HomeMy WebLinkAboutcoa.lu.ec.925 E Durant Ave.26A-88
CASELOAD SIDm1\RY SHEET
City of Aspen
DATE
DATE
RECEIVED: to . {p -g f
COMPLETE:
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W~J1:L ID AND CASA ~t.
J7 - ~ . {P1-oU 3 ~t?- .
STAFF MEMBER:
.(9D (;11;!:--1tj{~57L~
PROJECT NAME: ():j[; O.
proj ect Address: J
APPLICANT:
App1icant Address:
REPRESENTATIVE: (I n~' J (---
Representative Address/Phone: .c. 0;:\.' U]. V-
______~~_-------------------------------------------J0~~]1l'~__
------ -------------------~--------~-------------------------
PAID: Y NO AMOUNT: (J I, cD~[). OC
1) TYPE OF APPLICATION:
1 STEP:
2 STEP:
2) IF 1 STEP APPLICATION GOES TO:
P&Z
CC PUBLIC HEARING DATE:
VESTED RIGHTS: YES NO
~
3)
PUBLIC HEARING IS BEFORE:
j -,--th
P&Z \. J J Ii ~' r tc
- I
DATE REFERRED: /tJ l~)'l'?
N/A
( .1)/
INITIALS: ~f~ ~~
REFERRALS :
/, City Attorney
=L 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/Inspect
Roaring Fork
Energy Center
Other
FINAL ROUTING:
DATE ROUTED:
INITIAL:
City Atty
city Engineer
Bldg. Dept.
Other:
FILE STATUS AND LOCATION:
"
Mr. Steve Burstein
Aspen/Pitkin Planning
130 S. Galena St.
Aspen, CO 81611
Office
o
Groundwork
Box 3863
Aspen, CO 81612
(303) 920-1202
A rV"''',.;Hi:/1:'98&'
RE: 925 E. Durant Townhomes Development
Dear Steve:
The purpose of this letter is to provide technical clarification
of information provided in the 925 E. Durant Townhomes
development submission. Specifically, the applicants wish to
respond to Paul Taddune's letter of January 5th, in which he
states the city's position regarding clarification of the
employee housing contribution incorrectly stated as "70%" in the
submission, and to respond to your request for clarification of
information supplied for the preliminary subdivision application.
The applicant's cash-in-lieu employee housing contribution of
$226,00.00 reflects a percentage of housing of 51.835 percent,
which is divided as follows: $226,000.00 = $20,000.00 x number
of employees housed; number of employees housed = $226,000.00
divided by $20,000.00 = 11.3; 11.3 employees housed + 10.5 "free
market residents" = 21.8 persons (total project); 10.5 "free
market residents" divided by 21.8 persons = .48165; 1.00-
.48165% = 51.835%.
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If you concur with this calculation, it is my assumption that the
project will receive credit for housing 51.835% of the total
project.~ and the GMP scoring will reflect a score of 10.367
points for the employee housing category. In addition, the
applicants agree to Paul Taddune's second condition, which
requires adjustment to the dollar contribution if the cash-in-
lieu contribution escalates prior to payment of the contribution.
The information required for the preliminary plot is contained in
the submission, but as you know, it is not arranged in the same
order as Section 20-12 of Aspen's Municipal Code. In the
interest of efficiency, the following list of pages and/or
exhibits in the 925 E. Durant Townhomes submission is arranged in
the same order as Section 20-12:
'""'
.,
Section 20-12
(a) The plat is labeled as Exhibit E; the vicinity map
is labeled as Exhibit D.
(b) The proposed name of the subdivision is 925 E.
Durant Townhomes (Note that a previous plot of
925 E. Durant was vacated in late 1987.)
(c) The owner and subdivider of the parcel is STP
Associates, 200 Main St., Toms River, NJ 08753.
The designer of the subdivision is Groundwork,
P.O. Box 3863, Aspen, CO 81612. The surveyor
(Exhibit E) is Aspen Survey Engineers, 210 S.
Galena St., Aspen, CO 81611.
(d) Exhibits D and E
(e) Exhibit E
(f) Exhibit E shows existing contours, Exhibit H
indicates proposed contours.
(g) Exhibit E
(h) Exhibits E and H
(i) Exhibits Hand P
(j) N.A.
(k) Soils tests will be conducted prior to any con-
struction on the site. The project is expected to
generate 12 vehicle trips per day (page 4 of the
submission) . The project will contain a maximum
of one fireplace and one approved wood burning
device.
(1) As indicated by the text and Exhibit H, the pro-
posal will have no adverse effect on the surround~
ing area. Excavation has been minimized, no im-
provements are required to the water or sewer sys-
tems, and in fact, an existing 4" sewer line stub
will be utilized for the development.
(m) Page 4 of the submission contains the information
required by the section. According to the formula
contained in Section 20-18(A), the project will
generate nine persons.
(n) Exhibits Hand P
(0) N.A.
'.
(p) The names of adjacent property owners were trans-
mitted under separate cover.
(q) N.A.
I hope this information is helpful in your review of our
development.
On behalf of my clients, I would like to thank you for your
cooperation in working through these technical clarifications.
Please do not hesitate to contact me or the architectural firm of
Gibson and Reno if you have questions regarding this submission.
Sincerely Yours,
1 '
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I / '.,(1/ n/ II. ,
'/llv"I./r,. ,:/.......
./
WaynE! Ethridge
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WE/jak
/
cc: Richard Stanzione
Bill Pau li
John Tadesco
Augie Reno
Dave Gibson
Rick Knezevich
,H, !$HA.!JEO AREA FOR 51 ATlSTlCAl
PURPOSES ONL Y AND IS NOT A PART
OF rHE PO'IC
r
1 Policy Number 4 Policy Amount
2 Property;;',", 5 Premium
1 Effective Date
a Survey Amendment
....-.""
" Y 3 County 6 Rate Rule 9 Additional Cheins ~
. $
-00-882724 A 097 360,000.00 456.00 03 09/01/87
2 J 4 5 6 7 8 9
---.
@uye1"S lltle Insurance @rporatlon
OWNER'S POLICY
Schedule A
CASE NUMBER
DA TE OF POLICY
AMOUNT OF INSURANCE
THE POLICY NUMBER SHOWN ~
ON THIS SCHEDULE MUS T
AGREE WITH THE PREPRINTED
NUMBER ON THE COVER SHH T
POLICY NUMBER
PCT-446-87
SEPTEMBER 01,1987
@ 11:59 A.M.
$360,000.00
85-00-882724
Name of Insured:
S T P ASSOCIATES, A NEW JERSEY GENERAL PARTNERSHIP
2 The estate or interest in the land described herein and which is covered by this policy is:
~'
IN FEE SIMPLE
3 The estate or interest referred to herein is at Date of Policy vested in:
S T P ASSOCIATES, A NEW JERSEY GENERAL PARTNERSHIP
4. The land referred to in this policy is described as follows:
LOTS F, G, H, AND I,
BLOCK 119,
CITY AND TOWNSITE OF
ASPEN,
COUNTY OF PITKIN,
STATE OF COLORADO.
"
Pitkin County Tille. Inc.
601 E. Hopkins (303) 925-1766
Asoen, Colorado 81611
Issued .'!locatlon,
This Policy IS Invalid unless the cover sh('el
l@JYel'S lItle Insurance (9rporation
OWNER'S POLICY
CASE NUMBER
DATE OF POLICY
THE POLICY NUMBER SHOWN ON THIS SCHEOULE ~
MUST AGREE WITH THE PREPRINTED NUMBER ,.
POLICY NUMBER
PCT-446-B7
SEPT. 01, 1987
ON THE eov!~ SH!~
85-00-882724
Schedule B
This policy does not insure against loss or damage by reason of the following:
Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public record.
3. Discrepancies. conflicts in boundary lines, shortage in area, encroachments. and any facts which a correct survey and inspection
of the premises would disclose and which are not shown by the public records.
4. Any lien. or right to a lien, for services. labor, or material heretofore or hereafter furnished, imposed by law and not shown by the
public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Act authorizing the issuance thereof; water rights, claims
or title to water.
6, Taxes for 1987 not yet due or payable.
7, Reservations and exceptions as contained in the Deed from the City of
Aspen providing as follows: that no title shall be hereby acquired to
any mine of gold, silver, cinnabar or copper or to any valid mining
claim or possession held under existing laws and subject to all the
conditions, limitations and restrictions contained in Section 2386
of the Revised Statutes of the United States.
8. Encroachment of dumpster as shown on the survey of the subject property.
9. Deed of Trust from : STP ASSOCIATES, ~NE~-/'ERSJi:Y ,GENERAL PARTNESHIP
to the Public Trustee of Pitkin Countt!,,' 'i'
for the use of : ASPEN SAVINGS AND LOAN ASSOCI~~ION
to secure $400,000.00")
dated AUGUST 31, IlJ87 ,.
recorded SEPTEMBER 01, 198'] in Book 544 at Page 97 I.
reception no. 292439
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Policy 85 Rocky MI. (Rev. 2-79) Litho in U.SA
Form No. 035-0-085-0502/2
,....,...''"'1...'..'
ALTA Owner's Policy-Form B 1970 (Rev. 10-17-7oand 10-17-84)
t"'nnvrinht 1 Q,;Q
800K
572 PAGE 701
Recorded at_ ' '~I o'clock "I::M J; 7,~f-
RJception No ~ 08'"
SILVIA DAVIS PITKIN COUNTY RECORDER
SUBDIVISION IMPROVEMENTS AGREEMENT
925 E. DURANT TOWNHOMES SUBDIVISION
,,~
/ THIS AGREEMENT, made and entered into this -- day of
.A'~ -LvtJ1988, by and between the C I T Y 0 F ASP EN, a
mun cipa1 corporation and home-rule city ("city"), and STP
Associates, a New Jersey limited partnership ("owner").
WITNESSETH:
WHEREAS, Owner has submitted to the City for approval,
execution and recordation a Final Subdivision plat ("plat")
pertaining to the development of a residential project at 925 E.
Durant Avenue ("project"), situate within the City of Aspen,
Colorado, legally described on the subdivision plat; and
WHEREAS, all development elements of the Project have
received the requisite conceptual, preliminary and final
approvals from the City; and
WHEREAS, the City has fully considered the Plat, the
proposed development and improvement of the land therein and the
anticipated benefits and burdens to other adjoining of
neighboring properties and the downtown area in general by reason
of the proposed development and improvement of the land included
in the Plat; and
WHEREAS, the City is willing to approve, execute, and accept
for recordation the Plat upon agreement of Owner to the matters
hereinafter described, sUbject to all the requirements, terms and
conditions of the City of Aspen Subdivision Regulations and other
laws, rules and regulations as are applicable to the project;
and
WHEREAS, the City and Owner mutually acknowledge and agree
that the matters hereinafter set forth are reasonable conditions
and requirements to be imposed by the City in connection with its
approval execution, and acceptance for recordation of the Plat;
and that such matters qre necessary to protect, promote, and
enhance the public health, safety and welfare; and
WHEREAS, under the authority of Sec.20-16 (c) and Sec.24-8.1
et seq. of the Aspen Municipal Code, the City is entitled to
assurances that the matters hereinafter agreed to will be
performed by Owner and Owner's successors and assigns: and
WHEREAS, Owner is willing to enter into such agreements
with, and to provide such assurances to the City.
p'-'''-
80D~ 57'2 PAGE 702
NOW, THEREFORE, in consideration of the premises, the mutual
covenants herein contained, and the approval, execution and
acceptance of the Plat for recordation by the City, it is agreed
as follows:
A. Project Construction Schedule.
Owner and City mutually acknowledge that
schedules cannot be submitted at this time.
that the Project will be constructed generally
the following time frames, which shall not
representations or schedules:
exact construction
Owner anticipates
in accordance with
constitute binding
Substantial
1. units 1 - 4
Commencement
Date
(on or after)
7/1/88
Completion
Date
(on or before)
4/31/89
2. Public Improvements described
in Paragraph B, below
7/31/89
All construction shall be performed in a good and
workmanlike manner and in accordance with applicable City
standards, rules and regulations.
B. Site Improvements.
Owner hereby agrees to accomplish the following improvements
in the project area:
1. Sidewalk.
property along the
landscape plan.
A sidewalk will be provided adjacent to the
south side of Durant Avenue, as shown on the
2. Relocate utility Transformer. The existing utility
transformer will be relocated to the southeast portion of the
Project site. A utility easement shall be dedicated to the
public.
3. Landscaping Improvements. In accordance with Sec.24-
8.16 of the Aspen Municipal Code, all required landscaping for
the Project shall substantially conform to the Landscape Plan.
The landscape Plan shows plant material, proposed treatment of
ground surfaces and other landscape features. Such landscaping
shall be completed in a logical sequence commensurate with the
construction schedule and planting seasons, but not later than
July 1, 1989.
It is understood that labor disputes, fire, unusual delay in
transportation, unavoidable casualties, causes beyond Owner's
control or any other cause which the City may determine justifies
the delay shall extend the time period for completion of the Site
Improvement identified in this Section B.
"".,,,
BOOK 572 P~\GE 703
c. Employee Housing.
1. The low-income" "cash-in'lieu" payment for the
four units shall be made to the City at the time that building
permits are issued for such units. The total payment for the
subdivision shall be $226,000.00. Payment of the $226,000.00
employee housing fee shall be computed as follows: Each two
bedroom unit $45,200.00; Each three bedroom unit $67,800.00.
D. Financial Assurances.
Owner agrees to secure the performance of the construction
and installation of the Site and Landscaping Improvements
described in paragraph B above, and to guarantee one hundred
percent (100%) of the current estimated cost of such Site
Improvement, which estimated cost is approved by the CIty
Engineer to be $27,500.00. Owner shall guarantee by a letter of
credit from a financially responsible lender that funds in the
amount of such estimated costs are available for the account of
Owner for the construction and instal1atio'h of the'-ahove--
described Site Improvements. Such letter of credit shall be
delivered to the City prior to the issuance to Owner of a
Building Permit for the Project, and shall give the City the
right, upon clear and unequivocal default by Owner, to withdraw
funds as necessary and upon demand to partially or fully complete
and/or pay for any of such Site Improvements,and/or pay
undisputed, outstanding bills for work done thereon by any party,
with any excess letter of credit amount to be applied first to
additional administrative or legal costs associated with any such
default before the unused remainder (if any) of such letter of
credit is released to Owner. Provided, however, that Owner shall
be given fourteen (14) days written notice of default prior to
City's ability to make a call under the letter of credit. As
portions of the required Site Improvements are completed, the
City Engineer shall inspect them, and upon approval and written
acceptance, he shall authorize the release from the letter of
credit delivered by Owner of the agreed estimated cost for that
portion of the Site Improvements, other than landscaping except
that ten percent (10%1 of the estimated cost shall be withheld
until all proposed Site Improvements are completed and approved
by the City Engineer. Provided, that the withheld ten (10%)
which relates to the Site Improvements described in Paragraph B
above shall be released by City upon completion and approval by
the City Engineer of all such paragraph B Site Improvements other
than landscaping. The portion of the financial guarantee
relating to landscaping shall be retained in its entirety until
all landscaping improvements are completed and in place for one
full growing season and approved by the City engineering
department. Subsequent to approval of the landscaping by the
engineering department the letter of credit shall be discharged.
,-,-_._.".~~._.._---~--"~_...,..~.,+.._.,,.. <
BOOK 5 72 P~GE 70 4
The owner also agrees to deliver to the City, upon demand
therefor by the City Engineer, a maintenance bond or other
suitable guaranty for the repair or replacement of any existing
municipal improvement damaged during construction of new Site
Improvements.
Furthermore, Owner hereby agrees to and does hereby warranty
all Site Improvements described in paragraph B to accepted
standards of good workmanship for a period of one (1) year form
and after acceptance thereof in writing by the City. In addition
to this warranty, Owner shall obtain from its contractors
customary warranties of good workmanship with the City as
beneficiary, with respect to all Site Improvements required by
paragraph B.
E. Use and Maintenance of Open Space and Other Common
Facilities.
Owner shall occupy the project open space for such uses as
may from time to time be deemed appropriate by Owner, provided
compliance with the Aspen Municipal Code. Pursuant to the
provisions of code Sec.24-8.19 (as applicable), Owner agrees that
it shall be the perpetual responsibility of the owner or Owners
from time to time of the Project property to maintain, in a clean
and attractive condition and in a good state of repair, all open
space located within said property. Responsibility of the
Homeowner's Association in this respect may be contractually
delegated to a private property management company or to an
employee of the Homeowners' Association.
The following shall apply to the Homeowner's Association:
1. Formation. The Homeowners'
formed and established prior to the closing
within the project.
Association shall be
of a sale of any unit
2. Documentation. Documents for the Homeowners'
Association shall include declaration, articles of incorporation
and bylaws.
3. Membership. Membership in the Homeowners'
Association shall be mandatory for each unit owner and shall be
automatic upon the recordation of any instrument transferring a
legal ownership interest (excluding standard security interests)
in or to any unit.
4. Board of Directors. The board of directors of the
Homeowners' Association shall consist of at least three (3)
members who shall be owners, or representatives of owners, of the
subject property.
._.".".,._."..__...-M.,,~~, _ ~"._--,,__~.,.~_"~~.-~_.___________..~_-"",........~~.~.~_._...,.-
?GO~
5 72 PAGE 705
F. Non-compliance and Request for Amendments of Extension ~
Owner
In the event that the City Council determines that the Owner
is not acting in substantial compliance with the terms of this
Agreement, the City Council may issue and serve upon the Owner a
written order specifying the alleged non-compliance and requiring
Owner to remedy the same within such reasonable time as the City
Council may determine, but not less than forty-five (45) days.
If City Council determines that Owner has not complied within
such time the City Council may issue and serve upon Owner a
written order specifying the alleged non-compliance and requiring
Owner to remedy the same within thirty (30) days. within twenty
(20) days of the receipt of such order, the Owner may file with
the City Council either a notice advising the City Council that
it is in compliance or a written petition requesting a hearing to
determine any on or both of the following matters:
1. Whether the alleged non-compliance exists or did
exist, or
2. Whether a variance, extension of time or amendment
to this agreement should be granted with respect to any such non
-compliance which is determined to exist.
Upon the receipt of such petition, the City Councilor other
appropriate body shall promptly schedule a hearing to consider
the matters set forth in the order and in the petition. The
hearing shall be convened and conducted pursuant to the
procedures normally established by the City Council for other
hearings. If the City Council determines by a preponderance of
the evidence that a non-compliance exists which has not been
remedied, it may issue such orders as may be appropriate;
provided, however, no order terminating any approval granted
herein shall be issued without a finding of the City Council that
substantial evidence warrants such action and affording Owner a
reasonable time to remedy such non-compliance. A final
determination of non-compliance which has not been remedied or
for which no variance has been granted may, at the option of the
City Council, and upon written notice to Owner, terminate any of
the approvals contained herein which are reasonably related to
the requirement(s) with which Owner has failed to comply.
Alteratively, the City Councilor other appropriate body may
grant such variances, extensions of time or amendments to this
Agreement as it may deem appropriate under the circumstances.
In addition to the foregoing, the Owner of its successors or
assigns may, on its own initiative, petition the City Council for
a variance or an amendment to this Agreement. The City Council
may grant such variances or amendments to this Agreement pursuant
to the Municipal Code of the City of Aspen as it may deem
appropriate under the circumstances.
-~";"_.".'-~'~"""-~-'
..........
ROOK 572 PAGE 706
G. Park Dedication Fee.
In accordance with the provisions of the Municipal Code, the
City Council has elected to receive from Owner as payments (in
1 i eu 0 f 1 and ded i cations) in sa tis faction of Owner's park
dedication fee requirements arising from this Project. The City
and Owner have calculated the total park dedication fee for the
Project to be $10,920.00. Owner shall pay the fee, in the form
of certified funds, prior to issuance of a building permit for
the units.
H. Vested Rights.
Owner has not applied for vested development rights pursuant
to Section 6-207 of the Aspen Municipal Code.
I. Allowable F.A.R.
The two two-bedroom units each consist of 2411 square feet;
The two three-bedroom units each consist of 3147 square feet.
The countable garage space in the three bedroom units consists of
a total of 176 square feet. The total square footage for the
development is 11,292 square feet. Allowable F.A.R. for the
subdivision under R-MF zoning is 12,014 square feet.
J. Improvement Districts.
In the event of any municipal improvement or improvements of
the kind contemplated in Section 20-16 of the Municipal Code of
th!" City of Aspen, as amended, become, in the sole judgment or
d.iscretion of the City Counci 1 of the City of Aspen, necessary or
deSirable to the area of the sUbject property, Covenantors will
make no objection to any special assessment or special tax or
proceeding therefor on the basis that the property is adequately
served by existing improvements and/or on the basis that the
premises will not be served or benefited by the improvement or
improvements proposed. Covenantors further agree to join, upon
the City's demand therefor, any improvement district formed for
construction of such improvements (including, without limitation,
drainage, underground utilities, paving, curbs, gutters,
sidewalks, street lights, etc.) in the area of the property or to
reimburse the City of Aspen directly upon demand therefor if the
City should choose to construct these improvements without the
formation of such a district.
."..._~-'~'---~-~~"---'-
800H 572 P,.%E 707
K. General Provisions.
1. Notice. Notices to be given to the parties to this
Agreement shall be deemed given if personally delivered of if
deposited in the united States Mail to the parties by registered
of certified mail at the addresses indicated below, or at such
other addresses as may be substituted upon written notice by the
parties or their successors or assigns:
City of Aspen:
City Manager
130 South Galena Street
Aspen, Colorado 81611
Owner:
STP Associates
c/o Richard Stanzione
200 Main Street
Toms River, NJ 08753
Copy to:
Richard Knezevich
533 East Hopkins
Aspen, CO 81611
2. Binding Clause. The provisions hereof shall run
with and constitute a burden upon the title to the subject
property, rand shall be binding upon and shall inure to the
benefit of Owner and the City and their respective heirs,
personal representatives, successors and assigns.
3. Ap~licable Law. This Agreement shall be sUbject to
and construed In accordance with the laws of the State of
Colorado and in the Municipal Code of the City of Aspen.
BOOK 572 PAGE 7d8
4. Severability. If any of the provisions of this
Agreement of any paragraph, sentence, clause, phrase, word of
section, or the application thereof in any circumstances is
invalidated, such invalidity shall not affect the validity of any
such provision, paragraph, sentence, clause, phrase, word or
section under any other circumstances shall not be affected
thereby.
5. Entire Agreement: Amendment. This Agreement
contains the entire understanding and agreement between the
parties herein with respect to the transactions contemplated
hereunder, and may be altered of amended from time to time only
by written instrument executed by each of the parties hereto.
6. Acceptance of Plat; Ratification by Owner. The
City Council has approved the Final Plat for the Subdivision at
925 E. Durant Avenue, and accepted the same for recordation in
the office of the Clerk and Recorder for Pitkin County, Colorado,
upon payment of the recordation fee and costs to the City by
Owner and contingent upon execution of this Agreement. For its
part, Owner hereby ratifies and confirms each and every
representation and public dedication made and set forth by Owner
on said Plat.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals the day and year first above written.
< , ,', ~ .L""",, .
ATT~"i!,ill""I;~-
':I"'., "'_
.,\'...tr( '. 1 __ '''i~.
,'. .'\ ...,., ",-
. ..t''''~
CITY OF ASPEN, a municipal
oo,po,.tion ~
BY~ ~ '
Wi1~~ing, M or
OWNER:
~
STP
ates
0s
p
By Richard D. SY--'6I'lC
Managing Gener~-
Partner of STP Associates,
a New Jersey Partnership
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
_..fi-i-L. day of _.J~""'^~,,-__, 1988, by' rd D. Stanzione,
Managing partner of STP Associat~-r' ' " Jersey general
partnership, , genera 1 pa~tner of STPi"~..,., ."~~Ci~<e~.,., Owner and on
behalf of sald partnershlp.f.'./,...... .,,'\':1'
,.. "'''"\ c- [<'-1' t
WITNESS my hand and offi ~~i {;iJ~I,~<~f
My commission expires' " . .:;>" ,?, '/" .y,-/ ..
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cr:IY OF ASPEN
RESIIlENl'IAL GlUm! MANl\GEMENI' PIAN SUlHISSIW
rolNl'S AUDCATIW - TALUl SHEEr
Project: 925 E. Drrant Avenue (Scored 1/26/88)
P&Z vrtI'lN:; MEMBERS Welton Jasmine ~ Ranr:lna David Marl Jim - Averaqe
1. Public Facilities
and services (12 pts)
a. Water service ~ 1 ~ --L- ~...l....-~
b. Sewer Service ~ 1 ~ --L- ~...l....-~
c. stonn Drainage --L- 2 --L- --L- --L- ~ --L-
d. Fire Protection ~ 1 ~ --L- ~...l....-~
e. Parking Design --L- 1 --L- --L- --L- ~ --L-
f. Road ~ 1 ~ --L- 1.75 ...l....- ~
SUBIUI2\L .Jl.2... 7 .Jl.2... ...1L 8 . 75 ...lL..- .Jl.2... 8.75
2. Quality of Design (15 pts)
a. Neighbo:rhood 2- 0 ...b2.. ...b2.. ...b2.. 2 . 5 ...b2..
Compatibility
b. site Design ...b2.. 1 ...b2.. 2- ...b2.. --L- 2.25
c. EneJ:gy 2.5 2 --L- ...b2.. 2- ....b2 ...b2..
d. Trails ...b2.. 3 --L- --L- ...b2.. ~ --L-
e. Green Space 2- 0.5 --L- --L- --L- 2.5--L-
SUBIUI2\L 13.5 6.5 1L- ...1L 12.5 11.5 11.25 - 11.18
3. Proximity to SUpport
Services (6 pts)
a. Public 2- 3 2-2- 2- -L 2--
Transportation
b. Community Comml ...b2.. 2 ...b2.. 2- 2- -L 2--
Facilities
SUBIUI2\L ..2...2... 5 ..2...2... ~ ~~~ 5.57
4. Employee Housing (20 pts)
a. IDw Income 10.4 8.4 10.4 ~ 10.4 10.4 10.4 _
b. Moderate Income -- ---
c. Middle Income -- --- -
SUBIUI2\L 10.4 8.4 10.4 ~ 10.4 10.4 10.4 _ 10.06
SlJBlUI:M, CATEXDRIES 1-4 37.9 26.9 35.4 ~ 37.65 34.9 36.15 _ 35.56
5. Bonus Points (5.3 pts) ~ 0 --L- -L- -L ----L ~ - 1.43
'IurnL rolNl'S 1-5 41.9 26.9 37.4 ~ 39.65 35.9 37.15_ 37.0
AP~CATIONFOR APPRQVAL OF FI~ PLAT
PURSUANT TO THE ASPEN MUNICIPAL CODE
--'PHIS=' APl'LICATTON, . sunmitted on behalf' 'Of STP .ASSOCIATES", a
gerre-ra 1 'pa r-tnership, r-equests _approva 1 of -the Final- Plat for
sUbdivision lo-cated at 925 E. Durant Aspen, Colorado:
I. FINAL PLAT CONTENTS.
The following information has been provided in the final
plat;
A. A plat drawn at a scale ~f one inch
hundred feet (100') or larger, on a sheet size
thirty-six inches (24"x36").
(1") equals one
twenty-four by
B. Proposed name of the Subdivision is currently 925 E.
Durant TOI.mhomes, however, the Applicant may select a different
name in the future, prior to recordation of the condominium
documents.
C. The name, address and telephone number of the proposed
owner anc' ,;ubdivider, designers of the subdivision and the
licensed surveyor have been provided.
D. D~te of preparation, scale. and north arrow have been
provided on the Plat.
~
E. I,Clcation and dimensions of all existing streets,
easements, utilities, and other significant features within or
adjacent to the tract have been provided.
.
F. Location and dimensions of the proposed easement for the
utility transformer pad, dedicated for public use, have been
provided.
G. TL e 1 oca tion of a 11 proposed dwe 11 ing structures,
parking areas, structures and areas for common use, including
principal landscape features, has been provided. (Section 20-
12 [N]) .
H. NtH,C'S of any adjoining subdivisions have been provided.
I. A written survey description of the
total acrpc~e to the nearest one thousandth
has been pruvided.
area including the
(0.001) of an acre
.J. Tice, plat has been certified by a registered land
Sllr'leyorc', : j ifying that the survey was performed in accordance
"it" Colo]',,,',, Revised Statutes. (Section 20-15 [i]).
K. [, ";Py of a ti Ue pol icy showing the title vested in STP
J\SC>UCj3tc'c> "been provided to the city.
]" ,']at contains appropriate cerh ficates of approval.
- ,
M A certlf......a:te-~lTowin; appn)vill_ 01 :::>e ~inal,-Plat ~nd
- t. e of dedi~tion of the easement by tne C1ty Council- is
accep arrc - .
provided with a ~ignatu~e Qlock for t~e_Mayor and atte~tat1o~ by
the Cil'L Clerk. _
-
r;r. A certHf<<.ate -cf fi,Jing_ for the Pitkin _ G9~nty C-ler-k- an~_---'-
recorder is provjae~.
o.
following
Complete -engineering plans and specificatiol).s for the
improvements have been provided.
1. Sicewalk through the south right-of-way of Durant
Avenue, as shown on the landscape plan.
2. The bike rack adjacent to Durant Avenue to be
p~ovided in the City right-of-way adjacent to Durant Avenue is
shown on the landscape plan.
3. The relocated utility transformer is shown on the
easement on the Southeast side of the property, as shown on the
pia t.
P. A landscape plan is provided showing the location, size
and type of proposed landscape features.
Q. A proposed Subdivision Agreement has been provided to
the City Attorney for his review.
SUBDIVISION IMPROVEMENTS AGREEMENT
925 E. DURANT TOWNHOMES SUBDIVISION
THIS AGREEMENT, made and entered into this day of
, 1988, by and between the C I T Y 0 F ASP EN, a
municipal corporation and horne-rule city ("city"), and STP
Associates, a New Jersey limited partnership ("owner").
WITNESSETH:
WHEREAS, Owner has submitted to the City for approval,
execution and recordation a Final Subdivision plat ("plat")
pertaining to the development of a residential project at 925 E.
Durant Avenue ("project"), situate within the City of Aspen,
Colorado, legally described on the subdivision plat; and
WHEREAS,
received the
approvals from
all development elements of the Project have
requisite conceptual, preliminary and final
the City; and
WHEREAS, the C:; j 'I has fully considered the Plat, the
proposed develcmment: all' improvement of the land therein and the
anticipated benefj t:. and burdens to other adjoining of
neighboring properti",: nJd the downtown area in gerieral by reason
of the proposc'C: d"'ve]',,',"'nt and improvement of thE" land included
in the Plat; anj
,.,-....
WHEREAS, the Cl~ :LS w~llin'3 to ~prove, execute,-and acce]:>.t
for recordation the Plat upon agreement of Owner to the matters'
hereinafeer d~scribed, subject_tQ all the re~ui~emgnt~ terms and-
conditions of the City ofA~pen Subdivision Regulatinns ~nd ~th€r
laws, ruLes and regulat:lons as-a~e - applicable- to tbe- Project ;
and - ,- ---
-
WHEREAS, the City and Owner mutually acknowledge and agree
that the matters, hereinafter set forth are reasonable conditions
and requirements to be imposed by the City in connection with its
approval execution, and acceptance for recordation of the Plat;
and that such matters are necessary to protect, promote, and
enhance the public health, safety and welfare; and
WHEREAS, under the authority of Sec.20-16 (c) and Sec.24-8.1
et seq. of the Aspen Municipal Code, the City is entitled to
assurances that the matters hereinafter agreed to will be
performed by Owner and Owner's successors and assigns: and
WHEREAS, Owner is willing to enter into such agreements
with, and to provide such assurances to the City.
NOW, THEREFORE, in consideration of the premises, the mutual
covenants herein contained, and the approval, execution and
acceptance of the Plat for recordation by the City, it is agreed
as follows:
A. Project Construction Schedule.
.
Owner and City mutually acknowledge that
schedules cannot be submitted at this time.
that the Project will be constructed generally
the following time frames, which shall not
representations or schedules:
exact construction
Owner anticipates
in accordance with
constitute binding
Substantial
1. Uni ts 1 - 4
Commencement
Date
(on or after)
7/1/88
Completion
Date
(on or before)
4/31/89
2. Public Improvements described
in Paragraph B, below
7/31/89
All construction shall be performed
workmanlike manner and in accordance with
standards, rules and regulations.
in a good and
applicable City
B. Site Improvements.
Owner hereby agrees to accomplish the following improvements
in the Project area:
1. Side.tJalk.
property along the
landscape plan.
A sidewalk will be provided adjacent to the
south side of Durant Avenue, as sho>m on' the
2. !'elocate Utility Transformer. The existin'J utility
transformer will be relocated to the southeast ;>ortion of the
.
,<".....
..
"
....~..
- project site.
public.
3. Landscaping Improver,)ents._ _In ac-cor<:iance wi th Sec-~ 24-
8.16 of the Aspen Municipal Code, - all-required _landscaping for
the Pro j ect shall substa.ntially conform to the 'Landsca-pe Plan.
The landscape Plan shows plant material, proposed treatment of
ground surfaces and other landscape features. Such landscaping
shall be completed in a logical sequence commensurate with the
construction schedule and planting seasons, but not later than
July 1, 1989.
A utility e,asemetl shall- be d",-dicated .to the
It is understood that labor disputes, fire, unusual delay in
transportation, unavoidable casualties, causes beyond Owner's
control or any other cause which the City may determine justifies
the delay shall extend the time period for completion of the Site
Improvement identified in this Section B.
.-;..
c. Employee Housing.
1. The low-income , "cash-in' lieu" payment for the
four units shall be made to the City at the time that building
permits are issued for such units. The total payment for the
sUbdivision shall be $226,000.00. Payment of the $226,000.00
employee housing fee sha 11 be computed as follows: Each two
lJedroom unit $45,200.00; Each three bedroom unit $67,800.00.
D. Financial Assurances.
Owner agrees to secure the performance of the construction
and installation of the Site and Landscaping Improvements
described in paragraph B above, and to guarantee one hundred
percent (100%) of the current estimated cost of such Site
Improvement, which estimated cost is approved by the CIty
Engineer to be $27,500.00. Owner shall guarantee by a letter of
credit from a financially responsible lender that funds in the
amount of such estimated costs are available for the account of
Owner for the construction and installation of the above-
described Site Improvements. Such letter of credit shall be
delivered to the City prior to the issuance to Owner of a
Building Permit for the Project, and shall give the City the
right, upon clear and unequivocal default by Owner, to \vithdraw
funds as necessary and upon demand to partially or fully complete
and/or pay for any of such Site Improvements,and/or pay
undisputed, outstanding bills for work done thereon by any party,
with any excess letter of credit amount to be applied first to
additional administrative or legal costs associated with any such
defaul t before the unused remainder (if any) of such letter of
credit is released to Owner. Provided, however, that Owner shall
be given fourteen (14) days written notice of default prior to
City's ability to make a call u~der the letter of credit. As
portions of the required Site Improvements are completed, the
Ci ty Engineer shall inspect them, and upon approval and wri ttell
acceptance, he shall authorize the release from the letter of
credit delivered by Owner of the agreed estimated cost for that
portion of the Site Improvements, other than landscaping except
that ten percent (10%) of the estimated cost shall be withheld
until a.ll proposed Site Improvements are completed and approvef
by the City Engineer. ,provided, that the wi thh<:ld ten ~l~%B
WhlCh relates to the Slte Improvements descrlbed ln parag~~",
--
"
_/-
above shall be released by city upon completion and approval by
the City Engineer of all such paragraph B -Si te, Im-pFOvelllent,s Bttrer-
than landscaping. The portion of the financial guarantee
relating to landscaping_shall be r-etain~a =in it.s_ entirety -until-
all landscaping improvements are completed -and -_:tn place -for .one
full growin-g season and approved by the city enginee-ri~ng
department. subsequ~nt to approval of the landscaping by the
engineering department the letter of credit shall be discharged.
The owner also agrees to deliver to the city, upon demand
therefor by the City Engineer, a maintenance bond or other
suitable guaranty for the repair or replacement of any existing
municipal improvement damaged during construction of new Site
Im!?rovements.
Furthermore, Owner hereby agrees to and does hereby warranty
all Site Improvements described in paragraph B to accepted
standards of good workmanship for a period of one (1) year form
and after acceptance thereof in writing by the City. In addition
to this warranty, Owner shall obtain from its contractors
customary warranties of good workmanship with the City as
beneficiary, with respect to all Site Improvements required by
paragraph B.
E. Use and Maintenance of Open Space and Other Common
Facilities.
Owner shall occupy the project open space for such uses as
may from time to time be deemed appropriate by Owner, provided
compliance with the' Aspen' Municipal Code. Pursuant to the
provisions of code Sec.24-8.19 (as applicable), Owner agrees that
it shall be the perpetual responsibility of the owner or Owners
from time to time of the Project property to maintain, in a clean
and attractive condition and in a good state of repair, all open
space located within said property. Responsibility of the
Homeowner's Association in this respect may be contractually
delegated to a private property management company or to an
employee of the Homeowners' Association.
The following shall apply to the Homeowner's Association:
.#1. Formation. The Homeovmers' Association 'shall be
formed and established prior to the closing of a sale of any unit
within the project.
2. Documentation. Documents for the Homeowners'
Association shall include declaration, articles of incorporation
and bylaws.
3. Membersh~ Membership in the Homeo\-lTIers'
Association shall be mandatory for each unit owner and shall be
automatic upon the recordation of any instrument ~ransferring a
legal ownership interest (excluding standard secur1ty 1nterests)
in or to any unit.
4. Board of Directors. The board of directors of
Homeowners,' Association shall consist of at least three
, t tives of o\-Jl1Prs f
members wh9 shall be owners, or represen 3. _ -., o~
subject property.
the
(3 )
the
.\t..\'
P"'.,
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F. Non-compliance and Request for Amendments of Extension ~
Owner
In the event tha.t the. Ci ty Council determin~~ that - the a,me!:,--
is n&t_ acting in substantial eompliance with '::-the _ferms-_ of _ this
Agreement, the City~ouncil may issue and serve upon the Own~r a
written order specifying the alleged non-compliance and requiring
Owner to remedy the same within such reasonable time as the City
Council may determine, but not less than forty-five (45) days.
If City Council determines that Owner has not complied within
such time the City Council may issue and serve upon Owner a
written order specifying the alleged non-compliance and requiring
Owner to remedy the same within thirty (30) days. Within twenty
(20) days of the receipt of such order, the Owner may file with
the City Council either a notice advising the City Council that
it is in compliance or a written petition requesting a hearing to
determine any on or both of the following matters:
1. Whether the alleged non-compliance exists or did
exist, or
2. ~lhether a variance, extension of time or amendment
to this agreement should be granted with respect to any such non
-compliance which is determined to exist.
Upon the receipt of such petition, the City Councilor other
appropriate hody shall promptly schedule a hearing to consider
the matters set forth in the order and in the petition. The
hearing shall be convened and conducted pursuant to the
procedures normally established by the City Counci 1 for other
hearings. If the City Council determines by a preponderance of
the evidence that a non-compliance exists which has not been
remedied, it may issue such orders as may be appropriate;
provided, however, no order terminating any approval granted
herein shall be issued without a finding of the City Council that
substantial evidence warrants such action and affording Owner a
reasonable time to remedy such non-compliance. A final
determination of non-compliance which has not been remedied or
for which no variance has been granted may, at the option of the
City Council, and upon written notice to Owner, terminate any of
the approvals contained herein which are reasonably related to
the requirement(s) with which Owner has failed to comply.
Alteratively, the City Councilor other appropriate body may
grant such variances, extensions of time or amendments to this
Agreement as it may deem appropriate under the circumstances.
In addition to the foregoing, the Owner of its successors or
assigns may, on its own initiative, petition the City Council for
a variance or an amendment to this Agreement. The City Council
may grant such variances or amendments to this Agreement pursuant
to the Municipal Code of the City of Aspen as it may deem
appropriate under the circumstances.
G. Park Dedication Fee.
In accordance with the provisions of the Municipal Code, the
City Council has elected to receive -from Owner as paYf.l('nts (in
I ieu of land dedications) in satisfaction of O,,,ner' spark
""4,'\""
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"
dedi~ation fee requirements arising from this Project. -The City
and- Ow'ner have calculat~d the total park ,ded,ication 5ee - fur the
prO'ject, to_be $10,920.06._ Owner ~shall pay the fi'e-, -in th~ form-
o-f- certTried- funds, prior to issuance-of a bui lding penrri t for
the -units.
H. vested Rights.
Owner hRS n()t applied for v2~;ted developrnerlt rights ~ursuant
to Section 6-207 of the Aspen Municipal Code.
I. Allowable F.A.R.
The two twc-bedroom units eoch consist of 241J. S(lll2~-P feet;
The t\\"o three-bedroom units each consist of 3147 Sq'jc~l(~.~ feet.
The countable garage space in the three bedroom units consists of
a total of 176 square feet. The total square footage> for the
development is 11,292 square feet. Allowable F.A.P, for the
subdivision under R-MF zoning is 12,014 square feet.
J. Improvement Districts.
In the event of any municipal improvefficnt or
improvements of the kind contemplated in Section 20-16 of
the Municip21 Code of the City of Aspen, as amended, become,
in the sole judgment or discretion of the City Council of
the City of Aspen, necessary or desirable to the area of the
SUbject property, Covenantors will make no objection to any
special assessment or special tax or proceeding thecefor on
the basis that the property is adequately served by existing
improvements and/or on the basis that the premises will not
be served or benefited by the improvement or improvements
proposed. Covenantors fu:'ther agree to joL'l, '-'pon the
City's demand therefor, any improvement district formed for
construction of such improvements (including, ',,?ithout
limitation, drainage, underground utilities, paving, curbs,
gutters, side~lalks, street lights, etc.) in the area of the
property or to reimburse tlw City of Aspen directly upon
demand therefor if the City ~hou1d choose to construct these
in;prover.lents without the forr',ation of such a district,
K. General Provisions.
1. Notice. Notices to ~e given to the parties
Agreement: shaJJ--be dee;r.ec1 given if personally deliver,
deposi tc'c; in thc' United Sta tes ~lu i] to the parti, c's by r(
of certified illi:j.1 at the addrp!3~';(:S indicated ~)(-?lo\"", 01
otller adclresses ~iS may bf' substituted upon wrilt(~n rJo1~j(-
parties or tl-lejJ- successc~-s or a~:.:-;j(Jns:
/0 this
'(: of if
" istered
,t such
by the
City of Aspen:
<:i tyManager _
130 South GalRna Street
AspeUJ Colorado 81611
OWI'leJ;:
STP _Associates
ctoRich<u;-,O Sta n.z:-ione
'200 Hain -Strec,t
Toms River, NJ 08753
Copy to:
Richard Knezevich
533 East Hopkins
Aspen, CO 81611
2. Binding Clause. The provisions hereof shall run
with and constitute a burden upon tl", title to the subject
property, ; and sha 11 be binc i ng upon dnd sha 11 inure to the
benefit of Owner and the City and their respective heirs.
personal representatives, successors and assigns.
3. Applicable Law. This Agreement shall be subject to
and construed in accordance with tie laws of the State of
Colorado and in the Municipal Code of the City of Aspen.
4. Severabi 1 i ty. I f any of the provisions of this
Agreement of any paragraph, sentence, clause, phrase. word of
section, or the application thereof in any circumstances is
invalidated, such invalidity shall not affect the validity of any
such provision, paragraph, sentence, clause, phrase, word or
section under any other circumstances shall not be affected
thereby.
5. Entire Agreement: Amendment. This Agreement
contains the entire understanding and agreement between the
parties herein with respect to the transactions contemplated
hereunder, and may be altered of amended from time to time only
by written instrument executed by each of the parties hereto.
6. Acceptance of Plat; Ratification by Owner. The
City Council has approved the Final Plat for the Subdivision at
925 E. Durant Avenue, and accepted the same for recordation in
the office of the Clerk and Recorder for pitkin County, Colorado,
upon payment of the rec6rdation fee and costs to the City by
Owner and contingent upon execution of this Agreement. For its
part, Owner hereby ratifies and confirms each and every
representation and public dedication made and set forth by Owner
on said Plat.
,..
-1
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals the day and-year first abo\re written.
ATTEST':
. -
CITY OF. JffiPEN-,-_a- munie'ipar.
corpor a tiop
=
Kathryn S-:--Koc~ity Clerk
By
wilTianl L. Stirling, Mayor
APPROVED AS '1'0 FORM:
OWNER:
STP Associates
limited partnership
Pau~ J. Taddune, City Atto~ney
By Richard D. Stanzione,
Managing General
Partner of STP Associates,
a New Jersey Partnership
STATE OF CQI,ORADO
ss.
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this
____ _ day of ____, '1988, by Richard D. Stanzione,
Managing partner of STP Associates, a New Jersey general
partnership, genercl partner of STP Associates, Owner and on
behalf of said partnership.
WITNESS my hand and official seal.
My commission expires:
Notary Public
",...
....
MEMORANDUM
To: Cindy Houben, Planning Office
From: Chuck Roth, Assistant City Engineer ~~
Datfi~,tl{~t'''1;U88 I
Re: 925 E. Durant - Final Plat
Having reviewed the final plat for 925 E. Durant, the Engineering
Department has the following comments:
1. On sheet 1, the block number of the legal description is
incorrect as indicated in the alley. It is Block 119, not 199.
2. The title certificate needs a notarization block, and both
need to be signed.
3. The mortgagee's certificate needs signing and notarizing.
4. We only have one original of sheet 2.
cc: Jay Hammond
ClNDy _
I G<Je. ss 'Tl+! s
CR/cr/memo_88.68
KAy ;)U S T 'BE t="YT
-- cttu C F--
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WAYrJfZ... '
.7<Q~. .r'
MEMORANDUM
TO:
Aspen city council
FROM:
Robert S. Anderson,Jr.,City Manager
Cindy Houben, Planning Office ~
925 East Durant - Final Plat
THRU:
RE:
DATE:
"'.iIDMt'2"'1;' 19S~
================================================================
SUMMl.RY: The Planning Office is recommending approval of the
Final Plat for 925 East Durant.
PREVIOUS PLANNING COMMISSION AND COUNCIL ACTION: The Planning
commission approved the 925 E. Durant Preliminary Plat with the
following conditions:
J 1) A detailed storm drainage plan to the satisfaction of the
city Engineer.
2) Site/landscape plan showing site improvements described in
the 925 E. Durant Townhomes GMP application, including but
not limited to vegetation to be planted, irrigation system,
pedestrian areas, bike rack, low-level sidewalk lighting,
easement for transformer or switchgear on applicant's
property, and plans for undergrounding utilities on site and
relocating utilities in the alley.
3) A statement of subdivision exception and improvements
agreement shall be submitted as part of final plat.
Included in this document shall be a development schedule
and appropriate financial guarantee for all site
improvements and off-site improvements described in the 925
E. Durant Townhomes GMP application including but not
limited to sidewalk, landscaping and bicycle rack. Also
included shall be agreement to.join any future improvement
district formed that encompasses this property.
Subsequently, on March 14,1988 the city Council allocated four
units to this project via Resolution No.8 (series of 1988).
PROBLEM DISCUSSION: In
Department, dated June 19,
concerns:
a memorandum from the Engineering
1988 Chuck Roth notes the following
1) We have received a letter from an engineer concerning storm
run-off design details. The letter is very brief and does
iI"
/e"
"
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not state that the design conforms with the parameters of
the Engineering Department memo of January 14, 1988, item 1,
and it does not appear that the design conforms with the
requirements. The Engineering Department must have a letter
from a registered engineer which states that the historic
site run-off will be maintained.
2) The plat does not indicate the date of the survey, which
must be within the past twelve months.
3) The surveyor's certificate must state that the survey was
performed in accordance with CRS 1973, Title 38, Article 51.
4) The title commitment is now over one year old. An updated
commitment must be provided to ensure that no easements or
other interests have been conveyed in the interim. The plat
must contain a title certificate.
5) The plat must contain a note referring to the previous
platting of the property, which is recorded at Book 13, Page
29. Please provide a clearer indication on the first sheet,
such as a subtitle in large (half inch or taller) letters
which indicates that the drawing shows proposed
improvements.
6) This plat is a pre-construction plat. When construction has
been completed, an amended plat must be filed which confirms
the locations of improvements as constructed. The as-built
plat must show utility meter locations.
7) Please note that comment 11.b of our memo of January 7, 1988
is sketchy and that the full requirements for site
improvements and bonding are enumerated in Section 20-16(a)
through (d). Pending the assessment of the City Attorney,
some of this section might need to be incorporated into the
subdivision exemption agreement. The subdivision exemption
agreement must also include current language concerning
improvement districts for construction of improvements in
the public right-of-way. This reviewer is still unclear
concerning the method for acquisition of any water rights
potentially owned by land use applicants. Does this
applicant and property have water rights which should be
acquired at this time?
8) The zone district must be indicated on the plat.
9) The limits of the GCE's and LCE's are not clear. Also, as
indicated on the plat, there are different driveway widths
and areas for different units. IS this as intended?
10) If there is no three dimensional subdivision of space
occurring, elevations of ceilings and floors are not needed.
2
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All elements of the two dimensional subdivision must be
dimensioned on the final plat. It appears that there may be
some three dimensional subdividing occurring because of the
configuration of the decks.
11) The Engineering Department acknowledges the 7' x 7' utility
easement at the southeast corner of the parcel and add
additionally requests 4' x 4' utility easement at the
southwest corner for a utility pedestal for telephone,
television or electric use.
STAFF COMMENTS: The Planning Office is satisfied that all
planning conditions have been adequately addressed for final
plat with the exception that the improvements agreement did not
commit to joining a future improvement district.
RECOMMENDED MOTION: The planning Office recommends that the City
Council approve the Final Plat for 925 E. Durant with the
following motion:
"Move to grant final plat approval to 925 E. Durant, subject
to the following conditions:
~
The Subdivision Improvements Agreement shall include the
commitment that the 925 E. Durant project shall join any
future improvement district if one is formed for their area.
~
2) The
J
a.
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final Plat shall include the following:
Indication that the survey was completed within the
last twelve months.
The surveyors certificate shall state that the survey
was preformed in accordance with CRS 1973, Title 38,
Article 51.
The plat shall contain a note referring to the previous
platting of the property, which is recorded in Book 13,
Page 29. The plat shall provide a clear indication on
the first sheet, that drawings show proposed
improvements.
The zone district shall be indicated on,the plat.
The GCE and LCE's shall be more clearly defined on the
plat.
A 4' x 4 'utility easement at the southwest corner of
the property shall ,be provided for a utility pedestal
for telephone; television or electric use.
The applicant shall submit a letter to the Engineering
3
,-
I ~ _,/ " 0l..-. j .^ () ~\" If.-~ ((~ GUlSsj
-4IY""-.5~. - 'P d~ ~
roLtA fi ~k M-LouJ:xel ~ ~ ~ ,
~
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Department from a registered engineer which states that
historic site runoff will be maintained.
An updated title commitment shall be provided to the
Engineering Department.
The plat shall contain a title certificate.
1])
After construction is completed a plat shall be filed
by the applicants which confirms the locations of
improvements as constructed. The as-built plat must
show utility meter locations.
CITY MANAGER'S COMMENTS:
CH.925
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t:tl~ ~
4
MEMORANDUM
To: Cindy M. Houben, Planning Office
From: Chuck Roth, Assistant City Engineer ~
Date: ...r1- ,~ U,li~'
Re: 925 E. Smuggler - Final Plat
Having reviewed the above referenced application, the Engineering
Department has the following comments:
',,-/ 1. We have received a letter from an engineer concerning storm
runoff design details. The letter is very brief and does not
state that the design conforms with the parameters of the
Engineering Department memo of January 14, 1988, item 1, and it
does not appear that the design conforms with the requirements.
The Engineering Department must have a letter from a registered
engineer which states that the historic site runoff will be
maintained.
2. The plat do~s not indicate the date of the survey, which must
be within the past twelve months.
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3. The surveyor's certificate must state that the survey was
performed in accordance with CRS 1973, Title 38, Article 51.
) 4. The title commitment is now over one year
commitment must be provided to ensure that no
interests have been conveyed in the interim.
contain a title certificate.
old. An updated
easements or other
The plat must
5. The plat must contain a note referring to the previous
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platting of the property, which is recorded at Book 13, Page 29.
Please provide a clearer indication on the first sheet, such as a
subtitle in large (half inch or taller) letters which indicates
that the drawing shows proposed improvements.
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6. This plat is a pre-construction plat. When construction has
been completed, an amended plat must be filed which confirms the
locations of improvements as constructed. The as-built plat must
show utility meter locations.
7. Please note that comment 11.b of our memo of January 7, 1988
is sketchy and that the full requirements for site improvements
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and bonding are enumerated in Section 20-16 (al through (d).
Pending the assessment of the city attorney, some of this section
might need to be incorporated into the subdivision exemption
agreement./The subdivision exemption agreement must also include
('current language concerning improvement d istr icts for construc-
tion of improvements in the public right-of-way. This reviewer
"is still unclear concerning the method for acquisition of any
water rights potentially owned by land use applicants. Does this
applicant and property have water rights which should be acquired
at this time?
---1a.
The zone district must be indicated on the plat.
~ 9. The limits of the GCE's and LCE's are not clear. Also, as
indicated on the plat, there are different driveway widths and
areas for different units. Is this as intended?
10. If there is no three dimensional subdivision of space
occurring, elevations of ceilings and floors are not needed. All
elements of the two dimensional subdivision must be dimensioned
on the final plat. It appears that there may be some three
dimensional subdividing occurring because of the configuration of
the decks,
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11. The Engineering Department acknowledges the 7'x7' utility
easement at the southeast corner of the parcel and additionally
requests a 4'x4' utility easement at the southwest corner for a
utility pedestal for telephone, television or electric use.
cc: Jay Hammond
City Attorney (item 7)
CR/er/memo_aa.53
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MEMORANDUM
FROM:
city Attorney
city Engineer
cindy M. Houben, Planning Office
TO:
DATE:
925 E. Durant - Final Plat
Parcel ID# 2737-182-61-003
IllUfI r"Il"Di"~t!~ft
RE:
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Attached for your review and comments is an application submitted
by Wayne Ethridge on behalf of his client, STP Associates,
requesting Final Plat approval for subdivision to build a four-
unit townhome on Lots F, G, H, and I, Block 119 at 925 E.
Durant, Aspen.
This item has been scheduled to appear before city council on
June 27th, if there are no issues brought up by either of you; if
there is further discussion that would produce any problems, we
will schedule this for the first meeting in July.
Thank you for your prompt attention to this matter.
...,
T.'
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ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, 00 81611
(3~ 925-2020
Date: ,/' )juV~ (9,lq[f
Ml
Dear -1))0) f1~ (:
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 ~ romplete.
Additional items required include:
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A.,
Disclosure of Ownership (one ropy only needed)
Adjacent Property Owners List/Envelopes/postage (one copy)
Additional copies of entire application
Author ization by owner for representa tive to submi t appl ica-
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 $
Your appl ication ~s compl ete and we hav1 e sch.J!,dJ!.led it for
review by the 0.('/ on \'..Ilftl;)~. We will
call you if we need any addi tional 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 ~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.
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If you have any questions, please call
the planner assigned to your case.
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Sincerely,
ASPBN/PIT?N PLANN~~CE /
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