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HomeMy WebLinkAboutLand Use Case.S Aspen St.0015.2006.ASLU '0.>_, .....".. 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 II. LLC- Attention John Sarna. 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 II. Eames Addition to the City and Townsite of Aspen. and Lots 13-20. Block II. Eames Addition to the City and 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 Citv Council Resolution No. 36. Series of 2006. 5/8/06 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) Julv 29. 2006 Effective Date of Vested Rights Extension Julv 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 nnd day ~~.M~y, 2006, by the City of Aspen Community Deyelopment Director. ~ r~ Chris Bendon, ommunity Development Director - ""'" - ~, ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ~H ~1-\-Z.~"-U~ ADDRESS OF PROPERTY: ~ \~- W. ~\L€ftwti1A~,Aspen,CO SCHEDULED PUBLIC HEARING DATE: ~'1' B ,20Ob STATE OF COLORADO ) ) SS. County of Pitkin ) I, (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 ofletters not less than one inch in height. Said notice was posted at least fiftee!); {IS) days PriO~UbliC hearing and was continuously visible from the '21- day of l- ,2000' 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 Deyelopment Department, which contains the information described in Section 26.304.060(E)(2) ofthe 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 ofthis 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 amen ents. ... The for~ing "Affidavit ofNotiss:" was acknowledged before me thiS~ of III'::!J ' 200~, by K. I rn 1..06 J <- WITNESS MY HAND AND OFFICIAL SEAL JAME l1llECl#l&l( Naay NlIIc IIaIII cI Q:,l~ ATTACHMENTS: COPYOFTHEPUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL 1. '. -'" ", Fe, ..........'" ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ~~~ 1- /.- ~.,~t!i11. J;t~~~~ ADDRESS OF PROPERTY: <:: ~, ;.J ,-~..1 ' , Aspen, CO ~/8 ,200d' / - SCHEDULED PUBLIC HEARING DATE: STATE OF COLORADO ) ) ss. County of Pitkin ) I, ~~4a~c.L.v1N~ lkS~ (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) ofthe 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 yisible from the _ day of ,200_, to and including the date and time ofthe public hearing. A photograph of the posted notice (sign) is attached hereto. 1 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) ofthe 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 ofthe 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 ofthe public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) , /" ", ""~;r' ".-,<, 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. ~I-h,,~ - Signature The fore oing "Affidavit of Notice" was acknowledged before me this 8 day . Lrrcc.f\/le of 200f,by --1:1ARGARE.1 ANN c.otlW5 Yl.....'-'\ O:\t!::'!.!:.I.f.IJ( ~..., "~ { DIANE R. '\ WITNESS MY HAND AND OFFICIAL SEAL : MARSHALL; Oq -::I /"\ 0 n . ~"" ....~ ~y commis ion expires: . (/\J.../ - I . -1'i:o;;coz.o~~ ' ~ i i (1 J.t ~(.liQ ) . !ir ~ ElIWe& 09/2012007 otary Pu ic - ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL r"-""" /'<' '"""",.'/ ",-.",; PUBLIC NOTICE RE: SOUTH ASPEN STREET SUBDMSION 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 offourteen (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 II, 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. sl Helen K. Klanderud. Mavor Aspen City Council Published in the Aspen Times on April 23, 2006 City of Aspen Account Impression antibourrage et it sechage rap,!,tie .Utilisez !e gabarit 5160~ 124 E DURANT AVENUE llC C/O WOGAN WENDY 533 W FRANCIS ASPEN. CO 81611 Al YEMENI MOHAMMED & ALICE 3109 OAKMONT DR STATESVlllE, NC 28625 ASPEN SKIING COMPANY llC PO BOX 1248 ASPEN, CO 81612 BERHORSTJERRY BERHORST CAROLE 7161 L1NDENMERE 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 IN ASPEN, CO 81611 CALKINS GEORGE W 105 S CHEROKEE DENVER, CO 80223-1834 CHIATE PROPERTIES llC 20628 ROCKCROFT DR MALlBU, CA 90265-5342 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 ilI>09~5 @AHMY ~ - www.avery.com 1-80D-GO-AVERY / ' - 710 SOUTH ASPEN llC 314 S GALENA ST STE 200 ASPEN, CO 81611 APRil FAMilY TRUST 1/4 INT 3501 S 154TH ST WICHITA, KS 67232-9426 BARBEE MARY K L1V TRUST 625 SKYLINE DR CODY, WY 82414 BIEl ALEXANDER l & lEE M 381 lOVEllAVE Mill VAllEY, CA 94941 BOURGAULT MARY JANE 555 E DURANT AVE #4J ASPEN, CO 81611 BRITTON CARl PO BOX 12131 ASPEN, CO 81612 CABEll JOE C/O CHARTHOUSE 1765 ALA MOANA BLVD HONOLULU, HI 96815 CASPER MARY l YNN 124 E DURANT #4 ASPEN, CO 81611 CHRISTENSEN CINDY 109 JUAN ST ASPEN, CO 81611 COHEN ARTHUR S IBSEN 72 MEXICO CITY MEXICO. 11560 A1l3^"'-O!)-008-~ WOJ'A18Ae'MMM - - \i\ AVERY@ 5160~ ALPINE BANK ASPEN 600 E HOPKINS AVE ASPEN. CO 81611 ASPEN KABINN llC C/O NIKE COMMUNICATIONS/NINA KAMINER 35 E 21ST ST NEW YORK, NY 10010 BENT FORK llC C/O FESUS GEORGE POBOX 9197 ASPEN, CO 81612 BilLINGSLEY FAMilY lP 1206 N WALTON BLVD BENTONVlllE, AR 72712 BRENNAN JACQUELINE NANCY 31 TRAINORS LANDING ASPEN, CO 81611 BRUMDER PHILIP G & ASMUTH ANTHONY QUARLES & BRADY C/O 411 E WISCONSIN AVE STE 2500 MilWAUKEE, WI 53202 CAIN DOUGLAS M CAIN CONSTANCE MOFFIT TRUSTEES 1960 HUDSON ST DENVER. CO 80220 CHAPLIN ARLENE & WAYNE 54 LAGORCE CIR MIAMI BEACH, Fl 33141 CHU FAMilY TRUST 2/3 INT lU NANCY CHAO TRUST 1/3 INT 38 CORMORANT CIR NEWPORT BEACH. CA 92660 CROW MARGERY K & PETER D 46103 HIGHWAY 6 & 24 GlENWOOD SPRINGS, CO 81601 ilI>09 ~5 U'lfldWll ilI>A1"A'" "sn 6U!lUIJd aaJ~ a6pnws pue wer Impression antibourrage et II sechage rapide ,UtilisezJe gabarit 5160Cfl) CYS RICHARD L AND KAREN L 5301 CHAMBERLIN AVE CHEVY CHASE, MD 20815 DOLlNSEK 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 0 PO BOX 9069 ASPEN, CO 81612 GROOS NICHOLAS 0 210 N INDUSTRIAL PARK RD HASTINGS, MI 49058 IlIl09lS (jJ)AlIaAV ~ - www.avery.com , ,.".. 1-BOll-GQ-AVERY / . - 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 LONG MONT, CO 80502-0908 HANG TEN ADVENTURE 809 S ASPEN ST #2 ASPEN, CO 81611 A1l3^'o'-09-oDS-l UJO~'.<Jil^I?MMM - \i\ AVERY@ 5160Cfl) 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 0 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 IlIl09lS 3l\11d1l\lll ~a^'o' asn 6UI1UI.LI 9aJ..I a6Dnwc Due wer Impression antibourrage at it sechage rapide \,Jtilisez I!! gabarit 5160@ " , - www.avery.com 1-80o-GO-AVERY - HATCHER HUGH S 205 E DURANT AVE APT 2E ASPEN, CO 81611 HElM WILLIAM D 124 E DURANT AVE APT 1 ASPEN, CO 81611-1769 HENDERSON BROTHERS LLC PO BOX 407 TROY. AL 36081 HENRY WAYNE SCOTT PO BOX 2383 GRAPEVINE, TX 76099 HINES TOM & CAROLYN 21 TRAINORS LNDG ASPEN, CO 81611-1652 HORTON KAREN JANE TRUST 588 S PONTIAC WAY DENVER, CO 80224 IAVARONE GIANFRANCO & RITA 3410RIENTAAVE MAMORONECK, NY 10543 ICAHN L1BA PO BOX 11137 ASPEN, CO 81612 IMHOF FAMILY TRUST 2409 GREEN ST SAN FRANCISCO, CA 94123 IMREM SUE GORDON TRUSTEE 219 E LAKE SHORE DR #5D CHICAGO, IL 60611 JAMES FAMILY TRUST 1/4 INT 1 CASTLEWOOD CT NASHVILLE, TN 37215-4617 JOHNSON KERRI & DEREK 117 JUAN ST #1 ASPEN, CO 81611 JUAN STREET HOMEOWNERS ASSOCIATION 119JUANST ASPEN. CO 81611 KABERT INDUSTRIES INC PO BOX 6270 VILLA PARK, IL 60181 KAUFMAN STEVEN 0554 ESCALANTE CARBONDALE, CO 81623 KINGSBURY FAMILY TRUST PO BOX 198 HOLDERNESS, NH 03245 KULLGREN NANCY A 205 E DURANT AVE UNIT 2-C ASPEN, CO 81611 LACY ROANE M JR PO BOX 367 WACO, TX 76703-0367 LCH LLC C/O TOM DIVEN ERE 124 ANNAPOLIS LN PONTE VEDRA, FL 32082 LEONARD-PECK SHEILA KATHRYN RR 1 PO BOX 375-P VINEYARD HAVEN, MA 02568 ~nQLC ",,"'~.::IAW ~ A1I3AV-09-QOS-l - ..._...~.""............... @ AVERY@ 5160@ HEIMANN GEORGE R 100 E DEAN ST#2E ASPEN. CO 81611-1967 HILL EUGENE D III & JOAN L TRUST 3 AVALON AVE POBOX 129 PRIDES CROSSING. MA 01965 HOTEL DURANT 122 E DURANT ASPEN, CO 81611 lOB INVESTMENTS LLC 131 E DURANT AVE ASPEN, CO 81611 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 LARKIN THOMAS J & MARYANN K 1 SHELDRAKE LN PALM BEACH GARDENS, FL 33418-6820 LEVIN BARTON J AND NANCY M 701 S MONARCH ST #6 ASPEN, CO 81611 @09l5 UVldll\lU ~a^v asn F!.11I1111....1 ~~u afinnulC' nlJ~ lupr Impression antibourrage et a sechage rapic'o., Utilisez Ie gabarit 5160@ LEVY HELEN JOAN TRUST 421 WARWICK RD KENILWORTH. IL 60043-1145 LIBMAN KENNETH J 800 S MONARCH ST #2 ASPEN, CO 81611 LOCHHEAD RAYMOND R & EMILIE M 200 SHERWOOD RD PASO ROBLES, CA 93446 MACHUCA EDGAR F 11 TRAINORS LANDING ASPEN, CO 81611 MCCARTNEY BRENDA DAHL 113 JUAN ST ASPEN, CO 81611 MENDEL M MARK MENDEL GRACE A - JT TENANTS 1620 LOCUST ST PHILADELPHIA, PA 19103 MOORE JOHN W 50% 10426 WHITE BRIDGE LN ST LOUIS, MO 63141 MURRAY DENIS PO BOX 3770 ASPEN. CO 81612 NOREN LARA L & STEPHEN C 10927 BRIGANTINE DR INDIANAPOLIS, IN 46256-9544 OLSON PAUL & DIANE CANEPA PO BOX 128 BRECKENRIDGE, CO 80424 ~ngL~ "".I.~I::iIAW ~ - www.avery.com 1-8OO-GQ-AVERY - LEVY HYMAN & GAIL PO BOX 1365 BOCA RATON. FL 33429-1365 LIFT ONE CONDOMINIUM ASSOC 131 E DURANT AVE ASPEN, CO 81611 LUNDHOLM KERSTIN M 115JUANST ASPEN, CO 81611 MAGES LAWRENCE M & MARY K 84% 216 LINDEN AVE WILMETTE, IL 60091 MCCONNELL THOMAS W & KAY L 38140AKHILLS BLOOMFIELD HILLS, MI 48301 MITCHELL ELSA R PO BOX 2492 ASPEN, CO 81612 MORGAN MICHAEL L 115JUAN ST ASPEN, CO 81611 NITSCHKE RUPRECHT TRUST 50% NITSCHKE ELIZABETH TRUST 50% 7107 FRANKLIN ST MIDDLETON. WI 53562 NORTH LAUDERDALE PETROLEUM LLC 6318 NW 23RD ST BOCA RATON, FL 33434 ONEAL PROPERTIES LLC 8100 E CAMELBACK RD #31 SCOTTSDALE, AZ. 85251-2773 A1I3^'o'-09-o08-~ - ..._....~."".""... .... @ AVERV@ 516041> LIBMAN KENNETH J 65 CENTRAL PARK WEST #1 E NEW YORK. NY 10023 LIFT ONE LLC 72.40% 24 L1NDENWOOD LN LITTLETON, CO 80127 MACDONALD KENNETH HUGH REV TRUST 44 W HANNUM SAGINAW, MI 48602 MCCALL CAROLYN E 100 E DEAN ST#1E ASPEN, CO 81611 MCKENZIE BART 4840 30TH ST ARLINGTON, VA 22207-2716 MONIGLE ETHEL M 3200 OHIO WAY DENVER, CO 80209 MULKEY DAVID A DR TRUSTEE 2860 AUGUSTA DR LAS VEGAS. NV 89109 NOBLE GUY T PO BOX 9344 ASPEN, CO 81612 NORTHCUTT BARRY & JENNIFER 1905 MISSION HILLS CIR EDMOND, OK 73003 ONEILL ROGER PO BOX 711 LAKE GENEVA, WI 53147-3579 ilt09~S 3J.'o'1dWll OJ!..IaA'o' asn Filll'lllll...l _I-I ::lIoR"nlllr "liD lilDr Impression antibourrage et a sechage raeiJ;t~ . Utilise~ Ie gabarit 51604!l . PASCO PROP LLC SMITH PATRICK A POBOX 850 ASPEN, CO 81612 RINGSBY GRAY PO BOX 1292 HAIKU, HI 96708 ROBERT FAMILY TRUST 1/4 INT 771 FERST DR ATLANTA, GA 30332-0245 RUDERMAN ERIC P & MIMI E 1536 OGDEN ST DENVER, CO 80218-1406 SALlTERMAN LARRY & NANCY 603 S GRAMISH ASPEN, CO 81611 SCHERER ROBERT P III 217 GOLDENROD AVE CORONA DEL MAR, CA 92625 SETZLER ALEX 100 E DEAN ST UNIT 2C ASPEN, CO 81611-1957 SHEFFER BARBARA & DOUGLAS PO BOX 250 ASPEN, CO 81612 SILVERMAN MARC A & MARILYN L 937 DALE RD MEADOWBROOK, PA 19046 SLOAN SUSAN MARIE 500 S ORANGE AVE SARASOTA, FL 34236 ~nQLC "".l.1o.I::IAW ~ - www.avery.com A'" 1-80D-Go-AVERY' " - PINES LOOGE DEVELOPMENT LLC 2353 IRVINE AVE NEWPORT BEACH, CA 92660 ROARING FORK MOUNTAIN LODGE ASPEN LLC TWO CREEKS BLDG 0021 BURNT MTN CIR SNOW MASS VILLAGE, CO 81615 ROBLES ENRIQUE ALVAREZ ALVAREZ CRISTINA MONTES URALES 350 LOMAS CHAPUL TEPEC MEXICO DF MEXICO, 11000 RYAN ELIZABETH H 1/2 INT COPE G RICHARD & NANCY M 1/2 INT 419 WINNEBAGO DR JANESVILLE, WI 53545 SCHAINUCK LEWIS I & MICHELLE T 2900 OCEAN BLVD CORONA DE MAR, CA 92625 SCHROEDER C M JR SCHROEDER BETTY ANN 3629 ROCKBRIDGE RD COLUMBIA, SC 29206 SEVERY REV TRUST 70.39% 30 DEXTER ST DENVER, CO 80220 SHENK ROBERT D 290 HWY 133 CARBONDALE, CO 81623-1530 SIMON HERBERT REV TRUST 8765 PINE RIDGE DR INDIANAPOLIS, IN 46260-1778 SM-15 SEELBACH WILLlA - C/O 45000 S WOODLAND CHAGRIN FALLS. OH 44022 A1I3^\t-09-o08-~ - ..._....L....................... ~ AVERY@ 516041> PINNIGER SIMON S & SIMON PO BOX 10420 ASPEN, CO 81612 ROARING FORK PROPERTIES C/O HOWARD A WILL JR 5055 26TH AVE ROCKFORD,IL 61109 ROSE JON E ROSE RITA L 303 MAGNOLIA LAKE DR LONGWOOD, FL 32779 S C JOHNSON AND SON INC TAX DEPT 412 1525 HOWE ST RACINE, WI 53403 SCHAYER CHARLES M III 588 S PONTIAC WAY DENVER, CO 80224 SEMRAU TIMOTHY & HEIDI ROBBIN 58 TRAINORS LANDING RD ASPEN, CO 81611 SHADOW MOUNTAIN AERIE PARTNERSHIP LLP C/O ARTHUR J & PAMELA T WASHINGTON 21 BRIARCLlFF RD LARCHMONT. NY 10538 SHINE FAMILY LLC 8677 LOGO 7 CT INDIANAPOLIS, IN 46219-1430 SKY BLUE LLC 27.60% 5743 CORSAAVE # 101 WESTLAKE VILLAGE, CA 91362 SMITH RONA K 1742 HILLSIDE RD STEVENSON, MD 21153 4l>09~5 Ultldll\lU ~a^\t asn Fi,Il'IIII.J :Ilo:au :IlofinnlllC' nll~ IIII~r Impression antibourrage et II sechage rapid~ .Utilisez.le gabarit S1604I> .' , - www.avery.com/.._.. 1-8lJO.GO-AVERY - SOLONDZ TAMI S PO BOX 2829 ASPEN, CO 81612 SOUTH POINT CONDOMINIUM ASSOCIATION 205 E DURANT AVE #2F ASPEN, CO 81611 SPAULDING RICHARD W THOMPSON ELEANOR M PO BOX 278 CONCORD, MA 01742-0278 STANTON JAMES C/O WORLD-WIDE HOLDINGS CORP 150 E 58TH ST NEW YORK, NY 10155 STEINER DONALD R BUCKHEAD GRAND 3338 PEACHTREE RD #3307 ATLANTA, GA 30326 STEWART SCOTT 4710 PLAINFIELD CT MIDDLETON, WI 53562 STUART FAMILY TRUST 1/4 INT 1 CASTLEWOOD CT NASHVILLE, TN 37215-4617 SZYMANSKI WILLIAM R & LYNNE E 2220 E SILVER PALM RD BOCA RATON. FL 33432 TAYLOR HARVEY C W 301 N 9430 HWY E HARTLAND, WI 53029 TELEMARK APARTMENT 2 LLC 3910 S HILLCREST DR DENVER, CO 80237 THREE REEDS LLC 2224 VIA SEVILLE RD NW ALBUQUERQUE, NM 87104-3096 TOWNE PLACE OF ASPEN CONDO ASSOC INC C/O ASPEN LODGING COMPANY 747 S GALENA ST ASPEN, CO 81611 TUCKER RC DR COLOROW - A TTN: 6420 STAUDER CIR EDINA, MN 55436 TYDEN FAMILY FARMS PTNP 1730 IROQUOIS TR HASTINGS, MI 49058 VANDER WALL DEAN ROBERT & BEVERLY J PO BOX 189 LONE PINE, CA 93545 VANTONGEREN HAROLD V & LIDIA M 2000 E 12TH AVE BOX 8 DENVER, CO 80206 WHITE JALEH THICKMAN DAVID 152 E DURANT AVE ASPEN, CO 81611-1737 WILLETTE NANCY 100 E DEAN ST #2D ASPEN, CO 81611 WOLTIN ROBERT 2701 AQUA VISTA BLVD FORT LAUDERDALE, FL 33301 WOODING MERRITT B PO BOX 339 HOPE, NJ 07844 ..09~S c!IlAHaJ\W ~ A1l3^\f-09-o0S-~ Illn".(.JAAP"MAAM - \i\ AVERY@ S1604!> SOUTH POINT-SUMNER CORP 4828 FORT SUMNER DR BETHESDA. MD 20816 STARK RENEE A 205 E DURANT AVE APT 10 ASPEN, CO 81611-3813 STRAWBRIDGE GEORGE JR 3801 KENNETT PKE BLDG #8-100 WILMINGTON, DE 19807 TAROCH HOLD)NGS 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 GAIL YN L TRUSTEE PO BOX 7964 ASPEN, CO 81612 WOLF FAMILY TRUST 12/23/1986 1221 MYRTLE AVE SAN DIEGO, CA 92103 WOODSON TATJANA D POBOX125 TETON VILLAGE, WY 83025 Ql)09~S 3.l\f1dW3~ ~a^\f asn 6U11UIJ..I aaJ" afiDnwc Due wer Jam and Smudge Free Printing Use AveryfD TEMPLATE S160@ WOW LIFT ONE LLC C/O WARSTLER ROBERT T 10 WINDJAMMER LN MT ARLINGTON. NJ 07856 _Anlr _ .,.___ ~ I~" ,-" - - WRIGHT LISA PO BOX 3770 ASPEN. CO 81612 A1l3^"-o91lOIN www.avery.com 1-80D-GO-AVERY - ~ AVERY@ S160@ WUGAL TER JOEL 3200 N OCEAN BLVD #909 FT LAUDERDALE, FL 33308 Gl09L5 weqe6 81 Za5!1lln _If!!_u___ _ __ _e________.._ .._.___........ P .2.O"l MEMORANDUM Vl\\ .fa TO: Mayor Klanderud and Aspen City Council THRU: Chris Bendon, Community Development Director ~ FROM: Jennifer Phelan, Senior Long Range Planner 6V RE: South Aspen Subdivision/PUD Extension of Vested Rights -Resolution - ~ Series 2006 MEETING DATE: May 8, 2006 ApPLICANT /OWNER: Aspen Land Fund II, LLC PROPOSED LAND USE: Hotel/fractional ownership project. REPRESENT A TIYE: 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 & ApPROYED USE Land R-15 Zone District with a Lodge and PUD Oyerlay, approved for fourteen (14) fee-market residential units and seventeen (17) affordable housing units. 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 0 submit a final PUD application to develop a mixed use hotel/fractional ownership project on the site. LAND USE REQUESTS AND REYIEW 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 approyed 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 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 approyed 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; Staff Findine:: 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 SubdivisionlPUD 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 28th 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. Staff finds 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 Findinf!: 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 Appiicant 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 Findine:' 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. Staff finds this criterion to be met. P213 RESOLUTION NO. 3b (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 SUBDIVISIONIPUD 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, 273;;-131-13-001 (Parcel I) Parcel No, 2735-131-14-003 (Parcel 2) Parcel No, 2735-131-23-001 (Parcel 3) WHEREAS, the Community Development Department receiyed 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 Subdiyision! PUD pursuant to Ordinance No. 32, Series of2003; 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 seyenteen (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 proyisions 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 finds that the extension of yested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of yested rights proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, c~ Approved as to form: Approved as to content: John P. Worcester, City Attorney Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk P215 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 hotelJfractional 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 w~ich 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 SubdivisioniPUD'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. 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, ann, AICP cc: John Sarpa Arthur C. Daily, Esq. c:\oldc\bus\city .app\app45303.j1l B 1004-268 EXHIBIT 2P221 kruyersptle Insurance @IJ?Qlq!~9!1 AL T A 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-tj d@sopris.net Priscilla Prohl-prisciIIa@sopris,net Joy Higens-joy@sopris,net Brandi Jepson-brandi@sopris,net (Closing & Title Assistance) Issued By ~wyern1iclelnsuronce@rp,g@>>9B Home Office: 101 Gateway Centre PIlrkway, Gateway aile Richmolld, Virgil/in 23235.5153 1-800-446-7086 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 parcet 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 P225 AND The vacated alley situated in Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN. EXHIBIT I- fl227 LAND USE APPLICATION ApPLICANT: Name ~ L.--1/-//? r~~ L,GG Location: ("'~'-~ 777ZG c::z:v../H;rH~ (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (RE WRED) REPRESENTATIVE: Name, V--1N~ .-<f~/-176'S J G.~ Address Z3C> e: ~..t'1'/~ ~e , I ~ <::A:::) 8/c./ / Phone#: 9z-S ~t::..958 J PROJECT: Name: /~ "7// 5/~SPr.....w-~/\//S'/<:::;,t../~ Address: Phone #: 6~1- - S:3:rc: TYPE OF APPLICATION: (please check all that apply): 0 Conditional Use 0 Concephml PUD 0 ConcephJaI Historic Devt. 0 Special Review 0 Final PUD (& PUD Amendment) 0 final Historic Development 0 Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt, 0 GMQS Allotment 0 Final SPA (& SPA Amendment) 0 Historic Demolition 0 GMQS Exemption 0 Subdivision 0 Historic Designation 0 ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes 0 Small Lodge Conversion! Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane 0 Lot Split 0 Temporary Use Other, 0 Lot Line Adjustment 0 TextJMa Amendment EXISTING CONDITIONS: /.../4 PROPOSAL: (description of proposed buildings, uses, modifications, etc,) I /--4 N--1 ~~ you attached the following? ~ Pre-Application Conference Summary @-J\ttachment#l, Signed Fee Agreement o ~esponse to Attachment #3, Dimensional Requirements Form ~Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards FEES DUE: $ ~ :l<;;;c, - RETAIN FOR PERW.NE;'fT RECORD Jam and Smudge Free Printing Use Avery@TEMPLATE 5160@ 124 E DURANT AVENUE LLC C/O WOGAN WENDY 533 W FRANCIS ASPEN, CO 81611 ALPINE BANK ASPEN 600 E HOPKINS AVE ASPEN,CO 81611 ASPEN SKIING COMPANY LLC PO BOX 1248 ASPEN, CO 81612 BERHORST JERRY BERHORST CAROLE 7161 LINDEN MERE DR BLOOMFIELD HILLS, MI 48301 BLACKWELL CLARENCE A & ANNE H PO BOX 3180 ANNAPOLIS, MD 21403 BRIGHT GALEN 205 E DURANT AVE #30 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 MALlBU, CA 90265-5342 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 " - www.avery.c 1-800-GO-AYEk i - 710 S ASPEN LLC 314 S GALENA ST STE 200 ASPEN, CO 81611 AL YEMENI MOHAMMED & ALICE 3109 OAKMONT DR STATESVILLE, NC 28625 BARBEE MARY K L1V TRUST 625 SKYLINE DR CODY, WY 82414 BIEL ALEXANDER L & LEE M 381 LOVELL AVE MILL VALLEY, CA 94941 BOURGAULT MARY JANE 555 E DURANT AVE #4J ASPEN. CO 81611 BRITTON CARl PO BOX 12131 ASPEN, CO 81612 CABELL JOE C/O CHARTHOUSE 1765 ALA MOANA BLVD HONOLULU. HI 96815 CASPER MARY LYNN 124 E DURANT #4 ASPEN, CO 81611 CHRISTENSEN CINDY 109 JUAN ST ASPEN, CO 81611 COHEN ARTHUR S IBSEN 72 MEXICO CITY MEXICO, 11560 EXHIBIT ~ P229 ALOHA MTN C/O WORLD 369 MONTEZUMA #214 SANTE FE, NM 87501 APRIL FAMILY TRUST 1/4 INT 3501 S 154TH ST WICHITA, KS 67232-9426 BENT FORK LLC C/O FESUS GEORGE POBOX 9197 ASPEN. CO 81612 BILLINGSLEY FAMILY LP 1206 N WALTON BLVD BENTONVILLE, AR 72712 BRENNAN JACQUELINE NANCY 31 TRAINORS LANDING ASPEN, CO 81611 BRUMDER PHILIP G & ASMUTH ANTHONY QUARLES & BRADY C/O 411 E WISCONSIN AVE STE 2500 MILWAUKEE, WI 53202 CAIN DOUGLAS M CAIN CONSTANCE MOFFIT TRUSTEES 1960 HUDSON ST DENVER, CO 80220 CHAPLIN A'RLENE & WAYNE 212 E DURANT AVE #0 ASPEN, CO 81611 CHU FAMILY TRUST 213 INT LU NANCY CHAO TRUST 1/3 INT 38 CORMORANT CIR NEWPORT BEACH, CA 92660 CROW MARGERY K & PETER 0 46103 HIGHWAY 6 & 24 GLENWOOD SPRINGS, CO 81601 ~__ __..___L: _. ___...~~ Jam and Smudge Free Printing Use Avery@TEMPLATE 5160@ HANG TEN ADVENTURE 809 S ASPEN ST #2 ASPEN, CO 81611 HElM WILLIAM D 124 E DURANT AVE APT 1 ASPEN, CO 81611-1769 HENRY WAYNE SCOTT PO BOX 23B3 GRAPEVINE, TX 76099 HORTON KAREN JANE TRUST 588 S PONTIAC WAY DENVER, CO 80224 ICAHN LlBA 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 LARKIN THOMAS J & MARYANN K 1 SHELDRAKE LN PALM BEACH GARDENS, FL 33418-6820 - ,"'..'...... - www.avery. 1-800-GO-AVtK'f HARVEY JEFFREY & NANCY 711 S DEARBORN ST - #507 CHICAGO, IL 60605 HEIMANN GEORGE R 100 E DEAN ST #2E ASPEN. CO 81611-1967 HILL EUGEN DUBOSE III & JOAN LUISE TRST PO BOX 129 PRIDES CROSSING, MA 01965 HOTEL DURANT 122 E DURANT ASPEN, CO 81611 IMHOF FAMILY TRUST 2409 GREEN ST SAN FRANCISCO, CA 94123 JAMES FAMILY TRUST 1/4 INT 1 CASTLEWOOD CT NASHVILLE, TN 37215-4617 JUAN STREET HOMEOWNERS ASSOCIATION 119 JUAN ST ASPEN, CO 81611 KAUFMAN STEVEN 0554 ESCALANTE CARBONDALE, CO 81623 KULLGREN NANCY A 205 E DURANT AVE UNIT 2-C ASPEN, CO 81611 LCH LLC PO BOX 12393 ASPEN, CO 81612 ~ AVERY@ 5160@ P231 HATCHER HUGH S 205 E DURANT AVE APT 2E ASPEN. CO 81611 HENDERSON BROTHERS LLC PO BOX 407 TROY, AL 36081 HINES TOM & CAROLYN 21 TRAINORS LNDG ASPEN. CO 81611-1652 IAVARONE GIANFRANCO & RITA 341 ORIENTA AVE MAMORONECK, NY 10543 IMREM SUE GORDON TRUSTEE 219 E LAKE SHORE DR #50 CHICAGO, IL 60611 JOHNSON KERRI & DEREK 117 JUAN ST #1 ASPEN, CO 81611 KABERT INDUSTRIES INC PO BOX 6270 VILLA PARK, IL 60181 KINGSBURY FAMILY TRUST PO BOX 198 HOLDERNESS, NH 03245 LACY ROANE M JR PO BOX 367 WACO, TX 76703-0367 LE CHARD ALLAN P 1002 BUCKINGHAM RD GROSSE POINTE PARK, MI 48230 n and Smudge Free Printing e Avery'" TEMPLATE 5160@ ~IGER SIMON S & SIMON 30X 10420 'EN, CO 81612 IRING FORK PROPERTIES HOWARD A WILL JR ; 26TH AVE ;KFORD, IL 61109 ;E JON E ;E RITA L MAGNOLIA LAKE DR IGWOOD, FL 32779 JOHNSON AND SON INC DEPT 412 ; HOWE ST ;INE, WI 53403 lAYER CHARLES M III S PONTIAC WAY IVER, CO 80224 1RAU TIMOTHY & HEIDI ROBBIN 'RAINORS LANDING RD 'EN, CO 81611 ,DOW MOUNTAIN AERIE :TNERSHIP LLP ARTHUR J & PAMELA T 3HINGTON IRIARCLlFF RD :CHMONT, NY 10538 ~E FAMILY LLC 7 LOGO 7 CT IANAPOLlS, IN 46219-1430 :eRS CHALET LLC R J OCALLAHAN E 7TH ST #100 'BLO, CO 81003 TH RONA K 2 HILLSIDE RD VENSON, MD 21153 - www.avery.com 1-BOO-GO-AVERY - RINGSBY GRAY PO BOX 1292 HAIKU, HI 96708 ROBERT FAMILY TRUST 1/41NT 771 FERST DR ATLANTA, GA 30332-0245 RUDERMAN ERIC P & MIMI E 1536 OGDEN ST _ DENVER. CO 80218-1406 SALlTERMAN LARRY & NANCY 603 S GRAMISH ASPEN, CO 81611 SCHERER ROBERT P III 217 GOLDENROD AVE CORONA DEL MAR, CA 92625 SETZLER ALEX 33901 MARIANNA DR #11 DANA POINT, CA 92629 SHEFFER BARBARA & DOUGLAS PO BOX 250 ASPEN, CO 81612 SILVERMAN MARC A & MARILYN L 937 DALE RD MEADOWBROOK, PA 19046 SLOAN SUSAN MARIE 500 S ORANGE AVE SARASOTA, FL 34236 SOLONDZ TAMI S PO BOX 2829 ASPEN, CO 81612 I @ AVERY@ 5160@ ! P233 ROARING FORK MOUNTAIN LODGE ASPEN LLC TWO CREEKS BLDG 0021 BURNT MTN CIR SNOW MASS VILLAGE, CO 81615 ROBLES ENRIQUE ALVAREZ ALVAREZ CRISTINA MONTES URALES 350 LOMAS CHAPULTEPEC MEXICO OF MEXICO, 11000 RYAN ELIZABETH H 1/2 INT COPE G RICHARD & NANCY M 1/2 INT 419 WINNEBAGO DR JANESVILLE, WI 53545 SCHAINUCK LEWIS I & MICHELLE T 2900 OCEAN BLVD CORONA DE MAR. CA 92625 SCHROEDER C M JR SCHROEDER BETTY ANN 3629 ROCKBRIDGE RD COLUMBIA. SC 29206 SEVERY REV TRUST 70.39% 30 DEXTER ST DENVER, CO 80220 SHENK ROBERT 0 290 HWY 133 CARBONDALE, CO 81623-1530 SIMON HERBERT REV TRUST 8765 PINE RIDGE DR INDIANAPOLIS, IN 46260-1778 SM-15 SEELBACH WILLlA - C/O 45000 S WOODLAND CHAGRIN FALLS, OH 44022 SOUTH POINT CONDOMINIUM ASSOCIATION 205 E DURANT AVE #2F ASPEN,CO 81611 - www.avery. 1-aOO-GO-AVEflY ~ AVERY@5160@ P235 Jam and Smudge Free Printing Use Avery@ TEMPLATE 5160@ - WUGALTER JOEL 3200 NORTH OCEAN BLVD #909 FT LAUDERDALE, FL 33308 ZALE MILTON TRUSTEE 3824 N ASHLAND AVE CHICAGO,IL 60613 - , 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 bas reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identilied berein, bas reviewcd and considered the recommenuation of the Planning and Zoning Commission, tbe CiJllll11l1nity Devclof1mcnt Dircelllr, Ihc Aspen/Pilkin COllnty Ilnllsing Authority, the ilpplic'lhk rd'c;rrld Ilgellcie:t. IlIlll h'ls Illkell Ilml Cllllsidered Pllhlic Cl}111 I 11\.;11 1 al 'l Pllhlie he'lrillg; alld, WII/~RgAS, the City (ulIlleillillus Ihatlhe devdupl11elll pn>posall11ects nr exceeds all applicable devclopmcllt standards amJ thai the apprllval or the development proposal, with conditions, is consistent with the goals and clements 01' the Aspcn Area Community Plan; and, WHEREAS, tbe City Councillinds that this Ordinance furtbers and is necessary for the promotion of public bealth, safety, and welfare, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: , ~ I ! I Section 1 Pursuant to tbe 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 I, 2, and 3 of the Soutb Aspen Street SubdivisionIPUD witb 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 Soutb 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: I. A SubdivisionIPUD Agreement shall be recorded at the Pitkin County Clerk and Recorder's Office within] 80 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), ': \n\\\ mIl UIIIl lIllI' III \\\ \\1\\\\ li\\ \\\ \ III Ill\ 486407 Poge' 2. cf ;.~ 0e!0~/Z003 1: .4e~ ... t? ,71f'l P239 Allowable External .83:1 (73,381 sf. cumulative over all three FAR parcels) ! AH Off-Street Parking 30 Parking Spaces (2 spaces for each dwelling unit of 2 or more bedrooms, and I space for each one bedroom and studio unit)(cumulative over all three parcels) Frc" MJrkct OIT-Slre"1 18 Parking Spaces (2 spaccs fI,,' c~ch dwelling !'arkiug ullit <Jf 2 or nltJr~ hedrn<Jl11s, aud I spaee Ii] r cach <"IC hctlrntJll1 aud slutli<J uuil)(cllnlltlativc Dver allthrcc p~rccls) . - ....--..--..-...----.-.. -.------ -- 4, The huilLiing permit application shall incllld~ the following: ~. A copy of the final recorded Ordinancc. 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 tbe design of ventilation and heating systems. f. A fugitive dust control plan which includes proposed construction fencing, watering ofbaul 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 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. 1. A State of Colorado Storm Water Management (Erosion Control) Permit because the land area of the development is over an acre. J. A PM-I 0 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 illlllJ 111111' II IIW 11111 11111111 11111" ,) 'JT~ rl"\,,:: ,..,7T"".. ,~, ..._.. __ I. . 486407 =age: .11 of :0 0e/04/2D03 1: .3~ P241 This is approximately 80 feet further north of the point of beginning shown ,on the schematic utility plan dated June 21, 2002. II. The Applicant shall also schedule the abandonment of the existing water taps prior to applying for new water taps, 11 . The Applicant sllall comply with the Aspen Consolidatcd Sanitation Disll'ict's ruks ;Hld re!Julati[Jn~, Ifnew sewer lines are I'ct]ilired, thel11he existing ~ervice Il1l1st he cxeavaled ami disciJl1lwcled 011 the main sewer line, Nn ckar.waler e<lnl1ediol1s (rouf, fonndation, perimder urains) shall be allowed In urain 10 AE:SD lines, All improvemenls helow graue shall rCljuire the lIse or a pumping station. The Applicant shall install an oil anu sanU separator in the parking garagc that mccls thc 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 deyelopment 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. 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 ! :~lili ll!li n!~i! Illl!i ill lIIillllllllllllllii llll illi 486407 " " .r 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. The deed restrictions on the affordable housing units shall be defined by tbe rental price terms in the Aspen/Pitkin Counly AJ'lonlablt: Ilousing Guidelines in alTcd althe lime "r Finall'lJI) approval. 27, The Applicant shall record a housing replacement agrcement which sels forth the tenns and conditions by which the replaccmcnt 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 Iuan 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 ofthe 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 fonn of mitigation approved by the City Engineer for increased vehicular traffic on South Aspen Street, causing a revocation of the road's IS-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. 1111111111111111111111111 ~III! 1111I1 11111111111 III! 486407 Pagt:. 8 cf : 0 08/e~/2003 11 A9~ P243 . , "., ..... .r P245 INTRODUCED, READ AND ORDERED PUBLISHED as provided by Jaw, by the City Council of the City of Aspen on the 23rd day ofJune, 2003, Alles!: ,. ,/ . ;k' /} hi ,.If .,t.-'{;; ___; Kathryn S, Ii: " FINALLY, adopted, passed and approved by a vote of three to zero (3-0), this 28th day of July 2003, /~!:\<,,~ Helen 'n ern, ayor Attest: fju(' " i . /II ,f. /iJ2;;/ .'", " "'-' ~ ,. _ ,. ~ , . r I " ,. .crf{JC-<-1'71 / Yd-c - .c Kathryn S, ~th, City Clerk Approved as to form: ., ./ It/I,rl/i.~ John P: Wod:ester, City Attorney \ III \ Ii 1m \ II' \\\JlIUBl\ \1 \lll\\ J\ J)\}~~~~~~~:,:0 490 SILV:A DRVIS ?1TKHl cvur.J, , C... " ..00' P247 within the vesting timeline and there IS a community interest for providing suCEan extension. I' , ~ _ , ~.~ ...., , - '\.~ <;,J _ /C-/v-/ ~~ JuliJ'Ann Woods, Comm'Wiity Development Director V' ATTACHMENTS: Exhibit A - Ordinance No, 32, Series of 2003 Exhibit B - Letter of Request I" .- , J ....;,(,.).. i.,J I c! -:; Date . . A,F' ,==? n ~/::: ,"J OCT 2 8 2003 CDMMiiW,v-,,_ . -, I" L::i'-s.';~J"""--i""r. 0" "'- ,..._"l J 1.fIl1'C--,C'H L'1; Y~E"'''''''' "-"\II ....." ';:'I-;:N ' ....'.'<", 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 extens' on. \~.\1;.~ Date Chris Bendon, Community Development Director APPROVED ATTACHMENTS: Exhibit A - Ordinance No. 32, Series of 2003 Exhibit B -Notice of Decision for first Extension Exhibit C - Letter of Request DEe 1 3 2004 COM/,/lJNiTy DEVELoPlAeIT LJk;,;) u, 07Y Cf ASPEII P251 Mr. Chris Bendon N overnber 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 haye any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, S, LLC PffrWed : dtv) IMJ ~~ jW./ ~ 'j!rf; / SV:cwv Attachments APPROVED cc: John Sarpa, Aspen Land Fund n, LLC Arthur C. Daily, Esq. ,'-'.' . ~ 2005 I.v\/" J. '" c:\oldc\bus\ciry .Jtr\ltr45303 .cb3 COMMUNI 11 ,_ .c,0PI.lENT~~I\J'l em Of' ,',SPEN '.."'", ~ 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 fmal PUD application which we expect to submit to the City in late spring or early summer. As the fmal 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 reyiew, Absent an extension of the residential project's vested rights, however, Aspen Land Fund will haye 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 fmal 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 ~. d:eJ\\'\W ~dM ~~tfl ~J1IJJo. OAVVl ~ 1.lCV7 C~ fJ3lO~ APPROVED cc: John Sarpa, Aspen Land Fund II, LLC Arthur C. Daily, Esq, c: \oldc\ bus\city .ltr\ltr45303 .cb2 MAR 0 I' Z006 COMMUNIT'i DEYElJP!.lf:N I UItiC" I \.A; CITY OF fSPEM o o AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26,304.060 (E), ASPEN LAND USE CODE ADDR"'D"'O,,""" 5e>"~ ~.w, SCHEDULED PUBLIC HEARING DA;E~ SI:B: c;j- 5uh Aspen, CO ,200_ STATE OF COLORADO ) ) ss, County of Pitkin ) I,~ 4-~AA..Q c L I'AC..}/- (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, I I _ Posting of notice: By posting of notice, which form was obtaine(~ from the Community Development Department, which was made of suitabl~, waterproof materials, which was not less than twenty-two (22) indes wide and twenty-six (26) inches high, and which was composed ofletters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously yisible 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. I I I _ 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 c1a~ 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 acf,Iresses 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) o o 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. The foregoing "Affidavit of Notice" was acknowledged before me this Z. flday of Aj?VlI ,20dt:7,by~ Wnh - PUBUCN01lCE RE: SO\JlH ASPEN sTREET SUBDMS10N A."lD PUD _ VESTED RIGHTS EXTENSION NOTICE IS HERE1 CJVEN that a public hearingwlllbeheldon lOllday,May8,2Ol.l6,ala meeting to begin at 5: p,m. before the Aspen CIty Council. City Co ell Ctwrlbers, CIty ~a1I. 130 5 Galena St.. As n. to consider an apphca- tlon ~ubmitled by As 1\ Land Fund II, UC, 300 SprlngSIrf'rl,Suite 301. Aspen, CO 81611. whlC~ 15 lhe owner ullhe subject property. The Apph- cantrequeslsaone~arex\enslon(untiIJuly28, 211111) 01 Ihelr vested rights to dl'VeloP the slle with their approved development plan 01 tour. teen (14) lree-market lownhomes and seven.teen (17) allordable housing units. The property IS Ie- lIallyde$Cribedas BIOCk,6 of the f.ames Addition 10 lhe Cily and TownSite 01 Aspen. Lots 7.12. Block II, Eames Addition 10 the City alld Town- 'lito! Aspen,arniLots 13-20, Block II, F,aJllt!I Ad- dltlon to Ihl' Cily aI1d Townsite 01 Aspen. For further lnlormatlon, contact Jennifer Phelan althl' City 01 Aspen Communlly ()ev1'10pment1Jo:o.. parlment, 130 5, Gall.""" St., A..~l~' CO, (910) 429- 2759, il."nnill."ptkL"~~t"~~~~ K. Klandl'rud, Mayor Aspl"llCllyCOUllcll Published In the n llmesWt:ckly on April 23,2006.(3648) WITNESS MY HAND AND OFFICIAL SEAL M;r:iSSion expires: ~I ?-~~ L" c:?~bY\~ Notary Public /( C!~~.~:1po IA.<-....~ 'T )-'.0 ':~ ATTACHMENTS: I I I , I I COPY OF THE PUBLICA T/ON I r.8y COlTlrnlssion Expirns 09J2S'200ll 4PH OF THE POSTED NOTICE (SIGN) L,,,, vr~1 iiI'; UWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL I I I -' -.... ~ "'-.., 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 SubdivisionlPUD Vested Rights Extension Dear James: Please consider this letter an application to extend the vested rights for the South Aspen SubdivisionlPUD, 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 I, Pre-Application Conference Summary, attached hereto). The application is submitted pursuant to Section 26.308,OlO.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 approyal is yested until July 28, 2006, the project's final plat, PUD development plan, and subdiyisionlPUD agreement were to haye been recorded no later than January 24, 2004. This deadline, howeyer, 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- tiyely. 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 . " '""",/ 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 alternatiye 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 26.308.01O.C. of the Regulations, the City Council may by resolution at a public hearing approye 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 SubdivisionlPUD'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 haye 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 actiyely 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. .,....".... .' ~'.... ".<Jf' 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 approyal's yested 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 remoyal of its tenants. Giyen 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 approyal. Please note that the PUD agreement for the hotel project will vacate and abandon all prior approvals associated with the residen- tial project. ," '" " '-,..,F 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, cc: John Sarpa Arthur C. Daily, Esq. c, loldclbuslcity. applapp45303 ,jll PLANNER: PROJECT: REPRESENTATIVE: TYPE OF APPLICATION: DESCRIPTION: Land Use Code Section(s) Section 26,304 Section 26,30B,010(C) EXHIBIT CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY ~ " 3 / James Lindt, 429-2763 DATE: 3/14/06 South Aspen Street PUD Vested Rights Extension SunnyVann 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. Common Development Review Procedures Extension or Reinstatement of Vested Rights Staff for complete application, Community Development Director for recommendation to City Council. City Council for final decision on the vested rights extension. Yes. None, Deposit of$I,350 for 6 hours of staff time, None. $1,350 (Additional honrs are billed at a rate of $225,00 per hour). Review by: Public Hearing: Referral Agencies: Planning Fees: Referral Agency Fees: Total Deposit: 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 II" 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 mayor may not be accurate. The summary does not create a legal or vested right. B 1004~268 "'"",...... .- . . ~ 3 EXHIBIT 2 Jmuyers l1tle Insumnce @rR1Q.~QD At T A 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-F AX 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 Jawyerslfde Insumnce@!R9El.t!Qn Home Office: 101 Gateway Celltre Parkway, Gateway aile Richmolld, Virgiuia 23235-5153 1-800-446-7086 ./, ''','' " COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1, Effective Date: March 6, 2006 at 8,00 AM Case No. PCT15438PR2 2, Policy or Policies to be issued, Proposed Insured: Amount$ 0.00 Premium$ 0.00 Rate: (a) AL TA Owner's Policy-Form 1992 Proposed Insured: Amou nt$ 0,00 Premium$ 0,00 Rate, (b) AL TA Loan Policy-Form 1992 Proposed Insured: Amount$ Premium$ Rate: (c) ALTA Loan Policy-Form 1992 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 Schedule A-PG,1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. AUTHORIZED AGENT Countersigned: ~ , " - 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 53020'28" East 814,56 feet; thence along the Southerly right of way line of Dean Avenue S 75009'11" E 330 feet to the Westerly right of way line of Aspen Street; thence along said right of way line of Aspen Street S 14050'49" W 130 feet to the Northerly right of way line of Juan Street; thence along said right of way line of Juan Street N 75009'11" W 330 feet to the Easterly right of way line of Garmisch Street; thence along said right of way line of Garmisch Street N 14050'49" 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 53020'28" E 814.56 feet, more or less; thence along the Southerly right-of-way line of Dean Avenue S 75009'11" 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 14050'49" 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 75009'11" W 298.20 feet, to the Southeasterly corner of that parcel of land described in Book 232 at Page 362; thence N 40021'11" 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 14050'49" 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 53020'28" East 814.56 feet more or less; thence along the Southerly right of way line of Dean Avenue S 75009'11" 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 14050'49" 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 75009'11" 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 14050'49" 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 53020'28" E 814.56 feet. more or less; thence along the Southerly right-of-way line of Dean Avenue S 75009'11" 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 14050'49" 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 75009'11" W 298.20 feet, to the Southeasterly corner of that parcel of land described in Book 232 at Page 362; thence N 40021'11" 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 14050'49" 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 75009'11" W 181.25 feet; thence S 14050'49" W 78,00 feet; thence S 03055'43" W 164,99 feet; thence S 75009'11" E 150.00 feet; thence N 14050'49" 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 14050'49" 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 03055'43" E 164.99 feet; thence N 14050'49" E 78.00 feet; thence S 75009'11" 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 75009'11" E 180,00 feet along the Northerly boundary line of said Block 11; thence S 14050'49" W 100,00 feet along the Easterly boundary line of said Block 11; thence N 75009'11" W 180.00 feet along the Southerly boundary line of said Lots 7-12 to the Southwesterly corner of said Lot 7; thence N 14050'49" 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 550 E a distance of 0,7 feet; thence N 14050'49" 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 75009'11" 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 14050'49" 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 75009'11" 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, , AND The vacated alley situated in Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN. :; ~ s EXHIBIT .~ , 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 SubdivisionlPUD, 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 V~v-L \. /MO{QiJ j Yjf1<i foy c: loldclbus Icity ,ltrlltr45303 ,jll ... EXHIBIT , j 11 D D . ~ LAND USE APPLICATION APPLICANT: Location: ~ ~N/'? r=-~~ c:..u:::; C--:: ~~ 777Ze ~~..~l}n""~S4r (Indicate street address, lot & block number, legal description where appropriate) Name: ParcellD # (RE UIRED) REPRESENTATIVE: Address: V~~ --1~'/--17tb~ -' ~Gc.> ~ e: ~/1i'~ ~d5 '. ~ a:> 8/~// 9g.t$~~9-r;e ' Name: Phoue #: PROJECT: Name: /~ '7?/ S~5PF~;;,-~/5'/~~ Address: Phone #: ~~I- - 8:3:rc:::: TYPE OF APPLICATION: (please check all that apply): D Conditional Use D Conceptual PUD D Conceptual Historic Devt. D Special Review D Final PUD (& PUD Amendment) D Final Historic Development D Design Review Appeal D Conceptual SPA D Minor Historic Devt. D GMQS Allotment D Final SPA (& SPA Amendment) D Historic Demolition D GMQS Exemption D Subdivision D Historic Designation D ESA - 8040 Greenline, Stream D Subdivision Exemption (includes D Small Lodge Conversion! Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane D Lot Split D Temporary Use [!:( Other: D Lot Line Ad'ustment D T extIMa Amendment V~flK~ M( EXISTING CONDITIONS: (descri tion of existin ~ ~Y'you attached the following? ~ Pre-Application Conference Summary ~ttachment #1, Signed Fee Agreement D ..Response to Attachment #3, Dimensional Requirements Form ~Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards FEES DUE: $ ~ :l~ - EXHIBIT ,," .,,",...... ] j ? CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Al!reement for Payment of City of Asoen Develooment Aoolication Fees ~~A//.A^///~ c:..../C,. CITY OF ASPEN (hereinafter CITY) and ~ -" ~ 7' ----" '" (hereinafter APPLICANT) AGREE AS FOLLOWS: I. ~ICANT has submitted to QIT..an ~~~ VI :;;r' ~ ~/<!7H7~ (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 detennination 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 andlor 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 andlor 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 9~ination of application completeness, APPLICANT shall pay an initial deposit in the amount of ~: G'> ~hich is for _ <::. hours of Community Development staff time, and if actual recorded 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 pe its be issued until all costs associated with case processing have been paid, Chris Bendon Community Development Director APPLICANT ~~ ~c;5~ ,.4 r L--q-?<l Pt-...'1 d Jr Date: 3 1/ :/::,.<; Billing Address ~ Tei:one Number: Reauired CITY OF ASPEN By: By: g: \su pport\forms\agrpayas,doc 11/30/04 ~4.~~ <<Y~:3cY / ~~ C6 c!5/C// . J~m and Smudge Free Printing Use Avery@TEMPLATE S160@ ","'" 124 E DURANT AVENUE LLC C/O WOGAN WENDY 533 W FRANCIS ASPEN. CO 81611 ALPINE BANK ASPEN 600 E HOPKINS AVE ASPEN. CO 81611 ASPEN SKIING COMPANY LLC PO BOX 1248 ASPEN. CO 81612 BERHORSTJERRY BERHORST CAROLE 7161 LINDEN MERE 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 MALlBU, CA 90265-5342 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 @09~S @AlIaJ\V ~ - EXHIBIT www.avery.C'...."U 1-800-GO-A \ - ,; D D S cP ---'" 710SASPENLLC 314 S GALENA ST STE 200 ASPEN. CO 81611 ALOHA MTN C/O WORLD 369 MONTEZUMA #214 SANTE FE. NM 87501 AL YEMENI MOHAMMED & ALICE 3109 OAKMONT DR STATESVILLE, NC 28625 APRIL FAMILY TRUST 1/4 INT 3501 S 154TH ST WICHITA. KS 67232-9426 BARBEE MARY K L1V TRUST 625 SKYLINE DR CODY, WY 82414 BENT FORK LLC C/O FESUS GEORGE POBOX 9197 ASPEN, CO 81612 BIEL ALEXANDER L & LEE M 381 LOVELL AVE MILL VALLEY, CA 94941 BILLINGSLEY FAMILY LP 1206 N WALTON BLVD BENTONVILLE. AR 72712 BOURGAULT MARY JANE 555 E DURANT AVE #4J ASPEN, CO 81611 BRENNAN JACQUELINE NANCY 31 TRAINORS LANDING ASPEN, CO 81611 BRITTON CARl PO BOX 12131 ASPEN, CO 81612 BRUMDER PHILIP G & ASMUTH ANTHONY QUARLES & BRADY C/O 411 E WISCONSIN AVE STE 2500 MILWAUKEE, WI 53202 CABELL JOE C/O CHARTHOUSE 1765 ALA MOANA BLVD HONOLULU, HI 96815 CAIN DOUGLAS M CAIN CONSTANCE MOFFIT TRUSTEES 1960 HUDSON ST DENVER. CO 80220 CASPER MARY LYNN 124 E DURANT #4 ASPEN. CO 81611 CHAPLIN ARLENE & WAYNE 212 E DURANT AVE #D ASPEN, CO 81611 CHRISTENSEN CINDY 109 JUAN ST ASPEN, CO 81611 CHU FAMILY TRUST 2/3 INT LU NANCY CHAO TRUST 1/3 INT 38 CORMORANT CIR NEWPORT BEACH, CA 92660 COHEN ARTHUR S IBSEN 72 MEXICO CITY MEXICO, 11560 CROW MARGERY K & PETER D 46103 HIGHWAY 6 & 24 GLENWOOD SPRINGS, CO 81601 A1I3^"-09-008-~ woo"AaS^e"MMM lIt09tS l!.leqe6 "I zas!llln BDldeJa6pu:>a5 e 19 a6p.JJnoal1ue UOl55aJdwI - - Jam and Smudge Free Printing Use Avery@TEMPLATE S160@ CULPEPPER LAND & CATTLE COMPANY 300 PUPPY SMITH 203 PMB 302 ASPEN, CO 81611 DAVIS CAROL L 9182 OLD KATY RD STE 215 HOUSTON. TX 77055 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 GINSBURG ANNE C & ROBERT B 7933 YORKSHIRE CT BOCA RATON. FL 33496-1323 GRANT BROTHERS LLP 436 COFFMAN STE 200 PO BOX 908 LONG MONT, CO 80502-0908 ",09~S OllAM;:lI^" ~ - ~ AVERY@ S160e '. - www.avery.r~ '" 1.S00-GQ-A" CYS RICHARD L AND KAREN L 5301 CHAMBERLIN AVE CHEVY CHASE. MD 20815 CZAJKOWSKI MICHAEL CZAJKOWSKI SANDRA J 90 LA SALLE ST APT 16G NEW YORK, NY 10027 DOLlNSEK JOHN 619 S MONARCH ST ASPEN, CO 81611 DONCER JOYCE TRUST 7641 W 123RD PL PALOS HEIGHTS. IL 60463 EAST JAMES COLLIER TRUSTEE 5800 R ST LITTLE ROCK, AR 72207 ELDER TRUST ELDER JERRY TRUSTEE PO BOX 308 LA JOLLA, CA 92038-0308 ELLIS PAUL DAVID 100 E DEAN ST #2F ASPEN, CO 81611 ETKIN DOUGLAS M & JUDITH G 29100 NORTHWESTERN HWY STE 200 SOUTHFIELD, MI 48034 FARINO CAROL PO BOX 10421 ASPEN, CO 81612 FARR BRUCE K & GAIL H PO BOX 5142 ASPEN, CO 81612 FELDMAN SELMA 300 S POINTE DR APT 2403 MIAMI BEACH, FL 33139-7329 FLETCHER KAREN K & JAY R PO BOX 3476 ASPEN. CO 81612 FRIEDKIN THOMAS H PO BOX 4718 HOUSTON. TX 77210-4718 GARMISCH LLC 5720 EXECUTIVE DR BALTIMORE, MD 21228 GILBERT LAUREL E 1301 WAZEE ST #2E DENVER. CO 80204-5812 GILLESPIE 'JOHN E REVOCABLE TRUST 775 GULFSHORE DR #4219 DESTIN, FL 32541 GLICKMAN EDWIN C 2322 LAZY 0 RD SNOWMASS. CO 81654 GOLDSMITH ADAM D 673 JOHNSON DR ASPEN, CO 81611 GREINER JERRY M GREINER TERESA U 330 BICKLEY RD GLENSIDE. PA 19038 GROOS NICHOLAS 0 210 N INDUSTRIAL PARK RD HASTINGS, MI 49058 A1I3^"-09-00S-~ I. .n.....,( I~AD.AA AAAA iIl>09~S weqe6 91 ZllS!liln ~nll"DI.:::IlnDII"'::M: D '1:::1 :::aF.Dllnnnl,IID IlnIC~::IlII'II.1I - PUBUC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public 01 the approval 01 the extension of a vested prop- erty right pursuant to the lMid Use Code 01 the City 01 Aspen and ,itle 24, ArtiC:2 68, Colorado Revised Statutes, 01 a sitespecilic development plan, pertaining to the following described prop-- erty: Block 6 01 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 01 the City Council numbered 36,Serles of2006,on May 8, 2006. The Applicant received a one year exten- sion 01 his vestedrighlsuntiIJuly28,2007,to de- velop the site witb their approved development plan of fourteen (i4) free-market townhomes and seventeen (17) affordable housing units. For further lnlormatlon contact Jennller Phelan, at the CIty of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920- 5090. s/CityofAspen Published in the Aspen Times Weekly on May 14, 2006.(3706) Jam and Smudge Free Printing Use Avery@ TEMPLATE S160@ HANG TEN ADVENTURE 809 S ASPEN ST #2 ASPEN. CO 81611 HElM 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 L1BA 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 LARKIN THOMAS J & MARYANN K 1 SHELDRAKE LN PALM BEACH GARDENS, FL 33418-6820 ",,09LS ""A)OI~^W ~ - www.averyJ.....l1 1-800-GD-A ' " - ..' HARVEY JEFFREY & NANCY 711 S DEARBORN ST - #507 CHICAGO, IL 60605 HEIMANN GEORGE R 100 E DEAN ST #2E ASPEN, CO 81611-1967 HILL EUGEN DUBOSE III & JOAN LUISE TRST PO BOX 129 PRIDES CROSSING, MA 01965 HOTEL DURANT 122 E DURANT ASPEN, CO 81611 IMHOF FAMILY TRUST 2409 GREEN ST SAN FRANCISCO, CA 94123 JAMES FAMILY TRUST 1/4 INT 1 CASTLEWOOD CT NASHVILLE, TN 37215-4617 JUAN STREET HOMEOWNERS ASSOCIATION 119 JUAN ST ASPEN. CO 81611 KAUFMAN STEVEN 0554 ESCALANTE CARBONDALE, CO 81623 KULLGREN NANCY A 205 E DURANT AVE UNIT 2-C ASPEN, CO 81611 LCH LLC PO BOX 12393 ASPEN. CO 81612 A1l3^V-09ilOB-L ...__.r.___o.... ____ - ~ AVERY@ 5160<l!l HATCHER HUGH S 205 E DURANT AVE APT 2E ASPEN, CO 81611 HENDERSON BROTHERS LLC PO BOX 407 TROY, AL 36081 HINES TOM & CAROLYN 21 TRAINORS LNDG ASPEN, CO 81611-1652 IAVARONE GIANFRANCO & RITA 3410RIENTAAVE MAMORONI;CK, NY 10543 IMREM SUE GORDON TRUSTEE 219 E LAKE SHORE DR #5D CHICAGO,IL 60611 JOHNSON KERR I & DEREK 117 JUAN ST #1 ASPEN. CO 81611 KABERT INDUSTRIES INC PO BOX 6270 VILLA PARK, IL 60181 KINGSBURY FAMILY TRUST PO BOX 198 HOLDERNESS. NH 03245 LACY ROANE M JR PO BOX 367 WACO. TX 76703-0367 LE CHARD ALLAN P 1002 BUCKINGHAM RD GROSSE POINTE PARK, MI 48230 @09LS weqe6 91 Za5!1!l(l __...._. _c_..__.. _ __ _c._..____.._ .._.__........ Jam and Smudge Free Printing Use Aver/" TEMPLATE S160<lll LEONARD-PECK SHEILA KATHRYN RR 1 PO BOX 375-P VINEYARD HAVEN, MA 02568 LEVY HYMAN & GAIL PO BOX 1365 BOCA RATON, FL 33429-1365 LOCHHEAD RAYMOND R & EMILIE M 200 SHERWOOD RD PASO ROBLES. CA 93446 MACHUCA EDGAR F 11 TRAINORS LANDING ASPEN,CO 81611 MCCARTNEY BRENDA DAHL 113 JUAN ST ASPEN, CO 81611 MENDEL M MARK MENDEL GRACE A - JT TENANTS 1620 LOCUST ST PHILADELPHIA, PA 19103 MOORE JOHN W 50% 10426 WHITEBRIDGE LN ST LOUIS, MO 63141 MURRAY DENIS PO BOX 3770 ASPEN, CO 81612 NOREN LARA L & STEPHEN C 10927 BRIGANTINE DR INDIANAPOLIS. IN 46256-9544 ONEILL ROGER PO BOX 711 LAKE GENEVA, WI 53147-3579 ~nQl( ^"J1.~I::IAW ~ - www.avery.cnrn 1-80Q..GO-A' - LEVIN BARTON J AND NANCY M 701 S MONARCH ST #6 ASPEN, CO 81611 LIBMAN KENNETH J 65 CENTRAL PARK WEST #1 E NEW YORK. NY 10023 LUNDHOLM KERSTIN M 115 JUAN ST ASPEN, CO 81611 MAGES LAWRENCE M & MARY K 84% MAGES ELIZABETH J 16% 216 LINDEN AVE WILMETTE, IL 60091 MCCONNELL THOMAS W & KAY L 38140AKHILLS BLOOMFIELD HILLS, MI 48301 MITCHELL ELSA R PO BOX 2492 ASPEN, CO 81612 MORGAN MICHAEL L 115JUANST ASPEN, CO 81611 NITSCHKE RUPRECHT TRUST 50% 7107 FRANKLIN ST MIDDLETON. WI 53562 OLSON PAUL & DIANE CANEPA PO BOX 128 BRECKENRIDGE, CO 80424 PASCO PROP LLC SMITH PATRICK A POBOX 850 ASPEN, CO 81612 ^1I3^,9'-o9-0OS-~ - ..........& ..",aD'AAAAAA ~ AVERY@ S160<lll LEVY HELEN JOAN TRUST 421 WARWICK RD KENILWORTH,IL 60043-1145 LIFT ONE CONDOMINIUM ASSOC 131 E DURANT AVE ASPEN, CO 81611 MACDONALD KENNETH HUGH REV TRUST 44 W HANNUM SAGINAW, MI 48602 MCCALL CAROLYN E 100 E DEAN ST#1E ASPEN, C081611 MCKENZIE BART 4840 30TH ST ARLINGTON. VA 22207-2716 MONIGLE ETHEL M 3200 OHIO WAY DENVER. CO 80209 MULKEY DAVID A DR TRUSTEE 2860 AUGUSTA DR LAS VEGAS. NV 89109 NOBLE GUY T PO BOX 9344 ASPEN, CO 81612 ONEAL PROPERTIES LLC 8100 E CAMELBACK RD #31 SCOTTSDALE, AI. 85251-2773 PINES LODGE DEVELOPMENT LLC 2353 IRVINE AVE NEWPORT BEACH. CA 92660 GIl09~S ~!Jeqe6 81 zas!l!m aDld~.J R6~u:la5 ~ 19 a61!JJnoallue uOlssaJdwl Jam and Smudge Free Printing Use Avery@TEMPLATE 5160@ "" .,./ PINNIGER SIMON S & SIMON PO BOX 10420 ASPEN. CO 81612 ROARING FORK PROPERTIES C/O HOWARD A WILL JR 5055 26TH AVE ROCKFORD,IL 61109 ROSE JON E ROSE RITA L 303 MAGNOLIA LAKE DR LONGWOOD. FL 32779 S C JOHNSON AND SON INC TAX DEPT 412 1525 HOWE ST RACINE. WI 53403 SCHAYER CHARLES M III 588 S PONTIAC WAY DENVER, CO 80224 SEMRAU TIMOTHY & HEIDI ROBBIN 58 TRAINORS LANDING RD ASPEN. CO 81611 SHADOW MOUNTAIN AERIE PARTNERSHIP LLP C/O ARTHUR J & PAMELA T WASHINGTON 21 BRIARCLlFF RD LARCH MONT, NY 10538 SHINE FAMILY LLC 8677 LOGO 7 CT INDIANAPOLIS, IN 46219-1430 SKIERS CHALET LLC C/O R J OCALLAHAN 125 E 7TH ST #100 PUEBLO. CO 81003 SMITH RONA K 1742 HILLSIDE RD STEVENSON, MD 21153 ~Q9L~ ""AJoI"'^W ~ - www.avery.r-", 1-80D-Go-A ' - RINGSBY GRAY PO BOX 1292 HAIKU. HI 96708 ROBERT FAMILY TRUST 1/4 INT 771 FERST DR ATLANTA. GA 30332-0245 RUDERMAN ERIC P & MIMI E 1536 OGOEN ST DENVER. CO 80218-1406 SALlTERMAN LARRY & NANCY 603 S GRAM ISH ASPEN, CO 81611 SCHERER ROBERT P 111 217 GOLDEN ROO AVE CORONA DEL MAR, CA 92625 SETZLER ALEX 33901 MARIANNA DR #11 DANA POINT, CA 92629 SHEFFER BARBARA & DOUGLAS PO BOX 250 ASPEN. CO 81612 SILVERMAN MARC A & MARILYN L 937 DALE RD MEADOWBROOK, PA 19046 SLOAN SUSAN MARIE 500 S ORANGE AVE SARASOTA, FL 34236 SOLONDZ TAMI S PO BOX 2829 ASPEN, CO 81612 A1I3^,lf-09-OOS-l - ............6........,......... \i\ AVERY@ 51604!l ROARING FORK MOUNTAIN LODGE ASPEN LLC TWO CREEKS BLDG 0021 BURNT MTN CIR SNOWMASS VILLAGE. CO 81615 ROBLES ENRIQUE ALVAREZ ALVAREZ CRISTINA MONTES URALES 350 LOMAS CHAPUL TEPEC MEXICO OF MEXICO. 11000 RYAN ELIZABETH H 1/21NT COPE G RICHARD & NANCY M 1/2 INT 419 WINNEBAGO DR JANESVILLE, WI 53545 SCHAINUCK LEWIS I & MICHELLE T 2900 OCEAN BLVD CORONA DE MAR. CA 92625 SCHROEDER C M JR SCHROEDER BETTY ANN 3629 ROCKBRIDGE RO COLUMBIA, SC 29206 SEVERY REV TRUST 70,39% 30 DEXTER ST DENVER, CO 80220 SHENK ROBERT 0 290 HWY 133 CARBONDALE. CO 81623-1530 SIMON HERBERT REV TRUST 8765 PINE RIDGE DR INDIANAPOLIS. IN 46260-1778 SM-15 SEELBACH WILLlA - C/O 45000 S WOODLAND CHAGRIN FALLS, OH 44022 SOUTH POINT CONDOMINIUM ASSOCIATION 205 E DURANT AVE #2F ASPEN, CO 81611 @09l5 t!Jeqe6 ill zilsmm :an.,-IuI .::aIFiDII"'l:K: U "'.::a.::aRUllnnnl'lIIP Ilnlcc;lilltllll Jam and Smudge Free Printing Use Avery@TEMPLATE 5160@ SOUTHPOINT-SUMNER CORP 4828 FORT SUMNER DR BETHESDA, MD 20816 STARK RENEE A 432 W HOPKINS AVE ASPEN, CO 81611 STRAWBRIDGE GEORGE JR 3801 KENNETT PKE BLDG #B-l 00 WILMINGTON, DE 19807 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 - A TTN: 6420 STAUDER CIR EDINA, MN 55436 VANDER WALL DEAN ROBERT & BEVERLY J PO BOX 189 LONE PINE. CA 93545 WANK SARAH TRUST C/O WANK JORDAN 14431 VENTURA BLVD #162 SHERMAN OAKS. CA 91423 WOLF FAMILY TRUST 12/23/1986 1221 MYRTLE AVE SAN DIEGO, CA 92103 WOODSON TAT JANA 0 POBOX 125 TETON VILLAGE, WY 83025 ",09~S Oll.A.M"lIAl# ~ "., , .." - www.avery.r-.t:t:) 1-80D-Go-A\ - 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 TELEMARK APARTMENT 2 LLC 3910 S HILLCREST DR DENVER. CO 80237 TOWNE PLACE OF ASPEN CONDO ASSOCINC 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 WHITE JALEH THICKMAN DAVID 152 E DURANT AVE ASPEN. CO 81611-1737 WOLTIN ROBERT 2701 AQUA VISTA BLVD FORT LAUDERDALE. FL 33301 WOW LIFT ONE LLC C/O WARSTLER ROBERT T 10 WINDJAMMER LN MT ARLINGTON. NJ 07856 A1I3^V-09-00S-~ - ...,.....~.""'.D....... @ AVERY@ 5160@ 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 0 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 MBC STE M ASPEN, CO 81611 WALDRON GAIL YN L TRUSTEE PO BOX 7964 ASPEN, CO 81612 WILLETTE NANCY 100 E DEAN ST #20 ASPEN, CO 81611 WOODING MERRITT B PO BOX 339 HOPE, NJ 07844 WRIGHT LISA PO BOX 3770 ASPEN. CO 81612 @09~5 weqe6 ill zils!lilO ""........~. -,::............... ""..- -"-.......---..... ..-.-............... Jam and Smudge Free Printing Use Avery@ TEMPLATE 5160@ - www.avery.Cf\m 1-80o-Go-A\ - WUGAL TER JOEL 3200 NORTH OCEAN BLVD #909 FT LAUDERDALE, FL 33308 ZALE MILTON TRUSTEE 3824 N ASHLAND AVE CHICAGO. IL 60613 @09!5 @AU3AY ~ A1l3^"-09-00B-~ WOJ",{J3Ae"MMM - - ~ AVERV@ 5160Gl> @09~5 weqe6 ill zasmm itDldeJ a6elD3s e 18 a6eJJnOQI1Ue uOlsswdwl EXHIBIT /...... ,..' '... ..~./ :l! " " 3 7 ORDINANCE NO. 32 (SERIES OF 2003) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE SOUTH ASPEN STREET SUBDlV1SION/PUD AND FINAL PLANNED UNIT DEVELOPMENT PLAN INCLUDING SUBDIVISION, GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS FOR AFFORDAIILE flOUSING ANIl Iu.:CONSTRUCTION OF A DEMOLfSlfED MULTf.FAMIJ.Y IIIJlLllING, RI~ZONING TO L{m WITII,\ PUll OVlmLAY, ANI) A SI'ECIAL IH~VII!:W TO ESTAIILlSII TIm A(1FOlmAIILI~ flOUSING I'ARKING ImQUIIH~MI~NTS FOI{ TflE 1'lwl'I~lnY TO In: DESCRIBIW AS PARCELS 1,2, AND 3, OF'rrm SOLJTII ASPEN STREET SLJIJDlVISION/PLJD, CITY AND TOWNSITE OF ASPEN, PITKIN COLJNTY, COLORADO. Parcel No. 2735-131-13-001 (Parcell) 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, 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 UfR, and Special Review to establish the off-street parking requirements for the property described as, Parcell: Block 6 of the Eames Addition to the City and Townsite of Aspen, Parcel 2: Lots 7-12, Block II, Eames Addition to the City and Townsite of Aspen, Parcel 3: Lots 13-20, Block II, Eames Addition to the City and Townsite of Aspen; and, WHEREAS, the development property consists of three (3) parcels zoned VIR 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 Connnission, 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, 1111111111111111111111111 ~~:~~~~1:~: 49~ SiLVIA DAVIS PITKIN COUNT':' CO R 51.00 D 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 Comll1unity Developmcnt Direelor, thc Aspl;n/Pitkin Counly Ilousing Aulhority, thc applicahlc rdcrral ageudc>t, and has lakeu and considerl;d puhlic WlI1ll1enl al ;1 pnhlil.: hearing; and, WIIElmAS, the City CoundllilllJs that Ihe develoj1meut pmposalll1l;l;[s or exceeds all applicablc dcvclopmcnt standards and that (hc approval of the devclopmcnt proposal, with conditions, is consistent with (he goals and clements of the Aspcn 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, TIIEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section I 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 SubdivisionIPUD, City and Townsite of Aspen, to UTR (Lodge/Tourist Residential) and rezoned Parcels 1, 2, and 3 of the South Aspen Street SubdiyisionIPUD with a Planned Unit Deyelopment (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 deyelopment of fourteen (14) free market town homes and seventeen (17) affordable housing units subject to the following conditions: 1. A SubdivisionIPUD 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\\\Il\\\lII'\' l'II'lm\\\ l\1"\ \\\\l\\l I !J\ 3:~~~~~0:~49A SILVIA Dl=lVIS PITKIN ~our>HY co . -".....".... ...,...# 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 agrcemenls and licenses wilh rcccplionnulllbcrs IlJr physical il11pl'llvclllcnls, and Ihc location ornlilily pcdcslals. b, ^n illustrativc sitc plan oi'lhc projccl showing Ihc prnposcd il11prnvcl1lcnls, landscaping (including all planlings, spccics, numbcrs, and localions), parking, and lhc dimcnsional requircmcnls as approvcd. c. A drawin 7 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. revised infrastructure pl;U;'jndicating that all road 'mprovements shall b ned. The plan shall also indicate that there s a e no super-elevated curves permitted. Juan Street and South Garrnisch Street (to the extent of Parcel I '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 I Proposed Development Requirement Minimum Lot Size 6,000 sf. Lot Area Per Dwelling 1,100 sf. per bedroom (81 bedrooms on , Unit 89,127 sf. of lot area that applies to density calculations) Minimum Lot Width 60 feet Front Yard Setback lOft, per parcel Side Yard Setback 5 ft. per parcel -- Rear Yard Setback lOft. per parcel Maximum Height 28 feet except where deed restricted Percent of Open Space 27% (cumulative over all 3oarcels) :49A SILVIA DAVIS PITKIN COUNTY CO - ~ Allowable External .83:1 (73,381 sf. cumulative over all three . FAR parcels) : AH Off-Street Parking 30 Parking Spaces (2 spaces for each dwelling unit of 2 or more bedrooms, and I space for each one bedroom and studio unit)( cumulative - over all three parccls) Free Markct On'-Slrecl 28 Parking Spaecs (2 spaces fi,l' eaeh dwelling Parking nnit of 2 or nmn: hedronl11s, and I space fill' eacl1nne hedrool11 and stndio IIl1it)(clIl11l1lalive over alllhree parcels) . - .....__.._.. ____..__.. _.___~.___M_ -,.-...- 4. The bllilding perl11 it application shall include the following: a. A copy of the final recorded Ordinancc, 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 remoyed 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 Connnunity 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 deyelopment is over an acre. J. A PM-l 0 mitigation plan for review and approyal by the Environmental Health Department or a cash-in-lieu payment in the amount to be calculated by the City Environmental Health 1111/ 111111I11111111111 "11111111111111111 1111111 ~~:1~~:;:? .9A lL/LQ D~W1S PiTKW ':l:JNTV co R 5.' 00 ' . , !. D 0.00 ..---, ,... Director that is to be used entirely to implement PM-lO 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, (" The Applicant shall agrcc thai there will bc no eonslrucliol1malerial or dUl1lpsters stored on the puhlie righls-of-wlIY lIIilcss a temporary encroaehllleut lieeuslJ is granteJ by thlJ City Engineer. In addition, the Applicant shall submit a fu/l set of conslruclioumanagcmlJnt plans as parI of the building permit application, anJ the lllanaglJmcn\ plans shall include a noise, dust control, and construction trafl1c and construction parking mal1agement plan which addresscs, at a minimum, the fo/lowing 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, Ifthere is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remoye 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 PUO) north ofthe intersection of Dean and Garmisch. \11\\\ nlll 111111 \\1\\1 III "III \UIU\ 11\ "III '11\ III 486407 Page: 5 of 10 ~8/04/2003 11:49A , . " - / 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 Applicanl slJal1 comply with the Aspen Consolidated Sanitation District's rules and re[lulalion~, Ifnew sewer lines are l'clJuired. thenlhe existing service lI1ust be excavaled ami disconnecled at the main sewer linc., No clear watcr cDllnections (roof, foundation, perimeter drains) shall be allowcd to drainlo ACSD lincs. All improvcmcnts below [lrade shall require the use of a pumping station, The Applicant shall install an oil and sand separator in the parking garage that mcets thc Aspen Sanitation District's standards. [n addition, the Applicant shall enter into a shared service agreement ifmore 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 deyelopment 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 approyed by the Aspen Consolidated Sanitation District prior to issuance ofa 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 Firs! 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 A venue/ 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 lUll 1 !IIII 111111111111 III 111111111111 III 11111 1111 1111 486407 Page: 6 of 10 OI:A /li\.u /?"'Ol~ ~'.1qO , ",..._, ~" .J Applicant shall also obtain a reyocable 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 developcr, 20, All exlcri"r lighling shalll11cel Ihc City of Aspen Lighting Codc rCljllircmcnls sci Illrlh in I.aml Usc C"dc Scclion 26,575.150, as may hc amcndcu rrom limc 10 limc. 21, Thc Applicant shall pay a proportional amount or thc applicable school land dedication fees as dctermined by the City of Aspen Zoning Onicer prior to buiJding pernlit issuance on each ofthe 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 Jj-ee 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 I shall also not be issued Certificates of Occupancy until the affordable housing units on Parcell have received Certificates of Occupancy. 23. The Applicant shall conyey an undivided fractional interest (one-tenth of one percent) in the ownership of the deed restricted employee housing units to the AspenlPitkin 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 AspenlPitkin 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 I 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 1\1111 II~n~\\ \!JI~DI\~ "~""t~~~t;~ .,,, F';' '" 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, The deed restrictions onlhe affordahle hOllsing units shall be delined hy the rcntal priee terms in the Aspen/Pitkin County A ITunlahle Ilousing Guidelines in alTed at the lime or Final!,1 Jf) approval. 27, The Applicant shall record a housing replacement agrcement which sets forth the terms and conditions by which the replacemcnt housing will be provided prior to demolishing the Mine Dump Apartments. 28. The most recent tenants ofthe Mine Dump Apartments who meet the Affordable Housing Guidelines for the proposed units shall be granted first priority through an intemallottery at the time of the initial rental of the replacement affordable housing units. 29. The Applicant shall erect signage and install pavement marking on Juan 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 deyelopment as determined by the Fire Marshal. The Applicant shall also install fire sprinkler systems and fire extinguishers that meet the requirements ofthe 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 reyocation of the road's I 5-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, I 111U1 11111I 11111 II il II 11111 111111 II Jill t;~~~~;1;~ 5I~VIH Jf.WlS PITKIN COUNn .co R 51.00 D 0.00 :.d9A 35. The Applicant shall proYide 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 Parcell'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 of any trees 10 he saved. a. The City Forester or his/her designce I11US[ inspectlhis fence bef(lre any construction activities COl11mcncc, 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 shan be installed on the western property boundary of Parcels 1 and 2 between Parcels I and 2 and the Barbee Family Subdivision Property. The fence shan 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 ;ite including the Park proposed on Parcel I, 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 tills 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 proyision 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. 111\ 11\ \ 'Hll \\1\ i II III \11\11\ \\\11\\1 II \ ~J }:~:~~~~ir: A"" n ViH DQV15 P:iTK:\l COl~,Y co R ~. , ,"''''' . J 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. Allesl: FINALLY, adopted, passed and approved by a vote of three to zero (3-0), this 28th day of July 2003. ~.~~ Helen !in eru~ayor Attest: ~'. xti'i' /),,,. ~'. .- '" '/ 'J - ':- ) _ ,/f li,CzJ{.,<u--""", /, -~_ Kathryn s. ~h, City Clerk Approved as to form: /;. , / . //,FJ/L~ John P: Wor~ester, City Attorney \ \II\\\Il mIll' I'll' \\\II\\\J'tll\ II 111'\1 ~I ~,\ };~~j~0~: 1;0 49A SilVIA DAVJS PITK,N COUNT, c~ EXHIBIT #', '"" . . ii . 8, NOTICE OF DECISION TO: Aspen Land Fund II, LLC C/o Vann Associates FROM: Julie Ann Woods, City of Aspen Community Development Director James Lindt, Planner c.r- L--- RE: Extension for Recordation of PUD Documents Request- South Aspen Street PUD DATE: October 23, 2003 SUMM.A.RY 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 fmal PUD approval from the Aspen City Council on July 28, 2003, which is memorialized in Ordinance No. 32, Series of2003 (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 extensi on. 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 Stat! bel1eves thatllie request to extend the recordatIOn deadfme IS witlii1i the 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 fmding that the request has been made '" within the vesting timeline and there is a community interest for providing suCE-an extension, I' , 'i' _ \- . J,J /i/i..-J~--....... ~ . - ' . ;- Julij,Ann Woods, Comm"umty Development Director J ATTACHMENTS: Exhibit A - Ordinance No. 32, Series of 2003 Exhibit B - Letter of Request Ie;i <Co/<'---:> I Id-(" L~...... Date . - AP::-'=?Cl.:::.:C Or:.,. ~. 2 11 2003 CO~.jMlll,.p~ ' ". ('..'/ 1!:~E'VE..0:"),;j:t.ioiTD"-' ......,. '~1, (OC-.d~!:>- Ji1EC1C;.t , "....,;:N ......""'. ,..'..... ,...., MEMORANDUM TO: Chris Bendon, City of Aspen Community Development Director FROM: Chris Lee, Planner ()Ll.- Extension for Recordation of PUD Documents Request- South Aspen Street PUD RE: 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 [mal 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 proYiding 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 [mal 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 fmding that the request has been made within the vesting timelineand there is a community interest for providing such an extens' on. l~.I1].cf Date Chris Bendon, Community Development Director ATTACHMENTS: Exhibit A - Ordinance No. 32, Series of2003 Exhibit B - Notice of Decision for first Extension Exhibit C - Letter of Request APPROVED DEe 1 3 2004 COAII./l.tII1YroaWlIENT Otil:\;Jl.h aJy "ASPE/f 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 SubdivisionlPUD, Request for Extension of Recordation Deadline Dear Chris: Please consider this letter a formal request to extend the recordation deadline for the fmal subdivisionlPUD documents for the South Aspen Street SubdivisionlPUD, 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 Deyelopment 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 fmal subdiyisionlPUD documents for the South Aspen Street SubdivisionlPUD were to have been recorded within one hundred and eighty (180) days of the receipt of fmal 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 fmal plat, PUD development plan, and subdivision/pun agreement were to haye 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 approyal 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 yarious 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 r;" .',........ / 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 fmalize, 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 sixp; (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 eyent the City Council approyes 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, S,LLC Pff~: Ch~~ ~~ ~.I~ {tff; SV:cwv Attachments APPROVED cc: John Sarpa, Aspen Land Fund II, LLC Arthur C. Daily, Esq, ,'-," . !; 2005 hU't J Co c: loldclbuslcity .Itrlltr45303, cb3 COMMUNli, v_ ,c,0Pt.!ENT00tIi1I.M ClT't' OF ;SP'OH ,-.., .-."'~" .....---" 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 SubdivisioniPUD, Request for Extension of Recordation Deadline and Vested Rights Dear Chris: Please consider this letter a request to extend the recordation deadline for the fmal subdivisioniPUD documents for the South Aspen Street SubdivisioniPUD, a free market residential/affordable housing project, and to extend its yested rights. The request is submitted pursuant to Sections 26.480,080,E., 26.445.070,A and 26.308.- OlO.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 yested rights. A public hearing, howeyer, is required to extend a project's vested rights.. The final subdivisioniPUD documents for the South Aspen Street SubdivisioniPUD were to have been recorded within one hundred and eighty (180) days of the receipt of final City Council approval. Final pun 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 subdivisioniPUD 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 0...-...., " / Mr. Chris Bendon, Director March 6, 2006 Page 2 All of the recordation deadline extensions were granted to accommodate the City's ongoing reyiew 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 approyed 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 yested rights, howeyer, Aspen Land Fund will have no choice but to submit a building permit application in order to maintain the prior approyal's vested rights status. Accordingly, Aspen Land Fund respectfully requests that both the recordation deadline and yested 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 fmal 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 approyals. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, ann, AICP ~ ckJ\\V\iJ ~u\M 10 ~dl7JJJ 1IV{; , CMW1 ~ ~.l~ ~~ APPROVED cc: John Sarpa, Aspen Land Fund II, LLC Arthur C. Daily, Esq. C: \oldc\bus\city .ltr\ltr45303 .cb2 MAR 0 {. 2006 COMMUNITY DEVELJPIlt:N 1l!1Ii~'" I ~ CITY Of ASPEH i#"" - ......... ...... >X 9)' ~ 0 . IIIIl :~~ ;;:1 '4!? Routing!:!;"",. I J;ondtion, Subfe<mit, i ltaluotioo Ma~ I Royting StaIu. I ArchIE"" I Parcels I p.;,.,;, Type laslu ..':1Asl>6fl Land Us. 2004 AddI"" I P1.4lf~ Comment I Cu,'omer Rogue" I Curlom F,eIdt I F.,.. i F.. Summarj/ Pemil # 100152006.ASLU AoVSule! Attacbments echom ^ C~y Peunill ntormation MasterPetm~ Project D"",,;ptioo \iESTED RIGHTS EXTENSION. SOUTH ASPEN ST SUBDIVSIONIPUD Zip Routing Queue laslu06 Aopiad 103/2012006 Subrrulted !SUNNYVANN 925.s33ii.---"-"- r V_ontl1eweb? Dock fA~ Oa.ys , Petm~ 10: j 37916 Approved I<sued Fi'lal E><p<es 103/1512007 !..J Last NamelASPEN lAND FUND. LLC !..J Firs' Name Phone fl970J 544"1797 W OwnellsApplic.anl? App.,.... Larl Name!ASPENlAND FUNO:rLC" P",ne 11970] 544T797~ Cus' # pOll S SPRING ST ,301 JASPEN CO 81611 I300TSPR'NG-Sr~---"---"- ,1301 I ,ASPEN CO 81611 v } Record 1 011