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HomeMy WebLinkAboutlanduse case.AP.100 N 8th St.A60-97#'735-123 y - _ � VillOR of Aspen Insubstantial Amendment to plot ,b6ayivie,� -4-)L LoO 'A Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City Land Use Application Fees: 00113-63850-041 Deposit -63860-043 HPC -63885-268 Public Right-of-Way -63875-046 Zoning & Sign Permit -MR011 Use Tax _ 10000-67100-383 Park Dedication 15000-63050-480 AH Commercial 15000-63065482 AH Residential County Land Use Application Fees: 00113-63800-033 Deposit -63820-037 Zoning -63825-038 Board of Adjustment Referral Fees: 00113-63810-035 County Engineer 00115-63340-163 City Engineer 62023-63340-190 Housing 00125-63340-205 Environmental Health 00113-63815-036 County Clerk _ __- 00113-63812-212 Wildlife Officer Sales: 00113-63830-039 County Code -69000-145 Copy Fees _ — _ Other _--- -- Address.; zZa . �. Total_ 55� c Date: Check: L246 Project: Case No: 47 No. of Copies _ MEMORANDUM TO: Stan Clauson, Community Development Director THRU: Julie Ann Woods, Deputy Directo FROM: Mitch Haas, Planner( k RE: Second Amendment to the Plat of the Villa of Aspen Townhouses DATE: August 7, 1997 The Villa of Aspen Townhouses Association has applied for an insubstantial plat amendment for the Villa of Aspen Townhouses. The plat amendment is requested for the sole purpose of reflecting the already built changes/additions to the condominium units, generally created by enclosing the original decks and creating new decks. Due to the changes that were constructed, the plat currently on file with the City is inaccurate. The requested amendments will result in the recordation of an accurate plat. This amendment is being requested in order to reflect the changes that were approved and constructed. The applicant is now in the process of selling one or several of the units on the property and wants to make sure the legal record accurately reflects the actual property. The application was referred to the Engineering Department, who examined the proposed plat and found it to be acceptable as submitted. The application is consistent with an insubstantial amendment to a subdivision order, pursuant to Section 26.88.060, and there are no other land use issues involved. Staff recommends that the Community Development Director approve this insubstantial amendment with the condition that the applicant submit two (2) signed mylars and a recording fee of eleven dollars ($11) to the City Engineering Department. APPROVED- . APPROVED - A 40 NN SP Stan Claus n, Community Develop r iog r CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: PROJECT: 9-fo(Lf REPRESENTATIVE: 13 OWNER: 1P TYPE OF APPLICATION: Subdivision exemption for Condominiumization DESCRIPTION: .PULjo Land Use Code Section(s) 26.88.070 Condominiumization 26.52 Development Review Procedures 26.52.030 Application and Fees DATE: '`z, Review by: Staff for complete application, referral agencies for technical considerations, Community Development Director for final approval. Public Hearing: No. Referral Agencies: Engineering (DRC) Planning Fees: Planning Flat Fee $245 Referral Agency Fees: Enginering, minor ($110); Total Deposit: $355 To apply, submit the following information: 1. Total deposit for review of the application 2. Signed fee agreement 3. Proof of ownership 4. Applicant's name, address and telephone number in a letter signed by the applicant, which also states the name, address and telephone number of the representative. Include street address and legal description of the property. 5. Summary letter explaining the request (existing conditions and proposed uses) and addressing the standards of the Land Use Code sections listed above. 6. An 8 1/2" by I I" vicinity map locating the parcel within the City of Aspen. 7. Old (existing) plat. (from City Engineering or County Recorder) 8. Proposed plat from a registered land surveyor. 9. Copies of prior approvals (from City Clerk) 10. -Copies of the complete application packet (items 3-9) Process: Apply. Planner reviews case for completeness and sends to Engineering. 2-3 weeks later planner will contact applicant with the suggestions from Engineering for preparation of the Final Plat. The applicant's surveyor makes those changes and brings in 2 reproducible mylar copies to the planner. Planner reviews plat for consistency with Engineering suggestions and the Director signs. Applicant then can record the final plat at the County Clerk and Recorder (fee). Uillas of Rspen Townhouse Rssociation 100 N. 8th Street #2 Rspen, CO 81611 July 9, 1997 City of Rspen Engineering Department 130 South Galena Street Rspen, CO 81611 To whom it may concern: am bringing in a plat showing the improvements to each of the 36 units in the Uillas of Rspen Townhouse complex. We were given the land use approval in 1989 and one of the stipulations required each owner to resurvey the improved unit. There are several units which remain unimproved. We are asking the City to review and approve these measures. We will then take the work to the Clerks office and have each unit recorded. Thank you in advance for your time and consideration. Should you have any questions about the material, please call me. Nancy Hinrichs Resident Manager Uillas of Rspen Townhouse Rssociation 925-7614 DATE RECEIVED: 3 9 89 DATE COMPLETE: CASELOAD SUMMARY SHEET City of Aspen PARCEL ID AND CASE NO. 16A-89 STAFF MEMBER: PROJECT NAME: Villa of Aspen Townhouses Insubstantial PUD Amendment Project Address: Legal Address: APPLICANT: Villa of Aspen Townhouses Applicant Address: Box 9166 Aspen CO 81612 REPRESENTATIVE: Chuck Frias Director Representative Address/Phone: PAID: YES NO AMOUNT:' NO. OF COPIES RECEIVED: 1 TYPE OF APPLICATION: 1 P&Z Meeting Date y\ 4 CC Meeting Date STEP: � 2 STEP: PUBLIC HEARING: YES VESTED RIGHTS: YES PUBLIC HEARING: YES NC VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: l% _ Date: Mtn. Bell School District REFERRALS: City Attorney we City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshall State Hwy Dept(GJ) City Electric Building Inspector Envir. Hlth. Roaring Fork Other Aspen Consol. Energy Center S.D. DATE REFERRED: INITIALS: FINAL ROUTING: DATE ROUTED: INITIAL: City Atty Housing City Engineer Other: FILE STATUS AND LOCATION: Zoning Env. Health VILLA OF ASPEN TOWNHOUSES BOX. 9166 ASPEN, COLORADO 81612 March 1, 1989 Mr. Allan Richman Director Aspen/Pitkin County Planning Office 130 S. Galena Aspen, Colorado 81611 Dear Allan: I am formally requesting the reconsideration of the PUD application previously approved for the Villa of Aspen Townhouses. Last summer we applied for an amended PUD to allow for the enclosure of some of the Villa unit's balcony areas. This application was approve by P & Z and the City Council under certain conditions and has expired while we have worked to comply with the conditions. One of the conditions was that we obtain proper owners approval for this PUD application and associated renovations. This required amending our declarations and that required 100% mortgagee approval. We have had a hard time reaching the mortgagees to accomplish this. We are now two approvals short of having compliance with this requirement of our condominium declarations, previously over 85% of our owners have approved this declaration change as called for in our association documents. We are in the process of revising the plat to comply with the previous PUD application approvals and agree to the other terms as noted in the City Council approval. We appreciate you help in expediting the reconsideration and approval of our PUD application. We hope to commence with construction on our project by mid -May of 1989. Please let me know if there is anything else I can provide for you to obtain the proper approvals for our project. Sincerely, L Chuck Frias Director CF/ j 1p i; C cc: Welton Anderson Steve Wickes r �i. 4 'a10 q.'�. y d DOOR PAGE 01 FIRST AMENDMENT TO CONDOMINIUM DECLARATION FOR VILLA OF ASPEN TOWNHOUSES ASSOCIATION, INC. The Condominium Declaration for Villa of Aspen Townhouses is hereby amended, pursuant to, and in accordance with, Article XVIII of said Condominium Declaration recorded in Book 268 at Page 81, et seq. of the records of the Pitkin County, Colorado, Clerk and Recorder, which amendments have been approved by the Owners representing an aggregate ownership interest of eighty-five (85%) percent or more of the Condominium Units, as reflected in the real estate records of Pitkin County, Colorado, and by all of the holders of any mortgage appearing in such records and covering or affecting any or all of the Condominium Units. The following articles and sections of said Condominium Declaration are hereby forever replaced and superceded as hereinafter set forth: Section 5.2: Limited Common Elements. Limited Common Elements shall consist of balconies, decks, patios, terraces, exterior stairways and any yard or yards appurtenant to, and associated with, a particular Townhouse Unit and identified on the Condominium Map with the same number by which such Townhouse Unit is identified on the Condominium Map, and any individual heating equipment appurtenant to, and used in connection with, a particular Townhouse Unit. The Limited Common Elements shall be used in connection with a particular Unit to the exclusion of the use thereof by the other owners of Common Elements except by invitation. Notwithstanding the foregoing, each Owner shall have the right to convert his balcony, deck, patio, or terrace from a Limited Common Element to a portion of the Townhouse Unit by total enclosure of the same constructed in accordance with plans and specifications first approved by the Association, which approval shall not be unreason- ably withheld. Such plans and specifications must be in conformity with the requirements for all enclosures which shall be established by the Association before any Owner shall have the right to convert the Limited Common Element to part of the Townhouse Unit. Following substantial completion of the construction of each such enclosure and prior to issuance of a certificate of occupancy therefor, the Owner shall cause to be prepared a supplement to the Condominium Map in accordance with the requirements of the Condominium Declaration and Colorado Condominium Ownership Act and shall cause the same to be filed for record with the Pitkin County Clerk and Recorder. Upon such recording the conversion from Limited Common Element to Townhouse Unit shall be complete. An Owner's rights and obligations with respect to the Project shall not be increased, diminished, or in any way affected by such conversion of a Limited Common Element to part o:�. they Townhouse Unit. _i t+J X — a •c ,r NZ > A' t — � a m Lr, ca a BOON U�? `FAIR 'qu This First Amendment to Condominium Declaration for Villa of Aspen Town ouses Association, Inc. is executed on this z1_� day of 1989. ATTEST: ecretary VILLA OF ASPEN TOWNHOUSES ASSOCIATION, INC., a Colorado Corporation By: President 4. STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing First Amendment to Condominium Declara- tion of Villa of Aspen Townhouses Association, Inc. was acknowledged a ore a this day of 1989 by _ President and as Secretary of Villa of Aspen Townhouses Association, Inc., a Colorado corporation. WITNESS my hand and official seal. My commission expires: C� . '�� ii6t4ry Public Ac h23ll `• C BJK10/66 ` DATE RECEIVED: 3 9 89 DATE COMPLETE • 3 A79 CASELOAD SUMMARY SHEET City of Aspen PARCEL ID AND CASE NO. 16A-89 STAFF MEMBER: — PROJECT NAME: Villa of Aspen Townhouses Insubstantial PUD Amendment Project Address: Legal Address: APPLICANT: Villa of Aspen Townhouses Applicant Address: Box 9166 Aspen, CO 81612 REPRESENTATIVE: Chuck Frias, Director Representative Address/Phone: PAID: ES NO AMOUNT: 0.0 NO. OF COPIES RECEIVED: 1 TYPE OF APPLICATION: 1 STEP: 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: i/ Date: REFERRALS: City Attorney Mtn. Bell School District City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshall State Hwy Dept(GJ) City Electric Building Inspector Envir. Hlth. Roaring Fork Other Aspen Consol. Energy Center S.D. DATE REFERRED: INITIALS: FINAL ROUTING: DATE ROUTED: ��/� % INITIAL:]_ y/ City Atty Housing " City Engineer Zoning Env. Health Other: FILE STATUS AND LOCATION: The PUD Plat for the by the P&Z on April Both bodies approved original conditions unchanged and no new Case Disposition Villas of Aspen Townhomes was reconsidered 4 and the Aspen City Council on April 10. this item on their consent agenda. The of approval, attached hereto, remained conditions were added to the project. r CASE DISPOSITION Villas of Aspen Townhouses following conditions: PUD Amendment approved with the o Any landscape material destroyed during construction will be replaced with comparable or better material. o Prior to the issuance of a building permit the applicant shall, to the satisfaction of the Engineering Department, submit a Final Plat which conforms to the requirements of the Municipal Code. o Prior to issuance of a Building Permit the Applicant shall provide a resolution of the Board of Directors approving the Plan as submitted. o The proposed carports are not approved and must be deleted from the amended plat. I;I014CO) C.\Ibis) 4 TO: Aspen City Council FROM: Alan Richman, Planning Director "� (—JY RE: Reconsideration of Villa of Aspen Townhomes PUD Amendment- Consent Agenda Item DATE: March 27, 1989 ---------------------------------------------------------------- ---------------------------------------------------------------- On July 25, 1988, the Aspen City Council granted final approval to a PUD Amendment application for the Villa of Aspen Townhomes. The principal purpose of the amendment was to permit enclosure of some of the project's balconies. It has been more than 180 days since this approval was granted and the revised PUD plat has not been recorded. The applicant explains that this delay has been due to having to obtain approval of 100% of the project's mortgagee's. Pursuant to Section 7-906 of the Aspen Land Use Regulations, the approval has expired and must be reconsidered by the P&Z and City Council. There have been no significant changes in community conditions or regulations which would require that the prior approval be revised or overturned. Therefore, we recommend that Council consent to staff s recommendation that the approval be granted anew, with the same conditions as were previously applied, which are listed on the attached case disposition sheet. This action would be consistent with that of the P&Z, which recommended on April 4 that the reconsidered project be approved. villas 4f r CASE DISPOSITION Villas of Aspen Townhouses PUD Amendment approved with the following conditions: o Any landscape material destroyed during construction will be replaced with comparable or better material. o Prior to the issuance of a building permit the applicant shall, to the satisfaction of the Engineering Department, submit a Final Plat which conforms to the requirements of the Municipal code. o Prior to issuance of a Building Permit the Applicant shall provide a resolution of the Board of Directors approving the Plan as submitted. o The proposed carports are not approved and must be deleted from the amended plat. U Standard Application Package Staff Approval Applications Attached is a Development Application package for submission of your application. Included in this package are the following attachments: Development Application Fee Policy and Fee Schedule 2. Application Form Description of Minimum Contents of Development Application 4. Description of Specific Contents for Submission of your Application (insert appropriate attachment) Copy of Review Standards for Your Application (insert appropriate attachment) 6. General Summary of Your Application Process (insert appropriate attachment) Generally, to submit a complete application, you should fill in the application form and attach to it that written and mapped information identified in Attachments 3 and 4. Please note that all applications require responses to the review standards for that particular development type. The standards for your application are listed in Attachment 5. We strongly encourage all applicants to hold a pre -application conference with a Planning Office staff person so that the requirements for submitting a complete application can be fully described to you. Please also recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case or consult the applicable sections of the Aspen Land Use Regulations. ASPENTITKIN COMMUNITY DEVELOPMENT DEPART-MENT City of Aspen Development Application Fee Policy The City of Aspen, pursuant to Ordinance 53 (Series of 1995), has established a fee structure for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. Referral fees for other City departments reviewing the application will also be collected when necessarv. One check including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the Aspen/Pitkin Community Development Department. Applications will not be accepted for processing without the required application fe-. A flat fee is collected by Planning for Staff Approvals which normally take a minimal and predictable amount of staff time to process. The fet is not refundable. A deposit is collected by Planning when more extensive staff review is required, as hours are likely to vary substantially from one application to another. Actual staff time spent will be charged against the deposit. After the deposit has been expended, the applicant will be billed monthly based on actual staff hours. Current billings must be paid within 30 days or processing of the application will be suspended. If an applicant has previously failed to pay application fe--s as required. no new or additional applicationswill be accepted for processin`_ until the -outstanding fees are paid. In no case will Building Permits be issued until all costs associated with case processing have been paid. After the Final action on the project, any remaining balanc.- from the deposit will be refunded to the applicant. Applications which require a deposit must include an :agreement for Payment of Development Application Fees. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to he accepted. The complete fee schedule for land use applications is listed on the reverse side. ASPENTITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development application Fees CITY OF ASPEN (hereinafter CITY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for (hereinafter, THE PROJECT). ?. APPLICANT understands and agrees that City of Asoen Ordinance No. 53 (Series of 199-5) establishes a fee structure for Planning apDlica[Ions and the payment of all processimz fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size. nature or scope of the proposed project. it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties to allow APPLICANT to make pavment of an initial deposit and to thereafter permit additional �nsts to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining areatzr 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 recoverinz its full costs to process APPLICANT'S application 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enahle the Planninu Commission and/or City Council to make legally required Findings for project approval, unless current billings are paid in full prior to decision. ArMCIRIEarr a USE APPLz=CN FCRM 1) Projec` r4m� 2) Proj ect Location (irxiicatr street address, lot & block mmber, legal description where aparpori. ":e) 3) Present Zoning 5) Applicant's Name, Address & Phone T 6) Representative's Name, Address & Phan 4) Lot Size 7) Type cf Apolication (please check all t'lat apply) : Ccnditional Use atrial SPA C:. Hist.,oric Cev. Scecial Final SPA Sty_, YZ =gin Final PM M----imtain View Plane Subdivisicn TI -- /.Map Amendment _ Lc-t SoL —,-/Tzt Line Adj usl=ent . i-,cr H. for c Ik-r_ —, sto.ric Demo3.it , cn Flistoric Designati.on aces ZL1c=-nc 8} Desci_cticn of MdStilIq Uses (r=_r and trae of ems' jxq s--jc`.-=es; a=r^.xa t-- sc_ ft_ ; ra=ber of bedro=s; any gz--vicLzs gnu y' to t�� 9) Des, ipt.on of Cc---relc=erit A=Liation 10) Have you attached the following? R_---:;por to Attadmp-^.t 2, Minima+ Sill -mission Contents Resocnse to Atta--'-m�nt 3, Sbecif is Submission s Resnonsz to Attact=e^t 4, Review Standazds for Your Amliation ATTACHMENT 3 Minimum Submission Contents for All Development Applications All Development Applications shall include, at a minimum, the following information and materials. 1. The 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. 2. The street address and legal description of the parcel on which the development is proposed to occur. 3. A disclosure of ownership of the parcel on which the development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the Stag of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 5. 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. attach2.applications 26.88.050 E- Recordation. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County cleric and recorder. Failure on the part of the applicant to record the plat within a period of one hundred eighty (180) days following approval by the city council shall render the plat invalid and reconsidera- tion of the plat by the commission and city council will be required by for a showing of good cause. (Ord. No. 22-1995, § 19; Code 1971, § 7-1005) 26.88-060 Amendment to subdivision development order. A. Insubstantial amendment. An insubstantial amendment to an approved plat or between adjacent subdivision plats may be authorized by the Community Development Director. An insubstantial amendment shall be limited to technical or engineering considerations first discovered during actual development which could not reasonably be anticipated during the approval process, or any other minor change to a plat which the Community Planning Director finds has no effect on the conditions and representations limiting the approved plar. B. Other Amendment Any other amendment shall be approved by the city council, provided that the proposed change is consistent with the approved plat If the proposed change is not consistent with the approved piat the amendment shall be subject to review as a new development application for plat C. P'.at vacation. Vacation of an approved plat or any other document recorded in coniunction with a plat shall be considered a plat amendment. and shall only be approved by the city council if good cause is demons-Lated. (Ord. No. _2- i 995. ,S _0: Code 1971. 3 7-1006 ) 26.38.070 Condominiumization_ A. General. Where a proposed development is to include a condominium form of ownership, or ;i an --xisting development is to be converted to a condominium form of ownership. in whole or in part. a condominium subdivision exemption plat milectirig all condomiruumized units, or that potnon of the development to be condominiumized, shall be submitted to the planning director for -view and approval as a subdivision exemption pursuant to the terms and provisions of this section. B. Procedure. A development application for a condominiumization shall be reviewed pursuant to the procedures and standards in this section and Common Procedures. (Mapter, 26.552. = 1. Contents of Application. The contents of a development application for a condominium or condominiumizabon shall include the following: a. The general application information required in Common Procedures, Section 26.52.030. b. A condominium subdivision exemption plat drawn with permanent ink on reproducible mylar. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches with an unencumbered margin of one and one -Half inches on the lest hand side of the sheet and a one-half (1/2) inch margin around the other three (3) sides of the sheet. It shall include: (1) Accurate dimensions for all lines, angles and curves used to describe boundaries, streets. setbacks, alleys. easements, structures. areas to be reserved or dedicated for public or common use and other, important features. All curves shall be circular arcs and shall be defined by the radius, central angle, tangent, arc and chord distances. All dimensions. both linear and angular, are to be determined by an accurate control survey in the heid which must balance and close within a limit of one (1) in ten thousand (10,000). (2) The plat shall be drawn at a scale of one (1) inch equals one hundred (100) feet or larger. Architectural scales are not acceptable. If it is necessary to place the plat on more than one (1) sheet, an index shall be included on the first sheet. A vicinity map shall also appear on the first sheet showing the condominium project as it relates to the rest of the city and the street system in the area of the proposed condominium. (.aspen 10195) 644 26.88.070 (3) A description of ail survey monuments, both found and set, which mark the boundaries of the subdivision, and description of all monuments used in conducting the survey. The Colorado Coordinate System may be used. (4) A statement by the Iand surveyor explaining how bearings, if used, were determined. (5) A certificate by the registered land surveyor as to the accuracy of the survey and plat. and a statement that the survey was performed in accordance with Colorado Revised Statutes 1973, Title 38. Article, 51. as amended from time to time. (6) A certificate by a corporate title insurer, that the person or person dedicating to the public the public rights -of -way, areas or facilities as shown thereon are the owners thereof in fee simple, free and clear of all liens and encumbrances. (7) Certificates showing approval of the final plat by the City Engineer and Planning, Director. (8) A certificate of filing for the Pitkin County Clerk and Recorder. (9) Copies of any monument records required of the land surveyor in accordance with Colorado Revised Statutes 1973. Title 38, Article 53, as amended from time to time. Recordarion. The approved condominium subdivision exemution plat shall be recorded in the office of the Pitkin County C:em and Recorder within one hundred eighty (180) days of its approval by the planting director. Failure on the part of the applicant to record the piat within one hundred eighry (180) days following appmvai by the planning director shall render the piat invalid and a new application and approval will be required. Subdivision Exemption Aateement- No subdivision exemption agreement need be prepared or ente^ed into between the applicant and the city pursuant to a condominium or condominiumization approval unless the planning director determines such an agreement is necessary. 4. Minimum Lease Deed Restriction. Minimum lease deed restrictions imposed by the C:tv Council as a condition of condomituumizanon approval prior m Juiv 1. 1992. shall only be modified or removed with the consent of the Cary Council. (Crd. No. 6-1989, 3 9; Ord. No. 1-1990, 7; Ord. No. 1993. l: Code 1971, j 7-1007) .6.88.080 Timeshare. A. Applicability. In addition to the other applicable requirements set forth in this chapter and required by state law. the requirements of this section shall apply to all timeshare development in the City of Aspen. B. Zone Districts in which timeshare shall be permitted: 1. Timeshare shall be allowed only as a conditional use in the Lodge7ourist Residential (LrTR). Lodge Preservation (LP). Commercial Core (CC), and Commercial Lodge (CL) zone districts. requiring a development order for a conditional use in accordance with the procedures and requirements of Chapter 26.60. Timeshare shaiI also require subdivision approval pursuant to this chapter. To the extent practicable. subdivision and conditional use approval shall occur simultaneously. C. Standards applicable to all timeshare. In addition to those standards and review criteria generally pertaining to subdivision. the following shall also be complied with in a timeshare development: 1. Right -to -use. Right -to -use timeshare concepts (e.?. lease -holds. vacation clubs) are considered inappropriate and not in the city's best interest in that they are not regulated by real estate laws and are the most abused form of timeshare. 2. Integration. Timeshare must be conducted in all residential units of a proposed development or not at all. Mixing timeshare with other less intensive uses is undesirable as a tourist use, and is incompatible with residential uses or less intensive tourist uses. 645 Attachment 6 General Summary of Staff Approval Application Process Development Review Procedure Summary: The zero step staff approval application process can be described as follows. Stage One: Attend pre -application conference. The purpose of this one-on-one meeting with staff is to determine whether your development proposal can be processed at the staff level and if so, to identify the materials staff will need to review your application. Stage Two: Submit development application. Based on your meeting with staff, you should respond to the appropriate portions of the application package and submit the requested number of copies of a complete application, with the appropriate processing fee, to the Planning Office. Stage Three: Determination of Completeness. Within five working days of the date of your submission, the application package will be reviewed by a member of the staff. You will be notified in writing of whether the application is complete or if additional materials are required at this time. Stage Four: Review of Development Application. Once your application is determined to be complete, it will be reviewed by the staff for compliance with the applicable standards of the Code. Within five working days, a memo will be written by the staff member for signature by the Planning Director. The memo will explain whether your application complies with the Code and will list any conditions which should apply if the application is to be approved. Final approval of any Development Application which amends a recorded document, such as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application is eligible for the requested amendment or exemption. Stage Five: Receipt of Building Permit. Once you have received a copy of a signed staff approval, you may proceed to Building Permit Review. During this time, your project will be examined for its compliance with the Uniform Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which were not reviewed in detail during the zero step review (this might include a check of floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected at this time, if due. For more information on the Building Permit Stage, please visit the Building Department to obtain handouts on their review procedures. Ostepsum.doc