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HomeMy WebLinkAboutcoa.lu.ec.700 E Hyman Ave. 1987 28A-87 /- '". .,~..- I CASE LOAD SUMMARY SHEET City of Aspen DATE RECEIVED: g-/7/ ,5>7 DATE COMPLETE: PARCEL ID AND CASE NO. 0l737-/J'tJ-/I-OOb 078'/'1 -8'"7 STAFF MEMBER: 01e."V"\ PROJECT NAME: 700 E. Pyma r7 /!0/7c10/7J/'y) II.un;7 a 1/;1'1 proj ect Address: --;7 CJ 0 E. II)' "" a Yl APPLICANT: Hod!).€'. IiJp.s-r Applicant Addres~ REPRESEN'rATIVE: If/;,.harol' 1. tchma.1}; Representative Address/Phone: 315 E- Y"'t>-n S-?/hl, TYPE OF APPLICATION: PAID: ~ NO AMOUNT: utJJd/~/slon E --ref' D-hCJ~ / 3fbO.OD 1 STEP APPLICATION: P&Z MEETING DATE: . PUBLIC HEARING: YES NO DATE REFERRED: INITIALS: 2 STEP APPLICATION: Of\~ <;.,.CP"te> c.....e- @ MEETING DATE: A,. Uj :?,., (.,$;f1. 14 PUBLIC R"//'I /" 7 DATE REFERRED: HEARING: YE~ INITIALS: .(!}j/-- REFERRALS : ~ ~ty Attorney ~City Engineer Housing Dir. Aspen Water city Electric Envir. Hlth. Aspen Consolo S.D. Mtn. Bell Parks Dept. Holy Cross Fire Marshall Fire Chief Roaring Fork Transit School District Rocky Mtn Nat Gas State Hwy Dept(GW) State Hwy Dept(GJ) Bldg:Zon/lnspect Roaring Fork Energy Center Other FINAL ROUTING: ./ City Atty DATE ROUTED: q -,;)tj.--n/INITIAL:~ ..../ city Engineer - Bldg. Dept. Other: FILE STATUS AND LOCATION: C L "-1 c-k/l-r / / ; . . . .. -.J/' 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 —ssYk 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 7 1\66T3- C MEMORANDUM TO: Glenn Horn, Planning Office Steve Burstein, Planning Office FROM: Jay Hammond, City Engineering DATE: January 5, 1987 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: 1. Storm Drainage; Recommended score I 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 1 RESIDENTIAL GMP COMPETITION Project: 7(n � e. 141214✓\ Date: (- 5 — g 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: I CO/HUNTS: T k Q : - QYJ 5741 OA Q. ! vVA . `F nI W�! OIT ' n n1; CO rr 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. �^ II RATING: � COMMENTS: W i ?0c4 �n t�n[Xo�renMQv1� . V c. Storm Drainage (maximum two [2] 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: tStre-t.; Q L'o i`l- I\o-,A c . C1`dp 9 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: f\k‘e.,,) Tf �SuY) C'o-1 D AD 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: ^ 1 I 7. (- COMMENTS: na. Credo. X11.1, 4,4,k1-0-04( ,k1-0-0-ftl f ani�hla ow\(�.. \act ok- C.u- (I�-c� c �p �t4 c l o J C. 0.nwQ, kL n ,t1C ?a ■ r P M& o,���r`RQ an.'�.1k Wl N F YL�l �.Q avl r oi_c.til `-) Q( h 90 (k 1 1ft ` - F-NQ {� ('(i j Q p T — c 0-* `S't'r'QQ4 bn�Pyl 1 1 f. Roads (maximum two [d] 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: - 2 - C n -p .9 a 4 , r"a) ,b 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 COMMENTS: ( �L , t0.A \ I ( ; K/�re-Nt 124M DM1 S � (� nP, „ R`7e& �t ( �i ( t V . P RAWL/6 Qk (- r)l.�� CUS ��v lVH / (� AWL& ti rOAS , � P 1* t 1 s �� • C ' , . 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. L - RATING : Z COMMENTS : S 4 nn1 ac �—�s % • ■ �� . Se 1, : • (O'F io 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. RATING: COMMENTS: 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: - 4 - COMMENTS : • •a; 4 L t 'fit • ta, 4-coca-A- n-d b. Community Commercial Facilities (maximum three [3] 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. r RATING: 3 COMMENTS: l v � -fin l-v. 4 .�n (C �O-C SUBTOTAL: 4. Employee Housing (maximum forty [40] 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 for each five (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). RATING: COMMENTS: 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 then 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 18 - 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). RATING: Z COMMENTS: ( k 1/..0 � f'li; P ,c Qv- L'.P�S � rn �'�vw -� (� ¢� p-- r I o 1 Ctq C Y c - �0. y inA f ro-v Q.mQM . � P 4-P P�x.n U Q . (G.vtA1NOor/ ►• • 1• 'Ls ( • ••..`"-- " S • 2.16 • L POINTS IN CATEGORIES 1, 2, 3, and 4: POINTS IN CATEGORY 5: POINTS IN CATEGORY 6: TOTAL POINTS: Name of P &Z Commissionmenber: - 7 - , ". '"," ...,....c ....~.,.. MEMORANDUM TO: Aspen city council FROM: Robert S. Anderson, Jr., City Manager Glenn Horn, Planning Office 1\;0.......... THRU: RE: 700 E. Hyman Condominiumization DATE: September 14, 1987 ---------------------------------------------------------------- ---------------------------------------------------------------- SUMMARY The Plahning Office recommends approval of a subdivision excep- tion for the purposes of condominiumization 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 I 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. ,..-"''''' o' "\ - .,,"" 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 wilt be inspected prior to the issuance of a Certificate of Occupancy. ADVISORY COMMITTEE RECOMMENDATION: brought to city Council directly. RECOMMENDED MOTION: The Planning Office recommends approval of the application via the following motion: None. This item has been "Move to grant condominiumization three conditions: Subdivision Exception for purposes of for 700 E. Hyman subject to the following 2 1) The applicant will grant a 7' x transformer to the City of easement document and depict condominiumization plat. 10' easement around the Aspen via a separate the easement on the 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 .".. " ., .~.--" AT"'""rl:A..c.....'n"",c.-.-....--r- ~ 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 condominiurnization may be apprdved. Included in this section are the following requirements: (1) Existing tenants must be given notice of sale and right of first refusal [subparagraph (a)l. (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 - , . c, ~ 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 condom~niumization 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. Condominiurnization 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 publrc 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 condominiurnization 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 j11/ day of August, 1987. LAW OFFICES OF GIDEON I. KAUFMAN, a Professional Corporation ;/, /7///7F-;/( , condoapp/COND02 - 3 - " "'-" A"v..c..\.-.""e........ --z... MEMORANDUM To: Glenn Horn, Planning Office A , From: Elyse Elliott, Engineering Department . J " '... Date: August 25, 1987 Re: 700 E. Hyman Condominiumization ------------------------------------------------------------- ------------------------------------------------------------- The Engineering Department has these comments on the above application: l. 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: lot lines according to City standards. distance to the center line of adjacent streets. improvements on the sidewalk and right-of-way. curb and gutter. on-site parking. existing utility sources and meter locations on site and alley. easements or encroachments. cOrnmon areas. adjacent lots and subdivisions. individual units. elevations of floors and ceilings. limited elements. a. b. c. d. e. in f. the g. h. i. j. k. 1. . - ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, CO 81611 (303) 925-2020 Date: J"'//~/tf"7 /?/~harcL .Ja. h/h an RE: '7tJrJ;::- litH/on CO/JdoIIJ/:71;m,z-cJ,..fldh Dear /f/~ 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 complete. Additional items required include: ~. Disclosure of Ownership (one copy only needed) Adj acent 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 $ YoLi~ applicatiop;> ..i"s cOJllplete, and we hav~jsch,eduled it for rev~ew by the (;/'1-. (2unu / on '1/ /tll,?'i. We will call you if we 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 the next available agenda. If you have any questions, please call tfJ/e.-n/J /lc;r/"J the planner assigned to your case. Sincerely, ASPEN/PITKIN PLANNING OFFICE .&~~ MEMORANDUM 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, 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 ~n 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)l. (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 condomlniumization 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 addi tional 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 j11/' day of August, 1987. LAW OFFICES OF GIDEON I. KAUFMAN, a Professional Corporation ,/ . ;It ~ 7//;;1'-;/ condoapp/COND02 - 3 - r ~ -.!1 lot.:, "T,t ~ Iokl~l.r. 'Ii" ._[,,,,-1< \I 536 PAS~689 ~'" ~.:r ~Oi11l ...' z'-- l,,&.Ja'~ I' ,,,~ l.::i ~ ....:...,0- "; i: ~ THIS n":EU. \"-'d..: Itl<' 7th <...>~ T' l",-\.,,'<'n lk)dqe capital >-.-.......,1.. h' ,-./:1.&1 lmltl,'(l partners lP, _l.J~ U/j~ Ql'IT CLAIM OtTO ~ - " - :1 eft CO r> <:> a t. ~. -.' . -, '"" - c. !oS ;1 "" N l.^ cc -- r0- W r- C) S C) ~ 0:> S CI) J..l\..f May . ,./37 California Company, a ~I t 'f . '(\'un'~ "t ~tarin . orn a .. 1 ftk.i ~LlIIloHl:.l. ;Jnl! Hodqe-west li~ited ~~rtnership and Stal(' "f Company, a Californ a ....1'-'".: lcp...1 J,h.h\!" I' 1505 Bridgcway, suite 129, "tIIK CI1unty ,II r1a r in california and slaICof~ ~..1. \"lr~tSsl-,TH. That the Ltranl\'1'l\I.lpl ,IIlJ In..:on..u,krallllOOI the ..umof Ten Dollars ($10.00) dnu other good and VJl ;able consideration--------------------~ the rnclpl..nd !Oounl":l('n..:~ III which j.. h,'I<' ',,\..:kn,~kJ~I'J. ha 5 remid. ~ka!>Cd. ..old. conveyed and QUIl CLAIMED. and by th...,c prl',cnt' dIeS r\'Il1I-.t'. reka.\t'. _.:11 ,"11\1'~ .tnJ QI'I1 CLAIM unlO the ,ranleeKJt i ~5 heir., ,un;("'tl.lr. and ..~siln~. l"fl'H'T. ,Ill the nll-hl. utle. mll'rt:'l. dall1l .111\1 ckmand ~hll.:h the granlurdl hi S in;too to the reiil propeny. lOlclhtr with ,111!'I_,\"'"I\'III" II' an~. ,1llJdl.... I~mg alld tx'm~ In th... County of pitkin and Stale III \ '"Inr..d" Jl',...nhcJ a., lolltM' Lots K, L, M and ~ in Alock 104, city and Townsite of I\spt>n OOCUMEt . ;~Ai I 'i 198'[ () .; .d...' ~nll'\l," h)' ,I~t and number a., HI tll\Vr. AND T(> U()lJ> the ,arne, lH@.ethcr ~ilh all Jnt.! 'lI1l1-ulu lne lApPII1Cnanccs'" privi~" IhcmlMO bc1oa&in, or in ..I11\\Io 1'oC th...n:unlo appcrtalnlO" aoJ all lne (~tatc'. TIll-hi. utle. inlefC,t 0100 daim whllJoieWr.oI_ ,C'aIMOOlil. rilhtr ill I.- orequily.IO tht' only pmper UM', tlcnehl ilnd bet'll)!.," of the ~rilnleeOV. its heirs and ani.- frwwr. IN WITNESS WiU:.REOF, The lI-ranlOlllI haS c~~ukd th., deal 00 the dIle let fortb... HODGE CAPITAL COMPANY A limited partnership ~"o:,~ ".~,~~.,,- STAlEOBDOl-1pl } ,~"neral Partner C"unty \11 Mar in I he: 1.'fC~llIn~ lO'll\.lllJenl...iL'\.....I\lMled'~hdlln: me Ihl' 7th d.y 01 May .143 7 t>~'rhomas H. wilson, general partner of the Hodge Capital company, a California limited partnership ----_.~-_._._--- ..- \1\ ,"lll'llI,,",n ,"Plft" ../ \. 1': "llnC" 111\ hJOO J.OO olhllJJ '-COIl -.~..." ? . VERIFICATION OF APPLICATION I, THOMAS H. WILSON, General Partner of HODGE WEST, a California limited partnership, hereby s ta tes that the information contained in the preceding Application for Approval of Plan for Condominiumization is true and correct to the best of my knowledge. - 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 :~OrCn~~ ) Thomas H. Wilson . ~ .~. General Partner tt ' / / Jj/-,~ trr ..4" f - 4 - Recorded It II'. zL/ O'cIock.iLM..ij2.0t tt RecepIIDn Ko~q C} :3& I SILVIA DAVIS PITKIN COUNTY RECORDER ua. 561 .692 RELEASE OF RESTRICTIVE COVENANT Lf') ? c- 7 Ii- C 'l. ~/~~ "---- I '7f7 I 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 WIT N E SSE 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 '- 'J },~. ,~ ,";"Or <"l < , ATTEST :.,.,. BY'P~- ;t'#<Z;J .~A;;: . . oio.f:: ~ :. i C:":tY C1.~ " ~tJl'"'''' ;,' ~ C R ~" ,,' ."" dl!~.J , 24/DD7 R~COldedlltJJ:.1.{O'CI~k~M ~ Iv> { ~r Reception No 2.. q , .., G.., K' SILVIA DAVIS PITKIN COUNTY RECORDER BOOll 561 m&E693 OCCUPANCY AND RESALE DEED RESTRICTION AND AGREEMENT THIS OCCUPANCY AND RESALE DEED RESTRICTION AND AGREEMENT (the "Agreement") is made and imposed this ~ 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. WIT N E SSE T H: WHEREAS, Owner owns a 1,730 square located on the real property described as 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 foot dwelling follows: 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 BOOK 561 PAGE694 "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 Property shall provide for a rental term 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 for occupancy of less than six of the consec- Property, Owner shall execute a standard Listing Contract with the Authority 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- BOOK 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 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 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 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 $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 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, 06/DD7 -3- BOOK 561 F41iE696 (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 I 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. '['he 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-cornrnon 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- BOOK 561 ~AGE698 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 dur ing 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, instrument on the day and 06/DD7 the partie year above OWNE~ -6- have executed this .... . BOO/{ 561 PAGE699 Mailing Address: STATE OF COLORADO SSe COUNTY OF PITKIN ;AU. The forego~ng instrument was acknowledged before me this ~ day of AJoiJe-W, 1987, by Lee Robinson. "'. 1"......'..Wi,tness my hand and official seal. ,-.',:;:..S"./ 0 'v . ~.:~. ",\1\,11 ' / ,I U ;; Z;;' ".'V J'W C\ommission expires: co - 2 't - I [) :=~: ~-yfJ ,,:( ,.~ \. PU\)\.-" ..... ~ ~... ::;. t')-.'4 "/.... -fr:: '//~ ' r:'~ ~a~~ 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: i~ o..-~ 1 SV\A.-g ~ Chairman Mailing Address: 530 East Main Street Aspen, Colorado 81611 STATE OF COLORADO SSe COUNTY OF PITKIN II M The foregoing instrument was 10 day of ~6vJ, 1987, by Chairman of the Aspen/Pitkin County me this , as Witness my hand and official seal. My commission expires: & _ 2..0 -"1 D ' ; J ~ 0 , ..j...........<~... . () , 0 ~\O,7~y" ~~ ~. . ,. q<lV'.- Notary Public '",.,.....J.l}Vl'0,'\:fll "'<~~~:.~""; '~:;'~t>~ '/1"",,,1. 06/007 -7- , LAW OFFICES GIDEON I. KAUFMAN A PROFESSIONAL CORPORATION BOX 10001 315 EAST HYMAN AVENUE, SUITE 305 ASPEN, COLORADO 81611 TELEPHONE AREA CODE 303 925.8166 GIDEON I. KAUFMAN RICHARD S. LUHMAN April 28, 1987 HAND DELIVERY Paul J. Tadddune, City Attorney 130 South Galena Aspen, Colorado Esq. Street 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. Very truly yours, LAW OFFICES OF GIDEON I. KAUFMAN, a Professional ration RSL: j c - ~ COVENANT RESTRICTING LOT 2, BLOCK 104, CITY AND TOWNSITE OF ASPEN, COLORADO TO USE AS "EMPLOYEE HOUSING" THIS COVENANT AND RES]f,ICTION affec~ thr use property is made this ~day of r' Hodge Capital Company, a California limited partnership after referred to as "Owner"). of real 1987, by (herein- 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. The City Council of the City of Aspen on qr~~~ ' , , 1987, approved a growth management plan and subdivision exemption application affecting the Property and allowing the development 2 . 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 sui table 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/DDS -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. l8/DD5 -2- . ... 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 here fore 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: Pe r C. Rosell Attorney-in-Fact By: APPROVED AS TO FORM: APPROVED AS TO FORM: ASPEN CITY ATTORNEY ASPEN/PITKIN COUNTY HOUSING AUTHORITY C" By:-\'-:;- Paul J. 1 T~dune lS/DD5 -3- - STATE OF COLORADO SSe 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 H~~e Capital Company, a California limited partnership this .-<f" day of April, 1987. Witness my hand and official seal. My commission expires ~/~;wd1~ N ry Public A dress: , My Commission ExJl.ires EeDrual11t 1m 18/DD5 -4- LIMITED AJWER OF ATTORNEY IOOW All rvEN BY Tl-fSE PRESENTS, that L T\-llMAS H. WILSON, do hereby rroke, constitute and appOint PETE C. ROSEll my true and ICMful agent and attorenY-in-fact, for rre, and in my ncJre, to execute on my t.ehalf as general IXlrtner of Hodge Ccpital CaJpany, a California limited IXlrtnership, The Covenant Restricting Lot 2, Block 104; City and Townsite of Aspen, Colorado to use as "employee housing" as executed by rre on APril 24, 1987 with the cddition of the following IXlragraPh: "5. OWrer warrmts that all persons or entities having any lien, encurbrance, or interest in the property or in any of the employee housing ~ restricted property to be substituted herefor shall have consented (or shall have been subor- dinated) to such ~ 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," Wi th the sore val idi ty as I could, if personallY present; and do herebY ratify and confirm \'t(]tsoever my said attorney shall do or IlIIY do, by virtue hereof, This Limited PO\'er of Attorney, grmted to lW attorneY-in-fact, PETE C. ROSELL shall re effective for a period of seven (7) days, only, to and including the 30th 00y of ADri L 1987 at which tirre it shall re cleaTEd revoked without further action on the part of the urrersigned. ~~ Tf{)j''lA,S H. WILSON -- State of California ) County of Marin ) On this the 22;0-1 day of A7l2..l L ,19m tefore rre, SUSAN DUPUIS, the urrersigned Notary Publ ic; personally appeared IH--t6MU 8, W lL'SON. personally known to rre (or proven to rre on the lxlsis of satisfactory evidence) to re the person(s) whose nare(s) \ S subscribed to the within instrurent; and ackmwledgecl that ~ executed it. OFFICIAL SEAL StlSAI DUPU1S NOTARV PUBLlC-CAUFORNiA PAtNCtPA,L OFFtCE IN KARIN COlINTY 1'1 alQJSSIOI EXP. FU, ,2$,1989 SUSAN/DUPUIS; I'{)T , WITNESS lW hand and official seal, BOOK 551, PAGE292 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 ~ "" '.f\ <::x:. '\>0 r\ Book 535, Page 439, of the Records of pitkin County WIT N E SSE 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 ./',.... ;1 .1 1/;'..' ~TEST:' ':r~ :, ';\,. ,~. ;~~?~1) ~i ~~jJ A-/ \. 0.- ..::- ", ('~'I"'."-':'''''' ,> .>,="'r,., , 0 A J. J ", ....,~.-":,.,.~ ..", """"",,\ /~ /F By:Y~~/{1~ = ... ~ :::; N -c "" - <D "'''' CJ:) oi= ~ ~~ CJl -c ~ ,.= 0 :::s - .'" N :E i . CD II 0: -.. 24/DD7 Recorded at d:OV o'clockLM //-jCJ/?7 Reception No ~ 150 ;:J-7 SILVIA DAVIS PITKIN COUNTY RECORDER BOOK 551 PAGE285 OCCUPANCY AND RESALE DEED RES~RIC~ION AND AGREEMEN~ ~HIS OCCUPANCY AND RESALE DEED RES~RIC~ION AND AGREEMEN~ (the "Agreement") is made and imposed this ~ 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 ~ N E SSE ~ 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 --- hereby acknowledged, Owner follows: 1. ~he 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 receipt hereby and sufficiency covenants and of which is agrees as BOO~ 551 PAGE286 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 Property shall provide for a rental term 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 for occupancy of the of less than six consec- Property, Owner shall execute a standard Listing Contract with the Authority which shall communicate Owner's intention to sell the Property. Simul taneously 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 two percent of the sale price less the amount of Deposit previously made. 06/DD7 -2- BOOK 551 PAGE287 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 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 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, 06/007 -3- BOOK.551 PAGE288 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 06/007 -4- placed for sale and any reasonable shall be accepted (reasonable bid 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. ll. 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. A transfer of interest by will or inheritance. A transfer by genuine gift without any consideration therefore. A transfer of an interest to a trustee for the benefit of the Owner or the Owner's spouse or issue. 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 bid by Qualtg~~d 5~1!g~~~9 shall be determined by the (b) (c) (dl (e) 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 trans ferred 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- BOOK 551 PAGE290 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, instrument on the day and the parties hereto have executed this year above first written. OWNER: HODGE CAPITAL COMPANY a California Limited tnership By: 06/DD7 -6- BOOK 551 PAGE291 Mailing Address: STATE OF ~t~l-.f" ~lt-\ ) SSe COUNTY OF PITKI~) 1505 Bridgeway Blvd. Sausalito, CA 94965 The fOre~g instrument was ~ day of 6~, 1987, by Partner of Hodge Cap~tal Company. acknowledged before me this Thomas H. Wilson as General Witness my hand and official seal. My commission expires: ~2C~8J Notary ublic ~-., OFftClAl HAL ':t. . " SUSA!l1 DtJP1J1S l/,c;.> ~" UOTARY PU9ltC-CAL. ~\IjT,. ""'if PRINCIPAL OFFICe .. ~ PijARII c~n "Y C6Mft15S1GW EXP. FES; 25.1'S9 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:;../ ' thai~ ~~~ Mailing Address: 530 East Main Street Aspen, Colorado 81611 STATE OF COLORADO SSe COUNTY OF PITKIN ;1 ~ The fore99ing instrument was o day of Vb~, 1987, by Chairman of the Aspen/Pitkin County acknowledged befo -- rr I Vi Housin Authority. e me this as .1'"'' ,,~',<,\" .~:,,'l." . ..' '. ~. ,,>''0 .... .' 't;i .... ':)\1U" ' \, fi: ~rl \: :. .{/Y-O:,I/ -~... '...y............-..'.- ,.' ", 'I r, "f '\'" '.'Ff. " ""'I""UI""'" Witness my hand and official seal. My commission expires: b -l-1(- 10 06/DD7 -7- CI) s ~ s ~ ~ CI) . ( ( 5'1:"' ~,..,O BOOK v ~ p,',,;: lftJ .... 1;;' .. . ~ an an co co N r == COVENANT CI.'") J ~~) ~.) RESTRICTING LOT 2, BLOCK 104, CITY AND TOWNSITE OF ASPEN, COLORADO TO USE AS "EMPLOYEE HOUSING" --,.. . '. : .,~ - .'.'" .... :2 THIS COVENANT AND RESTRICTION affecting the use of real property is" made this ')9-d 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 ///>/..'f~ :ii, 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 sui table dwelling units in the future, as more particularly set forth below. NOW, THEREFORE, in satisfaction of the aforementioned conditions of GMP and subdivision exemp~ion approval, Owner hereby covenants and agrees as follows: 18/DD5 -1- ( ( 5q:J:Mt .140 \lOOK v l,~_ '1 J 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 burdeu 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. 18/005 -2- ( ( BOOK 535 P,"l': 4,11 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 here fore 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 Thomas H. Wilson General Parter ~ By: APPROVED AS TO FORM: APPROVED AS TO FORM: ASPEN CITY ATTORNEY ASPEN/PITKIN HOUSING AUT Q-, ~ \ ""__47,,)?/ Paul J., Taddune ' ~ By: lB/DD5 -3- . ( ( e;'1; ,., 4- '~2 BOOK VV<J r"'G~ _"1. wi STATE OF CALIFORNIA COUNTY OF )11 A:2. \ N SSe 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 2=tru day 0;1: April, 1987. ,Witness.my hand and official seal. My commission expires '2.~S-83, / (" "LA I.0t{) '-..... ~~&t-J Notaf'y Public. <... . Address: ~DC{j {>;K\D6taoN! . 'Sf\:tJ.<;Ac c-ro) dA, 9Ll9t:.-0 18/DDS -4- ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 925-2020 LAND USE APPLICATION FEES City 00113 - 63721 - 63722 ~ 63723 - 63724 - 63725 - 63726 - 63727 . 63728 - 47331 - 47332 - 47333 - 47341 - 47342 - 47343 - 47350 - 47360 GMP/CONCEPTUAL GMP/PRELlM1NARY GMP/FINAL SUB/CONCEPTUAL SUB/PRELIMINARY SUB/FINAL ALL 2-STEP APPLICATIONS ALL l-STEP APPLICATIONS; CONSENT AGENDA ITEMS REFERRAL FEES: 00125 - 63730 - 47380 ENVIRONMENTAL HEALTH 00123 - 63730 - 47380 HOUSING 001'5 - 63730 - 47380 ENGINEERING SUB-TOTAL County 00113 - 63711 - 47431 GMP/GENEAAL - 63712 - 47432 GMP/OETA1LED - 63713 - 47433 GMP/FINAL - 63714 - 47441 SUB/GENERAL - 63715 - 47442 SUB/DETAILED - 63716 - 47443 SUB/FINAL - 63717 - 47450 ALL 2-STEP APPL1CA lIONS - 63718 - 47460 ALL l-STEP APPLICATIONS! CONSENT AGENDA ITEMS REFERRAL FEES: 00125 - 63730 - 47480 ENVIRONMENTAL HEALTH 00123 - 63730 - 47480 HOUSING 00113 - 63731 - 47480 ENVIRONMENTAL COORD. 00113 .. 63732 - 47480 ENGINEERING SUB-TOTAL PLANNING OFFICE SALES 00113 - 63061 ~ 09000 COUNTY CODE ~ 63062 - 09000 COMPo PLAN .. 63066 - 09000 COPY FEES - 63069 - 09000 OTHER ;; ... -'/-'C0'f::j , 1'7 ,51 -!- (::7 5?c:? 00 1.~ j, 9(:) .00 7?J)'/,?C) , "'IF' "C' . Name: J.../:Ju' /) T Ie f' S t'l ': f f P, I Address: .::;<;- ~> I,~l'l .' \u,'/.(-' /J:','-,"~i) 't' -VI.: II SUB. TOTAL TOTAL 1/ ,,; / (j (),~l If::rt< i~':'ll1Phone: ,~- .f?/t (. . -v'J < Projec~: '/(/,? E I~I . ': 0;) . Dat.,n~;;77'/'i'7? " i'7' S- Check # Additional Billing: '-I -...:J #' of Hours: MEMORANDUM J C oa, Q Xe 0 "V, 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 / � p '� /h . / i n Department* Z m z 0 - FROM: Glenn Horn, Planning Office p Z c Steve Burstein, Planning Office ^' RE: Mountain View Residential GMP Submission* <0 �9 O O co zs O —7700 E. Hyman Residential GMP Submission 101U Ute Avenue Residential GMP Submission* 1001 Residential GMP Submission DATE: December 8, 1986 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 follows: 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. 01111111 AN 11110111 man ! = 1 a rEl 700 EAST HYMA CONDOM 1 N HUMS. RESIDENTIAL CM• APPLICATION DECEMBER 1, 1986 1 1 c • VANN ASSOCIATES Planning Corse tants MO December 1, 1986 s Mr. Steve Burstein Aspen /Pitkin Planning Office 130 South Galena Street Aspen, CO 81611 Re: Lucas Property Residential Growth Management Application s 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 so in addition to the GMP /conceptual submission fee, the check rl 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. urn /III Very truly yours, - VANN ASSOCIATES A Sun Vann, AICP ■ w ttachmefit ell • SV:sly/ 110 P.O Box 8485 • Aspen. Ccloraco 8 612.303 925 -6958 • WC w A RESIDENTIAL GROWTH MANAGEMENT APPLICATION FOR THE LUCAS PROPERTY r * v Prepared for w THE HODGE COMPANIES, INC. Real Estate Development and Management 1505 Bridgeway Blvd., Suite 129 +� Sausalito, California 94965 (415) 331 -1505 w Prepared by VANN ASSOCIATES Planning Consultants 210 South Galena St., Suite 24 Aspen, Colordo 81611 (303) 925 -6958 w and r HAGMAN YAW ARCHITECTS, LTD 210 South Galena, St., Suite 24 w Aspen, Colorado 81611 (303) 925 -2867 w gle ea TABLE OF CONTENTS • it Section Page so I. INTRODUCTION 1 w II. PROJECT DESCRIPTION 3 ea A. Water System 3 B. Sewage System 4 C. Drainage System 4 r D. Fire Protection 5 OR E. Development Data 5 r F. Traffic and Parking 7 G. Location 8 H. Impact on Adjacent Uses 8 I. Construction Schedule 9 J. Employee Housing Proposal 9 SA w• III. GROWTH MANAGEMENT REVIEW CRITERIA 11 IN A. Availability of Public Facilities and Services 12 1. Water Supply 12 *' 2. Sewage Disposal. 12 3. Storm Drainage 12 rr 4. Fire Protection 13 5. Parking 13 6. Roads 14 ~ B. Quality of Design 14 1. Neighborhood Compatibility 14 2. Site Design 24 3. Energy Conservation 27 4. Trails 29 5. Green Space 30 W C. Proximity to Support Services 30 1. Public Transportation 31 2. Community Commercial Facilities 31 ta D. Provision of Employee Housing 31 E. Bonus Points 32 *� IV. SUBDIVISION EXCEPTION 32 r en APPENDIX 34 A. Exhibit 1, Property Survey Exhibit 2, Title Insurance Policy B. Exhibit 1, Letter from Jim Markalunas, Director, Aspen Water Department Ss Exhibit 2, Letter from Heiko Kuhn, um Manager, Aspen Consolidated Sanitation District al Exhibit 3, Letter from Peter Wirth, um Fire Chief, Aspen Volunteer Fire is Department w Exhibit 4, Letter from Clark Smyth, Park Place Condominiums Ylr as a I. INTRODUCTION a 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, IN 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 r Sausalito, California (see Appendix A, Exhibit 2). The Applicant's representative is Peter C. Rosell, Vice President of The Hodge r Companies, Inc. al 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, so discusses the subdivision exception approval which is also being g m y requested in order to subdivide the parcel into two (2) 6,000 square .. foot lots. For the reviewer's further convenience, all pertinent as supporting documents relating to the project (e.g., property survey, title insurance policy, utility commitments, etc.) are provided in the ✓ r various appendices to this application. ,. 1 as p I, r •e uma OOOOOOOO Mae” VNawO a Oa I. j C a A INN> +n ONIO7If18 NVWAM 'i OOL i : 0 Silt/10091W NNVA a s n : n 8f c ■1 0 N iii I iii 1.3 is - - -. 3- ' b 4 a Y _ � � - -31J T �. -1 �� -1� F • ; C 47 I X 39 Is BIJo l ... I .a : > ' I mo •.. \ 8 CCCff / // ; \ J I i i imi jr • onoopoirbog000np 'B]000aoob d : _ oa . : _... d <I R oQ - -rX 1 I I C C L i p ia c -4— I l -- • Ill a i Q E o d I. a •i E4 o > o � U "" 'a9 ougrll — �I . MINI ° '� ill . - r . ' , - _ il-w I g , i i 1 - 11 - ir 4 i ,\- 11111 i C � ` r: %I s ti 0 0 ' i V .l = a ❑ F ' C i t l • aS' 111W --T i�NM �l��lIotI lIIIIIII�IhI!! . • p ` a '' - a 1 _ ■ In I a. I l EIMIJ. _ 0 c,� G __ � i , ` � � dl is - i ,. .. ,. J- , v V • ... , *S u.dU M F : IJ l. o J) ' f , `� p' IJ 2 VA in 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 mm im information and /or clarification. To the extent required, the Applicant would be most happy to provide additional information in the gig course of the application's review. ■ II. PROJECT DESCRIPTION mg rr The Applicant proposes to subdivide the Lucas property and to au construct two (2) duplexes totaling approximately 9,000 square feet. g m The project, to be known as the 700 East Hyman Condominiums, will ✓ r 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 goo gig of existing non - restricted units to deed restricted status. A sepa- rate application for condominiumization will be submitted in the event gm the project receives a development allocation. A more detailed des - cription of the proposed development is provided below. s A. Water System W . • 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 r n building permit. The preliminary fixture count for the project is r eight (8) toilets, ten (10) lavatories, eight (8) bath tubs /showers, me i y 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 w project on existing facilities will be minimal (see Appendix B, V Exhibit 1). w 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 s One hundred (100) percent of the stormwater runoff attribut- am W able to the Applicant's property will be retained on -site. Roof runoff from the new buildings, and surface runoff from the project's um r 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 MI ►� 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 lon 4 wm i Engineer. The project's detailed drainage plan will be reviewed with w the City Engineer prior to the issuance of a building permit. or D. Fire Protection an w 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 w regulations of the Uniform Building Code. E. Development Data w The 700 East Hyman project consists of four (4) townhouse units contained in two (2) duplex structures. Each three (3) level w unit will contain three (3) bedrooms and three and one -half (3 1/2) MI baths. Two (2) covered parking spaces will be provided per dwelling w unit, with two (2) additional outdoor spaces to be provided on each rr unit's paved driveway apron. The individual townhouse units are m■ essentially identical in size and layout, and contain approximately 2,250 square feet of floor area. The sales prices of the units will w be dictated by market conditions, but are expected to range from $500,000 to $750,000. The following table summarizes site and devel- w opment data for the Lucas property and the proposed 700 East Hyman condominium project. r 5 Table I DEVELOPMENT DATA 1. Total Site Area 12,000 sq. ft. Lot 1 6,000 sq. ft. 41. Lot 2 6,000 sq. ft. as 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. 1 +� 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 rr East Duplex 0.75:1 West Duplex 0.75:1 rY 1. Excludes each unit's subgrade outdoor terrace and parking apron. ow es 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 1r credit for the exempt duplex, a building permit must be issued prior O to the receipt of a GMP allocation. In the event a permit is received before the City Council allocates the 1986 residential quota, the r Applicant will technically clarify his GMP application to reflect a request for only two (2) units. 6 w F. Traffic and Parking MP w No significant impact is anticipated upon the existing r street system, as the City Engineering Department has indicated that both Spring Street and Hyman Avenue are currently functioning below +r allowable capacity levels in the immediate site area. Inasmuch as the w at units are to be marketed primarily as second homes to seasonal resi- w dents, and given the proximity of the project to the commercial core, rr Aspen Mountain and the City's public transportation routes, traffic we increases on area streets should be inconsequential. As shown on a Figure 2, page 8, all municipal bus routes currently utilize Spring Street with the exception of the Hunter Creek Route. The Rubey Park w Transit Center is located approximately four (4) blocks southwest of the property. an �+ 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 of 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. 7 ..I a t AN ow asons 1 V N a V a. om i II o ,a 1 ONIa,InS NVWAN '3 OOL q _ j . SSIVIOOSSV NNVA 8 n . v` MI gall 1 9 1 Z C is iii I b t. J _ �- I I lrn \ I , � 1. . _ I / i I Ilk! •aS PJIBWO . � (•© ' w 1 , ati � � i o • IH+k'dS00000000000do0000 oobo % f o , i` ► r ° -,�ci MI P 1 I •\ i I Y 0 0 a= datum{ O Y � r c �w � II a II o o > o 6 • 451 •wlan K IIIIIIIIIIIIIIIII • ° i k, -V� ilLA 1 • _- Ni '� , _ I li. a ° � ' � w— . 1 1 a al k *' x; 0 ;' ' �' T ' ° IlllllllllI ■IIIIIllllllllllllllil Ill l iiilllllllll r y • , b f N I, o .. - i I • Q • i IIIII i ! : I _ ' • - o . � . �..r. q.00 a00 000000cabo�,0 y 1.1 WA all i o TI ; a oi O..a......r O _ 7..,••• 60000.loo •. 0 •0 + A 1 r i , ' I FFF 0 .S o 0 8 am as G. Location a The Lucas property is centrally located in the heart of downtown Aspen on the fringe of the City's commercial core. The Hyman w 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- 0 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 0 to the north, provides convenient access to Aspen Valley Hospital and w 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 0 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. r 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 .. r building, the Weinerstube restaurant and the Hannah Dustin office r 9 MO building located at the northwest, southwest and southeast corners, s 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 rr single- family residence located across the alley, however, are ' currently listed for sale. Given the condition of the structures, and s 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 in 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 pm unaffected by the Applicant's proposal. es I. Construction Schedule es The target date for commencement of construction is the Spring of 1987, with completion of the project anticipated prior to 41111 the end of 1987. Phased construction of the project is not Am anticipated at this time. w J. Employee and Housing Proposal on The Applicant proposes to satisfy the employee housing requirements of Section 24- 11.4(c) via the conversion of existing non- e. restricted units to deed restricted status pursuant to the provisions of Section 24- 11.10(i)(2) of the Municipal Code. More specifically, 10 go the Applicant proposes to house 9.75 employees, or forty -five (45) rr percent of the total number of persons to be housed by the project as w a whole, in three (3) two bedroom units and one (1) three bedroom unit ai to be purchased at the Airport Business Center (see Appendix B, r 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- w mendations prior to the issuance of a Certificate of Occupancy for the .i new building. The units will be restricted to the Authority's low r income rental and sales price guidelines. P ut III. GROWTH MANAGEMENT REVIEW CRITERIA MI The following section addresses the various review criteria w 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 gg 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 ri each review category. Please reference as necessary the appropriate headings in Section II of this application for detailed information in agg support of the Applicant's representations and commitments. 11 Yr A. Availability of Public Facilities and Services The proposed project's impact upon public facilities and services is described below. as 1. Water Supply. The project may be handled by the existing level of service in the area. The Water Department has e indicated that the existing water mains in the area are adequate to a 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 rr existing level of service in the area. The Aspen Consolidated s Sanitation District has indicated that the existing eight (8) inch rr line located in the alley to the rear of the property is adequate to w 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 re 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 so 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 s install an additional basin in an appropriate location should one be so requested by the City Engineer. Requested Score: 2 points ; OP OS 4. Fire Protection. The project in and of itself improves the quality of service in the immediate site area. The site is O 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. NIIII Requested Score: 2 points soi 5. Parking. As discussed in Section II, the Applicant r 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 so r more than adequate given the second home, seasonal nature of the NM 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 Yr so extensive landscaping. Snowmelt will be provided to ensure safe rr ingress and egress. Requested Score: 2 points r 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 r functioning below allowable' capacity levels in the vicinity of the property. Although vehicle ingress and egress to the property will or obviously increase as a result of development, potential circulation r 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 s eliminating a potential hazard to both pedestrians and through rr traffic. Requested Score: 1 point w Yr B. Quality of Design The quality of the 700 East Hyman Condominium's design is an discussed below. Please note that the project site is located oustide w rr of the City's commercial core historic overlay district and, there- - fore, Historic Preservation Commission review and approval of the as 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 wia 14 particular emphasis on visual compatibility with the site location as +m a "transition" zone between adjacent downtown areas and nearby resi- n dential areas to the east. go 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 a 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. a In addition to a site plan configuration which archi- - tecturally delineates each unit in order to reduce visual scale, the r building massing is further scaled down to neighborhood fit through provision rovision of the following: Contrasting flat and sloped roof forms which provide visual interest; placing the building footprints sig- n. nificantly back from the north, south and east setback lines and maintaining 24 feet of landscaped area adjacent to Spring Street; no reducing vertical building surfaces to an elevation approximately 2 i 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 4 m The site plan has been configured to create significant landscaped interior open space between buildings so that each unit has u 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 'r scale reduction, the combined flat and sloped roofs are designed to prevent snow slides onto the useable open space adjacent to units. s 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. mo 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 r 16 all al in III in NI 111/ s ■ F A Tsc • • II 1111 NAM - -- I Ill a 1 _ _ _ __ x�Q • III 1 - ili 0 111 _ a ' I J }. ■ .1 • K. � . ill 11 was ri ILJI 8 wll ,al 4 is e 1 J E a Iii I iii I 1 � F Q • U - i o ; N sr [ II g I I 1 _ iy 1I 1 i 1 g Si . • III — -II 1111 • a • 34 t 1 • _ 4 vwse •NI••• In MI am EN a ow r 700 EAST HYMAN CONDOMINIUMS HACMAN YAW ARCH! TCCTS. LTD P IM MN MN 17 ✓ I' .r 7. • • 0 a S - • E IS • i v q s . • a : y a is Nit IMMIN •t a,■ ■ cI, + 7111 = ' . 1 ii, Imo' t . J ii 0 r . 1--. 1 f 711 , lg - ' d i 1 �A �� 2 -two , di 111 i J! ! J . 2 11 1111 NI \V 4 IM �� III r; W o. ar t I t`,_ ' 0 J. e X W � l a MI . n . ®� - L..Yl. •HIY•. A ill MN r A r• rio 7 00 EAST HYMAN CONDOMINIUMS HAGMgN YAW AP CHITEGTS �To la Po we 18 OM r In a A M f Q .. 1 J ii I a 1 J IN W e1 :...J W IC € � P. 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Milk r • a s iii a \ ':. 0 VI- .. , ', z . • elma, -I "mi. 0 . .. { ,i ., a a — o a �'" t'I W WA 14 MI W 4' k w J .0 , J • NI 1 4 I II ��p .• -' II Wm i r s a '= FPIbp. a ,; • arsta naa i ll' IL ` ,o.IWHJhwwolhR qi 11 a , 1 k 1 lir 'I .- - I d,at a IMAl La IAA "„ so L N. 700 EAST HYMAN CONDOMINIUMS HAGMAN YAW ARCHITECTS, LTD ■ P ryi Cnio�eao Plv� -n c�i�. ..a.. r 23 MN 2. Site Design. The basic design concept for the project site has been dictated by the limitations which are inherent to the s • development of the City's original townsite lots. The area and bulk requirements of the 0- Office zone district, in conjunction with the in 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 w o r 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. w Pedestrian access to three (3) of the project's four (4) units is provided from Hyman Avenue, the quieter and less traveled of the w site's two adjacent streets, while the remaining unit is accessed r directly from Spring Street. In order to enhance vehicular circula- tion in the immediate site area, access to the project's parking areas rr is provided via the alley, thus eliminating the need for curb cuts in �r 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 r SW 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 is 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 w nature of the project, the provision of a single dumpster as proposed w should be more than adequate to handle anticipated trash generation. ✓ e As Figure 4, page 18 illustrates, the site has been NI ✓ designed to maximize both the quality and quantity of the project's w 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 w public right -of -way significantly contribute to the quality and w character of the project's site design. w The project's open space, parking areas, and the Spring Street and Hyman Avenue right -of -ways will be extensively landscaped w with specimen size deciduous trees, shrubbery and seasonal flowering w u plants. Actual specimens will be selected depending upon .11 as 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. r 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 r area, and to further enhance the appearance of the project. The a 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, m, 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 ✓ r property line to provide increased privacy and to partially shield the s easternmost unit's entrance and parking apron from adjacent W development. r 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. r Requested Score: 3 points s 3. Energy Conservation. The 700 East Hyman Condominiums us have been designed to maximize the effective expenditure of monies for r energy conservation purposes. Costs versus benefits have been care- ss st fully evaluated to ensure that energy related expenditures do not opm outweigh the benefits to be gained. The following specific features r will be incorporated in the project. so es a) Building Orientation and Solar Utilization. As the architectural floor plans illustrate, each unit has been given a sr southern orientation with glazed areas and internal storage mass sized to provide a comfortable amount of passive solar gain for each Ems enclosed space. el am b) Glazing. Appropriately, each different window w 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 r the buildings while helping to prevent internal longwave radiation from escaping. A west facing glazing will be specified which will as 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 rr minimum standards. The majority of the project's exterior walls will be masonry, with rigid insulation in excess of local requirements. sr Construction details will eliminate possible thermal bridging between interior and exterior wall mass. To the extent feasible, wall mass on will be concentrated to the interior of the wall section to increase ow internal thermal storage. Rigid insulation will also be used to rr insulate the perimeter of floor slabs and foundations. All roofs will have an insulation value of R -38 or better, and all exterior doors • el will be insulated to further enhance energy conservation. y d) Mechanical Systems. Each unit will employ a w� 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 me y 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 28 as via high efficiency, heavily insulated hot water heaters located in so each unit. on r e) Lighting. Natural daylighting techniques will be w 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 VIII avoiding the disadvantages of excessive heat loss. o o or f) Infiltration. All doors and windows will be n o weatherstripped to appropriate levels to prevent excessive heat loss, and to preclude the build -up of indoor air pollution. Vapor barriers No is 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. n 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 rr along both Spring Street and Hyman Avenue in conjunction with the on 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 no sidewalk improvement district in the event one is formed, the instal- s lation of sidewalks, bike racks and street furniture at this time ■I represents a substantial benefit to the City. In view of this w benefit, and the quality of the Applicant's proposed design, the project should be awarded the maximum _score available in this or category. 111 ■1 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, q pp Y Y� ) P P j , re will be devoted to landscaped open space. Given the urban character 111 of the site, and its inherent development limitations, the preserva- o tion of such a substantial amount of useable open space is a noteworthy accomplishment. While the project's extensive landscaping or 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 s 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 or The project's proximity to public transportation and community commercial facilities is discussed below. r 30 1. Public Transportation. As Figure 2, page 8 illus- r trates, the Mountain Valley, Snowbunny, and Highlands bus routes pass r 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- No cipal bus routes, and is entitled to the maximum number of points • available in this scoring category. B N N Requested Score: 3 points W 2. Community Commercial Facilities. As Figure 1, page 2 illustrates, the proposed project is located within two (2) blocks sw 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 w rr 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 POP Section 24- 11.4(b)(4) of the Municipal Code, the project is entitled . , to nine (9) points, calculated as follows: N D 45 percent low income housed x 1 point = 9 points 5 percent housing factor Requested Score: 9 points r 31 E. Bonus Points The Applicant believes that this project has exceeded the a 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 no points. Specific areas in which we believe the project excels include building and site desi n, 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. rr IV. SUBDIVISION EXCEPTION as so In addition to a residential growth management allocation, the proposed project will require subdivision approval in order to divide YII the property into two (2) separate duplex lots. Inasmuch as only two r (2) lots will be created, and the subdivision will occur along a o p 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 r 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 as the City's subdivision procedures. Exception from full subdivision w 32 r review is necessary for the preservation of a substantial property right, and the granting of an exception would not be detrimental to it the public welfare or injurious to other property in the immediate r r site area. a i 6. INS re um r 33 r i i r r r i r Min i s s MI APPENDIX A i - EXHIBIT 1 ƒ/ , §t — © 4, !J _ ! . \/g\ i. \1 --. - . / } � ƒ� ) {. . 1 ri 4.8 ............. i. ) ] on III . y _ ! is ] \ ƒ as �, .w� 2 i i \ ■ 1 - , U M I OM . INS 0 1111 } 4, clo at ' ' r _ ƒ - / dm { < , . _ • J . , In . - . --- — _ . } . . -----"-------._,..4tt_,,, / • • c 1 _ } 1 ! ) iis �_ . _, j ma if ; I , se { \ . . . i . ! r a* . OM Arne Land Title Association Commitment - Modified 10/73 EXHIBIT 2 t� � w.s -� -e- :�. e.. • c.. + es a .., 1 %S :.-. e._ aA • tsj a.. t& e.s e.... ,A, u,' -- -L— ip: �'S>!o-a P Sa 1p.4i. L> .. - �.Oa.o..a..o:.e..�. �:- .�..o.:e. o.?aE ot•4.e.' _ ,' ' qtr r COMMITMENT FOR TITLE INSURANCE l � ISSUED BY tLv" .:rr MAY 0 3 1985 P . STENVA_RT TITLE � THE HODGE CO. 4=.; •7 GUARANTY COMPANY !• 9 '„ I• STEWART TITLE GUARANTY COMPANY, A Texas ation, herein called the Company, for rr valuable consideration, hereby commits to issue its policy or po • ies of title insurance, as identified in r> Schedule A, in favor of the proposed Insured named in Schedule A, s owner or mortgagee of the estate ,,,,, or interest covered hereby in the land described or referred to in Schedule A, upon payment of the r premiums and charges therefor; all subject to t provisions of Schedules A and B and to the Conditions i and Stipulations hereof. y i X T his Commitment shall be effective only when th - dentity of the proposed Insured and the amount • ii! r of the policy or policies committed for have been i rted in Schedule A hereof by the Company, 4 . 'R om c either at the time of the issuance of this Commitment or by subsequent endorsement. l This Commitment is preliminary to e i ssuance of such policy or policies of title insurance and all r liability and obligations hereunder a ease and terminate six months after the effective date hereof , or when the policy or policies com • te• or shall issue, whichever first occurs, provided that the j r failure to issue such policy or policies is - L e fault of the Company. This Commitment shall not be p.V-; valid or binding until countersigned by an aut orized officer or agent. ';T 4. ""R IN WITNESS WHERI P the Company has caused this Commitment to be signed and sealed, to become valid when cou riigned by an authorized officer or agent of the Company, all in accordance j with its By -Laws. This Com • me is effective AK as of the MPA date NY shown in Schedule A as "Effective Date /' I'E �OIIA V R ART CO TITLE , /yo 7 f s . Chairman o1 the Board ; 3 •?tonoR+rf �< Pr esident •! *- ■G x _�N: t o U o . f S\ F r. - Ex As ao' 7ay�p. f n `; ; � e.. 4 ..e. 0 0 Diu 0. o} �0! Se rial No. �C!?} !00, :} Sl€ 1J! 0.. 4} � C-1601- 37490 .. - ' , at . — °- ` - 165 25M 2 84 Imo +. RW /kk SCHEDULE A Order Number: 13103 Commitment Number: 1. Ellectivedale: April 22, 1985 At 8:00 A.M. is 2. Policy or Policies to be issued: Amount of Insurance Premium A. ALTA Owner's Policy • $ Proposed Insured: Tax Cert. $ 5.00 B. ALTA Loan Policy $ 200,000.00 $318.50 Proposed Insured: aY First National Bank in Aspen c and /or Assigns $ • 3. The estate or interest in the land described or referred to in this commitment and covered herein is tee simple and title thereto is at the effective date hereof • vested in: Hodge Capital Company \\\ ei ae 4. The land referred to in this commitment is described as follows: t r \k Lots K, L, M, and w Block 104 ar CITY AND TOWNSITE 0 PEN r County itkin, Sta f Colorado nip fill rr O ea spa .� STEWA14T TITLT AulMnzed Counters4grulme page 2 “UANANTV COMPANY 1652120M 9 9A1 ea SCHEDULE B — Section 1 ! Order Number:1 Commitment Number: Requirements The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, OR to wit: am 1. Deed of Trust from the Borrower to the Public Trustee for. the In use of the proposed lender to secure the loan. NOTE: Trade Name Affidavit recorded March 26, 1985 in Hook 483 at Page 461 names Thomas H. Wilson as the sole representative of Hodge Capital Company. e ! ! WO es ! % %lit A ! ON ea S'I'E�VAR'I' TITLE pnrio q GUARANTY COMPANY r SCHEDULE 8 — Section 2 r Exceptions Order Number: 13103 Commitment Number: AI The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the y satisfaction of the Company: • out 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 maser ial heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims 01 other matters, i1 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 unpaid taxes and assessments and any unrerieer.Thd tax sales. s 7. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or str =c improvement area. P. Exceptions and Mineral Reservations as ntained in _ tent to ea Aspen Townsite recorded March 1, 1897 i .00k 139 at go 216 as Reception No. 60156. i um ■r 9. Easement for electrical and , nriunication ttility appurtenances on, upon, over, under, and a ss the Nort erly 5.5 feet of the Easterly 8.0 feet of Lot. N, t k 104 as taken by the City of Aspen, Co. and t • Mountain S s Telephone end Telegraph Company pursuant o Decree in 13 Action No. 6019, District. Court, Pitkin Coun y, Colorado recorded January 26, 1977 in Rook 323 at Page 8.3 as Reception No. 191532. iss r - ✓ G M Exceptions numbered - are hereby omitted. Page4 STEWART TITLE GUARANTY COMPANY - r i i w W VIM rw i i i w i a i APPENDIX B EXHIBIT 1 awl CITY OF ASPEN 130 south galena street aspen, colorado 81611 303 - 925 -2020 w July 21, 1986 rr Vann Associates r Sunny Vann, AICP P.O. Box 8485 Aspen, Co 81612 Re: Lucas Property In regards to your inquiry concerning the Lucas property, per our r 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. r 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. +i This would improve fire protection for the neighborhood, as there is not a fire hydrant located at this intersection. 1111 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 ri W NOR w EXHIBIT 2 .{aspen Consolidated San Distlr 565 North Mill Street Aspen, Colorado 81611 Tele. (303) 925 -3601 Tele. 1303) 925 -2537 A July 22, 1986 r ON Sunny Vann rr % Vann Associates P. 0. Box 8485 +M Aspen, Colorado 81612 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. a Sincerely Heiko Kuhn, Mananger i Aspen Consolidated Sanitation District • r1 WW • a Iwo Imo EXHIBIT 3 PARKPLACE ,. C O N D O M I N I U M S November 14, 1986 w i I Peter C . Rosell w� The Hodge Companies 1505 Bridgeway Blvd. Sausalito, CA. 94965 r RE: Lucas Property Dear Peter, 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 El 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 4176 (808 sq.ft.). Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. r Ve y tr 1 you s, C1- k Sm h ■ r 413H Pacific A venue, Aspen. Colorado 81611 (303) 925 -2450 WO EXHIBIT 4 e INS 4sTa& v S C 0 al/ WiliAlek (/GYM // I "A 420 E HOPKINS STREET ASPEN, COLORADO 81611 13031 925 -5532 e July 22, 1986 Vann Associates + Planning Consultants Box 8485 Aspen, Colorado 81612 u 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. r Sincerely - . 17e tb - 71/4' Peter Wirth Fire Chief a r