HomeMy WebLinkAboutcoa.lu.ec.700 E Hyman Ave. 1987 28A-877670E . /lyrn an . 2'7.37
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 7 PARCEL ID AND CASE NO.
DATE COMPLETE: a737-1,5�2-//-00,6 &?5-A - 8'7
STAFF MEMBER: Glerv>
PROJECT NAME: 'ZOO F. llvma �O�C1/Din ire /!cm ! /oh
Project. Address: o
APPLICANT:-
Applicant Addres _
REPRESENTATIVE: 44'Amc
Representative Address/Phone: 3/S E.
TYPE OF APPLICATION: �, lylslon
PAID: oyos NO AMOUNT: -[6 C) -O-C)
1 STEP APPLICATION:
P&Z MEETING DATE: PUBLIC HEARING: YES NO
DATE REFERRED: INITIALS:
2 STEP APPLICATION: 0(�� S-TC(p C-C_
CC MEETING DATE: PUBLIC HEARING: YEq� DN
DATE REFERRED: FII Z INITIALS:
REFERRALS:
'ty Attorney Mtn. Bell School District
Parks Dept.
Holy Cross
Fire Marshall
Fire Chief
Roaring Fork
Transit
City Engineer
Housing Dir.
Aspen Water
City Electric
Envir. Hlth.
Aspen Consol.
S.D_
Rocky Mtn Nat Gas
State Hwy Dept(GW)
State Hwy Dept(GJ)
B1dg:Zon/Inspect
Roaring Fork
Energy Center
Other
FINAL ROUTING: DATE ROUTED: INITIAL:
City Atty City Engineer ' Bldg. Dept_
Other- , (�
FILE STATUS AND LOCATION:
Caseload disposition sheet for the 700 E. HHyman condominiumizat-
ion Glenn Horn review planner
The application was approved by the City Council on 9/14/87
subject to the following conditions:
1. The applicant will grant a 7'x10' easement around the transfo-
rmer to the city via a separate easement document and depict the
easement on the condominiumization plat.
2. The condominiumization plat will be resubmitted based upon the
Engineering DEpartment comments in the memorandum dated August
25, 1987.
MEMORANDUM
TO: Laura Mattson, Finance
Dallas Everhart, Finance
FROM: Jay Hammond, Engineering
DATE: October 1, 1987
RE: Hodge Companies Check for $17,500
A brief note for your information on the check for $17,500 from
the Hodge Companies. The money was submitted for escrow purposes
to provide financial assurances for the construction of right-of-
way improvements at the 700 E. Hyman condominiums. Upon
satisfactory completion of those items, the money will be
authorized through me for return to the developer.
JH/co/HodgeCk
MEMORANDUM
TO: Steve Burstein, Planning
FROM: Jay Hammond, City Engineering YTA
DATE: April 21, 1987
RE: 700 E. Hyman Subdivision Exception
Having reviewed the plat and draft agreement for the 700 E. Hyman
Subdivision, I would offer the following comments:
Final approval should be conditioned on the following:
1. Grant of a seven foot by ten foot easement in the area around
the existing transformer on the northeast corner of the property
as a " non-exclusive communications and electric easement." A
separate easement agreement should be recorded.
2. The plat should show the proposed sidewalk and right-of-way
improvements.
3. Financial assurances shall be required for public
improvements and landscaping in the right-of-way.
JH/co/700HymanSubdExcep
TO:
FROM:
DATE:
MEMORANDUM
Glenn Horn, Planning Office
Steve Burstein, Planning Office
Jay Hammond, City
January 5, 1987
Engineering
RE: 700 E. Hyman Residential GMP and Subdivision Exception
-----------------------------------------------------------------
-----------------------------------------------------------------
RESIDENTIAL GMP
The attached evaluation sheet suggests recommended scoring for
those areas pertinent to Engineering concern. Most of the
concerns are reasonably self-explanatory, however,
recommendations of note that differ from the scoring requested by
the applicant include:
I. Storm Drainage; Recommended score 1 point.
Storm drainage is a delicate issue wherein the optimum solution
is to maintain historic conditions. That is to say, recharge to
the aquifer is maintained at historic levels as is the flow off -
site. The reason for this is that increasing recharge to the
aquifer, as suggested by the applicant, opens the possibility of
creating groundwater problems for this or adjacent properties.
Undercharging the aquifer can lower groundwater levels affecting
those on wells who are dependent on historic recharge.
In short, the only potential we see for an additional point for a
property such as this, where adjacent right-of-way drainage is
already adequate, would be a storm drainage system that
reintroduces water into the ground at historic rates, while
retaining historic off -site flow for reintroduction to the storm
system on a delayed basis. This would maintain the historic
aquifer while reducing impacts on public facilities.
2. Trails; Recommended score 2 points.
City resolution 19, series of 1975, would require construction of
sidewalk along the street frontages of the project. We would
review the sidewalk construction as a desirable, but standard,
solution to providing for pedestrian circulation.
3. Bonus points; Recommended score 2 points.
This recommendation is only for bonus points related to
Engineering concerns. This project offers an excellent design in
relation to provision of excess parking as well as retaining all
current on -street parking and creating no new intersection
Page Two
700 E. Hyman Residential GMP and Subdivision Exception
January 5, 1986
conflicts. The site plan also offers significant public right-
of-way amenities.
SUBDIVISION EXCEPTION
We have no particular problem with the subdivision exception
request at this time, subject to the submission of appropriate
plat and agreement documents.
JH/co/Hyman
Enclosure
CITY OF ASPEN
PLANNING AND ZONING COMMISSION EVALUATION
RESIDENTIAL GMP COMPETITION
Proj ect • �MM-E
Date j L .5 — g7
1. Public Facilities and Services (maximum of twelve [12] points) .
The Commission shall consider each application with respect to
its impact upon public facilities and services and shall rate
each development according to the following formula:
0 -- Project requires the provision of new services at increased
public expense.
1 -- Project may be handled by existing level of service in the
area, or any service improvement by the applicant benefits
the project only and not the area in general.
2 -- Project in and of itself improves the quality of service in
a given area.
a. Water Service (maximum two [2] points) .
Consideration of the capacity of the water supply system to
provide for the needs of the proposed development and, if a
public system, its ability to supply water to the development
without system extensions beyond those normally installed by
the developer, and without treatment plant or other facility
upgrading.
RATING:
COMMENTS:
I
vt� D F(CM Q. AA
b. Sewer Service (maximum two [2] points) .
Consideration of the capacity of the sanitary sewers to
dispose of the water of the proposed development and, if a
public sewage disposal system is to be used, the capacity of
the system to service the development without system extensions
beyond those normally installed by the developer, and
without treatment plant or other facility upgrading.
COMMENTS:
RATING: I
R
C. Storm Drainage (maximum two [21 points) .
Consideration of the capacity of the drainage facilities to
adequately dispose of the surface runoff of the proposed
development without system extensions beyond those normally
installed by the developer.
RATING:
COMMENTS: A&A.i�LLW,— h. C, -S01�
d. Fire Protection (maximum two (2] points) .
Consideration of the ability of the fire department of the
appropriate fire protection district to provide fire protection
according to the established response standards of the
appropriate district without the necessity of establishing a
new station or requiring addition of major equipment to an
existing station.
RATING:
COMMENTS:
e. Parking Design (maximum two [2] points) .
Consideration of the provision of an adequate number of off-
street parking spaces to meet the requirements of the
proposed development and considering the design of said
spaces with respect to visual impact, amount of paved
surface, convenience and safety.
RATING : 7—
COMMENTS:
o�-
f. Roads (maximum two [1] points) .
Consideration of the capacity of major street linkages to
provide for the needs of the proposed development without
substantially altering existing traffic patterns or overloading
the existing street system or the necessity of providing
increased road mileage and/or maintenance.
RATING: I
- 2 -
COMMENTS:
SUBTOTAL:
2. Quality of Design (maximum fifteen [15] points) .
The Commission shall consider each application with respect to
the site design and amenities of each project and shall rate each
development by assigning points according to the following formula:
0 -- Indicates a totally deficient design.
1 -- Indicates a major design flaw.
2 -- Indicates an acceptable (but standard) design.
3 -- Indicates an excellent design.
a. Neighborhood Compatibility (maximum three [3] points) .
Consideration of the compatibility of the proposed building
(in terms of size, height and location) with existing
neighboring developments.
RATING:
COMMENTS:
b. Site Design (maximum three (3] points) .
Consideration of the quality and character of the proposed
landscaping and open space area, the extent of undergrounding
of utilities, and the arrangement of improvements for
efficiency of circulation and increased safety and privacy.
RATING: 3
Jhl
C. Energy (maximum three [3] points) .
Consideration of the use of insulation, passive solar
orientation, solar energy devices, efficient fireplaces and
heating and cooling devices to maximize conservation of
energy and use of solar energy sources.
RATING:
— 3 —
COMMENTS:
d. Trails (maximum three [3] points) .
Consideration of the provision of pedestrian and bicycle
ways and the provisions of links to existing parks and trail
systems, whenever feasible.
RATING: z-
COMMENTS:
e. Green Space (maximum three [3] points) .
Consideration of the provision of vegetated, open space on
the project site itself which is usable by the residents of
the project and offers relief from the density of the
building and surrounding developments.
COMMENTS:
RATING:
SUBTOTAL:
3. Proximity to Support Services (maximum (6] points) .
The Commission shall consider each application with respect
to its proximity to public transportation and community commercial
locations and shall rate each development by assigning points
according to the following formula:
a. Public Transportation (maximum three [3] points) .
1 -- Project is located further than six blocks walking
distance from an existing city or county bus route.
2 -- Project is located within six blocks walking distance
of an existing city or county bus route.
3 -- Project is located within two blocks walking distance
of an existing city or county bus route.
RATING: 1-5
— 4 —
COMMENTS: _ lo.� _�6 rZkt
b. Community Commercial Facilities (maximum three [31 points) .
The Planning Office shall make available a map depicting the
commercial facilities in town to permit the evaluation of
the distance of the project from these areas.
1 -- Project is located further than six blocks walking
distance from the commercial facilities in town.
2 -- Project is located within six blocks walking distance
of the commercial facilities in town.
3 -- Project is located within two blocks walking distance
of the commercial facilities in town.
For purposes of this section, one block shall be equivalent
to two hundred fifty (250) feet in linear distance.
RAT TNc - 3
COMMENTS : l Qom . � ,o
SUBTOTAL:
4. Employee Housing (maximum forty [401 points) .
The commission shall assign points to each applicant who agrees
to provide low, moderate and middle income housing which complies
with the housing size, type, income and occupancy guidelines of
the City of Aspen and with the provisions of Section 24-11.10 of
the Municipal Code of the City of Aspen.
Points shall be assigned according to the following schedule:
Two (2) points f or each f ive ( 5) percent of the total
development that is restricted to low income price guidelines
and low income occupancy limitations;
Two (2) points for each ten (10) percent of the total
development that is restricted to moderate income price
guidelines and moderate income occupancy limitations;
Two (2) points for each fifteen (15) percent of the total
development that is restricted to middle income price
guidelines and middle income occupancy limitations.
To determine what percent of the total development is restricted
to low, moderate and middle income housing, the commission shall
compare the number of persons to be housed by the project as a
whole with the number of persons to be provided with low, moderate
and middle income housing using the following criteria which
shall be applied to both the restricted and non -restricted units:
- 5 -
Studio: 1.25 residents
One -bedroom: 1.75 residents
Two -bedroom: 2.25 residents
Three -bedroom or larger: 3.00 residents;
Dormitory: 1.00 residents per 150 square feet of unit space.
a. Low Income Housing Provided (Two [2] points for each five
(5] percent housed) .
RATING:
COMMENTS:
b. Moderate Income Housing Provided (Two [2] points for each
ten [10] percent housed) .
RATING:
COMMENTS:
C. Middle Income Housing Provided (Two [2] points for each
fifteen [ 15 ] percent housed).
COMMENTS:
RATING:
SUBTOTAL:
5. Conversion of Existing Units (maximum five [5] points) .
The commission shall assign points to those applicants who
guarantee to provide a portion of their low, moderate and middle
income housing units by purchasing fully constructed units which
are not restricted to Aspen's housing guidelines and placing a
deed -restriction upon them in compliance with Section 24-11.10 of
the Municipal Code of the City of Aspen.
- 6 -
Points shall be
assigned according to the following schedule:
POINTS
1% - 33%
of all
low, moderate and
middle
1
income
units proposed by
applicant
are to
be purchased and
deed -restricted
34% - 66%
of all
low, moderate and
middle
3
income
units proposed by
applicant
are to
be purchased and
deed -restricted
67% - 100%
of all
low, moderate and
middle
5
income
units proposed by
applicant
are to
be purchased and
deed -restricted
RATING:
COMMENTS:
6. Bonus Points (maximum seven [7] points) . RAVING:
COMMENTS • / T
., n ... /I.4_C
POINTS IN CATEGORIES 1, 2, 3, and 4:
POINTS IN CATEGORY 5 :
POINTS IN CATEGORY 6:
TOTAL POINTS:
Name of P&Z Commissionmember :
- 7 -
1
MEMORANDUM
TO: Aspen City Council
THRU: Robert S. Anderson, Jr., City Manager
FROM: Glenn Horn, Planning office d�
RE: 700 E. Hyman Condominiumization
DATE: September 14, 1987
SUMMARY
The Planning Office recommends approval of a subdivision excep-
tion for the purposes of condom iniumization for the new residen-
tial development known as 700 E. Hyman.
BACKGROUND
APPLICANT: Hodge West.
APPLICANT'S REQUEST: Condominiumization of four dwelling units.
REPRESENTATIVE: Rich Luhman.
LOCATION: 700 E. Hyman Avenue.
DESCRIPTION OF PROJECT: Two duplex residential units presently
nearing completion. Development was approved last year as part
of the 1986 Residential GMQS competition (see attachment 1-
application).
ZONING: O-Office.
CHARACTER OF THE AREA: The subject property is located in a
predominantly long-term residential area which also contains a
significant number of office and commercial land uses.
REFERRAL COMMENTS:
1. City Attorney: The City Attorney has not commented at
this time but may comment at the public meeting.
2. Engineering Department: The City Engineer requests a
grant of 7' x 10' easement in the area around the
transformer. If the applicant agrees to grant the
easement it should be shown on the plat and granted via
a separate easement document prepared by the applicant.
Prior to finalization of the plat all deficiencies
noted by the City Engineer should be corrected.
PLANNING OFFICE COMMENTS: Section 20-19(c) of the Municipal Code
empowers the City Council to grant an exception from the strict
application of the subdivision regulations when it is determined
that the complete subdivision process serves no public purpose
and is unnecessary. The applicants request is for a new residen-
tial development. In the staff's opinion, it is most appropriate
to review this condominiumization request as a subdivision
exception and consider the request in just one review hearing.
Section 20-22 establishes criteria for the review of condominium-
ization. Each of the criteria are addressed below.
Criteria 1 - Existing tenants must be given notice of sale
and first right of refusal.
Review - This criteria is not relevant because 700 E. Hyman
is a new project.
Criteria 2 - All units must be restricted to six (6) month
minimum lease with no more than two (2) shorter tenancies
per year.
Review - The applicant agrees within the application to
abide by this section of the Code.
Criteria 3 - Demonstration that approval will not reduce the
supply of low and moderate income housing must be provided.
Review - This criterion is not relevant because 700 E. Hyman
is a new development and, therefore, tenants will not be
displaced. The project is being developed on lots which
were previously vacant.
Criteria 4 - The units must be inspected for fire, health,
and safety conditions prior to condominiumization.
Review - The units will be inspected prior to the issuance
of a Certificate of Occupancy.
ADVISORY COMMITTEE RECOMMENDATION: None. This item has been
brought to City Council directly.
RECOMMENDED MOTION: The Planning Office recommends approval of
the application via the following motion:
"Move to grant Subdivision Exception for purposes of
condominiumization for 700 E. Hyman subject to the following
three conditions:
F,
1) The applicant will grant a 7' x 10' easement around the
transformer to the City of Aspen via a separate
easement document and depict the easement on the
condominiumization plat.
2) The condominiumization plat will be re -submitted based
upon the Engineering Department comments (see attach-
ment 2 ) in a form acceptable to the City Engineer and
City Attorney.
3) The four dwelling units in the 700 E. Hyman development
will be restricted to six (6) month minimum leases with
no more than two (2) shorter tenancies per year.
CITY MANAGER'S COMMENTS:
GH.700
3
APPLICATION FOR APPROVAL OF PLAN FOR CONDOMINIUMIZATION
PURSUANT TO SECTION 20-19(c) SUBDIVISION EXCEPTION
THIS APPLICATION, submitted on behalf of HODGE WEST, a
California limited partnership, requests exception from the
full subdivision process for the condominiumzation of two
duplexes currently under construction on the property known
as 700 East Hyman. The real property is described as
follows:
Lots K, L, M, and N, Block 104,
City and Townsite of Aspen,
Pitkin County, Colorado.
Section 20-22 of the Aspen Municipal Code sets forth the
requirements by which this condominiumization may be
approved. Included in this section are the following
requirements:
(1) Existing tenants must be given notice of sale and
right of first refusal [subparagraph (a)].
(2) All units must be restricted to six (6) month
minimum leases with no more than two (2) shorter tenancies
per year [subparagraph (b)].
(3) Demonstration that approval will not reduce the
supply of low and moderate income housing must be provided
[subparagraph (c)].
(4) The unit shall be inspected for fire, health and
safety conditions prior to condominiumzation [subparagraph
(e)].
The Applicant is requesting exception under Section
20-19(c) for requirements (1) the notice of sale and right of
first refusal provision, (3) the demonstration that approval
will not reduce the supply of low and moderate income
housing, and (4) the units be inspected for fire, health and
safety conditions prior to condominiumzation.
This application is submitted under Section 20-19(c)
because the review standards contained therein, namely that
certain requirements be deemed "to be redundant, serve no
public purpose, and to be unnecessary in relation to the land
use policies of the City of Aspen under the facts and
circumstances presented", are the most appropriate to apply
when dealing with condominiumization and, further, because
the review standards of Section 20-19(a) requiring a
determination of undue hardship, deprivation of reasonable
use of land, and the destruction and loss of a substantial
property right should an exception not be granted, are
totally nonsensical when applied to a plan which merely
changes the form of ownership without regard to the physical
- 1 -
characteristics or historic use of the property in question.
This project participated in the 1987 GMP competition
and, after being subjected to the rigorous scrutiny of the
City's full planning process and the attendant public input,
received approval for the units currently under construction.
Further adherence to the full subdivision process makes no
sense since the proposed condominiumization has no effect on
the allowable density or distribution, proposed use, or
pattern of development for the subject parcel which was
reviewed and approved through the City's GMP competition.
Condominiumization pemits the separate ownership of each
unit and the common ownership of certain designated common
areas. This application contemplates the creation of a
declaration of covenants and restrictions which shall govern
the subject units and a condominium map which shall depict
the areas in separate ownership and the areas in common
ownership. The development pattern for the parcel is not
impacted in that the Code requirements for building setback
and floor area ratio were fully addressed during the GMP
competition.
The approval of this Application for Subdivision
Exception does not contravene the intent and purpose of the
full subdivision procedure. The purpose of the full
subdivision procedure is:
"to assist the orderly, efficient and integrated
development of the City of Aspen; to insure the
proper distribution of population and coordinate
the need for public services with governmental
improvement programs; to encourage well -planned
subdivision by setting standards for subdivision
design and improvement; to improve land records
and survey monuments by establishing standards
for surveys, plans and plats; to safeguard the
interests of the public and the subdivider, and
provide consumer protection for the purchaser;
to acquire desirable public area; and to otherwise
promote the health, safety and general welfare of
the residents and visitors to the City of Aspen."
Aspen Municipal Code, Subsection 20-2, "Purpose
and Intent".
The proposed condominiumization does not impact the
following concerns expressed as purposes for the subdivision
regulations: the need for public services, planned
subdivision, survey standards, and consumer protection. The
granting of this Application is not detrimental to the public
welfare or injurious to other property in the area since the
result of the proposed condominiumization is merely a change
in the ownership format.
- 2 -
The requirements for providing a right of first refusal
to existing tenants should be excepted in this case because
the project consists of newly constructed units which have
never been occupied by tenants.
The approval of this application will not reduce the
supply of low and moderate income housing because these units
are currently under construction and have never been part of
the housing supply of the City of Aspen. Furthermore, the
approval of the subject proposal would not result in the
displacement of any tenants, nor in any adverse impact on
employee housing. In fact, the applicant has provided
additional employee housing as a condition of his GMP
approval.
The fact that these units are under construction will
insure that they meet current fire, health and safety
requirements since a Certificate of Occupancy will only issue
if they pass the more complete inspection required for new
construction. The requirement of an additional inspection
pursuant to Section 20-22(e) is clearly redundant and
unnecessary in relation to the land use policies of the City
of Aspen.
Attached to this application are the following described
documents which are submited as part of this application:
1. Proposed Condominium Map.
Respectfully submitted this �l day of August, 1987.
condoapp/CONDO2
LAW OFFICES OF GIDEON I. KAUFMAN,
a Professional Corporation
By//, Z /f i,
Richard 3."Luhm
- 3 -
MEMORANDUM
To: Glenn Horn, Planning Office
From: Elyse Elliott, Engineering Department
Date: August 25, 1987
Re: 700 E. Hyman Condominiumization
The Engineering Department has these comments on the above
application:
1. The City requests a grant of a 7' x 10' easement in the area
around the transformer. This should be shown on the plat and a
separate easement document.
2. The plat has many deficiencies, in particular:
a. lot lines according to City standards.
b. distance to the center line of adjacent streets.
C. improvements on the sidewalk and right-of-way.
d. curb and gutter.
e. on -site parking.
f. existing utility sources and meter locations on site and
in the alley.
g. easements or encroachments.
h. common areas.
i. adjacent lots and subdivisions.
j. individual units.
k. elevations of floors and ceilings.
1. limited elements.
Dear
ASPEN/PITRIN PLANNING OFFICE
130 S. Galena Street
Aspen, CO 81611
(303) 925-2020
Date.
-.4
RE: /nl� /� /7�Vntan
14�1/ c�7
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have determined
that your application IS NOT oomplete.
Additional items required include:
Disclosure of Ownership (one copy only needed)
Adjacent Property Owners List/Envelopes/Postage (one copy)
Additional copies of entire application
Authorization by owner for representative to submit applica-
tion
Response to list of items (attached/below) demonstrating
compliance with the applicable policies and regulations of the
Code, or other specific materials
A check in the
amount of $
A.
Your a licatio s co lete and we have scheduled
�iyl % %
it for
We will
review by the
call you if we
on _
need any additional information prior
to that
date. Several
days prior to your hearing, we will call and
make available
a copy of the memorandum.. Please note
that it
IS NOT your
responsibility to post your property
with a
sign, which we
can provide you for a $3.00 fee..
B. Your application is incomplete, we have not scheduled it
review at this time. When we receive the materials we have
requested, we will place you on thhe� next available agenda.
If you have any questions, please call
the planner assigned to your case.
Sincerely,
ASPEN/PITRIN PLANNING OFFICE
„10(„us) Gis\: i Dili l
TO: City Attorney
City Engineer
FROM: Glenn Horn, Planning Office
RE: 700 E. Hyman Condominiumization
DATE: August 14, 1987
Attached for your review and comments is an application submitted
by Richard Luhman on behalf of his client, Hodge West, requesting
Subdivision Exception to condominiumize two duplexes under
construction at 700 E. Hyman.
Please review this material and send your comments to this office
no later than August 26, 1987 in order for this office to have
adequate time to prepare for its presentation before City
Council.
Thank you.
APPLICATION FOR APPROVAL OF PLAN FOR CONDOMINIUMIZATION
PURSUANT TO SECTION 20-19(c) SUBDIVISION EXCEPTION
THIS APPLICATION, submitted on behalf of HODGE WEST, a
California limited partnership, requests exception from the
full subdivision process for the condominiumzation of two
duplexes currently under construction on the property known
as 700 East Hyman. The real property is described as
follows:
Lots K, I., M, and N, Block 104,
City and Townsite of Aspen,
Pitkin County, Colorado.
Section 20-22 of the Aspen Municipal Code sets forth the
requirements by which this condominiumization may be
approved. Included in this section are the following
requirements:
(1) Existing tenants must be given notice of sale and
right of first refusal [subparagraph (a)].
(2) All units must be restricted to six (6) month
minimum leases with no more than two (2) shorter tenancies
per year [subparagraph (b)].
(3) Demonstration that approval will not reduce the
supply of low and moderate income housing must be provided
[subparagraph (c)].
(4) The unit shall be inspected for fire, health and
safety conditions prior to condominiumzation [subparagraph
(e) ] .
The Applicant is requesting exception under Section
20-19(c) for requirements (1) the notice of sale and right of
first refusal provision, (3) the demonstration that approval
will not reduce the supply of low and moderate income
housing, and (4) the units be inspected for fire, health and
safety conditions prior to condominiumzation.
This application is submitted under Section 20-19(c)
because the review standards contained therein, namely that
certain requirements be deemed "to be redundant, serve no
public purpose, and to be unnecessary in relation to the land
use policies of the City of Aspen under the facts and
circumstances presented", are the most appropriate to apply
when dealing with condominiumization and, further, because
the review standards of Section 20-19(a) requiring a
determination of undue hardship, deprivation of reasonable
use of land, and the destruction and loss of a substantial
property right should an exception not be granted, are
totally nonsensical when applied to a plan which merely
changes the form of ownership without regard to the physical
- 1 -
characteristics or historic use of the property in question.
This project participated in the 1987 GMP competition
and, after being subjected to the rigorous scrutiny of the
City's full planning process and the attendant public input,
received approval for the units currently under construction.
Further adherence to the full subdivision process makes no
sense since the proposed condominiumization has no effect on
the allowable density or distribution, proposed use, or
pattern of development for the subject parcel which was
reviewed and approved through the City's GMP competition.
Condominiumization pemits the separate ownership of each
unit and the common ownership of certain designated common
areas. This application contemplates the creation of a
declaration of covenants and restrictions which shall govern
the subject units and a condominium map which shall depict
the areas in separate ownership and the areas in common
ownership. The development pattern for the parcel is not
impacted in that the Code requirements for building setback
and floor area ratio were fully addressed during the GMP
competition.
The approval of this Application for Subdivision
Exception does not contravene the intent and purpose of the
full subdivision procedure. The purpose of the full
subdivision procedure is:
"to assist the orderly, efficient and integrated
development of the City of Aspen; to insure the
proper distribution of population and coordinate
the need for public services with governmental
improvement programs; to encourage well -planned
subdivision by setting standards for subdivision
design and improvement; to improve land records
and survey monuments by establishing standards
for surveys, plans and plats; to safeguard the
interests of the public and the subdivider, and
provide consumer protection for the purchaser;
to acquire desirable public area; and to otherwise
promote the health, safety and general welfare of
the residents and visitors to the City of Aspen."
Aspen Municipal Code, Subsection 20-2, "Purpose
and Intent".
The proposed condominiumization does not impact the
following concerns expressed as purposes for the subdivision
regulations: the need for public services, planned
subdivision, survey standards, and consumer protection. The
granting of this Application is not detrimental to the public
welfare or injurious to other property in the area since the
result of the proposed condominiumization is merely a change
in the ownership format.
- 2 -
The requirements for providing a right of first refusal
to existing tenants should be excepted in this case because
the project consists of newly constructed units which have
never been occupied by tenants.
The approval of this application will not reduce the
supply of low and moderate income housing because these units
are currently under construction and have never been part of
the housing supply of the City of Aspen. Furthermore, the
approval of the subject proposal would not result in the
displacement of any tenants, nor in any adverse impact on
employee housing. In fact, the applicant has provided
additional employee housing as a condition of his GMP
approval.
The fact that these units are under construction will
insure that they meet current fire, health and safety
requirements since a Certificate of Occupancy will only issue
if they pass the more complete inspection required for new
construction. The requirement of an additional inspection
pursuant to Section 20-22(e) is clearly redundant and
unnecessary in relation to the land use policies of the City
of Aspen.
Attached to this application are the following described
documents which are submited as part of this application:
1. Proposed Condominium Map.
Respectfully submitted this day of August, 1987.
condoapp/CONDO2
LAW OFFICES OF GIDEON I. KAUFMAN, ,
a Professional Corporation
By ✓ �C l>ll'
Richard Luhm
- 3 -
Re, IorM M.. -- ,1 t► �f 53et:689
-
2 QUIT CLAIM DEED
x
THIS DEED. Made this 7th das ,d May 1487 ar+ + ►`�►
V►- 7 Ict..een nodge Capital Company, a California I [a ea
r:! )aimlimited partnership, O +
CL5<
Count) of *Sarin And State of
1>t an a Californ a Or
frJnh,ff:I. an�I Hodge -West Comp Y, lava ��
limited partnership -+
y
vh,,srlegalJJdte+.1+ 1505 Bridgeway, Suite 129,
California
01 the
Countyof f1a r in and State of 1►"". graniev,1.
W'ITNESSI?TH. That the grantrtttsl. ton and In comlderanon of the .urn of Ten Dollars ( $ 10-00) ' x� `
and other good and valcable consideration---------------
the receipt and suffkten, N ul which Is here ackrum ledged. ha S rerni cd. released. sold. conveyed and OUfT CLAIMED. and h)
these presents die S remise. release. c ii. s„rt+e1 and QUIT CLAIM unit) the grantccxx its hem. successors, and assigns. l
forever, all tM right. trite. Interest. claim and demand %shish the grantoriN ha S In and it, the real property, together State with
Couniyof Pitkin
,nlpt ,ernenb. 11 an). situate. I%mg and hang inthe
t ,,lnradu. described as to110%,
Lots K, L, M and N in
Block 104, City and Townsite of
Aspen
t
DOMME:
RAY I � i9
also krw•+sn by street end number as
To HAVE AND V 1 HOLD the same, together uuh all and singular the APllartrnJnces and Pn+ ni,)n . etthet in belonging or m
Inv%Ise thcreunto alsivrtalmng. and all the estate. right. title. mtrrrst And .lain, what,oc,cr, of the gramnn sl, ruhrr m law /K cyutty, w, ._
the only Pnprm use. hcnehi and hehln.l of tltr gIjnk"E). 1 t S ilclrs and asslgm forever
IN WITNESS WdLREf)F. The graoa,r") has executed thn deed on the dale set both atxrse
HODGE CAPITAL COMPANY -
-- - - A limited partnership
Y
-- Thomas Wilson
CALIFORNIA General Partner
STATE OAS ).
County of Marin 7 th day I
�It May , r87
I he I.,regoing Imuu,lleni waow.n,nsledgrdtxhncnlr Ibis
h,,Thomas H. Wilson, general partner of the Hodge Capital Company,
a California limited partnership
\h , ,mmrssu.n r+Plrcs
NI,rte+s m) hand and olhslal scat
VERIFICATION OF APPLICATION
I, THOMAS H. WILSON, General Partner of HODGE WEST, a
California limited partnership, hereby states that the
information contained in the preceding Application for
Approval of Plan for Condominiumization is true and correct
to the best of my knowledge.
HODGE WEST, a California
limited Abartnership
By
Thomas H. Wilson
General Partner
Gt-f
- 4 -
VERIFICATION OF APPLICATION
I, THOMAS H. WILSON, General Partner of HODGE WEST, a
California limited partnership, hereby states that the
information contained in the preceding Application for
Approval of Plan for Condominiumization is true and correct
to the best of my knowledge.
HODGE WEST, a California
limited artnersbii
B
Y
Thomas H. Wilson
General Partner
- 4 -
Recorded It o'cbc �.M ,
Rece�ion Nog 6) ; c 7 arc Wd swW
SILVIA DAVIS PITKIN COUNTY RECORDER y7 T C
RELEASE OF RESTRICTIVE COVENANT
a-�
Grantor: Hodge Capital Company, a California limited partnership
Original Beneficiary: City of Aspen
Date of Covenant: April 27, 1987
Recording Date of Covenant: May 6, 1987
Book 535, Page 439, of the Records of Pitkin County
W I T N E S S E T H:
The provisions of the "Covenant Restricting Lot 2,
Block 104, City and Townsite of Aspen", having been satisfied by
the Grantor, Hodge Capital Company, with respect to a portion of
said property, the City of Aspen, as the Beneficiary of said
restriction, hereby forever releases Condominium Unit C of the
700 East Hyman Duplexes, a subdivision of Lot 2, Block 104, City
and Townsite of Aspen, Colorado (also known as 704 East Hyman
Avenue, Aspen, Colorado), from the above -described Restrictive
Covenant.
Dated: December 29, 1987.
CITY OF ASPEN
By:
HTTEST:
S3 A
C�tY.. Cie
24/DD7
RQeordedet 2 o'clock�.M
Reception No — Z-,ri G, Jl� soon 561 msE693
SILVIA DAVIS PITKIN COUNTY RECORDER
OCCUPANCY AND RESALE DEED RESTRICTION AND AGREEMENT
THIS OCCUPANCY AND RESALE DEED RESTRICTION AND AGREEMENT
(the "Agreement") is made and imposed this `t' ` day of November,
1987, by Lee Robinson (hereinafter referred to as "Owner"), for
the benefit of and enforceable by the Aspen/Pitkin County Housing
Authority, a Colorado corporation (hereinafter referred to as the
"Housing Authority") organized pursuant to the Colorado County
Housing Authority laws, as set forth in C.R.S. Section 29-4-501,
et. seq. and/or the Board of County Commissioners of the County
of Pitkin.
W I T N E S S E T H:
WHEREAS, Owner owns a 1,730 square foot dwelling which is
located on the real property described as follows:
Unit B, Valley Condominiums,
Lot 11, Block 1,
Pitkin Mesa Subdivision,
Pitkin County, Colorado.
For purposes of this Agreement, the Dwelling, the Real Property
and all appurtenances, improvements and fixtures associated
therewith shall hereinafter be referred to as the "Property"; and
WHEREAS, Owner desires to restrict the use and occupancy of
the Property to employees and their families who fall within the
"moderate income sale guidelines" established and indexed by the
Housing Authority on an annual basis. In addition, the Owner
desires that this Agreement shall constitute a resale agreement
setting forth the maximum sale price, amount of appreciation and
the terms and provisions of the resale of the Property, should
Owner desire to sell the Property at any time after the date of
this Agreement.
FOR VALUE RECEIVED, the receipt and sufficiency of which is
hereby acknowledged, Owner hereby covenants and agrees as fol-
lows:
1. The use and occupancy of the Property, described above,
shall henceforth be limited to housing for individuals who are
employed in Pitkin County and who meet the definition of
PMK 561 RAU694
"qualified moderate income employees" as that term is defined by
the Housing Authority Guidelines established and indexed on an
annual basis. The Property shall be sold only in accordance with
the Occupancy and Resale Guidelines attached hereto and
incorporated herein by this reference as Exhibit A. The owner
shall have the right to lease the Property to qualified employees
of his or her own selection in accordance with the rental
guidelines established by the Housing Authority.
2. The Property shall be limited to occupancy by no more
than 5 adults and related children.
3. No lease agreement executed for occupancy of the
Property shall provide for a rental term of less than six consec-
utive months.
4. This Agreement shall be deemed to run with the Property
as a burden thereon for the benefit of, and shall be specifically
enforceable by, the Housing Authority, the Board of County
Commissioners of the County of Pitkin, and the City of Aspen, by
any appropriate legal action including but not limited to injunc-
tion, abatement, or eviction of non -complying tenants during the
period of the life of the last surviving member of the presently
existing Board of County Commissioners of the County of Pitkin,
Colorado, plus twenty-one years, or for a period of fifty years
from the date of recording hereof in the Pitkin County real
property records, whichever period shall be less.
5. In the event that the Owner shall desire to sell the
Property, Owner shall execute a standard Listing Contract with
the Authoritv which shall communicate Owner's intention to sell
the Property. Simultaneously with the execution of the Listing
Contract, Owner shall pay a deposit (the "Deposit") to the
Authority in an amount equal to one percent (1.0%) of the maximum
selling price. The Authority shall immediately advertise the
Property for sale by competitive bid. The Owner may accept the
highest bid, or, in the alternative, reject all bids and retain
ownership of the Property. If the Owner rejects all bids, then
Owner shall forfeit the Deposit; if the Owner sells the Property
pursuant hereto, Owner shall pay the Authority an amount equal to
06/DD7 -2-
mox 561 PAGE695
two percent of the sale price less the amount of Deposit previ-
ously made.
6. "Qualified Purchasers" are those meeting the qualifica-
tions of the Authority, which qualifications shall be established
arinually and published the first day of April, by resolution of
the Authority, taking into consideration employment, length of
residency, financial stability, net worth and maximum income, and
any and all other criteria adopted by the Authority reasonably
calculated to determine an individual's eligibility for mid-
dle -income housing and ability to finance the same. In no event
shall anv Qualified Purchaser submit a bid for an amount which
would result in the Qualified Purchaser assuming obligations in
excess of the maximum sale price established by the Authority.
7. In no event shall the Property be sold for an amount in
excess of the total of the following (hereinafter the "Maximum
Resale Price"):
(a) The sum of $139,500.00 (the "Base Price" calculated as
maximum allowable square footage times current square
footage price) plus appreciation equal to (1) or (2)
below, whichever is less:
(1) The Owner's purchase price plus an increment equal
to 60 of the purchase price per annum from the
date of purchase (pro -rated at the rate of
one-half of one percent (.5%) per month for each
whole month for any part of a year); or
(2) An amount (based upon the Consumer Price Index,
All Items, U.S. City Average, Urban Wage Earners
and Clerical Workers (Revised), published by the
U.S. Department of Labor, Bureau of Labor Statis-
tics) calculated as follows:
The Base Price multiplied by the Consumer Price
Index last published prior to the date of the
Intent to Sell Notice, the product of such mul-
tiplication then being divided by the Consumer
Price Index most recently published as of the date
of this Agreement; plus,
06/DD7 -3-
BooK 561 PAw696
(b) The cost of any capital improvements made to the
Property subsequent to the date of this Agreement,
determined by cost less depreciation according to
methods established in the Authority's guidelines; not
to exceed 50% of the purchase price, plus,
(c) The cost of any assessments imposed against the Property
and paid by Owner for any public improvements sponsored
by any governmental or quasi -governmental agency and
which have been paid during the period commencing from
the date of this Agreement through the date of the
Owner's sale or transfer of the Property.
NOTHING HEREIN SHALL BE CONSTRUED TO CONSTITUTE A GUARANTEE
BY THE AUTHORITY THAT ON RESALE THE OWNER SHALL OBTAIN THE
MAXIMUM RESALE PRICE. RATHER, IT SHALL CONSTITUTE, ONLY, THE
MAXIMUM RESALE PRICE FOR WHICH THE PROPERTY MAY BE SOLD BY OWNER.
8. In the event a bid is received equal to or in excess of
the Maximum Resale Price herein established, the Property shall
be awarded to such bidder at the Maximum Resale Price; and in the
event owner receives two or more bids equal to the Maximum Resale
Price, then the winning bidder shall be selected by lottery,
whereupon the Property shall be sold to the winner of such
lottery at the Maximum Resale Price. Nothing herein shall be
construed to prevent the Owner from rejecting all bids and
retaining ownership of the Property.
9. It is agreed and acknowledged by Owner and the Authority
that the Property may be sold by Owner to a Qualified Purchaser
who, for purposes of obtaining financing, may take title to the
Property in co -tenancy, joint tenancy or other similar
co -ownership with one or more persons who are not Qualified
Purchasers ("Non -Qualified Purchasers"). In this regard, it is
agreed and acknowledged that any such Non -Qualified Purchaser who
takes title to the Property will represent, warrant and covenant
unto the Authority that (a) he shall not occupy the Property or
acquire sole ownership of the same unless or until qualified by
the Authority (b) he shall join in any sale or transfer of the
Property and shall execute any and all documents necessary to do
06/DD7 -4-
BOOK 561 PAGE697
so and (c) should Non -Qualified Purchaser become the sole owner
of the Property, the Property shall immediately be placed for
sale and any reasonable bid by Qualified Purchaser shall be
accepted (reasonable bid shall be determined by the Authority).
10. Owner shall not permit any prospective purchaser to
assume any or all of the Owner's customary closing costs nor
accept any other consideration which would cause an increase in
the purchase price above the bid price or Maximum Resale Price so
as to otherwise induce the Owner to sell to such prospective
purchaser.
11. The following transfers of interests in the Property
shall (unless designed to avoid the provisions of this Agreement)
be exempt from the right of first refusal hereinabove granted:
(a) A transfer by operation of law of a deceased person's
interest to the surviving joint tenant.
(b) A transfer of interest by will or inheritance.
(c) A transfer by genuine gift without any consideration
therefore.
(d) A transfer of an interest to a trustee for the benefit
of the Owner or the Owner's spouse or issue.
(e) A transfer or conveyance by operation of law or other-
wise of an interest of the Owner to any other co -owners
where such co -owners hold title on the date of such
transfer as tenants -in -common or as joint tenants.
(f) A transfer of an interest by treasurer's deed pursuant
to a sale for delinquent taxes or by a sheriff's or
public or private trustee's deed pursuant to a judgment
execution or foreclosure sale.
Notwithstanding anything contained in this Paragraph 7 to the
contrary, it is agreed and acknowledged that in the event the
Property is transferred in any manner described in Paragraphs
7(a) through (f) above, the transferee, and the transferee's
grantees or successors in interest shall be bound by the terms
and conditions of this Agreement in the same manner and degree as
if no exempt transfer had occurred.
06/DD7 -5-
. T �
Poor 561 PacE698
12. In the event the Property is sold and conveyed without
compliance herewith, such sale shall be wholly null and void and
shall confer no title whatsoever upon the intended purchaser.
Each and every conveyance of the Property, for all purposes,
shall be deemed to include and incorporate by this reference,
even without reference hereto, the covenants herein contained.
13. In the event that Owner changes his domicile or ceases
to utilize the Unit as his sole and exclusive place of residence,
he will offer the same for sale pursuant to the provisions of
these Guidelines. The Owner shall be deemed to have changed his
domicile by becoming a resident or accepting permanent employment
elsewhere, or residing in the Unit for fewer than nine (9) months
per year with the express approval of the Housing Authority. In
the event that the Housing Authority shall have probable cause to
believe that the Owner is violating the provisions of this
section, it may inspect the Unit during reasonable hours to
verify occupancy by the Owner.
14. In the event that the Authoritv has reasonable cause to
believe the Owner is violating the provisions of this Agreement,
the Authority by its authorized representative, may inspect the
Property between the hours of 8:00 a.m. and 5:00 p.m., Monday
through Friday, after providing the Owner with no less than
24 hours' prior written notice.
15. Any notice which is required to be given hereunder
shall be given by mailing the same, certified mail, to any
address provided herein or given as the current mailing address
of the party.
16. There is hereby reserved to the parties hereto any and
all remedies provided by law for breach of this Agreement or any
of its terms.
IN WITNESS WHEREOF, the partie here have executed this
instrument on the day and year abofir written.
O��INERve �
Lee Robinson
06/DD7
M-12
}
Book 561 PA 699
Mailing Address:
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
day of ;t)0d6a,4e,-, 1987, by Lee Robinson.
" Witness my hand and official seal.
""•..0��{'� commission expires: to - z
Notary Public
ACCEPTANCE BY THE HOUSING AUTHORITY
The foregoing Agreement and its terms are accepted by the
Aspen/Pitkin County Housing Authority.
ASPEN/PITKIN COUNTY
HOUSING AUTHORITY
By: o� , Sl�vc,
Chairman
Mailing Address:
530 East Main Street
Aspen, Colorado 81611
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
//� The foregoing instrument was acknowled ed before me this
�(o day ofjtr�in%ie�J, 1987, by r SGo as
Chairman of the Aspen/Pitkin County-Rousincj Authority.
Witness my hand and official seal.
My commission expires: )j Ji�
�10:��.
Notary Public ,��Vl�'t� •`a
VY
06/DD7
-7-
f
LAW OFFICES
GIDEON I. KAUFMAN
A PROFESSIONAL CORPORATION
BOX 10001
315 EAST HYMAN AVENUE. SUITE 305
ASPEN. COLORADO 81611
TELEPHONE
GIDEON I. KAUFMAN
AREA CODE 303
RICHARD S. LUHMAN 925-8166
April 28, 1987
HAND DELIVERY
Paul J. Tadddune, Esq.
City Attorney
130 South Galena Street
Aspen, Colorado 81611
Re: Covenant Restricting Lot 2 of the
700 East Hyman Avenue Development
Dear Paul:
I personally spoke with Thomas H. Wilson, General
Partner of Hodge Capital Company this afternoon and he
consented to the amendment to the referenced restrictive
covenant to be executed by Peter C. Rosell as his
attorney -in -fact. He further represented that he would be
Federal Expressing a power of attorney for this purpose,
which should arrive tomorrow and that he would execute an
original of the same covenant, as amended, and provide that
via Federal Express within the next few days to replace the
one executed by his attorney -in -fact on the understanding
that you would approve the issuance of the building permit
for commencement of work on this project. Thank you for your
thoughtful assistance in this matter.
RSL:jc
Very truly yours,
LAW OFFICES OF GIDEON I. KAUFMAN,
a Professional Corporation
By
cnara 3. Lunmz
COVENANT RESTRICTING LOT 2, BLOCK 104,
CITY AND TOWNSITE OF ASPEN, COLORADO
TO USE AS "EMPLOYEE HOUSING"
THIS COVENANT AND RESTRICTION affect' th use of real
property is made this ,�41 day of �—
1987, by
Hodge Capital Company, a California limited partnership (herein-
after referred to as "Owner").
RECITALS
1. Owner is the record owner of the following described
real property and any improvements which may be constructed
thereon (hereinafter referred to as the "Property") situate in
the City of Aspen, Pitkin County, Colorado, to -wit: Lot 2, Block
104, City and Townsite of Aspen, Colorado.
2. The City Council of the City of Aspen on Z
1987, approved a growth management plan and subdivision exemption
application affecting the Property and allowing the development
of unrestricted, "free market" dwelling units thereon.
3. As a condition of growth management plan and subdivi-
sion exemption approval for the Property, the Owner is required
to provide, at this time, property and/or dwelling units capable
of housing 4.5 low income employees subject to the specific
employee housing restrictions and guidelines of the City.
4. Owner desires to comply with the employee housing
requirement by restricting the use of the Property at this time
and to reserve the right to substitute other suitable dwelling
units in the future, as more particularly set forth below.
NOW, THEREFORE, in satisfaction of the aforementioned
conditions of GMP and subdivision exemption approval, Owner
hereby covenants and agrees as follows:
18/DD5 -1-
v. 4
1. The Property shall be and is hereby restricted exclu-
sively to use as rental or sale employee housing under and in
accordance with the City of Aspen and the Aspen/Pitkin County
Housing Authority Employee housing use, rental and sale guide-
lines and qualifications in effect on the date of this covenant.
2. The restrictive covenant contained herein shall be
deemed a burden upon and to run with the title to the Property,
shall be binding upon the Owner, its successors and assigns, and
upon all persons or entities having any right, title or interest
in and to the Property or any part thereof, and shall inure to
the benefit of and be specifically enforceable by the City of
Aspen or its designee by any appropriate legal action including
injunction, abatement or eviction of non -complying tenancies,
unless such covenant is released as set forth below.
3. Release of Covenant. The imposition of the restrictive
covenant contained herein, and its enforceability by the City of
Aspen, are subject to and conditioned upon the reservation by
Owner, its successors and assigns, of the absolute right to
substitute appropriately deed restricted dwelling units which are
capable of providing adequate housing for no less than 4.5 low
income employees, as that term is defined by the Aspen/Pitkin
County Housing Authority for the covenant contained herein. Such
housing shall be deemed adequate if it meets the rental or sale
guidelines for low income housing as established by the
Aspen/Pitkin County Housing Authority on the date of this
covenant. Substitution shall be accomplished by delivery to the
Aspen City Attorney of a fully executed covenant restricting the
dwelling units described therein to use as rental or sale
employee housing in the same manner as contained herein. Upon
receipt of said covenant, the City Attorney shall forthwith cause
to be prepared and executed a full and complete release of the
City's interest in the covenant contained herein, which release
shall be recorded in the records of the Clerk and Recorder of
Pitkin County.
18/DD5 -2-
. it
4. Except as provided in Paragraph 3, above, this covenant
shall not be modified, released or waived in any respect except
by written instrument executed by both the Owner, or its succes-
sors and assigns, and the City of Aspen.
5. Owner warrants that all persons or entities having any
lien, encumbrance, or interest in the property or in any of the
employee housing, deed restricted property, substituted herefore
shall have consented (or shall have been subordinated) to such
deed restrictions and that no occupancy of the project shall be
permitted without the written consent (or subordination) of any
such person, unless otherwise agreed to in writing by City.
IN WITNESS WHEREOF, the Owner has hereunto set his hand and
seal as of the day and year first above written.
OWNER:
HODGE CAPITAL COMPANY,
A California Limited Partnership
BY: Thomas Wilson
Gene a-'
By:
Pe r C. Rosell
Attorney -in -Fact
APPROVED AS TO FORM:
ASPEN CITY ATTORNEY
By: ---
Paul J. Ta dune
APPROVED AS TO FORM:
ASPEN/PITKIN COUNTY
HOUSING AUTHORITY
rector
18/DD5
-3-
STATE OF COLORADO
ss.
COUNTY OF PITKIN
Subscribed and sworn to before me by Peter C. Rosell,
Attorney -in -Fact for Thomas H. Wilson, General Partner, Hodge
Capital Company, as General Partner of Hose Capital Company, a
California limited partnership this ,Zf day of April, 1987.
Witness my hand and official seal. My commission expires
My Commission Expires February 19,1
C�e'r��dl/d
N ry Public
Address:
18/DD5
-4-
LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that I, THOMAS H. WILSON, do
hereby make, constitute and appoint PETE C. ROSELL my true and
lawful agent and attoreny-in-fact, for me, and in my name, to
execute on my behalf as general partner of Hodge Capital Company, a
California limited partnership,The Covenant Restricting Lot 2, Block
104, City and Townsite of Aspen, Colorado to use as "employee housing"
as executed by me on April 24, 1987 with the addition of the following
paragraph:
"5. Owner warrants that all persons or entities
having any lien, encumbrance, or interest in the
property or in any of the employee housing deed
restricted property to be substituted herefor
shall have consented (or shall have been subor-
dinated) to such deed restrictions and that no
occupancy of the project shall be permitted
without the written consent (or subordination)
of any such person, unless otherwise agreed
to in writing by City."
With the same validity as I could, if personally present; and
do hereby ratify and confirm whatsoever my said attorney shall do
or may do, by virtue hereof.
This Limited Power of Attorney, granted to my attorney -in -fact,
PETE C. ROSELL, shall be effective for a period of seven (7) days,
only, to and including the 30th day of April, 1987 at which time it
shall be deemed revoked without further action on the part of the
undersigned.
THOf 1AS H . W I LSON
State of California )
County of Marin )
On this the 0 day of A-e (z. l L- , 19 �, before
me, SUSAN DUPUIS, the undersigned Notary Public, personally appeared
/ (-4C MV 0 . W (LSo(q
personally known to me (or proven to me on the basis of satisfactory
evidence) to be the persons) whose name(s) 1 � subscribed to the
within instrument, and acknowledged that N[� executed it,
10 r
WITNESS my hand and official seal,
OFFICIAL SEAL
StlSAII DUPUIS
NOTAnY PU9LIC-CALIF ORNiA
/ PRINC1W L OFFICE IN
NARIN COUNTY
NV COKNISSI01 EXP. FEB. 25,1989
SUSAN, DUPUIS, NOTAah'PMLIC
Poou 551_ P4GE?9�
RELEASE OF RESTRICTIVE COVENANT
Grantor: Hodge Capital Company, a California limited partnership
Original Beneficiary: City of Aspen
Date of Covenant: April 27, 1987
Recording Date of Covenant: May 6, 1987
Book 535, Page 439, of the Records of Pitkin County
�o
41
00
W I T N E S S E T H:
The provisions of the "Covenant Restricting Lot 2,
Block 104, City and Townsite of Aspen", having been satisfied by
the Grantor, Hodge Capital Company, with respect to a portion of
said property, the City of Aspen, as the Beneficiary of said
restriction, hereby forever releases Condominium Unit D of the
700 East Hyman Duplexes, a subdivision of Lot 2, Block 104, City
and Townsite of Aspen, Colorado (also known as 706 East Hyman
Avenue, Aspen, Colorado), from the above -described Restrictive
Covenant.
Dated: November 13, 1987.
CITY OF ASPEN
By:_
'& 'TEST . �y
CjOyClef
_
7
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24/DD7
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Recorded at d '00 - o'clock -P M P-7/1 Jf17
Reception No 42 95 o a -7
SILVIA DAVIS PITKIN COUNTY RECORDER BOOR 551 PAGE ?85
OCCUPANCY AND RESALE DEED RESTRICTION AND AGREEMENT
THIS OCCUPANCY AND RESALE DEED RESTRICTION AND AGREEMENT
(the "Agreement") is made and imposed this 30 day of October,
1987, by Hodge Capital Company, a California limited partnership
(hereinafter referred to as "Owner"), for the benefit of and
enforceable by the Aspen/Pitkin County Housing Authority, a
Colorado corporation (hereinafter referred to as the "Housing
Authority") organized pursuant to the Colorado County housing
Authority laws, as set forth in C.R.S. Section 29-4-501, et. seq.
and/or the Board of County Commissioners of the County of Pitkin.
W I T N E S S E T H:
WHEREAS, Owner owns a 808 square foot dwelling which is
located on the real property described as follows:
Unit G-8, Building G,
Pitkin Park Place Condominiums,
Pitkin County, Colorado.
For purposes of this Agreement, the Dwelling, the Real Property
and all appurtenances, improvements and fixtures associated
therewith shall hereinafter be referred to as the "Property"; and
WHEREAS, Owner desires to restrict the use and occupancy of
the Property to employees and their families who fall within the
"low income sale guidelines" established and indexed by the
Housing Authority on an annual basis. In addition, the Owner
desires that this Agreement shall constitute a resale agreement
setting forth the maximum sale price, amount of appreciation and
the terms and provisions of the resale of the Property, should
Owner desire to sell the Property at any time after the date of
this Agreement.
FOR VALUE RECEIVED, the receipt and sufficiency of which is
hereby acknowledged, Owner hereby covenants and agrees as
follows:
1. The use and occupancy of the Property, described above,
shall henceforth be limited to housing for individuals who are
employed in Pitkin County and who meet the definition of "qual-
ified low income employees" as that term is defined by the
Book 551 PAGE .0
Housing Authority Guidelines established and indexed on an annual
basis. The Property shall be sold only in accordance with the
Occupancy and Resale Guidelines attached hereto and incorporated
herein by this reference as Exhibit A. The owner shall have the
right to lease the Property to qualified employees of his or her
own selection in accordance with the rental guidelines estab-
lished by the Housing Authority.
2. The Property shall be limited to occupancy by no more
than 5 adults and related children.
3. No lease agreement executed for occupancy of the
Property shall provide for a rental term of less than six consec-
utive months.
4. This Agreement shall be deemed to run with the Property
as a burden thereon for the benefit of, and shall be specifically
enforceable by, the Housing Authority, the Board of County
Commissioners of the County of Pitkin, and the City of Aspen, by
any appropriate legal action including but not limited to injunc-
tion, abatement, or eviction of non -complying tenants during the
period of the life of the last surviving member of the presently
existing Board of County Commissioners of the County of Pitkin,
Colorado, plus twenty-one years, or for a period of fifty years
from the date of recording hereof in the Pitkin County real
property records, whichever period shall be less.
5. In the event that the Owner shall desire to sell the
Property, Owner shall execute a standard Listing Contract with
the Authoritv which shall communicate Owner's intention to sell
the Property. Simultaneously with the execution of the Listing
Contract, Owner shall pay a deposit (the "Deposit") to the
Authority in an amount equal to one percent (1.0%) of the maximum
selling price. The Authoritv shall immediately advertise the
Property for sale by competitive bid. The Owner may accept the
highest bid, or, in the alternative, reject all bids and retain
ownership of the Property. If the Owner rejects all bids, then
Owner shall forfeit the Deposit; if the Owner sells the Property
pursuant hereto, Owner shall pay the Authority an amount equal to
two percent of the sale price less the amount of Deposit
previously made.
06/DD7 -2-
Book 551 PAGE107
6. "Qualified Purchasers" are those meeting the qualifica-
tions of the Authority, which qualifications shall be established
annually and published the first day of April, by resolution of
the Authority, taking into consideration employment, length of
residency, financial stability, net worth and maximum income, and
anv and all other criteria adopted by the Authority reasonably
calculated to determine an individual's eligibility for mid-
dle -income housing and ability to finance the same. In no event
shall any Qualified Purchaser submit a bid for an amount which
would result in the Qualified Purchaser assuming obligations in
excess of the maximum sale price established by the Authority.
7. In no event shall the Property be sold for an amount in
excess of the total of the following (hereinafter the "Maximum
Resale Price"):
(a) The sum of $54,136.00 (the "Base Price" calculated as
maximum allowable square footage times current square
footage price) plus appreciation equal to (1) or (2)
below, whichever is less:.
(1) The Owner's purchase price plus an increment equal
to 6% of the purchase price per annum from the
date of purchase (pro -rated at the rate of
one-half of one percent (.5%) per month for each
whole month for any part of a year); or
(2) An amount (based upon the Consumer Price Index,
All Items, U.S. City Average, Urban Wage Earners
and Clerical Workers (Revised), published by the
U.S. Department of Labor, Bureau of Labor Statis-
tics) calculated as follows:
The Base Price multiplied by the Consumer Price
Index last published prior to the date of the
Intent to Sell Notice, the product of such mul-
tiplication then being divided by the Consumer
Price Index most recently published as of the date
of this Agreement; plus,
(b) The cost of any capital improvements made to the
Property subsequent to the date of this Agreement,
06/DD7 -3-
Book , 551 PAGE -?00
determined by cost less depreciation according to
methods established in the Authority's guidelines; not
to exceed 50% of the purchase price, plus,
(c) The cost of any assessments imposed against the
Property and paid by Owner for any public improvements
sponsored by any governmental or quasi -governmental
agency and which have been paid during the period
commencing from the date of this Agreement through the
date of the Owner's sale or transfer of the Property.
NOTHING HEREIN SHALL BE CONSTRUED TO CONSTITUTE A GUARANTEE
BY THE AUTHORITY THAT ON RESALE THE OWNER SHALL OBTAIN THE
MAXIMUM RESALE PRICE. RATHER, IT SHALL CONSTITUTE, ONLY, THE
MAXIMUM RESALE PRICE FOR WHICH THE PROPERTY MAY BE SOLD BY OWNER.
8. In the event a bid is received equal to or in excess of
the Maximum Resale Price herein established, the Property shall
be awarded to such bidder at the Maximum Resale Price; and in the
event owner receives two or more bids equal to the Maximum Resale
Price, then the winning bidder shall be selected by lottery,
whereupon the Property shall be sold to the winner of such
lottery at the Maximum Resale Price. Nothing herein shall be
construed to prevent the Owner from rejecting all bids and
retaining ownership of the Property.
9. It is agreed and acknowledged by Owner and the
Authority that the Property may be sold by Owner to a Qualified
Purchaser who, for purposes of obtaining financing, may take
title to the Property in co -tenancy, joint tenancy or other
similar co -ownership with one or more persons who are not
Qualified Purchasers ("Non -Qualified Purchasers"). In this
regard, it is agreed and acknowledged that any such Non -Qualified
Purchaser who takes title to the Property will represent, warrant
and covenant unto the Authority that (a) he shall not occupy the
Property or acquire sole ownership of the same unless or until
qualified by the Authority (b) he shall join in any sale or
transfer of the Property and shall execute any and all documents
necessary to do so and (c) should Non -Qualified Purchaser become
the sole owner of the Property, the Property shall immediately be
06/DD7 -4-
eou 551 P�GE �
placed for sale and any reasonable bid by Qualified Purc ase
shall be accepted (reasonable bid shall be determined by the
Authority).
10. Owner shall not permit any prospective purchaser to
assume any or all of the Owner's customary closing costs nor
accept any other consideration which would cause an increase in
the purchase price above the bid price or Maximum Resale Price so
as to otherwise induce the Owner to sell to such prospective
purchaser.
11. The following transfers of interests in the Property
shall (unless designed to avoid the provisions of this Agreement)
be exempt from the right of first refusal hereinabove granted:
(a) A transfer by operation of law of a deceased person's
interest to the surviving joint tenant.
(b) A transfer of interest by will or inheritance.
(c) A transfer by genuine gift without any consideration
therefore.
(d) A transfer of an interest to a trustee for the benefit
of the Owner or the Owner's spouse or issue.
(e) A transfer or conveyance by operation of law or other-
wise of an interest of the Owner to any other co -owners
where such co -owners hold title on the date of such
transfer as tenants -in -common or as joint tenants.
(f) A transfer of an interest by treasurer's deed pursuant
to a sale for delinquent taxes or by a sheriff's or
public or private trustee's deed pursuant to a judgment
execution or foreclosure sale.
Notwithstanding anything contained in this Paragraph 7 to the
contrary, it is agreed and acknowledged that in the event the
Property is transferred in any manner described in Paragraphs
7(a) through (f) above, the transferee, and the transferee's
grantees or successors in interest shall be bound by the terms
and conditions of this Agreement in the same manner and degree as
if no exempt transfer had occurred.
12. In the event the Property is sold and conveyed without
compliance herewith, such sale shall be wholly null and void and
06/DD7 -5-
Pom 551_ PAGE ?90
shall confer no title whatsoever upon the intended purchaser.
Each and every conveyance of the Property, for all purposes,
shall be deemed to include and incorporate by this reference,
even without reference hereto, the covenants herein contained.
13. In the event that Owner changes his domicile or ceases
to utilize the Unit as his sole and exclusive place of residence,
he will offer the same for sale pursuant to the provisions of
these Guidelines. The Owner shall be deemed to have changed his
domicile by becoming a resident or accepting permanent employment
elsewhere, or residing in the Unit for fewer than nine (9) months
per year with the express approval of the Housing Authority. In
the event that the Housing Authority shall have probable cause to
believe that the Owner is violating the provisions of this
section, it may inspect the Unit during reasonable hours to
verify occupancy by the Owner.
14. In the event that the Authority has reasonable cause to
believe the Owner is violating the provisions of this Agreement,
the Authority by its authorized representative, may inspect the
Property between the hours of 8:00 a.m. and 5:00 p.m., Monday
through Friday, after providing the Owner with no less than
24 hours' prior written notice.
15. Any notice which is required to be given hereunder
shall be given by mailing the same, certified mail, to any
address provided herein or given as the current mailing address
of the party.
16. There is hereby reserved to the parties hereto any and
all remedies provided by law for breach of this Agreement or any
of its terms.
IN WITNESS WHEREOF, the parties hereto have executed this
instrument on the day and year above first written.
OWNER:
HODGE CAPITAL COMPANY
a California Limited V-cVtnership
Bv:
Thomas H. Wilson
06/DD7 -6-
eooK 551 PAGE?91
Mailing Address:
1505 Bridgeway Blvd.
Sausalito, CA 94965
STATE OF
�,C121� ss.
COUNTY OF DT«TKtiTN�)
The foregoing instrument was acknowledged before me this
71"t2A day of 1987, by Thomas H. Wilson as General
Partner of Hodge Capital Company.
Witness my hand and official seal.
ZC
My commission expires:
ol:MAAL SEAL ,
sUsaa DUPUIS
+-. 110TAAV PLt9LIC-CAL-CAllFO
tN PRZIPAL OFFICE IN
\,,yy KARIN COtATr Notary ,Public
MY CONNI35ION EXP. FEB: 25,1989
r
ACCEPTANCE BY THE HOUSING AUTHORITY
The foregoing Agreement and its terms are accepted by the
Aspen/Pitkin County Housing Authority.
ASPEN/PITKIN COUNTY
HOUSING AUTHORITY
By:
Chairman
Mailing Address:
530 East Main Street
Aspen, Colorado 81611
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged befo e me this
�( day of 1987, by rr l � as
Chairman of the Aspen/Pitkin County Housin4 Authority.
Witness my hand and official seal.
My commission expires:
No ary Public ,,� ••�:
06/DD7 -7-
cx�
_
(4
to
ew COVENANT RESTRICTING LOT
2, BLOCK 104,
00
CITY AND TOWNSITE OF ASPEN, COLORADO
Q
co
m TO USE AS "EMPLOYEE
HOUSING"
Q
THIS COVENANT AND RESTRICTION
affecting the use of real
,J
property is"made this ,� day of
1987, by
Hodge Capital Company, a California limited
partnership (herein-
after referred to as "Owner").
1. Owner is the record owner of the following described
real property and any improvements which may be constructed
thereon (hereinafter referred to as the "Property") situate in
the City of Aspen, Pitkin County, Colorado, to -wit: Lot 2, Block
104, City and Townsite of Aspen, Colorado.
2. The City Council of the City of Aspen on --) ' ,
1987, approved a growth management plan and subdivision exemption
application affecting the Property and allowing the development
of unrestricted, "free market" dwelling units thereon.
3. As a condition of growth management plan and subdivi-
sion exemption approval for the Property, the Owner is required
to provide, at this time, property and/or dwelling units capable
of housing 4.5 low income employees subject to the specific
employee housing restrictions and guidelines of the City.
4. Owner desires to comply with the employee housing
requirement by restricting the use of the Property at this time
and to reserve the right to substitute other suitable dwelling
units in the future, as more particularly set forth below.
NOW, THEREFORE, in satisfaction of the aforementioned
conditions of GMP and subdivision exemption approval, Owner
hereby covenants and agrees as follows:
18/DD5 -1-
1. The Property shall be and is hereby restricted exclu-
sively to use as rental or sale employee housing under and in
accordance with the City of Aspen and the Aspen/Pitkin County
Housing Authority Employee housing use, rental and sale guide-
lines and qualifications in effect on the date of this covenant.
2. The restrictive covenant contained herein shall be
deemed a burden upon and to run with the title to the Property,
shall be binding upon the Owner, its successors and assigns, and
upon all persons or entities having any right, title or interest
in and to the Property or any part thereof, and shall inure to
the benefit of and be specifically enforceable by the City of
Aspen or its designee by any appropriate legal action including
injunction, abatement or eviction of non -complying tenancies,
unless such covenant is released as set forth below.
3. Release of Covenant. The imposition of the restrictive
covenant contained herein, and its enforceability by the City of
Aspen, are subject to and conditioned upon the reservation by
Owner, its successors and assigns, of the absolute right to
substitute appropriately deed restricted dwelling units which are
capable of providing adequate housing for no less than 4.5 low
income employees, as that term is defined by the Aspen/Pitkin
County Housing Authority for the covenant contained herein. Such
housing shall be deemed adequate if it meets the rental or sale
guidelines for low income housing as established by the
Aspen/Pitkin County Housing Authority on the date of this
covenant. Substitution shall be accomplished by delivery to the
Aspen City Attorney of a fully executed covenant restricting the
dwelling units described therein to use as rental or sale
employee housing in the same manner as contained herein. Upon
receipt of said covenant, the City Attorney shall forthwith cause
to be prepared and executed a full and complete release of the
City's interest in the covenant contained herein, which release
shall be recorded in the records of the Clerk and Recorder of
Pitkin County.
18/DD5 -2-
BOOK525 i,1v 4`*4
4. Except as provided in Paragraph 3, above, this covenant
shall not be modified, released or waived in any respect except
by written instrument executed by both the Owner, or its succes-
sors and assigns, and the City of Aspen.
5. Ow%ier warrants that all persons or entities having any
lien, encumbrance, or interest in the property or in any of the
employee housing, deed restricted property, substituted herefore
shall have consented (or shall have been subordinated) to such
deed restrictions and that no occupancy of the project shall be
permitted without the written consent (or subordination) of any
such person, unless otherwise agreed to in writing by City.
IN WITNESS WHEREOF, the Owner has hereunto set his hand and
seal as of the day and year first above written.
OWNER:
HODGE CAPITAL COMPANY,
A California Limited Partnership
By,.._-_L .,.
Thomas H. Wilson
General Parter
APPROVED AS TO FORM: APPROVED AS TO FORM:
ASPEN CITY ATTORNEY ASPEN/PITKIN COUNTY
HOUSING AUTRORITY
Paul J.'Taddune Xizrecltllo
18/DD5 -3-
sooK535 ou; 4x
STATE OF CALIFORNIA )
ss.
COUNTY OF
Subscribed and sworn to before me by Thomas H. Wilson,
General Partner, Hodge Capital Company, as General Partner of
Hodge Capital Company, a California limited partnership this
� day of April, 1987. Witness my hand and official seal.
My commission expires
C .
OFFKN{AL S -AL
�• SUSAN DUUIS fit..• FNotary Public
,6e� ARY PUeLtC-CAL;'r0:11'IA
r'.ill°wFMNCIn+L OFFICE IN Address : 2c/�k! /�j2.t�6^'^ MY C4"�IO!I EXP, FE7: 25,1939
18/DD5 -4-
MEMORANDUM
TO: City Attorney
City Engineer
Housing Director
Aspen Water Department
Environmental Health
Aspen Consolidated Sanitation District
Fire Marshall
Roaring Fork Transit Agency*
Zoning Official
Roaring Fork Energy Center
Park Department*
FROM: Glenn Horn, Planning Office
Steve Burstein, Planning Office
RE: Mountain View Residential GMP Submission*
--7700 E. Hyman Residential GMP Submission
101U Ute Avenue Residential GMP Submission*
1001 Residential GMP Submission
DATE: December 8, 1986
a
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rn
Attached for your review and comments are the 1986 City of Aspen
Residential GMP applications received by the Planning Office. A
brief overview of the applications follows:
The requests by the four applicants for allotments are as
f oll ows :
Mountain View = 58 units
1010 Ute Ave. = 16 units
700 E. Hyman = 4 units
1001 = 4 units
for a total of 82 units.
Hearings for these 4 residential GMP applications have been
scheduled on January 20, 1987. At this meeting, only the
Mountain View project will be subject to public hearing due to
its rezoning application. On January 27, P&Z will then score all
four projects at a public hearing.
Please review this material and return your referral comments to
the Planning Office no later than January 5, 1987 in order for
this office to have adequate time to prepare for its presentation
on January 20th.
Thank you.
VANN ASSOCIATES
Planrrng Consultanl�
December 1, 1986
Mr. Steve Burstein
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, CO 81611
Re: Lucas Property Residential Growth Management
Application
Dear Steve:
Attached for the Planning Office's review are twenty-one (21)
copies of the referenced application and a check in the amount of
$3,105.00 for payment of the application fee. Please note that
in addition to the GMP/conceptual submission fee, the check
provides for the application's anticipated referral costs.
Should additional referrals be required, please advise and we
will gladly provide the appropriate fee.
Should you have any questions regarding our application, or if we
can be of any further assistance, please do not hesitate to
contact myself or the Applicant's representative, Mr. Peter
Rosell. On behalf of Vann Associates and the project team, thank
you for your assistance in the preparation of our application.
Very truly yours,
VANN ASSOCIATES
Sun Vann, AICP
ttachmetit
SV:sip✓
P.O. Box 8485 • Aspen. Colorado 61612.303 925-6958
A RESIDENTIAL
GROWTH MANAGEMENT APPLICATION
FOR THE
LUCAS PROPERTY
Prepared for
THE HODGE COMPANIES, INC.
Real Estate Development and Management
1505 Bridgeway Blvd., Suite 129
Sausalito, California 94965
(415) 331-1505
Prepared by
VANN ASSOCIATES
Planning Consultants
210 South Galena St., Suite 24
Aspen, Colordo 81611
(303) 925-6958
and
HAGMAN YAW ARCHITECTS, LTD
210 South Galena, St., Suite 24
Aspen, Colorado 81611
(303) 925-2867
TABLE OF CONTENTS
Section
Page
I.
INTRODUCTION
1
II.
PROJECT DESCRIPTION
3
A. Water System
3
B. Sewage System
4
C. Drainage System
4
D. Fire Protection
5
E. Development Data
5
F. Traffic and Parking
7
G. Location
8
H. Impact on Adjacent Uses
B
I. Construction Schedule
9
J. Employee Housing Proposal
9
III.
GROWTH MANAGEMENT REVIEW CRITERIA
11
A. Availability of Public Facilities
and Services
12
1. Water Supply
12
2. Sewage Disposal
12
3. Storm Drainage
12
4. Fire Protection
13
5. Parking
13
6. Roads
14
B. Quality of Design
1. Neighborhood Compatibility
2. Site Design
3. Energy Conservation
4. Trails
5. Green Space
C. Proximity to Support Services
1. Public Transportation
2. Community Commercial Facilities
D. Provision of Employee Housing
E. Bonus Points
14
14
24
27
29
30
30
31
31
31
32
IV. SUBDIVISION EXCEPTION 32
APPENDIX
A. Exhibit 1, Property Survey
Exhibit 2, Title Insurance Policy
B. Exhibit 1, Letter from Jim Markalunas,
Director, Aspen Water Department
Exhibit 2, Letter from Heiko Kuhn,
Manager, Aspen Consolidated Sanitation
District
Exhibit 3, Letter from Peter Wirth,
Fire Chief, Aspen Volunteer Fire
Department
Exhibit 4, Letter from Clark Smyth,
Park Place Condominiums
34
I. INTRODUCTION
The following application, submitted pursuant to Section 24-11.4
of the Aspen Municipal Code, requests a growth management allocation
for the development of four (4) residential units on a vacant 12,000
square foot parcel of land hereinafter referred to as the Lucas
property (see Appendix A, Exhibit 1). As shown on Figure 1, page 2,
the property is located at the intersection of Spring Street and Hyman
Avenue and is zoned 0-Office. More specifically, the property
consists of Lots K,L,M and N, Block 104, City of Aspen, Colorado. The
owner of the property and Applicant is the Hodge Capital Company of
Sausalito, California (see Appendix A, Exhibit 2). The Applicant's
representative is Peter C. Rosell, Vice President of The Hodge
Companies, Inc.
To facilitate the review of the Applicant's request, the
application has been divided into three areas. The first area, or
Section II of the application, provides a brief description of the
proposed development while Section III addresses in detail the Code's
growth management review criteria. The third area, or Section IV,
discusses the subdivision exception approval which is also being
requested in order to subdivide the parcel into two (2) 6,000 square
foot lots. For the reviewer's further convenience, all pertinent
supporting documents relating to the project (e.g., property survey,
title insurance policy, utility commitments, etc.) are provided in the
various appendices to this application.
1
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LOCATION AND ZONING
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While the Applicant has attempted to address all relevant
provisions of the Municipal Code, and to provide sufficient
information to enable a thorough evaluation of this application,
questions may arise which result in the staff's request for further
information and/or clarification. To the extent required, the
Applicant would be most happy to provide additional information in the
course of the application's review.
II. PROJECT DESCRIPTION
The Applicant proposes to subdivide the Lucas property and to
construct two (2) duplexes totaling approximately 9,000 square feet.
The project, to be known as the 700 East Hyman Condominiums, will
contain four (4) luxury townhouses which will be condominiumized and
offered for sale as free market residential units. The project's
employee housing requirement will be met off -site via the conversion
of existing non -restricted units to deed restricted status. A sepa-
rate application for condominiumization will be submitted in the event
the project receives a development allocation. A more detailed des-
cription of the proposed development is provided below.
A. Water System
Water service to the project will be provided via new
service lines connecting to the existing eight (8) inch water main
located in Spring Street and/or to the twelve (12) inch main in Hyman
Avenue. A decision as to which line to tap will be reached in
cooperation with the Aspen Water Department prior to the issuance of a
3
building permit. The preliminary fixture count for the project is
eight (8) toilets, ten (10) lavatories, eight (8) bath tubs/showers,
two (2) sinks, two (2) dishwashers, and approximately four (4) hose
bibs per duplex. The Water Department has indicated that connections
to either existing main are acceptable and that the impact of the
project on existing facilities will be minimal (see Appendix B,
Exhibit 1).
B. Sewage System
The project will be served by the existing eight (8) inch
sanitary sewer located in the alley to the rear of the property.
According to the Aspen Consolidated Sanitation District, anticipated
flows can be accommodated with no improvements to existing lines or
the treatment plant (see Appendix B, Exhibit 2).
C. Drainage System
One hundred (100) percent of the stormwater runoff attribut-
able to the Applicant's property will be retained on -site. Roof
runoff from the new buildings, and surface runoff from the project's
impervious parking areas, will be retained on -site utilizing drywells.
Surface runoff from the proposed sidewalks to be constructed in the
public right-of-way will drain to Spring Street and Hyman Avenue.
This runoff, however, will be intercepted to a substantial degree by
the landscaped planting areas which will parallel the project's street
frontages. Existing catch basins in the immediate site area are
believed to be adequate; however, an additional basin will be provided
in an appropriate location should one be requested by the City
4
Engineer. The project's detailed drainage plan will be reviewed with
the City Engineer prior to the issuance of a building permit.
D. Fire Protection
Fire protection will be provided by the Aspen Volunteer Fire
Department. The project site is located approximately four (4) blocks
from the fire station, resulting in a response time of approximately
three (3) to five (5) minutes (see Appendix B, Exhibit 3). To enhance
fire protection, a new hydrant will be installed by the Applicant at
the property's southwest corner. The construction of the 700 East
Hyman Condominiums will conform to all applicable fire protection
regulations of the Uniform Building Code.
E. Development Data
The 700 East Hyman project consists of four (4) townhouse
units contained in two (2) duplex structures. Each three (3) level
unit will contain three (3) bedrooms and three and one-half (3 112)
baths. Two (2) covered parking spaces will be provided per dwelling
unit, with two (2) additional outdoor spaces to be provided on each
unit's paved driveway apron. The individual townhouse units are
essentially identical in size and layout, and contain approximately
2,250 square feet of floor area. The sales prices of the units will
be dictated by market conditions, but are expected to range from
$500,000 to $750,000. The following table summarizes site and devel-
opment data for the Lucas property and the proposed 700 East Hyman
condominium project.
5
Table I
DEVELOPMENT DATA
1.
Total Site Area
12,000
sq.
ft.
Lot 1
6,000
sq.
ft.
Lot 2
6,000
sq.
ft.
2.
Building Footprint
4,370
sq.
ft.
East Duplex
2,185
sq.
ft.
West Duplex
2,185
sq.
ft.
3.
Landscaping/Open Space
4,880
sq.
ft.
Lot 1
2,340
sq.
ft.
Lot 2
2,540
sq.
ft.
4.
External Floor Area
9,000
sq.
ft.
East Duplex
4,500
sq.
ft.
West Duplex
4,500
sq.
ft.
5.
External Floor Area Ratio
0.75:1
East Duplex
0.75:1
West Duplex
0.75:1
1. Excludes each unit's subgrade outdoor terrace and parking apron.
While this application requests a GMP allocation of four (4)
residential units, it should be noted that the Applicant has also
applied for a building permit for the east duplex. Pursuant to
Section 24-11.2(c) of the Municipal Code, the construction of one (1)
duplex structure on a townsite lot is exempt from the allotment proce-
dures of the City's growth management regulations. The Planning
Office, however, has taken the position that, in order to obtain
credit for the exempt duplex, a building permit must be issued prior
to the receipt of a GMP allocation. In the event a permit is received
before the City Council allocates the 1986 residential quota, the
Applicant will technically clarify his GMP application to reflect a
request for only two (2) units.
1
11
F. Traffic and Parking
No significant impact is anticipated upon the existing
street system, as the City Engineering Department has indicated that
both Spring Street and Hyman Avenue are currently functioning below
allowable capacity levels in the immediate site area. Inasmuch as the
units are to be marketed primarily as second homes to seasonal resi-
dents, and given the proximity of the project to the commercial core,
Aspen Mountain and the City's public transportation routes, traffic
increases on area streets should be inconsequential. As shown on
Figure 2, page 8, all municipal bus routes currently utilize Spring
Street with the exception of the Hunter Creek Route. The Rubey Park
Transit Center is located approximately four (4) blocks southwest of
the property.
With respect to parking, the applicable Code requirement for
the 0-Office zone district is one (1) space per bedroom. Four (4)
parking spaces, two (2) of which are covered, will be provided for
each three (3) bedroom unit. The total amount of on -site parking for
the project will be sixteen (16) spaces, or four (4) spaces more than
the minimum Code requirement. Given the second home character of the
700 East Hyman Condominiums, the proposed parking should be more than
adequate for a project o-f this scope. All parking spaces will be
directly accessed via the alley, thereby eliminating the need for
curb -cuts on Spring Street and Hyman Avenue. As a result, traffic
circulation in the immediate site area should not be adversely
affected.
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G. Location
The Lucas property is centrally located in the heart of
downtown Aspen on the fringe of the City's commercial core. The Hyman
Avenue mall is located within two (2) blocks walking distance west of
the property while Rubey Park, the hub of the City's mass transporta-
tion system, is located approximately four (4) blocks to the
southwest. Similarly, City Market is conveniently located one block
south of the property, and the Aspen Mountain Ski Area an additional
block further. Main Street, which is located less than two (2) blocks
to the north, provides convenient access to Aspen Valley Hospital and
the Pitkin County Airport via State Highway 82. As discussed under
the preceding heading, all but one of the City's bus routes utilize
Spring Street, thereby passing directly in front of the property.
Summarizing, the Lucas property enjoys an excellent location relative
to the City's various public facilities and commercial areas. Given
the size of the proposed project, and its second home, seasonal
character, no significant impact upon these facilities is
anticipated.
H. Impact on Adjacent Uses
The Lucas property is zoned 0-Office as are the adjacent
areas to the north, south and east. The area west of the property is
zoned C-1, Commercial. Existing land uses in the immediate site area
include a single-family residence and a multi -family structure located
across the alley to the rear of the property; the Patio commercial
building, the Weinerstube restaurant and the Hannah Dustin office
E
building located at the northwest, southwest and southeast corners,
respectively, of the Spring Street and Hyman Avenue intersection; and
the so-called Grainery building located between the property and the
Aspen Athletic Club to the east. Both the Grainery building and the
single-family residence located across the alley, however, are
currently listed for sale. Given the condition of the structures, and
the value of the property which they occupy, it is reasonable to
assume that it is only a matter of time until these two properties are
redeveloped pursuant to the provisions of the 0-Office zone district.
Based on the above, the proposed residential use of the
property is consistent with the provisions of the 0-Office zone
district and compatible with surrounding land uses. As a result, the
functional character of this transitional area of the City will be
unaffected by the Applicant's proposal.
I. Construction Schedule
The target date for commencement of construction is the
Spring of 1987, with completion of the project anticipated prior to
the end of 1987. Phased construction of the project is not
anticipated at this time.
J. Employee and Housing Proposal
The Applicant proposes to satisfy the employee housing
requirements of Section 24-11.4(c) via the conversion of existing non-
restricted units to deed restricted status pursuant to the provisions
of Section 24-11.10(i)(2) of the Municipal Code. More specifically,
10
the Applicant proposes to house 9.75 employees, or forty-five (45)
percent of the total number of persons to be housed by the project as
a whole, in three (3) two bedroom units and one (1) three bedroom unit
to be purchased at the Airport Business Center (see Appendix B,
Exhibit 4). These formerly free market, rental units have recently
been renovated, condominiumized and offered for sale as the Park Place
Condominiums.
The units in question comply with all applicable employee
housing standards and will be deed restricted to employee occupancy
and price guidelines in accordance with the Housing Authority's recom-
mendations prior to the issuance of a Certificate of Occupancy for the
new building. The units will be restricted to the Authority's low
income rental and sales price guidelines.
III. GROWTH MANAGEMENT REVIEW CRITERIA
The following section addresses the various review criteria
against which the proposed project will be evaluated. The information
contained herein represents the Applicant's best effort at compliance
with both the letter and intent of the criteria. We believe that in
every category the proposed project meets or exceeds the minimum
applicable standard. Based on our understanding of the various
criteria and the project's compliance therewith, we have taken the
liberty of requesting what we believe to be an appropriate score in
each review category. Please reference as necessary the appropriate
headings in Section II of this application for detailed information in
support of the Applicant's representations and commitments.
11
A. Availability of Public Facilities and Services
The proposed project's impact upon public facilities and
services is described below.
1. Water Supply. The project may be handled by the
existing level of service in the area. The Water Department has
indicated that the existing water mains in the area are adequate to
supply the project and that system upgrades will not be required. In
order to minimize consumption, water -saving fixtures will be specified
throughout the project.
Requested Score: 1 point
2. Sewage Disposal. The project may be handled by the
existing level of service in the area. The Aspen Consolidated
Sanitation District has indicated that the existing eight (8) inch
line located in the alley to the rear of the property is adequate to
serve the project and that system upgrades will not be required.
Requested Score: 1 point
3. Storm Drainage. The project in and of itself improves
the quality of service in the immediate site area. No expansion of
the existing storm drainage system will be required, as one hundred
(100) percent of the runoff generated on the property will be retained
on -site via the installation of drywells. As a result, historic _
runoff levels will decrease, thereby reducing the impact of stormwater
runoff on the municipal collection system. Existing catch basins in
the area are believed to be adequate; however, the Applicant will
12
install an additional basin in an appropriate location should one be
requested by the City Engineer.
Requested Score: Cpo:ints)
4. Fire Protection. The project in and of itself improves
the quality of service in the immediate site area. The site is
located approximately four (4) blocks from the Aspen Volunteer Fire
Department, resulting in a response time of approximately three (3) to
five (5) minutes. Although an existing fire hydrant is located at the
northwest corner of Original Street and Hyman Avenue, an additional
hydrant will nonetheless be provided by the Applicant at the southwest
corner of the property. The provision of an additional fire hydrant
will significantly improve fire protection in the surrounding
neighborhood.
Requested Score: 2 points
5. Parking. As discussed in Section II, the Applicant
proposes to provide a total of sixteen (16) parking spaces, eight (8)
of which will be enclosed. The parking to be provided exceeds the
minimum Code standard by four (4) spaces and, therefore, should be
more than adequate given the second home, seasonal nature of the
project. The project's individual parking spaces comply with all
applicable design standards and are conveniently accessed via the
alley, thereby minimizing traffic congestion and safety hazards on
adjacent streets. The parking areas will be paved, drained and
shielded from both Spring Street and Hyman Avenue by the project's
13
extensive landscaping. Snowmelt will be provided to ensure safe
ingress and egress.
Requested Score: 2 points
6. Roads. The project may be handled by the existing
level of service in the area. The Engineering Department has
indicated that the project will have no negative impacts upon the
existing street system as Spring Street and Hyman Avenue are currently
functioning below allowable -capacity levels in the vicinity of the
property. Although vehicle ingress and egress to the property will
obviously increase as a result of development, potential circulation
conflicts will be minimized as a result of the provision of alley
access to the project's on -site parking areas. No curb cuts on Spring
Street or Hyman Avenue will be required or provided, thereby
eliminating a potential hazard to both pedestrians and through
traffic.
Requested Score: 1 point
B. Quality of Design
The quality of the 700 East Hyman Condominium's design is
discussed below. Please note that the project site is located oustide
of the City's commercial core historic overlay district and, there-
fore, Historic Preservation Commission review and approval of the
project's architecture is not required.
1. Neighborhood Compatibility. The development concept
has been directed to create four (4) luxury townhouse units, in duplex
configuration. The project architecture has been designed with
14
particular emphasis on visual compatibility with the site location as
a "transition" zone between adjacent downtown areas and nearby resi-
dential areas to the east.
The articulation of building surfaces in brick and
sandstone is designed to relate to the sense of permanence, materials,
and period forms that characterize Aspen's central core area, while
the individualized unit scale, roof forms and residential detailing of
exterior building elements create a scale and visual relationship to
the residential character of nearby neighborhoods.
In addition to a site plan configuration which archi-
tecturally delineates each unit in order to reduce visual scale, the
building massing is further scaled down to neighborhood fit through
provision of the following: Contrasting flat and sloped roof forms
which provide visual interest; placing the building footprints sig-
nificantly back from the north, south and east setback lines and
maintaining 24 feet of landscaped area adjacent to Spring Street;
reducing vertical building surfaces to an elevation approximately 2
feet below allowable height; offsetting vertical surfaces with
recessed planes; using partially subgrade lower levels; and
articulating window, balcony and exterior design elements.
The potentially long building facades which face toward
downtown on Spring Street and east toward the Aspen Athletic Club have
been architecturally divided to appear as two building elements, each
with a "unit scale" similar in size to the individual unit facades
that comprise the Hyman Avenue and alley building elevations.
15
The site plan has been configured to create significant
landscaped interior open space between buildings so that each unit has
a spacious individual entry located at a mid -level to facilitate
stairway access to all interior living spaces. Each unit will have
generous living amenities including views of Aspen Mountain or
Smuggler and Red Mountain from all interior spaces. Mid -roof skylights
are provided to permit natural light to two levels of the interior,
and large protected balconies have been included for outdoor living at
the upper level family spaces. In addition to visual interest and
scale reduction, the combined flat and sloped roofs are designed to
prevent snow slides onto the useable open space adjacent to units.
Native Colorado sandstone will be used around entry
areas. Brick sidewalks will extend into the entry space of each
unit. The exterior brick surfaces will employ a horizontal "banding"
technique translated from period Victorian buildings to increase
visual interest horizontally and to reduce apparent scale. Window
treatment will be true divided paned glass to further scale down
building appearance. Sloped roof surfaces will be standing seam metal
roofs colored with a permanent non -glare surface.
The "townhouse" approach utilized for this project is
unique to Aspen, providing a convenient option for pedestrian
oriented, close -in living, while appropriate in appearance and scale
to both its built surrounds and predictable future development. The
project not only provides a compatible prototype, but greatly improves
upon an important Aspen location.
Requested Score: 3 points
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5
2. Site Design. The basic design concept for the project
site has been dictated by the limitations which are inherent to the
development of the City's original townsite lots. The area and bulk
requirements of the 0-Office zone district, in conjunction with the
need to maximize useable open space, results in a building envelope
which provides little flexibility for innovative site design. The
problem is further exacerbated by the need to achieve as close to the
allowable floor area ratio as possible in order -to offset land and
development costs. These limitations notwithstanding, we believe that
the 700 East Hyman Condominium project meets and exceeds the criteria
of this scoring category.
As Figure 3, page 17 illustrates, the two duplexes have
been given a north/south orientation to maximize solar potential, and
have been setback from Hyman Avenue to increase vehicular sight lines.
Pedestrian access to three (3) of the project's four (4) units is
provided from Hyman Avenue, the quieter and less traveled of the
site's two adjacent streets, while the remaining unit is accessed
directly from Spring Street. In order to enhance vehicular circula-
tion in the immediate site area, access to the project's parking areas
is provided via the alley, thus eliminating the need for curb cuts in
either Spring Street or Hyman Avenue. Similarly, the Applicant pro-
poses to install sidewalks along both street frontages to improve
pedestrian circulation and enhance public safety. Service vehicle
access is provided via the alley and paved parking aprons which di-
rectly abut the enclosed garage and mechanical area located at the
rear of each unit's ground floor.
24
Although no trash area is required in the 0-Office zone
district, the Applicant proposes to provide an approximately seven (7)
foot by eleven (11) foot enclosed trash area adjacent to the alley at
the rear of the property. This area can be conveniently accessed by
collection vehicles and has been sized to accommodate a single two (2)
cubic yard dumpster, the largest dumpster that can be reasonably
handled during the winter months. Given the second home, seasonal
nature of the project, the provision of a single dumpster as proposed
should be more than adequate to handle anticipated trash generation.
As Figure 4, page 18 illustrates, the site has been
designed to maximize both the quality and quantity of the project's
landscaping and open space areas. Although no open space is required
within the 0-Office zone district, a total of 4,880 square feet, or
approximately forty (40) percent of the project site, has been pro-
vided. Although technically not counted for purposes of open space
calculations, each unit's subgrade terrace, and the approximately
3,560 square feet of landscaped sidewalk area located within the
public right-of-way significantly contribute to the quality and
character of the project's site design.
The project's open space, parking areas, and the Spring
Street and Hyman Avenue right-of-ways will be extensively landscaped
with specimen size deciduous trees, shrubbery and seasonal flowering
plants. Actual specimens will be selected depending upon
availability; however, all street trees will be a minimum three (3)
inch caliper and will be chosen from such species as Cleveland Maple,
Marshall Seedless Ash, or equivalent species acceptable to the City
25
Parks Department. Aspen trees will also be used extensively
throughout the project and will be a minimum two (2) inch caliper.
Low growing shrubs and ground cover such as rock
cotoneaster, horizontal juniper, Virginia creeper, etc. will be used
to soften the buildings' facades, screen the parking aprons and trash
area, and to further enhance the appearance of the project. The
project's lawn area and the area located between the proposed side-
walks and the streets will be sodded with Kentucky bluegrass. The
project's extensive landscaping will further help to minimize the
buildings' perceived bulk, provide shade during the summer months, and
constitute a significant amenity for both residents and pedestrians
alike. To enhance the perception of privacy, and to separate the
sidewalk areas from the project's internal open space, a low wall,
potentially capped by a wrought iron fence, will parallel the Spring
Street and Hyman Avenue frontages. Similarly, an approximately six
(6) foot brick and wood wall will parallel the project's eastern
property line to provide increased privacy and to partially shield the
easternmost unit's entrance and parking apron from adjacent
development.
The proposed sidewalks, and each unit's entry walk will
be surfaced with exposed aggregate and/or brick pavers. All entry
areas will be attractively lighted and all utilities will be placed
underground. Benches will be provided in the entry areas, while
street furniture, tree grates with cages, and bicycle racks will be
provided along the Spring Street and Hyman Avenue sidewalks. Curb and
26
gutter will be replaced where required and a handicap ramp provided at
the Spring Street and Hyman Avenue intersection.
Requested Score: 3 points
3. Energy Conservation. The 700 East Hyman Condominiums
have been designed to maximize the effective expenditure of monies for
energy conservation purposes. Costs versus benefits have been care-
fully evaluated to ensure that energy related expenditures do not
outweigh the benefits to be gained. The following specific features
will be incorporated in the project.
a) Building Orientation and Solar Utilization. As
the architectural floor plans illustrate, each unit has been given a
southern orientation with glazed areas and internal storage mass sized
to provide a comfortable amount of passive solar gain for each
enclosed space.
b) Glazing. Appropriately, each different window
orientation will be double glazed to compensate for the interior
space's solar gain, or lack thereof, and to control heat loss. All
glazing will be heat mirror, or other equivalent product. South and
east glazing will allow external solar shortwave radiation to enter
the buildings while helping to prevent internal longwave radiation
from escaping. A west facing glazing will be specified which will
minimize solar gain to prevent inefficient overheating and to control
internal heat loss. The project's north facing glazing has been
designed to further reduce heat loss from the building's interior
spaces.
27
c) Insulation. Insulation specifications will exceed
minimum standards. The majority of the project's exterior walls will
be masonry, with rigid insulation in excess of local requirements.
Construction details will eliminate possible thermal bridging between
interior and exterior wall mass. To the extent feasible, wall mass
will be concentrated to the interior of the wall section to increase
internal thermal storage. Rigid insulation will also be used to
insulate the perimeter of floor slabs and foundations. All roofs will
have an insulation value of R-38 or better, and all exterior doors
will be insulated to further enhance energy conservation.
d) Mechanical Systems. Each unit will employ a
state-of-the-art, high efficiency gas boiler (96 percent efficient)
heat system. Hot water heat will be delivered to each space via
baseboard panels located at the perimeter walls of the units.
Although this system will result in a higher initial cost to the
Applicant, it is more efficient and will result in better heating than
a conventional forced -air system.
The units have been designed to require minimum
mechanical cooling. In order to further reduce energy consumption,
operable windows will be provided at the perimeter of the units and at
skylight section and gabled roof ends, thereby enhancing cross -
ventilation and natural cooling.
Low consumption plumbing fixtures will be specified
throughout the project. Domestic hot water requirements will be met
F�:3
via high efficiency, heavily insulated hot water heaters located in
each unit.
e) Lighting. Natural daylighting techniques will be
used for interior lighting where possible, including exterior wall
glazing as previously described. Energy conserving, high R-value sky-
lights will be installed at internal upper level spaces and stairwells
open to floors below allowing the advantages of roof lighting while
avoiding the disadvantages of excessive heat loss.
f) Infiltration. All doors and windows will be
weatherstripped to appropriate levels to prevent excessive heat loss,
and to preclude the build-up of indoor air.pollution. Vapor barriers
will be provided at all exterior walls and ceiling roof assemblies,
and will be properly sealed to help prevent air infiltration. Elec-
trical outlets and penetrations at barriers will be sealed and
insulated.
Requested Score: 3 points
4. Trails. Given the size and location of the Lucas
property, the provision of pedestrian and bicycle trails is
infeasible. The Applicant, however, will install landscaped sidewalks
along both Spring Street and Hyman Avenue in conjunction with the
development of the project. The installation of landscaped sidewalks
within the public right-of-way will significantly improve pedestrian
circulation and safety, as well as greatly enhance the visual
character of the immediate site area. Inasmuch as the Municipal Code
would appear to require only that the Applicant commit to join a
29
sidewalk improvement district in the event one is formed, the instal-
lation of sidewalks, bike racks and street furniture at this time
represents a substantial benefit to the City. In view of this
benefit, and the quality of the Applicant's proposed design, the
project should be awarded the maximum score available in this
category.
Requested Score: 3 points
5. Green Space. As discussed under subsection III.B.2.,
4,880 square feet, or approximately forty (40) percent of the project,
will be devoted to landscaped open space. Given the urban character
of the site, and its inherent development limitations, the preserva-
tion of such a substantial amount of useable open space is a
noteworthy accomplishment. While the project's extensive landscaping
is provided primarily for the benefit of the buildings' residents, it
will also help to reduce the public's perception of the project's bulk
as well as offer considerable relief from the visual impact of
surrounding development. This perception of open space will be
further enhanced as a result of the project's substantial setback from
Hyman Avenue.
Requested Score: 3 points
C. Proximity to Support Services
The project's proximity to public transportation and
community commercial facilities is discussed below.
30
1. Public Transportation. As Figure 2, page 8 illus-
trates, the Mountain Valley, Snowbunny, and Highlands bus routes pass
directly in front of the property on Spring Street. The Hunter Creek
route passes a block to the south of the property on Cooper Avenue.
The project, therefore, is located within two (2) blocks of all muni-
cipal bus routes, and is entitled to the maximum number of points
available in this scoring category.
Requested Score: 3 points
2. Community Commercial Facilities. As Figure 1, page 2
illustrates, the proposed project is located within two (2) blocks
walking distance of the City's commercial core. The project, there-
fore, is entitled to the maximum number of points available in this
scoring category.
Requested Score: 3 points
D. Provision of Employee Housing
The Applicant proposes to house off -site 9.75 full-time
equivalent employees, or forty-five (45) percent of the total number
of persons to be housed by the project as a whole (see Section II for
a detailed discussion of the project's employee generation and housing
proposal). Based on the Applicant's proposal, and the provisions of
Section 24-11.4(b)(4) of the Municipal Code, the project is entitled
to nine (9) points, calculated as follows:
45 percent low income housed x 1 point = 9 points
5 percent housing factor
Requested Score: 9 points
31
E. Bonus Points
The Applicant believes that this project has exceeded the
minimum review criteria of the City's Residential growth management
regulations in numerous categories and, as a result, has achieved an
outstanding overall design meriting the award of additional bonus
points. Specific areas in which we believe the project excels include
building and site design, energy conservation, fire protection, storm
drainage, and parking. Detailed discussions of the project's merits
in each of these areas are provided under the appropriate headings in
Section III of this application.
IV. SUBDIVISION EXCEPTION
In addition to a residential growth management allocation, the
proposed project will require subdivision approval in order to divide
the property into two (2) separate duplex lots. Inasmuch as only two
(2) lots will be created, and the subdivision will occur along a
previously described lot line, no significant benefit would appear to
be derived by either the Applicant or the City from full subdivision
review. Ample opportunity will be available for the Planning and
Zoning Commission and the City Council to consider the proposed
subdivision request concurrent with their review of the Applicant's
GMP submission. As a result, the Applicant respectfully requests that
the 700 East Hyman Condominium project be excepted, pursuant to
Section 20-19(a) of the Municipal Code, from the strict application of
the City's subdivision procedures. Exception from full subdivision
32
review is necessary for the preservation of a substantial property
right, and the granting of an exception would not be detrimental to
the public welfare or injurious to other property in the immediate
site area.
33
APPENDIX A
9
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SrOA r L/NC/COME (C S 14111)
� 19 798i
A me, ice Land Title Association Commitment . Modified 10,'73
EXHIBIT I
i.'
l
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
STE` *VA1Z 'TITLE
GUARANTY COMPANY
fi►1« *-'r - "a'* I.- i w
MAY 0 3 1985
THE HODGE CO.
STEWART TITLE GUARANTY COMPANY, A Texas ration, herein called the Company, for
valuable consideration, hereby commits to issue its policy or po i ies of title insurance, as identified in
Schedule A, in favor of the proposed Insured named in Schedule A, s owner or mortgageeof the estate
or interest covered hereby in the land described or referred to in Schedule A, upon payment of the
premiums and charges therefor; all subject to t1laprovisions of Schedules A and B and to the Conditions
and Stipulations hereof.
This Commitment shall be effective only when th identity of the proposed Insured and the amount
of the policy or policies committed for knave been i erted in Schedule A hereof by the Company,
either at the time of the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to a issuance of such policy or policies of title insurance and all
liability and obligations hereunder a ease and terminate six months after the effective date hereof
or when the policy or policies com to or shall issue, whichever first occurs, provided that the
failure to issue such policy or policies is t e fault of the Company. This Commitment shall not be
valid or binding until countersigned by an aut orized officer or agent.
IN WITNESS WHERE; the Company has caused this Commitment to be signed and sealed, to
rsigned by an authorized officer or agent of the Company, all in accordance
become valid when co
?
with its By -Laws. This Com me is effective as of the date shown in Schedule A as "Effective Date."
"I'IF, NVAI27' TITLE
- ) GUARANTY COMPANY �7
�j%_E G' x<
Chairman of the Boardr'���aPOR�r� �^�z President
�i�/A'I/II.IIIp N
'� - - _ _ _ Serial No. C 1601 3 7 4 9 0
ta�f� T '� t�'1 C'.3. W. CPiei`��'44�2. �T ____—
1G5 2`.1JI 2 64
RW/kk
SCHEDULE A
Order Number: 13103 Commitment Number:
1. Effective date. April 22, 1985 At 8: 0 0 A. M.
2. Policy or Policies to be issued Amount of Insurance Prem i um
A. ALTA Owners Policy
Proposed Insured:
Tax Cert. $ 5.00
B ALTA Loan Policy $ 200,000.00 $ 31 8. 5 0
Proposed Insured.
First National Bank in Aspen
C. and/or ASSians $
3. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto is at the effective date hereof
vested in:
Hodge Capital Company
4. The land referred to in this commitment is described as follows:
Lots K, L, M, and
Block 104
CITY AND TOWNSITF O SPFV
County 01
Pitkin, Sta of Colorado
Auttwrizod Countery,gnatuu+ Page 2 S T F. N' A I2 T 'I` I T I. Ia
(: VA It ANTV ('11N 1'ANl'
1652 (20M 9 84)
SCHEDULE B - Section 1
Order Number: 1310 3
Requirements
Commitment Number:
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 insirument(s) creating the estate or interest to be insured must be executed and duly filed for record,
to wit:
1. D.--d of Trust from the Borrower to the Public Trustee for the
use of the proposed ]envier to secure the loan.
NOTE: Trade Nane Affidavit recorded March 2F, 1985 in Hook 483
at PagF• 461 names Thomas H. Wilson as the sole representative of
Hodge Capital Company.
ST NVAR'I' TITI E
1653 (25M 6'84) Page 3 GUARANTY COMPANY
SCHEDULE B — Section 2
Exceptions
Order Number: 13103 Commitment Number:
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, encroachments, and 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, aoverse 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. Any and all ttn}_•aid taxes anry asressmer.t.s and any unreeleer,�cd
tax sales.
7. ?'be effect of inclusions in any gt-neral or specific water
consr-rvanr_y, fire Protection., soil conser%ration or other
district or inclusion in any water service or str.•r:
imp•rover:ent area.
P. Fxceptions and Mineral Reservations as nt.ained in _,tent to
Aspen Townsite recordF=d March 1, 1P97 ook 139 at ge 21h
as Reception No. 60156.
9. Fasetrrr✓nt for electrical and c rt;~runication Lttility appurtenarcPs
on, upon, o��Pr, un�if-r, and P r ss the Nort erly 5.5 fc-et of the
Fasterl.y 8.0 feet of Lot N, o V. 104 as taken by the City of
Aspen, Co. and t Mr)urtain S t s Telephone and Telegraph
Com},anylursvant o %ecru in i1 Action P;c. 6019, District
Court, Pi.tkin Coun } , Colorado recorded Janvar_y 26, 1977 in
Rook 323 at Paele fs_ as Reception No. 191532.
Exceptions numbered are hereby omitted.
Page STEVVAR"I' 'I'I'I'I..E
1654 (2 5 M 3-8 3) GUARANTY COMPANY
APPENDIX B
EXHIBIT 1
CITY OF ASPEN
130 south galena street
aspen, Colorado 81611
303-925 -2020
July 21, 1986
Vann Associates
Sunny Vann, AICP
P.O. Box 8485
Aspen, Co 81612
Re: Lucas Property
In regards to your inquiry concerning the Lucas property, per our
discussion of July 21, 1986, water would be available to the
property from either the 12" main in Hyman or the 8" main in
Spring Street, upon application for the necessary permits.
Should your client elect to install a fire line to service the
proposed three story building, it is our recommendation that a
fire hydrant be installed on the southwest corner of the block.
This would improve fire protection for the neighborhood, as there
is not a fire hydrant located at this intersection.
We cannot comment as to the actual line size needed for the
domestic service without detailed plans, but water is available
in sufficient quantity to service the property.
Sincerely,
Jim Markalunas, Director
Aspen Water Department
cc: Planning Department
EXHIBIT 2
Aspen Consolidated Sanitation District
565 North Mill Street
Aspen, Colorado 81611
Tele. (303) 925-3601
Sunny Vann
Vann Associates
P. 0. Box 8485
Aspen, Colorado 81612
Tele. (303) 925-2537
July 22, 1986
RE: Lucas Property
Dear Mr. Vann:
This letter is to indicate that upon preliminary examination the Aspen
Consolidated Sanitation District can service a proposed commercial building
on the Lucas property next to the Health Food Grainery.
Sincerely
� �^/f
Heiko Kuhn, Mananger
Aspen Consolidated Sanitation District
November 14, 1986
T
Peter C . Rosell
The Hodge Companies
1505 Bridgeway Blvd.
Sausalito, CA. 94965
RE: Lucas Property
Dear Peter,
EXHIBIT 3
Please be advised that we will reserve three (3), two
bedroom units and one (1) three bedroom units in our Park
Place Condominium project for your purchase. It is our
understanding that you intend to use these units to meet the
employee housing requirement for your 1986 residential
growth management application for the Lucas Property. We
will hold these units for you for a period of thirty (30)
days from the date of this letter, which should allow ample
time to complete our contractual negotiations.
The units we have reserved for you are 417A (726
sq.ft.), 417C (1034 sq.ft.), 417E (795 sq.ft.) and 417G (806
sq.ft.). Should you have any questions, or if we can be of
any further assistance, please do not hesitate to call.
tr 1 you s,
I
Clark Smieth
413 H Pccific Avenue, Aspen, Colorado 81611 (3'23 ) 925-2450
EXHIBIT 4
420 E. HOPKINS STREET
ASPEN, COLORADO 81611
(303) 925-5532
July 22, 1986
Vann Associates
Planning Consultants
Box 8485
Aspen, Colorado 81612
RE: The Lucas Property
Dear Sunny:
Based on our very brief discussion, the Aspen Volunteer
Fire Department should have no problem in providing fire
protection to the proposed commercial project on the corner
of Hyman & Spring Streets. It is my understanding that you
intend to install a fire hydrant on the south/west corner of
the property. This hydrant would benifit the adjacent build-
ings in the area. The Aspen fire station is located three and
one half (3-1/2) blocks from the proposed project, and our re-
sponse time is three (3) to five (5) minutes regardless of the
time of day. If you have any questions please feel free to
contact me.
Sincerely
Peter Wirth
Fire Chief
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
(303) 925-2020
LAND USE APPLICATION FEES
City
00113 - 63721 - 47331 GMP/CONCEPTUAL
- 63722 - 47332
- 63723 - 47333
- 63724 - 47341
- 63725 - 47342
- 63726 - 47343
- 63727 - 47350
- 63728 - 47360
REFERRAL FEES:
00125 - 63730 - 47380
00123 -63730 - 47380
00115 - 63730 -47380
County
00113
-63711
- 47431
- 63712
- 47432
- 63713
- 47433
- 63714
- 47441
-63715
47442
-63716
47443
- 63717
- 47450
- 63718
- 47460
REFERRAL
FEES:
00125
- 63730
47480
00123
- 63730
47480
00113
-63731
47480
00113
-63732
-47480
PLANNING OFFICE SALES
GMP/PRELIMINARY
GMP/FINAL
SUB/CONCEPTUAL
SUB/PRELIMINARY
SUB/FINAL
ALL 2-STEP APPLICATIONS
ALL 1-STEP APPLICATIONS/ / :r
CONSENT AGENDA ITEMS
ENVIRONMENTAL HEALTH
HOUSING
ENGINEERING '5;;O • or-)
SUB -TOTAL
GMP/GENERAL
GMP/DETAILED
GMP/FINAL
SUB/GENERAL
SUB/DETAILED
SUB/FINAL
ALL 2-STEP APPLICATIONS
ALL 1-STEP APPLICATIONS/
CONSENT AGENDA ITEMS
ENVIRONMENTAL HEALTH
HOUSING
ENVIRONMENTAL COORD.
ENGINEERING
00113 - 63061
- 09000
COUNTY CODE
- 63062
- 09000
COMP. PLAN
- 63066
- 09000
COPY FEES
- 63069
- 09000
OTHER
Name: /..�••, �f>I/CPS �? i E'-/ �• �,aN�n..
Address:1
Check k
Additional Billing:
SUB -TOTAL
SUB -TOTAL
TOTAL
Phone: ':_ — T/F,
Project:
Date r / "7 ? %
a of Hours:
CONOOMINIUM MAP of Itlie 700 EAST HKMAN TOWNHOMES
SITUATED ON LOTS I and 2, 700 EAST HYMAN SUBDIVISION EXCEPTION
CITY OF ASPEN, PITKIN COUNTY, COLORADO
o10
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Gou>;r�Ae>r
wA-
Owner's Certificate
The Hodge Capital Company, as owner of Lots 1 and 2, 700 East Hyman Subdivision Exception, City
and Townsite of Aspen, Pitkin County, Colorado, hereby certifies that this Plat of the 700 East
Hyman Townhomes Condominium Mapping has been prepared pursuant to the purposes stated in the
andominium Declarations for- said 700 East Hyman Townhomes recorded in Book at Page _
the records of the Clerk and Recorder of the County of Pitkin, State of Co ora o.
By:
STATE OF )
ss.
COUNTY OF )
The foregoing certificate was acknowledged before me this day of A.D.1987
by -- ---
Witness my hand and official seal
My commission expires:
Notary Public
Surevy.;,r's Certificate
1, Sydney Lincicome, a registered land surveyor licensed under the laws of the State of Colorado,
do hereby certify that a surevy was conducted by me and under my direct supervision of Lots 1 and
2, 700 East Hyman Subdivision Exception, and that a three-story frame duplex was
found to be located within the boundary lines of each lot as shown on this plat. The location
and dimensions of the boundary lines, buildings and improvements in evidence or known to me ar(
accurately shown on this map, and the map accurately and substantially depicts the location am
the horizontal and vertical measeurements of the buildings, the condominium units therein, the
unit designations thereof, the dimensions of said units, and the elevations of the finished flO
and ceilings.
Date:
Sydney Lincicome P.L.S. 14111
STATE OF COLORADO )
) ss.
�-uUNIY OF GARFIELD )
The foregoing Surveyor's certificate was acknowledged before me this day of
A.D. 1987 by Sydney Lincicome. — --
hiW ess my Band and official seal
My nmrnission expires:
Notary u r c
Planning and Zoning Approval
This Plat of the 700 East Hyman Townhomes, City of Aspen, Pitkin County, Colorado,
n the _ _ day of . 1987 and signed this clay of
airman
Aspen City Council Approval
This Plat of the 700 East Hyman Townhomes, City of Aspen, Pitkin County, Colorado, was approved
on the __ _ day of A.D. 1987 and signed this day of 1987
ATTEST:
Lily erMayor
City Engineer's Approval
This Plat of the 700 East Hyman Townhomes, City of Aspen, Pitkin County, Colorado, was approved
by the City of Aspen Department of Engineering this day of A.D. 1987.
City Engineer
Clerk and Recorder's Certificate
This Plat of the 700 East Hyman Townhomes, City of Aspen, Pitkin County, Colorado, is accepted
for filing in the Office of the Clerk and Recorder of Pitkin County, Colorado, at .M.,
this day of A.D. 1987 in Plat Book at Page
Reception o.
Clerk an ecor er
lit
CONDOMINIUM MAPPING
700 EAST HYMAN STREET
ASPEN COLORADO
LINES IN SPACE
5'YONEY L/NC/COM�� (L.S.14///)
Br`X 121 COLORADO 81623 303- 963-3952
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