezer, wooden box, saw, saddle, bike, 3
mattresses, trundle bed frame and an 011 paint-
Ing.
LotH MANSI The Mansion, 538 South Gilbert,
Iowa CUy, Iowa 52240. Log chair and sola.
Lot <<MESSER Mychal Messer, 21003 West
Pacific Coast Hwy, Mallbu, CA 90265.1 wardrobe
carton, 8 small cartons, 3 medium cartons, 2 4.5
cartons, 3 wooden crates, gray and black suit.
case, 3 medium cartons, blKk table base and
glass lop, 2 pioneer speakers and 3 pictures.
Lot .SANJUA Anna San Juan, 10J.4 Monterey
Ave, Foster Cny, CA 94404. 2 chest of drawen, 2
patio chairs and I mirror carton.
Lot . UNLAND James Unland. 244 S. Randall
SuUe '124, Elgin, IL 60123. 8 dining room chairs,
nltestand, 2 bool<<:ases. 2 small end tables, cor-
lee table, small wood cabinet, Raleigh mountain
bike, wood bookcase, desk, TV stand, ottoman,
sola, loveseat, dining room table, os chair, desk,
minor, 3 wood TV stands, ldng bed frame, 2
small cartons, 4 medium cartons, 6 large
cationS, 2 dish paks, lable leal, 4 mattress car-
tons, king mauress carlon .nd a small 'able.
lot .WELLER OMB Design, 103 Karland Dr.,
Atlanta, GA 30305. 4 Ikldl lrom Te1cor
Communications.
Lot .MlscellaneouI, Brand new Polo 3 drawer
dresser, purple credenza, glass table top, stack.
Ing washer and dryer, painting, entertainment
center, tent poles, table, 4.5 C81'ton, telescope,
dish pak, round lamp, carton from
Bloomlngdales, glass table top, dish pak, Idng
bed, large mirror, 2 round side tables with glass
tops, dresser with matching mirror, 2 piece din-
Ing hutch, table, swivel chair. octagon end table,
2 standlnR lamps with shades, round mirror,
glass and brass ,able top, queen brus head
board, 2 crystal lamps with shades.
published In The Aspen TIme. October 31,
November 7, 1991\.
John Bennett,
Mayor
Anest: Kathryn S. Koch, City Clerk
Published In The Aspen TImes Novt'!mber 7,
I...,
PUBLIC NO'flCE
OF A WAREHOUSEMAN'S SALE
Notice I~ hereby gtven that under and pursuant
to the statues 01 the State 01 Colorado giving
warehousemen a lien on goods deposited with
them lor alllawlul char~ and expenses tn rei.
tlon to said goods and In accordance with the
terms 01 a notice given to each 01 the following
named per~ons, the 1Iame being the respective
owners or person on which accounls the goods
mentioned are held or who claim an Interest In PUBLIC NOTICE
said goods the undersigned COLUMBINE STOR- RESOLUTION NO. 16
AGE CENTER, INC. to satisfy the claims lor (Series 011998)
which II has a warehousemen's lien against In A RESOLUTION OF THE CITY COUNCIL OF.
said goods will, beginning at the hour 01 11:00 ASPEN, COWRADO, RELATIVE TO THE P
a.m, on Saturday, November 7, 1998 at the TION FOR ANNEXATION OF TERRITORY TO
Columbine Storage Center. Inc. warehouse locat- CITY OF ASPEN, COMMONlY KNOWN AS
ed at 411 Aspen Airport BUsiness Center, Aspen, "CASTLE CREEK CONDOMINIUMS"; FIND
CO sell by audlon for cash the lollowlng SUBSTANTIAL COMPLIANCE WITH SEC110
described goods to wit: 12-107(1), C.R.S.; ESTABUSHING A DATE,
Lot 1Q34006 Roseanne Bank, 162-21 Powells AND PLACE FOR A PUBUC HEARING TO D
Cove Blvd. Apt, 6L, Beechurst, NY 11357, 20 MINE COMPLIANCE WITH SEe-nONS 31-
small carlons, 4 flat cartons, 4 medium cartons, AND 31-12-105, C.R.S.; A1.TI1-l0RIZING P
3 large cartons, 8 plastic bags, I pair cross TION OF NOTICE OF SAID HEARIN
country skis, 2 pair skis, 3 plclures. backgam- AtTT1iORIZING THE INSTITunON OF
mon board and I dullel hag. PROCEDURES FOR LAND IN THE A
Lot '19-6799 Bertoluccl, 201 Route 17N, POSED TO BE ANNEXED
Ruterford, NJ 07070. I mirror carton and I dls- WHEREAS, on October 7, 199R
play case with shelves. Manager on behalf 01 Ihe Cily of
Lol .20..6544 Marsha Boykin, P,O. Box 4251\, owner of the property proposed lo
Aspen, CO 81612. 4 mirror carlons, 10 dish pak did file wllh Ihe City Clerk of Ihe C
cartons, 2{) smaU cartons, 2 wardrobe cartons, 4 Petition lor Annexation 01 territor
4.5 cartons. 3 medtum cartons, 12 snow tires, 4 Aspen, whereby real property
tires, 2 stngle maUress cartons, 5 pieces 01 glass, Exhibits" ^ M appended to I
collee table, wood headboard and loot board, Annexation, Is being petltlone
ChInese chesl wood stool, wood chair, lable leal, 10 Ihe City of Aspen; and
wicker footlocker, olllce chair, child's rocking WHEREAS, the C!ly Clerk 01
chair, child's chair, brass headboard, nitestand, has referred the aforesaid PI'
bookcase, and brlel case. nlcatlon 10 the City Coun
l.ot ,13..4J79R Will Howard, 7327 [)raper, La Jolla, action to determine If the pe
CA 92037.27 rartons, wood boX, 2 <Iullt'l haK!\, 9 Iy In compliance with Sect
pair nl ski~, sklllClle~, mop, {Irrs~l'f, 2 IlIlrrnr t'ar- and
Ions. 2 tahles and 2 de!lks. WHEREAS, the petlllon,
Lot .29-6552 Karl'n Kincaid. c/o Gweneth Ing copies 01 an anne
Campbell, 12"14 Barry Knoll, Houslon, TX reviewed by the City At
77024. <loll haR, melal bed and ralls, mirror, 2 art Clly Engineer and 101lnd
carlons, wOlld mirror, small art carton, picture, Inlormatlon \lrescrlbed'
fan, 2 .....ardrobe cartons, 4.5 carton, ski bag, 2 graphs (c) and (d) 01 ,.
small carlons, 3 plastic bags, large suitcase. 3t.12-\07, CRS.; andl'
small suitcase, purple bag, boom box, trash can, WHEREAS, one hun
7 small cartons, French desk, china hutch, (lesk, owners of the allect"!
large dresser, large 3 drawer dresser, 4,5 carton, to annexation 01 tt)
shelves, RCA TV. small bench, small wood chair. Aspen; and I
os chair, 2 plastic garbaMe bags, while sofa, loot- WHEREAS, SecUO'
board and sl(Ie rans lor bed, wicker chair, wlck- dntes Ihat the CUt'
er table, 3 lamps, plastic bag an<l maltress anel proceedings In af
box spring. lOR to 31-12-11Q-
Lot .2~567 Maureen King, 431 Olympia Way, iiiI'd pursuant ty'
Great Falls, VA 22066. 24 small cartons, 2 plaslic 107, C.R.S f
waste caskets, baby cart seal. planter, wood co!- NOW, THER
fee table, wood trunk, garden hose, 3 plaslfc CITY COUNC
toys and a picture. ORADO: '
Lot '23-69311 Allen Leeds, P.O.Bo1\ 11091, SectIon I I
Aspen, CO 1\11111. R medium cartons, 2 4.5 car- That the 7
tons. 3 large cartons, 27 small cartons, I dish tmlt,'n.Cd",'n 0,
pak, round tube, baskel, small round tubes, I '-
Provislg'
pair MllX skis, 4 chairs, suitcase, 3 1111" cabinets,
411res, bird leeder and Zenith TV. 107, c.R.
Lot 108-6922 MRH Design, 1439 Crystal Lake Secllo
Ave, Aspen, CO 81611. Tile cabinet and tiles. Thatg
Lot .24-6939 Nassau Asset, 4 Expressway piau shall:J
'100, Roslyn Heights, NY 11577. Tektronix ~;~tol
Phaser 480 Color Printer.
Lot '306965 Rhlannon Thomas, 1050 B. Walers tlO~
:~ ~~~n;~~,:.I~ '~,;,~~.~~~~:: ~~;~:;', '.::~;; :; r
blinds and a small metal locker. r:J
Lol '25-6705 Kathy Wallen,56-9RO Merlon, La rf
Qulnla, CA 92253. 15 mirror cartons,S small car- I
tons, 15 large cartons, 13 dish palci, 1 wardrobe
carton, large rug, head board, lootboard and
rall~, chaIr, sofa, "oor lamp, end table, large rug, I
small baby bed, arm chair, wicker baby strollr-r,
3 rolls carpet, end table, wicker basket, small
bar stool, wine raclt. small stand. floor lamp,.'
bird stand, 2 rugs, table, wheel barrow, file cabl-j
net, liIe cabinet, trunk, 2 chairs, pot rack aoi
United Statf'S Picture frame. I,
Lot '0466.<;7 Patty Whitney. 1030 Vine Strei
A.lpen, CO 81611. Entertainment Center, If
and Chair Lilt.
Lot .14-6S93 Barry Yakur, 8206 Hen(.
Hunting Woods, MI 48070. 2 wardrobe carto'
4.5 cartons,S ski bags, 2 plastic bags, high'
stroller, crib and mattress, baby sled, 2
hutch, 22 ski poles, fire place tools, woodr
rack, painting basket, steel coat rack, tab'
stand, rug, single frame, box spring ,
treupad.
Lot 'BLANCO Alv8ro BianCO, P.O. Br
Guatemela City, Guatemala, S.A. 2 ~
and I plastic bag.
Lot .MALUO Jo Mallard, P.O. Box
CO 81625, 63 small cartons, 10 med
9 large carlons. white carton, 3 f
small yellow case, 4 while pallo
wooden chaIr, black bull!l head, l'
white cnntalner, green tackle
boxes, 4 green plastic container
containers, 3 grt'en hoses, 2 bl
It! b\t'l:k, wC:>(lllltn chair. dish,
(mall nhillO;'I. '; llrawt:'!' dT<'!!'
->!Il't>"!'
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~.c,.,
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-
th~i~>. 'n.';"r' ~h;llf~ "no
inl'ts, 4 yt'l\nw chairs, <lry
lable, trea<I mill, toy d\est, ~..
bench, 2 grey mt'tal racks, c:
blue garbage can. .....an!robt', kIt,,.
l1t\Q. gre",n g:ubagt' can, h'~ "I)\;tter. HI ..,.
bike. 3 animal cages. ladder. e~ten5lon ladder.
plastic chl1ir. cedar chesl, painting 01 horses,
green os chair, bed Irame, bed slats, headboanl
and loot board, green (IS couch, picture, 2 lawn
chairs, dog kenn~l, 2 wardrobe cartons wllh
garage conlents, lawnmower, green cooler, 2
shelvt's, Imt, cat keunt'l, wicker ba~ket, plastic
planlers. metal stovt', rustt'd weights. red car-
a,,_.
Iht'CilYL,-,_
al a meeting heIO...
hereinabove staled.
Kathryn S, Koch, City Clerk
Published In Ihe ^~pen Times Oct
November 7, 14, 1998.
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MEMORANDUM
TO:
Aspen Planning and Zoning Commission
JuI;, AM Woo,". I"rerim C"mm"u1ty D<w"_~, D;_~
Christopher Bendon, Planner ~W) I
Smuggler Hunter Trust -- 2 Williams Way
SUbdivision, Rezoning, and Special Review
Public Hearing -- (continued from October 20,1998)
THRU:
FROM:
RE:
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 of27,001 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.
1
,...
"-'
ZONING:
Existing:
Proposed:
Residential Multi-Family - A (RMF-A)
Lot 2 of the subdivision is proposed for Park (P) Zoning
LOT SIZE:
Existing:
Proposed residential lot:
Proposed park lot sizes:
1.00 acre. 43,560 square feet.
27,001 square feet.
16,559 square feet.
LOT AREA & FAR:
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:
FAR: Single-Family:
Duplex:
Multi-Family:
Proposed 21.501
4,345 square feet.
4,745 square feet.
7,740 square feet.
Existing 38.060
5,173 square feet.
5,573 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.
I. 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 # I 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 Utv-{- 14-.
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.
3
~-o
,.,..-~.
,
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 November 3, 1998."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- Referral Agency Comments
Exhibit C -- Application
4
-_.-.~.'~_.-""'.~.. --.---"-
,-.
,,",;'
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 - :3~
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 #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:
- .~_.._..,_"....,.w_._.__~.-=._~.__..,_..._._''"~ '__'.__~.'._
,
1. Prior to final approval by City Council, a park easement shall be recorded for the portion of
Lot # I 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 # I 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 consttuction 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. 4 tk+ td-
6. Prior to redevelopment of either Lot, the ownerlshall 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
Sara Garton, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
,.;.....
,",.?
EXHIBIT A
Staff Comments: Subdivision
A development application for subdivision review shall comply with the following standards and
requirements:
I. General Requirements.
a. The proposed subdivision shall be consistent with the Aspen Area
Comprehensive Plan.
StaffFinding:
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. Potential development of the fathering
parcel will be lower with the smaller lot size. 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
d~_,~__"__
,11I""'-.
......--
Staff Finding:
There are no environmental constraints which affect this property.
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.
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.
I. 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 Finding:
Staff Comments page 2
- -.'--~"-----,~-~------".
''"',
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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.
I. 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.
] 2. Intersections.
13. Intersection grade.
14. Curb return radii.
15. Turn by-passes and turn lanes.
] 6. 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
driveways or corners. The City Parks and Recreation Department shall
Staff Comments page 3
---~-..._---
-~,
....
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.
I. 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. Snrvey Monnments.
I. Location.
2. C.R.S. 1972 38-51-101.
3. Range points and boxes.
e. Utilities.
I. 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 bazard areas.
Staff Comments page 4
-----"~~.-., _.."-..<.,~~,.._~--_.-
",""
....-
I. 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
dwelling units shall be required to provide affordable housing in compliance with the
requirements of Chapter 26.1 00, 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.
I. Land Dedication. School land dedications shall be assessed according to
the following schedule:
Staff Comments page 5
...-
" ,
Unit Type
Dormitory
Studio/One bedroom
Two bedroom
Three bedroom
Four bedroom
Five bedroom
Land Dedication Standard
.0000 acres (0 sq, ft.)
.0012 acres (52 sq. ft.)
.0095 acres (416 sq. ft.)
.0162 acres (707 sq. ft.)
.0248 acres (1081 sq. ft.)
.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
/'.
,~~,.
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
.
....
.......<....
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.
StaffFinding:
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:
1. 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
,
'/
,I"",
"-
EJe.
~
MEMORANDUM
To: Chris Bendon, Planner
Thru: Nick Adeh, City Engin~.d
From: Chuck Roth, Project Engineer (!'f!-
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 Drainal!:e - The existing City storm drainage infrasttucture 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 consttuction standards. A drainage mitigation plan
(24"x36" 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. Parkin!! - The final plat needs to show two existing 8 Y:z'xI8' parking spaces.
5. Utilitv 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 I 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 Ri!!ht-of-wav - 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.
98MI82 '
2
.-
~'"''
MEMORANDUM
TO:
Aspen Planning and Zoning Commission
Julie Ann Woods, Interim Community Development DirectorW~-
Christopher Bendon, Planner ~ T. -
Smuggler Hunter Trust -- 2 Williams Way
Subdivision, Rezoning, and Special Review -- Public Hearing
Oewb"", 1998 ~~V\lJIA\ ~"U4 b
THRU:
FROM:
RE:
DATE:
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 of27,001 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.
1
ZONING:
Existing:
Proposed:
Residential Multi-Family - A (RMF-A)
Lot 2 ofthe subdivision is proposed for Park (P) Zoning
LOT SIZE:
Existing:
Proposed residential lot:
Proposed park lot sizes:
1.00 acre. 43,560 square feet.
27,001 square feet.
16,559 square feet.
LOT AREA & FAR:
Lot area for the residential parcel is reduced by the 5,500 square foot portion of
the property within the Williams Way KO.W.
The Allowable Floor Area depends upon the Lot Area and the use.
Lot Area:
FAR: Single-Family:
Duplex:
Multi-Family:
Proposed 21.501
4,345 square feet.
4,745 square feet.
7,740 square feet.
Existing 38.060
5,173 square feet.
5,573 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
2
. __..__._","_~_""~,--"__.,~.~..~~.._.,.,"c..__,,,._.__
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.
I. 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 # I 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 # I 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.
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 ofthe 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
4
_ __ _ ."_".".~__",_"",__,~.._._._., .,....~~.,'_,__~___.,.._...,,_w~.._"_..~
'.
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 ofthe Smuggler Hunter Trust, owner, for a two lot
subdivision of a 43,560 square foot parcel ofland 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:
.
I
...____"""""'_0'"
'"'____~_~_N_'~_.~~____"_'_.~.
/
,
I. Prior to final approval by City Council, a park easement shall be recorded for the portion of
Lot # I 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 # I 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 # I 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
Sara Garton, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
_.._-~~~,..,.,..-~-~-"""""-..,...-._"..-
,
EJ(.
~
MEMORANDUM
To: Chris Bendon, Planner
Thru: Nick Adeh, City Engin~ .t:?
Prom: Chuck Roth, Project Engineer (!'f!-
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:
I. 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 comers between the
two lots must be monumented and indicated.
2. Sidewalk. Curb & Gutter - The applicant should be required to consttuct sidewalk adjacent to
his Lot I 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 consttuction of sidewalk prior to issuance of a certificate of
occupancy.
3. Site Drainaee - The existing City storm drainage infrasttucture 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 consttuction standards. A drainage mitigation plan
(24"x36" 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 consttuction phase. The existing
structure should be required to construct drainage improvements prior to signing the plat.
I
---~----------"'~-~"'"
.
4. Parkin!!: - The final plat needs to show two existing 8 Y2xI8' parking spaces.
5. Utility Easements - The plat indicates an electric transformer and two utility pedestals in the
public right-of-way at the northeast comer 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 Ril!:ht-of-wav - 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
2
[Rebecca !)chickIing, 12:04 PI\", .jjiO/98, Re: Aley Subdivision
~
X-Sender: rebeccas@cornmons
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:
I
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.....~,..
......'
Saturday-Sunday, Oc/ober 34. 1998. The Aspen Times 17-C
Plmuc NOTICE
372 at Page 70
;ipal Amount 01 Evidence 01 Debt:
Principal Amount of Evidence 01
! dale hereof: $99,896.69
:ordlng: Pitkin
e No. or Reception No. 01 Recorded
in Book 372 at Page 66
,tlon 01 Real Property:
;JIT A A1TACHED HERETO AND
RATED HEREIN BY REFERENCE
tTY DESCRIBED HEREIN IS ALL. OF
:RTY ENCUMBERED BY THE UEN
F THE OEID OF TRUST.
JRECLOSED MAY-NOT BE A f1RST
LIEN
Hill Federal Savings & Loan
the owner of the Evidence 01 Debt
he Deed '01 Trust described herein,
ten election and demand lor sale as
law and In said Deed 01 Trust.
Notice Is Hereby Given that I will.
>ex 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 aU inter.
Id Grantor(s). Grantor(s)' heirs and
ein, lor the purpose of paying the
s provided In said Evidence 01 Debt
the Deed 01 Trust. plus attorneys'
w:penses of sale and other ItemS
aw, and will deliver to the purchaser
of Purchase, all as provided by law.
<1RM OF cASTLE &: CASTLE. P.C. IS
G TO COu.ECT A DEBT AND ANY
)N OBTAINED WUJ. liE USED FOR
OS"
!mber 1, 1998
Deputy
tee In and lor the County 01 Pltldn ,
ation: September 12, 1998
Ition: October 10, 1998
blicaUon: THE ASPEN nMES
asUe &:Castle. P.C.
)SCastle
Suite 2300
orado 80202
~51
EXHIIiIT A
I land as Shown as Tract B on the
plat thereal recorded In Book 7 at
ocated In Section 2, Township 11
rage 85 West of the- 6th Principal
nd being Part Q( H.E.S. No. 112. Said
ore fully described as follows:
at a point whence Comer No. 1 01
~ N. 21.24' E. 919.50 feet; thence
V. 31.41 feet; thence-No 29.41' W. 60.56
e N. 9.34' W. 159.44 leet; thenCe. N.
1.83 leet; thence N. 11029' W. 118.91
:e S. 71.51' &. 223.60 leet; thence S.
5.00 leet; thence S. 7031' W. 176.00 feet
0"14' E. 85.00 leet; thence S. 75.12' W.
:0 the point o( beglMtng. 0
In The Aspen Thrtes Sept. 12.19, 26,
,10,1998-
nCE.OF PU8UC 111.US1l:& SALE
No.98-l4
:e of Publk Trustee Sale is given with
the following Deed 01 Trust:
rantor: Glen Fuller
enefldary; North Amertcan Mortpge
the evidence 01 debt secured by the above-
described Deed 01 Trust being loredosed is
$312,719.63 as 01 September 10, 1998.
The 10Uowing-descrlbed property Is all of the
property encumbered by laid Deed 01 Trust:
LOT 14, BLOCK 2, UTILE ELK CREEK SUBDM-
SION, flUNG NO.2 COUNTY OF PITKIN; Sf ATE
OF COLORADO
also ImoWn by street and number as: 0109
Haystack Ln.. Snowmass. CO 81654
THE UEN OFTHE DEED OF TRUST TO BE FORE-
CLOSED MAY NOT BE A FIRST um.
THEREFORE. NonCE IS HEREBY GIVEN that I
will, at 10:00- o'clock a.m., on the dale of
November 4, 1998 at South Front Door of the,
Pitkin County Courthouse. 506 E. Main Street,
Aspen. Colorado, sell aI public auction to the
highest and best bidder lor cash, the real prop-
erty described above, and all interest 01 said
Grantor, the heirs, SUCCe5$Ors and assigns of
saki Grantor, lor the purpose of paying the
indebtedness provided In saki evidence of debt
and Deed 01 Trust, attorney's lees, and the
expenses of sale, and wtll deliver to Ule pur-
chaser a Certlflc:ate 01 Purchase, all as provided
by law.
Thomas Cart Olcen Public Truslee, of the
Count)' 01 PITKIN, Colorado
By: Carol L Foote, Deputy Public Trustee
Date: September 15, 1998
f'trst Publication Date: September 26, 1998
Last Publication Date: October 24, 1998
Publisher: The Aspen Times ~
File No.: WMC!Kn&PP 98-023S
PhlUp M. lOeinsmith
6035 Erin Puk Drive, if203
Colorado Springs, CO 80918
11~1970
THEUW REQUIRES THAT WE INFORM YOU: WE
ARE ATTEMPTING TO COu.a:r A DEBT. ANY
INFORMATION OBTAINED FROM YOU WDJ. BE
USED FOR THAT PURPOSE.
Published in The Aspen Times September 26,
October 3,10,17,24, 1998.
NOT1CE OF PUBUC TRUSTEE'S SAU:
NO. 98-16
TO WHOM rr MAY CONCERN: This Notice Is
gtven with regard to the following descr1bed
Deed of Trust:
OrIginal Grantor 01 Deed of Trust (Borrower):
Michael P. Sloan
Original Beneficiary 01 Deed of Trust: Mar c h
Trading. Inc.
CUITeIIt Owner of the Evidence or Debt Secured
by the Deed 01 Trust: March Tradln& IDe.
Date 01 Deed or Trust: November 14, 1997
Recording Date of Deed 01 Trust: November 17,
'997
County 01 Rec.ordIn8: P1tldn
Reception Number 01 Recorded Deed 01 Trust:
410690
Book and Paae Number of Recorded Deed, 01
Trust: N/A
YOU ARE HERFBY N011F1ED tMt the under-
signed as the lepI owner of an EvtdenCe of Debt,
dated No\fember 13, 1997 In the- original princl-
pal of S20,OOO.OOdollars and whk:h 15 seand by
the Deed of Trust described aboVe. has DIed
written electiOn and demand for .. u pr0vid-
ed in saki Deed' of Trust: The outsQDdIaI prin-
dpaI balance clue and owtnll upon the erideoce
of debt stcured by the abm~ d_1b.A Deed of
Trust belna foreclosed -I. 120,000.00 as of
September-I&. 1998 (exclusive ol-lntcftSt IRd
~ an,_ ottt.dw'ges- properly allowabie under the
doc:WIM!III evIdendna: said debt). , -,'
"The IoIIeWIna descrl.bed property is aU of'the
.. ;rMired~saidDeeidoC~
~ ~bltA.' .,.~...,:!
1iDWft'b, meet ..... ..... _-'ZleD
- - .......--
'tII ..... flIjt~.....
cultural real estate.
THE LIEN OF THE DEED OF TRUST TO BE FORE-
CLOSED MAY NOT BE A FIRST LIEN
THEREFORE. NOnCE IS HEREBY GIVEN that I
will. at 10:00 o'c1ock a.m" on th.e date 01
November 4 1998, at the Pltldn County
Courthouse, 506 E. Main Street. Aspen.
Colorado, sell at publiC auction to the highest
and best bidder lor cash. the real property
described above, and all Interest 01 said Grantor,
lor the purpose 01 paying the indebtedness pro-
vided In said Note and Deed 01 Trust. attorneys'
lees, and the expenses 01 sale, and will deliver to
the purchaser a Certilicate 01 Purchase, all as
provided by law.
Date: September 17, 1998
Thomas Carl Oken, Public Trustee, in and lor the
County 01 Pitkin, Colorado
By: Carol L. Foote, Deputy Public Trustee
506 E. Main Street
Aspen. ColoradO 81611
First Publication: September 26. 1998
Last PutMication 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 parcells more lully described as follows:
Beginning at a point lrom whence the Southeast
COmeT 01 said Section 19 bears South 26.S5'28~
East 499.72 feet;
thence North 25001'34- West 886.27 leet:
thence North 12"10'06" West 651.48 feet;
thence East 741.00 leet;
thence South 00002'41- West 453.84leet;
thence East 187.17Ieet;
thence South 96I.S&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.
PUBUC NOTiCE
ORDINANCE 120
(Series 011998)
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 01 this ordinance are available In the
olllce 01 the City Clerk during normal business
hours, 130S._Gatena, 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,
I....
terms and conditions set forth in the Water
ServIce Agreement attached hereto and Incor-
porated herein by relerence.
Section 2. This ordinance shall nol have any
ellect on exiSting litigation and shall not operate
as an abatement 01 any action or proceeding
now pending under or by virtue 01 ordinances
repealed or amended as herein provided. and
the same shaD be construed and concluded
under such poor ordinances.
Section 3. II any section, subsection, sentence.
clauSe. phrase or portion 01 this ordinance is lor
any reason held Invalid or unconstltuUonal in a
court 01 competent jurisdiction, such portion
shall be deemed a separate. distinct and inde-
pendent provision and shall not allect the vall~
ity of the ren'Wning portion! .l:hereol.
Section 4. A public hearing' on the ordinance
shall be hefd on- the 13th day 01 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 01 September
,...,
John S. Bennett, Mayor
A1TEST: Kathryn S. Koch City Clerk
Published In The Aspen Times on October 3,
,....
PUBLIC NOTICE
RE: SANDUNES. LP.. EXTENSION OF VESTED
R1G1m
NOTICE IS HEREBY GIVEN thai a publiC hearing
will be held on Wednesday November 4, i998 at
a regular meeting to begin at 3:00 PM before the
Board 01 County Commissioners, Plaza One
Conlerence Room, 530 E. Main St.. Aspen to con..
sider an applicatiOn submitted by Sandunes,
L.P., requesttng an Extension of Vested Rights.
The property Is located at 815 West MaIn St. and
Is described as a tract 01 land situate In tht! SW
1/4 of SectIon 120 Township 10 South, Range 85
West of the 6th P.M. For lurther inlormlllon con-
tact Taaara Pregl at the AspenJPltkl~
Communtty Deveiopment Department (970) 920-
5103. Copies 01 the proposed Resolution are
availabte lor IJUbUc inspection during regular
business IMMJrs in the Office 01 the Clerk and
Recorder. 530 East Main Street. Aspen, Colorad
81611. Phone (910) 92().5180.
)........)0"... ~
Deputy County Clerk ,
s/DOrothea Farris, Chair
Board 01 County Commissioners
Published In The Aspen Times October 3, 1998.
PUBLIC NOTICE I
RE: SMUGGLER HUNTER TRUST SUBDMSJON
AND REZONING
NQT1CE IS HEREBY GIVEN that a publteheartng
wiD be held on'Tuesday, October 20,1998 at a
meeting to begin at 4:30 p.m. before the- Aspen l
fJtanRlng and Zoning CommIssIon, Sister ClUes I
Meeting Room, City Hall, 130 S. Galena St.,
Aspen. to consider an application submmed by
SmUll_ Hunter Trust, 3937 P 10 l.ane'. Paonia.
CO 81428. requesUIIII subdivision. approval and
.re&Onlng of a portion 01 the property to Park (p).
The property Is located at 2 WilliamS WAy, and is
lepIIy described as a parcel of land situated in
theSW 1/401Sectkm 7, Township 10S. Range 84
W ot the 6th P.M. For further iniormatton, co~
tact ChrIs Bendon at the AspenlPltldn
CommuDlty DI!veIopment Department, 130 S.
GoIen_St,,""" CO (970) 92tJ.S072.
s/Sara GartOfl, Cha1r
Aspen Planning_and Zoning COmmission
Published in The- Aspen TImes October 3, 1998.
PUBLIC NonCE
ORDINANCE NO. 32
(SERIES OF 1998)
AN ORDINANCE OFTHE ASPEN CITY COUNCIL
APPRQVlNG,AN AMENDMENt'TO QIAP'lrR 26
OF nlE MUNICIPAL CODE. LAND USE
REGULATIONS, SECTION 26.100.050GMQS
EXEMPTIONS. RDATED TO mE GROwnt
MANAGEMENT QUOTA SYSTEM; AND mE
DEI.EI10N OF SEC110N 26.1Of..050 LODGE AND
HOTFl. PRESERVATION, RDATED TO
NONCONFORMING LODGES AND HOT"ELS.
Copies of this ordinlnce an! available In the.
oI8ce of the Oty aerie. City Hall, 130 South
Galena, Aspen. during nonnal business hOUTS.
f1NALLY adopted. passed and app~ this
28th day of Seplember 1_; .-
- - 'John S. Bennett. Mayor
ATI'E'ST: Kathf)'1l S. Koch. City Clef'k
PubIbhed 'n The Aspen- 1'lmes on October 3
:--.. . .-.' '
........, NaTICE
").......8.----30 LOT SIJBDIY1SK)N AND CONCEPTUAL REVIEW,
,... '~.-. .. lSTREADING
OP..r.= ..;.n~'~~1t011CE IS HEREBY GIVEN that a public hnrIna'
A.~.AIII!ltDIIfJU'TO.,., ~~behddonWednesday, November 4, 1998_
.AIIftIOVIDfl.AIMEDtMI' ,':;,,,:".- ~ .....to be&in at 3:00PM before the
'="'" _' .-,_AllD~ .~~.. County_ 530Com..m....Iss1oMl'l, Plaza One
. MIll( aJI.IfIIlY M-Af1lOItDABLE. ...:'" 011 - m. n SI~ Aspen to co~
. " .CIIIII.... . PIOJECT....HlGHWAyc.CITY,.~'-IIder,.- ",.lcatIon submitted by W/J
iiIiI:!II...... GriIIIIi.' _ ASPEM.I!I'I"IitCXJtlll'YoOOlDRADO" ~..~'k___'" Assodatfon. Inc.. requesting
"_ . 'p .~ 0( tbII ~_........... m~the. .~_..WowI of a subdtvtsiorl or a pIKeI owned by
llilIoIoI,.,..___ ;,'_ aI tho Qty a.n. Qty'HaU, 130 South .,_c-ty_IeHousl...Inc"to-"
.............. "CIIeaa. Aaperl. dun.. nonnal business hours two sfndie lamiIy, Resident Occupied Affordable
01 ~... . FllAU.Y adopted. puMd . Houstna: Lots. The property is located at W/J
_;'-i-. ,H ~ 28th day 01 September' 1998 and approved this Ranch and Is described as portions of
._ _ Joh. S ft__' Gowmmeat Lots 1,8 &: 9 of Secdons.21 and as
n . O'I:I.nett, Mayor . oortlons 01 Government Lots " 8, 9, 12, 13, IS,
~"~'r~~~_'~~~__~_~~'_'_~""
,.,
PUBLIC NOTICE
RE: SMUGGLER HUNTER TRUST SUBDMSION 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 S1., 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
ofland situated in the SW 1/4 of8ection 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 81., Aspen, CO (970) 920-5072.
s/Sara Garton. Chair
Aspen Planning and Zoning Commission
Published in the Aspen Times on October 3}~99'8:c'./ .
City of Aspen Account"". >,.co,
--,"
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
DEWOLFE DANIEL G
502 WILLIAMS WAY
ASPEN, CO 81611
MUHICH JOE ESTATE OF
CIO 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
M RJ PECK CO
9 OGDEN RD
SCARSDALE, NY 10583
,
LEDDY THOMAS A
704 SPRUCE ST
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 #B-I
ASPEN, CO 81611
CLAYTON DOUGLAS W
MEDLIN MELINDA M AS JT TENANTS
PO BOX 8813
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
BARRETT WILLIAM A
2029 CENTURY PARK E 408
LOS ANGELES, CA 90067
.......
....", WILLIAMS WOODS HOMEOWNERS
ASSOC
CIO OATES HUGHES & KNEZEVITCH
533 E HOPKINS AVE
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
VERNIER JULIE & JOSEPH
504 WILLIAMS WAY
ASPEN, CO 81611
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
COATES JOHN J JR & MARY ANN
PO BOX 25277
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 44/3
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
BEAVERFALLS,PA 15010
HELLER PEGGY 10
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
LAI RICHARD TSENG-YU AND
LAI BARBARA ELLEN
5731 E VOLTAIRE
SCOTTSDALE, AZ 85254
""
, "'HUNTTING STANLEY R&
MARGARET A
4655 PLEASANT RIDGE RD
BOULDER, CO 80301
CARDER F AMIL Y INSURANCE
PARTNERSHIP
C/O W ALTERS AMY CARDER
40 MULE DEER TRL
LITTLETON, CO 80127
BUNEVICH PETER & BRIGITTE
530 I 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
WENDLING NAN JEAN
PO BOX 8834
ASPEN, CO 81612
-
'.....LARSON WENDY L
98 GLENN DEE RD #9
ASPEN, CO 81611
LADIN LA WRENCE L
PO BOX 11630
ASPEN, CO 81612
RIDLING JERRY B & MURIEL M
1110 STONYBROOK DR
NAPA, CA 94558
HABBERSTADPAUL
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
JENNINGS RICHARD M
1004 VINE ST
ASPEN, CO 81611
"" '.~"'''''''~'---'''-_'~~''___'''_'C''_'''~'"''
ROSIN RICHARD & DRIT A
28246 FRANKLIN RD
SOUTHFIELD, MI 48034
BERNARD SUSAN
37 ALBERT RD
RICHMOND SURREY TWI 0 6DJ
ENGLAND,
CHRISTENSEN CAROLINE I
650 BELL AIR DR
VISTA, CA 92084
RAUCHENBERGER CARL & MERIL YN
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
STANLEY NANCY C
950 N KINGS RD #120
WEST HOLL YWOOD, CA 90069
SCHMIDT DAVID R
200 W 34TH AVE #933
ANCHORAGE, AK 99503
/'''''---
'- ,,;
FREI MURIEL
POBOX2171
ASPEN, CO 81612
HORN MICHAEL A
C/O COATES REID & WALDRON
720 E HYMAN AVE
ASPEN, CO 8161 I
MENDELSON MEL I
MENDELSON ROBERTA L
54I2FRANCISCA WAY
AGOURA HILLS, CA 91301
MCDONAGH THOMAS G
340 W 57TH ST STE lOP
NEW YORK, NY 10019
HYDE ARTHUR C JR
PO BOX T
ASPEN, CO 81612
WHITNEY PATRICIA A
PO BOX 1168
ASPEN, CO 81612
KEN WOOD 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
LEONARD LINDA UND 1/2 INT
CHAPMAN KEITH KAREN & KATHY
UND 1/2
18227 SE I 35TH STREET
RENTON, W A 98059-7203
WOLOSHIN MELVYN A & ROBERTA S
PO BOX7107
WILMINGTON, DE 19803
-
...; ASPEN CENTER FOR
ENVIRONMENTAL STUDIES
100 PUppy SMITH ST
ASPEN, CO 8161 I
BYRUM ALBERT G JR
BYRUM PATRICIA
100 LEATHERWOOD CIRCLE
MARTINSVILLE, VA 24112
SKADRON STEVEN J
1022 VINE ST
ASPEN, CO 8161 1-3272
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
1530W 10TH AVE
BROOMFIELD, CO 80020
LUU TONG K
435 E MAIN ST
ASPEN, CO 8161 I
HUNTER CREEK 1045 PARTNERSHIP
A MINNESOTA GENERAL
PARTNERSHIP
4428 YORK A VENUE SOUTH
MINNEAPOLIS, MN 55410
LEONARD LINDA SCHIERSE
1048 VINE ST
ASPEN, CO 81611
WIMBERL Y THOMAS FELTON III
PO BOX 761
BIRMINGHAM, AL 35201
/-
.-,
BARNARD WILLIAM C
C/O ZAP HEALTH CLEANING
PO BOX 8313
ASPEN, CO 81612
_BURNS ADRIAN JOHN & JUDETH
SHAY
PO BOX 12264
ASPEN, CO 81612
"." WILLARD CHARLES LA WSON IV
2398 PACIFIC AVE #602
SAN FRANCISCO, CA 94115
SMITH JAMES F & LINDSAY
AS JOINT TENANTS
6542 WESTCHESTER
HOUSTON, TX 77005
SMITH JAMES F & LINDSA Y
AS JOINT TENANTS
6542 WESTCHESTER
HOUSTON, TX 77005
TOWNSEND R JAMES
PO BOX 8145
ASPEN, CO 81611
MUSSO PAMELA LYONS
MUSSON RICHARD L
319 LOCUST ST
DENVER, CO 80220
TRAN HONG HUONG
814 W BLEEKER ST #Cl
ASPEN, CO 81611
MELVILLE SUSAN
333 E DURANT AVE
ASPEN, CO 81611
SHOSTAC DAVID
SHOSTAC ALEXES
2509 AIKEN A VENUE
LOS ANGELES, CA 90052
LUU TONY
435 E MAIN ST
ASPEN, CO 81611
HECKER ROSE ROSENFIELD AND
ROSENFIELD ANITA
3952 BEARD AVE S
MINNEAPOLIS, MN 55410-1041
RIDLING JERRY B & MURIEL M
1110 STONYBROOK DR
NAPA, CA 94558
TANGUAY MICHAEL L
210 AABC STE FF
ASPEN, CO 81611
BROOKES DONNA ANN
1541 PINE WHIFF AVE
EDGEWATER, MD 21037
FRANKEL MARIETTA C WENZEL KAREN M CLAFFEY W ALTER W
CLAFFEY NICOLETTA H
280 EL PUEBLO WY 1125 VINE ST 640 SHORELINE ROAD
PALM BEACH, FL 33480 ASPEN, CO 81611 BARRINGTON, IL 60010
LANGE CHADWICK S JR BUTLIEN SHELDON GREENWALD ALAN
BUTLIEN RHODALEE PINE BROOK TIRE CO
1127 VINE ST 135 DEERHA VEN RD 295 CHANGEBRlDGE RD
ASPEN, CO 81611-3274 MAHW AH, NJ 07430 PINE BROOK, NJ 07058
SARNO JOHN J JR BECKER JANICE DOWELL RONALD R
DOWELL MARSHA S
49 APPACHE WAY 72 ALDER AVE 2 APPLEWOOD COURT EAST
TEWKSBURY, MA 01876 SAN ANSELMO, CA 94960 PERRYSBURG, OH 43551
WEISS CLIFFORD A NOONAN ELIZABETH A TRUST
OSTER JEREMY WEISS STACEY L AS TENANTS IN
655 E DURANT AVE COMMON 1450 SILVER KING DR
ASPEN, CO 81611 1135 VINE ST ASPEN, CO 81611
ASPEN, CO 81611
CANAS STEFAN FABER JOHN A TORN ARE RENE
1137 VINE ST 1401 W PACES FERRY #3401 285 LIGHTHILL RD
ASPEN, CO 81611 A TLANT A, GA 30327 SNOWMASS, CO 81654
,-
KISKER ELLEN H
1211 VINE ST
ASPEN, CO 81611
, SANDERS CURTIS B
PO BOX 8661
ASPEN, CO 81612
......IMALONEY JOHN V
MALONEY ANNE J
484 SHERIDAN ROAD
GLENCOE, IL 60022
FREDERICK F AMIL Y TRUST
1215 VINE ST
ASPEN, CO 8161 I
BIXBY PATRICIA ELLIS
403 FAIR OAKS
SAN FRANCISCO, CA 941 10
ROGERS MARY ELLEN
2143 PINE ST#2
BOULDER, CO 80302
OLSON AKASHA K
PO BOX 5896
SNOWMASS VILLAGE, CO 81615-5896
LESTER GEOFFREY
PO BOX 3704
ASPEN, CO 81612
TOBEL KEVIN W & MARY LYNN
28610 SUMMIT CT
NOVI, MI 48375
VERNIER WILLIAM J SERGOTT EMIL D UKRAINE JOHN
VERNIER GLADYS M SERGOTT HELEN VERONICA PO BOX 10032
2040 DA VIS 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 AVENE PO BOX HM 3085
PO BOX 4947 SEATTLE, WA98105 HAMIL TON BERMUDA,
ASPEN, CO 81612
MALCOLM IAN BOSLOUGH JOHN I LEBACH DOROTHY
35 QUEENS AVE RAEHN SUSAN L LEBACH JOAN C
A V ALON NS WALES AUSTRALIA, 9119 MILL POND V ALLEY 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 COLORADO CORPORATION
6531 LAUREL V ALLEY ROAD 2620 HUMBOLDT AVE SOUTH 195 ROYAL GEORGE CIR
DALLAS, TX 75248 MINNEAPOLIS, MN 55408 MCQUEENEY, TX 78123
LARSON KENNETH R EDMUNDSON SCOTT J ZAUNER HEINZ
C/O S KENNAMER
0095 SILVERA DO DR PO BOX 4486 0320 TEAL CT
BASAL T, CO 81621 ASPEN, CO 81612 ASPEN, CO 81611
RA Y GAYLE A TRUST LEBACH DOROTHY 93% INT FRIEDMAN HAROLD & SANDRA
9473 PINYON TRL LEBACH JOAN 7% 19513 PLANTERS POINT DR
165 WEST END AVE #29G
LITTLETON, CO 80124 NEW YORK, NY 10023 BOCA RA TON, FL 33434
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
1327 VINE STREET
ASPEN, CO 8161 I
LUSK CHARLES M JR AND URSULA G
14710 MARINE DR
HUMBLE, TX 77057-1905
SCHROEDER MICHAEL E
PO BOX 10760
ASPEN, CO 81612
SHERWIN GREG
2992 SHADOW CRK DR M302
BOULDER, CO 80303
KIMBALL TRACY
PO BOX 4295
ASPEN, CO 81612
GUENTHER OSKAR TRUSTEE
GUENTHER OSKAR TRUST
1038 OAK HILLS CIR
ASHLAND, OH 44805
LOCK DENISE E
125 VINE ST
ASPEN, CO 81611
KOW AR JOSEPH ALBERT
133 VINE ST
ASPEN, CO 81611-1549
RAPPAPORT MYRON AND HELENE
HWR JEWELRY INC - CIO
318 S GALENA ST
ASPEN, CO 81611
ROSS ROBERT M
17030 NANES DR STE 214
HOUSTON, TX 77090
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FRIEDMAN DANIEL S
1328 VINE ST
ASPEN, CO 81611
ADLER STEPHEN L
INSTITUTE FOR ADVANCED STUDY
CIO
OLDEN LANE
PRINCETON, NJ 08540
BALCOM SYLVIA J
1336 VINE ST
ASPEN, CO 8161 I
JACKSON ERNA D REVOCABLE
TRUST
9708 COLONIAL CIR NE
ALBUQUERQUE, NM 87/11
ZAREK LINDA L
HAMWI G JOHN
724 W BUTTERMILK RD
ASPEN, CO 8161 I
BITTNER SHIRLEY MARIE
945 VINE ST
ASPEN, CO 81611
KERSHA W ROBERT B
WARD JOHN THOMAS
113 WEST MONUMENT STREET
BALTIMORE, MD 21201
CHRIST CHRISTIAN & LOTTI
PO BOX 2943
ASPEN, CO 81612
HEEDUM SHARON D
210 SAINT PAUL ST STE 215
DENVER, CO 80206-5100
GOFF DEBORAH L
410 WORMAN
PUEBLO, CO 81004
-...
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SHAY
PO BOX 12264
ASPEN, CO 81612
DOPKIN HARLAN
CAROL DOPK1N REAL ESTATE
PO BOX 4696
ASPEN, CO 81612
HENNING BARBARA D
PO BOX 4535
ASPEN, CO 81612
FREDERICK CHARLES E & JILL F
1215 VINE ST
ASPEN, CO 81611
BARBA TELLI ELIZABETH L
PO BOX 3245
ASPEN, CO 81612
BARNES JOHN EL WOOD III
BARNES SHARON MEEKER AS JOINT
TENANTS
124 VINE ST
ASPEN, CO 81611
MORSE ROBERT J REVOCABLE
TRUST
1515 WESTWOOD CIR
MUSKEGON, MI 49441-5887
NEWELL GEORGE S JR
PO BOX 10250
ASPEN, CO 81612
WALLACH ANNE M & KARL E
5190 UPPER CATTLE CREEK RD
CARBONDALE, CO 81623
MALCOLM IAN
PO BOX 4671
ASPEN, CO 81612
SKLAR PATRICIA REVOCABLE
LIVING TRUST
250 BRADLEY PL #408
PALM BEACH, FL 33480
SPECK KARIN C
PO BOX 9912
ASPEN, CO 81612
BRUCE MICHELLE MARIE
224 VINE ST
ASPEN, CO 81611
OBR WARREN
5 RUE PORT DE FOURQUEUX
FORQUEUX FRANCE, 78112
DAMKE LEILANI KAE
5371 ECALEY AVE
LITTLETON, CO 80121
SHEEHAN JOHN L
115 FRONT ST
MARBLEHEAD, MA 01945-3545
RICHMOND ILENE H
714 N ROXBURY DR
BEVERLY HILLS, CA 90210
COOPER MATTHEW MARC
COOPER NINA IRENE
8341 PLUM CK CT
LAS VEGAS, NV 89113
ALFORD CAROLE L
316 VINE ST
ASPEN, CO 81611
COTTRELL RICHARD 0
FOERTSCH SHARON A
133 E LAUREL
LAKE FOREST, IL 60045
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''''KINKEAD T W
670 N TOMOHA WK TR
VERO BEACH, FL 32963-3942
USHIDA RHODA 1/2 INT
ESTRELLA ROGER M & JULIA K 1/2
INT
2334 JEFFERSON A VENUE
BERKELEY, CA 94703
ERNSBERGER FRED M & RUTH E
1325 NE 10TH AVE
GAINSVILLE, FL 32605
DEMAYO WILLIAM M
109 ST CLAIR CIR
LlGONIERE, PA 15658
RAUPP MARVIN L
1147 MANHATTAN AVE #223
MANHATTAN BEACH, CA 90266
DUSK AMBER
7337 N 46TH CIR
GLENDALE, AZ 85301-2257
MACE LYNNE PFRIMMER
311 VINE ST
ASPEN, CO 81611
JACKSON LAND COMPANY
ILLINOIS CORPORATION
III W JACKSON BLVD #1700
CHICAGO, IL 60604
POGLIANO FELIX JR
POGLIANO LENORE L
1110 BLACK BIRCH DRIVE
ASPEN, CO 81611
HAYDEN JACK N
6356 FORESTER DR
HUNTINGTON BEACH, CA 92648
-
EMIGH ROBERT A
,..;' EMIGH PAGTRICIA A
7877 ANDREWS WAY
BOULDER, CO 80303
RAPPAPORT NOAH
223 VINE ST
ASPEN, CO 81611
WALLACH HOWARD B AND BETTY S
2229 TROY AVE
BROOKLYN, NY 11234
PATRASCIOIU ADRIAN N & EMILIE J
3016 E HAWTHORNE ST
TUCSON, AZ 85716
PURCELL EDWARD T
PURCELL ANNE CELESTE
POBOX 1003
ASPEN, CO 81612-1003
LAWRENCE THEODORE W
PO BOX 5414
SNOWMASS VILLAGE, CO 81615
CADGER ROBERT E JR
PO BOX 4712
ASPEN, CO 81612
QUIGLEY ANN MARIE
PO BOX 8194
ASPEN, CO 81612
BUNCE BARBARA A
321 VINE ST
ASPEN, CO 81611
CRUZ CATALINA
CRUZ LAURA 0
PO BOX 2661
ASPEN, CO 81612
HOLDERBACH URSULA
4 HORIZON RD STE 1220
FORT LEE, NJ 07024
GREENE ANTHONY F
50 HAZEL AVE
HIGHLAND PARK, IL 60035-3307
RANKIN ROBERT E
RANKIN JOYCE S - JT TENANTS
336 VINE ST
ASPEN, CO 81611
WHIPPLE RALPH U & LYNNE C
855 GIBSON AVE
ASPEN, CO 81611
GILLETTE INGEBORG A TRUST 1/2
INT
945 GREEN ST #2
SAN FRANCISCO, CA 94133
WARD JOHN E & CAROL S
4932 COMMONWEALTH DR
SARASOTA, FL 34242
VELEZ CARMELO E
6116 EXECUTIVE BLVD #800
ROCKVILLE, MD 20852
RAUPP MARVIN L
1147 MANHATTAN AVE
MANHATTAN BEACH, CA 90266
PINKHAM SYBIL
423 LONG HILL DR
SHORT HILLS, NJ 07078
MOUNTAIN STATES
COMMUNICA nONS
INC
PO BOX E
ASPEN, CO 81612
'LEE JOSEPH B III
LEE BRENDA R
131 HOLLY LANE
GRENANDA, MS 38901
FLETCHER PAUL
FLETCHER JANET
473 WEST END AVE
NEW YORK, NY 10024
WHIPPLE RALPH U & LYNNE C
855 GIBSON AVE
ASPEN, CO 81611
FOX F AMIL Y TRUST
FOX CHARLES H - C/O
1965 NAUTILUS ST
LA JOLLA, CA 92037
CAMERON ROBERT A & ROBERT A JR
PO BOX 8237
ASPEN, CO 81612
F AINSOD NICHOLAS
F:AINSOD EVA
DANTE 26 BIS - CLOLNIA ANZURES
MEXICO 0 F, 11590
ERB MARY ANN
8401 GREENWOOD DR
NIWOT, CO 80503
ETS-HOKIN ROBERT
434 VINE ST
ASPEN, CO 81611
EKEHOLM KELLY M
511 VINE ST
ASPEN, CO 81611
CONNOLLY KEVIN M
514 VINE ST
ASPEN, CO 81611-1593
-
.....ABERNATHY LINDA K
420 SE RIVERSIDE DR
EVANSVILLE, IN 47713
NAGY ROBERT H - TRUSTEE
NAGY WENDY AND NAGY TRUST
PO BOX 828
WAUKESHA, WI 53187-0828
DOYLE SHARON KAY
400 MADISON ST #705
ALEXANDERIA, VA22314-I746
LANDIS BILL
LANDIS MINDY
PO BOX 11573
ASPEN, CO 81612
AIR WISCONSIN AIRLINES
CORPORATION
A DELA WARE CORPORATION
203 CHALLENGER DR
APPLETON, WI 59415
STRAUSS KENNETH CANFIELD
STRAUSS CARLEEN CANFIELD
205 TAPPAN LN
ORINDA, CA 94563
BARDEEN WILLIAM A LIVING TRUST
BARDEEN WILLIAM A - TRUSTEE
29 W 280 IROQUOIS CT N
W ARRENVILLE, IL 60555
ANASTASI JOAN
435 VINE ST
ASPEN, CO 81611
DINARDO LORI J
512 VINE ST
ASPEN, CO 81611
CROKE KELLEY
515 VINE ST
ASPEN, CO 81611
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ANSON CHRISTOPHER D
PO BOX 11948
ASPEN, CO 81612
MCFADDEN KIMBERLY A
ESTOCK PETER J
522 VINE ST
ASPEN, CO 81611
MANDT JULIE K
PO BOX 11813
ASPEN, CO 81612
BRUCKER HANS E AND
HIGGINS CORIN
PO BOX 3304
ASPEN, CO 81612
MCDERMOTT SHA WN M & SHANNON
J
533 VINE ST
ASPEN, CO 81611
BORKOVEC PRICHARD
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
COMMUNICA TlONS
INC
PO BOX E
ASPEN, CO 81612
DANIEL CARAL YN L
621 VINE ST
ASPEN, CO 8161 1-3267
NISHlKA W A HIROA TSU
624 VINE ST
ASPEN, CO 81611
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~WAYT MARILYN R
517 VINE ST
ASPEN, CO 81611
COLVER JOHN C
855 MOUNTAIN LAUREL DR
ASPEN, CO 81611
BRUCKER MISSEN LYNETTE
526 VINE ST
ASPEN, CO 81611
TROOST ALBERT
PO BOX 4894
ASPEN, CO 81612
BARRETT MARIANNE
DAVIS KELLY 0
PO BOX 2126
ASPEN, CO 81612
BOHN GERRY
537 VINE ST
ASPEN, CO 81611
BIERMA RIXT J
CLIFFORD DAVID M
612 VINE ST
ASPEN, CO 81611-1594
PEARCE NANCY D
616 VINE ST
ASPEN, CO 81611
GOLDMAN SANDRA M
PO BOX 11526
ASPEN, CO 81612
MEYER FREDERICK H III & NANCY C
MASON
625 VINE ST
ASPEN, CO 81611-3267
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.-'MAROL T 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
VALLEY ORTHOPAEDIC ASSOCIATES
A COLORADO GENERAL
PARTNERSHIP
100 EAST MAIN STREET
ASPEN, CO 81611
TULLMAN DEBORAH
623 VINE ST
ASPEN, CO 81611
SHIEKMAN SALLY A
626 VINE ST
ASPEN, CO 81611
LAGESCHUL TE KURT G
PO BOX 5088
ASPEN, CO 81612
STOCKER JONATHAN L
PO BOX 4326
ASPEN, CO 81612
MOONEY THOMAS
635 VINE ST
ASPEN, CO 81611
ADAMS RAY VINCENT
638 VINE ST
ASPEN, CO 81611
RACHILLA KALA M
POBOX3184
ASPEN, CO 81612
BUETTON STEVEN E & PATRICIA E
PO BOX 9463
ASPEN, CO 81612
KRAHE CATHLEEN M TRUST
PO BOX 11426
ASPEN, CO 81612
ARMSTRONG MICHAEL D
PO BOX 9092
ASPEN, CO 81612
STURGIS MARGARET A
731 VINE ST
ASPEN, CO 81611
TIDWELL JOAN
734 VINE ST
ASPEN, CO 81611
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BONGIORNO PHILIP & LINDA
PO BOX 4540
ASPEN, CO 81612
STEPHENSON TERRY ANN
633 VINE ST
ASPEN, CO 81611
MARKLE CATHERINE E
PO BOX 9348
ASPEN, CO 81612
MARTINSON FREDERICK K
PO BOX 3186
ASPEN, CO 81612
BACSANYI KARLA S
PO BOX 9226
ASPEN, CO 81612
COTE RICHARD JOSEPH
PO BOX 8356
ASPEN, CO 81612
COLLINS CHARLES & JANICE
531 W GILLESPIE AVE
ASPEN, CO 81611
BARTELL MICHELLE
43 CANYON ISLAND DR
NEWPORT BEACH, CA 92660
GOMES PEPPER JAMES EDWARD &
SUSAN R
732 VINE ST
ASPEN, CO 81611-1595
BURTCH GEORGE W
PO BOX 8345
ASPEN, CO 81612
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....'W ALPOLE JOANNE
631 VINE ST
ASPEN, CO 8161 1
HOLZER HANS U
PO BOX 11928
ASPEN, CO 81612
HARMON RANDY R
POBOX 11753
ASPEN, CO 81612
DANFORTH DAVID N
PO BOX 1863
ASPEN, CO 81612
TRAN DANNY
0716 VINE ST
ASPEN, CO 81611
SCHAFFNER JOANNA S
722 VINE ST
ASPEN, CO 8161 I
SZCZYGIEL SKI BERNADAETTE
725 VINE ST
ASPEN, CO 8161 I
CAREY PATRICIA
PO BOX 1440
ASPEN, CO 81612
EDWARDS TERESA D
PO BOX 10304
ASPEN, CO 81612
MANN CATHERINE A & FLOYD C
736 VINE ST
ASPEN, CO 8161 I
VENNER WILLIAM H
PO BOX 1708
ASPEN, CO 81612
LAUGHREN DAVID
PO BOX 1625
ASPEN, CO 81612
ALLEN LEONARD A
PO BOX 8316
ASPEN, CO 81612
CREPPS KAREN E
PO BOX 11773
ASPEN, CO 81612
WONG MARGARET S-K
POBOX 8018
ASPEN, CO 81612
HUNTER CREEK COMMONS CORP
INC
1400 VINE ST
ASPEN, CO 81611
PIERRE SALLY ANN
101 WILLIAMS WAY
ASPEN, CO 81611
KNUTSON BRUCE C & LISA
104 WILLIAM WY #EI04
ASPEN, CO 81611
DE LISE DONALD LEE
PO BOX 345
WOODY CREEK, CO 81656
SANDVOLD DIANE L
PO BOX 4114
ASPEN, CO 81612
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738 VINE ST
ASPEN, CO 81611
RICHARDS RACHEL E
PO BOX 3393
ASPEN, CO 81612
KING WANDA JO
824 VINE ST
ASPEN, CO 81611
PETROSIUS EDWARD W 11
PO BOX 4199
ASPEN, CO 81612
SHAPIRO HOWARD LEE & JOYCE E
836 VINE ST
ASPEN, CO 81611
HUNTER CREEK COMMONS CORP
INC
1400 VINE ST
ASPEN, CO 81611
WILSON DOUGLAS L & BEDRISHAH
PO BOX 10092
ASPEN, CO 81612
MORAN JAMES T AND MARY
688 SPRUCE ST
ASPEN, CO 81611
CUNNINGHAM ROBERTA J
PO BOX 9211
ASPEN, CO 81612
HOLGATE HOWARD B
114 FREE SILVER CT
ASPEN, CO 81611
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".... SPOFFORD FRANK
PO BOX 2535
ASPEN, CO 81612
ALLEN VIRGIL G
PO BOX 3765
ASPEN, CO 81612
GEIST SUSAN L
PO BOX 8431
ASPEN, CO 81612
BABBITT SUSAN
834 VINE ST
ASPEN, CO 81611
HUNTER CREEK COMMONS CORP
INC
1400 VINE ST
ASPEN, CO 81611
HUNTER CREEK COMMONS CORP
INC
1400 VINE ST
ASPEN, CO 81611
FERGUSON ROBIN PATRICIA
PO BOX 2691
ASPEN, C081611
SMUGGLER HUNTER TRUST
ALEY ELIZABETH TRUSTEE
0002 WILLIAMS WAY
ASPEN, CO 81611
OATES SARAH M
112 FREE SILVER CT
ASPEN, CO 81611-3209
PEKKALA EVA C
PEKKALA ERIC W
PO BOX 936
ASPEN, CO 81612
PALMAZ ALEJANDRO
ROBREDO MARIA T
PO BOX 9755
ASPEN, CO 81612
BALL DAVID S
119 FREE SILVERCT
ASPEN, CO 8161 1-3210
MCCRORY CHARLES B JR
PO BOX 3512
ASPEN, CO 81612
CARP RESA ANNE
A LIMITED PARTNERSHIP
PO BOX 10432
ASPEN, CO 81612
LEE CRIST AL
124 FREE SILVER CT
ASPEN, CO 81611
SABARESE WILLIAM F
205 S MILL ST #224
ASPEN, CO 81611
STONE FRANCES PATRICIA
PO BOX 3870
ASPEN, CO 81612
SALVADORE TERESA
ARMSTRONG JOHN B
129 FREE SILVER CT
ASPEN, CO 81611
DEVILBISS JUDSON E
PO BOX 5012
ASPEN, CO 81612
WOLFF SUZANNE L
PO BOX 1686
ASPEN, CO 81612
OLSEN DEANNA K
220 FREE SILVER CT
ASPEN, CO 81611
CORBETT PAUL CHARLES
PO BOX 2884
ASPEN, CO 81612
MERKEL WERNER
PO BOX 9971
ASPEN, CO 81612
BARBOUR REGINALD DONN
PO BOX 4194
ASPEN, CO 81612-4194
FERRO TESS
PO BOX 8563
ASPEN, CO 81612
SAMET JEANNE E
PO BOX 8596
ASPEN, CO 81612
NORMAN JUDY KAY
314 FREE SILVER CT
ASPEN, CO 81611
KLEIN RICHARD LAIRD WOLFGANG
PO BOX 737
ASPEN, CO 81612
SIMMONS SUSAN
319 FREE SILVER CT
ASPEN, CO 81611
KULZER DENNIS
320 FREE SILVER CT
ASPEN, CO 81611
,
"PASTERNAK CAROL ANN
120 FREE SILVER CT
ASPEN, CO 81611
SPAROVIC CHRISTINE
123 FREE SILVER CT
ASPEN, CO 81611
BRACHER KIMELISE M
PO BOX 4002
ASPEN, CO 81612
BEACH CATHERINE A
PO BOX 8432
ASPEN, CO 81612
SKAR V AN ERIK S
215 FREE SILVER CT
ASPEN, CO 81611-3213
ROBERTS CHARLES W
11 MADISON CIR
GREENFIELD, MA 01301
CA YE ANNE-MARIE
225 FREE SILVER CT
ASPEN, COgj611
HANAH CHERYL M
313 FREE SILVER CT
ASPEN, CO 81612
SILVERMAN KAREN E
PO BOX2615
ASPEN, CO 81612
CROSS EDWARD T
CROSS SUSAN K
PO BOX 1843
ASPEN, CO 816\2
GREEN GWENDOLYN RENEE &
DA VlD C
AS JOINT TENANTS
323 FREE SILVER CT
ASPEN, CO 8161 I
EIRMAN THOMAS F
4931 NE 36TH AVE
PORTLAND, OR 9721 1.7621
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
KOCIELA DANIEL A
212 TEAL CT
ASPEN, CO 81611
ZUEHLKE WILLIAM M
PO BOX 806
ASPEN, CO 81612
BRAUNIG MARTHA J
PO BOX 761
ASPEN, CO 81612
DANFORTH ALISON C
PO BOX 3763
ASPEN, CO 81612
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LAFFERTY MICHAEL P & HEATHER S A LIMITED PARTNERSHIP
324 FREE SILVER CT 325 FREE SILVER CT
ASPEN, CO 81611 ASPEN, CO 81611
READER WILLIAM
327 FREE SILVER CT
ASPEN, CO 81611
SCHLUNDT SUSAN
412 FREE SILVER CT
ASPEN, CO 8161 I
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 8161 I
JENKINS MAURI JANE
JENKINS JANE J
PO BOX 4152
ASPEN, CO 81612
MARQUIS JANET L
PO BOX 2712
ASPEN, CO 81612
MINK KATHLEEN
224 TEAL CT
ASPEN, CO 81611
LEVERSON JANET V
221 TEAL CT
ASPEN, CO 81611
JOSEPH MARK C
329 FREE SILVER CT
ASPEN, CO 81611
KLONOWSKI JOHN A
420 FREE SILVER CT #D20 1
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
/GRINSTEAD LAURA L
HULEY MARC J
317 TEAL COURT
ASPEN, CO 81611
'''FORSEILLE JULIA S
315 TEAL CT
ASPEN, CO 81611
CARROLL TWILA
314 TEAL CT
ASPEN, CO 8161 I
ZACHARY MARC
PO BOX 4494
ASPEN, CO 81611
PRZYBYLSKIALBERTL
312 TEAL CT
ASPEN, CO 8161 I
DRESSLER ROBERT C JR
310 TEAL CT UNIT P 110
ASPEN, CO 81611
OTTE GAIL 0
329 TEAL CT
ASPEN, CO 81611
KILLIAN LINDA H
328 TEAL CT
ASPEN, CO 81611
GOKEY REED SOYKA FREDERICK K TYLER MICHAEL & LISA
327 TEAL CT HOBAN SONY A L PO BOX 10564
ASPEN, CO 81611-3256 326 TEAL COURT ASPEN, CO 81612
ASPEN, CO 81611
O'DRISCOLL KEVIN KIRKHOFF TRACY A ROSENBERG CHARLES WILLIAM
DRISCOLL JOSEPH ROSENBERG JANICE MARY
PO BOX 9995 323 TEAL CT 322 TEAL COURT
ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611
WHEELER PATRICIA A KENNAMER SANDRA SMITH KENNETH M
WHEELER KEITH A AS JT TENANTS PO BOX 11947 PO BOX 11334
PO BOX 3513 ASPEN, CO 81612 ASPEN, CO 81612
ASPEN, CO 81612 ,~
STAUTH PATRICIA C PARKER ANNE LISE BYRNE PHILIP J
412 TEAL CT 410 TEAL CT 424 TEAL CT
ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611
MACKAY SANDRA L
PO BOX 3431
ASPEN, CO 81612
STEWART CHRISTOPHER W
422 TEAL CT
ASPEN, CO 81611
GOLLNER HERMANN
421 TEAL CT
ASPEN, CO 81611-1566
KESSLER DIANE & CHUCK
420 TEAL CT #Q206
ASPEN, CO 81611-1566
LAING SALLY
415 FREE SILVER CT
ASPEN, CO 81611
MORRELL CONSTANCE G
PO BOX 5121
ASPEN, CO 81612
CENTENNIAL ASPEN
A LIMITED PARTNERSHIP
100 LUKE SHORT CT
ASPEN, CO 81611
WILLIAMS RANCH JOINT VENTURE
C/O MARK IV INC
3214 CAMPANIL DR
SANTA BARBARA, CA 93109
WILLIAMS RANCH JOINT VENTURE
MARK IV INC -C/O
3214 CAMPANIL DR
SANTA BARBARA, CA 93109
...........
LIPTON HUNTER
7324 MAHOGANY BEND CT
BOCA RATON, FL 33434
...."....
-
.....
\;.. ,.'
September 28, 1998
Debbie Fuller
1st Nationwide Mortgage
, Department 1009
5280 Corporate Drive
Frederick, MD 21701-7701
II
ASPEN . PITKIN
COMMuNITY DEVELOPMENT DEPARTMENT
Re: 2 Williams Way, Aspen, Colorado
Dear Ms. Fuller:
eDie:@ove captioned prop " .,.. .' l'oximaiely 43,560 square feet in its current.
.' ",:'t:l>fi!igUl'alion. The. ':O"~gl~r Hunter Trust, is requesting to subdivide the
property, prQ < -':: parcel of27,001 square feet within the RMF-A Zone
Dist.tic~~\t\'" parcel is f6,559 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 krlow if you need further clarificati~n.
Sincerely,
~W1' ~M1J
Christopher Bendon, Planner
City of Aspen
cc. Maxwell Aley
~
13.0 SoUTH GALENA STREET. ASPEN, COLORADO 81611-1975 . PHONE 970.920.5090 . FAX 970.920.5439
Prinlednn Re<:yded Paper
_._~._ __ _. __n<- ____~"'~_ , -
B9/22/1998 15:25 3B39255376
MAXWELL ALEY
PAGE el
,,-,
-
" .,0
',....
MAXWRLL ALIl.Y
A1tAftItJ1 _ Cuo.d rln( at La'"
,
3937 P 101.-:
pllOllia. CO 81428
T~:
(9'JO) '11-5651
FAX 521-5555
~ 22,1998
Chris BeJKIoD
l'IaJmI!t
Co1\tJll1lllity DevelopJDeOt Dvpon tmcot
City ~ AspeD VIA FACSIMILB 1'RANSMISSION TO:
130 South Galena Stml (910) 920-5439
Aspen, CO 81611
SUbIti.,moa-a.-inI ApplicatiOP
for 0002. Williallll WIY, Aspe8
Deer Chris:
in order 10 obtain the partial relWO of the first \ielIbO\der in ~ 'Nitb the captiolICld
11JIttcr, we need to sbaW the IeDJer . statement (ldII:t) from the City of AJpaI stating 1ltal
the cbaDge in the dilQCll5iooS of the subject propertY meet r.oning req~'
Would you be kind enough 10 !lIIPPly sueh. k:tk:r or b8Ve die lIW'upriIte official do sn'llt
sbould be lICkh..ssed to the foUovnng:
1" NatiODWidc MortPF
,. l)epIItIDClIt 1009
5280 emponte Dri~
1'I:'lldcridC. MD 21701-7701
~.tioD: Debbie Puner
cc: Mallwe11 Aley It above addteIlI
Sucb action will expedite our closiDg wi1h the City.
-~-'-~--'~~'"'' ~.,.,~'.'''..'<'-
09/22/1998 15:25 3039255376
MAXWELL ALEI'
PAGE 02
,...,
""'~"
--."./
.......,.
on Bendun
St.,6,...ba' 22. 1998
PaF~
I will be ell.~g $htriy to ,.....d.e a IdlEr froRI you 5bItblg tat CIUl' ~ is
~.
1 hlIk: lu be ~ lIboat thi5. bel if ytlIII ooakt apift dIlll1- P &. Z ~ to $lle if we
em IItip ..., II po5IIibk QCIIIl:Y lit the ~ (/' ..--ti..g. ~ is 5tiIt ..., to polIt atd
ftIllil ....Ai..A - bBdJ.
MalI1 tlIaBb.
~~
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---
.....""....
II
Mr. Maxwell Aley
3937 P 10 Lane
Paonia, CO 81428
ASPEN . PITKIN
CO\.l~U~ITY DEvfloPME~, DEPARTME~T
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 totai 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 it 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 RMF A 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:
Duplex:
Multi-family:
4345 s.f.
4765 s.f.
7740.36 s.f.
130 SoUTH GALENA STREET' ASPEN, COLORAOO 81611-1975 . PHONE 970.920.5090 . FAX 970.920.5439 .,-
r
Printed 00 Rec\'cled Paper
.
.......
-
'-".
.",...,~'
If you have any other questions regarding this interpretation related to your property,
please let me know.
,Sincerely,
r' G / /..
,..fA--./ 'C-/ '-'--"
'~
Julie Ann Woods, A.r.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
~le Family = 5170
Duplex = ~ .S'S".3
Multi-Family = 13,701
Lot 27,001 (-5500)= 21,501
Angle Family = 4345
...8"uplex = 4765
..M1ulti-Family = 7740.36
Lot 20,500 (-5500) = 15,000
..atngle Family
.f1uplex
..Multi - F amil y
= 4020
= 4440
= 15,000
,....~,
.___"-----.-----.--. _ __.... __h_"_.,_~_
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JJwt ti.- ~ uJ/u d. rnJ. -Iv /U v,'-e...-J ~
1un.!;US fir ~ ~ fJAA--rcf ~-h
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sjy-~d ~ ll'-FlP-
(0-,," f~J4!:"..,~,.....J Fru~ fCcvk-
(, crElO-+,
. ,
Dear Julie ADD: ' Uol ~ f (PI 00'" -to <.. i;;}
Sevenl months ago I spoke to you 011 the ~, at die wlIlmiOll eX V_
regarding the int~OlI ~ the City of Aspeo LIJld Use Code ""db particular reference
to the dIlfinitioo Lot Area UIllkf 1bat ~ the an:lI of. dty stn:lCt is cIedurted. from the
area of the lot tha iiiclIl fur calclllating FAR (floor area), but you told me tbat the
language would not have the effect of a .alucUon for area utilized for other' \lll~ lIUCIl
1$ the City parle easement tbat Is the subject of a coatract between the City of A~ and
the owner of the subject property.
'"'.....,~-,~~~..~"-,.....-
01/06/1995 06:58 3039255376
MAXWELL ALEV
PAGE el
-
-..,
....-i
......"....
UAXWELL AJ,.Hy
A1tonIey Il1I4 eoa-lor III Law
3937 P 10 LaDe
Paooia, CO 81428
Te~~
(970) 527-5651
FAX ,21-SSSS
Seplembcr IS, 1998
Julie Arm Woods
PlIDner
AspenJPitcoPlalming
ComlllllRity Development Depu:tmen1
130 South Galena Street
Aspen, CO 81611
VIA FACSIMILB TRANSMISSION TO;
(970) 910-,.39
0002 Williams Way
Aspea, CO 11611
When I read the Code Jaauaae I found illess lIIIIn aystaI clear on tbe issue.
Consequently, your ilaal"'ctlWon WI$ a belpful clarification. It was Ilho 8wmy Vmn' S
interpretatioD.
Because !be mattef ill -'e<l for guidatlce in caIcuJating FAR fur the subject property, I
hereby req\lC$ll ldtl:r from you or some otber audPlrized official of !be CommoDity
DevelopmcDlDq-tmeDl confirmlD& your inIeqnlIdioD.
Yon _y reclIll tbal we met personally at the SylllpllSium 00 Historic Preservation Sl)IIIl!
weeks ago
(C ~o-J;i (~
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01/06/1995 06:50 3039255376
,.......
"-
MAXWELL ALEV
PAGE 02
""""
'-'
Julie Ann Woods
So.pIember 15, 1998
Pqe two
As you can see ft'om my new address. I have JDOVed to PIOIIia with my family. wbere we
win probably be dealing with Historic Preservation in tbe future. Tllen: are a few veJY 1Iil:e
old victorians here, ooe of wbicll is OlIn.
At ~d Delta Couaty bas no land use code. nor building code, whid\ mUcs Ufe at least
siropler .
I wJ1l be most grablful for your .s,;-'" 01\ this 1IIItter.
;i::~
Maxwell Aley
cc:: Bill Stirling
Rich Wagar
~
,...
.........~
MAXWELL ALEY
0002 Williams Way
Aspen, Colorado 81611
(970)-925-5376
Fax & telephone
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
~,\22-?324<5
....:... <e
67 ~ ~
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\.'.: Cit'! M\orne'/'s.
-. o\\!ce
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Ot6'8i.. )'?
Sale of Park at 0002 Williams W~
Dear David:
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.
cc: Amy Margerum
Jeff Woods
~
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Cd Jf . \-y c.o
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. " _ I ",-if'"
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Cordially,
~~
-
,...",
'" ..",/
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
RMF A zone district, which would require a minimum lot size of 27,00 I.
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
R1MFA 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.
,"".
....,;.
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
Duplex
Multi-Family .
= 4020
= 4440
= 15,000
,..,
.J
'lo,
LAND USE ApPLICATION
PROJECT:
Name: SMUGGLER HUNTER TRUST SUBDIVISION & REZONING
Location: 0002 Williams Way, Aspen, CO 81611
(Indicate street address, lot & block number, legal description where appropriate)
ApPLICANT:
Smuggler Hunter
3937 P 10 Lane
Trust, Elizabeth Aley, Sole Trustee
f~lc, CO 77~~
Name:
Address:
Phone #: (970) 527 - 5 6 5 1
REPRESENTATIVE:
Name: Maxwell Alev. Attornev at Law
Address: 3937 P 10 Lane
Phone #: (970 527 - 5 6 51
TYPE OF ApPLICATION: (please check all that apply):
o Conditional Use 0 Conceptual PUD
o Special Review 0 Final PUD (& PUD Amendment)
o Design Review Appeal 0 Conceptual SPA
o GMQS Allotment 0 Final SPA (& SPA Amendment)
o GMQS Exemption liD Subdivision & Re z on in g
o ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes
Margin, Hallam Lake Bluff, condominiumization)
Mountain View Plane
o Lot Split
o Lot Line Adjustment
o Temporary Use
o TextlMap Amendment
o Conceptual Historic Devt.
o Final Historic Development
o Minor Historic Devt.
o Historic Demolition
o Historic Designation
o Small Lodge Conversion/
Expansion
o Other:
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
A duplex residence is located on the North end of the one (1) acre orooerty
on the N. side of Williams Way. The portion So. of the street is vacant and!
un eve ope .
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
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?
IE Pre-Application Conference Summary
o Attachment #1, Signed Fee Agreement
o Response to Attachment #2, Dimensional Requirements Form
o Response to Attachment #3, Minimum Submission Contents
o Response to Attachment #4, Specific Submission Contents
o Response to Attachment #5, Review Standards for Your Application
FEES DUE: $exempt per contI
r
"'-'
MAXWELL ALEY
Attorney and Counselor at Law
3937 P 10 Lane
Paonia, CO 81428
Telephone:
(970) 527-5651
FAX 527-5555
September 11, 1998
-\ r ( "'::J .
... L/(c..- - , : ,~:-,
Christopher Bendon, ASLA
Planner
Aspen/Pitkin County
Development Department
130 South Galena Street
Aspen, CO 81611
I t\ ;")1.' \!,)../
~ Ud'M''( ~ W .~~:.
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J, 'J
Smuggler Hunter Trust Subdivision
and Rezoning Application for City
Park at 0002 Williams Way, Aspen
Dear Chris:
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/MF A 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 Parle
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
--
l....",
.....
,
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 Rewning 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,
~~
Maxwell Aley
cc: David Hoefer, Esq.
Assistant City Attorney
w/enclosures
Rebecca Schickling, City Parks
w / enclosures
"......
\...,.>
/-""
, "
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER:
Chris Bendon, 920.5072
DATE: 8.28.98
PROJECT:
REPRESENTATIVE:
OWNER:
TYPE OF APPLICATION:
DESCRIPTION:
Aley Subdivision and Rezoning
Maxwell Aley
Maxwell Aley. 2 Williams Way; Aspen, CO 8161]
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
Land Use Code Section(s)
26.88 Subdivision
26.92 Rezoning
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,
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.
Engineering, Parks, Zoning
Planning Deposit, Major (12 hours) ($2160)
Engineering Fee, Major ($270);
$2,430 (additional hours are billed at a rate of$180/hour) Please show proof of waiving land use
fees,
Public Hearing:
Referral Agencies:
Planning Fees:
Referral Agency Fees:
Total Deposit:
To apply, submit the following information:
1, Proof of ownership,
2, Signed fee agreement. - ex, Co..k.cA--h. """\\1(, b.
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 ofa
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 = Ilea.; Planning Staff = 2
7, An 8112" by II" 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.
c
...-
"
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.
11. 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 mayor 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.
"...
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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 fariIilies and whiCh may be equipped
with picnic tables and playground equipment. puring the ten (10) year period,
no volleyball, skateboard, or basketball facility shall be provided in the park. Any
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.
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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 coiiaition of this
contract shall be that the Seller's remaining property after the closing of the contract
shall ~e a legall~~um 27~201 sq. ft.) pursuant to the R1MFA 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.
f. The Seller shall execute and deliver at closing a perpetual easement for the city
ark in the form attached hereto as Exhibit "C" covering that portion of the Seller's
remaining property lying on the south SIde of Williams ay,..I
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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
"I" of Exhibit "C" of this contract.
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h. This contract shall be governed by and construed in accordance with the laws of the
State of Colorado.
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 representative's indicated
below:
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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.
I. 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. @/iJt~
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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
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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 excessi ve 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 potentia] 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
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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 [rom 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
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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 any 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 Tms 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.
ATTEST:
Kathryn
City Cler
By: /Q;'~..~
Elizabeth y
Sole Trustee
SMUGGLER HUNTER TRUST
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EXHIBIT nAn
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
RfMFA Zoning District, to wit:
A parcel of land situated in the Southeast 1/4 of Section 7,1
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. 19.16' 09n W.
250.79 feet;
thence S. 88.48'36n E.
thence S. 01.02'42n W.
thence N. 88.48'36n W.
thence N. 00.30'00n E.
139 feet;
316.8'1 feet;
135.99 feet;
316.83 feet to
the point of beginning;
Also known as 0002 williams Way, Aspen CO 81611
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IMPROVE.\-iENT AND DEV'=...LOPMENT DEED'RESrRICTION
" ilk This Improvement and Develcpme:u Deed Re.stric:ionis made al)d entered into this
'l.!:.:..: day of V\o/e,w. !:J..-../'.......... 1)-93 be:-.vee:J'the Pitkin County Board of County
. Commissioners ("Grantor") and the Smu&:gIer Hunter '!nJSt, a trust registered in Pitkin
COUnty Distric: Court as Case No. 88 PR 16 ("Grantee").
R2CIT.~
Whereas, the Grantor is the owner of certain real property located in Pitkin County,
more. fully described in the Special Wa:7a~ty Deed to which this Deed Restriction is
attached as Ex.hibit C C"Property"); a:Jd
%ereas, Grantor wishes to cC:Jvey and Grantee wishes toac:cept the Prope:'1Y
punuant to a Real Property Exeha::ge Conerac: between the panies which provides that
improvements and development will be prohibited on that portion of the prope:ty lying
, South of Williams Way. '
NOW rriEREFOR2., in consideration of Te:l Dollars and the funher consideration
supporting the attached Special Wa::a..:ty Deed, the sufficie:JCY of which is hereby
acknowledged, Grantor ane Grantee re;:r=.sent, covenant and agree as follows:
1. Grantee, its succ=.sscrs and as!;g:;s is prohibited, enjoined and forever barred
from constructing or allowing to be c:::::st;".Jcted, a.."lY st,uctures, buildings, improve::I),ents,
or facilities of any kind or nature, or a:JY deve!opme:lt, as deveiopment is defined in tbe
Pitkin CAunty Land Use Code, inclucing but :Jot limited to fencing, on the Southerly 185
. feet of the Property. Grantee is aliowe::, however, to landscape with vegetation and to
construct 'andmaimain gardens or. the Southerly 185 feet of the Prope:ty.
2.,Tae panies hereto may supplement the above description of t~e Property
with a certified survey prepared at a later date ex.hibiting. and detailfng -that all
- construction, buildings, improvements or !adties, of any kind or nature, or development,
, as development is defined in the Pitkin County Land Use Code, is proh.ibited from the
portion c.f the Proper'tj'located South of Williams Way.
'3. :. This Deed Restric:ion shall constitute covenants running with the real
property as a' burden thereon. for the beneSt of, and shall be specifically enforceable by,
the Pitkin County Board of County CO""""'issioners, and its successors and assigns, as
applicable, by any appropriate legal ac:ior:, ir.cluding but not limited to, injunction,
abatement, reversion, specific performance, cr eviction.'
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4. There is hereby rC$e:-ved to the Partic.s hereto arry lIIld all remedi6 provided
by law ior breach of this Agreement and Ded Restriction or lIIly of its terms. In the
evt:nt the Parties resort to litigation with respec: to any or all provisions of this Agreement
lIIld Deed Rc.stridon, the prevailing par:y shall be entitled to recover damages and costs,
including reasonable attorney's fees.
.5. . The provisions and covenants conlaincq herein shall inure to and be binding
'upon the heirs, su~i:ssors and assigns of the Grantor and Gramee.
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,6. No claiIIl; of waiver, co'nsent or acquiescence with respect to any provUion
of this Agrecme:lt and Deed Restriction shan be valid against 'lny party hereto except On
the basis of a written instrument executed by the parties to this Agreement and Deed
Rc&triction. ' .
7. Grantee' agrees that it shall be personally liable for' any of violation of the
provisions herein. The te= "Grantee" shall mean the person or persons who shall acquire
,an ownership interest in the Property in compliance with the ter:ns and provisions of t.his
Agreement and Deed Rest.-iction; it bein; understood that such person or persons ihall
be deemed the "Gramee" hereunder only during the period of his or her ownership
interest in the Property and ihall' be obiigated hereunder fer the full and complete
pe:for.nanee and obse:van~ of aU cove:lants, conditions and restrictions contained herein
during such period.' ,
In witness hereof, the Parties hereto have executed this instrument on the day and
. year Erst wrinen.
Grantor
Pitki."1 Counr-J Board of
By:
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untv Commissioners
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Bill
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STATE OF COLORADO )
, ) SL
COUNTY OF PI1X!N )
, .
. ' The foregoing was acknowledged before me this
---,1993, byp.;11 fL;1'te M (1.,lAr'(,~ ot-fu rocc..,
'111V'- day o'f ~(}JOv,. ~
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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 title of the real property described
in Schedule "I " 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 pan 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 ($10.00) 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 pan 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,
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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.
t"
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
By
Elizabeth Aley,
Sole Trustee
THE CITY OF ASPEN, COLORADO
~~hn Bt; Ma~!~
ATTEST: , //
BY~~
Kathryn K '
Aspen City Clerk
ale\easeJel1t.k '
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SCHEDUIJi: "1"
Attached to and made a part of
that certain'V,acant Land Farm and
Ranch Contract to Buy and Sell Real
Estate dated September 4, ~997 between
The City of Aspen, as Buyer, and
Smuggler Hunter T=ust, as Seller
EASEMENT DESCRIPTION
That portion of the followL-lg described property lying between
the South line of the City of Aspen Street called "Williams Way"
and Harth of an East-West line delineating the northerly portion of
the following described property comprising a 27,OO~ sq. ft. legal
minimlIDl lot per the city of Aspen RjMFA Zoning District, to wit:
A parcel of land situated in the Southeast ~/4 of section 7,
Township ~O South, Range 84 West of the 6th P.M., Pit.ltin
County, Colorado. being more fully described as follows:
Beginning at a point whence a 1954 brass
Center 114 Corner of said Section 7 bears
250.79 feet;
thence S. 88.48'36" E.
thence S. 01.02'42" W.
thence H. 88.48'36" W.
thence H. 00.30'00" E.
cap set for the
H. 19.16'09" W.
139 feet;
31.6.8::' feet;
135.99 feet;
316.8,3 feet to
the point of begi~ing;
Also known as 0002 Williams Way, Aspen CO 81611
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ATTACHMENT 2
DIMENSIONAL REQUIREMENTS FORM
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Project:
Applicant:
Location:
Zone District:
Lot Size:
Lot Area:
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(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,)
Proposed:
Proposed:
Proposed:
Commercial net leasable:
Number of residential units:
Number of bedrooms:
Existing:
Existing:
Existing:
Proposed % of demolition (Historic properties only):
DIMENSIONS: ~\.c.
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 FIR: 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:
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Smuggler Hunter Trust Subdivision and Rewning Application
ATTACHMENT #3
Minimum Submission Contents
I. 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, 1nc.'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.
5~P 14 '98 11:49~M J::;R A5S0CIAT~S
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P.l
BLlZABBTH ALBY
3937 P 10 LaDO
PIoaia. CO'142.
Teleploae: (970) '27-'651
Seplembcr 11, 1998
CommODity Development Department
Planning Oftlc:e
City of Aspeo
130 Soutb Galena
Aspen, CO 81611
Suhdivlsioa and Re&ODilll Applic:atioD
of SIIl1a.JJ1... Ifuater Tntlt for
Plupolel of Creadq . City Park
It 0002 William. WI)', Alpea
AI tbe lOJe trultee of the SmuuJer Hunter Trust, Ownlll' of the subject property, I
bereb) duipar.e the folJowinll penon II my represenbdive in C:OM~tion with the
captioned applic:atiOll:
Maxwell Aley
Altonaey It Law
3937 p 10 ~
PloaJa, CO 11428
Teleplloae: (970) .527.5631
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Sincerely,
2L..;:~~
EI~ ~or the ' T
SmuUIer HODtel' Tl1lst
tB 39':1d
^3l':1 ll3MX':11\1
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EXHIBIT A
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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 88"48'36" B 139.00 feet;
thence S 01002'42" W 316.81 feet;
thence N 88048'36" W 135.99 feet;
thence N 00030'00" E 316.83 feet to tte point of beginning.
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TOTAL p.rn
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URN HOI DB CONSENT
The lIIldersigDed lIIOrttagec holds . lien 011 tIac real p.. .......t, blown as 0002
Williams Way, A$peJI. Co1cndoI1611. wbichialeplly deIc:rlbe4iaEddbit "A." KIeto,
which is iDcorpo.ratcd H:reia by mih......e.
The 1IIIdersipod Ilereby corn.1s lID die fiIiq with the City of Aspen, CoJcndo.
of I SDbdivisiOll 1PP1icatioa for such "'V1'<"t) by tIIc 0WJIel' thereof.
,-/(.,
Dated tbis .rLda, of NOTcmIJa'. 1997.
OF SOUTH DAKOTA
aad Title
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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, reserving, 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,
possihle 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.
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Smuggler Hunter Trust Subdivision and Rewning Application
ATTACHMENT #5
Review Standards
Development Application for Subdivision and Rezoning
Responses by Applicant
I. General Requirements:
a. The proposed subdivision and rewning 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
1
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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 pennanent 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. Stonn 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 defmed.
(4). Calculation and Quantities of Flow. Existing conditions not
applicable to he standard defmed.
g. Flood Hazard Areas. Not applicable.
2
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"
,
.
h. The only proposed structure would be playground equipment and rest
rooms.
I. Variation of design standards. Not applicable.
5. Atl'ordable Housing.
Not applicable.
6, School Land Dedication Standards.
Not applicable.
Suhdivision 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.
fa
'WI
Commitment for Title Insurance
Fidelity National Title Insurance Company
A Stock Company
COMMITMENT FOR TITLE INSURANCE
FIDELITY NA TIONAL 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 offic.er or agent.
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid
when countersigned by an authorized ollicer 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,"
FidelityNationalTitlelnsuranceCompany
~
BY #~!ff (
president
Countersigned
ATIEST
~'fjw'~=K~
c.:s s.-,y
FORM 27--83-66 (9/94)
ALTA COMMITMENT. 1966
Valid Only if Schedule A and B are Attached
The conditions of this commitment require Ih.J1 the premium .Jnd ch:u"se be JU.id prior to the iuu.ance 01 the tide polky(s). Therefore. no policy(s) will be mud
until the ch;uges hue been remined to the issuing .JsenL
..-.
.~,
FNT
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: OS/20/98
at
08:30 A.M.
Case No. PCT13119C2
2. Policy or policies to be issued:
(a) ALTA Owner's Policy-Form 1992
Amount$ 175,000.00
premium$ 347.00
Rate:RE-ISSUE
Proposed Insured:
CITY OF ASPEN
(b) ALTA Loan Policy-Form 1992
Amount $
premium$
Rate:
Proposed Insured:
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. S1611
970-925-1766
970-925-6527 FAX
AUTHORIZED AGENT
Schedule A-PG.l
This Commitment is invalid
unless the Insuring
provisions and Schedules
A and B are attached.
.....~'"
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 19016'09" W 250.79 feet;
thence S 88048'36" E 139.00 feet;
thence S 01002'42" W 316.81 feet;
thence N 88048'36" W 135.99 feet;
thence N 00030'00" E 316.83 feet to the point of beginning.
NOTE: 9PON RECEIPT OF A REVISED SURVEY THE ABOVE LEGAL DESCRIPTION
WILL BE AMENDED ACCORDINGLY.
,....~
,.-.
FNT
SCHEDULE B - SECTION 1
REQUIREMENTS
The following are tbe 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
recept~on 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
To
SMUGGLER HUNTER TRUST
CITY OF ASPEN
4. Certificate of nonforeign status executed by the transferor(s). (This
instrument is not required to be recorded)
5. 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)
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FNT
SCHEDULE B SECTION 2
EXCEPTIONS
The policy or polici~s 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.
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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
~atisfactory 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
the Insuring Provisions and schedules
A and B are attached.
Schedule B-Section 2
Commitment No. PCT13119C2
."'......
CONDITIONS AND STIPULATIONS
1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or 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 8 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 tothe
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, nen, encumbrance, adv~rse 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.
~
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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 n:iade 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 ofland situated in the Southeast 1/4 of Section 7, Township 1 0 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 Comer of said
Section 7 bears N 19016'09" W 250.79 feet;
thence S 88048'36" E 139.00 feet;
thence S 01002'42" W 316.81 feet;
thence N 88048'36" W 135.99 feet;
thence N 00030'00" 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 assigrunent 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:
I. 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 ofthe 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.
1
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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 ~ith 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 counselor 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 ofthis 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
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(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 sal~ 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 bona fide 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, shaH 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 shaH 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,
3
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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 p.f:rtaining 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
~~ ~~~
ASSIGNOR
ASSIGNEE
ACCEPTANCE OF UNDERTAKlNG BY
MAXWELL ALEY
Ik
Maxwell Aley
ACKNOWLEDGEMENTS
STATE OF COLORADO )
County of Pitkin ) ss,
The foregoing instrument was acknowledged before me this ? Jlt-aay of October, 1998
by both Elizabeth Aley, Sole Trustee of the Smuggler Hunter Trust and by Maureen Mary
Kinney,
My commission expires:
Witness my hand and seal.
(Seal)
Wtf eorr.mln'-:In explr.
I)eCembel' 6, 2000
4