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Home My WebLink AboutLand Use Case.S Aspen St.0015.2006.ASLUSDUTH ASPEN ST PUD EY.T VESTED RIGHTS Case 0015.2006.ASLU i5u't I 0 - 0 1 PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of the extension of a vested prop- erty right pursuant to the land Use Code of the City of Aspen and Title 24, Articz 68, Colorado Revised Statutes, of a site specific development plan, pertaining to the following described prop- erty: Block 6 of the Eames Addition to the City and Townsite. Lots 7-12, Block 11, Eames Addi- tion to the City and Townsite of Aspen, and Lots 13-20, Block 11, Eames Addition to the City and Townsite of Aspen., by Resolution of the City Council numbered 36, Series of 2006, on May 8, 2006. The Applicant received a one year exten- sion of his vested rights until July 28, 2007, to de- velop the site with their approved development plan of fourteen (14) free-market townhomes and seventeen (17) affordable housing units. For further information contact Jennifer Phelan, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920- 5090. s/ City of Aspen Published In the Aspen Times Weekly on May 14, 2006.(3706) City of Aspen Community Development Dept. CASE NUMBER 00 1 5.2006.ASLU PARCEL ID NUMBER 9999-99-9-99-999 PROJECT ADDRESS 0 ZERO PLANNER JENNIFER PHELAN CASE DESCRIPTION VESTED RIGHTS EXTENSION - SOUTH ASPEN ST SUBDIVSION/I REPRESENTATIVE SUNNY VANN 925-8336 DATE OF FINAL ACTION 8/9/2006 12:0( CLOSED BY Denise Driscoll x * * TRANSMISSION RESULT REPORT(IMMEDIATE TX) ( JAN. 6.2006 4:37PM ) * * z FAX HEADER 1: COMMUNITY DEVELOPMENT FAX HEADER 2: DATE TIME ADDRESS MODE TIME PAGE RESULT ----------------------------------------------------------------------- JAN. 6. 4:35PM 9251381 G3ES 1'02' P. 1 OK # :BATCH C :CONFIDENTIAL $ :TRANSFER M :MEMORY TX L :SEND LATER @ :FORWARDING S :STANDARD D :DETAIL F :FINE U :SUPER FINE X :EXTRA SUPER FINE b :COLOR * :LAN —FAX + :ROUTING Q :RECEPT. NOTICE REQ. USER NAME FILE ------------------------- 5059 P :POLLING E :ECM O :300dpi !$:REMOTE TRANSFER A :RECEPT. NOTICE i • DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows for the extension of vested rights for the development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The vested property right shall expire on July 28, 2007, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of the initial Order. This Development Order is associated with the property noted below. Aspen Land Fund Il, LLC— Attention John Sarpa, 300 Spring Street, Suite 301, Aspen, CO 81611, Phone: (970) 544-3541 Property Owner's Name, Mailing Address and telephone number Block 6 of the Eames Addition to the City and Townsite, Lots 7-12, Block 11, Eames Addition to the City and Townsite of Aspen, and Lots 13-20, Block 11, Eames Addition to the Cites Townsite of Aspen. Legal Description and Street Address of Subject Property The Applicant received a one year extension of his vested rights until July 28, 2007 as were originally granted by Ordinance 32, Series 2003. Written Description of the Site Specific Plan and/or Attachment Describing Plan City Council Resolution No. 36, Series of 2006, 5/8/06 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) July 29, 2006 Effective Date of Vested Rights Extension July 28, 2007 Expiration Date of Vested Rights Extension (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 22"d day of M y, 2006, by the City of Aspen Community Development Director. RL Chris Bendon, Community Development Director ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: LA* 13- u%, 4M-4* 1 I eAW1% AM. , Aspen, CO SCHEDULED PUBLIC HEARING DATE: M1 8 , 200&-A STATE OF COLORADO ) ) SS. County of Pitkin ) I, NIM K/! (name, please print) being or represen ing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen 15) days prior to the public hearing and was continuously visible from then day of , 200&, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. The fomazi ing "Affidavit of Notice" was acknowledged before me this 6 'day of , 200&, by X l M t6i�- 1 WITNESS MY HAND AND OFFICIAL SEAL JAME t MEOEAM y co mission ires: Nokry PL0c state 4 ca«ado N ry Public ATTACHMENTS: COPY OF THEPUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL NOTICE OF PUBLIC HEARING DATE MAY 08. 2006 =TIME s 00 P M PLACE ASPEN CITY (OU1101. (HAMBEPS -(ITYf HAIL 130 S GALENA ST ASPEN CO BODY ASPEN CITY (OUN(IL TYPE / PURPOSE: 0~ iO CONSIDER AN APPLI(ATIOtI SUBMITTED BY ASPEN LAND FUND 11 Lt( 300 SPRIIIG STREET. SUITE 301 ASPEN, (0 81611. WHI(H IS THE OWNER OF THE SUBIECT PROPERTY THE APPLICANT REOUESIS A ONE t E.AR EXW6ION (UNTIL lULY 2$.2007) Of THEIR VESTED RIGHTS 10 DEVELOP THE SIZE W1111 THEIR APPROVED DEVELOPMENT PLAN OF FOURTEEN (1 a) FREE MARKET 1OWNHOMES AND SEVENTEEN(] l) AFFORDABLE HOUSING 11NI1S THE PROPERTY IS LEGALLY DES(R,IBED AS BLOCK 6 Of TITS EAMES ADDITION 10 Iff CITY AND TOWNSITE Of ASPEN, LOTS 7 12, BLOCK 11,1AM[% ADDITION 10 IIIE 01Y AND 1OV0611E Of ASPEN, AND LOTS 13 ?D.BLO(K) I.EAMIS ADDITION TO THE (IIY AND TOWNSITE Of ASPEN APPLICANT ASPEN LAND WNU 11 LL( 300 SPRING STREET SUITE 301, ASPEN10 81611 PROPERTY' BLOCK 6 Of THE ["WES ADDITION TO THE (ITY AND TOWNSITE Of ASPEN, LOTS 112 RLO(k 11 TAMES ADDITION TO THE CITY AND TOWNSITE Of ASPEN AhD LOTS 13110 BLOCK 11 EAMES ADDITION TO THE (IT"Y AND TOWNSITE (1F ASPEN FOR FURTHER INFORMATION (ONTACT JENNIFER PNELAN CITY Of ASPEN (OMMUNIT1,DEVELOPMENT DEPA&MEN 130 S GALENA ST ASPEN, (0 (WO) 420-2759, leandep a aspen (o us ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY:+ 4Z.475 / le O ' ` - _,Aspen, CO SCHEDULED PUBLIC HEARING DATE: 5/� , 200e STATE OF COLORADO ) SS. County of Pitkin ) I, Otikd-g- ANN CG WA Ny LkSA-u,5- (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 200_, to and including the date and time of the public / hearing. A photograph of the posted notice (sign) is attached hereto. J Mailingo notice. B the mailing of a notice .� y g e obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) 0 Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. A� f— &�s. 1 JA,._�� Signature The fore oing "Affidavit of Notice" was acknowledged before me this 8 day of - --Vqss� 1)00_6by M_R A/V1V C01IIA)S L-015C(IIC J ,�PFtY PVe UDIANEWITNESS MY HAND AND OFFICIAL SEAL AR A IVIARSHALL My commis ion expires:�In 10 11 CLJ�A RCCLQJ 16 a msa EVo 0912012001 otary Pu b I is ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL • PUBLIC NOTICE RE: SOUTH ASPEN STREET SUBDIVISION AND PUD - VESTED RIGHTS EXTENSION NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, May 8, 2006, at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Aspen Land Fund II, LLC, 300 Spring Street, Suite 301, Aspen, CO 81611, which is the owner of the subject property. The Applicant requests a one year extension (until July 28, 2007) of their vested rights to develop the site with their approved development plan of fourteen (14) free-market townhomes and seventeen (17) affordable housing units. The property is legally described as Block 6 of the Eames Addition to the City and Townsite of Aspen, Lots 7-12, Block 11, Eames Addition to the City and Townsite of Aspen, and Lots 13-20, Block 11, Eames Addition to the City and Townsite of Aspen. For further information, contact Jennifer Phelan at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2759, jennifep@ci.aspen.co.us. s/ Helen K. Klanderud, Mayor Aspen City Council Published in the Aspen Times on April 23, 2006 City of Aspen Account Impression antibourrage et a s6chage rapi e Utilisez le gabarit 51600 www.avery.com 1-800-GO-AVERY 0 ❑ AVERY 5160 124 E DURANT AVENUE LLC C/O WOGAN WENDY 533 W FRANCIS ASPEN, CO 81611 ALYEMENI MOHAMMED & ALICE 3109 OAKMONT DR STATESVILLE, NC 28625 ASPEN SKIING COMPANY LLC PO BOX 1248 ASPEN, CO 81612 BERHORSTJERRY BERHORST CAROLE 7161 LINDENMERE DR BLOOMFIELD HILLS. MI 48301 BLACKWELL CLARENCE A & ANNE H PO BOX 3180 ANNAPOLIS, MD 21403 BRIGHT GALEN 205 E DURANT AVE #3D ASPEN, CO 81611-3813 BUSH STEVEN S 0046 HEATHER LN ASPEN, CO 81611 CALKINS GEORGE W 105 S CHEROKEE DENVER, CO 80223-1834 CHIATE PROPERTIES LLC 20628 ROCKCROFT DR MALIBU, CA 90265-5342 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 710 SOUTH ASPEN LLC ALPINE BANK ASPEN 314 S GALENA ST STE 200 600 E HOPKINS AVE ASPEN, CO 81611 ASPEN, CO 81611 APRIL FAMILY TRUST 1/4 INT ASPEN KABINN LLC 3501 S 154TH ST C/O NIKE COMMUNICATIONS/NINA WICHITA, KS 67232-9426 KAMINER 35 E 21 ST ST NEW YORK, NY 10010 BARBEE MARY K LIV TRUST BENT FORK LLC 625 SKYLINE DR C/O FESUS GEORGE CODY, WY 82414 P O BOX 9197 ASPEN, CO 81612 BIEL ALEXANDER L & LEE M BILLINGSLEY FAMILY LP 381 LOVELL AVE 1206 N WALTON BLVD MILL VALLEY, CA 94941 BENTONVILLE, AR 72712 BOURGAULT MARY JANE BRENNAN JACQUELINE NANCY 555 E DURANT AVE #4J 31 TRAINORS LANDING ASPEN, CO 81611 ASPEN, CO 81611 BRITTON CARI BRUMDER PHILIP G & ASMUTH PO BOX 12131 ANTHONY ASPEN, CO 81612 QUARLES & BRADY C/O 411 E WISCONSIN AVE STE 2500 MILWAUKEE, WI 53202 CABELL JOE CAIN DOUGLAS M C/O CHARTHOUSE CAIN CONSTANCE MOFFIT TRUSTEES 1765 ALA MOANA BLVD 1960 HUDSON ST HONOLULU, HI 96815 DENVER, CO 80220 CASPER MARY LYNN CHAPLIN ARLENE & WAYNE 124 E DURANT #4 54 LAGORCE CIR ASPEN, CO 81611 MIAMI BEACH, FL 33141 CHRISTENSEN CINDY CHU FAMILY TRUST 2/3 INT 109 JUAN ST LU NANCY CHAO TRUST 1/3 INT ASPEN, CO 81611 38 CORMORANT CIR NEWPORT BEACH, CA 92660 COHEN ARTHUR S CROW MARGERY K & PETER D IBSEN 72 46103 HIGHWAY 6 & 24 MEXICO CITY MEXICO, 11560 GLENWOOD SPRINGS, CO 81601 @09LS 0AIJ3ANf �g A113AV-09-008-L ®09L5 3-LVIdiN31 @AJanV asn wo:)v(Jane' MMn 6uliulad aaa3 a6pnwS pue wer Impression antibourrage et a sechage rape a www.avery.com w AVERYO 51600 Utilisez.le gabarit 51600 1 1-800-GO-AVERY • CYS RICHARD L AND KAREN L 5301 CHAMBERLIN AVE CHEVY CHASE, MD 20815 DOLINSEK JOHN 619 S MONARCH ST ASPEN, CO 81611 EAST JAMES COLLIER TRUSTEE 5800 R ST LITTLE ROCK, AR 72207 ELLIS PAUL DAVID 100 E DEAN ST #2F ASPEN, CO 81611 FARINO CAROL PO BOX 10421 ASPEN, CO 81612 FELDMAN SELMA 300 S POINTE DR APT 2403 MIAMI BEACH, FL 33139-7329 FRIEDKIN THOMAS H PO BOX 4718 HOUSTON, TX 77210-4718 GILLESPIE JOHN E REVOCABLE TRUST 775 GULFSHORE DR #4219 DESTIN, FL 32541 GOLDSMITH ADAM D PO BOX 9069 ASPEN, CO 81612 GROOS NICHOLAS D 210 N INDUSTRIAL PARK RD HASTINGS, MI 49058 CZAJKOWSKI MICHAEL CZAJKOWSKI SANDRA J 90 LA SALLE ST APT 16G NEW YORK, NY 10027 DONCER JOYCE TRUST 7641 W 123RD PL PALOS HEIGHTS, IL 60463 ELDER TRUST ELDER JERRY TRUSTEE PO BOX 308 LA JOLLA, CA 92038-0308 ETKIN DOUGLAS M & JUDITH G 29100 NORTHWESTERN HWY STE 200 SOUTHFIELD, MI 48034 FARR BRUCE K & GAIL H PO BOX 5142 ASPEN, CO 81612 FLETCHER KAREN K & JAY R PO BOX 3476 ASPEN, CO 81612 GARMISCH LLC C/O MIE PROPERTIES 2560 LORD BALTIMORE DR WINDSOR MILL, MD 21244 GINSBURG ANNE C & ROBERT B 7933 YORKSHIRE CT BOCA RATON, FL 33496-1323 GRANT BROTHERS LLP 436 COFFMAN STE 200 PO BOX 908 LONGMONT, CO 80502-0908 HANG TEN ADVENTURE 809 S ASPEN ST #2 ASPEN, CO 81611 DAVIS CAROL L 7838 HILLMONT ST HOUSTON, TX 77040-6108 DUNN STEVEN G 107 JUAN ST ASPEN, CO 81611 ELLIS JAMES BYRON 17 1/2 FLEET ST MARINA DEL REY, CA 90292 EVANS DAVID COURTNEY PO BOX 952 ASPEN, CO 81612 FAULKNER JOHN L 2433 ROCKINGHAM ST ARLINGTON, VA 22207 FREIRICH MARK A PO BOX 774056 STEAMBOAT SPRINGS, CO 80477 GILBERT DONALD C 2004 TRUST 67 TURTLE BACK RD S NEW CANAAN, CT 06840 GLICKMAN EDWIN C 2322 LAZY O RD SNOWMASS, CO 81654 GREINER JERRY M GREINER TERESA U 330 BICKLEY RD GLENSIDE, PA 19038 HARVEY JEFFREY & NANCY 711 S DEARBORN ST - #507 CHICAGO, IL 60605 AH3AV-09-008-1 @0915 31VIdW31 @iGaAV asD ®0915 @AZJ3Ad wo:)YGaAe-mmm 6ul}ulld aaJd a6pnw5 pue wer Impression antibourrage et a sechage rapide www.avery.com AVERYO 51600 Utilisez le gabarit 51600 0 1-800-GO-AVERY • HATCHER HUGH S HEIM WILLIAM D HEIMANN GEORGE R 205 E DURANT AVE APT 2E 124 E DURANT AVE APT 1 100 E DEAN ST #2E ASPEN, CO 81611 ASPEN, CO 81611-1769 ASPEN, CO 81611-1967 HENDERSON BROTHERS LLC HENRY WAYNE SCOTT HILL EUGENE D III & JOAN L TRUST PO BOX 407 PO BOX 2383 3 AVALON AVE P O BOX 129 TROY, AL 36081 GRAPEVINE, TX 76099 PRIDES CROSSING, MA 01965 HINES TOM & CAROLYN HORTON KAREN JANE TRUST HOTEL DURANT 21 TRAINORS LNDG 588 S PONTIAC WAY 122 E DURANT ASPEN, CO 81611-1652 DENVER, CO 80224 ASPEN, CO 81611 IAVARONE GIANFRANCO & RITA ICAHN LIBA IDB INVESTMENTS LLC 341 ORIENTA AVE PO BOX 11137 131 E DURANT AVE MAMORONECK, NY 10543 ASPEN, CO 81612 ASPEN, CO 81611 IMHOF FAMILY TRUST IMREM SUE GORDON TRUSTEE J&E HANSEN LLC 2409 GREEN ST 219 E LAKE SHORE DR #5D C/O EDWARD HANSEN SAN FRANCISCO, CA 94123 CHICAGO, IL 60611 204 E DURANT AVE ASPEN, CO 81611 JAMES FAMILY TRUST 1/4 INT JOHNSON KERRI & DEREK JOHNSTON MARGARET S 9.87% 1 CASTLEWOOD CT 117 JUAN ST #1 30 DEXTER ST NASHVILLE, TN 37215-4617 ASPEN, CO 81611 DENVER, CO 80220 JUAN STREET HOMEOWNERS KABERT INDUSTRIES INC KAPLAN BARBARA ASSOCIATION PO BOX 6270 3076 EDGEWOOD RD 119 JUAN ST VILLA PARK, IL 60181 PEPPER PIKE, OH 44124 ASPEN, CO 81611 KAUFMAN STEVEN KINGSBURY FAMILY TRUST KLINDWORTH J TODD & HEATHER 0554 ESCALANTE PO BOX 198 PO BOX 25318 CARBONDALE, CO 81623 HOLDERNESS, NH 03245 ST CROIX, VI 00824 KULLGREN NANCY A LACY ROANE M JR LARKIN THOMAS J & MARYANN K 205 E DURANT AVE UNIT 2-C PO BOX 367 1 SHELDRAKE LN ASPEN, CO 81611 WACO, TX 76703-0367 PALM BEACH GARDENS, FL 33418-6820 LCH LLC LEONARD-PECK SHEILA KATHRYN LEVIN BARTON J AND NANCY M C/O TOM DIVENERE RR 1 PO BOX 375-P 701 S MONARCH ST #6 124 ANNAPOLIS LN VINEYARD HAVEN, MA 02568 ASPEN, CO 81611 PONTE VEDRA, FL 32082 A113AV-OD-008-L ®09LS 3-LVIdIN31®tiaAV asD @09LS pAU3AW wortianeMMM 6ul;ulad aaJ3 a6pnw5 pue wed Impression antibourrage et a sechage rap www.avery.com a AVERY& 51600 Utilisez !,e gabarit 51600 1-800-GO-AVERY 0 LEVY HELEN JOAN TRUST LEVY HYMAN & GAIL LIBMAN KENNETH J 421 WARWICK RD PO BOX 1365 65 CENTRAL PARK WEST #1E KENILWORTH, IL 60043-1145 BOCA RATON, FL 33429-1365 NEW YORK, NY 10023 LIBMAN KENNETH J LIFT ONE CONDOMINIUM ASSOC LIFT ONE LLC 72.40% 800 S MONARCH ST #2 131 E DURANT AVE 24 LINDENWOOD LN ASPEN, CO 81611 ASPEN, CO 81611 LITTLETON, CO 80127 LOCHHEAD RAYMOND R & EMILIE M LUNDHOLM KERSTIN M MACDONALD KENNETH HUGH REV 200 SHERWOOD RD 115 JUAN ST TRUST PASO ROBLES, CA 93446 ASPEN, CO 81611 44 W HANNUM SAGINAW, MI 48602 MACHUCA EDGAR F MAGES LAWRENCE M & MARY K 84% MCCALL CAROLYN E 11 TRAINORS LANDING 216 LINDEN AVE 100 E DEAN ST #1E ASPEN, CO 81611 WILMETTE, IL 60091 ASPEN, CO 81611 MCCARTNEY BRENDA DAHL MCCONNELL THOMAS W & KAY L MCKENZIE BART 113 JUAN ST 3814 OAKHILLS 4840 30TH ST ASPEN, CO 81611 BLOOMFIELD HILLS, MI 48301 ARLINGTON, VA 22207-2716 MENDEL M MARK MITCHELL ELSA R MONIGLE ETHEL M MENDEL GRACE A - JT TENANTS PO BOX 2492 3200 OHIO WAY 1620 LOCUST ST ASPEN, CO 81612 DENVER, CO 80209 PHILADELPHIA, PA 19103 MOORE JOHN W 50% MORGAN MICHAEL L MULKEY DAVID A DR 10426 WHITEBRIDGE LN 115 JUAN ST TRUSTEE ST LOUIS, MO 63141 ASPEN, CO 81611 2860 AUGUSTA DR LAS VEGAS, NV 89109 MURRAY DENIS NITSCHKE RUPRECHT TRUST 50% NOBLE GUY T PO BOX 3770 NITSCHKE ELIZABETH TRUST 50% PO BOX 9344 ASPEN, CO 81612 7107 FRANKLIN ST ASPEN, CO 81612 MIDDLETON, WI 53562 NOREN LARA L & STEPHEN C NORTH LAUDERDALE PETROLEUM LLC NORTHCUTT BARRY & JENNIFER 10927 BRIGANTINE DR 6318 NW 23RD ST 1905 MISSION HILLS CIR INDIANAPOLIS, IN 46256-9544 BOCA RATON, FL 33434 EDMOND, OK 73003 OLSON PAUL & DIANE CANEPA ONEAL PROPERTIES LLC ONEILL ROGER PO BOX 128 8100 E CAMELBACK RD #31 PO BOX 711 BRECKENRIDGE, CO 80424 SCOTTSDALE, AZ 85251-2773 LAKE GENEVA, WI 53147-3579 ®0915 pA�J3/�t/ V AH3AV-09-008-1, 0091S 31VldVY313tiany asB wortiane-MMAA 6ullulJd aaa3 a6pnwc Due wer Impression antibourrage et a sechage rap a www.avery.com o AVERVO 5160(D Utilisez le gabarit 5160 1-800-GO-AVER* PASCO PROP LLC PINES LODGE DEVELOPMENT LLC PINNIGER SIMON S & SIMON SMITH PATRICK A 2353 IRVINE AVE PO BOX 10420 P O BOX 850 NEWPORT BEACH, CA 92660 ASPEN, CO 81612 ASPEN, CO 81612 RINGSBY GRAY ROARING FORK MOUNTAIN LODGE ROARING FORK PROPERTIES PO BOX 1292 ASPEN LLC C/O HOWARD A WILL JR HAIKU, HI 96708 TWO CREEKS BLDG 5055 26TH AVE 0021 BURNT MTN CIR ROCKFORD, IL 61109 SNOWMASS VILLAGE, CO 81615 ROBERT FAMILY TRUST 1/4 INT ROBLES ENRIQUE ALVAREZ ROSE JON E 771 FERST DR ALVAREZ CRISTINA ROSE RITA L ATLANTA, GA 30332-0245 MONTES URALES 350 303 MAGNOLIA LAKE DR LOMAS CHAPULTEPEC MEXICO DF LONGWOOD, FL 32779 MEXICO, 11000 RUDERMAN ERIC P & MIMI E RYAN ELIZABETH H 1/2 INT S C JOHNSON AND SON INC 1536 OGDEN ST COPE G RICHARD & NANCY M 112 INT TAX DEPT 412 DENVER, CO 80218-1406 419 WINNEBAGO DR 1525 HOWE ST JANESVILLE, WI 53545 RACINE, WI 53403 SALITERMAN LARRY & NANCY SCHAINUCK LEWIS I & MICHELLE T SCHAYER CHARLES M III 603 S GRAMISH 2900 OCEAN BLVD 588 S PONTIAC WAY ASPEN, CO 81611 CORONA DE MAR, CA 92625 DENVER, CO 80224 SCHERER ROBERT P III SCHROEDER C M JR SEMRAU TIMOTHY & HEIDI ROBBIN 217 GOLDENROD AVE SCHROEDER BETTY ANN 58 TRAINORS LANDING RD CORONA DEL MAR, CA 92625 3629 ROCKBRIDGE RD ASPEN, CO 81611 COLUMBIA, SC 29206 SETZLER ALEX SEVERY REV TRUST 70.39% SHADOW MOUNTAIN AERIE 100 E DEAN ST UNIT 2C 30 DEXTER ST PARTNERSHIP LLP ASPEN, CO 81611-1957 DENVER, CO 80220 C/O ARTHUR J & PAMELA T WASHINGTON 21 BRIARCLIFF RD LARCHMONT, NY 10538 SHEFFER BARBARA & DOUGLAS SHENK ROBERT D SHINE FAMILY LLC PO BOX 250 290 HWY 133 8677 LOGO 7 CT ASPEN, CO 81612 CARBONDALE, CO 81623-1530 INDIANAPOLIS, IN 46219-1430 SILVERMAN MARC A & MARILYN L SIMON HERBERT REV TRUST SKY BLUE LLC 27.60% 937 DALE RD 8765 PINE RIDGE DR 5743 CORSA AVE # 101 MEADOWBROOK, PA 19046 INDIANAPOLIS, IN 46260-1778 WESTLAKE VILLAGE, CA 91362 SLOAN SUSAN MARIE SM-15 SMITH RONA K 500 S ORANGE AVE SEELBACH WILLIA - C/O 1742 HILLSIDE RD SARASOTA, FL 34236 45000 S WOODLAND STEVENSON, MD 21153 CHAGRIN FALLS, OH 44022 AH3AV-09-008-1. @091S 31VIdUV31 @Ajany esn @091S @A?J3AV o wo:)-Ajane•mmm 6ul}ulad 8aa3 a6pnwS pue wer Impression antibourrage et a s6chage rape a www.avery.com o AVERY® 5160® ,Utilisez,le gabarit 51600 1 1-800-GO-AVERY • SOLONDZ TAMI S PO BOX 2829 ASPEN, CO 81612 SPAULDING RICHARD W THOMPSON ELEANOR M PO BOX 278 CONCORD, MA 01742-0278 STEINER DONALD R BUCKHEAD GRAND 3338 PEACHTREE RD #3307 ATLANTA, GA 30326 STUART FAMILY TRUST 1/4 INT 1 CASTLEWOOD CT NASHVILLE, TN 37215-4617 TAYLOR HARVEY C W 301 N 9430 HWY E HARTLAND. WI 53029 THREE REEDS LLC 2224 VIA SEVILLE RD NW ALBUQUERQUE, NM 87104-3096 TUCKER RC DR COLOROW - ATTN: 6420 STAUDER CIR EDINA, MN 55436 VANDER WALL DEAN ROBERT & BEVERLYJ PO BOX 189 LONE PINE, CA 93545 WHITE JALEH THICKMAN DAVID 152 E DURANT AVE ASPEN, CO 81611-1737 WOLTIN ROBERT 2701 AQUA VISTA BLVD FORT LAUDERDALE, FL 33301 SOUTH POINT CONDOMINIUM ASSOCIATION 205 E DURANT AVE #2F ASPEN, CO 81611 STANTON JAMES C/O WORLD-WIDE HOLDINGS CORP 150 E 58TH ST NEW YORK, NY 10155 STEWART SCOTT 4710 PLAINFIELD CT MIDDLETON, WI 53562 SZYMANSKI WILLIAM R & LYNNE E 2220 E SILVER PALM RD BOCA RATON, FL 33432 TELEMARK APARTMENT 2 LLC 3910 S HILLCREST DR DENVER, CO 80237 TOWNE PLACE OF ASPEN CONDO ASSOC INC C/O ASPEN LODGING COMPANY 747 S GALENA ST ASPEN, CO 81611 TYDEN FAMILY FARMS PTNP 1730 IROQUOIS TR HASTINGS, MI 49058 VANTONGEREN HAROLD V & LIDIA M 2000 E 12TH AVE BOX 8 DENVER, CO 80206 WILLETTE NANCY 100 E DEAN ST #2D ASPEN, CO 81611 WOODING MERRITT B PO BOX 339 HOPE, NJ 07844 SOUTHPOINT-SUMNER CORP 4828 FORT SUMNER DR BETHESDA, MD 20816 STARK RENEE A 205 E DURANT AVE APT 1 D ASPEN, CO 81611-3813 STRAWBRIDGE GEORGE JR 3801 KENNETT PKE BLDG #B-100 WILMINGTON, DE 19807 TAROCH HOLDINGS LTD C/O PATRICK D MCALLISTER PC 210 E HYMAN AVE #202 ASPEN, CO 81611-2909 TELEMARK ASPEN LLC 55 SECOND ST COLORADO SPRINGS, CO 80906 TRAINORS LANDING CONDO ASSOC COMMON AREA EXEMPT UHLFELDER FAMILY INVESTMENTS RLLP 210 AABC STE AA ASPEN, CO 81611 WALDRON GAILYN L TRUSTEE PO BOX 7964 ASPEN, CO 81612 WOLF FAMILY TRUST 12/23/1986 1221 MYRTLE AVE SAN DIEGO, CA 92103 WOODSON TATJANA D P 0 BOX 125 TETON VILLAGE, WY 83025 ®09L5 ®A��d o AIOAV-09-008-L ®09L5 31VIdIN31 ®tiaAV asD wOYAJane-mmA& 6ullulad aaJJ a6pnw5 pue wer Jam and Smudge Free Printing Use Avery® TEMPLATE 51600 www.avery.com AVERY® 5160(9 1-800-GO-AVERY • WOW LIFT ONE LLC WRIGHT LISA C/O WARSTLER ROBERT T PO BOX 3770 10 WINDJAMMER LN ASPEN, CO 81612 MT ARLINGTON, NJ 07856 WUGALTER JOEL 3200 N OCEAN BLVD #909 FT LAUDERDALE, FL 33308 @09LS ®AU3AV g Aa3nd-09-008-L wortiane•nnnnnn 009LS 3!aege6 al zas!mn ap!dej a6epas a;a a6eaanoq!jue uo!ssaidwi MEMORANDUM TO: Mayor Klanderud and Aspen City Council THRU: Chris Bendon, Community Development Director 060 FROM: Jennifer Phelan, Senior Long Range Planner RE: South Aspen Subdivision/PUD Extension of Vested Rights —Resolution - Series 2006 MEETING DATE: May 8, 2006 APPLICANT /OWNER: Aspen Land Fund I1, LLC REPRESENTATIVE: Sunny Vann, Vann Associates, LLC LOCATION: West side of South Aspen Street near the base of Aspen Mountain (the legal description is included in Exhibit 2 of the Application). CURRENT ZONING & APPROVED USE L and R-15 Zone District with a Lodge and PUD Overlay, approved for fourteen (14) fee -market residential units and seventeen (17) affordable housing units. PROPOSED LAND USE: Hotel/fractional ownership project. PLANNING AND ZONING COMMISSION AND STAFF RECOMMENDATION: Approval with Conditions. SUMMARY: The Applicant requests a one year extension of their vested rights with regard to the existing approval for a free-market and affordable housing residential development. The Applicant is preparing the relevant documents required o submit a final PUD application to develop a mixed use hotel/fractional ownership project on the site. LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval: • Extension or Reinstatement of Vested Rights to extend the existing vested rights of the approved residential project to July 28, 2007, pursuant to Land Use Code Section 26.308.010 C., Extension or Reinstatement of Vested Rights. (City Council is final review authority who may approve or deny the proposal). PROJECT SUMMARY: The Applicant has requested an extension of their vested rights for the project approved by Ordinance No. 32, Series 2003, which allows the applicant to develop the site with fourteen (14) free-market residential units and seventeen (17) affordable housing units. The ordinance vested the approval until July 28, 2006. Since the approval of the ordinance, an alternative development proposal for the site has been submitted to City Council and has received conceptual approval. The conceptual approval is for developing the site with a mixed use hotel/fractional ownership project. The final development application for the hotel proposal is expected to be submitted for the City's review by late spring or early summer. STAFF COMMENTS: VESTED RIGHTS EXTENSION: The Applicant is requesting an extension of their vested rights for one year (July 28, 2007) pursuant to Section 26.308.010 C. of the City's Land Use Code. The Applicant is requesting the proposed one year extension of their vested rights because, "the Applicant cannot allow the residential project's vested rights to expire as the property's I financing was made in reliance of the existing approvals. " Staff believes that the City would be better served with a hotel at this location rather than a purely residential development. It is in the City's best interest to add to its lodging bedroom base. Therefore, Staff believes that the E proposed extension of vested rights would benefit the City by encouraging the Applicant to ' pursue final application of the hotel development in the near future. RECOMMENDATION: Staff recommends that the City Council approve the requested extension of vested property rights for one year and establish an expiration date of July 28, 2007 for the South Aspen Subdivision/PUD with the following condition: That the establishment herein of a vested property right shall not preclude the applications or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes, and all adopted impact fees. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, and impact fees that are in effect at the time of building permit, unless an exemption therefrom is granted in writing. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Resolution No., Series of 2006, approving with a condition, a one (1) year extension of vested property rights for the South Aspen Subdivision/PUD as was originally approved by Ordinance No. 32, Series of 2003. The new expiration date will be July 28, 2007." CITY MANAGER'S COMMENTS: ATTACHMENTS: ExHIBIT A — Review Criteria and Staff Findings EXHIBIT B — Application Ll • P211 Exhibit A EXTENSION OR REINSTATEMENT OF VESTED RIGHTS REVIEW CRITERIA & STAFF FINDINGS Section 26.308.010.C., Extension or Reinstatement of Vested Rights, of the City Land Use Code provides that development applications for an extension of vested rights may be approved in accordance with the following standards and requirements. 1. In reviewing a request for the extension or reinstatement of vested rights the City Council shall consider, but not limited to, the following criteria: a. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement; Sta Findin_g: The Applicant has until July 28, 2006, based on a number of administrative extensions that were granted, to record the final plat, final PUD plan, and Subdivision/PUD agreement which is required as part of Ordinance No. 32, Series 2003. As the alternative development proposal is for a hotel that has received conceptual approval by the City Council, the Applicant has refrained from recording the above -referenced documents. These documents are being prepared and will be available for recordation prior to the July 29h deadline. If an extension is granted, the Applicant will request a recordation deadline that is concurrent with the extension of the vested rights. Staff does not believe that there are any outstanding conditions of approval that have to be met prior to applying for an extension of vested rights. Stafffinds this criterion to be met. b. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursuing the project; Staff Finding: The Applicant has not pursued permits for the approved residential development as the Applicant has determined that a hotel is a preferred development alternative.. As such the Applicant has diligently worked on gaining the approvals necessary,to develop the site with a hotel rather than construct a solely residential development. Stafffinds this criterion to be met. c. The nature and extent of any benefits already received by the city as a result of the project approval such as impact fees or land dedications; Staff Finding Outside of the application processing costs incurred by the applicant with respect to City Land Use Application Fees and Referral Fees, there have been no benefits already received by the City as a result of project approval such as impact fees or land dedication. Impact fees are collected at the time of building permit issuance. Stafffinds this criterion to be met. P21 d. The needs of the city and the applicant that would be served by the approval of the extension or reinstatement request. Sta f Finding: Staff believes that the City would be better served with a hotel at this location rather than a purely residential development. It is in the City's best interest to add to its lodging bedroom base. Therefore, Staff believes that the proposed extension of vested rights would benefit the City by encouraging the applicant to pursue final application of the hotel development in the nearfuture. Stafffinds this criterion to be met. P213 RESOLUTION NO. (Series of 2006) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A ONE (1) YEAR EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO. 32, SERIES OF 2003 FOR THE SOUTH ASPEN STREET SUBDIVISION/PUD APPROVAL, BEING A PARCEL OF LAND DESCRIBED AS PARCELS 1, 2, AND 3, OF THE SOUTH ASPEN STREET SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-131-13-001 (Parcel 1) Parcel No. 2735-131-14-003 (Parcel 2) Parcel No. 2735-131-23-001 (Parcel 3) WHEREAS, the Community Development Department received an application from Aspen Land Fund II, LLC, represented by Sunny Vann, of Vann and Associates, requesting approval of a one (1) year extension of the vested rights granted for the South Aspen Street Subdivision/ PUD pursuant to Ordinance No. 32, Series of 2003; and, WHEREAS, City Council adopted Ordinance No. 32, Series of 2003, which approved a subdivision/PUD and awarded Vested Property Rights status for the development of fourteen (14) free-market residential units and seventeen (17) affordable housing units until July 28, 2006; and, WHEREAS, the applicant submitted the application for extension of vested property rights on March 20, 2006 before the vested rights expired; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may grant an extension of vested rights after a public hearing is held and a resolution is adopted; and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of a one (1) year extension of vested rights for the South Aspen Street Subdivision/ PUD; and, WHEREAS, the Aspen City Council has reviewed and considered the requested extension of vested rights for the South Aspen Street Subdivision/ PUD under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council fords that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of vested rights proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, P214 E • WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO,THAT: Section 1: The Aspen City Council does hereby approve a one (1) year extension of vested rights as approved by Ordinance No. 32, Series of 2003 for parcels 1, 2, and 3, of the South Aspen Street Subdivision/PUD, City and Townsite of Aspen for the South Aspen Street Subdivsion/PUD with the following conditions: That the establishment herein of a vested property right shall not preclude the applications or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes, and all adopted impact fees. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, and impact fees that are in effect at the time of building permit, unless an exemption therefrom is granted in writing. Section 2• All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein; unless amended by an authorized entity. Section 3• This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. ' Section 5: A duly noticed public hearing on this Resolution was held on the 8th day of May, 2006 at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, adopted, passed, and approved by a to_ vote on this day of , 2006. • Approved as to form: John P. Worcester, City Attorney Attest: Kathryn S. Koch, City Clerk Approved as to content: Helen Kalin Klanderud, Mayor P215 0 P216 VANN ASSOCIATES, LLC Planning Consultants March 20, 2006 HAND DELIVERED Mr. James Lindt, Senior Planner Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: South Aspen Street Subdivision/PUD Vested Rights Extension Dear James: Please consider this letter an application to extend the vested rights for the South Aspen Subdivision/PUD, a free market residential/affordable housing project which has been approved for development on two parcels of land located on the west side of South Aspen Street near the base of Aspen Mountain (see Exhibit 1, Pre -Application Conference Summary, attached hereto). The application is submitted pursuant to Section 26.308.010.C. of the Aspen Land Use Regulations by the owner of the property, Aspen Land Fund II, LLC (hereinaf- ter "Applicant"), a Colorado limited liability company (see Exhibit 2, Title Commit- ment). Permission for Vann Associates, LLC, to represent the Applicant is attached as Exhibit 3. A land use application form, application fee agreement, and a list of property owners located within three hundred feet of the project site are attached as Exhibits 4, 5 and 6, respectively. Final PUD approval was granted by the City Council on July 28, 2003 pursuant to Ordinance No. 32, Series of 2003 (see Exhibit 7). While the approval is vested until July 28, 2006, the project's final plat, PUD development plan, and subdivision/PUD agreement were to have been recorded no later than January 24, 2004. This deadline, however, was extended by Julie Ann Woods at the Applicant's request until January 24, 2005. An additional one year extension, which was granted by Chris Bendon on December 13, 2004, extended the recordation deadline until January 24, 2006. Additional extensions were granted by Chris on November 19, 2005 and on March 7, 2006, which extended the deadline until March 25, 2006 and July 28, 2006, respec- tively. Copies of the various extensions are attached hereto as Exhibit 8. 230 East Hopkins Ave. • Aspen, Colorado 81611 • 970/925-6958 • Fax 970/920-9310 P217 Mr. James Lindt March 20, 2006 Page 2 All of the recordation deadline extensions were granted to accommodate the City's ongoing review of an alternative project for the property. As you know, Aspen Land Fund's application for conceptual PUD approval for a mixed use hotel/fractional ownership project on the South Aspen Street property was approved by the City Council on November 28, 2005. Aspen Land Fund is present working on the hotel project's final PUD application which we expect to submit to the City in late spring or early summer. As the final application's review process will undoubtedly extend beyond the July 28, 2006 expiration of the approved residential project's vested rights, an extension will be required. Pursuant to Section 26.308.010.C. of the Regulations., the City Council may by resolution at a public hearing approve an extension of vested rights. The specific review criteria which the Council shall consider, and the Applicant's response thereto, are summarized below. 1. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement. Section 2 of Ordinance No. 32, Series of 2003, requires the Applicant to record a final PUD development plan,.a PUD agreement, and a subdivision plat memorializing the South Aspen Street Subdivision/PUD's development approval. As discussed above, the recordation of these documents has been postponed several times to allow the City's review and consideration of the alternative hotel project. Both the Applicant and the City have consistently indicated that a hotel is the preferred development alternative for the property. The Applicant, however, is now preparing the required recordation documents, and expects to record them on before the current July 28, 2006 deadline. 2. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expendi- tures made by the applicant in pursuing the project. The Applicant has not actively pursued the residential project to date as all efforts have been concentrated on the alternative hotel project. 3. The nature and extent of any benefits already received by the City as a result of the project approval such as impact fees or land dedications. No impact fees have been paid to date by the Applicant %� ith respect to the residential project. P218 • E-1 Mr. James Lindt March 20, 2006 Page 3 4. The needs of the City and the applicant that would be served by the approval of the extension or reinstatement request. The Applicant cannot allow the residential project's vested rights to expire as the property's financing was made in reliance on the existing approvals. Absent approval of the requested extension, the Applicant will have no choice but to obtain a building permit and commence construction of the residential project in order to maintain the prior approval's vested rights status. The commencement of construction by July 28 of this year will also require the issuance of a demolition permit for the Mine Dump Apartments and the removal of its tenants. Given the uncertainty as to when this application will be heard by the City Council, and the rapidly approaching July 28 deadline, the Applicant has also commenced preparation of the required building permit application package. We believe, however, that no community benefit would result by requiring the Applicant to obtain a building permit and commence construction of the residential project when the preferred alternative is a new mutually acceptable hotel. To the contrary, the Applicant's submission of a building permit application will unnecessarily burden the Community Development and Building Departments, and the subsequent commencement of construction will result in the premature removal of the Mine Dump Apartments' tenants. In our opinion, both the City and the Applicant would best be served by the granting of an appropriate extension of the residential project's vested rights. An extension would permit the completion of the Applicant's final PUD application for the hotel project and its review by the City without the distrac- tions that will inevitably occur in connection with the submission of a building permit application for the residential project, the issuance of a demolition permit for the Mine Dump Apartments, and the commencement of construc- tion. A one year extension is requested. If approved, the new deadline for the expiration of the residential project's vested rights would be July 28, 2007. The one year extension should allow sufficient time to complete the review of the final PUD application for the proposed hotel project and to prepare and record the various documents memorializing its approval. Please note that the PUD agreement for the hotel project will vacate and abandon all prior approvals associated with the residen- tial project. P219 Mr. James Lindt March 20, 2006 Page 4 Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Your timely scheduling of this application for consideration by the City Council would be sincerely appreciated. Yours truly, VANN SV:c'wv Attachments OCIATES, LLC cc: John Sarpa Arthur C. Daily, Esq. c:\oldc\bus\city. app\app45303 . jl1 P220 C, • EXHIBIT PLANNER: PROJECT: REPRESENTATIVE: TYPE OF APPLICATION DESCRIPTION: Land Use Code Section(s) CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY James Lindt, 429-2763 South Aspen Street PUD Vested Rights Extension Sunny Vann DATE: 3/ 14/06 Vested Rights Extension The Applicant would like to extend the vested rights that were granted to the South Aspen Street PUD in Ordinance No. 32, Series of 2003. The Applicant has indicated a desire to extend the vested rights by one year to provide additional time for application preparation and City review of the Lodge at Aspen Final PUD that is proposed on the same site as the approved South Aspen Street PUD. Section 26.304 Common Development Review Procedures Section 26.308.010(C) Extension or Reinstatement of Vested Rights Review by: Staff for complete application. Community Development Director for recommendation to City Council. City Council for final decision on the vested rights extension. Public Hearing: Yes. Referral Agencies: None. Planning Fees: Deposit of $1,350 for 6 hours of staff time. Referral Agency Fees: None. Total Deposit: $1,350 (Additional hours are billed at a rate of $225.00 per hour). To apply, submit the following information: I . Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Completed Land Use Application. 4. Signed fee agreement. 5. Pre -application Conference Summary. 6. An 8 1/2" x l 1" vicinity map locating the subject parcels within the Ciy of Aspen. 7. 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. 8. Approved Development Plans on which vested rights are to be extended. 9. Copies of prior approvals. 10. 10 Copies of Application (Items 2-10). Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. EXHIBIT v P221 LawyeT- rstle nsurance Corporation ALTA Commitment For Title Insurance American Land Title Association (1966) AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3RDFLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: Vince Higens-vince@sopris.net TJ Davis-tjd@sopris.net Priscilla Prohl-priscilla@sopris.net Joy Higens-joy@sopris.net Brandi Jepson-brandi@sopris.net (Closing & Title Assistance) Issued By jawyers7ide jnsurance Crporation Home Office: 101 Gateway Centre Parkway, Gateway One Richmond, Virginia 23235-5153 1-800-446-7086 B 1004-268 • P222 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: March 6, 2006 at 8:00 AM 2. Policy or Policies to be issued: (a) ALTA Owner's Policy -Form 1992 Proposed Insured: (b) ALTA Loan Policy -Form 1992 Proposed Insured: (c) ALTA Loan Policy -Form 1992 Proposed Insured: Case No. PCT15438PR2 Amount$ 0.00 Premium$ 0.00 Rate: Amount$ 0.00 Premium$ 0.00 Rate: Amount$ Premium$ Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: ASPEN LAND FUND II LLC, A COLORADO LIMITED LIABILITY COMPANY 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: See Attached Exhibit "A" PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, ASPEN, CO. 81611 970-925-1766 Phone/970-925-6527 Fax 877-217-3158 Toll Free AUTHORIZED AGENT Countersigned: 1.1 Schedule A-PG.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. P223 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1: Block 6, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more particularly described as follows: Beginning at a point which is the intersection of the Easterly right of way line of Garmisch Street and the Southerly right of way line of Dean Avenue, from whence the Northeast Corner of Section 13, Township 10 South, Range 85 West of the 6th P.M., bears N 53°20'28" East 814.56 feet; thence along the Southerly right of way line of Dean Avenue S 75'09'11" E 330 feet to the Westerly right of way line of Aspen Street; thence along said right of way line of Aspen Street S 14°50'49" W 130 feet to the Northerly right of way line of Juan Street; thence along said right of way line of Juan Street N 75'09'11" W 330 feet to the Easterly right of way line of Garmisch Street; thence along said right of way line of Garmisch Street N 14°50'49" E 130 feet to the point of beginning. EXCEPTING therefrom: The portion described in Book 232 at Page 362. The above parcel is also described as follows: Beginning at a point which is the intersection of the Easterly right-of-way line of Garmisch Street and the Southerly right-of-way line of Dean Avenue, from whence the Northeast corner of Section 13, Township 10 South, Range 85 West of the Sixth Principal Meridian bears N 53°20'28" E 814.56 feet, more or less; thence along the Southerly right-of-way line of Dean Avenue S 75'09'11" E 330 fee, more or less, to the Westerly right-of-way line of Aspen Street; thence along said right-of-way line of Aspen Street S 14°50'49" W 130 feet, more or less to the Northerly right-of-way line of Juan Street; thence along said right-of-way line of Juan Street N 75'09'11" W 298.20 feet, to the Southeasterly corner of that parcel of land described in Book 232 at Page 362; thence N 40'21'11" W along the Northeasterly line of said parcel, a distance of 38.73 feet to the Northeasterly right-of-way line of Garmisch Street; thence along said right-of-way line of Garmisch Street N 14°50'49" E 107.90 feet, more or less, to the point of beginning. SAID PARCEL OF LAND ALSO BEING DESCRIBED AS FOLLOWS: Block 6, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more particularly described as follows: Beginning at a point which is the intersection of the Easterly right of way line of Garmisch Street and the Southerly right of way line of Dean Avenue, from whence the Northeast Corner of Section 13, Township 10 South, Range 85 West of the 6th Principal Meridian., bears N 53°20'28" East 814.56 feet more or less; thence along the Southerly right of way line of Dean Avenue S 75'09'11" E 330 feet, more or less to the Westerly right of way line of Aspen Street; thence along said right of way line of Aspen Street S 14°50'49" W 130 feet, more or less to the Northerly right of way line of Juan Street; thence along said right of way line of Juan Street N 75'09'11" W 330 feet, more or less to the Easterly right of way line of Garmisch Street; thence along said right of way line of Garmisch Street N 14°50'49" E 130 feet, more or less to the point of beginning. EXCEPTING therefrom: That parcel of land described in Book 232 at Page 362 in the records of the Clerk and Recorder of Pitkin County, Colorado. Said Parcel 1 is also described as follows: Beginning at a point which is the intersection of the Easterly right-of-way line of Garmisch Street and the Southerly P224 right-of-way line of Dean Avenue, from whence the Northeast corner of Section 13, Township 10 South, Range 85 West of the Sixth Principal Meridian bears N 53°20'28" E 814.56 feet, more or less; thence along the Southerly right-of-way line of Dean Avenue S 75'09'11" E 330 fee, more or less, to the Westerly right-of-way line of Aspen Street; thence along said right-of-way line of Aspen Street S 14°50'49" W 130 feet, more or less to the Northerly right-of-way line of Juan Street; thence along said right-of-way line of Juan Street N 75'09'11" W 298.20 feet, to the Southeasterly corner of that parcel of land described in Book 232 at Page 362, thence N 40*21'11" W along the Northeasterly line of said parcel, a distance of 38.73 feet to the Northeasterly right-of-way line of Garmisch Street; thence along said right-of-way line of Garmisch Street N 14°50'49" E 107.90 feet, more or less, to the point of beginning. PARCEL 2: That portion of the Northeast one -quarter of the Northeast one -quarter (Lot 1) of Section 13, Township 10 South, Range 85 West of the 6th P.M., described as follows: - Beginning at the Northeast Comer of Lot 13, Block 11, Eames Addition; thence N 75'09'11" W 181.25 feet; thence S 14°50'49" W 78.00 feet; thence S 03°55'43" W 164.99 feet; thence S 75'09'11" E 150.00 feet; thence N 14°50'49" E 240.00 feet to the point of beginning. ALSO KNOWN AS Lots 13, 14. 15, 16, 17, 18, 19 and 20, Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, and a tract of land being part of Lot 1 of Section 13, Township 10 South, Range 85 West of the 6th P.M., described as follows: Beginning at the Northwesterly corner of Lot 13, Block 11, Eames Addition; thence S 14°50'49" W 240.00 feet along the Westerly line of said Block 11 to the Southwesterly corner of Lot 20, Block 11, Eames Addition; thence N 03°55'43" E 164.99 feet; thence N 14°50'49" E 78.00 feet; thence S 75'09'11" E 31.25 feet to the point of beginning. AND Lots 7, 8, 9, 10, 11 and 12, Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more fully described as follows: Beginning at the Northwesterly corner of said Lot 7; thence S 75'09'11" E 180.00 feet along the Northerly boundary line of said Block 11; thence S 14°50'49" W 100.00 feet along the Easterly boundary line of said Block 11; thence N 75*09'11" W 180.00 feet along the Southerly boundary line of said Lots 7-12 to the Southwesterly corner of said Lot 7; thence N 14°50'49" E 100.00 feet along the Westerly boundary line of said Lot 7 to the point of beginning. SAID PARCEL OF LAND ALSO BEING DESCRIBED AS FOLLOWS: Beginning at the Southwest corner of said Lot 7, a rebar and cap PLS # 29030, from which a rebar and cap PLS # 2547 bears N 55° E a distance of 0.7 feet; thence N 14°50'49" E along the westerly line of said Lot 7, a distance of 100.00 feet to the Northwest corner of said Lot 7, also being at the Southerly right-of-way of Juan Street in the City of Aspen, a rebar and cap PLS # 2547; thence S 75'09'11" E along the Northerly line of said Block 11, also being the Southerly right-of-way line of said Juan Street a distance of 180.00 feet to the Northeast corner of said Block 11, a rebar and cap PLS # 29030; thence S 14°50'49" W along the Easterly line of said Block 11, also being the Westerly right-of-way of Aspen Street in the City of Aspen a distance of 100.00 feet to the Southeast corner of said Lot 12, a rebar and cap PLS # 29030; thence N 75"09'11" W along the Southerly line of said Lots 7,8,9,10,11 and 12 a distance of 180.00 feet to the point of beginning. P225 Wbiel The vacated alley situated in Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN. _ P226 EXHIBIT �j March 16, 2006 Mr. James Lindt, Senior Planner Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent - Dear Mr. Lindt: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our application to extend the vested rights period for the South Aspen Street Subdivision/PUD. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Yours truly, ASPEN LAND FUND, LLC a Colorado limited liability company /J� Sarpa, Partne c:\oldc\bus\city.Itr\ltr45303.jlI • EXHIBIT P227 k I. LAND USE APPLICATION APPLICANT: 1 i Name: Location: %%AGE (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) i REPRESENTATIVE: Name: Address:�1 Phone #: PROJECT: Name:�e� ' Address: Phone #: �J¢ ¢ �3OG TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt_ ❑ Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominium]zation) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use ✓47 Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment V%✓JS7e_=51� EXISTINNG CONDITIONS: (description of existing buildings, uses, previous approvals. ctc.l PROPOSAL: (description of proposed buildings, uses, modifications, etc.) C .r HayYyou attached the following? FEES I E: S 3 �� re-Application Conference Summary attachment #1, Signed Fee Agreement AM ❑ sponse to Attachment #3, Dimensional Requirements Form [esponse to Attachment 44, Submittal Requirements- Including Written Responses to Review Standards RETAIN r'GR PERA EWI' RI:CORi) EXHIBIT P22g CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of Citv of Aspen Development /Application Fees CITY OF ASPEN (hereinafter CITY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: I. APPLICANT has submitted to Q11,Yan ap lication r (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through .the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a jletermination of application completeness, APPLICANT shall pay an initial deposit in the amount of tKO which is for a hours of Community Development staff time, and if actual recoreTcosts exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case willgbouildinpe its be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: By: Chris Bendon /4 L.Q�/� ��7—�— Community Development Director Date: Billing Address nd Te ephone Number: Required g:\support\forms\agrpayas.doc ,4"s�`�f 11 /30/04 N RE TAN FOR P ERWJr l REGI". RD Jam and Smudge Free Printing ® www.avery.c EXHIBIT Use AveryTEMPLATE 5160® 1-800-GO-AVE — . P229 124 E DURANT AVENUE LLC 710 S ASPEN LLC ALOHA MTN C/O WOGAN WENDY 314 S GALENA ST STE 200 C/O WORLD 533 W FRANCIS ASPEN, CO 81611 369 MONTEZUMA #214 ASPEN, CO 81611 SANTE FE, NM 87501 ALPINE BANK ASPEN ALYEMENI MOHAMMED & ALICE APRIL FAMILY TRUST 1/4 INT 600 E HOPKINS AVE 3109 OAKMONT DR 3501 S 154TH ST ASPEN, CO 81611 STATESVILLE, NC 28625 WICHITA, KS 67232-9426 ASPEN SKIING COMPANY LLC BARBEE MARY K LIV TRUST BENT FORK LLC C/O FESUS GEORGE PO BOX 1248 625 SKYLINE DR P 0 BOX 9197 ASPEN, CO 81612 CODY, WY 82414 ASPEN, CO 81612 BERHORST JERRY BIEL ALEXANDER L & LEE M BILLINGSLEY FAMILY LP BERHORST CAROLE 381 LOVELL AVE 1206 N WALTON BLVD 7161 LINDENMERE DR MILL VALLEY, CA 94941 BENTONVILLE, AR 72712 BLOOMFIELD HILLS, MI 48301 BLACKW ELL CLARENCE A & ANNE H BOURGAULT MARY JANE BRENNAN JACQUELINE NANCY PO BOX 3180 555 E DURANT AVE #4J 31 TRAINORS LANDING ANNAPOLIS, MD 21403 ASPEN, CO 81611 ASPEN, CO 81611 BRUMDER PHILIP G & ASMUTH BRIGHT GALEN BRITTON CARI ANTHONY 205 E DURANT AVE #31D PO BOX 12131 QUARLES & BRADY C/O ASPEN, CO 81611-3813 ASPEN, CO 81612 411 E WISCONSIN AVE STE 2500 MILWAUKEE, WI 53202 CABELL JOE CAIN DOUGLAS M BUSH STEVEN S C/O CHARTHOUSE CAIN CONSTANCE MOFFIT TRUSTEES 0046 HEATHER LN 1765 ALA MOANA BLVD 1960 HUDSON ST ASPEN, CO 81611 HONOLULU, HI 96815 DENVER, CO 80220 CALKINS GEORGE W CASPER MARY LYNN CHAPLIN ARLENE & WAYNE 105 S CHEROKEE 124 E DURANT #4 212 E DURANT AVE #D DENVER, CO 80223-1834 ASPEN, CO 81611 ASPEN, CO 81611 CHU FAMILY TRUST 2/3 INT CHIATE PROPERTIES LLC CHRISTENSEN CINDY LU NANCY CHAO TRUST 1/3 INT 20628 ROCKCROFT DR 109 JUAN ST 38 CORMORANT CIR MALIBU, CA 90265-5342 ASPEN, CO 81611 NEWPORT BEACH, CA 92660 CITY OF ASPEN COHEN ARTHUR S CROW MARGERY K & PETER D 130 S GALENA ST IBSEN 72 46103 HIGHWAY 6 & 24 ASPEN, CO 81611 MEXICO CITY MEXICO, 11560 GLENWOOD SPRINGS, CO 81601 �� ivanH-n�-{1(1R-L m,091S l!jege5 al zas!I!}D Jam and Smudge Free Printing www.avery.com • _ o Use Avery& TEMPLATE 51600 • 1-800-GO-AVERY gVERY© 5160® P230 CULPEPPER LAND & CATTLE COMPANY CYS RICHARD L AND KAREN L CZAJKOWSKI MICHAEL 300 PUPPY SMITH 203 PMB 302 5301 CHAMBERLIN AVE CZAJKOWSKI SANDRA J ASPEN, CO 81611 CHEVY CHASE, MD 20815 90 LA SALLE ST APT 16G NEW YORK, NY 10027 DAVIS CAROL L DOLINSEK JOHN DONCER JOYCE TRUST 9182 OLD KATY RD STE 215 619 S MONARCH ST 7641 W 123RD PL HOUSTON, TX 77055 ASPEN, CO 81611 PALOS HEIGHTS, IL 60463 DUNN STEVEN G EAST JAMES COLLIER TRUSTEE ELDER TRUST 107 JUAN ST 5800 R ST ELDER JERRY TRUSTEE ASPEN, CO 81611 LITTLE ROCK, AR 72207 PO BOX 308 LA JOLLA, CA 92038-0308 ELLIS JAMES BYRON ELLIS PAUL DAVID ETKIN DOUGLAS M & JUDITH G 17 1/2 FLEET ST 100 E DEAN ST #2F 29100 NORTHWESTERN HWY STE 200 MARINA DEL REY, CA 90292 ASPEN, CO 81611 SOUTHFIELD, MI 48034 -::VANS DAVID COURTNEY FARINO CAROL FARR BRUCE K & GAIL H 'O BOX 952 PO BOX 10421 PO BOX 5142 ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81612 =AULKNER JOHN L FELDMAN SELMA FLETCHER KAREN K & JAY R ?433 ROCKINGHAM ST 300 S POINTE DR APT 2403 PO BOX 3476 aRLINGTON. VA 22207 MIAMI BEACH. FL 33139-7329 ASPEN. CO 81612 -REIRICH MARK A FRIEDKIN THOMAS H GARMISCH LLC '0 BOX 774056 PO BOX 4718 5720 EXECUTIVE DR STEAMBOAT SPRINGS, CO 80477 HOUSTON, TX 77210-4718 BALTIMORE, MD 21228 3ILBERT DONALD C 2004 TRUST GILBERT LAUREL E GILLESPIE JOHN E REVOCABLE TRUST 37 TURTLE BACK RD S 1301 WAZEE ST #2E 775 GULFSHORE DR #4219 4EW CANAAN, CT 06840 DENVER, CO 80204-5812 DESTIN, FL 32541 3INSBURG ANNE C & ROBERT B GLICKMAN EDWIN C GOLDSMITH ADAM D '933 YORKSHIRE CT 2322 LAZY O RD 673 JOHNSON DR 30CA RATON, FL 33496-1323 SNOWMASS, CO 81654 ASPEN, CO 81611 RANT BROTHERS LLP GREINER JERRY M 36 COFFMAN STE 200 GREINER TERESA U 210 N I DUSTRINICHOLAS D 210 N INDUSTRIAL PARK RD '0 BOX 908 330 BICKLEY RD HASTINGS, MI 49058 .ONGMONT, CO 80502-0908 GLENSIDE, PA 19038 A2AAV-09-008-L 009LS 1!jege6 al zasimm Jam and Smudge Free Printing Use Avery® TEMPLATE 51600 HANG TEN ADVENTURE 809 S ASPEN ST #2 ASPEN, CO 81611 HEIM WILLIAM D 124 E DURANT AVE APT 1 ASPEN. CO 81611-1769 HENRY WAYNE SCOTT PO BOX 2383 GRAPEVINE, TX 76099 HORTON KAREN JANE TRUST 588 S PONTIAC WAY DENVER, CO 80224 ICAHN LIBA PO BOX 11137 ASPEN. CO 81612 J&E HANSEN LLC C/O EDWARD HANSEN 204 E DURANT AVE ASPEN, CO 81611 JOHNSTON MARGARET S 9.87% 30 DEXTER ST DENVER, CO 80220 KAPLAN BARBARA 3076 EDGEWOOD RD PEPPER PIKE, OH 44124 KLINDWORTH J TODD & HEATHER PO BOX 25318 ST CROIX, VI 00824 0 LARKIN THOMAS J & MARYANN K 1 SHELDRAKE LN PALM BEACH GARDENS, FL 33418-6820 vvww.ave n AV Y _ § AVERY� 5 1-800-GO- P231 HARVEY JEFFREY & NANCY HATCHER HUGH S 711 S DEARBORN ST - #507 205 E DURANT AVE APT 2E CHICAGO, IL 60605 ASPEN, CO 81611 HEIMANN GEORGE R HENDERSON BROTHERS LLC 100 E DEAN ST #2E PO BOX 407 ASPEN, CO 81611-1967 TROY, AL 36081 HILL EUGEN DUBOSE III & JOAN LUISE HINES TOM & CAROLYN TRST 21 TRAINORS LNDG PO BOX 129 - ASPEN, CO 81611-1652 PRIDES CROSSING, MA 01965 HOTEL DURANT IAVARONE GIANFRANCO & RITA 122 E DURANT 341 ORIENTA AVE ASPEN, CO 81611 MAMORONECK, NY 10543 IMHOF FAMILY TRUST IMREM SUE GORDON TRUSTEE 2409 GREEN ST 219 E LAKE SHORE DR #5D SAN FRANCISCO, CA 94123 CHICAGO, IL 60611 JAMES FAMILY TRUST 1/4 INT JOHNSON KERRI & DEREK 1 CASTLEWOOD CT 117 JUAN ST #1 NASHVILLE, TN 372154617 ASPEN, CO 81611 JUAN STREET HOMEOWNERS KABERT INDUSTRIES INC ASSOCIATION PO BOX 6270 119 JUAN ST VILLA PARK, IL 60181 ASPEN, CO 81611 KAUFMAN STEVEN KINGSBURY FAMILY TRUST 0554 ESCALANTE PO BOX 198 CARBONDALE, CO 81623 HOLDERNESS, NH 03245 KULLGREN NANCY A LACY ROANE M JR 205 E DURANT AVE UNIT 2-C PO BOX 367 ASPEN, CO 81611 WACO, TX 76703-0367 LCH LLC LE CHARD ALLAN P PO BOX 12393 1002 BUCKINGHAM RD ASPEN, CO 81612 GROSSE POINTE PARK, MI 48230 AH3AV-O9-008-L 009LS juege6 ai zasisn Jam and Smudge Free Printing r www.avery.com _ gVERY� 5160® Use Avery® TEMPLATE 51600 1-800-GO-AVERY P232 LEONARD-PECK SHEILA KATHRYN LEVIN BARTON J AND NANCY M LEVY HELEN JOAN TRUST RR 1 PO BOX 375-P 701 S MONARCH ST #6 421 WARWICK RD VINEYARD HAVEN, MA 02568 ASPEN, CO 81611 KENILWORTH, IL 60043-1145 LEVY HYMAN & GAIL LIBMAN KENNETH J LIFT ONE CONDOMINIUM ASSOC PO BOX 1365 65 CENTRAL PARK WEST #1 E 131 E DURANT AVE BOCA RATON, FL 33429-1365 NEW YORK, NY 10023 ASPEN, CO 81611 LOCHHEAD RAYMOND R & EMILIE M LUNDHOLM KERSTIN M MACDONALD KENNETH HUGH REVTRUST 200 SHERWOOD RD 115 JUAN ST 44 W HANNUM PASO ROBLES, CA 93446 ASPEN, CO 81611 SAGINAW, MI 48602 MACHUCA EDGAR F MAGES LAWRENCE M & MARY K 84% MCCALL CAROLYN E 11 TRAINORS LANDING MAGES ELIZABETH J 16% 100 E DEAN ST #1 E ASPEN, CO 81611 216 LINDEN AVE ASPEN, CO 81611 WILMETTE, IL 60091 MCCARTNEY BRENDA DAHL MCCONNELL THOMAS W & KAY L MCKENZIE BART 113 JUAN ST 3814 OAKHILLS 4840 30TH ST ASPEN, CO 81611 BLOOMFIELD HILLS, MI 48301 ARLINGTON, VA 22207-2716 MENDEL M MARK MITCHELL ELSA R MONIGLE ETHEL M MENDEL GRACE A - JT TENANTS PO BOX 2492 3200 OHIO WAY 1620 LOCUST ST ASPEN, CO 81612 DENVER, CO 80209 PHILADELPHIA, PA 19103 MOORE JOHN W 50% MORGAN MICHAEL L MULKEY DAVID A DR 10426 WHITEBRIDGE LN 115 JUAN ST TRUSTEE ST LOUIS, MO 63141 ASPEN, CO 81611 2860 AUGUSTA DR LAS VEGAS, NV 89109 MURRAY DENIS NITSCHKE RUPRECHT TRUST 50% NOBLE GUY T PO BOX 3770 7107 FRANKLIN ST PO BOX 9344 ASPEN, CO 81612 MIDDLETON, WI 53562 ASPEN, CO 81612 NOREN LARA L & STEPHEN C OLSON PAUL & DIANE CANEPA ONEAL PROPERTIES LLC 10927 BRIGANTINE DR PO BOX 128 8100 E CAMELBACK RD #31 INDIANAPOLIS, IN 46256-9544 BRECKENRIDGE, CO 80424 SCOTTSDALE, AZ 85251-2773 ONEILL ROGER PASCO PROP LLC PINES LODGE DEVELOPMENT LLC PO BOX 711 SMITH PATRICK A 2353 IRVINE AVE LAKE GENEVA, WI 53147-3579 P O BOX 850 NEWPORT BEACH, CA 92660 ASPEN, CO 81612 _i ��-� wv n AH3AV-09-009-L ®09LS 1!.jege5 al zas!mn noi c ..,... ^ .--:A, ... n and Smudge Free Printing e Avery'D TEMPLATE 51600 i� vvvvw.avery.com , AVERY0 5160® 1-800-GO-AVERY P233. VIGER SIMON S & SIMON 30X 10420 'EN, CO 81612 BRING FORK PROPERTIES HOWARD A WILL JR 3 26TH AVE ;KFORD, IL 61109 iE JON E iE RITA L MAGNOLIA LAKE DR IGWOOD, FL 32779 JOHNSON AND SON INC DEPT 412 5 HOWE ST ;INE, WI 53403 LAYER CHARLES M III S PONTIAC WAY JVER. CO 80224 4RAU TIMOTHY & HEIDI ROBBIN 'RAINORS LANDING RD 'EN, CO 81611 kDOW MOUNTAIN AERIE ;TNERSHIP LLP ARTHUR J & PAMELA T SHINGTON 3RIARCLIFF RD .CHMONT, NY 10538 VE FAMILY LLC 7 LOGO 7 CT IANAPOLIS, IN 46219-1430 =RS CHALET LLC R J OCALLAHAN E 7TH ST #100 :BLO, CO 81003 TH RONA K 2 HILLSIDE RD .VENSON, MD 21153 RINGSBY GRAY ROARING FORK MOUNTAIN LODGE PO BOX 1292 ASPEN LLC HAIKU, HI 96708 TWO CREEKS BLDG 0021 BURNT MTN CIR SNOWMASS VILLAGE, CO 81615 ROBERT FAMILY TRUST 1/4 INT ROBLES ENRIQUE ALVAREZ 771 FERST DR ALVAREZ CRISTINA ATLANTA, GA 30332-0245 MONTES URALES 350 LOMAS CHAPULTEPEC MEXICO DF MEXICO, 11000 RUDERMAN ERIC P & MIMI E RYAN ELIZABETH H 1/2 INT 1536 OGDEN ST COPE G RICHARD & NANCY M 1/2 INT DENVER, CO 80218-1406 419 WINNEBAGO DR JANESVILLE, WI 53545 SALITERMAN LARRY & NANCY SCHAINUCK LEWIS I & MICHELLE T 603 S GRAMISH 2900 OCEAN BLVD ASPEN, CO 81611 CORONA DE MAR, CA 92625 SCHERER ROBERT P III SCHROEDER C M JR 217 GOLDENROD AVE SCHROEDER BETTY ANN CORONA DEL MAR, CA 92625 3629 ROCKBRIDGE RD COLUMBIA. SC 29206 SETZLER ALEX SEVERY REV TRUST 70.39% 33901 MARIANNA DR #11 30 DEXTER ST DANA POINT, CA 92629 DENVER, CO 80220 SHEFFER BARBARA & DOUGLAS SHENK ROBERT D PO BOX 250 290 HWY 133 ASPEN, CO 81612 CARBONDALE, CO 81623-1530 SILVERMAN MARC A & MARILYN L SIMON HERBERT REV TRUST 937 DALE RD 8765 PINE RIDGE DR MEADOWBROOK, PA 19046 INDIANAPOLIS, IN 46260-1778 SLOAN SUSAN MARIE SM-15 500 S ORANGE AVE SEELBACH W ILLIA - C/O SARASOTA, FL 34236 45000 S WOODLAND CHAGRIN FALLS, OH 44022 SOLONDZ TAMI S SOUTH POINT CONDOMINIUM PO BOX 2829 ASSOCIATION ASPEN, CO 81612 205 E DURANT AVE #2F ASPEN, CO 81611 f Un AW-nn-nno-1 —n9LS 11Jege6 at Zasi .n Jam and Smudge Free Printing Use ® www.avery.com �� '��Yp 5160® AveryO TEMPLATE 51600 1-800-GO-AVERY P234 SOUTHPOINT-SUMNER CORP SPAULDING RICHARD W STANTON JAMES 4828 FORT SUMNER DR THOMPSON ELEANOR M C/O WORLD-WIDE HOLDINGS CORP BETHESDA, MD 20816 PO BOX 278 150 E 58TH ST CONCORD, MA 01742-0278 NEW YORK, NY 10155 STARK RENEE A STEINER DONALD R STEWART SCOTT 432 W HOPKINS AVE BUCKHEAD GRAND 4710 PLAINFIELD CT ASPEN, CO 81611 3338 PEACHTREE RD #3307 MIDDLETON, WI 53562 ATLANTA, GA 30326 STRAWBRIDGE GEORGE JR STUART FAMILY TRUST 1/4 INT TAROCH HOLDINGS LTD 3801 KENNETT PKE BLDG #13-100 1 CASTLEWOOD CT C/O PATRICK D MCALLISTER PC WILMINGTON, DE 19807 NASHVILLE, TN 37215-4617 210 E HYMAN AVE #202 ASPEN, CO 81611-2909 TAYLOR HARVEY C TELEMARK APARTMENT 2 LLC TELEMARK ASPEN LLC W 301 N 9430 HWY E 3910 S HILLCREST DR 55 SECOND ST HARTLAND, WI 53029 DENVER, CO 80237 COLORADO.SPRINGS, CO 80906 THREE REEDS LLC TOWNE PLACE OF ASPEN CONDO 2224 VIA SEVILLE RD NW ASSOC INC TRAINORS LANDING CONDO ASSOC ALBUQUERQUE, NM 87104-3096 C/O ASPEN LODGING COMPANY COMMON AREA EXEMPT 747 S GALENA ST ASPEN, CO 81611 TUCKER RC DR TYDEN FAMILY FARMS PTNP UHLFELDER FAMILY INVESTMENTS COLOROW - ATTN: 1730 IROQUOIS TR RLLP 6420 STAUDER CIR 1730HASIRGQ, MI TR 210 AABC STE AA EDINA, MN 55436 ASPEN, CO 81611 ✓ANDER WALL DEAN ROBERT & VANTONGEREN HAROLD V & LIDIA M WALDRON GAILYN L TRUSTEE 3EVERLYJ DO 3E BOX 189 2000 E 12TH AVE BOX 8 PO BOX 7964 -ONE PINE, CA 93545 DENVER, CO 80206 ASPEN, CO 81612 NANK SARAH TRUST WHITE JALEH WILLETTE NANCY '/O WANK JORDAN THICKMAN DAVID 100 E DEAN ST #2D 14431 VENTURA BLVD #162 152 E DURANT AVE ASPEN, CO 81611 3HERMAN OAKS, CA 91423 ASPEN, CO 81611-1737 NOLF FAMILY TRUST 12/23/1986 WOLTIN ROBERT WOODING MERRITT B 1221 MYRTLE AVE 2701 AQUA VISTA BLVD PO BOX 339 3AN DIEGO, CA 92103 FORT LAUDERDALE, FL 33301 HOPE, NJ 07844 VOODSON TATJANA D WOW LIFT ONE LLC WRIGHT LISA ' O BOX 125 C/O WARSTLER ROBERT. T PO BOX 3770 'ETON VILLAGE, WY 83025 10 WINDJAMMER LN ASPEN, CO 81612 MT ARLINGTON, NJ 07856 -no] c i %I" wv n �k)33AV-09-008-L e09L5 1»ege6 ai zaswin Jam and Smudge Free Printing Use Avery® TEMPLATE 51600 wwvv.avery 1-800-GO-AV AVERY8 51600 P235 WUGALTER JOEL 3200 NORTH OCEAN BLVD #909 FT LAUDERDALE, FL 33308 ZALE MILTON TRUSTEE 3824 N ASHLAND AVE CHICAGO, IL 60613 r^1 AIOAV-OD-008-1, a09L5 i!.jege6 aI zasp!in P236 EXHIBIT ORDINANCE NO.32 (SERIES OF 2003) AN ORDINANCE OF THE ASPEN CITY CO UNCIL APPROVING THE SOUTH ASPEN STREET SUBDIVISION/PUD AND FINAL PLANNED UNIT DEVELOPMENT PLAN INCLUDING SUBDIVISION, GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS FOR AFFORDABLE HOUSING AND RECONSTRUCTION OF A DEMOI,ISIIED MIJI,TI-FAVIII,Y BUILDING, IIEZONING TO 111'I4 WITH A PUD OVERLAY, AND A SPECIAL REVIEW TO ESTABLIS11'1 HE AFFORDABLE IIOUSING PARKING REQU111EIVIEN- 'S f011 THE I'll OP101'I'Y TO lil+; DESCI1113ED AS PARCELS 1, 2, AND 3, OFTHE SOUTH ASPEN STREET SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-131-13-001 (Parcel 1) Parcel No. 2735-131-14-003 (Parcel 2) Parcel No. 2735-131-23-001 (Parcel 3) WHEREAS, the Community Development Department received an application from Aspen Land Fund Z LLC, owner, represented by Vann Associates, LLC, requesting approval of a Final Planned Unit Development Plan including requests for Subdivision, Growth Management Quota System (GMQS) Exemptions for Affordable Housing and reconstruction of a demolished multi -family building, Rezoning to L/71R, and Special Review to establish the off-street parking requirements for the property described as, Parcel 1: Block 6 of the Eames Addition to the City and Townsite of Aspen, Parcel 2: Lots 7-12, Block I I., Eames Addition to the City and Townsite of Aspen, Parcel 3: Lots 13-20, Block 11, Eames Addition to the City and Townsite of Aspen; and, WHEREAS, the development property consists of three (3) parcels zoned LJTR and R-15 with a Lodge and PUD Overlay; and, WHEREAS, pursuant to Land Use Code Section 26.310, Map and Text Amendments; Section 26.445, Planned Unit Development; Section 26.470, Growth Management Quota System; Section 26.480, Subdivision; the City Council may approve, approve with conditions, or deny the land use requests made by the Applicant during a duly noticed public hearing after taking and considering comments from the general public, and recommendations from the Planning and Zoning Conunission, Community Development Director, and relevant referral agencies; and, WHEREAS, the Community Development Director has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified.herein and recommended approval with conditions; and, �) 111117 '� Page: 1 of 10 cr, 071 M-11TC DTTKTm rnuNTY cn 0 St AA 8iO4n2000011 :49F P237 WHEREAS, during a duly noticed public hearing on June 3, 2003, the Planning and Zoning Commission approved Resolution No. 14, Series of 2003 by a three to zero (3-0) vote, recommending that City Council approve the proposal with conditions; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Communily Development Dircclor, the Aspcn/Pilkin C01.111ty Iloiisinb Aulhority, the 0hPlic.ihlc referr.il o6cncica, and IMN lal<ui ;inch C011:11l1C1-Cll pill lie cunu>>unl ;11 .1 public hearing; and, WIIEREAS, the City Council finds Thal the development proposal mccls orcxceeds all applicable development standards aryl Ihat the approval of [lie development proposal, with .conditions, is consistent with the goals and elements ofthe Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby rezones Parcel 2, and a portion of Parcel 3, of the South Aspen Street Subdivision/PUD, City and Townsite of Aspen, to L/TR (Lodge/Tourist Residential) and rezoned Parcels 1, 2, and 3 of the South Aspen Street Subdivision/PUD with a Planned Unit Development (PUD) overlay. Section 2 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves the South Aspen Street Final PUD Plan, which. includes application for Final PUD, Subdivision, Growth Management Quota System Exemptions (GMQS) for Affordable Housing and for the reconstruction of the multi -family building to be demolished (Mine Dump Apartments), and for Special Review to establish the off- street parking requirements for the development of fourteen (14) free market town homes and seventeen (17) affordable housing units subject to the following conditions: 1. A Subdivision/PUD Agreement shall be recorded at the Pitkin County Clerk and Recorder's Office within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Land Use Code Section 26.445.070(C). I II i I II 148640 Page: 2 cf 0 I.Ol1WTY CO n t R e, 0° JL Q0 a©i :: 4°P ^ P238 2. A Final PUD Plan and Subdivision Plat shall be recorded at the Pitkin County Clerk and Recorder's Office within 180 days of the final approval granted by City Council and shall include: a. A final plat meeting the requirements of the Community Development Engineer and showing easements, encroachment agreements and licenses with reception numbers tier physical improvemuils, and the location ol'utility pedestals. An illush-alive sil.c likiii ol'lhu prujucl showing [lie proposed iIII prOwcmcnIS, Jill ILISCUPing (including all plantings, species, nunihcrs, and locations), parking, and the dimensional requirements as approved. C. A drawin re resenting the project's architectural character. d. revised drainage plan and re rt, including an erosion control plan, shall be r a Colorado licensed Civil Engineer, in w c ry wells will only be allowed to handle runoff from foundation drains, parking garage ramps, and roof drains. All other runoff shall be directed towards the City's storm water system. e. (there evised infrastructure plan indicating that all road rovements shall b ned. The plan shall also indicate that s e no super -elevated curves permitted. Juan Street and South Gannisch Street (to the extent of Parcel l's street frontage) shall be widened to 27 feet as measured from the outer edges of the curbs. The minimum slope of Juan Street shall be .75%. 3. The following dimensional requirements of the PUD are approved and shall be printed on the Final Illustrative Plan: Dimensional Requirement Proposed Development Minimum Lot Size 6,000 sf. Lot Area Per Dwelling Unit 1,100 sf per bedroom (81 bedrooms on 89,127 sf. of lot area that applies to density calculations) Minimum Lot Width 60 feet Front Yard Setback 10 ft. per parcel Side Yard Setback 5 ft. per parcel Rear Yard Setback 10 ft. per parcel Maximum Height 28 feet except where deed restricted Percent of Open Space 27% (cumulative over all 3parcels) 486-Or Page: 3 of 10 08/04/2003 __:49A nn n n nrw • P239 Allowable External .83:1 (73,381 sf. cumulative over all three FARparcels) AH Off -Street Parking 30 Parking Spaces (2 spaces for each dwelling unit of 2 or more bedrooms, and 1 space for each one bedroom and studio unit)(cumulative over all three parcels) Frcc Market OFF -Street 28 Parking Spaces (2 spaces For each dwelling Parking unil of 2 or morc hcdrornns, and I space: tier cash one bedroom and studio Iinil)(cilni►ilalive aver 1.111 Throe parcels) -- 4. 'Tic building permit application shall include; the: lollowing: a. A copy of the final recorded Ordinance. b. The conditions of approval printed on the cover page of the building permit set. C. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off - site replacement or mtigation of any removed trees. C. A detailed ventilation plan of the parking garage ventilation system prepared by an engineer that specializes in the design of ventilation and heating systems. f. A fugitive dust control plan which includes proposed construction fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads, construction speed limits, and other measures necessary to prevent windblown dust from crossing the property line. A letter from the primary contractor to the Community Development Director stating that the conditions of approval have been read and are understood. h. All tap fees, impacts fees, and building permit fees shall be paid prior to building permit issuance. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. i. A State of Colorado Storm Water Management (Erosion Control) Permit because the land area of the development is over an acre. j. A PM-10 rrutigation plan for review and approval by the Environmental Health Department or a cash -in -lieu payment in the amount to be calculated by the City Environmental Health 4e640i =age: 4 of 10 I4 I I I EiLVIR DRVIS PITCN hJNT" C0 III R 51 .00 08,'040 00001 i -_R 0 P240 Director that is to be used entirely to implement PM-10 reduction methods. 5. The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. on Monday thru Saturday. 6. The Applicant sliall agree That there will be no construction material or dumpstcrS Slorccl on the public rights -of -way uiilcss a tuniporary cncroaclunncnt license is granted by the City Engineer. In addition, the Applicant shall Submit a lull sct ol'construct.ion management plaits as part ol'thc building permit apjplication, and the management plans shall Include a noise, dust control, and construction traflic and construction parking management plan which addresses, at a minimum, the following issues: a. Defining the construction debris hauling routes and associated impacts on local streets; and, b. Construction parking mitigation, except for essential trade trucks, no other personal trucks are to be parked in the area around the site. The city encourages that site workers be shuttled in from the airport parking area. 7. The Applicant shall complete (prior to any of the remodel work, including removal of drywall, carpet, tile, etc.,) the Building Department's asbestos checklist, and if necessary, a person licensed by the State to do asbestos inspections must conduct an inspection. The Building Department cannot sign any building permits until they get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it in accordance with the applicable regulations. The Applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 9. The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. The Applicant shall enter into a Water Service agreement. 10. The Applicants shall at their sole expense install a new eight (8) inch water line within South Garmisch Street and Juan Street. In addition, the Applicant shall abandon the existing six (6) inch water line that exists in South Garmisch and Juan Street. The point of beginning for the main replacement on South Garmisch Street shall be the existing valve complex (serving the Barbee PUD) north of the intersection of Dean and Garmisch. 111119i�idlllltill'd'V'IIIV'llhllllllillllllilllll ;6' o' •... • • P241 This is approximately 80 feet further north of the point of beginning shown,on the schematic utility plan dated June 21, 2002. 11. The Applicant shall also schedule the abandonment of the existing water taps prior to applying for new water taps. 12. The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. If new sewer lines are required, their the UXiS1.111g 8L;1-VICC 111118t hC CXCaVated and discorinoctcd t1t the plain sewer lint;.. No cicar.walcr conncctions (rot) I' foundation, perimeter drains) shall be allowed to drain to ACSD lines. All inlprovetnents llclow grade shall require tht; use ol'a pumping station. The Applicant shall install an oil and sand separator in the parking garage that meets the Aspen Sanitation District's standards. In addition, the Applicant shall enter into a shared service agreement if more than one unit is served by a single service line. 13. Elevator shaft drains shall flow thru an oil and sand interceptor. 14. The Applicant shall fund proportionate costs associated with the development for the replacement. of the main sanitary sewer lines located in S. Aspen Street, Dean Street, and near the Post Office. 15. The Applicant shall enter into a main line extension and collection system agreement with the Aspen Consolidated Sanitation District prior to applying for building permits for the development. 16. In the event that snowmelt is installed, the Glycol containment areas must be approved by the Aspen Consolidated Sanitation District prior to issuance of a Certificate of Occupancy on any of the units within the development. 17. The Applicant shall at their sole expense replace the existing substandard sewer line located in the alley of Block 61 between S. Garnusch and First Street in First Street. 18. The Applicant shall extend the existing storm water sewers south on both S. Aspen Street and S. Garmisch Street as far as Dean Avenue. Additionally, the Applicant shall extend the existing storm sewers to the Dean Avenue/ S. Aspen Street intersection and to the Dean Avenue/ S. Garmisch Street intersection. As required by the City Engineering Department, catch basins shall be installed at these intersections. 19. All landscaping in the public right-of-way shall meet the requirements as set forth in Municipal Code Chapter 21.20, Trees and Landscaping on Public Right -of -Way. Any landscaping in the public right-of-way shall be approved by the City Parks Department prior to installation. The I � ill qjIIIIii l!I iN 1 l�li ll! lIII III! I IP.-6407 In P242 Applicant shall also obtain a revocable encroachment license from the City Engineering Department prior to installation of any landscaping or improvements in the public right-of-way. All plantings along the edge of the subject properties or within the public right-of-way shall be of a size and a species that will not require major maintenance (pruning, trimming due to over growth) by the City or the developer. 20. All exterior lighting shall meet llte City of Aspen Lighting Code requirements set lorth in Land I.JSc Code Scction 26.575.150, its may he amended born time to time. 21. The Applicant shall pay a proportional amount ofthe applicable school land dedication fees as determined by the City of Aspen Zoning Officer prior to building permit issuance on each of the units. 22. All affordable housing units to be constructed on Parcel 3 of the PUD shall obtain certificate of occupancies prior to the issuance of a certificate of occupancy on any of the free market units within the development. In addition, the free market units on Parcel 2 shall not be issued Certificates of Occupancy until all of the affordable housing units on Parcel 2 have received Certificates of Occupancy. The free market units on Parcel 1 shall also not be issued Certificates of Occupancy until the affordable housing units on Parcel 1 have received Certificates of Occupancy. 23. The Applicant shall convey an undivided fractional interest (one--. enth o one percent) in the ownership of the deed restricted employee housing units to the Aspen/Pitkin County Housing Authority for the purpose of complying with the Colorado Supreme Court Decision regarding rent control legislation. The deed of conveyance shall contain such terms and conditions that are mutually acceptable to the City and the Applicant. To satisfy the rent control issue, the Applicant may submit an alternative option acceptable to the City Attorney. 24. The Applicant shall indemnify and hold harmless the Aspen/Pitkin County Housing Authority and the City of Aspen from any claims, liability, fees or similar charges related to ownership in the deed restricted affordable housing units. 25. The mix of affordable housing categories shall be as follows: 2-1 Bedroom Category 1 Units 2-1 Bedroom Category 2 Units 2-3 Bedroom Category 1 Units 7-3 Bedroom Category 2 Units 4-3 Bedroom Category 3 Units 413640 page: 7 r 0: 1�5f:JIII�WINIIIIH III�I: � I 1 tI 'OE;�=r'oi©a01 .�9P P243 26. The deed restrictions on the affordable housing units on a given parcel shall be filed in conjunction with an application to condominiumize the fee market units but prior to issuance of a Certificate of Occupancy on any of the units on said parcel:. The deed restrictions shall meet the following: a. The deed restrictions on the affordable housing units shall be defined by the rental price terms in the Aspen/Pitkin County All'ordahlc I lousing Guidelines in affect -It the lime of I7inal PI)I) approval 27. The Applicant shall record a housing replacement agreement which sets forth the terms and conditions by which the replacement housing will be provided prior to demolishing the Mine Dump Apartments. 28. The most recent tenants of the Mine Dump Apartments who meet the Affordable Housing Guidelines for the proposed units shall be granted first priority through an internal lottery at the time of the initial rental of the replacement affordable housing units. 29. The Applicant shall erect signage and install pavement marking on uan Street that prohibits on -street parking. 30. The Applicant or their successors or assigns shall maintain the common driveway between Parcels 2 and 3. . 31. The Applicant shall install an adequate fire alarm system throughout the development as determined by the Fire Marshal. The Applicant shall also install fire sprinkler systems and fire extinguishers that meet the requirements of the Fire Marshal. The Applicant shall meet with the Fire Marshal prior to building permit issuance to review alarms and sprinkler system plans. 32. Sol] nails shall not be allowed within or under the public right-of-way. 33. The Applicant shall submit financial assurance in an amount and form acceptable to the City Engineer for excavation in the public right-of-way. 34. The Applicant shall provide a form of mitigation approved by the City Engineer for increased vehicular traffic on South Aspen Street, causing a revocation of the road's 15-year pavement warranty that results from accelerated road deterioration. The Applicant shall be proportionately reimbursed by future developments that cause a substantial increase in vehicle trips on the portion of South Aspen Street that is subject to the 1 5- year pavement warranty. . Page: 8 -- '_0 E iill I . � a£i 114/2003 1 _ . _r ?.IA N rh OVA P244 35. The Applicant shall provide a twenty-five (25) foot wide improved public access way with drive -on, slanted -face curbs and a stabilized shoulder on Dean Avenue for vehicular access into Parcel 1's affordable housing units. 36. The City Engineering Department recommends that the Applicants obtain flood insurance for the proposed units if available. 37. The Applicant shall install tree saving construction lences around the drip line ol'any trees Io be saved. a. The. City Forester o-r his/hcr designee must inspect ;his ICncc hcli�re any construction activities commence. b. No excavation, storage of materials, storage of construction equipment, construction backfill, foot or vehicular traffic shall be allowed within the fenced drip line. 38. A native vegetation protection fence shall be installed on the western property boundary of Parcels l and 2 between Parcels 1 and 2 and the Barbee Family Subdivision Property. The fence shall be installed and inspected by a City of Aspen Parks Department Representative prior to construction. There shall be no storage of construction materials, back fill, tools, or construction traffic beyond this protective fence. There also shall be no excavation or disturbance of the native area beyond this protective fence. 39. The Applicant or their successors or assigns shall maintain the Open Space on the site including the Park proposed on Parcel 1. 40. Pet waste stations shall be installed in the Park. Section 3: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A public hearing on the ordinance shall be held on the 28th day of July, 2003, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. 4 I 0/7 Raze: 2 of ? u 1I: ,, Irl^I'NTY CO? . 0 • P245 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 23rd day of June, 2003. 711venKain I Attest: Kathryn S. K h, City Clerk FINALLY, adopted, passed and approved by a vote of three to zero (3-0), this 28th day of July 2003. Attest: Kathryn S. 19Eh, City Clerk ApproN'ed as to form: John P. Worr• s r, City Attorney Helen lin �,Iayor I �I 485407 I l I I Page: 08/040/20110P. D 00 49 SILV:A DAVIS PITKIN COUNTY CO R 51.00 • EXHIBIT P246 NOTICE OF DECISION TO: Aspen Land Fund H, LLC C/o Vann Associates FROM: Julie Ann Woods, City of Aspen Community Development Director James Linda Planner RE: Extension for Recordation of PUD Documents Request- South Aspen Street PUD DATE: October 23.2003 SUMMARY Aspen Land Fund II, LLC requests a one year (365-day) extension in order to record the necessary PUD Plans and PUD / Subdivision Agreements with the Pitkin County Clerk and Recorder's office for the South Aspen Street PUD project. BACKGROUND The South Aspen Street PUD received final PUD approval from the Aspen City Council on July 28, 2003, which is memorialized in Ordinance No. 32, Series of 2003 (attached as Exhibit "A"). The Applicant has yet to record their PUD agreement or plat and their deadline to do so expires on January 24, 2004. Therefore, the Applicant has requested an extension of one year from the date of which the recordation period would expire without an extension. According to Section 26.445.070(A) of the Land Use Code, the Community Development Director has the authority to extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing for such an extension. STAFF FINDINGS Sta believes at e request to extend e recordation dead e is�nthe vesting period, which ends on July 28, 2006 (three (3) years after final approval). Staff also feels that allowing for the requested extension is within the best interest of the community in that it will allow for the Applicant to complete the review of their hotel/timeshare request that has already been submitted. Staff feels that it is in the community's best interest to allow for the Applicant to finish the review of the hotel/timeshare project that they submitted in that it could possibly further the Aspen Area Community Plan goals relating to preserving the short-term lodging inventory. in Aspen. Therefore, staff finds that the request has been submitted within the vesting timeline and that there is a community interest for providing an extension. COMMUNITY DEVELOPMENT DIRECTOR APPROVAL I hereby extend the recordation deadline for the South Aspen Street PUD project for one year (365 days) to expire on January 24, 2005 finding that the request has been made P247 within the vestin,;_ timeline and there is a . community interest for providing su—cE an extension. Juh`A= Woods, Community Development Director Date ATTACHMENTS: Exhibit A — Ordinance No. 32, Series of 20033 Exhibit B — Letter of Request 2003 P248 • 0- MEMORANDUM TO: Chris Bendon, City of Aspen Community Development Director FROM: Chris Lee, Planner cl RE: Extension for Recordation of PUD Documents Request- South Aspen Street PUD DATE: December 13, 2004 SUMMARY Aspen Land Fund II, LLC requests a one year (365-day) recordation extension for the South Aspen Street PUD project in order to record the necessary PUD Plans and PUD / Subdivision Agreements with the Pitkin County Clerk and Recorder's office. BACKGROUND . The South Aspen Street PUD received final PUD approval from the Aspen City Council on July 28, 2003, which is memorialized in Ordinance No. 32, Series of 2003. The Applicant was not ready to record its PUD agreement or plat by the time the original deadline was to expire on January 24, 2004. Consequently, the Applicant requested, and was granted, an extension of one year from the date of which the recordation period would expire. That insubstantial amendment was granted by Julie Ann Woods to extend the deadline to January 24, 2005 in accordance with Section 26.445.070(A) of the Land Use Code, which states that the Community Development Director has the authority to extend the recordation deadline if the request is within the vesting timeline and if there is a community interest. for providing such an extension. Given that the deadline of that extension is quickly approaching, the Applicant has approached the Community Development Department once again to apply for another extension. The Applicant seeks a further extension because it is in the process of submitting a revised conceptual PUD application that would be the preferred development option for the Applicant. The review process for that revised conceptual PUD could not possibly be completed before the current deadline expires and therefore requests that it be extended once again for one year (365 days) until January 24, 2006. STAFF FINDINGS Staff finds that the request to extend the recordation deadline is within the vesting period, which ends on July 28, 2006 (three (3) years after fmal approval). Staff feels that allowing for the requested extension is within the best interest of the community in that it will allow the Applicant time to complete the review process of a revised conceptual PUD application. Staff feels that it is in the community's best interest to allow for the Applicant to finish preparing the revised conceptual PUD and pass through review of the hotel/tourist accommodation project that they will propose in that it could possibly further the Aspen Area Community Plan goals relating to preserving the short-term P249 lodging. inventory in Aspen. Therefore, staff finds that the request has been submitted within the vesting timeline and that there is a community interest for providing an extension. COMMUNITY DEVELOPMENT DIRECTOR APPROVAL I hereby extend the recordation deadline for the South Aspen Street PUD project for one year (365 days) to expire on January 24, 2006 finding that the request has been made within the vesting timeline .and there is a community interest for providing such an extenson. Chris Bendon, Community Development Director ATTACHMENTS: Exhibit A — Ordinance No. 32, Series of 2003 Exhibit B — Notice of Decision for first Extension Exhibit C — Letter of Request Date APPROVED DEC 13 2004 CohWW 7YDEVELOPQVTpkii:;TLth a YCFASPef P250 • VANN ASSOCIATES, LLC Planning �orsul;ar,s November 17, 2005 HAND DELIVERED Mr. Chris Bendon, Director Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: South Aspen Street Subdivision/PUD, Request for Extension of Recordation Deadline Dear Chris: Please consider this letter a formal request to extend the recordation deadline for the final subdivision/PUD documents for the South Aspen Street Subdivision/PUD, a free market residential/affordable housing project. The request is submitted pursuant to Sections 26.480.080.E. and 26.445.070.A. of the City's Land Use Regulations by Aspen Land Fund U, LLC, the owner of the South Aspen Street property. These two sections permit the Community Development Director to extend the recordation deadline if the request is within the vesting timeline and there is a community interest for approving the extension. The final subdivision/PUD documents for the South Aspen Street Subdivision/PUD were to have been recorded within one hundred and eighty (180) days of the receipt of final City Council approval. Final PUD approval was granted by the City Council on July 28, 2003 pursuant to Ordinance No. 32, Series of 2003. Consequently, the project's final plat, PUD development plan, and-subdivision/PUD agreement were to have been recorded no later than January 24, 2004. This deadline, however, was extended by Julie Ann Woods at the applicant's request until January 24, 2005 (see attached Notice of Decision). An additional one year extension, which was granted by you on December 12, 2004, extended the recordation deadline until January 24, 2006 (see attached memorandum). As you know, Aspen Land Fund's application for conceptual PUD approval for a mixed use hotel/fractional ownership project on the South Aspen Street property is presently under review by the City Council. Further revisions to the project to address various Council concerns are currently being studied by the applicant and will 230 East Hopkins Ave. • Aspen, Colorado 81611 • 970/925-6958 • Fax 970/920-9310 P251 Mr. Chris Bendon November 17, 2005 Page 2 be presented at the Council's November 28 meeting. Should the Council fail to grant conceptual approval, it will be necessary for Aspen Land Fund to finalize, and the City to review and record, the PUD documents for the residential project. While we expect to submit the documents to the City in as timely a manner as possible, the coming holiday season and the availability of our consultants will make it difficult to meet the January 24 deadline. _ Accordingly, Aspen Land Fund respectfully requests that the deadline be extended for an additional sixty (60) days. The revised recordation deadline, therefore, would be March 25, 2006. The previously approved residential project is vested until July 28, 2006, and no apparent community benefit would appear to result by requiring that the documents be recorded by January 24. In the event the City Council approves the conceptual PUD application, we will apply for a further extension of the recordation deadline so as to allow sufficient time to prepare, review and approve the final PUD application for the hotel project.. An extension of the existing vested rights period will also most likely be required. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, VANN ASSOCIA' ann, A1CP SV:cwv Attachments LLC rvI I I cc: John Sarpa, Aspen Land Fund H, LLC Arthur C. Daily, Esq. c:\oldc\bus\ciry _1tr\1tr45303.cb3 APPROVED r-.V 2005 t vi. C,pMMUN1 i I _ . __JPMENT DWt'v l Ui CITY OP ASPEN P252 } VANN ASSOCIATES, LLC Planning Consultants March 6, 2006 HAND DELIVERED Mr. Chris Bendon, Director Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: South Aspen Street Subdivision/PUD, Request for Extension of Recordation Deadline and Vested Rights Dear Chris: Please consider this letter a request to extend the recordation deadline for the final subdivision/PUD documents for the South Aspen Street Subdivision/PUD, a free market residential/affordable housing project, and to extend its vested rights. The request is submitted pursuant to Sections 26.480.080.E., 26.445.070.A and 26.308.- 010.C. of the Aspen Land Use Regulations by Aspen Land Fund II, LLC, the owner of the property. The first two sections permit the Community Development Director to extend the recordation deadline if the request is within the vesting timeline and there is a community interest for approving the extension. The remaining code section permits the City Council to extend the expiration date of a prior land use Approval's vested rights. A public hearing, however, is required to extend a project's vested rights.. The final subdivision/PUD documents for the South Aspen Street Subdivision/PUD were to have been recorded within one hundred and eighty (180) days of the receipt of final City Council approval. Final PUD approval was granted by the City Council on July 28, 2003 pursuant to Ordinance No. 32, Series of 2003. While the approval is vested until July 28, 2006, the project's final plat, PUD development plan, and subdivision/PUD agreement were to have been recorded no later than January 24, 2004. This deadline, however, was extended by your predecessor, Julie Ann Woods, at the applicant's request until January 24, 2005. An additional one year extension, which was granted by you on December 12, 2004, extended the recordation deadline until January 24, 2006. A third extension was granted by you on November 19, 2005, which extended the deadline until March 25, 2006. Copies of the various extensions are attached hereto for your reference. 230 East Hopkins Ave. • Aspen, Colorado 81611 • 970/925-6958 • Fax 970/920-9310 P253 Mr. Chris Bendon, Director March 6, 2006 Page 2 All of the recordation deadline extensions were granted to accommodate the City's ongoing review of an alternative project for the property. As you know, Aspen Land Fund's application for conceptual PUD approval for a mixed use hotel/fractional ownership project on the South Aspen Street property was approved by the City Council on November 28, 2005. Aspen Land Fund is present working on the hotel project's final PUD application which we expect to submit to the City in late spring or early summer. As the final application will undoubtedly require considerable time to review and approve, no community benefit would appear to result by requiring that the residential project's documents be recorded by March 25, 2006. Similarly, no benefit would appear to result by requiring Aspen Land Fund to apply for and receive a building permit for the residential project while the preferred hotel project is still under review. Absent an extension of the residential project's vested rights, however, Aspen Land Fund will have no choice but to submit a building permit application in order to maintain the prior approval's vested rights status. Accordingly, Aspen Land Fund respectfully requests that both the recordation deadline and vested rights for the residential project be extended until July 28, 2006. The requested one year extension should be sufficient to complete the review of the final PUD application for the hotel project and to record its associated documents. To comply with the City's regulatory requirements, the hotel project's PUD agreement will vacate the residential project's prior approvals. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, LLC Attachments cc: John Sarpa, Aspen Land Fund II, LLC Arthur C. Daily, Esq. c: \oldc\bus\city.ltr\ltr45303.cK 6kiw. lip �AA + J,� OAM C APPROVED MAR 0 i 2006 COMMUNITY DEVELdNi eN I uwit t, I Ur, GTY OF ASPEN • P254 • AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: SC4Nlspen, CO SCHEDULED PUBLIC HEARING DATE: -5 , 200_ STATE OF COLORADO ) SS. County of Pitkin ) I, �1 a 1 4� c 14 CJ 7—(name, please print) being or representing an Applicant to he City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) incl-..es wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first cWs postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ature The foregoing "Affidavit of Notice" was ac owledged before me this 22 41�ay of VA I , 200,--, by A4w� L4,Y4--j- PPUBUC NOTICE RE: SOUTH ASPEN STREET SUBDIVISION AND PUD - vESTED RIGHTS E)CI'ENSIO CEN that a public NOTICE IS HERFB`.' hearing will be held on Monday, May the at a meeting to begin at 5:00 p. City Council, City Council Chambers, City Hall, 130 S. Galena St, Aspen, to consider an apPBca- lion submitted by Aspen Land Fund II, LLC, 300 Spring Street, Suite 301. Aspen, CO 81611, which is the owner of the subject property. The APPil- cant requests a one year extension (until July 28, 200T) of their vested rights to develop the site with their approved development plan of four- teen (14) free-market townhomes and seventeen (17) affordable housing units. The property is le- gally described as Block 6 of the FLotssdition 7-12, to the City and Townsfte of Aspen, Block 11, Eames Addition to the City and Town - site of Aspen • and Lots 13-20, Block 11. Eames Ad- dition to the City and Townsfte of Aspen. For further information, contact Jennifer Phelan at the City of Aspen Community Development De- partment, 130 S. Galena St., Aspen. CO, (970) 429- 2759, jennife0ci.asPen.co.us. s/ Helen K. Klanderud, Mayor Aspen City Council Published in the A oen Times Weekly on April 23, 2006. (3648) WITNESS MY HAND AND OFFICIAL SEAL My co Sion expires: Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) U,1 gRq�OG A�� 0 3 LAC' •:00 Commission Expires 02&tM LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL VANN ASSOCIATES, LLC Planning Consultants March 20, 2006 HAND DELIVERED Mr. James Lindt, Senior Planner Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: South Aspen Street Subdivision/PUD Vested Rights Extension Dear James: Please consider this letter an application to extend the vested rights for the South Aspen Subdivision/PUD, a free market residential/affordable housing project which has been approved for development on two parcels of land located on the west side of South Aspen Street near the base of Aspen Mountain (see Exhibit 1, Pre -Application Conference Summary, attached hereto). The application is submitted pursuant to Section 26.308.010.C. of the Aspen Land Use Regulations by the owner of the property, Aspen Land Fund II, LLC (hereinaf- ter "Applicant"), a Colorado limited liability company (see Exhibit 2, Title Commit- ment). Permission for Vann Associates, LLC, to represent the Applicant is attached as Exhibit 3. A land use application form, application fee agreement, and a list of property owners located within three hundred feet of the project site are attached as Exhibits 4, 5 and 6, respectively. Final PUD approval was granted by the City Council on July 28, 2003 pursuant to Ordinance No. 32, Series of 2003 (see Exhibit 7). While the approval is vested until July 28, 2006, the project's final plat, PUD development plan, and subdivision/PUD agreement were to have been recorded no later than January 24, 2004. This deadline, however, was extended by Julie Ann Woods at the Applicant's request until January 24, 2005. An additional one year extension, which was granted by Chris Bendon on December 13, 2004, extended the recordation deadline until January 24, 2006. Additional extensions were granted by Chris on November 19, 2005 and on March 7, 2006, which extended the deadline until March 25, 2006 and July 28, 2006, respec- tively. Copies of the various extensions are attached hereto as Exhibit 8. 230 East Hopkins Ave. • Aspen, Colorado 81611 • 970/925-6958 • Fax 970/920-9310 0 Mr. James Lindt March 20, 2006 Page 2 All of the recordation deadline extensions were granted to accommodate the City's ongoing review of an alternative project for the property. As you know, Aspen Land Fund's application for conceptual PUD approval for a mixed use hotel/fractional ownership project on the South Aspen Street property was approved by the City Council on November 28, 2005. Aspen Land Fund is present working on the hotel project's final PUD application which we expect to submit to the City in late spring or early summer. As the final application's review process will undoubtedly extend beyond the July 28, 2006 expiration of the approved residential project's vested rights, an extension will be required. Pursuant to Section 26.308.010.C. of the Regulations, the City Council may by resolution at a public hearing approve an extension of vested rights. The specific review criteria which the Council shall consider, and the Applicant's response thereto, are summarized below. 1. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement. Section 2 of Ordinance No. 32, Series of 2003, requires the Applicant to record a final PUD development plan, a PUD agreement, and a subdivision plat memorializing the South Aspen Street Subdivision/PUD's development approval. As discussed above, the recordation of these documents has been postponed several times to allow the City's review and consideration of the alternative hotel project. Both the Applicant and the City have consistently indicated that a hotel is the preferred development alternative for the property. The Applicant, however, is now preparing the required recordation documents, and expects to record them on before the current July 28, 2006 deadline. 2. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expendi- tures made by the applicant in pursuing the project. The Applicant has not actively pursued the residential project to date as all efforts have been concentrated on the alternative hotel project. 3. The nature and extent of any benefits already received by the City as a result of the project approval such as impact fees or land dedications. No impact fees have been paid to date by the Applicant with respect to the residential project. 0 Mr. James Lindt March 20, 2006 Page 3 4. The needs of the City and the applicant that would be served by the approval of the extension or reinstatement request. The Applicant cannot allow the residential project's vested rights to expire as the property's financing was made in reliance on the existing approvals. Absent approval of the requested extension, the Applicant will have no choice but to obtain a building permit and commence construction of the residential project in order to maintain the prior approval's vested rights status. The commencement of construction by July 28 of this year will also require the issuance of a demolition permit for the Mine Dump Apartments and the removal of its tenants. Given the uncertainty as to when this application will be heard by the City Council, and the rapidly approaching July 28 deadline, the Applicant has also commenced preparation of the required building permit application package. We believe, however, that no community benefit would result by requiring the Applicant to obtain a building permit and commence construction of the residential project when the preferred alternative is a new mutually acceptable hotel. To the contrary, the Applicant's submission of a building permit application will unnecessarily burden the Community Development and Building Departments, and the subsequent commencement of construction will result in the premature removal of the Mine Dump Apartments' tenants. In our opinion, both the City and the Applicant would best be served by the granting of an appropriate extension of the residential project's vested rights. An extension would permit the completion of the Applicant's final PUD application for the hotel project and its review by the City without the distrac- tions that will inevitably occur in connection with the submission of a building permit application for the residential project, the issuance of a demolition permit for the Mine Dump Apartments, and the commencement of construc- tion. A one year extension is requested. If approved, the new deadline for the expiration of the residential project's vested rights would be July 28, 2007. The one year extension should allow sufficient time to complete the review of the final PUD application for the proposed hotel project and to prepare and record the various documents memorializing its approval. Please note that the PUD agreement for the hotel project will vacate and abandon all prior approvals associated with the residen- tial project. 0 Mr. James Lindt March 20, 2006 Page 4 Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Your timely scheduling of this application for consideration by the City Council would be sincerely appreciated. Yours truly, TES, LLC Attachments cc: John Sarpa Arthur C. Daily, Esq. c:\oldc\bus\city.app\app45303.jI 1 • • EXHIBIT D / CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: James Lindt, 429-2763 DATE: 3/14/06 PROJECT: South Aspen Street PUD Vested Rights Extension REPRESENTATIVE: Sunny Vann TYPE OF APPLICATION: Vested Rights Extension DESCRIPTION: The Applicant would like to extend the vested rights that were granted to the South Aspen Street PUD in Ordinance No. 32, Series of 2003. The Applicant has indicated a desire to extend the vested rights by one year to provide additional time for application preparation and City review of the Lodge at Aspen Final PUD that is proposed on the same site as the approved South Aspen Street PUD. Land Use Code Section(s) Section 26.304 Common Development Review Procedures Section 26.308.010(C) Extension or Reinstatement of Vested Rights Review by: Staff for complete application. Community Development Director for recommendation to City Council. City Council for final decision on the vested rights extension. Public Hearing: Yes. Referral Agencies: None. Planning Fees: Deposit of $1,350 for 6 hours of staff time. Referral Agency Fees: None. Total Deposit: $1,350 (Additional hours are billed at a rate of $225.00 per hour). To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 1 Completed Land Use Application. 4. Signed fee agreement. 5. Pre -application Conference Summary. 6. An 8 1 /2" x 11" vicinity map locating the subject parcels within the City of Aspen. 7. 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. 8. Approved Development Plans on which vested rights are to be extended. 9. Copies of prior approvals. 10. 10 Copies of Application (Items 2-10). Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 9 EXHIBIT d 2 d 9 LawyeTsTide insurance Corporation :tT"1•:+t ALTA Commitment For Title Insurance American Land Title Association (1966) AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3`FLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: Vince Higens-vince@sopris.net TJ Davis-tjd@sopris.net Priscilla Prohl-priscilla@sopris.net Joy Higens-joy@sopris.net Brandi Jepson-brandi@sopris.net (Closing & Title Assistance) Issued By lawyers Tde Insurance Crporation Home Office: 101 Gateway Centre Parkway, Gateway One Richmond, Virginia 23235-5153 1-800-446-7086 B 1004-268 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: March 6, 2006 at 8:00 AM 2. Policy or Policies to be issued: (a) ALTA Owner's Policy -Form 1992 Proposed Insured: (b) ALTA Loan Policy -Form 1992 Proposed Insured: (c) ALTA Loan Policy -Form 1992 Proposed Insured: Case No. PCT15438PR2 Amount$ 0.00 Premium$ 0.00 Rate: Amount$ 0.00 Premium$ 0.00 Rate: Amount$ Premium$ Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: ASPEN LAND FUND II LLC, A COLORADO LIMITED LIABILITY COMPANY 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: See Attached Exhibit "A" PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, ASPEN, CO. 81611 970-925-1766 Phone/970-925-6527 Fax 877-217-3158 Toll Free AUTI IORIZED AGENT Countersigned: Schedule A -PGA This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1: Block 6, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more particularly described as follows: Beginning at a point which is the intersection of the Easterly right of way line of Garmisch Street and the Southerly right of way line of Dean Avenue, from whence the Northeast Corner of Section 13, Township 10 South, Range 85 West of the 6th P.M., bears N 53°20'28" East 814.56 feet; thence along the Southerly right of way line of Dean Avenue S 75'09'11" E 330 feet to the Westerly right of way line of Aspen Street; thence along said right of way line of Aspen Street S 14°50'49" W 130 feet to the Northerly right of way line of Juan Street; thence along said right of way line of Juan Street N 75'09'11" W 330 feet to the Easterly right of way line of Garmisch Street; thence along said right of way line of Garmisch Street N 14°50'49" E 130 feet to the point of beginning. EXCEPTING therefrom: The portion described in Book 232 at Page 362. The above parcel is also described as follows: Beginning at a point which is the intersection of the Easterly right-of-way line of Garmisch Street and the Southerly right-of-way line of Dean Avenue, from whence the Northeast corner of Section 13, Township 10 South, Range 85 West of the Sixth Principal Meridian bears N 53°20'28" E 814.56 feet, more or less; thence along the Southerly right-of-way line of Dean Avenue S 75'09'11" E 330 fee, more or less, to the Westerly right-of-way line of Aspen Street; thence along said right-of-way line of Aspen Street S 14°50'49" W 130 feet, more or less to the Northerly right-of-way line of Juan Street; thence along said right-of-way line of Juan Street N 75'09'11" W 298.20 feet, to the Southeasterly corner of that parcel of land described in Book 232 at Page 362; thence N 40°21'11" W along the Northeasterly line of said parcel, a distance of 38.73 feet to the Northeasterly right-of-way line of Garmisch Street; thence along said right-of-way line of Garmisch Street N 14°50'49" E 107.90 feet, more or less, to the point of beginning. SAID PARCEL OF LAND ALSO BEING DESCRIBED AS FOLLOWS: Block 6, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more particularly described as follows: Beginning at a point which is the intersection of the Easterly right of way line of Garmisch Street and the Southerly right of way line of Dean Avenue, from whence the Northeast Corner of Section 13, Township 10 South, Range 85 West of the 6th Principal Meridian., bears N 53°20'28" East 814.56 feet more or less; thence along the Southerly right of way line of Dean Avenue S 75'09'11" E 330 feet, more or less to the Westerly right of way line of Aspen Street; thence along said right of way line of Aspen Street S 14°50'49" W 130 feet, more or less to the Northerly right of way line of Juan Street; thence along said right of way line of Juan Street N 75'09'11" W 330 feet, more or less to the Easterly right of way line of Garmisch Street; thence along said right of way line of Garmisch Street N 14°50'49" E 130 feet, more or less to the point of beginning. EXCEPTING therefrom: That parcel of land described in Book 232 at Page 362 in the records of the Clerk and Recorder of Pitkin County, Colorado. Said Parcel 1 is also described as follows: Beginning at a point which is the intersection of the Easterly right-of-way line of Garmisch Street and the Southerly right-of-way line of Dean Avenue, from whence the Northeast corner of Section 13, Township 10 South, Range 85 West of the Sixth Principal Meridian bears N 53°20'28" E 814.56 feet, more or less; thence along the Southerly right-of-way line of Dean Avenue S 75'09'11" E 330 fee, more or less, to the Westerly right-of-way line of Aspen Street; thence along said right-of-way line of Aspen Street S 14°50'49" W 130 feet, more or less to the Northerly right-of-way line of Juan Street; thence along said right-of-way line of Juan Street N 75'09'11" W 298.20 feet, to the Southeasterly corner of that parcel of land described in Book 232 at Page 362; thence N 40'21'11" W along the Northeasterly line of said parcel, a distance of 38.73 feet to the Northeasterly right-of-way line of Garmisch Street; thence along said right-of-way line of Garmisch Street N 14°50'49" E 107.90 feet, more or less, to the point of beginning. PARCEL 2 That portion of the Northeast one -quarter of the Northeast one -quarter (Lot 1) of Section 13, Township 10 South, Range 85 West of the 6th P.M., described as follows. - Beginning at the Northeast Corner of Lot 13, Block 11, Eames Addition; thence N 75'09'11" W 181.25 feet; thence S 14°50'49" W 78.00 feet; thence S 03°55'43" W 164.99 feet; thence S 75°09'11" E 150.00 feet; thence N 14'50'49" E 240.00 feet to the point of beginning. ALSO KNOWN AS Lots 13, 14, 15, 16, 17, 18, 19 and 20, Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, and a tract of land being part of Lot 1 of Section 13, Township 10 South, Range 85 West of the 6th P.M., described as follows: Beginning at the Northwesterly corner of Lot 13, Block 11, Eames Addition; thence S 14°50'49" W 240.00 feet along the Westerly line of said Block 11 to the Southwesterly corner of Lot 20, Block 11, Eames Addition; thence N 03°55'43" E 164.99 feet; thence N 14°50'49" E 78.00 feet; thence S 75'09'11" E 31.25 feet to the point of beginning. I_\►1 W Lots 7, 8, 9, 10, 11 and 12, Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more fully described as follows Beginning at the Northwesterly corner of said Lot 7; thence S 75'09'11" E 180.00 feet along the Northerly boundary line of said Block 11; thence S 14'50'49" W 100.00 feet along the Easterly boundary line of said Block 11; thence N 75*09'11" W 180.00 feet along the Southerly boundary line of said Lots 7-12 to the Southwesterly corner of said Lot 7; thence N 14°50'49" E 100.00 feet along the Westerly boundary line of said Lot 7 to the point of beginning. SAID PARCEL OF LAND ALSO BEING DESCRIBED AS FOLLOWS: Beginning at the Southwest corner of said Lot 7, a rebar and cap PLS # 29030, from which a rebar and cap PLS # 2547 bears N 55' E a distance of 0.7 feet; thence N 14°50'49" E along the westerly line of said Lot 7, a distance of 100.00 feet to the Northwest corner of said Lot 7, also being at the Southerly right-of-way of Juan Street in the City of Aspen, a rebar and cap PLS # 2547; thence S 75'09'11" E along the Northerly line of said Block 11, also being the Southerly right-of-way line of said Juan Street a distance of 180.00 feet to the Northeast corner of said Block 11, a rebar and cap PLS # 29030; thence S 14°50'49" W along the Easterly line of said Block 11, also being the Westerly right-of-way of Aspen Street in the City of Aspen a distance of 100.00 feet to the Southeast corner of said Lot 12, a rebar and cap PLS # 29030; thence N 75'09'11" W along the Southerly line of said Lots 7,8,9,10,11 and 12 a distance of 180.00 feet to the point of beginning. • 0 BMW The vacated alley situated in Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN. • March 16, 2006 Mr. James Lindt, Senior Planner Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Mr. Lindt: EXHIBIT d 9 Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our application to extend the vested rights period for the South Aspen Street Subdivision/PUD. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Yours truly, ASPEN LAND FUND, LLC a Colorado limited liability company c:Aoldc\bus\city.ltr\ltr45303. jl1 EXHIBIT D '.4 LAND USE APPLICATION APPLICANT: Name: Location: �ie..y�-i C• 777ZE (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) REPRESENTATIVE: Name: Address: Phone #: �. 5'' �9 s� PROJECT: Name: Address: r� Phone #: �J¢¢ '` C5 TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use [� Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment Yc�� 1 r*2* %%� ExiSTtNG CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) ZA PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Have you attached the following? FEES DUE: $�'d Pre -Application Conference Summary [91'A'ttachrnent #1, Signed Fee Agreement /eM ❑ sponse to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards I:E:XHIBIT CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development /Application Fees CITY OF ASPEN (hereinafter CITY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. A LICANT has submitted to IT an ap lication r (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a Bete ination of application completeness, APPLICANT shall pay an initial deposit in the amount of $/��O which is for a hours of Community Development staff time, and if actual recor edd costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will buildin per its be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: By: .� Chris Bendon Community Development Director Date: Billing Address Znd Te ephoneNumber: Required g:\support\forms\agrpavas.doc 11 /30/04 Jam and Smudge Free Printing www.avery. EXHIBIT Use Avery® TEMPLATE 51600 1-800-GO-A`� d D 124 E DURANT AVENUE LLC 710 S ASPEN LLC ALOHA MTN C/O WOGAN WENDY 314 S GALENA ST STE 200 C/O WORLD 533 W FRANCIS ASPEN, CO 81611 369 MONTEZUMA #214 ASPEN, CO 81611 SANTE FE, NM 87501 ALPINE BANK ASPEN ALYEMENI MOHAMMED & ALICE APRIL FAMILY TRUST 1/4 INT 600 E HOPKINS AVE 3109 OAKMONT DR 3501 S 154TH ST ASPEN, CO 81611 STATESVILLE, NC 28625 WICHITA, KS 67232-9426 ASPEN SKIING COMPANY LLC BARBEE MARY K LIV TRUST BENT FORK LLC PO BOX 1248 625 SKYLINE DR C/O FESUS GEORGE ASPEN, CO 81612 CODY, WY 82414 P O BOX 9197 ASPEN, CO 81612 BERHORST JERRY BIEL ALEXANDER L & LEE M BILLINGSLEY FAMILY LP BERHORST CAROLE 381 LOVELL AVE 1206 N WALTON BLVD 7161 LINDENMERE DR MILL VALLEY, CA 94941 BENTONVILLE, AR 72712 BLOOMFIELD HILLS, MI 48301 BLACKWELL CLARENCE A & ANNE H BOURGAULT MARY JANE BRENNAN JACQUELINE NANCY PO BOX 3180 555 E DURANT AVE #4J 31 TRAINORS LANDING ANNAPOLIS, MD 21403 ASPEN, CO 81611 ASPEN, CO 81611 BRIGHT GALEN BRITTON CARI BRUMDER PHILIP G & ASMUTH 205 E DURANT AVE #3D PO BOX 12131 ANTHONY ASPEN, CO 81611-3813 ASPEN, CO 81612 QUARLES & BRADY C/O 411 E WISCONSIN AVE STE 2500 MILWAUKEE, WI 53202 BUSH STEVEN S CABELL JOE CAIN DOUGLAS M 0046 HEATHER LN C/O CHARTHOUSE CAIN CONSTANCE MOFFIT TRUSTEES ASPEN, CO 81611 1765 ALA MOANA BLVD 1960 HUDSON ST HONOLULU, HI 96815 DENVER, CO 80220 CALKINS GEORGE W CASPER MARY LYNN CHAPLIN ARLENE & WAYNE 105 S CHEROKEE 124 E DURANT #4 212 E DURANT AVE #D DENVER, CO 80223-1834 ASPEN, CO 81611 ASPEN, CO 81611 CHIATE PROPERTIES LLC CHRISTENSEN CINDY CHU FAMILY TRUST 2/3 INT 20628 ROCKCROFT DR 109 JUAN ST LU NANCY CHAO TRUST 1/3 INT MALIBU, CA 90265-5342 ASPEN, CO 81611 38 CORMORANT CIR NEWPORT BEACH, CA 92660 CITY OF ASPEN COHEN ARTHUR S CROW MARGERY K & PETER D 130 S GALENA ST IBSEN 72 46103 HIGHWAY 6 & 24 ASPEN, CO 81611 MEXICO CITY MEXICO, 11560 GLENWOOD SPRINGS, CO 81601 p09L5 pA?J3/��/ A1113AH-0"08-L ®0915 3!�ege6 al zas!!r4D worAaane-NvvL n ap!dea a6eipas a ja 96emnoq!;ue uolssa;dwl Jam and Smudge Free Printing www.ave Use Avery® TEMPLATE 51600 1-800-GO-A* w Ate ®5160® CULPEPPER LAND & CATTLE COMPANY CYS RICHARD L AND KAREN L CZAJKOWSKI MICHAEL 300 PUPPY SMITH 203 PMB 302 5301 CHAMBERLIN AVE CZAJKOWSKI SANDRA J ASPEN, CO 81611 CHEVY CHASE, MD 20815 90 LA SALLE ST APT 16G NEW YORK, NY 10027 DAVIS CAROL L DOLINSEK JOHN DONCER JOYCE TRUST 9182 OLD KATY RD STE 215 619 S MONARCH ST 7641 W 123RD PL HOUSTON, TX 77055 ASPEN, CO 81611 PALOS HEIGHTS, IL 60463 DUNN STEVEN G EAST JAMES COLLIER TRUSTEE ELDER TRUST 107 JUAN ST 5800 R ST ELDER JERRY TRUSTEE ASPEN, CO 81611 LITTLE ROCK, AR 72207 PO BOX 308 LA JOLLA, CA 92038-0308 ELLIS JAMES BYRON ELLIS PAUL DAVID ETKIN DOUGLAS M & JUDITH G 17 1/2 FLEET ST 100 E DEAN ST #2F 29100 NORTHWESTERN HWY STE 200 MARINA DEL REY, CA 90292 ASPEN, CO 81611 SOUTHFIELD, MI 48034 EVANS DAVID COURTNEY FARINO CAROL FARR BRUCE K & GAIL H PO BOX 952 PO BOX 10421 PO BOX 5142 ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81612 FAULKNER JOHN L FELDMAN SELMA FLETCHER KAREN K & JAY R 2433 ROCKINGHAM ST 300 S POINTE DR APT 2403 PO BOX 3476 ARLINGTON, VA 22207 MIAMI BEACH, FL 33139-7329 ASPEN, CO 81612 FREIRICH MARK A FRIEDKIN THOMAS H GARMISCH LLC PO BOX 774056 PO BOX 4718 5720 EXECUTIVE DR STEAMBOAT SPRINGS, CO 80477 HOUSTON, TX 77210-4718 BALTIMORE, MD 21228 GILBERT DONALD C 2004 TRUST GILBERT LAUREL E GILLESPIE JOHN E REVOCABLE TRUST 67 TURTLE BACK RD S 1301 WAZEE ST #2E 775 GULFSHORE DR #4219 NEW CANAAN, CT 06840 DENVER, CO 80204-5812 DESTIN, FL 32541 GINSBURG ANNE C & ROBERT B GLICKMAN EDWIN C GOLDSMITH ADAM D 7933 YORKSHIRE CT 2322 LAZY O RD 673 JOHNSON DR BOCA RATON, FL 33496-1323 SNOWMASS, CO 81654 ASPEN, CO 81611 GRANT BROTHERS LLP GREINER JERRY M GROOS NICHOLAS D 436 COFFMAN STE 200 GREINER TERESA U 210 N INDUSTRIAL PARK RD PO BOX 908 330 BICKLEY RD HASTINGS, MI 49058 LONGMONT, CO 80502-0908 GLENSIDE, PA 19038 � A113AV-09-008-L ®09LS 1!.iege6 al zes!I!in ®09LS @Ajj3Ad v ri( woaane•MNM apldej a6etpas a;a a6ejjnogilue uolssaidwi Jam and Smudge Free Printing vvvvw.avery Use Avery® TEMPLATE 51600 • 1 1-800-GO-Ai f ❑ AVERY@ 51600 HANG TEN ADVENTURE HARVEY JEFFREY & NANCY HATCHER HUGH S 809 S ASPEN ST #2 711 S DEARBORN ST - #507 205 E DURANT AVE APT 2E ASPEN, CO 81611 CHICAGO, IL 60605 ASPEN, CO 81611 HEIM WILLIAM D HEIMANN GEORGE R. 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S AVERY® 51600 Use Avery® TEMPLATE 51600 is1-800-GO-A LEONARD-PECK SHEILA KATHRYN LEVIN BARTON J AND NANCY M LEVY HELEN JOAN TRUST RR 1 PO BOX 375-P 701 S MONARCH ST #6 421 WARWICK RD VINEYARD HAVEN, MA 02568 ASPEN, CO 81611 KENILWORTH, IL 60043-1145 LEVY HYMAN & GAIL LIBMAN KENNETH J LIFT ONE CONDOMINIUM ASSOC PO BOX 1365 65 CENTRAL PARK WEST #1 E 131 E DURANT AVE BOCA RATON, FL 33429-1365 NEW YORK, NY 10023 ASPEN, CO 81611 LOCHHEAD RAYMOND R & EMILIE M LUNDHOLM KERSTIN M MACDONALD KENNETH HUGH REV 200 SHERWOOD RD 115 JUAN ST TRUST PASO ROBLES, CA 93446 ASPEN, CO 81611 44 W HANNUM SAGINAW, MI 48602 MACHUCA EDGAR F MAGES LAWRENCE M &oMARY K 84% MCCALL CAROLYN E 11 TRAINORS LANDING MAGES ELIZABETH J 16 /0 100 E DEAN ST #1 E ASPEN, CO 81611 216 LINDEN AVE ASPEN, CO 81611 WILMETTE, IL 60091 MCCARTNEY BRENDA DAHL MCCONNELL THOMAS W & KAY L MCKENZIE BART 113 JUAN ST 3814 OAKHILLS 4840 30TH ST ASPEN. CO 81611 BLOOMFIELD HILLS, MI 48301 ARLINGTON, VA 22207-2716 MENDEL M MARK MITCHELL ELSA R MONIGLE ETHEL M MENDEL GRACE A - JT TENANTS PO BOX 2492 3200 OHIO WAY 1620 LOCUST ST ASPEN, CO 81612 DENVER, CO 80209 PHILADELPHIA, PA 19103 MOORE JOHN W 50% MORGAN MICHAEL L MULKEY DAVID A DR 10426 WHITEBRIDGE LN 115 JUAN ST TRUSTEE ST LOUIS, MO 63141 ASPEN, CO 81611 2860 AUGUSTA DR LAS VEGAS, NV 89109 MURRAY DENIS NITSCHKE RUPRECHT TRUST 50% NOBLE GUY T PO BOX 3770 7107 FRANKLIN ST PO BOX 9344 ASPEN, CO 81612 MIDDLETON, WI 53562 ASPEN, CO 81612 NOREN LARA L & STEPHEN C OLSON PAUL & DIANE CANEPA ONEAL PROPERTIES LLC 10927 BRIGANTINE DR PO BOX 128 8100 E CAMELBACK RD #31 INDIANAPOLIS, IN 46256-9544 BRECKENRIDGE, CO 80424 SCOTTSDALE, AZ 85251-2773 ONEILL ROGER PASCO PROP LLC PINES LODGE DEVELOPMENT LLC PO BOX 711 SMITH PATRICK A 2353 IRVINE AVE LAKE GENEVA, WI 53147-3579 P O BOX 850 NEWPORT BEACH, CA 92660 ASPEN, CO 81612 OA213/��I/ �j A2l3AV-OD-008-L 00%S luege6 ai zasluin 09L5 a ��/'/ wo:)iGane-Nvvm apldej a6e4:)as a;a a6eunogl;ue uolssaudwi Jam and Smudge Free Printing www.avery Use Avery® TEMPLATE 51600 1-800-GO-A f AVERY0 5160 PINNIGER SIMON S & SIMON RINGSBY GRAY ROARING FORK MOUNTAIN LODGE PO BOX 10420 PO BOX 1292 ASPEN LLC ASPEN, CO 81612 HAIKU, HI 96708 TWO CREEKS BLDG 0021 BURNT MTN CIR SNOWMASS VILLAGE, CO 81615 ROARING FORK PROPERTIES ROBERT FAMILY TRUST 1/4 INT ROBLES ENRIQUE ALVAREZ C/O HOWARD A WILL JR 771 FERST DR ALVAREZ CRISTINA 5055 26TH AVE ATLANTA, GA 30332-0245 MONTES URALES 350 ROCKFORD, IL 61109 LOMAS CHAPULTEPEC MEXICO DF MEXICO, 11000 ROSE JON E RUDERMAN ERIC P & MIMI E RYAN ELIZABETH H 1/2 INT ROSE RITA L 1536 OGDEN ST COPE G RICHARD & NANCY M 1/2 INT 303 MAGNOLIA LAKE DR DENVER, CO 80218-1406 419 WINNEBAGO DR LONGWOOD, FL 32779 JANESVILLE, WI 53545 S C JOHNSON AND SON INC SALITERMAN LARRY & NANCY SCHAINUCK LEWIS I & MICHELLE T TAX DEPT 412 603 S GRAMISH 2900 OCEAN BLVD 1525 HOWE ST ASPEN, CO 81611 CORONA DE MAR, CA 92625 RACINE, WI 53403 SCHAYER CHARLES M III SCHERER ROBERT P III SCHROEDER C M JR 588 S PONTIAC WAY 217 GOLDENROD AVE SCHROEDER BETTY ANN DENVER, CO 80224 CORONA DEL MAR, CA 92625 3629 ROCKBRIDGE RD COLUMBIA, SC 29206 SEMRAU TIMOTHY & HEIDI ROBBIN SETZLER ALEX SEVERY REV TRUST 70.39% 58 TRAINORS LANDING RD 33901 MARIANNA DR #11 30 DEXTER ST ASPEN, CO 81611 DANA POINT, CA 92629 DENVER, CO 80220 SHADOW MOUNTAIN AERIE SHEFFER BARBARA & DOUGLAS SHENK ROBERT D PARTNERSHIP LLP PO BOX 250 290 HWY 133 C/O ARTHUR J & PAMELA T ASPEN, CO 81612 CARBONDALE, CO 81623-1530 WASHINGTON 21 BRIARCLIFF RD LARCHMONT, NY 10538 SHINE FAMILY LLC SILVERMAN MARC A & MARILYN L SIMON HERBERT REV TRUST 8677 LOGO 7 CT 937 DALE RD 8765 PINE RIDGE DR INDIANAPOLIS, IN 46219-1430 MEADOWBROOK, PA 19046 INDIANAPOLIS, IN 46260-1778 SKIERS CHALET LLC SLOAN USAN SM-15 C/O R J OCALLAHAN VE 500 S ORANGE AVE SEELBACH W ILLIA - C/O 125 E 7TH ST #100 SARASOTA, FL 34236 45000 S WOODLAND PUEBLO, CO 81003 CHAGRIN FALLS, OH 44022 SMITH RONA K SOLONDZ TAMI S SOUTH POINT CONDOMINIUM 1742 HILLSIDE RD PO BOX 2829 ASSOCIATION STEVENSON, MD 21153 ASPEN, CO 81612 205 E DURANT AVE #2F ASPEN, CO 81611 ® A)33"-09-008-I. @091S I!jege6 aI zas!I!in 091S OA213At1 1`Y%J a woriGn ane-NkA apidea a6ewas a is a6eiinomwe uoissai'dw Jam and Smudge Free Printing www.averyy Use AveryO TEMPLATE 51600 1-800-GC SOUTHPOINT-SUMNER CORP SPAULDING RICHARD W 4828 FORT SUMNER DR THOMPSON ELEANOR M BETHESDA, MD 20816 PO BOX 278 CONCORD, MA 01742-0278 STARK RENEE A STEINER DONALD R 432 W HOPKINS AVE BUCKHEAD GRAND ASPEN, CO 81611 3338 PEACHTREE RD #3307 ATLANTA, GA 30326 STRAWBRIDGE GEORGE JR STUART FAMILY TRUST 1/4 INT 3801 KENNETT PKE BLDG #B-100 1 CASTLEWOOD CT WILMINGTON, DE 19807 NASHVILLE, TN 372154617 TAYLOR HARVEY C TELEMARK APARTMENT 2 LLC W 301 N 9430 HWY E 3910 S HILLCREST DR HARTLAND, WI 53029 DENVER, CO 80237 THREE REEDS LLC TOWNE PLACE OF ASPEN CONDO 2224 VIA SEVILLE RD NW ASSOC INC ALBUQUERQUE, NM 87104-3096 C/O ASPEN LODGING COMPANY 747 S GALENA ST ASPEN, CO 81611 TUCKER RC DR TYDEN FAMILY FARMS PTNP COLOROW - ATTN: 1730 IROQUOIS TR 6420 STAUDER CIR HASTINGS, MI 49058 EDINA, MN 55436 VANDER WALL DEAN ROBERT & VANTONGEREN HAROLD V & LIDIA M BEVERLY J 2000 E 12TH AVE BOX 8 PO BOX 189 DENVER, CO 80206 LONE PINE, CA 93545 WANK SARAH TRUST WHITE JALEH C/O WANK JORDAN THICKMAN DAVID 14431 VENTURA BLVD #162 152 E DURANT AVE SHERMAN OAKS, CA 91423 ASPEN, CO 81611-1737 WOLF FAMILY TRUST 12/23/1986 WOLTIN ROBERT 1221 MYRTLE AVE 2701 AQUA VISTA BLVD SAN DIEGO, CA 92103 FORT LAUDERDALE, FL 33301 WOODSON TATJANA D P O BOX 125 TETON VILLAGE, WY 83025 ®091s ®AIJ3Ad I J WOW LIFT ONE LLC C/O WARSTLER ROBERT T 10 WINDJAMMER LN MT ARLINGTON, NJ 07856 A1113AV-09-008-1 uaortiane•NV" AAVERY0 51600 STANTON JAMES C/O WORLD-WIDE HOLDINGS CORP 150 E 58TH ST NEW YORK, NY 10155 STEWART SCOTT 4710 PLAINFIELD CT MIDDLETON, WI 53562 TAROCH HOLDINGS LTD C/O PATRICK D MCALLISTER PC 210 E HYMAN AVE #202 ASPEN, CO 81611-2909 TELEMARK ASPEN LLC 55 SECOND ST COLORADO. SPRINGS, CO 80906 TRAINORS LANDING CONDO ASSOC COMMON AREA EXEMPT UHLFELDER FAMILY INVESTMENTS RLLP 210 AABC STE AA ASPEN, CO 81611 WALDRON GAILYN L TRUSTEE PO BOX 7964 ASPEN, CO 81612 WILLETTE NANCY 100 E DEAN ST #2D ASPEN, CO 81611 WOODING MERRITT B PO BOX 339 HOPE, NJ 07844 WRIGHT LISA PO BOX 3770 ASPEN, CO 81612 ®091s;!jege6 al zes!!!;n apidea a6ewas a is a6einoonue uoissaidwi Jam and Smudge Free Printing www.ave Use Avery® TEMPLATE 51600 • 1-800-GO-AW N AVE O 51600 WUGALTER JOEL ZALE MILTON TRUSTEE 3200 NORTH OCEAN BLVD #909 3824 N ASHLAND AVE FT LAUDERDALE, FL 33308 CHICAGO, IL 60613 �o9�s ®J1213/��l Aa3Av-OD-008-L @0915 i!jege6 al zas!ian wog itaane-N MW ap!dej a6e4:)as a ;a a6eajnoq!;ue uolssaidwl EXHIBIT ID • D 7 .� I ORDINANCE NO.32 (SERIES OF 2003) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE SOUTH ASPEN STREET SUBDIVISION/PUD AND FINAL PLANNED UNIT DEVELOPMENT PLAN INCLUDING SUBDIVISION, GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS FOR AFFORDABLE IIOUSING AND RECONSTRUCTION OF A DEMOLISI-IED MULTI -FAMILY BUILDING, REZONING TO 1,/1111 WITH A PUD OVERLAY, AND A SPECIAL REVIEW TO ESTABLISIVIIIE, AFFORDABLE IIOUSING PARKING REQUIRE-1VIENTS FOR TIIE I'll OPE' RTV TO BE DESCRIBED AS PARCELS I, 2, AND 3, OFTIIE SOUTH ASPEN STREET SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-131-13-001 (Parcel 1) Parcel No. 2735-131-14-003 (Parcel 2) Parcel No. 2735-131-23-001 (Parcel 3) WHEREAS, the Community Development Department received an application from Aspen Land Fund H, LLC, owner, represented by Vann Associates, LLC, requesting approval of a Final Planned Unit Development Plan including requests for Subdivision, Growth Management Quota System (GMQS) Exemptions for Affordable Housing and reconstruction of a demolished multi -family building, Rezoning to LITR, and Special Review to establish the off-street parking requirements for the property described as, Parcel 1: Block 6 of the Eames Addition to the City and Townsite of Aspen, Parcel 2: Lots 7-12, Block 11, Eames Addition to the City and Townsite of Aspen, Parcel 3: Lots 13-20, Block 11, Eames Addition to the City and Townsite of Aspen; and, WHEREAS, the development property consists of three (3) parcels zoned L/TR and R-15 with a Lodge and PUD Overlay; and, WHEREAS, pursuant to Land Use Code Section 26.310, Map and Text Amendments; Section 26.445, Planned Unit Development; Section 26.470, Growth Management Quota System; Section 26.480, Subdivision; the City Council may approve, approve with conditions, or deny the land use requests made by the Applicant during a duly noticed public hearing after taking and considering comments from the general public, and recommendations from the Planning. and Zoning Commission, Community Development Director, and relevant referral agencies; and, WHEREAS, the Community Development Director has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein and recommended approval with conditions; and, f 4116407 Page, 1 of 13 08/01/2003 11 19P SiLVIA DAVIS PITKIN COUNTY C0 R 51.00 ri 0.00 WHEREAS, during a duly noticed public hearing on June 3, 2003, the Planning and Zoning Commission approved Resolution No. 14, Series of 2003 by a three to zero (3-0) vote, recommending that City Council approve the proposal with conditions; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewcd and considered the recommendation of the Planning and Zoning Commission, the Commwnily Development I)ircclor, the Aspen/Pitkin County Ilniisinb Aulltority, Ilse applicahlc rcl'urral agcilcictfi, and has lakcn and co nsiticrcil piihlic conutwnl at a public hearing; and, WHEREAS, Ilse City Council finds that lhu development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby rezones Parcel 2, and a portion of Parcel 3, of the South Aspen Street Subdivision/PUD, City and Townsite of Aspen, to L/TR (Lodge/Tourist Residential) and rezoned Parcels 1, 2, and 3 of the South Aspen Street Subdivision/PUD with a Planned Unit Development (PUD) overlay. Section 2 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves the South Aspen Street Final PUD Plan, which includes application for Final PUD, Subdivision, Growth Management Quota System Exemptions (GMQS) for Affordable Housing and for the reconstruction of the multi -family building to be demolished (Mine Dump Apartments), and for Special Review to establish the off- street parking requirements for the development of fourteen (14) free market town homes and seventeen (17) affordable housing units subject to the following conditions: A Subdivision/PUD Agreement shall be recorded at the Pitkin County Clerk and Recorder's Office within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Land Use Code Section 26.445.070(C). I1 II' i I 486407 t I Page: 2 of 10 .00 SiO4�0 0.00i::49A SILVII? DBMS PITKIN --OUNTY CO R • • 2. A Final PUD Plan and Subdivision Plat shall be recorded at the Pitkin County Clerk and Recorder's Office within 180 days of the final approval granted by City Council and shall include: a. A final plat meeting the requirements of the Community Development. Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical imprJwemCnls, and Ilse location of iilility pedestals. h. An illuslralive site; Ilan ofllie pro.iccl showing I.hc proposed improvcmenls, landscaping (including all plantings, species, numbers, and locations), parking, and the dimensional requirements as approved. C. A drawing representing the project's architectural character. d. revised drainage plan and re rt, including an erosion control plan, shall be a Colorado licensed Civil Engineer, in w c ry wells will only be allowed to handle runoff from foundation drains, parking garage ramps, and roof drains. All other runoff shall be directed towards the City's storm water system. C. revised infrastructure plan indicating that all road mprovemen=osunp=r-elevated ned. The plan shall also indicate that there s a e curves permitted. Juan Street and South Garmisch Street (to the extent of Parcel 1's street frontage) shall be widened to 27 feet as measured from the outer edges of the curbs. The minimum slope of Juan Street shall be .75%. 3. The following dimensional requirements of the PUD are approved and shall be printed on the Final Illustrative Plan: Dimensional Requirement Proposed Development ' Minimum Lot Size 6,000 sf Lot Area Per Dwelling Unit 1,100 sf per bedroom- (81 bedrooms on 89,127 sf of lot area that applies to density calculations) Minimum Lot Width 60 feet Front Yard Setback 10 ft. per parcel Side Yard Setback 5 ft. per parcel Rear Yard Setback 10 ft. per parcel Maximum Height 28 feet except where deed restricted Percent of Open Space 27% (cumulative over all 3parcels) 486407 Page: 3 of i0.�9A SILVIA DAVIS PITKIN COUNTY CO R 51 An R A 091 Allowable External .83:1 (73,381 sf. cumulative over all three FARparcels) AH Off -Street Parking 30 Parking Spaces (2 spaces for each dwelling unit of 2 or more bedrooms, and 1 space for each one bedroom and studio unif)(cumulative over all three parcels) Free Market Off -Street. 28 Narking Spaces (2 spaces for each dwelling I' ul;ing unit of 2 or more bedr001Il8, :uul I Space Iilr each one hedroom artd Studio unit)(cumulative - overall three harc4i — --- 4. 'fhc building pen -nit application shall include the; following: a. A copy of the final recorded Ordinance. b. The conditions of approval printed on the cover page of the building permit set. C. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off - site replacement or mitigation of any removed trees. e. A detailed ventilation plan of the parking garage ventilation system prepared by an engineer that specializes in the design of ventilation and heating systems. f. A fugitive dust control plan which includes proposed construction fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads, construction speed limits, and other measures necessary to prevent windblown dust from crossing the property line. g A letter from the primary contractor to the Community Development Director stating that the conditions of approval have been read and are understood. h. All tap fees, impacts fees, and building permit fees shall be paid prior to building pen -nit issuance. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. i. A State of Colorado Storm Water Management (Erosion Control) Permit because the land area of the development is over an acre. j. A PM-10 mitigation plan for review and approval by the Environmental Health Department or a cash -in -lieu payment in the amount to be calculated by the City Environmental Health ,! I 486407 - ' t.lage: 4 of 10 ^ II I SiLVIq DAVIS ?iTKii: :OUNTY CC I 00 8. 04�200000I j -7L1 Director that is to be used entirely to implement PM-10 reduction methods. The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. on Monday tliru Saturday. h. The Applicant shall agree that there will he no construction material or dumpsters store(! on the public rigltls-0I'-wily L1hlc:s a temporary cncroacluncnt license is granted by the City Engineer. In addition, the Applicant shall submit a Bill set ol"construchotl ilia nagenwnt plans as earl of' tile building permit application, and the management plans shall include a noise, dust control, and construction traffic and construction parking management plan which addresses, at a minimum, the following issues: a. Defining the construction debris hauling routes and associated impacts on local streets; and, b. Construction parking mitigation, except for essential trade trucks, no other personal trucks are to be parked in the area around the site. The city encourages that site workers be shuttled in from the airport parking area. 7. The Applicant shall complete (prior to any of the remodel work, including removal of drywall, carpet, tile, etc.,) the Building Department's asbestos checklist, and if necessary, a person licensed by the State to do asbestos inspections must conduct an inspection. The Building Department cannot sign any building permits until they get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it in accordance with the applicable regulations. 8. The Applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 9. The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. The Applicant shall enter into a Water Service agreement. 10. The Applicants shall at their sole expense install a new eight (8) inch water line within South Garmisch Street and Juan Street. In addition, the Applicant shall abandon the existing six (6) inch water line that exists in South Garmisch and Juan Street. The point of beginning for the main replacement on South Garmisch Street shall be the existing valve complex (serving the Barbee PUD) north of the intersection of Dean and Garmisch. 'III'�IIl��ll'I�lll�ilnlll��ll!II'�1PI�II'I7NPage: 5 of 10 This is approximately 80 feet further north of the point of beginning shown on the schematic utility plan dated June 21, 2002. I l . The Applicant shall also schedule the abandonment of the existing water taps prior to applying for new water taps. 12. The Applicant shall comply with the Aspen Consolidated Sanitation District's roles and regtdations. If new sewer lines are required, then the existing service nn►st he excavated and disconnected at the main sewer line. No clear water connections (roof, !'oundation, peri►neler drains) shall he allowed to drain to ACSD lines. All improvements below grade shall require the use ofa pumping station. The Applicant shall install an oil and sand separator in the parking garage that meets the Aspen Sanitation District's standards. In addition, the Applicant shall enter into a shared service agreement if more than one unit is served by a single service line. 13. Elevator shaft drains shall flow thru an oil and sand interceptor. 14. The Applicant shall fund proportionate costs associated with the development for the replacement of the main sanitary sewer lines located in S. Aspen Street, Dean Street, and near the Post Office. 15. The Applicant shall enter into a main line extension and collection system agreement with the Aspen Consolidated Sanitation District prior to applying for building permits for the development. 16. In the event that snowmelt is installed, the Glycol containment areas must be approved by the Aspen Consolidated Sanitation District prior to issuance of a Certificate of Occupancy on any of the units within the development. 17. The Applicant shall at their sole expense replace the existing substandard sewer line located in the alley of Block 61 between S. Garmisch and First Street in First Street. i 8. The Applicant shall extend the existing storm water sewers south on both S. Aspen Street and S. Garmisch Street as far as Dean Avenue. Additionally, the Applicant shall extend the existing stone sewers to the Dean Avenue/ S. Aspen Street intersection and to the Dean Avenue/ S. Garmisch Street intersection. As required by the City Engineering Department, catch basins shall be installed at these intersections. 19. All landscaping in the public tight -of -way shall meet the requirements as set forth in Municipal Code Chapter 21.20, Trees and Landscaping on Public Right -of -Way. Any landscaping in the public right-of-way shall be approved by the City Parks Department prior to installation. The 1�1 III.111111i �11111 ll l�l 11I11 jjjj� II jj��j 1'�, ,'jj� F R �� :a 9 i Y AR /Old /90101.,A • d9A Applicant shall also obtain a revocable encroachment license from the City Engineering Department prior to installation of any landscaping or improvements in the public right-of-way. All plantings along the edge of the subject properties or within the public right-of-way shall be of a size and a species that will not require major maintenance (pruning, trimming due to over growth) by the City or the developer. 20. All exterior lighting shall meet the City of Aspen Lighting Cole requirements yet lorth in Land I)yc Gale Section 2().575.150, as n+ay he amended Iron time to time. 21. The Applicant shall pay a proportional amount of the applicable school land dedication Fees as determined by the City of Aspen Zoning Officer prior to building permit issuance on each of the units. 22. All affordable housing units to be constructed on Parcel 3 of the PUD shall obtain certificate of occupancies prior to the issuance of a certificate of occupancy on any of the free market units within the development. In addition, the free market units on Parcel 2 shall not be issued Certificates of Occupancy until all of the affordable housing units on Parcel 2 have -eceived Certificates of Occupancy. The free market units on Parcel 1 shall also not be issued Certificates of Occupancy until the affordable housing units on Parcel I have received Certificates of Occupancy. 23. The Applicant shall convey an undivided fractional interest (one -tenth of one percent) in the ownership of the deed restricted employee housing units to the Aspen/Pitkin County Housing Authority for the purpose of complying with the Colorado Supreme Court Decision regarding rent control legislation. The deed of conveyance shall contain such terms and conditions that are mutually acceptable to the City and the Applicant. To satisfy the rent control issue, the Applicant may submit an alternative option acceptable to the City Attorney. 24. The Applicant shall indemnify and hold harmless the Aspen/Pitkin County Housing Authority and the City of Aspen from any claims, liability, fees or similar charges related to ownership in the deed restricted affordable housing units. 25. The mix of affordable housing categories shall be as follows: 2-1 Bedroom Category 1 Units 2-1 Bedroom Category 2 Units 2-3 Bedroom Category I Units 7-3 Bedroom Category 2 Units 4-3 Bedroom Category 3 Units 486407 7 0: 10 I 08i0i/?003 Sg:49P I II t .00 „nnNTY CO R 51 26. The deed restrictions on the affordable housing units on a given parcel shall be filed in conjunction with an application to condominiumize the free market units but prior to issuance of a Certificate of Occupancy on any of the units on said parcel.-. The deed restrictions shall meet the following: a. "fhe deed restrictions on the affordable housing units shall be defined by the rental price terms in the Aspen/Pitkin County AfTordable I lousing G►.iidelinc4 in affect at the time of'l7inal IIIJ[) approval. 27. The Applicant shall record a housing replacement agreement which sets forth the terms and conditions by which the replacement housing will be provided prior to demolishing the Mine Dump Apartments. 28. The most recent tenants of the Mine Dump Apartments who meet the Affordable Housing Guidelines for the proposed units shall be granted first priority through an internal lottery at the time of the initial rental of the replacement affordable housing units. 29. The Applicant shall erect signage and install pavement marking on 7uan Street that prohibits on -street parking. 30. The Applicant or their successors or assigns shall maintain the common driveway between Parcels 2 and 3. 31. The Applicant shall install an adequate fire alarm system throughout the development as determined by the Fire Marshal. The Applicant shall also install fire sprinkler systems and fire extinguishers that meet the requirements of the Fire Marshal. The Applicant shall meet with the Fire Marshal prior to building permit issuance to review alarms and sprinkler system plans. 32. Soil nails shall not be allowed within or under the public right-of-way. 33. The Applicant shall submit financial assurance in an amount and form acceptable to the City Engineer for excavation in the public right-of-way. 34. The Applicant shall provide a form of mitigation approved by the City Engineer for increased vehicular traffic on South Aspen Street, causing a revocation of the road's 15-year pavement warranty that results from accelerated road deterioration. The Applicant shall be proportionately reimbursed by future developments that cause a substantial increase in vehicle trips on the portion of South Aspen Street that is subject to the 15- year pavement warranty. Jill413640 0&/�4/2003 1©:49A SILVIF DAVIS PITXIN COUNT" CO R 51.00 D 0.00 35. The Applicant shall provide a twenty-five (25) foot wide improved public access way with drive -on, slanted -face curbs and a stabilized shoulder on Dean Avenue for vehicular access into Parcel 1's affordable housing units. 36. The City Engineering Department recommends that the Applicants obtain flood insurance for the proposed units if available. 37. The Applicant shall install tree saving construction fences around the drip line ofany trees to be saved. a. The City Forester or his/her designee must inspect this fence belbre any construction activities commence. b. No excavation, storage of materials, storage of construction equipment, construction backfill, foot or vehicular traffic shall be allowed within the fenced drip line. 38. A native vegetation protection fence shall be installed on the western property boundary of Parcels 1 and 2 between Parcels 1 and 2 and the Barbee Family Subdivision Property. The fence shall be installed and inspected by a City of Aspen Parks Department Representative prior to construction. There shall be no storage of construction materials, back fill, tools, or construction traffic beyond this protective fence. There also shall be no excavation or disturbance of the native area beyond this protective fence. 39. The Applicant or their successors or assigns shall maintain the Open Space on the site including the Park proposed on Parcel 1. 40. Pet waste stations shall be installed in the Park. Section 3: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A public hearing on the ordL;ance shall be held on the 28th day of July, 2003, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. i ,li �� iIII I IIII 486407 a page: 9 of 20 y - '� as,0a,��eea •a� ci, VIA DPVIS PIT.", COUNTY CO C] 0 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 23rd day of June, 2003. 11c en Kau I c e ayor Attest: Kathryn S. K h, City Clerk FINALLY, adopted, passed and approved by a vote of three to zero (3-0), this 28th day of July 2003. Attest: Kathryn S. h, City Clerk :approved as to form: :/� 5~,„ John P. Wor6ester, City Attorney Helen Wn eru , ayor jj� �ji 486407 10 08/04/2003f11:49A SILV:A DAVIS PITKIN COUNTY CO R 51.00 D 0.00 . EXHIBIT • NOTICE OF DECISION TO: Aspen Land Fund Il, LLC C/o Vann Associates FROM: Julie Ann Woods, City of Aspen Community Development Director James Lindt, Planner 11:T� RE: Extension for Recordation of PUD Documents Request- South Aspen Street PUD DATE: October 23, 2003 SUMMARY Aspen Land Fund H, LLC requests a one year (365-day) extension in order to record the necessary PUD Plans and PUD / Subdivision Agreements with the Pitkin County Clerk and Recorder's office for the South Aspen Street PUD project. BACKGROUND The South Aspen Street PUD received final PUD approval from the Aspen City Council on July 28, 2003, which is memorialized in Ordinance No. 32, Series of 2003 (attached as Exhibit "A"). The Applicant has yet to record their PUD agreement or plat and their deadline to do so expires on January 24, 2004. Therefore, the Applicant has requested an extension of one year from the date of which the recordation period would expire without an extension. According to Section 26.445.070(A) of the Land Use Code, the Community Development Director has the authority to extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing for such an extension. STAFF FINDINGS Staif believes at the request to extend e recordation dead nee is wrt�unthe vesting period, which ends on July 28, 2006 (three (3) years after final approval). Staff also feels that allowing for the requested extension is within the best interest of the community in that it will allow for the Applicant to complete the review of their hotel/timeshare request that has already been submitted. Staff feels that it is in the community's best interest to allow for the Applicant to finish the review of the hotel/timeshare project that they submitted in that it could possibly further the Aspen Area Community Plan goals relating to preserving the short-term lodging inventory. in Aspen. Therefore, staff finds that the request has been submitted within the vesting timeline and that there is a community interest for providing an extension. COMMUNITY DEVELOPMENT DIRECTOR APPROVAL I hereby extend the recordation deadline for the South Aspen Street PUD project for one year (365 days) to expire on January 24, 2005 finding that the request has been made 0- 0 within the vestingtimelineand there is a community interest for providing extension. g su—cE an Juli'eAnn Woods, Community Development Director ATTACHMENTS: Exhibit A — Ordinance No. 32, Series of 2003 Exhibit B — Letter of Request Date 2 8 2003 C101-Mv, T MEMORANDUM TO: Chris Bendon, City of Aspen Community Development Director FROM: Chris Lee, Planner CJ L RE: Extension for Recordation of PUD Documents Request- South Aspen Street PUD DATE: December 13, 2004 SUMMARY Aspen Land Fund II, LLC requests a one year (365-day) recordation extension for the South Aspen Street PUD project in order to record the necessary PUD Plans and PUD / Subdivision Agreements with the Pitkin County Clerk and Recorder's office. BACKGROUND . The South Aspen Street PUD received final PUD approval from the Aspen City Council on July 28, 2003, which is memorialized in Ordinance No. 32, Series of 2003. The Applicant was not ready to record its PUD agreement or plat by the time the original deadline was to expire on January 24, 2004. Consequently, the Applicant requested, and was granted, an extension of one year from the date of which the recordation period would expire. That insubstantial amendment was granted by Julie Ann Woods to extend the deadline to January 24, 2005 in accordance with Section 26.445.070(A) of the Land Use Code, which states that the Community Development Director has the authority to extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing such an extension. Given that the deadline of that extension is quickly approaching, the Applicant has approached the Community Development Department once again to apply for another extension. The Applicant seeks a further extension because it is in the process of submitting a revised conceptual PUD application that would be the preferred development option for the Applicant. The review process for that revised conceptual PUD could not possibly be completed before the current deadline expires and therefore requests that it be extended once again for one year (365 days) until January 24, 2006. STAFF FINDINGS Staff finds that the request to extend the recordation deadline is within the vesting period, which ends on July 28, 2006 (three (3) years after final approval). Staff feels that allowing for the requested extension is within the best interest of the community in that it will allow the Applicant time to complete the review process of a revised conceptual PUD application. Staff feels that it is in the community's best interest to allow for the Applicant to finish preparing the revised conceptual PUD and pass through review of the hotel/tourist accommodation project that they will propose in that it could possibly further the Aspen Area Community Plan goals relating to preserving the short-term lodging. inventory in Aspen. Therefore, staff finds that the request has been submitted within the vesting timeline and that there is a community interest for providing an extension. COMMUNITY DEVELOPMENT DIRECTOR APPROVAL I hereby extend the recordation deadline for the South Aspen Street PUD project for one year (365 days) to expire on January 24, 2006 finding that the request has been made within the vesting timeline and there is a community interest for providing such an extens on. Chris Bendon, Community Development Director ATTACHMENTS: Exhibit A — Ordinance No. 32, Series of 2003 Exhibit B — Notice of Decision for first Extension Exhibit C — Letter of Request Date APPROVED DEC 13 2004 l'liYDEVELQPUEN ;1lh, GYTY 4FASPEH • • VANN ASSOCIATES, LLC Planning Consultants November 17, 2005 HAND DELIVERED Mr. Chris Bendon, Director Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: South Aspen Street Subdivision/PUD, Request for Extension of Recordation Deadline Dear Chris: Please consider this letter a formal request to extend the recordation deadline for the final subdivision/PUD documents for the South Aspen Street Subdivision/PUD, a free market residential/affordable housing project. The request is submitted pursuant to Sections 26.480.080.E. and 26.445.070.A. of the City's Land Use Regulations by Aspen Land Fund II, LLC, the owner of the South Aspen Street property. These two sections permit the Community Development Director to extend the recordation deadline if the request is within the vesting timeline and there is a community interest for approving the extension. The final subdivision/PUD documents for the South Aspen Street Subdivision/PUD were to have been recorded within one hundred and eighty (180) days of the receipt of final City Council approval. Final PUD approval was granted by the City Council on July 28, 2003 pursuant to Ordinance No. 32, Series of 2003. Consequently, the project's final plat, PUB development plan, and subdivision/PUD agreement were to have been recorded no later than January 24, 2004. This deadline, however, was extended by Julie Ann Woods at the applicant's request until January 24, 2005 (see attached Notice of Decision). An additional one year extension, which was granted by you on December 12, 2004, extended the recordation deadline until January 24, 2006 (see attached memorandum). As you know, Aspen Land Fund's application for conceptual PUD approval for a mixed use hotel/fractional ownership project on the South Aspen Street property is presently under review by the City Council. Further revisions to the project to address various Council concerns are currently being studied by the applicant and will 230 East Hopkins Ave. • Aspen, Colorado 81611 • 970/925-6958 • Fax 970/920-9310 Mr. Chris Bendon November 17, 2005 Page 2 be presented at the Council's November 28 meeting. Should the Council fail to grant conceptual approval, it will be necessary for Aspen Land Fund to finalize, and the City to review and record, the PUD documents for the residential project. While we expect to submit the documents to the City in as timely a manner as possible, the coming holiday season and the availability of our consultants will make it difficult to meet the January 24 deadline. Accordingly, Aspen Land Fund respectfully requests that the deadline be extended for an additional sixty (60) days. The revised recordation deadline, therefore, would be March 25, 2006. The previously approved residential project is vested until July 28, 2006, and no apparent community benefit would appear to result by requiring that the documents be recorded by January 24. In the event the City Council approves the conceptual PUD application, we will apply for a further extension of the recordation deadline so as to allow sufficient time to prepare, review and approve the final PUD application for the hotel project.. An extension of the existing vested rights period will also most likely be required. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, VANN ASSOCIA ann, AICP SV:cwv Attachments LLC rev' DA cc: John Sarpa, Aspen Land Fund II, LLC Arthur C. Daily, Esq. c: \oldc\bus\ciry.ltr\ltr45303. cb3 IN. ►o APPROVED j S 2005 �,t,j►�p�;;tut i ; � _ -=Jr iIFJ�T DIt1t.'� I lht GiTY C ASPEN • 0 VANN ASSOCIATES, LLC Planning Consultants March 6, 2006 HAND DELIVERED Mr. Chris Bendon, Director Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: South Aspen Street Subdivision/PUD, Request for Extension of Recordation Deadline and Vested Rights Dear Chris: Please consider this letter a request to extend the recordation deadline for the final subdivision/PUD documents for the South Aspen Street Subdivision/PUD, a free market residential/affordable housing project, and to extend its vested rights. The request is submitted pursuant to Sections 26.480.080.E., 26.445.070.A and 26.308.- 010.C. of the Aspen Land Use Regulations by Aspen Land Fund II, LLC, the owner of the property. The first two sections permit the Community Development Director to extend the recordation deadline if the request is within the vesting timeline and there is a community interest for approving the extension. The remaining code section permits the City Council to extend the expiration date of a prior land use approval's vested rights. A public hearing, however, is required to extend a project's vested rights.. The final subdivision/PUD documents for the South Aspen Street Subdivision/PUD were to have been recorded within one hundred and eighty (180) days of the receipt of final City Council approval. Final PUD approval was granted by the City Council on July 28, 2003 pursuant to Ordinance No. 32, Series of 2003. While the approval is vested until July 28, 2006, the project's final plat, PUD development plan, and subdivision/PUD agreement were to have been recorded no later than January 24, 2004. This deadline, however, was extended by your predecessor, Julie Ann Woods, at the applicant's request until January 24, 2005. An additional one year extension, which was granted by you on December 12, 2004, extended the recordation deadline until January 24, 2006. A third extension was granted by you on November 19, 2005, which extended the deadline until March 25, 2006. Copies of the various extensions are attached hereto for your reference. 230 East Hopkins Ave. • Aspen, Colorado 81611 • 970/925-6958 • Fax 970/920-9310 Mr. Chris Bendon, Director March 6, 2006 Page 2 All of the recordation deadline extensions were granted to accommodate the City's ongoing review of an alternative project for the property. As you know, Aspen Land Fund's application for conceptual PUD approval for a mixed use hotel/fractional ownership project on the South Aspen Street property was approved by the City Council on November 28, 2005. Aspen Land Fund is present working on the hotel project's final PUD application which we expect to submit to the City in late spring or early summer. As the final application will undoubtedly require considerable time to review and approve, no community benefit would appear to result by requiring that the residential project's documents be recorded by March 25, 2006. Similarly, no benefit would appear to result by requiring Aspen Land Fund to apply for and receive a building permit for the residential project while the preferred hotel project is still under review. Absent an extension of the residential project's vested rights, however, Aspen Land Fund will have no choice but to submit a building permit application in order to maintain the prior approval's vested rights status. Accordingly, Aspen Land Fund respectfully requests that both the recordation deadline and vested rights for the residential project be extended until July 28, 2006. The requested one year extension should be sufficient to complete the review of the final PUD application for the hotel project and to record its associated documents. To comply with the City's regulatory requirements, the hotel project's PUD agreement will vacate the residential project's prior approvals. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, LLC -Ju _ZZ1706. Attachments cc: John Sarpa, Aspen Land Fund II, LLC Arthur C. Daily, Esq. c:\oldc\bus\city.Itr\ltr45303.cb2 APPROVED MAR 0 7 2006 COMMUNITY DEVELOPWN i uMti, ► Uh CITY Of ASPEN 0 0 Ede Edit Pecord Navigate Fgrm Reports Format Tab Held, AA �. Routing tjistory { Conchtions { Sub Permits Valuation { Public Comment { Customer Reguest { Attephiments main s Rggt"vg Status { Arch/Eng Parcels l Custom FrIds l Feel 1 Fee Summary I fictions K. Permit Type aslu :]Aspen Land Use 2004 Permit # 10015.2006.ASLU Address 1 J7 Apt/Site Cry i StateZip _— Permit InfamaGon __.... .,_ ._._..__. —.......... _.. _. _ ....... _ Master Permit F_ — Routing Queue Iaslu06 Applied 16/20/20M Project Status 1p..*g Approved — Description hIESTED RIGHTS EXTENSION -SOUTH ASPEN ST SUBDIVSIONIPUD Issued F_ Final Submitted SUNNYVANN 925.8336 Oodu Rumiv Days F 1 Ewes 03/15M7 Visible on the aveb? Permit ID: 37816 Owner _ Last Name (ASPEN LAND FUND, LLC First Name F 300 5 SPRING ST 301 Phone015d4.1797 !ASPEN CO 81611 Owner is Applicant? Applicant Last Name ASPEN L4ND FUND, LLC F First Name i 300 S SPRING ST 301 Phone 1970) 5441797 Cust # 24960 ( PEN CO 81611 t_ > View Record: 1 of 1 ■♦■■W-hervl Sos At Glenwood Insurance Aoencv FaxID: Glenwood Insurance A To: ON of Asoen Date: 3/20/2006 02:28 PM Paoe: 1 of 2 ■:m m"Blenw000d Inge Agenew P.O. Box 1270 • Glenwood Springs, CO 81602 a (970) 945-9161 9 Fax: (970) 945-6027 Fax From: Cheryl Sos To: Pages: 2 Fax: (970) 920-5439 Date: 3/20/2006 02:28:26 PM Phone: ( ) - Subject: Cert/City of Aspen _ Confidential Note: Information in this facsimile is confidential and intended for use by the individual or entity named If you received this telecopy in error, please immediately telephone us and return the original via U.S. Postal Service. Message: Is 0