HomeMy WebLinkAboutcoa.lu.gm.1010 Ute Ave.02A-88ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611 / > Q
(303) 925-2020 (J)C;2/,/
LAND USE APPLICATION FEES
City
00113 - 63721 - 47331 GMP/CONCEPTUAL
- 63722
- 47332
GMP/PRELIMINARY
- 63723
- 47333
GMP/FINAL
_ 63724
47341
SUB/CONCEPTUAL
- 63725
47342
SUB/PRELIMINARY
- 63726
- 47343
SUB/FINAL
- 63727
- 47350
ALL 2-STEP APPLICATIONS
63728
47360
ALL 1-STEP
CONSENT AGENDAITEMSAPPLICATIONS/
REFERRAL FEES:
00125
- 63730
- 47380
ENVIRONMENTAL HEALTH
00123
- 63730
- 47380
HOUSING
00115
- 63730
- 47380
ENGINEERING
SUB -TOTAL
County
00113
- 63711
- 47431
GMP/GENERAL
_ 63712
- 47432
GMP/DETAILED
- 63713
- 47433
GMP/FINAL
- 63714
- 47441
SUB/GENERAL
- 63715
- 47442
SUB/DETAILED
- 63716
- 47443
SUB/FINAL
_ 63717
- 47450
ALL 2-STEP APPLICATIONS
63718
47460
ALL 1-STEP
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
COMP. PLAN
- 63066
- 09000
COPY FEES
- 63069
- 09000
OTHER
Name: �` / /✓ e� l OtS
Address:
C,t,? 8/
Check #
Additional Billing:
SUB -TOTAL "
TOTAL
Phone: Project: Q f U 1J
Date '
# of Hours:
CASELOAD SUMMARY SHEET2,g31 -62-b y DY v
City of Aspen 2 T3- - -192 ()U - 0- -3
:7 � A - to - Do_`�
DATE RECEIVED: d a/�� PARCEL I AND CASE NO.
DATE COMPLETE: S5 Oc?ff - 8 S
STAFF MEMBER- �^^
PROJECT NAME:�4'.
Project Address:
APPLICANT:
Applicant Address:
REPRESENTATIVE: � 14IKY,Oh
Representative Address/
PAID: YES NO� AMOUNT:
1) TYPE OF APPLICATION:
1 STEP:
2 STEP:
2) IF 1 STEP APPLICATION GO S TO:
P&Z a`$ CC PUBLIC HEARING DATE:
3) PUBLIC HEARING IS BEFORE:
P&Z CC V N/A
DATE REFERRED: J INITIALS:
REFERRALS:
✓I City Attorney
—y City Engineer
Housing Dir.
Aspen Water
City Electric
Envir. Hlth.
Aspen Consol.
S.D.
FINAL ROUTING:
City Atty
Other:
FILE STATUS AND LOCATION:
Mtn. Bell
Parks Dept.
Holy Cross
Fire Marshall
Fire Chief
Roaring Fork
Transit
DATE ROUTED:
City Engineer
School District
Rocky Mtn Nat Gas
State Hwy Dept(GW)
State Hwy Dept(GJ)
B1dg:Zon/Inspect
Roaring Fork
Energy Center
Other
ITIAL:
Bldg. Dept.
MEMORANDUM
TO: Aspen City Council
THRU: Robert S. Anderson, City Manager p --y—
FROM: Cindy Houben, Planning Office
RE: 1010 Ute Subdivision Request for Exemption From
Expiration of GMP Allotments
DATE: February 8, 1988
----------------------------------------------------------------
----------------------------------------------------------------
SUMMARY: The Planning Office recommends approval of the exemption
request from the 33 month GMP allotment expiration provision.
APPLICANTS: 1010 Ute Subdivision.
REQUEST: The applicants are requesting that the 1010 Ute Subdi-
vision be exempt from the 33 month GMP allotment expiration
provision pursuant to Section 24-11.7(a) of the Municipal Code.
The criteria for exemption approval are as follows:
1) CRITERION: Those conditions applied to the project at the
time of its final approval which were to have been met as of
the date of application for exemption have been complied
with.
RESPONSE: The applicants have met all the required condi-
tions of the subdivision improvements agreement with the
exception of a condition which requires that the applicants
develop an air pollution control plan (fugitive dust) to be
approved by the Environmental Health Department prior to the
issuance of a building permit. The applicants have already
received a building permit for the development of the
employee unit on site and several other permits for single
family homes have been issued for the parcel. In the
future, no building permits for the site should be issued
without an approved plan by the Environmental Health
Deptartment. This condition should become a condition of
approval for this exemption request which should be satis-
fied prior to issuance of any building permits for the site.
2) CRITERION: Any public or private improvements which were
required to be installed by the applicant prior to construc-
tion of any dwelling unit have been installed.
RESPONSE: The applicants have completed the installation of
all public and private improvements which were required to
be installed to this date.
RECOMMENDATION: The Planning Office recommends that the appli-
cants be granted an exemption from the expiration provisions with
the condition that no building permits for the property shall be
issued in the future until the applicants have developed a
pollution control plan which is satisfactory to the Environmental
Health Department.
Since this condition is acceptable to the applicant, we have
placed this item on your consent agenda. Unless the item is
removed from the consent agenda, the exemption is considered to
be granted subject to the above condition.
2
MEMORANDUM
TO: Aspen City Council
THRU: Robert S. Anderson, City Manager
FROM: Cindy Houben, Planning Office . __
RE: 1010 Ute Subdivision Request for Exemption From
Expiration of GMP Allotments
DATE: February 8, 1988
SUMMARY: The Planning Office recommends approval of the exemption
request from the 33 month GMP allotment expiration provision.
APPLICANTS: 1010 Ute Subdivision.
REQUEST: The applicants are requesting that the 1010 Ute Subdi-
vision be exempt from the 33 month GMP allotment expiration
provision pursuant to Section 24-11.7(a) of the Municipal Code.
The criteria for exemption approval are as follows:
1) CRITERION: Those conditions applied to the project at the
time of its final approval which were to have been met as of
the date of application for exemption have been complied
with.
RESPONSE: The applicants have met all the required condi-
tions of the subdivision improvements agreement with the
exception of a condition which requires that the applicants
develop an air pollution control plan (fugitive dust) to be
approved by the Environmental Health Department prior to the
issuance of a building permit. The applicants have already
received a building permit for the development of the
employee unit on site and several other permits for single
family homes have been issued for the parcel. In the
future, no building permits for the site should be issued
without an approved plan by the Environmental Health
Deptartment. This condition should become a condition of
approval for this exemption request which should be satis-
fied prior to issuance of any building permits for the site.
2) CRITERION: Any public or private improvements which were
required to be installed by the applicant prior to construc-
tion of any dwelling unit have been installed.
RESPONSE: The applicants have completed the installation of
all public and private improvements which were required to
be installed to this date.
RECOMMENDATION: The Planning Office recommends that the appli-
cants be granted an exemption from the expiration provisions with
the condition that no building permits for the property shall be
issued in the future until the applicants have developed a
pollution control plan which is satisfactory to the Environmental
Health Department.
Sinte this condition is acceptable to the applicant, we have
placed this item on your consent agenda. Unless the item is
removed from the consent agenda, the exemption is considered to
be granted subject to the above condition.
2
0 •
ASPEN/PITRIN PLANNING OFFICE
130 S_ Galena Street
Aspen, 00 81611
(30�3))' �925-2020
Date: �t�. E , diNfe It
Dear
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)
Adjacent Property Owners List/Envelopes/Postage (one copy)
Additional copies of entire application
Authorization by owner for representative to submit applica-
tion
Response to list of items (attached/below) demonstrating
compliance with the applicable policies and regulations of the
/ Code, or other specific materials
✓ A check in the amount of $ \.°O
A_ Your application is complete and we have scheduled it for
review by the C.AIM �k��.?� on R"b< 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 C_
the planner assigned to your case.
Sincerely,
ASPEN/PITRIN PLANNING OFFICE
cZ 7i,C
Aspen/Pitkin Planning Office
130 sdu'tH galena street
aspen Colorado 81611
December 21, 1987
Mr Gideon Kaufman
315 East Hyman Avenue
Aspen, Colorado 81611
Dear Gideon,
I am in receipt of your letter dated December 18, requesting
exemption from the expiration provisions of the Code with respect
to the GMP allotments to the 1010 Ute Avenue project. I require
additional information before this request can be processed.
Please be advised that your statements that you have met all
conditions and installed all improvements which apply is insuff-
icient for our review. We cannot simply trust what you rep-
resent; your statements must be verifiable. Therefore, please
submit a list identifying the improvements which have been made
to the property. Additionally, please submit a copy of the PUD
agreement on which you note the status of each applicable
condition.
As soon as I have received this material, I will be happy to
place this request on a Council agenda for prompt action.
Please call if you have any questions.
S' cerely,
Al n Richman
Planning Director
0. a
GIDEON I. KAUFMAN
RICHARD S. LUHMAN
LAW OFFICES
GIDEON I. KAUFMAN
A PROFESSIONAL CORPORATION
Box 10001
315 EAST HUMAN AVENUE. SUITE 305
ASPEN. COLORADO 81611
December 18, 1987
Mr. Alan Richman
Aspen/Pitkin County Planning Office
130 South Galena Street
Aspen, Colorado 81611
DELG 2 1
Re: Exemption from Expiration of GMP Allotments
Dear Alan:
TELEPHONE
AREA CODE 303
925-8166
Please consider this letter an application on behalf of
Ten Ten Ute Subdivision to seek a permanent extension of their
GMP approval pursuant to §24-11.7 recently adopted by the Aspen
City Council. As you know, the new Code section provides that
subdivisions composed of single-family units are eligible for
an exemption from any expiration provisions. We are hereby
applying for this exemption. Please be advised that all
conditions applied to the project at the time of its final
approval which were to have been met as of the date of this
application for exemption have been complied with. All public
or private improvements, which were required to have been
installed by the applicant prior to the construction of any
dwelling units, have been installed.
As you know, construction is under way on a number of
houses, and one of the units is almost ready for occupancy. In
addition, the project has sold close to two-thirds of the lots.
We feel that the progress of the project meets the intent of
§24-11.7, and qualifies us for the permit exemption.
Therefore, I would appreciate you setting this exemption in
front of the City Council as soon as possible as
representations were made by the developer to purchasers that
this exemption would be in place in an expeditious fashion.
Thank you for your help and consideration in this matter.
Very truly yours,
LAW OFFICES OF GIDEON I. KAUFMAN, P.C.
a Profess3 nal Corporation
By
Gi9Te6n Kaufman
C,
GK/bw
CITY
130 s V�gi na street
aspe�.3oJo d_o Iy611
303 92 -,2020
December 17, 1987
Mr. Skip Behrhorst
1010 Ute Corp.
P.O. Box 9046
Aspen, Colorado 81612
Re: Ute Avenue Acceptance
Dear. Skip:
As a follow-up to our meeting of December 15, I am writing to
confirm City acceptance of the public improvements along Ute
Avenue on the 1010 Ute frontage.
Acceptance at this time is for improvements within the Ute Avenue
right of way only and is subject to an 18 month warranty against
subsidence problems pursuant to Municipal code section 19-81.
The City is, at this time, accepting:
I. Improvements to public utilities (excluding service lines).
2. Backf ill (subject to 19-81) .
3. Asphalt paving.
4. Curb and gutter.
5. Signing.
6. The 8 foot bike trail.
7. Trees and sod between the bike trail and the curb. Per our
discussion, it is my understanding that 1010 Ute will retain
responsibility for irrigation and landscape maintenance along.the
10*10 frontage north of Ute Avenue.
8. Storm drainage and the irrigation pipeline and ditch along
Ute Avenue to the west of the project. This item is conditioned
on the provision of- as -built ties to the pipeline cleanouts by
Schmueser-Gordon in the Spring.
Further, as we discussed on the 15th, you and I will need to
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Page Two
Ute Avenue Acceptance
December 17, 1987
resolve the issue of the location of the stone retaining wall
within the right-of-way. As a move toward that end, I would
request that you have your surveyor stake the locations at which
the property line actually crosses the wall for inspection in the
field. This item is not of pressing importance to me and can be
completed in the Spring if it is more convenient to the Surveyor.
I hope this correspondence represents the complete list of
appropriate public improvements. If you have questions, or if I
have missed anything, please feel free to call.
Very Truly Yours,
ay W. Hammond
Director of Public Services
JWH/co/UteAccept
cc: Chuck Roth
Bill Ness
Puppy Smith
W
00
�1JJ PAGE Eu
N
P.U.D. AND SUBDIVISION AGREEMENT
07
FOR
cv
`-
a
TEN TEN UTE SUBDIVISION
This P.U.D. and Subdivision Agreement is made and
entered into this L"' day of June, 1987, by and between the
CITY OF ASPEN, Colorado, a municipal corporation
(hereinafter referred to as "City"), and 1010 UTE
CORPORATION, a Colorado corporation (hereinafter referred to
as "Owner").
R E C I T A L S
1. The Owner has submitted to the City for approval,
execution and recordation, the final plat and development
plan of a tract of land situate within the City of Aspen,
Colorado, legally described on Exhibit "A" attached hereto
and incorporated herein by this reference, and designated as
"Ten Ten Ute Subdivision" (the "Plat"); and
2. City has fully considered the Plat and GMP
allotment, the proposed development, the improvement of the
land and the effects of the proposed development and
improvement of land included in the Plat on other adjoining
or neighboring property owners; and
3. City has imposed certain conditions and
requirements in connection with its approval, execution and
recordation of the Plat, such matters being necessary to
protect, promote and enhance the public welfare; and
4. Owner is willing to acknowledge, accept, abide by
and faithfully perform the conditions and requirements
imposed by City in approving the Plat; and
5. Under the authority of S§ 20-16(c) and 24-8.6 of
the Municipal Code of the City of Aspen, Colorado, City is
entitled to assurance that the matters hereinafter agreed to
will be faithfully performed by Owner; NOW, THEREFORE,
W I T N E S S E T H:
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES, the
mutual covenants herein contained, and the approval,
execution and acceptance of the Plat for recordation by
City, it is mutually agreed as follows:
!J
11100K 539 P%E630
I.
GENERAL DEVELOPMENT PLAN
Ten Ten Ute Avenue Subdivision as shown on the Plat
includes the following elements:
A. Lots 1 through 16 which may contain a free market
dwelling unit.
B. Employee Housinq. The use and occupancy of the
employee housing unit constructed on Lot 17-R shall be and
hereby is restricted by a covenant that runs with the land
to a qualified employee as is defined in paragraph 2 below.
b o)( S -�y The employees residing in such unit may be charged income
rental not to exceed the low-income rental P guidelines applicable at the time of rental.
C. Site Data Tabulations. The Site Data Tabulations
attached hereto and made a part hereof as Exhibit "B"
defines and describes further and more specifically the
allocation of the uses anticipated within Ten Ten Ute
Subdivision.
ZI.
EMPLOYEE HOUSING DEDICATION AND RESTRICTION
The employee housing commitment for the twenty-six (26)
employees generated by the project shall be satisfied as
follows: The construction of one (1) three -bedroom
low-income unit on Lot 17-R and cash -in -lieu payments of
low-income for twenty-three (23) employees. Owner shall
construct one (1) three -bedroom low-income employee unit on
site. The three -bedroom unit shall be restricted to
low-income or sale guidelines and should be at least 1,000
square feet. Owner reserves the right to give employees and
caretakers of the project first priority to occupy the unit.
Occupants shall be selected by Owner. The unit shall be
constructed and a Certificate of Occupany issued prior to
the issuance of a Certificate of Occupancy for the first
free-market residential unit of the project to allow for
concurrent construction of the units. The rental or sale
price guidelines for the unit h
s all be adjusted to the
low-income guidelines in effect at the time of the issuance
•Q(,o.�kk
of a Certificate of Occupancy for the unit. The
�ovSING-
cash -in -lieu payment for twenty-three (23) employee at the
low-income guidelines of $20,000.00 per employee equals
PRE QQ�i9
$28,750.00 per homesite, and shall be of
aconstruct
a LoT {
the issuance of a Building Permit for construction
residential
unit. The payment amount shall be adjusted to
T
the low-income cash -in -lieu guidelines in effect at the time
VN
tL
of the payment. Owner shall have the right to continue
``11'
conversations with the Aspen/Pitkin County Housing Authority
to
IP'7p
explore other alternatives allowed by the Aspen Municipal
Code to fulfill his employee housing commitment, including a
lump sum
payment. These covenants shall be deemed to run
('T^K 539 Pxc631
with Lot 17-R as a burden thereof for the benefit of and
shall be specifically enforceable by City by appropriate
legal action, including injunction, abatement, eviction or
rescission for the period of the life of the longest lived
member of the presently existing City Council of Aspen plus
twenty-one (21) years for a period of fifty (50) years from
the date of recordation hereof in the Pitkin County real
property records, whichever period shall be less.
III.
CONSTRUCTION AND IMPROVEMENTS
A. Construction Schedule. Owner shall construct the
project in phases. The first phase commencing in the Summer
of 1987, and the second phase commencing in the Summer of
1988. Owner anticipates that the project will proceed in
accordance with the following time frames which time frames
shall not constitute binding representations or schedules.
(1) Summer of 1987 - Overlot grading, water,
sewer, electric, gas, TV and cable TV, pond construction,
L L Common Landscape Phase I, Ute Avenue realignment, Ute Avenue
SON Bike Trail.
(2) Summer of 1988 - Common Landscape Phase II,
Private Roads Phase I, Private Roads Phase II. It being
understood that what is not completed in the Summer of 1987
will be completed in the Summer of 1988 or the Summer of
1989.
PL �PTO
�� /v5T4AD
SnDp �N)Th0D
IRn
B. Construction Techniques. All construction in Ten
Ten Ute Subdivision shall conform to and follow the
recommendations of Chen and Associates attached hereto as
Exhibit "E" regarding construction techniques and temporary
protections of natural slopes, the Wheeler Ditch and the
Roaring Fork River, specifically as it relates to the lots
on the ridge.
C. Roof Drainage. All roof drainage shall be
retained on site, and shall not be allowed to enter the
Roaring Fork River by surface run-off.
D. Landscaping Plan. In accordance with S24-8.16 of
the Aspen Municipal Code, all landscaping shall
substantially conform to the "Landscape Site Plan" as shown
on the plat. Owner shall plant six (6) street trees as
shown on the Landscape Plan in the Ute Avenue right-of-way.
Owner will irrigate and seed the ten -foot (10') wide
landscaped median. The Landscape Site Plan is intended to
be implemented in three phases. Phase I will be
accomplished in the first year of construction. Phase II
will be accomplished in the second and third year of
construction. The Final Phase will be completed over the•
next four to five years when most of the houses are
constructed. As each house is completed, the landscaping
— I —
•
0
f'Tx 539 PAGM2
required for that house will be completed. As much
landscaping as practical will be done on each site before
construction takes place. It is the intent of Owner to
create a beautiful, natural environment for the occupants of
the site to enjoy. The Landscape Site Plan shows plant
material and other landscape features, flower and shrub
beds, proposed materials, existing materials, proposed
treatment of all ground surfaces, location of outlets, and a
plant material schedule.
E. Ve etation of Disturbed Areas. Owner agrees,
pursuant to t e provisions of the Landscaping and Grading
Plan that during the course of construction any portions of
the property which are disturbed shall, as soon as
practical, be landscaped and vegetated in accordance with
the Landscape Plan.
F. Underground Utilities . All new utility systems
constructed within Ten Ten Ute Subdivision shall be
0 Pt underground.
G. Improvement District. Owner shall commit to join
all improvement districts affecting the subject property
with the exception that Owner shall not be required to join
the Lodge Improvement District as proposed by the City
Council in Resolution 87-1. In the event that any municipal
improvement or improvements of a kind contemplated in
Section 20-16 of the Municipal Code of the City of Aspen, as
amended, except for the Lodge Improvement District become,
in the sole judgment or discretion of the City Council of
the City of Aspen, necessary or desirable to the area of the
above -described property, Owner will make no unreasonable
objection to any special assessment or special tax or
proceeding therefor bn 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. Owner further
agrees to join, upon the demand therefor by City, any
special improvement district, urban renewal district formed
for construction of such improvements (including, without
limitation, signage, drainage, underground utilities, paved
streets and alleys, planting, curbs, gutters, sidewalks,
street lights, traffic circulation, trails, recreation
facilities, berms, open space lands, public transportation
facilities, parking, etc.), in the area of the
above -described property.
H. Woodburning Devices. The installation and use of
woodburning devices in Ten Ten Ute Subdivision will be in
accordance with the requirements of Ordinance 86-5,
incorporated herein by this reference and as in effect on
the date of this agreement.
I. Fire Hydrant. Owner shall relocate to the
bsatisfaction of the Fire Marshall and Water Department
c�Nit
539 (%E633
existing fire hydrant No. 742 prior to the issuance of a
Certificate of Occupancy for the first house. If
replacement of this hydrant is deemed necessary, City Owner agree to negotiate allocation of cost in good ity and
J. Workinq Drawings. Owner shall submit working
drawings of a water system to approval prior to construction. the Water Department for
Air Pollution. Owner shall develop
Pollution control plan an air to mitigate construction impacts
which shall be approved by the Environmental Health
Department for Q__ e issuance of a Buildin Permit,
e
L. Noise. Owner shall comply with all requirements
of the noise abatement Ordinance 81-12 incorporated herein
by this reference.
M. Mine Tailings. Owner agrees that in the event
mine tailings are uncovered during excavation, Owner shall
have the soil tested for toxicity and the tests shall be
reviewed by the Environmental Health Department prior to the
removal of any soil from the site.
N. Incorporation of Representations and Written
Submittals Owner hereby ratifies and confirms each and
every representation made and set forth by Owner in its
application dated December 1, 1986, and all written
submittals and representations made in connection therewith
to the Planning and Zoning Commission and City Council,
which application and representation shall be deemed to be
made a part of this agreement and to be incorporated herein
by this reference.
0. Building Restrictions. Owner agrees and hereby
covenants that the building height on Lots 13, 14 and 15
shall be restricted to twelve feet (12') above the east
ridge. No roof shall exceed twelve feet (121) above the
center line of the existing ridge starting at the south
property line of Lot 15 and extending northerly through Lot
15, Lot 14 and a portion of Lot 13 determined by an overall
distance of one hundred eight feet (1801) from the south
line of Lot 15. The height limit will not exceed twelve
feet above the ridge center line starting at elevation
8020.5 at the south line of Lot 15 to elevation 7990 on Lot
13. The building on Lot 17-R shall be restricted to one
�Wstory.
IV.
NON-COMPLIANCE AND REQUEST FOR AMENDMENTS
OR EXTENSIONS BY 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 shall notify the Owner
- 5 -
eo� 539 P4GF634
in writing specifying the alleged non-compliance and asking
that the Owner remedy the alleged non-compliance 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 the Owner a written order
specifying the alleged non-compliance and requiring the
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 one or both of the
following matters:
(a) Whether the alleged non-compliance exists or did
exist, or
(b) 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 Council
shall promptly schedule a hearing to consider the matters
set forth in the cease and desist 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 the 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 the Owner, terminate any of the approvals
contained herein which are reasonably related to the
requirements) with which Owner has failed to comply.
Alternatively, the City Council 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 or its
successors or assigns may, on its own initiative, petition
the City Council for a variance, an amendment to this
Agreement or an extension of one or more of the time periods
required for performance under the Constructions Schedules or
otherwise. The City Council may grant such variances,
amendments to this Agreement, or extensions of time as it may
deem appropriate under the circumstances. The parties
expressly acknowledge and agree that the City Council shall
not unreasonably refuse to extend the time periods for
performance indicated in §VII, paragraph A of the
Construction Schedules if Owner demonstrates by a
preponderance of the evidence that the reasons for the
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NorK 539 PaGE 635
delay(s) which necessitate said extension(s) are beyond the
control of the Owner, despite good faith efforts on its part
to perform in a timely manner.
V.
EASEMENTS AND RIGHTS OF WAY
The Plat sets forth certain easements and rights -of -
way, and anticipated relocations that will be necessary to
cause the improvements anticipated thereon, which easements
and rights -of -way include the following:
A. Private Access and Utility Easements. Owner
dedicates and grants to City for the benefit of public
utilities, and City hereby accepts the access and utility
easements shown and dedicated on the Plat.
B. Public Trail Easement. Owner hereby dedicates and
grants to City for the benefit of the public, and City
hereby accepts the Public Trail Easement described on the
Plat. Provided, however, that the use of this easement by
the public is conditioned upon the construction of a trail
between the east property boundary and the Roaring Fork
River linking this trail to the Aspen Club Trail, or the
construction of the Gordon Bridge with an associated public
right-of-way to State Highway 82. City agrees that it will
save and hold Owner harmless from all claims, causes of
action, suits, damages or demands whatsoever in law and in
equity which may arise out of or as a consequence of City's
negligence in maintaining, repairing and utilizing the
easement premises, as well as public occupancy. and use of
the trail.
C. Ute Avenue Dedication. Owner hereby dedicates and
grants to City, and City accepts an additional ten foot
(10') easement to the existing Ute Avenue right-of-way from
the edge of The Gant Condominiums to the entrance of the
project as more clearly shown on the Final Plat. Owner
hereby dedicates a ten -foot (10') street widening easement
along Lot 1, Hoag Subdivision. Owner hereby reserves the
right to construct the improvements which widen Ute Avenue.
Owner further reserves the right to maintain the landscaping
in the Ute Avenue right-of-way.
VI.
OTHER DEDICATIONS
A. Exemption. The employee housing unit located on
Lot 17-R constitutes a bona fide low-income housing
development and Owner and City hereby agree to the exemption
of the same from the application of the park requirements of
Section 20-18 of the Aspen Municipal Code.
B. Park Dedication Fee. A park dedication fee in the
amount of $71,000.32 is owed by Owner. The calculations of
0
0
Fn 539 PAGc,636
this payment is more fully set forth on Exhibit "C" attached
hereto and made a part hereof by this reference. Owner is
dedicating land to City. A letter appraisal has been
submitted to City which shows a valuation for the park in
excess of the park dedication fee owed by Owner. Therefore,
no park dedication fee is owed by Owner.
C. Granting of Land. Owner hereby dedicates to City
�L Pam," and City accepts a � parcel of land of approximately 1.6 acres
as shown as Out Parcel A on the Final Plat. Owner shall
`lu �� improve the land as represented in the GMP Application.
J Owner shall install an irrigation system in the park and
construct a gravel parking lot for ten (10) cars for the
park thirty feet (30') from the property line of Hoag Lot 2
with a birm of eight feet (8'), and shall plant two
evergreen trees. Cityshall own and maintain the irrigation
system and City shall be responsible for the maintenance and
iF2,uVzj K0-"c upkeep of the land as a park. The following restrictive
covenants shall be placed on the land and shallrun swith the
land: (a) overnight parking in the proposed public park
shall be prohibited, and (b) the land shall be maintained as
a passive park and provide for Nordic/Alpine skiing and
hiking access to Aspen Mountain. Owner, or his successors
and assigns, shall have the right to prosecute any action to
enforce these covenants by injunctive relief. The
prevailing party in any enforcement action shall be entitled
to an award of costs and attorneys' fees. City agrees that
it will save and hold Owner, its successors and assigns,
harmless from all claims, causes of action, suits, damages
or demands whatsoever in law or in equity which may arise
out of or as a consequence of City's negligence in
maintaining, repairing and utilizing the land.
VII.
OPEN SPACE AREA MANAGEMENT, MAINTENANCE AND USE
Owner agrees that easements for the Ponds, Landscaping
and Maintenance Easement areas as depicted on the Final Plat
shall be granted to the Homeowners' Association to insure
consistent maintenance. The Ponds, Landscaping and
Maintenance Easement Areas may be improved and used as set
forth in the Protective Covenants for the subdivision.
Responsiblity to the Homeowners' Association in this respect
may be contractually delegated to a private property
management company to a salaried employee of the Homeowners'
Association. The following shall also apply to the
Homeowners' Association hereinabove referred to:
A. Formation. The Homeowners' Association shall be
Q®N� --9 fully formed and established prior to the closing of a sale
of any lots within Ten Ten Ute Subdivision.
B. Documentation. Operative documents for the
�
Homeowners' Association shall include articles of p�� incorporation, bylaws, and rules and regulations. The
- 8 -
•
0
i ory 5139 P.GE631
Homeowners' Association shall have the duty to enforce such
protective covenants as will be recorded by Owner for
the
purpose of preserving the architectural and aesthetic
compatibility of the entire development and its component
features.
C. Membership Mandatory. Membership in the
Homeowners' Association shall be mandatory for each owner of
the fee simple Lots 1 through 16 and shall be automatic upon
the recordation of any instrument transferring a legal
ownership interest (excluding standard security interests)
in or to any of such lots.
D. Insurance, Taxes Maintenance. The Homeowners'
Association shall be responsible for a blanket liability and
hazard insurance policy with respect to the open space
easement areas, as well as taxes and maintenance of Lot 17-R.
E. Assessments and Liens. The Homeowners' Association
shall have the power to levy assessments which will become a
lien on individual fee simple Lots 1 through 16 for the
purpose of paying the cost of operating and maintaining open
space easement areas and Lot 17-R, as well as any other
right to assess and lien granted in the Protective Covenants.
F. Board of Managers. The board of managers of the
Homeowners' Association shall
consist of at least three (3)
members who shall be owners of the fee simple Lots 1 through
16
within the development.
G. Section 24-8.19(b) Requirements. Owner shall
R�record
��
covenants reflecting the above -described
responsibilities, purposes and powers of the Homeowners'
Association.
In the event the Homeowners' Association (or
any successor
S �
organization) shall fail to maintain said
ponds, landscaping and
P)l
maintenance areas, the procedures and
rights of City more
particularly described in Section
24-8.19(b) of the Aspen Muncipal
611
Code, which is hereby
incorporated by reference as if
set forth verbatim herein,
shall then and there go into effect and apply. Owner
further acknowledges
that the procedure set forth in Section
IV above,
pertaining to the procedure for default and
amendment of this
agreement, shall not be required with
respect to the enforcement
and implementation of common
facilities maintenance as set forth and required by Section
24-8.19(b).
VIII.
WATER
Owner and City have entered into a Raw Water Agreement
Dow, recorded in Book �•j at Pagein the office of the
Il Clerk and Recorder of Pitkin County, Colorado.
Treated water service lines shall be installed as shown
- Q -
0
E
11111(!K 539 P4cE638
on Utilities Sheet attached to the Plat. City agrees, on
approval of the agreement, working drawings for the water
system, and the signing of this Plat through its Water
Department, to supply water service to Ten Ten Ute
Subdivision on the same basis as other customers, and
subject to the rules and regulations of the Water
Department. Lot owner agrees to pay such tap fees therefor
as shall be determined by the tap fee schedule presently effect at the time water service shall be extended in
to the
improvements.
IX.
SEWER
Sewer lines shall be installed consistent with the
provisions contained within the Utilities Sheets attached to
the Plat. Owner agrees to pay such tap fees therefor as
shall be determined by the tap fee schedules in effect at
the time sewer service shall be extended to the
improvements. Lot owner agrees that engineers from the
Metropolitan Sanitation District shall be entitled to
inspect the construction of the main trunk sewer lines.
Upon completion, these lines will be turned over to the
Metropolitan Sanitation District, together with such
appropriate easements as may be necessary.
X.
FINANCIAL ASSURANCE
S h f�rf(1 110
Those portions of the Improvements and Landscaping for
which financial
assurances have been requested by the City
Engineer, and which hereby are agreed
(4A F1Moul)
to be given as
described on Exhibit "E" attached hereto and made a
hereof.
part
The guarantee to be provided by the Owner shall be
in the form of
an irrevocable bond, sight draft, or letter
of credit from
a responsible financial institution. The
guaranty shall be in a form
acceptable to the City Attorney
and the City Manager, and shall
give City the unconditional
right upon clear and
unequivocal default by Owner to
withdraw funds as
necessary and upon demand to partially or
fully complete and/or for
pay any of such improvements or
pay any outstanding bills for work done thereon by any
party
with an excess guaranty amount to be applied first to
additional administrative
or legal costs associated with any
such default and the
repair of any deterioration in
improvements already constructed before
the unused
remainder, if any, of such guaranty 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
improvements required are completed, the City Engineer shall
inspect
them, and upon approval and written acceptance, he
shall authorize the release
of the actual cost as documented
by invoices for that portion the improvements;
PROVIDED,
HOWEVER, that ten percent (10%) of the
estimated cost shall
•
0
FOK 539 nGi.639
be withheld until all proposed improvements are completed
and approved by the City Engineer.
Owner, its successors or assigns, hereby agrees to
further provide unto City a warranty as to the fire hydrant
improvements described on Exhibit "D" for a
(1) year from and after written acceptance b period of one
hydrants. y City of the
It is the express understanding of the parties that the
procedure set forth in Section IV pertaining procedure for default and amendment of this Agreemento the
t shall
not be required with respect to the enforcement and
implementation of financial assurance and guaranties
provided by Owner as set to be
forth above and required by Section
20-16(c) and 24-8.16 of the Aspen Municipal Code.
XI.
MISCELLANEOUS
A. The provisions hereof shall be binding upon and
inure to the benefit of Owner and City and their respective
successors and assigns.
B. This Agreement shall be subject to and construed
in accordance with the laws of the State of Colorado.
C. If any of the provisions of this Agreement or any
paragraph, sentence, clause, phrase, word, or section or the
application thereof in any circumstances is invalidated,
such invalidity shall not affect the validity of the
remainder of this Agreement, and the application of any such
provision, paragraph, sentence, clause,
or
section in any other circumstance shall phrase,
be of e�cted
thereby.
D. This P.U.D. and Subdivision Agreement contains the
entire understanding between the parties herein with respect
to the transactions contemplated hereunder and may be
altered or amended from time to time only by written
instruments executed by all parties hereto.
E. Numerical and title headings contained in this
Agreement are for convenience only, and shall not be deemed
determinative of the substance contained herein. As used
herein, where the context requires, the use of the singular
shall include the plural and the use of any gender shall
include all genders.
F. Upon execution of this agreement b hereto, City agrees to approve and execute the all Finalrties Plat
for Ten Ten Ute Subdivision, and to accept the same for
recordation in the office of the Clerk and Recorder for
Pitkin County, Colorado, upon payment of the recordation fee
and cost to City by Owner. For its part, Owner hereby
NnnK 539 RIGE640
ratifies and confirms each and every representation and
public dedication made and set forth on said Plat.
G. Notices to be given to the parties to this
Agreement shall be considered to be given if delivered or if
deposited in the United States Mail to the parties by
registered or certified mail at the addresses indicated
below, or such other addresses as may be substituted upon
written notice by the Parties or their successors or
assigns:
CITY OF ASPEN
City Manager
130 S. Galena Street
Aspen, CO 81611
1010 UTE CORPORATION
David G. Behrhorst
P.O. Box 9046
Aspen, CO 81612
H. The terms, conditions, provisions and obligations
herein contained shall be deemed covenants that run with and
burden the real property more particularly described in
Exhibit "A" hereto and any and all owners thereof, their
successors, grantees or assigns and further shall inure to
the benefit of and be specifically enforceable by or against
the parties hereto, their successors, grantees or assigns.
I. Owner represents and warrants that it is the fee
title owner of the subject parcel with full authority to
enter into this agreement, and that any and all persons,
firms or entities having any lien, encumbrance or interest
in the property have consented to the dedications,
restrictions, and conditions of approval set forth herein,
and that this agreement shall not be recorded in the office
of the Clerk and Recorder for Pitkin County, Colorado, nor
shall any of -the approvals granted herein take effect
without the written consent (or subordination, if
applicable) of any such person, firm or entity.
IN WITNESS WHEREOF, the parties hereto have hereunto
executed their hands and seals on the dates and year
respectively indicated, in full understanding and agreement
to the terms and conditions herein contained.
CITY OF ASPEN, a
Colorado municipal corporation
..........,,,, .. R B
0f y
'� W1 lamTT L. Stirling, Mayo
' htyn. Koch, City Clerk
•••(,AVbITIONAL SIGNATURES AND NOTARY ACKNOWLEDGMENTS ON NEXT PAGE)
- 12 -
ATTEST:
Bedrisha Wilson, �1
Assistant Secretary
STATE OF COLORADO)
) ss.
COUNTY OF PITKIN )
eonK 539 P*641
1010 UTE CORPORATION
By _
David G. Behrhorst, Vice -President
APPROVED AS TO FORM:
Aspen City Attorney
BY �O
Paul J. Tad�ne 'S__C11
�'- he fore ing instrument was acknowledged before me this
ay of 1987, by WILLIAM L. STIRLING as
r��t (!a b�, and KA RYN S. KOCH, as City Clerk on behalf of THE CITY
E. a Colorado municipal corporation.
OTII R), s
T 'WITNESS my hand and offi ial seal.
,p Commission expires :�73 �/�
Nota yJpunjjC
r.
STATE OF COLORADO)
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged be rg,.me..this
day of T��'� , 1987, by DAVID G.pR qs
Vice -President, and BEDRISHAH WILSON, as Assistant-te
1010 UTE CORPORATION, a Colorado corporation.
WITNESS my hand and off :otary
s �� . ? gyp. -
My Commission expires:/� � _ A70 -
r.
t
b is
pud agr/LOWE
• •1
EXHIBIT "A" rCN 539 muW
TO P.U.D AND SUBDIVISION AGREEMENT FOR TEN TEN UTE SUBDIVISION
101CW ALL MEN BY TiIESE PRESQM, that 1010 UTE
being the owner of all the following described reaY. Colorado: �TION, a Colorado rorporation,
City of Aspen, Pitkin Count property being situated in the
A tract of land situate in Section 18, Township 10 South, Range
6th Principal Meridian being rn:)re particularly described as follows 84 west of the
Beginning at a point on the south boundary of Aspen, County of Pitkin line of the DRC Subdivision, City
of As to Corner N' 1 , State of Colorado, whence a brass cap for Aspen
134.56 feet al ears S 28'28 00 W 150.50 feet; thence N "
along said south boundary; thence N 89*34142" E 382.32 2feet a- E
said south boundary to the southerly boundaryalong
said City of Aspen; thence aloud said °f the Calderzrood Subdivision in
courses: southerly boundary. the following eight
1) S 27 07'30" E 34.98 feet;
tense 2) S 28'24'46" E 58.00 feet;
thence 3) S 69*49111" E 31.15 feet;
thence 4) N 67'52'49" E 113.22 feet;
thence 5) N 48.51'50" E 32.32 feet;
thence 6) N 21*19,14" E 93.58 feet;
thence 7) N 42.49114" E 40.95 feet;
thence 8) S 61.24'25" E 75.42 feet;
to line 9-8 of Tract 8 of the East Aspen Townsite Addition, thence S 00*21100" W
468.13 feet along said 9-8 line to the north line of a tract of land des cri
in Boric 260 at Page 632 of the records of the Clerk and Rerdr of County, Colorado; thence N 90'00100" W 183.52 feet along said nororthe bed
line to the
easterly n
line of Lot 6 of The Hoag Subdivision in said City of Aspen,
N 50*39100" W 283.00 feet along said east line of Lot 6; thence S 25•27109"n W
323.34 feet along the northwest line of said Lot 6 to the easterly right-of-way
line of Ute Avenue; thence N 27*05,15" W 283.03 feet along said line; thence N 33'39'45" W 186.72 right-of-way
feet along said right-of-way line to the point
of beginning containing 6.054 acres more or less.
Also, Lot 1, Hoag Subdivision, County of Pitkin, State of Colorado, containing
1.583 acres more or less.
�J
EXHIBIT "B"
SITE DATA TABULATION
PmK 539 F�v-643
Lot No.
Lot
Acres
Size:
Square Feet
Improvement Envelope
Area
Square Feet
Lot 1
Lot 2
0.69
30,073
8,
Lot 3
0.55
0.34
24,307
8,098
98
Lot 4
0.33
15,188
14,806
8,037
Lot 5
Lot 6
0.47
20,650
7,887
7,542
Lot 7
0.65
0.34
28,599
7,274
Lot 8
0.47
15,102
20,733
6,762
Lot 9
0.23
10,058
5,755
Lot 10
0.23
10,320
3,406
Lot 11
0.18
7,988
3,697
Lot 12
0.18
7,918
4,697
Lot 13
0.16
7,365
4,149
Lot 14
0.21
9,196
4,310
Lot 15
0.24
10,732
6,051
Lot 16
0.24
10,663
8,115
Lot 17-R
0.45
20,005
4,415
Outparcel A
1.58
68,954
5,969
N/A
Total
Subdivision
7.54
332,657
104,428
Note: 1) Minimum FAR per Lots 1 through 16 shall. be 3,000 sq. ft.;
2) Minimum FAR for Lot 17-R shall be 1,000 sq. ft.; and
3) Maximum FAR for each Lot, including Lot 17-R, to be set
in the deed of conveyance to each Lot owner; provided,
however, the total FAR for Ten Ten Ute Subdivision cannot
exceed 68,900 sq. ft. as currently calculated by the City
of Aspen Code in effect June 1, 1987.