HomeMy WebLinkAboutcoa.lu.ec.Castle Creek Townhomes Subdv.Castle Creek Townhomes Subdiv.
Exemption for Condominiumizatior
A30-93 2735-122-06-002
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
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Aspen, Colorado 81611
(303) 920-5090
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LAND USE APPLICATION FEES
CITY:
-63250-134
GMP/Conceptual
-63270-136
GMP/Final
-63280-137
SUB/Conceptual
-63300-139
SUB/Final
-63310-140
All-2 Step Applications
-63320-141
All 1 Step Applications
-63330-150
Staff Approval
-63432-157
Zoning Plan Check
-63432-157
Sign Permit
-00100-00000-31070
Use Tax for Sign Permits
HISTORIC PRESERVATION:
-63335-151
Exemption
-63336-152
Minor
-63337-153
Major Devel.
-63338-154
Sign'rf. Devel.
-63339-155
Demolition
COUNTY:
-63160-126
GMP/General
-63170-127
GMP/Detailed
-63180-128
GMP/Final
-63190-129
SUB/General
-63200-130
SUB/Detailed
-63210-131
SUB/Final
-63220-132
All 2 Step Applications
-63230-133
All 1 Step Applications
-63240-149
Staff Approval
-63450-146
Board of Adjustment
-63235-148
Zoning Plan Check
REFERRAL FEES:
-63360-143
Engineering - County
00115-63340-163
Engineering - City
00123-63340-190
Housing
00125-63340-205
Environmental Health
PLANNING OFFICE SALES:
-63080-122
County Code
-69000-145
Other (Copy Fees)
TOTAL
Name: % �1 '!1 a�
6F Phone:
Address: l L
/`. Project:
/
Check #: Date:
No of Copies:
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 0511093 PARCEL ID AND CASE NO.
DATE COMPLETE: a 2735-122-06-002 A30-93
STAFF MEMBER• LL
PROJECT NAME: Castle Creek Townhomes Subdivision Exemption for
Condominiumization
Project Address: 777-787 Castle Creek Drive
Legal Address: Lot 10, Castle Creek Subdivision
APPLICANT: Marvin Burton & Doualas Allen
Applicant Address: 600 E. Hopkins, Suite 302, Aspen
REPRESENTATIVE: Douglas Allen
Representative Address/Phone: 600 E. Hopkins, Suite 302
Aspen, CO 81611 925-8800
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FEES: PLANNING $ 942.00 # APPS RECEIVED 3
ENGINEER $ 234.00 # PLATS RECEIVED 3
HOUSING $
ENV. HEALTH $
TOTAL $1176.00
TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: 2 STEP:
P&Z Meeting Date
CC Meeting Dat�U—.)
vim'( a
DRC Meeting Date
PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
PUBLIC HEARING: C� NO
VESTED RIGHTS: YES NO
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REFERRALS:
City Attorney
Parks
Dept.
School District
City Engineer
Bldg
Inspector
Rocky Mtn NatGas
Housing Dir.
Fire
Marshal
CDOT
Aspen Water
Holy
Cross
Clean Air Board
City Electric
Mtn.
Bell
Open Space Board
Envir.Hlth.
ACSD
Other
Zoninq
Enerqv
Center
Other
DATE REFERRED: !Z
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FINAL ROUTING:
INITIALS: sl'�
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DATE ROUTED:
City Atty City Engineer
Housing Open Space
FILE STATUS AND LOCATION:
DUE:
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INITIAL:
Zoning Env. Health
Other:
ORDINANCE NO. 33
(SERIES OF 1993)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING COOOMINIUMIZATION
FOR 777-787 CASTLE CREEK DRIVE, LOT 10, CASTLE CRE K SUBDIVISION,
CITY OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the applicants, Doug Allen and Marv'n Burton, have
submitted an application to condominiumize a newly developed
duplex; and
WHEREAS, on July 1, 1992, the State Legislature enacted the
Colorado Common Interest Ownership Act ("CCIOA") which arguably
conflicts with certain provisions of the Aspen Municipal Code
governing the subdivision/condominiumization approval process as
adopted by the City, and under which the instant condominiumization
is being processed for approval; and
1 WHEREAS, the City Council has taken under advisement possible
amendments to the Aspen Municipal Code so as to eliminate any
conflicts or potential conflicts between the CCIOA and local
condominiumization ordinances; and
WHEREAS, in the event amendments to the municipal
condominiumization ordinances are subsequently enacted after
adoption of this ordinance approving the condominiumization as
sought herein, and said amendments reduce or eliminate conditions
of condominiumization approval as currently required under existing
ordinances and as imposed upon the applicant herein, it is City
Council's desire that the applicant herein receive the -benefit of
those amendments; and
WHEREAS, the City Council may not and has not committed itself
or the City to the actual adoption of any amendment to the
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Municipal Code as described in the foregoing recital; and
WHEREAS, the applicant has been fully apprised as to his
rights and obligations under current ordinances governing
condominiumization approval; and
WHEREAS, the applicant has determined to proceed with his
approval application at this time at his own risk knowing that
amendments to existing condominiumization ordinances may or may not
subsequently be adopted, and that such amendments if adopted may
not provide him any relief from the conditions of approval as
imposed in this ordinance; and
WHEREAS, the Aspen City Council has reviewed and considered
the amendments under the applicable provisions of the Municipal
Code, to wit, Division 10 Section 24-7-1007, and has reviewed and
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considered those recommendations by the Planning Department and has
taken public comment at public hearing; and
WHEREAS, the City Council finds that this Ordinance furthers
and is necessary for public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
Section 1: In accordance with Section 24-7-1007 of the Municipal
Code, the City Council grants and awards condominiumization
approval for 777-787 Castle Creek Drive, Lot 10, Castle Creek
Subdivision, subject to the conditions as specified herein:
1. All representations that the applicant has made regarding this
amendment shall be adhered to during any development.
2. Prior to filing the condominium plat, the applicant shall deed
restrict the condominiumized residential units to a six month
minimum lease, with no more than 2 shorter tenancies per year.
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Language to that affect shall be included in the subdivision
exemption agreement.
3. Prior to the sale of either unit, a subdivision exemption
agreement and condominium plat, to be reviewed and approved by the
Engineering Department, shall be filed which meets the requirements
of Section 24-7-1004.D of the Municipal Code and the comments of
the Engineering Department review memo of June 8, 1993.
4. A final inspection of the units shall be conducted to confirm
that the accessory dwelling unit complies with APCHA guidelines.
5. The applicant shall agree to join any future improvement
districts which may be formed for the purpose of constructing
improvements in the public right-of-way.
Section 2: In the event amendments to the current Municipal Code
are hereinafter enacted under which the conditions of approval of
(2), a deed restriction specified in Section 1 above are no longer
required, as currently mandated under the Municipal Code, then it
is the intent of the City Council that the applicant herein be
afforded the benefit(s) of such amendment(s) and that the
requirement for a deed restriction be vacated.
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 conducted and
concluded under such prior ordinances.
Section 4: If any section, subsection, sentence, clause, phrase,
or portion of this Ordinance is for any reason held invalid or
unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
shall not affect the validity of the remaining portions thereof.
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Section 5: The City Clerk shall cause notice of this Ordinance to
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i be published in a newspaper of general circulation within the City
of Aspen no later than fourteen (14) days following final adoption
hereof. Such notice shall be substantially in the following form:
Notice is hereby given to the general public of the approval
of a site specific development plan, and the creation of a
vested property right pursuant to Title 24, Article 68,
Colorado Revised Statutes, pertaining to the following -
described property:
The property shall be described in the notice and appended to said
notice shall be the ordinance granting such approval.
Section 6: A ublic hearing on the Ordinance shall be held on the
day of , 1993 at 5:00 in the City Council Chambers,
Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published in a
., newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the �ay of
1993.
JohxVBennett, Mayor
A ".-
Kathryn S Vyloch, City Clerk
FINALLY, adopted, passed and a proved this day of
1993.
Joh ennett, Mayor
A
Kathryn Koch,'City Clerk
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#35B703 0 7 / 13/93 10: 19 Rec $20. 00
Silvia Davis, Pitkin Cnty Clerk.,
Recorded at _
Reception No.
o'clock _.m._
Recorder
RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO:
Douglas P. Allen, Esq.
600 East Hopkins, Suite 302
Aspen, Colorado 81611
BK 717 PG 533
Doc $.O
STATEMENT OF EXEMPTION
FROM FULL SUBDIVISION PROCESS
AND SUBDIVISION AGREEMENT
FOR THE PURPOSE OF CONDOMINIUMIZATION OF AN
EXISTING STRUCTURE ON LOT 109
CASTLE CREEK SUBDIVISION
WHEREAS, Marvin O. Burton and Douglas P. Allen ("Applicant") are the owners of
a parcel of real property in the City of Aspen, Pitkin County, Colorado, described as follows:
Lot 10, Castle Creek Subdivision, County of Pitkin, State of Colorado
also known as 777 and 787 Castle Creek Drive, Aspen, Colorado
and
WHEREAS, the foregoing Property contains a duplex building with an accessory
dwelling unit; and
WHEREAS, Applicant has requested an exemption from the full subdivision process
pursuant to § 24-7-1007 of the Municipal Code of the City of Aspen for condominiumization of
an existing structure at the above -described location; and
WHEREAS, the Aspen City Council determined at its regular meeting held on June 28,
1993, that such exemption was appropriate and granted the same pursuant to Ordinance No. 33
(Series of 1993), subject, however, to certain conditions as set forth below; and
WHEREAS, a Subdivision Exemption Agreement is required between the Applicant and
the City of Aspen ("City") binding the Applicant and Property to all conditions placed upon the
approvals for the subdivision as set forth in § 24-7-1005 of the Municipal Code of the City of
Aspen; and
WHEREAS, the City is willing to approve and execute this Agreement and the
corresponding plat for the subject property in exchange for Applicant's promises and
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Silvia Davis, Pitkin Cnty Cler4::, Doc $-00
performance adhering to the terms and conditions contained herein and those other applicable
ordinances and regulations as contained in the Municipal Code.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and the
approval, execution, and acceptance of the plat for recordation by the City of Aspen, it is agreed
as follows:
(1) The Applicant shall file a Condominium Plat to be reviewed and approved by the
Engineering Department.
(2) Prior to filing the Condominium Plat, the Applicant shall deed restrict each of the
condominiumized residential units to a 6-month minimum lease, with no more than two
shorter tenancies per year. Such deed restriction shall be in a form satisfactory to the
City Attorney and shall be executed and recorded at the time of execution and
recordation of the Plat. In the event amendments to those sections of the Municipal Code
under which Applicant's condominiumization application was approved are enacted which
eliminate the condition of approval relevant to the deed restriction as described in this
paragraph, then Applicant shall receive the benefit of such amendments and the deed
restriction as originally imposed shall be vacated.
(3) A final inspection of the accessory dwelling unit shall be conducted to confirm that
the accessory dwelling unit complies with APCHA guidelines.
(4) The Applicant shall agree to join any future improvement districts which may be
formed for the purpose of constricting improvements in the public right-of-way
benefitting the subject property.
(5) Applicant shall record with the Pitkin County Clerk and Recorder contemporaneously
herewith, that certain "Condominium Declaration" for Castle Creek Drive Townhomes
dated July -�-, 1993, attached hereto.
(6) Applicant shall comply with the restrictions as contained in the Condominium
Declaration.
(7) Applicant shall comply with all provisions contained herein and all material
representations made during public hearings before the City Council.
(8) The provisions of this Agreement shall run with and constitute a burden on the
property and shall be binding on and inure to the benefit of Applicant and Applicant's
successors and assigns and to the City, its successors and assigns.
(9) This Agreement may be altered or amended only by written instrument executed by
all parties hereto with the same formality as this Agreement is executed.
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Silvia Davis, Pitkin Cnty Clerk:, Doc $.00
(10) If any provision of this Agreement is determined to be invalid, such invalidity shall
not affect the remaining provisions hereof.
(11) This Agreement shall become effective upon the date of the last signature set forth
below.
CITY OF ASPEN
By
� QMayo fft-Te"
S
Date: July , 1993
Date: July1993
APPROVED:
Edward M. Caswall, City Attorney
Date: July _LR_, 1993
I, Kathryn S. Koch, do certify that the foregoing Statement of Subdivision Exemption for
condominiumization of Castle Creek Drive Townhomes was considered and approved by the
Aspen City Council at its regular meeting held , 1993, at which
time the Mayor was authorized to execute the sa on behalf of the City of Aspen.
Kathryn S. KOO,
City C1 rk
(Acknowledgements on Following Page)
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Silvia Davis, Pitk:in Cnty Clerk:, Doc $.00
ACKNOWLEDGEMENTS
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing Subdivision Exemption Agreement for Castle Creek Dri e Townhomes
was acknowledged before me this J-L� day of July, 1993, by A.4 .ayor of
Aspen, Edward M. Caswall, Aspen City Attorney, and Kathryn S. Koch, Aspen City Clerk.
Witness my hand and official seal.
�Ay(commission expires:
'ice r
r,
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
%blic
otary
Address: 120
,
The foregoing Subdivision Exemption Agreement for Castle Creek Drive Townhomes
was acknowledged before me this _d_ day of July, 1993, by Marvin O. Burton and Douglas
P. Allen.
Witness my hand and official seal.
My commission expires: q Iay l I
Notary Public
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Address: &CC:) E , i �o��' in;: `�0 '
MI167.07093 4S 1
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CITY CLEr�i�
130 S. GALENA
ASPEN, CO 81611
ti #3AP62 07/13/93 10:19 Rec $10.00 BK 717 PG 531
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
SIX MONTH MINIMUM LEASE PERIOD
DEED RESTRICTION FOR THE PURPOSE OF
COMPLIANCE WITH CONDITIONS
REQUIRED BY EXEMPTION FROM
SUBDIVISION PURSUANT TO ASPEN
MUNICIPAL CODE SECTION 24-7-1007A.1.B.
THIS SIX (6) MONTH MINIMUM LEASE PERIOD DEED RESTRICTION is made
and entered into this /, day of July, 1993, by DOUGLAS P. ALLEN and MARVIN O.
BURTON ("Covenantors") for themselves, their successors and assigns, for the benefit of the
City of Aspen, Colorado, a municipal corporation.
WHEREAS, Covenantors own that parcel of real property located at 777 and 787 Castle
Creek Drive, City of Aspen, County of Pitkin, Colorado, more specifically described as Lot 10,
Castle Creek Subdivision, County of Pitkin, State of Colorado upon which is situated a duplex,
with two (2) condominium units described as Castle Creek Drive Townhomes; and
WHEREAS, Covenantors have requested an exemption from the full subdivision process
pursuant to § 24-7-1007 of the Municipal Code of the City of Aspen for condom iniumization of
an existing structure at the above -described location; and
WHEREAS, Covenantors agree to accept and impose certain conditions on the use and
occupancy of these condominium units as required by exemption from subdivision pursuant to
Aspen Municipal Code § 24-7-1007A. Lb.
NOW, THEREFORE, in consideration of the mutual covenants contained herein with the
approval and acceptance by the City of Aspen, the Covenantors hereby covenant and agree as
follows:
1. The above -described 777 Castle Creek Drive Townhome shall be restricted to a
minimum lease period of not less than six (6) months except for two (2) shorter lease periods
per year.
2. The above -described 787 Castle Creek Drive Townhome shall be restricted to a
minimum lease period of not less than six (6) months except for two (2) shorter lease periods
per year.
3. In the event amendments to those sections of the Municipal Code under which
Covenantors' condominization application is approved or enacted which extinguish the
requirement for this deed restriction, then Covenantors shall receive the benefit of such
amendments and this deed restriction as originally imposed shall be vacated at Covenantors'
request.
4. The provisions of this Agreement shall run with and constitute a burden on the
property and shall be binding on and inure to the benefit of Covenantors and their successors
and assigns and to the City, its successors and assigns.
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Silvia Davis, Pitkin Cnty Clerk:, Doc $.00
5. This Agreement may be altered or amended only by written instrument executed by
all parties hereto with the same formality as this Agreement is executed.
6. If any provision of this Agreement is determined to be invalid, such invalidity shall
not affect the remaining provisions hereof.
7. This Agreement shall become effective upon the date of the last signature set forth
below.
IN WITNESS WHEREOF, Covenantors have placed their duly authorized signature
hereto on the date as described above.
APPROVED AS TO FORM:
Edward M. Caswall, City Attorney
Date: July-2-1 1993
/
Y 1993
i . Buoon Date
ly 1993
las P. AA Date
Mailing Address: 600 East Hopkins, Suite 302, Aspen, Colorado 81611
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this day of July, 1993, by
Marvin O. Burton and Douglas P. Allen.
Witness my hand and official seal.
' �I�� ,
My commission expires: � 02 ,���; = . ,.o�•-
• � �i •bra
Notary Public �..r r
MI\168.07093 Address: Qo )_
C
CITY CLERK
130 S. GALENA
ASPEN, Co 81611
#35887 7/1'J 1 •47 Fiec 1ci.i�ci • 718 PG 54 Silvia vis, Pitkin Cnty Clerk., Doc s.�>i�
CURB, GUTTER, AND SIDEWALK IMPROVEMENT AGREEMENT �U "
BETWEEN
THE CITY OF ASPEN AND MARVIN O. BURTON AND DOUGLAS P. ALLEN
WHEREAS, MARVIN O. BURTON and DOUGLAS P. ALLEN are presently
the owners of the real property located at 777 and 787 Castle
Creek Drive, Aspen, Colorado 81611 (Lot 10, Castle Creek
Subdivision)(hereinafter "Owners"); and
WHEREAS, Owners have recently completed new construction and
desire to obtain a certificate of occupancy; and
WHEREAS, Owners' property is within a zone district or other
area as designated on the City of Aspen adopted sidewalk, curb,
and gutter plan requiring construction of curb, gutter, and
sidewalk prior to issuance of a certificate of occupancy or, in
lieu thereof, an agreement for future construction pursuant to
Section 19-100 of the Municipal Code; and
WHEREAS, at this time, the City Engineer deems the
construction of curb, gutter, and sidewalk on public right-of-way
adjacent to owner's property within three (3) years unfeasible
due to existing improvements or conditions.".
NOW, THEREFORE, the parties agree as follows:
1. The then Owners agree to construct curb, gutter, and
sidewalk along the frontage, of owner's property (approximately
157 feet) at such time as the City of Aspen deems construction
necessary and feasible. It is acknowledged by all parties that
the present requirement is for two (2) foot gutter, six (6) inch
vertical curb, and five (5) foot wide, concrete sidewalk.
2. In the alternative, at the City's option, the City may
construct the above improvements and the then Owners shall
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Si1Vi'z
D s, Pitkin Cnty
�
Cler-k,
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reimburse the City for all costs of such construction.
Reimbursement shall be made, to the City within ninety (90) days
after receipt of invoice.
3. This Agreement shall be binding and shall inure to the
benefit of the Owners' heirs, assigns, and successors in title of
the parties hereto should such title be transferred.
Entered into this g�k day of June, 1993.
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
day of June, 1993, by Douglas P. Allen and Douglas P. Allen
as attorney -in -fact for Marvin O. Burton.
Witness my hand and official seal.
My commission expires: INN h0
Notary PubtAc F 1
Address:
FINALLY adopted, passed, and approved this day of
1993.
John . Bennett, Mayor
ATTEST:
Kathryn Koch, City Cler
MI\146.06083
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y 1_�_� Irv.
TO: Mayor and Council
THRU: Amy Margerum, City Manager
THRU: Diane Moore, City Planning Director,
FROM: Leslie Lamont, Senior Planner
DATE: June 28, 1993
RE: Castle Creek Townhomes Subdivision Exemption for
Condominiumization - Second Reading Ordinance 33, Series
of 1993
SUMMARY: The applicants, Douglas P. Allen and Marvin 0. Burton,
request a subdivision exemption to condominiumize a newly built
duplex.
Although staff is in the process of amending the condominiumization
regulations, the applicant has elected to proceed with the
subdivision exemption accepting language which reflects that
certain risks are undertaken by the applicant in regards to
anticipated text amendments.
Staff recommends approval of Ordinance 33, Series of 1993. Please
see attached Ordinance, Exhibit A.
BACKGROUND: Council adopted Ordinance 33 on first reading at the
June 14, 1993 meeting. Council correctly questioned whether vested
rights was necessary for this application. There are two ways for
an applicant to vest their development rights: acquire vested
rights status from Council via an Ordinance or pull a building
permit. The duplex that is being condominiumized is almost
complete. Therefore, granting vested rights through this process
is redundant. Staff has eliminated the vested rights language from
Ordinance 33, Series of 1993. The only request for review by
Council is condominiumization for the Castle Creek Townhomes.
It is the opinion of the City Attorney that the existing
condominiumization regulations in the Aspen Municipal code are
fully enforceable until Council approves the text amendments
changing the language in the Code. Therefore, the
condominiumization of the duplex has been reviewed pursuant to the
existing Section 24-7-1007.
Staff has scheduled a public hearing at the Planning and Zoning
Commission on July 20, 1993 for the condominiumization text
amendments. The first Council meeting to review the text
amendments has been scheduled for August 9, 1993.
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CURRENT ISSUES:
A. Proposed Amendments
The applicants propose to condominiumize a recently developed
duplex.
Due to the ongoing review of the condominium regulations, staff
recommends that language be included in the ordinance stating that
certain risks are undertaken by the applicant in regards to
anticipated text amendments, and that if adopted, these amendments
may result in the lifting of requirements currently in place.
Pursuant to Section 24-7-1007, the condominiumization of
residential units requires the following:
a. Purchase rights of existing tenants
Response: This is a new structure, there are no existing
tenants.
b. Six month minimum lease requirement
Response: The application states that the units shall be
restricted to six month minimum leases, with no more than two
shorter tenancies per year. Language to this effect shall be
included in the Condominium Declarations and in the
Subdivision Exemption Agreement.
c. Affordable Housing Impact fee
Response: An accessory dwelling unit has already been
approved for this duplex as a requirement of Ordinance 1. The
deed restriction for the accessory dwelling unit has been
filed with the Aspen/Pitkin County Housing Authority.
d. Building inspection
Response: During the development, the project was inspected
in April of 1993 as part of final inspection for a Certificate
of Occupancy.
RECOMMENDATION: Staff recommends condominiumization approval of
the duplex at 777-787 Castle Creek Drive with the following
conditions:
1. All representations that the applicant has made regarding this
amendment shall be adhered to during any development.
2. Prior to filing the condominium plat, the applicant shall deed
restrict the condominiumized residential units to a six month
minimum lease, with no more than 2 shorter tenancies per year.
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Language to that affect shall be included in the subdivision
exemption agreement.
3. Prior to the sale of either unit, a subdivision exemption
agreement and condominium plat, to be reviewed and approved by the
Engineering Department, shall be filed which meets the requirements
of Section 24-7-1004.D of the Municipal Code and the comments of
the Engineering Department review memo of June 8, 1993.
4. A final inspection of the units shall be conducted to confirm
that the accessory dwelling unit complies with APCHA guidelines.
5. The applicant shall agree to join any future improvement
districts which may be formed for the purpose of constructing
improvements in the public right-of-way.
RECOMMENDED MOTION: "I move to approve Ordinance 33, Series of 1993
granting condominiumization for 777-787 Castle Creek Drive."
CITY MANAGER'S COMMENTS:
ATTACHMENTS:
A. Ordinance 33, Series of 1993
B. Referral Comments
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ORDINANCE NO. _
(SERIES OF 1993)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING CONDOMINIUMIZATION
FOR 777-787 CASTLE CREEK DRIVE, LOT 10, CASTLE CREEK SUBDIVISION,
CITY OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the applicants, Doug Allen and Marvin Burton, have
submitted an application to condominiumize a newly developed
duplex; and
WHEREAS, on July 1, 1992, the State Legislature enacted the
Colorado Common Interest Ownership Act ("CCIOA") which arguably
conflicts with certain provisions of the Aspen Municipal Code
governing the subdivision/condominiumization approval process as
adopted by the City, and under which the instant condominiumization
is being processed for approval; and
WHEREAS, the City Council has taken under advisement possible
amendments to the Aspen Municipal Code so as to eliminate any
conflicts or potential conflicts between the CCIOA and local
condominiumization ordinances; and
WHEREAS, in the event amendments to the municipal
condominiumization ordinances are subsequently enacted after
adoption of this ordinance approving the condominiumization as
sought herein, and said amendments reduce or eliminate conditions
of condominiumization approval as currently required under existing
ordinances and as imposed upon the applicant herein, it is City
Council's desire that the applicant herein receive the benefit of
those amendments; and
WHEREAS, the City Council may not and has not committed itself
or the City to the actual adoption of any amendment to the
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Municipal Code as described in the foregoing recital; and
WHEREAS, the applicant has been fully apprised as to his
rights and obligations under current ordinances governing
condominiumization approval; and
WHEREAS, the applicant has determined to proceed with his
approval application at this time at his own risk knowing that
amendments to existing condominiumization ordinances may or may not
subsequently be adopted, and that such amendments if adopted may
not provide him any relief from the conditions of approval as
imposed in this ordinance; and
WHEREAS, the Aspen City Council has reviewed and considered
the amendments under the applicable provisions of the Municipal
Code, to wit, Division 10 Section 24-7-1007, and has reviewed and
considered those recommendations by the Planning Department and has
taken public comment at public hearing; and
WHEREAS, the City Council finds that this Ordinance furthers
and is necessary for public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
Section 1: In accordance with Section 24-7-1007 of the Municipal
Code, the City Council grants and awards condominiumization
approval for 777-787 Castle Creek Drive, Lot 10, Castle Creek
Subdivision, subject to the conditions as specified herein:
1. All representations that the applicant has made regarding this
amendment shall be adhered to during any development.
2. Prior to filing the condominium plat, the applicant shall deed
restrict the condominiumized residential units to a six month
minimum lease, with no more than 2 shorter tenancies per year.
K
• 0
Language to that affect shall be included in the subdivision
exemption agreement.
3. Prior to the sale of either unit, a subdivision exemption
agreement and condominium plat, to be reviewed and approved by the
Engineering Department, shall be filed which meets the requirements
of Section 24-7-1004.D of the Municipal Code and the comments of
the Engineering Department review memo of June 8, 1993.
4. A final inspection of the units shall be conducted to confirm
that the accessory dwelling unit complies with APCHA guidelines.
5. The applicant shall agree to join any future improvement
districts which may be formed for the purpose of constructing
improvements in the public right-of-way.
Section 2: In the event amendments to the current Municipal Code
are hereinafter enacted under which the conditions of approval of
�
(3) a deed restriction specified in Section 1 above are no longer
���///��` required, as currently mandated under the Municipal Code, then it
is the intent of the City Council that the applicant herein be
afforded the benefit(s) of such amendment(s) and that the
requirement for a deed restriction be vacated.
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 conducted and
concluded under such prior ordinances.
Section 4: If any section, subsection, sentence, clause, phrase,
or portion of this Ordinance is for any reason held invalid or
unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
shall not affect the validity of the remaining portions thereof.
Section 5: The City Clerk shall cause notice of this Ordinance to
M
•
•
be published in a newspaper of general circulation within the City
of Aspen no later than fourteen (14) days following final adoption
hereof. Such notice shall be substantially in the following form:
Notice is hereby given to the general public of the approval
of a site specific development plan, and the creation of a
vested property right pursuant to Title 24, Article 68,
Colorado Revised Statutes, pertaining to the following -
described property:
The property shall be described in the notice and appended to said
notice shall be the ordinance granting such approval.
Section 6: A public hearing on the Ordinance shall be held on the
day of , 1993 at 5:00 in the City Council Chambers,
Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the day of
. 1993.
John Bennett, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this
, 1993.
John Bennett, Mayor
Attest:
Kathryn S. Koch, City Clerk
day of
• qkty Council Exhibit
Approved , 19 _
MEMORANDUM By Ordinance
To: Leslie Lamont, Planning Office
From: Chuck Roth, City Engineer
Date: June 8, 1993
Re: Castle Creek Townhomes Condominiumization
Having reviewed the above referenced application, having made a site inspection, and
having discussed various details with the applicant, the Engineering Department has the
following comments:
1. Parking - There appears to be adequate space for sufficient parking. The final plat
must indicate the locations and dimensions of all parking spaces in order to confirm
compliance with Code. The minimum size requirement is 8 1/2' x 18' x 7' high for head -
in spaces.
2. Sidewalk, Curb & Gutter - In conjunction with the certificate of occupancy for the
duplex, an executed agreement to construct sidewalk, curb and gutter is being provided
to the City. This agreement must be provided prior to signing the final plat. Additionally,
the final plat must indicate a five foot wide (where feasible), pedestrian usable space on
both street frontages of the property. In conjunction with providing the pedestrian usable
spaces and providing some minimal sidewalk type development to enhance the usability
of the pedestrian space, we recommend that the applicant provide a small pedestrian
footbridge to cross the irrigation ditch.
3. Right-of-way - There are two right-of-way problems at the site. The first is that the
existing Cemetery Lane right-of-way width is substandard lJoth from a functional standpoint
and according to Code requirements. The applicant was unwilling to dedicate right-of-
way along Cemetery Lane because the lot FAR is maximized and a non -conforming lot
would result. The applicant agreed to permit the plat to reflect a 7.5' width space along
Cemetery Lane as being possibly needed in the future for right-of-way expansion and right-
of-way improvements.
The second right-of-way problem is that the northerly property corner is located in
the asphalt of the intersection of Castle Creek Drive and Cemetery Lane. The applicant
was unwilling to dedicate right-of-way at this location for the same reason discussed above,
however he is willing to grant the public a license for a portion of the tip of the property
for pedestrian, vehicular, and snow storage use.
4. Trash - The plat does not indicate a trash storage area. The final plat must indicate
0
a trash storage area on the applicant's property and not in the public right-of-way.
5. Site Drainage - Storm runoff does not appear to be a problem at this site. Drywells
have been constructed, and the basic site drainage is into the property, away from the
street.
6. Property Monuments - At the time of the site visit, some of the property monuments
could not be found. The surveyor's certificate on the final plat must indicate that all
monuments were in place on a recent date of survey.
7. Final Plat -
(1) Must show trees along Castle Creek Drive and Cemetery Lane in order to
identify them versus the right-of-way and property line.
(2) Must show the irrigation ditch.
(3) Must contain language in surveyor's certificate that all easements indicated on
title policy number , dated , have been show on the plat.
8. Development in the Public Right -of --way - Given the continuous problems of
unapproved work and development in public rights -of -way, we advise the applicant as
follows:
The applicant shall consult city engineering (920-5080) for design
considerations of development within public rights -of -way, parks department
(920-5120) for vegetation species, and shall obtain permits for any work or
development, including landscaping, within public rights -of -way from city
streets department (920-5130).
Approval of building permit plans does not constitute approval of design or work in the
public right-of-way.
Recommended Conditions of Approval
1. Prior to the sale of either unit, a condominium plat must be filed which meets the
requirements of Section 24-7-1004.13 of the Municipal Code and the comments of the
Engineering Department review memo of June 8, 1993.
2. The applicant shall agree to join any future improvement districts which may be
formed for the purpose of constructing improvements in the public right-of-way.
cc: Bob Gish, Public Works Director M93.144
0
0
MEMORANDUM
TO: Mayor and Council
THRU: Amy Margerum, City Manager
THRU: Diane Moore, City Planning Direct r
FROM: Leslie Lamont, Senior Planner
DATE: June 14, 1993
RE: Castle Creek Townhomes Subdivision Exemption for
Condominiumization and Vested Rights - First Reading
Ordinance 33, Series of 1993
SUMMARY: The applicants, Douglas P. Allen and Marvin O. Burton,
request a subdivision exemption to condominiumize a newly built
duplex.
Although staff is in the process of amending the condominiumization
regulations, the applicant has elected to proceed with the
subdivision exemption accepting language which reflects that
certain risks are undertaken by the applicant in regards to
anticipated text amendments.
Staff recommends approval Ordinance , Series of 1993. Please see
attached Ordinance, Exhibit A.
BACKGROUND: It is the opinion of the City Attorney that the
existing condominiumization regulations in the Aspen Municipal code
are fully enforceable until Council approves the text amendments
changing the language in the Code.
Therefore the condominiumization of these residential units has
been reviewed pursuant to the existing Section 24-7-1007.
Staff has scheduled a public hearing at the Planning and zoning
Commission on July 20, 1993 for the condominiumization text
amendments. The first Council meeting to review the text
amendments has been scheduled for August 9, 1993.
CURRENT ISSUES:
A. Proposed Amendments
The applicants propose to condominiumize a recently developed
duplex.
Due to the ongoing review of the condominium regulations, staff
recommends that language be included in the ordinance stating that
certain risks are undertaken by the applicant in regards to
0 •
anticipated text amendments, and that if adopted, these amendments
may result in the lifting of requirements currently in place.
Pursuant to Section 24-7-1007, the condominiumization of
residential units requires the following:
a. Purchase rights of existing tenants
Response: This is a new structure, there are no existing
tenants.
b. Six month minimum lease requirement
Response: The application states that the units shall be
restricted to six month minimum leases, with no more than two
shorter tenancies per year. Language to this effect shall be
included in the Condominium Declaration and in the Subdivision
Exemption Agreement.
C. Affordable Housing Impact fee.
Response: An accessory dwelling unit has already been
approved for this duplex as a requirement of Ordinance 1. The
deed restriction for the accessory dwelling unit has been
filed with the Aspen/Pitkin County Housing Authority.
d. Building inspection
Response: During the development, the project was inspected
in April of 1993 as part of final inspection for a Certificate
of Occupancy.
RECOMMENDATION: Staff recommends approval of the
condominiumization of the duplex at 777-787 Castle Creek Drive with
the following conditions:
1. All representations that the applicant has made regarding this
amendment shall be adhered to during any development.
2. The applicant shall file a condominium plat to be reviewed and
approved by the Engineering Department.
3. Prior to filing the condominium' plat, the applicant shall deed
restrict the condominiumized residential units to a six month
minimum lease, with no more than 2 shorter tenancies per year.
Language to that affect shall be included in the subdivision
exemption agreement.
4. A subdivision exemption agreement shall be filed with the
condominium plat.
2
•
•
5. A final inspection of the units shall be conducted to confirm
that the accessory dwelling unit complies with APCHA guidelines.
6. Prior to the sale of either unit, a condominium plat must be
filed which meets the requirements of Section 24-7-1004.D of the
Municipal Code and the comments of the Engineering Department
review memo of June 8, 1993.
7. The applicant shall agree to join any future improvement
districts which may be formed for the purpose of constructing
improvements in the public right-of-way.
RECOMMENDED MOTION: "I move to read Ordinance , Series of 1993."
"I move to adopt Ordinance _, 1993 on first reading granting
condominiumization for 777-787 Castle Creek Subdivision."
CITY MANAGER'S COMMENTS:
ATTACHMENTS:
A. Ordinance _, Series of 1993
B . Referral Comments
3
• Oty Council Exhibit A
Approved 19 _
T Or n e
ORDINANCE NO �3
(SERIES OF 1993) )
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING CONDOMINIUMIZATION
AND VESTED RIGHTS STATUS FOR 777-787 CASTLE CREEK DRIVE, LOT 10, /.
CASTLE CREEK SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. C
WHEREAS, the applicants, Doug Allen and Marvin Burton, hav
submitted an application to condominiumize a newly developed duplex
and vest their development rights; and
WHEREAS, on July 1, 1992, the State Legislature enacted the
Colorado Common Interest Ownership Act ("CCIOA") which arguably
conflicts with certain provisions of the Aspen Municipal Code
governing the subdivision/condominiumization approval process as
adopted by City, and under which the instant condominiumization is
being processed for approval; and
WHEREAS, the City Council has taken under advisement possible
amendments to the Aspen Municipal Code so as to eliminate any
conflicts or potential conflicts between the CCIOA and local
condominiumization ordinances; and
WHEREAS, in the event amendments to the municipal
condominiumization ordinances are subsequently enacted after
adoption of this ordinance approving the condominiumization as
sought herein, and said amendments reduce or eliminate conditions
of condominiumization approval as currently required under existing
ordinances and as imposed upon the applicant herein, it is City
Council's desire that the applicant herein receive the benefit of
those amendments; and
WHEREAS, the City Council may not and has not committed itself
or the City to the actual adoption of any amendment to the
1
u
•
Municipal Code as described in the foregoing recital; and
WHEREAS, the applicant has been fully apprised as to his
rights and obligations under current ordinances governing
condominiumization approval; and
WHEREAS, the applicant has determined to proceed with his
approval application at this time at his own risk knowing that
amendments to existing condominiumization ordinances may or may not
subsequently be adopted, and that such amendments if adopted may
not provide him any relief from the conditions of approval as
imposed in this ordinance; and
WHEREAS, the Aspen City Council has reviewed and considered
the amendments under the applicable provisions of the Municipal
Code, to wit, Division 10 Section 24-7-1007, and has reviewed and
considered those recommendations by the Planning Department and has
taken public comment at public hearing; and
WHEREAS, the City Council finds that this Ordinance furthers
and is necessary for public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
Section 1: In accordance with Section 24-7-1007 of the Municipal
Code, the City Council grants and awards condominiumization
approval for 777-787 Castle Creek Drive, Lot 10, Castle Creek
Subdivision, subject to the conditions as specified herein:
1. All representations that the applicant has made regarding this
amendment shall be adhered to during any development.
2. The applicant shall file a condominium plat to be reviewed and
approved by the Engineering Department.
2
3. Prior to filing the condominium plat, the applicant shall deed
restrict the condominiumized residential units to a six month
minimum lease, with no more than 2 shorter tenancies per year.
Language to that affect shall be included in the subdivision
exemption agreement.
4. A subdivision exemption agreement shall be filed with the
condominium plat.
5. A final inspection of the units shall be conducted to confirm
that the accessory dwelling unit complies with APCHA guidelines.
6. Prior to the sale of either unit, a condominium plat must be
filed which meets the requirements of Section 24-7-1004.D of the
Municipal Code and the comments of the Engineering Department
review memo of June 8, 1993.
7. The applicant shall agree to join any future improvement
districts which may be formed for the purpose of constructing
improvements in the public right-of-way.
Section 2: Pursuant to Section 24-6-207 of the Municipal Code,
the City Council does hereby grant the applicant vested rights for
777-787 Castle Creek Drive, Lot 10, Castle Creek Subdivision as
follows:
1. The rights granted by the site specific development plan
approved by this Ordinance shall remain vested for three (3)
years from the date of final adoption specified below.
However, any failure to abide by the terms and conditions
attendant to this approval shall result in forfeiture of said
vested property rights. Failure to timely and properly record
all plats and agreements as specified herein and or in the
Municipal Code shall also result in the forfeiture of said
vested rights.
2. The approval granted hereby shall be subject to all rights of
referendum and judicial review.
3. Nothing in the approvals provided in this Ordinance shall
exempt the site specific development plan from subsequent
reviews and or approvals required by this Ordinance or the
general rules, regulations or ordinances or the City provided
that such reviews or approvals are not inconsistent with the
approvals granted and vested herein.
4. The establishment herein of a vested property right shall not
preclude the application of ordinances or regulations which
are general in nature and are applicable to all property
3
0 •
subject to land use regulation by the City of Aspen including,
but not limited to, building, fire, plumbing, electrical and
mechanical codes. In this regard, as a condition of this site
development approval, the developer shall abide by any and
all such building, fire, plumbing, electrical and mechanical
codes, unless an exemption therefrom is granted in writing.
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 conducted and
concluded under such prior ordinances.
Section 4: If any section, subsection, sentence, clause, phrase,
or portion of this Ordinance is for any reason held invalid or
unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
shall not affect the validity of the remaining portions thereof.
Section 5: The City Clerk shall cause notice of this Ordinance to
be published in a newspaper of general circulation within the City
of,Aspen no later than fourteen (14) days following final adoption
hereof. Such notice shall be substantially in the following form:
Notice is hereby given to the general public of the approval
of a site specific development plan, and the creation of a
vested property right pursuant to Title 24, Article 68,
Colorado Revised Statutes, pertaining to the following -
described property:
The property shall be described in the notice and appended to said
notice shall be the ordinance granting such approval.
Section 6: A public hearing on the Ordinance shall be held on the
day of , 1993 at 5:00 in the City Council Chambers,
Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published in a
4
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the day of
1993.
Attest:
John Bennett, Mayor
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this day of
, 1993.
Attest:
Kathryn S. Koch, City Clerk
John Bennett, Mayor
5
ASPENTITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5197
MEMORANDUM
TO: City Engineer
Zoning Administration
FROM: Leslie Lamont, Planning Office
RE: Castle Creek Townhomes Subdivision Exemption for Condominiumization
Parcel ID No. 2735-122-06-002
DATE: May 12, 1993
Attached for your review and comments is an application submitted by Marvin Burton and
Douglas Allen.
Please return your comments to me no later than May 28, 1993.
Thank you.
• 0 0 •
ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090 FAX# (303) 920-5197
May 12, 1993
Douglas Allen
600 E. Hopkins, Suite 302
Aspen, CO 81611
Re: Castle Creek Townhomes Subdivision Exemption for
Condominiumization
Case A30-93
Dear Douglas,
The Planning Office has completed its preliminary review of the
captioned application. We have determined that this application
is complete.
We have scheduled this application for first reading before the
Aspen City Council on Monday, June 14, 1993 at a meeting to begin
at 5:00 p.m. Second reading is scheduled for July 12. Should
these dates be inconvenient for you please contact me within 3
working days of the date of this letter. After that the agenda
dates will be considered final and changes to the schedule or
tabling of the application will only be allowed for unavoidable
technical problems. The Friday before the meeting dates, we will
call to inform you that a copy of the memo pertaining to the
application is available at the Planning Office.
If you have any questions, please call Leslie Lamont, the planner
assigned to your case at 920-5101.
Sincerely,
iuzYn4e' L. Wolff
Administrative Assistant
(ormccc.no.ph
LAW OFFICES OF •
ZOUG l kE F. ALLEN
Alpine Professional Building
600 East Hopkins, Suite 302
Aspen, Colorado 81611
Douglas P. Allen
Patricia K. Massender
May 7, 1993
Leslie Lamont
City of Aspen Planning Department
130 South Galena Street
Aspen, Colorado 81611
(303) 925-8800
FAX (303) 925-9398
Re: Castle Creek Drive Townhomes Condominiumization and Subdivision Exemption
Application
Dear Leslie:
In connection with the above, I enclose the following:
1. Completed Land Use Application Form;
2. Condominium plat of the property;
4. Letter of authorization from my partner and co-owner.
5. Title commitment.
6. Our check in the amount of the required fee of $1,176.00 payable to the City of
Aspen.
The review standards for a subdivision exemption application for condominiumization are
met due to the fact that the duplex consists of two new units, not occupied by tenants, and only
offered for sale to individual owners. The 6 month minimum lease period as required by the
City is reflected in the Condominium Declaration. The requirement for an affordable housing
impact fee has been met by the construction of an accessory dwelling unit in accordance with
City Code and restricted in accordance with the requirements of the Aspen/Pitkin County
Housing Authority. Thus the proposed condominiumization will have no adverse impact on
affordable housing, but in fact, will supply affordable housing. The building has been inspected
Leslie Lamont
May 7, 1993
Page 2
by the Building Department in the month of April 1993 for the purpose of final inspection of
new construction and issuance of Certificate of Occupancy.
Cords ly,
Douglas . Allen
DPA/pj h
Enclosures
LTR\023
a
AWAQRiEW 1
folAND USE APPLICATION
Project Name Castle Creek Townhomes
Project Location
777-787 Castle Creek Drive; Lot 10, Castle Creek Subdivision
(indicate street, lot & block mmber, legal description where
appropriate)
3) Present Zoning R-15 4) Lot Size 19,732 square feet
5) Applicant's Name, Address & Phone # Marvin 0. Burton and Douglas P. Allen
600 East Hopkins, Suite 302, Aspen, Colorado 81611
6) Representative,s Name, Address & Phone # Douglas P. Allen, 600 East Hopkins,
Suite 302, Aspen, Colorado 81611 925-8800
7) Type of Application (please aleck all that apply):
Conditional iitional Use 0my)eptial SPA Conceptual Historic Dev.
Special Review
8040 Greenline
Stream Margin
_ Mountain View Plane
x Cbndcminiumization
Lot Split/Lot Line
Adjustment
Final SPA
Our eptual FUD
Final PUD
Subdivision
Text/Map AmPrrbient
Final Historic Dev.
Minor Historic Dev.
Historic Demolition
Historic Designation
GNQS Allotment
GMQS cn
8) Description of Existing Uses (umber and type of existing stares;
appraximate sq. ft. ; number of becrrocos; any previous approvals grantsd to the
property) -
No existing use --New structure
9) Description of Development Application
Condominiumization of duplex, one unit of which contains accessory dwelling unit.
10) Have you attached the following?
yes Response to Attachment 2, Mi n i m im Submission ssion Contents
yes Re_sponse to Atfiacment 3, Specific Submission ssio n s
yes PZesponse to Attachment 4, Review Standards for Your Application
Post Office Box 1224
Aspen, Colorado 81611
April 27, 1993
City of Aspen
Attention: Leslie Lamont
Planning Department
130 South Galena
Aspen, Colorado 81611
Re: Castle Creek Drive Townhomes, a condominium
Dear Leslie:
This letter is your authority to allow my partner, Douglas P. Allen to make application
for condominiumization of the above property located at 777-787 Castle Creek Drive, Aspen,
Colorado, and sign all documents and obtain all approvals necessary for the condominiumization.
Very
LTR3\092
in O: Burton
e ,
.f CommonweaS. 49
Land Title Insurance Com �.n
p }
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: 04/10/93 at 08:30 A.M.
2. Policy or Policies to be issued:
(a) ALTA Owner's Policy -Form B-1970
(Rev. 10-17-70 8 10-17-84 or 10-21-87)
Proposed Insured:
AUSTIN W. GLEASON and GEORGE ANNA GLEASON
(b) ALTA Loan Policy,
(Rev. 10-21-87)
Proposed Insured:
TO BE DETERMINED
Case No. PCT-7572C2
Amount$ 900,000.00
Premium$ 1,034.00
Amount$ 500,000.00
Premium$ 50.00
Tax Cert. $ 20.00
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:
MARVIN 0. BURTON and DOUGLAS P. ALLEN
4. The land referred to in this Commitment is described as follows:
UNIT B, CASTLE CREEK TOWNHOMES, according to the Condominium Map thereof
recorded , 1993 in Plat Book _ at Page and as further
defined and described in the Condominium Declaration for Castle Creek
Townhomes recorded , 1993 in Book at Page COUNTY OF
PITKIN, STATE OF COLORADO.
Countersigned at: PITKIN COUNTY TITLE, INC. Schedule A-PG.1
601 E. HOPKINS This Commitment is invalid
ASPEN, CO. 81611 unless the Insuring
303-925-1766 Provisions and Schedules
Fax 303-925-6527 A and B are attached.
Authorized officer or agent
s
M 0 Commonwea*�
Land Title Insurance Company
SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the
following unless the same are disposed of to the satisfaction of the
Company:
1.
Rights or
claims of parties in possession not shown by the public records.
2.
Easements,
or claims of easements, not shown by the public records.
3.
Discrepancies, conflicts in boundary lines, shortage in area, enchroachments,
any facts
which a correct survey and inspection of the premises would disclose
and which
are not shown by the public records.
4.
Any lien,
or right to a lien, for services, labor, or material heretofore or
hereafter
furnished, imposed by law and not shown by the public records.
5.
Defects,
liens, encumbrances, adverse claims or other matters, if any,
created,
first appearing in the public records or attaching subsequent to the
effective
date hereof but prior to the date the proposed insured acquires
of record
for value the estate or interest or mortgage thereon covered by
this Commitment.
6.
Taxes due
and payable; and any tax, special assessment, charge or lien imposed
for water
or sewer service or for any other special taxing district.
7. Right of the proprietor of a vein or lode to extract or remove his
ore therefrom, should the same be found to penetrate or intersect the
premises hereby granted as reserved in United States Patent recorded
October 27, 1892 in Book 55 at Page 32 and December 3, 1892 in Book
55 at Page 35.
8. Terms, conditions, obligations and provisions of Agreement Providing
for Restrictions for the Castle Creek Subdivision recorded August
22, 1955 in Book 180 at Page 399.
9. Easements, rights of way and all matters as disclosed on Plats of
subject property recorded March 2, 1955 in Plat Book 2A at Page 177
and November 18, 1957 in Plat Book 2A at Page 241.
10. Terms, conditions, obligations and provisions of Conveyance of Water
System as set forth in instrument recorded January 27, 1970 in Book
246 at Page 395.
11. Terms, conditions, obligations and provisions of Water Agreements as
set forth in instruments recorded in Book 180 at Page 401, Book 186
at Page 34 and in Book 186 at Page 465.
12. Easements, rights of way and all matters as disclosed on Plat of
Castle Creek Townhomes recorded , 1993 in Plat Book
at Page
13. Terms, conditions, provisions,
and assessments as set forth in
Castle Creek Townhomes recorded
Page
(Continued)
obligations, easements, restrictions
the Condominium Declaration for
1993 in Book at
i
Commonweal®
L� Land Title Insurance Company
P Y
SCHEDULE B - SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors
of the full consideration for the estate or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be
insured must be executed and duly filed for record to -wit:
1. Partial Release by the Public Trustee of the,
Deed of Trust from : Marvin O. Burton and Douglas P. Allen
to the Public Trustee of the County of PITKIN
for the use of : Alpine Bank, Aspen
to secure : $1,180,000.00
dated : April 7, 1993
recorded : April 9, 1993 in Book 708 at Page 339
reception no. : 355725
2. Deed from : Marvin O. Burton and Douglas P. Allen
To : Austin W. Gleason and George Anna Gleason
3. Deed of Trust from : Austin W. Gleason and George Anna Gleason
to the Public Trustee of the County of Pitkin
for the use of : To be determined
to secure : $500,000.00
4. Evidence satisfactory to the Company that the Real Estate Transfer
Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance
No. 13 (Series of 1990) has been paid or exempted.
5. Certificate of nonforeign status executed by the transferor(s).
6. Evidence satisfactory to the Company that the Declaration of Sale,
Notice to County Assessor as required by H.B. 1288 has been complied
with.
7. Completion of Form DR 1079 regarding the witholding of Colorado Tax
on the sale by certain persons, corporations and firms selling Real
Property in the State of Colorado.
8. Recordation of a good and sufficient Plat of Castle Creek Townhomes
with all appropriate governmental approvals.
9. Recordation of a good and sufficient Condominium Declaration, Articles
of Incorporation and By -Laws for Castle Creek Townhomes.
Commonwe4lhm
Land Title Insurance Com an
p }
SCHEDULE B-SECTION 1
CONTINUED
Exceptions numbered NONE are hereby omitted.
The Owner's Policy to be issued, if any shall contain the following
items in addition to the ones set forth above:
(1) The Deed of Trust, if any, required under Schedule B-Section 1.
(2) Water rights, claims or title to water.
Pursuant to Insurance Regulation 89-2;
NOTE: Each title entity shall notify in writing every prospective
insured in an owner's title insurance policy for a single family
residence (including a condominim or townhouse unit) (i) of
that title entity's general requirements for the deletion of an
exception or exclusion to coverage relating to unfiled mechanics
or materialmens liens, except when said coverage or insurance is
extended to the insured under the terms of the policy. A
satisfactory affidavit and agreement indemnifying the Company
against unfiled mechanics' and/or Materialmen's Liens executed
by the persons indicated in the attached copy of said affidavit
must be furnished to the Company. Upon receipt of these items
and any others requirements to be specified by the Company upon
request, Pre-printed Item Number 4 may be deleted from the
Owner's policy when issued. Please contact the Company for
further information. Notwithstanding the foregoing, nothing
contained in this Paragraph shall be deemed to impose any
requirement upon any title insurer to provide mechanics or
materialmens lien coverage.
NOTE: If the Company conducts the owners' closing under
circumstances where it is responsible for the recording or
filing of legal documents from said transaction, the Company
will be deemed to have provided "Gap Coverage".
Pursuant to Senate Bill 91-14 (CRS 10-11-122);
(a) The Subject Real Property may be located in a Special Taxing
District;
(b) A Certificate of Taxes Due listing each taxing jurisdiction
may be obtained form the County treasurer of the County
Treasurer's Authorized Agent;
(c) Information regarding Special Districts and the boundaries
such districts may be obtained from the Board of County
Commissioners, the County Clerk and Recorder, or the County
Assessor.
NOTE: A tax Certificate will be ordered from the County
Treasurer by the Company and the costs thereof charged to
the proposed insured unless written instruction to the
contrary are received by the company prior to the issuance
the Title Policy anticipated by this Commitment.
This commitment is invalid unless Schedule B-Section 2
the Insuring Provisions and Schedules Commitment No. PCT-7572C2
A and B are attached.
of
.o
05/10/93 13:28 V 12002
CITY OF ASPEN
-APPLICATION CONFERENCE S�Y ,
r
PROJECT:
APPLICANT'S REPRESENTATIVE:_
RFPRESENTATIV
OWNER'S NAME:
1. Type of Application: '"" r
2. Describe action/type'of development ing requested:.
-D •1-�
3. Areas is which Applicant has 'been requested to respcind,
types of reports requested:
policy Area/
Refe a bmm
4. Review is: (P&Z Only) CC Oril ) (P&Z then to CC)
5. Public Hearing: (YES) (NO
s of the a lication to be submitted:
6. Number of copie pP
7_ What fee was applicant requested to submit: a
8. Anticipated date of submission: 4)�
9, COMMENTS/UNIQUE CONCERNS-
frm.pre-app
LOUIS H. BUETTNER SURVEYING
0040 WEST SO PR 19 CREEK ROAD
BASALT, COLORADO 81621
30 3 -927 - 3611
sv
UNIT 787, 907 sq ff
BASEMENT FLOOR
UNIT 777, 228 sq ft DIRT FLOOR
968 sq ft FLOORED
GROUND FLOOR
UNIT 787, 454 sq ft GARAGE UNIT 777, 424 sq ft GARAGE
831 sq ft 1041 sq It
SCALE I =10,
0 5 10 15 20 25 30
CATHEDRAL CEILING UNIT 1 133.71
NOTICE; ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION
BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU
FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON
ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM
SECTION A —A
LOT 10, CASTLE CREEK SUBDIVISION
CASTLE CREEK DRIVE
TOWN HOM E
71
98
90.00
CITY OF ASPEN
PITKIN COUNTY, COLORADO
UPPER FLOOR
UNIT 787, 1354 sq ft UNIT 777, 1599 sq ft
LCE — LIMITED COMMON ELEMENT
SHEET 2 OF 2
s�.
N
SCALE I�=20
O 10 20 30 40 50 60 70 60 90 100
w
Z
Q
J
THE BASIS OF BEARINGS FOR THE SURVEYS WAS THE RECORD BEARING OF NORTH 13' 34'
WEST ALONG THE SOUTHWESTERLY LOT BOUNDARIES OF LOTS It AND 12 OF CASTLE CREEK
SUBDIVISION, BETWEEN FOUND LOT CORNER MONUMENTS AS DESCRIBED AND MARKED
CONTROL POINTS HEREON.
FOUND PROPERTY MONUMENTS
BEARING CONTROL POINTS
LOT 12
LEGEND j I
FOUND 5/8"STEEL ROD PROPERTY CORNER MONUMENT. f
SET 5/8" STEEL ROD PROPERTY CORNER MONUMENT WITH PLASTIC CAP
MARKED "BUETTNER 13166" (8/9/90)
GCE GENERAL COMMON ELEMENT SURVEYORS CERTIFICATE
LCE LIMITED COMMON ELEMENT
I, LOUTS H. BUETTNER HEREBY CERTIFY THAT IN AUGUST, 1990, AND FEBRUARY, 1993,
SURVEYS WERE PERFORMED UNDER MY SUPERVISION OF 1.CASTLE CREEK DRIVE
TOWNHOME" AS SHOWN HEREON. THIS PLAT CONTAINS THE INFORMATION REQUIRED
BY SECTION 38-33.3-209 OF THE COLORADO REVISED STATUTES.
LOUIS H. BUETTNER LS 13166
LOT 10, CASTLE CREEK SUBDIVISION
CASTLE CREEK DRIVE
�- TOWNHOME
L. CITY OF ASPEN
PITKIN COUNTY, COLORADO
ASPEN CITY COUNCIL APPROVAL
THIS PLAT OF 1.CASTLE CREEK DRIVE TOWNHOME" WAS APPROVED BY
THE CITY OF ASPEN, CITY COUNCIL ON THE DAY OF ,
19 AS A SUBDIVISION EXCEPTION.
SIGNED THIS DAY OF 19
ATTEST BY CITY CLERK MAYOR
CITY ENGINEER APPROVAL
1, , CITY ENGINEER FOR THE CITY OF ASPEN,
COLORADO, DO HEREBY APPROVE OF THIS PLAT OF 1.CASTLE CREEK DRIVE
TOWNHOME" TO BE RECORDED IN THE OFFICE OF THE CLERK AND RECORDER
OF PITKIN COUNTY, COLORADO.
CITY ENGINEER
DATE
PLANNING AND ZONING COMMISSION APPROVAL
THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ASPEN, COLORADO, DOES
HEREBY APPROVE OF THIS PLAT OF ..CASTLE CREEK DRIVE TOWNHOME" TO
BE RECORDED IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY,
COLORADO, PURSUANT TO ACTION AT ITS MEETING OF ,19 _ .
PLANNING AND ZONING CHAIRMAN
PLANNING OFFICE APPROVAL
THIS PLAT OF "CASTLE CREEK DRIVE TOWNHOME" WAS APPROVED BY THE
CITY OF ASPEN PLANNING OFFICE ON THIS DAY OF , 19-
PLANNING DIRECTOR
CLERK AND RECORDER ACCEPTANCE
THIS PLAT OF THE 1.CASTLE CREEK DRIVE TOWNHOME" WAS ACCEPTED FOR
FILING IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF PITKIN,
STATE OF COLORADO, AT O'CLOCK _.M., THIS DAY OF
19 , AND RECORDED IN PLAT BOOK AT
PAGE AND , RECEPTION NO.
CLERK AND RECORDER
PITKIN COUNTY, COLORADO
OWNERS CERTIFICATE
I AS (ALL) THE OWNER(S) OF THE "CASTLE
CREEK DRIVE TOWNHOME" AS SUCH CONDOMINIUM IS DEFINED AND DESCRIBED
IN THE CONDOMINIUM DECLARATION FOR THE CASTLE CREEK DRIVE
RECORDED IN BOOK AT PAGE THROUGH AND IN PLAT
BOOK AT PAGE AND OF THE RECORDS OF THE PITKIN
COUNTY CLERK AND RECORDER, COLORADO, HEREBY PUBLISH THIS PLAT OF THE
1.CASTLE CREEK DRIVE TOWNHOME�
NAME
STATE OF COLORADO)
)SS
COUNTY OF PITKIN )
THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS
OF , 19 , BY
MY COMMISSION EXPIRES:
WITNESS MY HAND AND OFFICIAL SEAL
NOTARY PUBLIC
DAY
TITLE STATEMENT
THE UNDERSIGNED, A DULY -AUTHORIZED REPRESENTATIVE OF A CORPORATE TITLE
INSURER REGISTERED TO DO BUSINESS IN PITKIN COUNTY, COLORADO, DOES
HEREBY CERTIFY, PURSUANT TO SECTION 24-7-1001 (j) OF THE ASPEN MUNIlPAL
CODF, THAT THE PFRIZON(S) LISTED AS OWNER(S) ON TH!S --AT DO HOLD. FEE
SIMPLE TITLE TO ALL LIENS AND ENCUMBRANCES EXCEPT THOSE LISTED ON
THE TITLE INSURANCE COMMITMENTS NO.'S EFFECTIVE
RESPECTIVELY, ISSUED BY
(TITLE COMPANY), ALTHOUGH WE BELIEVE THE FACTS STATED
ARE TRUE, THIS CERTIFICATE IS NOT TO BE CONSTRUED AS ABSTRACT OF
TITLE, NOR AN OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND IT IS
UNDERSTOOD AND AGREED THAT
(TITLE COMPANY), NEITHER ASSUMES, NOR WILL BE CHARGED WITH ANY FINANCIAL
OBLIGATION OR LIABILITY WHATEVER ON ANY STATEMENT CONTAINED HEREIN.
NAME, TITLE
(TITLE COMPANY)
ADDRESS
STATE OF COLORADO)
)SS
COUNTY OF PITKIN )
THE TITLE STATEMENT HEREON WAS ACKNOWLEDGED BEFORE ME THIS DATE,
19 , BY AS
(TITLE) OF
(TITLE COMPANY).
MY COMMISSION EXPIRES:
WITNESS MY HAND AND SEAL.
ARY PUBLIC
MORTGAGEE'S CERTIFICATE
THE UNDERSIGNED, BEING ALL THE MORTGAGEES OF THE CONDOMINIUM, HEREBY CONSENT
AND APPROVE OF THE MAKING AND RECORDING OF THIS PLAT OF THE CASTLE
CREEK DRIVE TOWNHOME'.'
MORTGAGEE OF (NAME
BY: NAME B TITLE
LOU 13 H. BUETTNER SURVEYING
0040 WEST SOPRIS CREEK ROAD
BASALT, COLORADO 61621
303-92T-3611
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION
BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU
FIRST DISCOVER SUCH DEFECT, IN NO EVENT, MAY ANY ACTION BASED UPON
ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM
ruc nerc nc THE CFRTIFICAT ION SHOWN HEREON.
SHEET I OF 2