HomeMy WebLinkAboutcoa.lu.ex.Sagewood Exemption, LotsQ,R&S.1973SAGEWOOD EXEMPTION ORD. #19
REVIEW
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RECORD OF PROCEEEDINGS 100 Leaves
F /'k •' LE. K KFI B. S.. L. CI _
Regul«rsMeeting AsEen Planning & Zoning October 2, 1973�
Drainage Plan Bartel request the Commission set a date for a public
hearing for final P & Z position of drainage plan.
Stated that this N•ras a significant document for Sub-
division review and Ordinance #f19 review. Would like
an adopted plan.
/ Public hearing date was set for. November 6th meeting.
J Sagewood Condo. - Ms. Baer explained that the Sa.gewood Apartments were
Exemption from located on Highway 82, across from the Villas (corner
Subdivision of 8th Street and 82). Stated that these were present -
Regulations ly apartments and owner wants to condominiumize.
Ms. Baer pointed out that the Planning Office had de-
termined that certain design qualifications were not
met: (1) approved drainage plan; (2) 2 required
parking spaces are accessed by 82 and people must back
out, and the remainder of the parking was off an un-
improved alley; (4) no submitted and approved landscape
plan.
Ms. Baer explained that the 2 parking spaces located
in front were partially on the City right-of-way.
Mr. Beck, attorney representing the owners, stated
there were two considerations for the Commission:
(1) tax base is higher for condominiums; (2) owner
would be divested of a considerable property right
without the exemption.
Beck further stated that he felt the exemption status
clearly covers this project.
Dorothy Rutherfo,-c:, partner in the project, stated
she would like to have local residents, but did not
want to limit herself to that. Further stated that
they did have a Resident Manager.
Chairman Adams stated that the Commission could
either deny the project, approve the project, or
approve it with conditions. Stated he would like to
leave the problem of parking to the Engineering De-
partment. Stated conflict with present density as
compared to proposed density.
Ms. Baer stated that since there was no land left to
be dedicated to the City, should consider cash dedi-
cation. Further stated that under Ordinance #r19,
have recommended mixed -residential for this area.
Vidal stated that he would agree to the project if
owners met the Planning Office requirements.
Lewis stated she would like to see parking on the east
side of the property.
Johnson stated lie would like to see the 4% cash dedi-
cation.
Lewis stated she would like to see the project become
resident hous i.r:(1 . pointed out the prices al-)I.to
bu very reasonable.
Ms. Baer stated the Ill -inning Office 47ould like to see
the contract approved by the City Attorney.
RECORD OF PROCEEDIHI'C;S 100 Leaves
r^w C F. M,IFCKFL N. B. h C. C).
Rcqular Fleeting � �Aspen Planning & Zoning October 2, 1973
Jenkins made a motion to approve the project on the
following conditions: (1) owners pave the alley;
(2) negotiate an acceptable parking plan subject to
City Engineer's approval; (3) supply drainage plan
to be approved by the City Engineer; (4) supply a
landscaping plan that also meets with the approval_ of
the City Engineer; (5) write into sales contract a
covenant restricting rental to not less than six
months. Motion seconded by Lewis. All in favor,
motion carried.
Ute Avenue Cond. - Mr. Murphrey, developer for the project, was present.
Preliminary Plat &.
Ordinance #19 Chairman Adams stated that he would like to see the
Review review under Ordinance #19 go to the newly formed
Advisory Board.
Ms. Baer pointed out that the Planning Office had
critical concern with the drainage. POinted out that
the ditch presently feeds the Glory Hole Park.
Ms. Baer further pointed out that the Planning Office
was requesting a setback of 20 feet.
Murphrey stated that they already were set back 18
feet, and there would be no problem with a setback of
2 additional feet.
Attorney Bruce Kistler was present, representing Mr.
Murphrey. Felt the rerouting could be approved by
the City Engineer.
Discussion followed on the preservation of trees on
the project. Murphrey stated that construction would
cause minimal removal of trees, and stated that trees
would be added to the site.
Murphrey stated that on their final plan, would sub-
mit a detailed landscape plan.
Johnson made a motion to approve the preliminary plat
for the Ute Avenue Condominiums with the following
conditions: (1) dedicate 10' of south side of the
property for future street widening; (2.) agree to
affiliate with future street and drainage improvement
districts; (3) require an agreeable ditch maintenance
and lease arrangement be made with City Engineer;
(4) City Engineer approve the drainage plan.
Motion was seconded by Geri Vagneur. All in favor,
motion carried.
Caribou Condo. - Ms. Baer pointed out that this project was located
Preliminary Plat & on South Monarch street, just below the Mountain Queen
Ordinance #19 Development. Stated that it was a 6-unit project, of
Review which four units have already been constructed.
Ms. Baer further pointed out that the building permit
had not been s:i_giied by a licensed contractor.
Chairman Adams questioned the Commission as to whethor
or not they would like to consider the project under
two seperate phases.
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CITY {-.F A S FEN
aspen,Colo,`ad01,81611 box v
November 23, 1973
Ms. Dorothy Rutherford
P.O. Box 431
Aspen, Colorado 81611
RE: Enclosed Agreement Granting Exemption from Subdivision
Regulations
Dear Ms. Rutherford:
Forgive my not getting this to you earlier in the week but I
am without a secretary. I hope this reaches you this week-
end so that if Mr. Beck arrives you can discuss it with him.
Please call me if you have any questions.
Very truly yours,
c as��?/�--'.��
Sandra M. Stuller
City Attorney
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A G R E E M E N T
Granting Exemption from Subdivision Regulations
For Sagewood Condominiums
WHEREAS, Section 20-10 (c) of the Aspen Municipal Code
provides that in a case where land being divided into condominium
interests has, prior to the effective date of the ordinance, been
platted into lots and blocks by plat recorded in the office of the
Pitkin County Clerk and Recorder, such division of land shall be
exempt from the definition of a subdivision when, in the judgment
of the Planning Commission, such platted land fulfills all perti-
nent design requirements contained in the subdivision regulations,
and
WHEREAS, Section 20-10 further provides that no exemption
shall be granted unless a written application therefor has been
submitted to and considered by the Planning Commission, and the
grounds for granting such exemption have been entered in the minutes
of the granting body by motion or resolution duly adopted, and
WHEREAS, the owner(s) of the Sagewood Condominiums have
made application for an exemption under the provisions of Section
20-10 (c) for the following described property situated in Pitkin
County, Colorado, to wit:
Lots Q, R and S of Block S, City and
Townsite of Aspen, and
WHEREAS, the Aspen Planning Commission did, at its meeting
held October 2, 1973, approve the condominiumization of the eleven
unit structure situated on the above described property provided
certain conditions were met, more specifically that:
(1) the owner(s) thereof pave the alley located on said
property;
(2) the owner(s) negotiate with the City Engineer an ac-
ceptable off-street parking plan;
(3 the owner(s)su 1 a drainage plan to be approved
, ) supply g
by the City Engineer;
(4) the owner(s) supply a landscaping plan that also meets
with the approval of the City Engineer; and
(5) that owner(s) write into all sales contracts for sale
of the condominium units a provision limiting rentals
of the units for periods not less than six (6) months;
and
WHEREAS, the City Engineer has examined a submitted drainage
plan and has discussed the off-street parking arrangements and has
made the following recommendations:
(1) that the existing 20 foot driveway on Hallam Street
should be closed and that an additional off-street
parking space should be provided by utilizing a por-
tion of the Eighth Street right-of-way. Entry will
be from the alley and usage will require approval by
the City Council. In addition, these modifications
will require the installation of 20 feet of new side-
walk and curb and installation of a retaining wall;
(2) that, inasmuch as the developed site will produce
over twice the historical runoff for the 100-year
storm, to reduce the peak runoff flow approximately
303 cubic feet of storage capacity should be provided.
This can be provided in the parking area by beginning
at existing grade at the east end of the lot and gradu-
ually sloping the lot to a depth of 6" below grade at
the west end. Some minor curbing and an outlet at the
extreme northwest corner of the site will be necessary.
Further, the alley must be crowned to prevent the run-
off excaping the detention area;
(3) that any landscaping should include plans for the dis-
continued parking area in the front of the structure
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and should provide for the planting of grass and de-
corative trees on the slopes on the east and south
sides of the building, and
WHEREAS, the City Engineer has approved a drainage plan, a
copy of which is attached hereto and made a part hereof, and has es-
timated the cost of the required improvements to be as follows:
(1) Sidewalks ............................$ 160.00
(2) Curb & Gutter Installation ...........$ 195.00
(3) Installation of Retaining Wall .......$ 75.00
(4) Implementation of Drainage Plan ......$.'240.00
(5) Alley Paving.........................$1080.00
(6) Landscaping ..........................$ 500.00
2250.00
WHEREAS, the Planning Commission has reviewed the City En-
gineer's recommendations and is satisfied that they will effectuate
the purposes of the subdivision regulation and satisfy the condi-
tions of the Commission, imposed at its October 2, 1973, meeting,
for the granting of an exemption to the subdivision regulations to
Sagewood Condominiums, and
WHEREAS, the owner(s) of the Sagewood Condominiums agrees
with the recommendations of the City Engineer and accepts the other
conditions imposed by the Planning Commission, and wishes to enter
into an agreement to formalize this acceptance.
THEREFORE, IT IS AGREED BY THE PARTIES HERETO, in consider-
ation of the mutual covenants contained herein:
(1) It is agreed•to by the owner(s) of Sagewood Condo-
miniums that:
a. all sales contracts for the sale of condominium
units of the Sagewood Condominium will contain a
provision limiting rental of the unit for a period
not less than six (6) months;
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b. he (they) will close the existing 20 foot drive-
way on Hallam Street and provide the required off-
street parking as recommended hereinabove by the
City Engineer. In furtherance of this plan ow-
ner(s) agree to install the estimated 20 feet of
new sidewalk and curb and install a retaining wall.
The agreed estimated cost of these improvements is
$430.00.
C. he (they) will implement the Engineer's drainage
plan recommendations hereinabove described and pave
the alley as required. The agreed estimated cost
of these improvements is $1,320.00.
d. he (they) will implement the Engineer's landscaping
recommendations hereinabove described. The agreed
estimated cost of these improvements is $500.00.
e. he (they) will, in order to secure the performance
of the construction and installation of the improve-
ments hereby agreed to, escrow the amount of $2,250.00
with the City of Aspen. In the event any portion of
the work and improvements have not been done or in-
stalled according to the conditions contained herein,
owner(s) agrees that the City may have such remaining
work and improvements completed with such means and
in such manner as it may deem advisable and the City
shall be reimbursed out of the funds so escrowed.
Provided,.however, that owner(s) may, in lieu of es-
crowing said amount, may submit a surety performance
bond which bond shall satisfy the requirements of
this paragraph if approved by the City Attorney.
(2) It is agreed to by the Aspen Planning Commission that it
does, upon full execution of this agreement, grant an
exemption to the subdivision regulations, pursuant to
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Section 20--10(c) of the Aspen Municipal Code, to the
eleven unit structure known as the Sagewood Condominiums,
provided that such exemption is subject to the owner(s)
full compliance with the terms of this agreement,
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals on the day and year herein noted,
Dated:
Dated:
by
THE SAGEWOOD CONDOMINIUMS
THE ASPEN PLANNING & ZONING
COMMISSION
by
Chairman
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DeeembeA 19, 1973
Donna Baer
PZann.ing and Zoning Dept.
City o � Aspen
Aspen, Coto.
Dean Donna:
Eneeosed is bie .typicat sates eonthact you tequezted {ion the Sagewood
Condominiums eonta�ni.ng the excuse ne sloe ii.ng teasing bon no tess .than
six months.
Ats o .this ee tten w.i Pt eon6i m .that I w.c £t tem,i t to ,the City o 6 As pen
6hom the pnoeeeds o6 .the 6.0 t sate ( which is now in pnoeess ).the
amount s.ti.putated in the agneement beiween Gage Behunin, Donothy
Ru,then{yond and .the City o4 Aspen jon exemption Anom subdivision.
YOUAA -tAu.ey,
�
Dono.thy Ruthensondo4d
P. 0. Box 431
Aspen, Coto.
The printed portions of this form approved by the
Colorado Real Estate Commission (S -71)
RECEIPT AND OPTION CONTRACT
(RESIDENTIAL)
RECEIVED FROM
Purchaser (as joint tenants), the sum of $ —_____ in the form of
to be held by _- -_._-_-_ broker, in his escrow or trustee account,
as earnest money and part payment for the following described real estate situate in the
County of , Colorado, to -wit:
with all improvements thereon and all fixtures of a permanent nature currently on the premises except as hereinafter
provided, in their present condition, ordinary wear and tear excepted, known as No.
which property purchaser agrees to buy upon the following terms and conditions, for the purchase price of
$ , payable as follows: $ _ _—hereby receipted for, $_
1. If a note and trust deed or mortgage is to be assumed, the purchaser agrees to pay a loan transfer fee not to
exceed $ and it is a condition of this contract that the purchaser may assume such encuin-
brance without change in its terms or conditions except
2. Price to include any of the following items currently on the premises: Lighting, heating and plumbing fixtures;
all outdoor plants, window and porch shades, venetian blinds, storm windows, storm doors, screens, curtain rods, drap-
ery rods, central air conditioning, ventilating fixtures, attached TV antennas, attached mirrors, linoleum, awnings,
water softener (if owned by seller), fireplace screen and prate, built-in kitchen appliances, wall to wall carpeting and
all in their present condition, free and clear of all taxes, liens and encumbrances except as provided in paragraph 4;
provided, however, that the following fixtures of a permanent nature are excluded from this sale:
3. An abstract of title to said property, certified to date, or a current commitment for title insurance policy in an
amount equal to the purchase price, at seller's option and expense, shall be furnished the purchaser on or before
, 19 If seller elects to furnish said title insurance commitment, seller will
deliver the title insurance policy to purchaser after closirg and pay the premium thereon.
4. Title shall be merchantable in the seller. Subject to payment or tender as above provided and compliance with
the other terms and conditions hereunder by purchaser, the seller shall execute and deliver a good and sufficient
warranty deed to said purchaser on , 19 ,
or, by mutual agreement, at an earlier date, conveying said property free and clear of all taxes, except the general
taxes for 19_—, payable January 1, 19--, and except
free and clear of all liens for special improvements now installed, whether assessed or not; free and clear of all liens
and encumbrances except easements for telephone, electricity, water and sanitary sewer, and except
and subject to building and zoning regulations, and restrictive covenants of record. Any encumbrance required to be
paid may be paid from the proceeds of this transaction.
5. General taxes for 19--, (based on 19 levy and 19 assessment), prepaid rents, water rents, sewer
rents, FHA mortgage insurance premiums and interest on encumbrances, if any, and _
shall be apportioned to date of delivery of deed.
No. SC 20-7-71 Receipt and Option Contract (Residential) —Bradford Publishing Co., 1824-46 Stout Street, Denver, Colorado-1-72
6. The hour and place of closing shall be as designated
7. Possession of premises shall be delivered to purchases
subject to the following leases or tenancies:
If the seller fails to deliver possession on the date herein specified, the seller shall be subject to eviction and shall be
liable for a daily rental of $ until possession is delivered.
8. In the event the premises shall be damaged by fire or other casualty prior to time of closing, in an amount of
not more than ten per cent of the total purchase price, the seller shall be obligated to repair the same before the
date herein provided for delivery of deed. In the event such damage cannot be repaired within said time or if such
damage shall exceed such sum, this contract may be cancelled at option of purchaser. Should the purchaser elect to
carry out this agreement despite such damage, such purchaser shall be entitled to all the credit for the insurance
proceeds resulting from such damage, not exceeding, however, the total purchase price. Should any fixtures or ser-
vices fail between the date of this agreement and the date of possession or the date of delivery of deed, whichever
shall be earlier, then the seller shall be responsible for the repair or replacement of such fixtures or services with a
unit of similar size, age and quality, or an equivalent credit.
9. Time is of the essence hereof, and if any payment or any other condition hereof is not made, tendered, or per-
formed by purchaser as herein provided, then this contract shall be null and void and of no effect, and both parties
hereto released from all obligations hereunder, and all payments made hereon shall be retained on behalf of the seller,
as liquidated damages.
10. In the event the seller fails to approve this instrument in writing on or before
19 , or if title is not merchantable and written notice of defects is given to the seller or agent within the time
herein provided for delivery of deed and shall not be rendered merchantable within 30 days after such written notice,
then this contract, at purchaser's option, shall be void and of no effect and each party hereto shall be released from
all obligations hereunder and the payments made hereunder shall be returned forthwith to purchaser upon return of
the abstract, if any, to seller; provided, however, that in lieu of correcting such defects, seller may, within said 30 days,
obtain a commitment for Owner's Title Insurance Policy in the amount of the purchase price showing the title to be
free from such defects and seller shall pay full premium for such Title Insurance Policy.
11. Additional Provisions: PuAchazeA may not tea6e above named unit Got t as .than
a six (6) month pe, i.od accon.ding to agreement between se.Ueu and the
City of Aspen a6 pant o6 nequiAement by Aspen Ptanning and Zoning
Comm.i66.ion bon exemption 64om subdivision.
12. Upon approval hereof by the seller, this agreement shall become a contract between seller and purchaser
and shall inure to the benefit of the heirs, successors and assigns of said parties.
Agent
Purchaser
Date
Purchaser Date
Seller approves the above contract this day of , 19 and agrees
to pay a commission of % of the gross sales price for services in this transaction, and agrees that, in the
event of forfeiture of payments made by purchaser, such payments shall be divided between the seller's broker and
the seller, one half thereof to said broker, but not to exceed the commission, and the balance to the seller.
Seller Seller
Purchaser's Address
Seller's