HomeMy WebLinkAboutcoa.lu.su.Common Ground
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CASELOAD SUMMARY SHEET
city of Aspen
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DATE RECEIVED: 1012771.92 PARCEL ID AND CASE NO.
DATE COMPLETE: II(i q q~ ~ A83-92
STAFF MEMBER: LL
PROJECT NAME: Common Ground Housinq GMOS Exemption. Subdivision.
Lot Line Adiustment. Stream Marqin Review.' Special Review and
Condominiumization and Vested Riqhts
Project Address:
Legal l\.ddress:
APPLICANT: Common Ground Housinq. Inc.
Applicant Address:
REPRESENTATIVE: Randv Wedum
Representative Address/Phone: 616 E. Hvman Avenue
Aspen. CO 81611 5-1961
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FEES: PLll.NNING
ENGINEER
HOUSING
ENV. HEALTH
TOTAL
$
$
$
$
$ N/C
# APPS RECEIVED 13
# PLATS RECEIVED
TYPE OF APPLICATION: STAFF APPROVAL: 1 'STEP: 2 STEP:~
P&Z Meeting Date<-..)<S-v\. I Cf PUBLIC HEARING: ~ NO
t ~-+.f.<J.o. 1> VESTED RIGHTS: YES NO
CC Meeting Datg....&.: ~<H..Lt.,. ~ PUBLIC HEARING:~N~,\,.g. p~",,<,,~
VESTED RIGHTS: ,~ ' NO
DRC Meeting ,Date ~ I~
~Pf.lGs ~~~~~_~J:~~_________________~_______~________
REFE~t~~ Att::::~----~:::::-::::~----------::::::-::::::::
~~ City Engineer , Bldg Inspector Rocky Mtn NatGas
V /Housing Dir. V Fire Marshal CDOT
~ Aspen Water Holy Cross Clean Air Board
/ City ,Electric Mtn. Bell Open s~ce ~oard
V _ Envir;Hlth. ,/""" ACSD ~ Othel! .l ~ ~ <
V Zoning Energy Center ~ O~S!~~~tvnR..V-
DATE REFERRED: = INITIALS: DUE: ! 2/ ! '-/
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~ City Atty ~ City Engineer )(7,oning ~~v. Health
--""'" Housing , _ Open Space ~- other:rvr-S
FILE STATUS AND LOCATION:
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MEMORANDUM
TO:
Tabatha Miller" City Finance Department
FROM:
Stan Clauson, Community Development Director
RE:
Common Ground
DATE:
January 16, 1998
The Community Development Department has reviewed the criteria specified in the
Subdivision Improvements Agreement for the Common Ground Co-Housing
Condominiums Item #6 (E), Security for Public Improvements and Landscaping, and is
,satisfied that the public improvements for the project have been completed to acceptable
standards. The Community Development Department is authorizing the release of the
public improvements bond, in the amount of $1 8,285.40, to the developer at this time.
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TO: CITY OF ASPEN PLANNING AND ZONING COMMISSION
( FROM: TAYLOR GAMBLIN for Common Ground Housing Association,Inc.
To Whom It May Concern;
I Granville Taylor Gamblin do hereby attest that the public notices
to the adjacent land owners for the proposed Common Ground Project,
0100 Lone pine Road, Subdivision, Stream Margin Review and Special
Review mailed by me from the United States Post Office in Aspen,
Colorado on January 9th,
-
~ranville TaYl~~amblin,
representative '~or
Common Ground Housing Association,Inc.
(
State of Colorado)
) SS
County County )
This signature
Notary PUblic, this
Gamblin.
was acknowledged before me, the undersigned
19th Day Of,Jan~:ar~93 by Granville ayJo
My Commission Expires
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PUBLIC NOTICE
RE: COMMON GROUND HOUSING SUBDIVISION, STREAM MARGIN REVIEW AND
SPECIAL REVIEW
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, January 19, 1993 at a meeting to begin at 4:30 pm before
the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room,
city Hall, 130 S. Galena, Aspen, CO to consider an application
submitted by the Common Ground Housing Association, Inc., Box
11499, Aspen, CO, requesting subdivision approval for 21 employee
deed restricted units, stream margin review, and special review for
parking and open space. For further information, contact Leslie
Lamont at the Aspen/Pitkin Planning Office, 130 S. Galena, Aspen,
CO 920-5090
s/Jasmine Tyqre, Chairman
Planning and Zoning commission
published in the Aspen Times on January 1, 1993
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City of Aspen Account
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Adiacent Home OWners for Notification
Pitkin County Community Center site
MISC. OWNERS
PAGE 1
Aspen Pitkin County Housing Authority (Long-Term Lease)
530 E. Main
Aspen, Colorado 81611
Pitkin County
506 E. Main
Aspen, Colorado 81611
Tercerco, Inc.
4400 One Williams Court
TUlsa, OK 74172
Ms. Fleeta Baldwin and
Ms. Roine St.Andre
Box 502
Aspen, Colorado 81612
Ms. Joan Lane
Box 46
Aspen, Colorado 81612
Oden Enterprises
P.O. Box 660
Aspen, Colorado 81612
Marcia Cowee
P.O. Box 904
Aspen, Colorado 81612
Donna Kay Rowlands
770 Cemetary Lane
Aspen, Colorado 81611
Gerald D. Hosier
100 S. Wacker Dr.,Suite 224
Chicago, IL. 60606
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MISC OWNERS
Jeffrey Hines and
John C. & Brenda Duncan
c/o Gerald Hines
2800 Post Oak Blvd.
Houston, Texas 77056
Byron and Martha Spanjer and
John and Susan Garza
712 Larkspur Blvd.
Acworth, Georgia 30101
Southwest Guarantee Trust Co.
Successor Co-Trustee
William B. Rubey Estate
c/o Meredith Cochran & Parks
P.O. Box 35688
Dallas, ,Texas 75235
( Stan Kopp and Robert Zupancis
Box 100
Aspen, Co 81612
PAGE 2
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LONE PINE HOMEOWNERS
PAGE 1
A-I Barney Oldfield
0155 Lone pine Rd # A-I
Aspen, Colorado 81611
A-2 Paul McDonald
0155 Lone pine Rd. # A-2
Aspen, Colorado 81611
A-3 Rich Wager
0155 Lone pine Rd.# A-3
Aspen, Colorado 81611
A-4 Sandra Ann Nerds
0155 Lone pine Rd # A-4
Aspen, Colorado 81611
A-5 Linda Zurek
0155 Lone pine Rd.# A-5
Aspen, Colorado 81611
A-6 Sharee Sonfield
5 Syloan Lane
Westport,Conn 06880
A-7 Mark Danielson
0155 Lone pine Rd. # A-7
Aspen, Colorado 81611
A-8 Stephen Connolly
Box 3183
Aspen, Colorado 81612
A-9 Neil Alan Leibowitz
Dorothy Ann Sharp
0155 Lone pine Rd. # A-9
Aspen, Colorado 81611
A-I0 Marilyn Foss
Box 10149
Aspen, Colorado 81612
A-II Lawrence Slater
Box 2334
Aspen, Colorado 81611
A-12 Robert C. Braudis
0155 Lone pine Rd. # A-12
Aspen, Colorado 81611
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LONE PINE OWNERS
PAGE 2
A-13 Bruce Muhefeld
0155 Lone pine Rd. A-13
Aspen, Colorado 81611
A-14 Gretchen Greenwood
Box 10599
Aspen, Colorado 81612
A-15 John Bethold Fraser
450 S. Galena
Aspen, Colorado 81611
A-16 Jake Vickery and
Della Pegolotti
Box 10623
Aspen, Colorado 81612
A-17 Susan Sanchez
0155 'Lone pine Rd. A-17
Aspen, Colorado 81611
A-18 Peter Maines
0155 Lone pine Rd. A-18
Aspen, Colorado 81611
A-19 Henry W. Thurston IV
Lisa Thurston
Box 1221
Aspen, Colorado 81611
A-20 Tom Voorhies
Box 619
Aspen, Colorado 81612
B-1 Vincent Partyka
0155 Lone pine Rd. #B-1
Aspen, Colorado 81611
B-2 Luu Tong
P.O. Box 619
Aspen, Colorado 81612
B-3 Deborah L. Smith
Box 3659
Aspen, Colorado 81612
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LONE PINE OWNERS
B-4 Tom Fisher
236 Pleasant Rt. Rd.
Branford, Conn 06405
B-5 Michael L. Tanguary
0155 Lone pine Rd. B-5
Aspen, Colorado 81611
B-6 Elizabeth Faison
Box 10602
Aspen, Colorado 81612
B-7 Stan Snyder
0155 Lone pine Rd. # B-7
Aspen, Colorado 81611
B-8 Dorothy Danieli
0155 Lone pine Rd. B-8
Aspen, Colorado 81611
C-l Fayez Zukau
77 29th st., suite 301
Boulder, Colorado 80303
( C-2 Roger & pricilla Schultz
Robert J. Schultz
3829 Del Campo
Palos Verdes Estates, Ca. 90274
D-l Willian Wesson & Eileen Rostad
c/o R. Allen
601 E. Hyman Ave.
Aspen, Colorado 81611
Roberta Allen (Notice Hand Delivered)
c/o Allen Sharkey Braden McCormick
610 E. Hyman Ave.
Aspen, Colorado 81611
D-2 Frances Ginsburg
2 Sea Colony Drive
Santa Monica, Ca 90405
D-3 Jerome Ginsburg
c/o Lansco corp.
122 E. 42nd. st.
. New York City, NY 10168
D-4 John Ginn
Box 256
Aspen, Colorado 81612
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LONE PINE OWNER
PAGE 4
D-5 Beverly Trupp
c/o Wright Connection
17313 1/2 Sunset Blvd.
Pacific palisades.Ca 90272
D-6 Murray pett
4760 Wendrich
West Bloomfield,Mi. 48033
D-7 Dr. Morris Barton
suite 1005
6245 N. 24th Parkway
Phoenix, Arizona
E-1 Sam Shamie
26111 W. 14 Mile Rd.
Franklin, Michigan 48025
E-2 Glen A. Daly
Carol Center Daly
suite 2101
5220 West Hills Drive
Woodland Hills, Ca 91364
E-3 Alexander Garrett Kaspar
Box 12061
Aspen, Colorado 81612
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HUNTER CREEK HOMEOWNERS BLDG. 100 & 200
211 Thomas F. Moher Jr.
Thomas F. Moher Sr.
0286 Auburn Ridge Lane H-301
Glenwood springs, Colorado 8101
212 Sharon D. Heedum
Box 3086
Aspen, Colorado 81612
213 Gennaro S. Federico
114 Davis Rd.
Bedford, Ma. 01730
214 Lynda Green
Apartment A 303
1111 Crandon Blvd.
Key Biscayne, Fl. 33149
215 Louis L. Guns
Margaret Guns
617 N. 4th st.
( Aspen, Colorado 81611
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216 H. Don Chumley
Annelise Chumley
1970 N. Broadway
Oklahoma City, Ok.73103
217 T.W. Kinkead
2204 Lakesider Dr.
Lexington, Ky 40502
218 Robert A Emigh
Patricia A Emigh
7877 Andrews Way
Boulder, Colorado 80303
221 Doreen Anderson
30880 state Highway 82
Snowmass,colorado 81654
222 Rhoda Ushida
Roger M & Julia K Estrella
2334 Jefferson Ave.
Berkeley,Ca 94703
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HUNTER CREEK BLDGS 100 & 200
223 Neysa Sigler
Rt.1, Box 3236
Barrows Rd.
stowe, vt. 05672
224 Michelle Marie Bruce
0143 Lone pine Rd. Unit 224
Aspen, Colorado 81611
225 William Lee Pomeroy
Leslie Wing Pomeroy
2624 3rd. st.
Santa Monica, California 90405
226 Howard B. and
Betty S. Wallach
2229 Troy Ave.
Brooklyn,NY 11234
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227 Warren Obr
c/o New York Times
3rd Floor
229 West 43rd st.
New York,NY 10036
228 Laurie Ann Beeman
Box 418
Aspen, Colorado 81612
231 Adrian N patrascioiu
and Emilie
2901 E. 1st. st.
Tucson,Arizona 85714
232 Leilani Kre Damke
5371 East Caley Ave.
Littleton, Colorado 80121
233 Marvin L. Raupp
# 105 1142 Manhatten Ave.
Manhatten Beach, Ca 90266
234 Edward T. Purcell
Anne Celeste Purcell
Box 10791
Aspen, Colorado 81612
235 John L. Sheehan
5 Crown Way
Marblehead, MA 01945
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HUNTER CREEK BUILDINGS 100 & 200
PAGE 3
236 Walter and June Tilds
2716 Lakeridge Lane
Westlake village, CA. 91361
237 Brian wiegand
# 7E 45 Westend Ave.
New York,NY 10028
238 Ilene H. Richmond
0143 Lone pine Road
Aspen, Colorado 81611
111 Erna D. Jackson
727-17 Tramway Lane N.E.
Albuquerque NM 87122
112 Rosario Ilardo
6306 Moss Way
Baltimore, MD 21212
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113 Karl G. Larson
suite 101
210 N. Mill st
Aspen, Colorado 81611
114 Myron & Helene Rappaport
HWR Jewelery Inc.
318 S. Galena
Aspen, Colorado 81611
115 Andre & Sophia G. Van Schaften
80 waterside Close
Rochchester,NY 10709
121 Robert N. Lankering
Box 4427
Vero Beach ,Florida 32964
122 askar & Hilde Guenther
1038 Oak Hills Circle
Ashland,OH 44805
123 Carola Terry Lott &
Theresa Van Pantz
54 Avenue a'Iena
Paris, France
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\ 124 Dr. Patricia Ann Hill
DBA Institute for Excellence
Box 20105
Village of ,Oak Creek/AZ 86341
125 Denise Lock
0143 Lone pine Road # 125
Aspen, Colorado 81611
131 Robert Kershaw,John Thomas Ward,
Kieron F. Quinn,
Darell R. (JR) and Susan C. Cammack
113 West Monument st.
Baltimore/MD 21201
132 Jill Martin
132 Vine st.
Aspen, Colorado 81611
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133 Andrew Gustave Larson
suite 101
201 N Mill st
Aspen, Colorado 81611
134 Christian & Lott Christ
555 E. Durant Ave,
Aspen, Colorado 81611
135 Evan Griffiths
,P.O. Box 75
Aspen, Colorado 81612
Hunter Creek Management
0143 Lone pine Road
Aspen, Colorado 81611
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Commom Ground Housing Association,Inc.
P.O. Box 11499
Aspen, Colorado 81611
Leslie Lamont
Aspen/Pitkin Planning Office
130 S. Galena Aspen, Co 81611
Dear Leslie,
August 11, 1994
Please see the attached lists taken from the filed Subdivision
Agreement for Common Ground Housing Association, Inc. Dates of
expected completion have been place next to the items which have
not yet been finished. In addition to this list, the trash
enclosure will be completed by October 1, 1994, the street sign and
parking lot striping will be finished by September 15, 1994.
Thank- you for your help.
Sincerely,
~/{
Tom Buesch
Common Ground Housing
Association, Inc.
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SUBDIVISION IMPROVEMENTS AGREEMENT
FOR THE
COMMON GROUND CO-HOUSING CONDOMINIUMS
THIS SUBDIVISION IMPROVEMENTS AGREEMENT is made and entered
into this J::5 day of S~ pkmbe.r , 1993, by and between
PITKIN COUNTY, A HOME RULE COUNTY ("county"), COMMON GROUND
HOUSIN~, INC. ("Developer") and THE CITY OF ASPEN, A MUNICIPAL
CORPORATION ("city").
WIT N E SSE T H:
WHEREAS, county owns that certain real property (the "Proper-
ty") located in the City of Aspen, County of Pitkin, State of
Colorado, described on the attached Exhibit "A"; and
WHEREAS, Developer, as lessee of the Property, pursuant to a
ground lease with the County, was the co-applicant with the County
of various land use approvals for the property; and
WHEREAS, on January 19, 1993, the Aspen Planning and Zoning
commission (the "Commission") granted Special Review approval for
Parking and Open Space; and
WHEREAS, the commission recommended to the, city council
approval of Subdivision and GMQS Exemption for affordable housing;
and
WHEREAS, on March 22, 1993, the City Council of the City of
Aspen granted approval pursuant to Sections 24-8-104, 24~7-1004 and
24-7-1007 of the Municipal Code of the City of Aspen (the "Code")
for the development of twenty-one (21) deed restricted dwelling
units and condominiumization thereof (the "Project") to be situated
on the Property (see Ordinance No.8, Series of 1993, a copy of
which is attached hereto as Exhibit "B"); and
WHEREAS, the approval of such Project by the City was
conditioned upon the County and Developer complying with certain
requirements, including the entering into and execution of a
Subdivision Improvements Agreement for the Property; and
WHEREAS, the County and Developer have submitted to the City
for approval, execution and recordation a plat for the Property
(the "Plat") and the City is willing to approve, execute and record
the Plat on the agreement of the county and Developer to the
matters described herein, subject to the provisions of the Code,
the conditions contained herein and other applicable rules and
regulations; and
WHEREAS, the City desires to impose certain conditions and
requirements in connection with its approval, execution and
acceptance of the Plat and such matters are necessary to protect,
promote and enhance the public health, safety and welfare and,
pursuant to the Code, the City is entitled to assurances that the
#361218 09/17/93 16:16 Ree $.00 BK 724 PG
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432
matters set forth herein will be faithfully performed by the
County, the Developer and their successors and assignsi
WHEREAS, the Developer and County are willing to enter into
such agreement with the City and to provide assurances to the citYi
NOW THEREFORE, in consideration of the mutual covenants
contained herein and the approval, execution and acceptance of the
Plat for recordation by the City, it is agreed as follows:
1. Description of Pro;ect. The Project which the City
Council approved consists of the parcel described in the legal
description set forth on the attached Exhibit "A". The Project
is approved for development of twenty-one ("21) affordable housing
units with the following development mix:
A. eight 622 sq. ft. 1-bedroom units
B. five 975 sq. ft. 2-bedroom units
C. eight 1216 sq. ft. 3-bedroom units
2. Acceptance of Plat. Upon execution of this Agreement by
all parties hereto, and upon approval of the final plat by the
Engineering Department and Planning Office, the city agrees to
approve and execute the final plat for the project submitted
herewith, which conforms to the requirements to section 24-7-1004
of the Code. The city agrees to accept such plat for recording in
the offices of the Pitkin County Clerk and Recorder upon payment of
the recordation fee and cost to the city by Developer. Reduced
size copies of the following documents, representing plats and
plans that have been approved as part of this Subdivision
Agreement, are attached hereto as the following Exhibits:
a. Final Subdivision Plat, Exhibit "c"
b. site Development Plan, Exhibit "D"
c. Building Elevations, Exhibit "E" TYPICAL
d. Grading Plan, Exhibit "F"
e. Drainage Plan, Exhibit "G"
f. Landscape Plan, Exhibit "H"
g. Lot Line Adjustment Plat, Exhibit "0"
3. Construction Schedule and Phasinq. The City, County and
Developer mutually acknowledge that exact construction schedules
cannot be determined for the Project at this time. However, it is
anticipated that construction of the Project will begin approxi-
mately August 30, 1993 with completion occurring within nine (9)
months thereafter, unless extended by mutual agreement of the
parties.
4. Parkinq Requirements. Develper shall provide one (1) on-
site off-street parking space per dwelling unit for the Project and
six (6) guest spaaes for a total of 32 on-site parking spaces.
County and Developer have entered into a Parking Lot Use,
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_Si,lv.i:i1\Il.i1\\d s, Pi tki n_c:".ty Cl ark, Doe $.00
Maintenance & Improvement Agreement with Aspen Pitkin Employee
Housing, , Inc., the adjacent property owner, with regard to the
shared parking lot, a copy of which is attached as Exhibit "L".
5. Open spaoe. Developer hereby agrees to maintain
approximately 44,500 square feet of undeveloped open space on the
site.
6. Publio Improvements and Landsoapinq.
A.
hereby agree
event one is
Speoial Improvement Distriot. county and Developer
to join any special improvements district(s), in the
formed, which includes the Project site.
B. sidewalks, curb and Gutter. Developer hereby agrees
that it shall install, at its expense in connection with the
improvements to be placed on the Property, sidewalks, curb and
gutter along Lone pine Road as depicted on the site Development
Plan which is attached hereto as Exhibit "D". The sidewalk, curb
and gutter shall align with the existing curb and gutter on Lone
pine Road. Attached hereto as Exhibit "I" is an itemization of the
estimated cost of these improvements, prepared by Banner &
Associates on June 15, 1993.
C. street Liqhts. The Developer acknowledges that
street lights may be required at the time of development at
Developer's expense. The Developer shall work with the City to
determine the location and design of lighting. Low level
pedestrian lighting from the parking area to the dwelling units
shall be provided and are included on the attached site Plan.
D. Landsoapinq. The Developer hereby agrees that it
shall, at its expense, install the landscaping as required by and
in accordance with the Landscape Plan attached hereto as Exhibit
"H". Attached hereto as Exhibit "J" is a copy of a cost estimate
prepared for the acquisition and installation of such landscaping'
prepared by Common Ground Housing Association on June 15, 1993.
E. seourity for Publio Improvements and Landsoaping.
In order to secure the performance of the construction and'
installation of the public improvements described above, the
Developer shall provide a bond, letter of credit, cash or other
guaranteqoin a form satisfactory to the city Attorney in the sum of
$'~ ,"iltJ .l/' Said guarantee shall be delivered to the city prior to
is u nce of any building permits for the Project. The documents
shall give the city the unconditional right, upon default by the
Developer in its obligations specified herein, to withdraw funds
against such security sufficient to complete and pay for
installation of such public improvements. As portions of the
improvements are completed, the City Engineer shall inspect the
same and, upon approval and acceptance, the city Engineer shall
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Silvia Davis, Pitkin Cnty Clerk, Doe,$,.~CI()
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authorize the release of the agreed estimated costs for such
completed improvements. The Developer shall require all
contractors to provide a warranty that all improvements were
constructed to accepted standards of good workmanship for the
benefit of the City for the installation of the public improvements
described herein for one (1) year from the date of acceptance. In
the event that any existing municipal improvements are damaged
during Project construction, on request by the City Engineer, a
bond or other suitable security for the repair of those municipal
improvements shall be provided by Developer to the city.
F. Fishinq Easement. County and Developer agree to
dedicate to the public a perpetual Fishing Easement, for the length
of Hunter Creek as it traverses the Property, including five (5)
feet on the bank and five (5) feet into the Creek, as shown on the
Plat and as set forth on EXhibit"N". In addition, the County and
Developer shall grant a perpetual pedestrian access easement across
the Property to access the Fishing Easement, as shown on the Plat
and as set forth on Exhibit "N".
7. Drainaqe. Prior to the recordation of the final plat and
issuance of a building permit for the Project, a drainage plan
shall be submitted to the City in accordance with Section 24-7-
1004(C) (4) (f) of the Code and shall be approved by the Engineering
Department. The drainage plan shall include calculations showing
that the historic rate of run-off will be maintained and that
drainage from the parking lot does not enter onto the public right
of way. A copy of the approved plan is attached hereto as Exhibit
"G".
8. PUblic Rights of way. The Developer must obta.in an
excavation permit from the street Department and design approval
from the Engineering Department for any work done in the public
rights of way. The site Plan shows the access to the Project's
parking lot.
9. sanitation District APproval. Prior to the issuance of
a building permit for the project, detailed plans shall be
submitted to and reviewed by the Aspen Consolidated Sanitation
District to insure that surface run-off, roof drains, foundation
drains and any other clear water drains are not connected to or
tapped into the sanitary sewer. Adequate oil and grease intercep-
tors must be installed in the floor drains for vehicle parking
areas in the event they are connected to the sanitary sewer.
10. Trees. All existing trees shall be staked and fenced to
protect them from excavation and construction activities. County
and Developer shall obtain a permit from the City Parks Department
for the removal of any tree with a trunk diameter of six inches
(6") or greater measured four and one-half feet (4.5') above grade.
11. Deed Restriction. The Project is to be deed restricted
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~i,l_via Da"is,'. Pitk~nc;~tLCler_~._D()c.!.~(l()_
pursuaht to applicable Aspen/pitkin County Housing Authority
("APCHA") requirements. The APCHA shall review and approve all
deed restrictions for the project prior to the issuance of any
Building Permits for the Project. Attached hereto as Exhibit "K"
is a draft occupancy and Resale Deed Restriction, Agreement and
Covenant. Prior to the sale of any individual unit in the Project
to a purchaser, such purchaser shall be required to execute such
deed restriction, Which shall then be recorded in the Pitkin County
Real Property Records and placed on file with the APCHA.
12. Lease Restrictions. Each unit in the Project is hereby
restricted to minimum six (6) month leases, with no more than two
(2) shorter tenancies allowed per year. This covehant runs to the
benefit of the city and APCHA and may be enforced by the City or
APCHA by an action for an injunction and/or specific performance,
together with all other remedies available at law.
13. Condominium Map. Upon substantial completion of the
project, a condominium map and condominium declaration for the
project must be prepared and reviewed and approved by the Engineer-
ing Department and the Planning Office. The condominium map and
declaration shall be approved and recorded with the Pitkin County
Clerk and Recorder's Office prior to the conveyance of ahy of the
individual units within the Project.
14. Material Representations. All material representations
made by the county and Developer on record to the City in
accordance with the approval of the project shall be binding upon
the County and Developer, their successors and assigns.
15. Enforcement. In the event the City determines the County
or Developer is not in substantial compliance with the terms of
this Agreement or the final plat, the city may serve a Notice of
Non-Compliance and request that the deficiency be corrected within
a period of forty-five (45) days. In the event the County or
Developer believes that it is in compliance or that the non-
compliance is insubstantial, the County or Developer may request a
hearing before the city Council to determine whether the alleged
non-compliance exists or whether any amendment, variance or
extension of time to comply should be granted. On request, the
City shall conduct a hearing according to standard procedures and
take such action as it then deems appropriate. The city shall be
entitled to all remedies at equity and at law to enjoin, correct
and/or receive damages for any non-compliance with this Agreement.
16. Notices. Notices to the parties shall be sent by the
United states Certified Mail, Return Receipt Requested, Postage
Prepaid, to the addresses set forth below or to any other address
which the parties may substitute in writing. Such notices shall be
deemed received if not sooner received, three (3) days after the
date of mailing of same.
-5-
#361218 09/17/93 16:16 Rec $.00 BK 724 PG 436
Silvia Davis,_Pitkin_Cnty, C_le~'k,_DClC: $.00
To the Developer:
Common Ground Housing, Inc.
P.O. Box 11499
Aspen, CO 81612
with a copy to:
Martha C. Pickett, Esq.
McFlynn & Pickett, P.C.
320 W. Main street
Aspen, CO 81611
To the city of Aspen:
c/o City Manager
130 S. Galena street
Aspen, CO 81611
with a copy to:
city Attorney
130 S. Galena street
Aspen, CO 81611
To the County:
c/o County Manager
530 E. Main street
Aspen, CO 81611
Timothy Whitsitt, Esq.
530 E. Main street
Aspen, CO 81611
With a copy to:
16. Bindinq Effect. The provisions of this Agreement shall
run with and constitute a burden on the land on which the Project
is located and shall be binding on and inure to the benefit of the
county and Developer, their successors and assigns and to the city,
its successors and assigns.
17 . Amendment. This Agreement may be altered or amended only
by written instrument executed by all the parties hereto with the
same formality as this Agreement is executed.
18. Severabilitv. If any of the provisions of this Agreement
are determined to be invalid, it shall not effect the remaining
provisions hereof.
-6-
#361218 09/17/93 16:16 Rec $.00 Bk 724 PG
S.lvHl Davis, Pitki~c:n~Ym~lerk,DC)c: $.00 437
IN WITNESS WHEREOF, the parties hereto have executed this
SUbdivision/Po U.D. Agreement the date and year first above written.
COMMON GROUND HOUSI" INC.
By: 9J:~ I( du/U_l
Tom Buesc~~~esi~~\
PITKIN COUNTY,
COUNTY
V~~
common\subdivis.agt
-7-
#361218 09/17/93 16:16 Rec $.00 BK 724 PG ~
~Sllvla DavIs, Pitkin Cnty Clerk, Doc $.00
------------...---.-- -- ,.,..____________ ______n_..._.._.________.
EXHIBIT "A"
DESCRIPTION OF THE COMMON GROUND HOUSING PROJECT
BeQinninQ at the northwesterly corner of the COMMON GROUND
HOUSING PROJECT whence the 1/4 corner common to Section 12,
T 10 S, R 85 W, 6th P,M. and to Section 7. T 10 S, R 84 W, both
6th p, M. beors S 87" 13' 56' W, 1058.95 feet;
I. Thence S 89' 57' 52' E, 126,88 feet;
2. Thence S 88' II' 20' E, 47.31 feet;
3, Thence SOl' 48' 40' W, 16,03 feet;
4, Thence N 89' 56' 52' E, 14.56 feet;
5, Thence S 00' 03' 12- E, 19.89 feet;
6. Thence N 89' 58' 58" E, 152.44 feet;
7, Thence N 75' 19' 58' E, 9.37 feet;
8, Thence N 73' 23' 55' E, 26,}7 feet;
9. Thence S 33' 26' 27' E, 16,29 feet;
10, Thence S 47" 53' 30' W, 113.73 feet;
II, Thence S 00' 03' II' E, 33,26 feet;
12. Thence N 89' 16' 45" W, 17.09 feet;
13. Thence S 00' 26' 50' W, 196.30 feet;
14. Thence northwesterly 157.23 feet olonQ the arc of a circular non-tangent
curve concave to the southwest with a central angle of
47' 54' 07", a radius of 188.06 feet and a chord beadnQ
N 89' II' 25" W, 152.69 feet;
15, Thence S 64' 57' II" W, 33.89 feet;
16. Thence N 35' 15' 37" W, 34.86 feet;
17, Thence N 00' 08' 33" E, 64.90 feet;
18. Thence N 40' 42' 16" W, 118,97 feet;
19, Thence N 00' 02' 01' E, 175.42 feet to the PoInt of
Beginning.
The COMMON GROUND HOUSING PROJECT as deserlbed above
contains 2.023 acres more or less.
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..
III { COt.lhlON GROUND HOUSING 1l r'l' I JOHN ... WECUM
[ ~ "" twr.... s...llSl
ASPEN, COLORADO ~:I~ , & ASSOCIATES A.RCHITECTS ~.AAC>.I__.I. P:
. ~ '~ ..... . ...- --- --S
!l1, ... 61't.__$urJ[IQ:
0, '1~li . SITE PLAN -. co 1111'
~ "'l-I:lS_,",
#361218 09/17/93 16:16 Rec $.00 BK 724 PG 4S0
Silvia Davis, Pitkin Cnty Clerk Doc $.00
EXHIBIT IIIH
PUBLIC IMPROVEMENTS COMMON GROUND PROJECT
based on actual Contractor bid
J.) . Sidewalk - J.70 lineal feet along Lone pine Road
J.70 LF @ $ 4.42 LF = $ 751. 40
2) . CUrb and Gutter - 200 lineal feet
200 LF@ $ 17.67 LF = $ 3,534.00
3) . 2 streetlights @ $ 500.00 = $ 1,000.00
TOTAL = $ 5.285.40
#361218 09/17/93 16:16 Rec $.00 BK 724 PG 451
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
SIDEWALK, CURB AND GU1TER lMPROVEMENT AGREEMENT
BETWEEN
THE CITY OF ASPEN AND ('()mmon
WHEREAS, COYY\mnf\
Groun.d
Ground fhlSln!) , .4ssoc, The.,
i-Ious'~3 A-ssocl;'~cin\.hC,
is/are the owner(s) of the real property located at (street address and legal description of
property) 0/00 J...one.. Rne. Roorl (Pn:VItDU5 Adck'ssJ
/01 - <pcSll Independence PloeG-Aspen, Colorado, (hereinafter "Owners"); and
WHEREAS, owner(s) has recently completed new construction and desires to
obtain a Certificate of Occupancy; and
WHEREAS, owner's property is within a zone district or other area as designated
on the City of Aspen adopted sidewalk, curb and gutter plan requiring construction of
curb, gutter and sidewalk prior to issuance of a Certificate of Occupancy or, in lieu
thereof, an agreement for future construction pursuant to Section 19-100 of the Municipal
Code; and
WHEREAS, at this time, the City Engineer deems the construction of sidewalk,
curb and gutter on public right-of-way adjacent to owner's property within three (3) years
unfeasible due to existing improvements or conditions,
NOW, THEREFORE, the parties agree as follows:
1, Owner agrees to construct sidewalk, cllrb and gutter along the frontage of
/5 Icu,e.e. .... GU'/"TU
owner's property (approximately 301 Stl>eWA't.Jf-.~ at such time as the City of Aspen
deems construction necessary and feasible, It is acknowledged by all parties that the
present requirement is for a five foot (5') wide concrete sidewalk and two foot (2') wide
gutter with six inch (6") vertical curb meeting City specifications,
#361218 09/17/93 16: 16 Ree $.00 BK 724 PG 452
Silvia Davis, Pitkin Clerk Doe $.00 ,~~~_
-2-
2, In the alternative, at the City's option, the City may construct the above
improvements and owner shall reimburse the City for all costs of such construction,
Reimbursement shall be made to the City within ninety (90) days after receipt of invoice,
3, This agreement shall be binding and shall inure to the benefit of the heirs,
assigns, and successors in title of the parties hereto,
Entere~is ~ day "of S' ep-l}:,mbe.r , 19 q3
By: v 1/tfJ~ -4 tIS //J/~l , _ '
Corr.mon. (j'~~....Y1f"~~S50<.i~e:.-,,1.."'c.... ',' I
~ I~ 0 I'Y\ 10 L<. ~ sc..h. \-''(1:S \ CAet'~
".......'...,......." State of Colorado)
"", ;0 3./..- ......
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"''t, It .;..........~. ~:fhe foregoing instrument was acknowledged before me this ~ day
'.. ~A$' ~",
~"",......"\",,, .n ._~ /11 . /J,
of ~U""%'\. , ] 9!J1, by ~ ,lJ-, 1>u..GS<:!..-./I ,
)
Witness my hand and official seal.
e~uJ~o~~
;?O /f;lJp" Vl'Z-/
f8~/ c0, YJ&J/Z-
My commission expires: l!-.rtb --q, &,
Address:
CITY OF ASPEN, COLORADO, A Municipal Corporation
By:
(Mayor)
Attest:
(City Clerk
f..:M!>J.JS8
#361218 09/17/93'i6:i6'Recj$~PO'Bf( 724 PG
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
,--,--,-,,---,~'~~-'--"'-"-' --,--.- ---..........-.---,-- .- - -,-,,'-
453
EXHIBIT IIJII
LANDSCAPE PLAN SPECIFICATIONS - COgON GROTJND PROJECT
1. All open areas, disturbed and indisturbed, will have 4" of
topsoil placed on them and will be seeded or sodded as
referred to on the site plan, typo
2. We have three Lodgepole Pines which will be relocated to the
southwesterly corner of the property, as noted on the site
plan.
3. No trees above 6" are to be removed. Existing trees are noted
on site plan.
4. Landscaped areas noted on the site plan will be furnished with
plants relocated from the existing site.
Plants to be relocated include:
3 Spirarea bushes
1 flowering Plum tree - tall bush
1 flowering crabapple - tall bush
7 Daisy plants
Lavenders
Columbines
Delphiniums
Yarrows
Purple Cones
Miscellaneous other plants to be relocated
5. As noted on the site plan, we are relocating approximately 140
lineal ft. of lilac bushes, comprised of 40 - 42 bushes.
6. Based on the civil engineering plans, Boulder retaining walls
will be installed at the north border of the property as well
as at the southwest corner of the property by the entrance to
Independence Place Road.
7. We have existing specimen trees including: I stand of 5
Cottonwoods, I stand of 3 Cottonwoods, 2 pine trees, 1 Silver
Maple, all noted on site plan.
8. All parking lots and roads will be asphalt.
9. All walkways and front porches will be broom finish concrete
as noted.
COST BREAKDOWN
Topsoil:
Sod & Seed:
Total:
$ 8,000.00
$ 5,000.00
$13,000.00
All plants, trees and bushes currently existing on site will be
relocated according to the site plan.
EXHIBIT "K"
#361218 09/17/93 16:16 Rec $.00 BK 724 PG 4S4
E>l~V,l~l)",,,lS,,Pi_tkir1_c;ntYClerk Doc $.00
MASTER DEED RESTRICTION, OCCUPANCY
AND RESALE DEED RESTRICTION, AGREEMENT
FOR COMMON GROUND HOUSING
THIS MASTER DEED RESTRICTION, OCCUPANCY AND RESALE AGREEMENT
(the "Agreement") is made and entered into this day of
, 19 , by Common Ground Housinq Association. Inc.
(hereinafter referred to as "Declarant"), for the benefit of the
parties and enforceable by the ASPEN/PITKIN COUNTY HOUSING
AUTHORITY (hereinafter referred to as "APCHA"), a duly constituted
mUlti-jurisdictional Housing Authority established pursuant to the
AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT by and between the
City of Aspen, Colorado (the "city") and Pitkin county, Colorado
(the "county"), dated September 26, 1989 and recorded in Book 605
at Page 751 of the records of the Pitkin county Clerk and
Recorder's Office.
WIT N E SSE T H:
WHEREAS, Declarant leases the real property described in
Exhibit "A" attached hereto and incorporated herein. For purposes
of this Agreement, the real property and all dwellings,
appurtenances, improvements and fixtures associated therewith shall
hereinafter be referred to as the "property"; and
WHEREAS, as a condition of the approval granted by the citv
Council of Aspen, Colorado and the Board of Countv Commissioners of
Pitkin county, Colorado for SUbdivision approval of the Property,
the Declarant is required to enter into this Agreement; and
WHEREAS, Declarant agrees to restrict the acquisition or
transfer of the Property to "Qualified Buyers," as that term is
defined in this Agreement, who fall within the Category **
income range established and adopted by the APCHA from time to time
in it's Affordable Housing Guidelines. In addition, the Declarant
agrees that this Agreement shall constitute a resale agreement
setting forth the maximum sale's price for which the Property may
be sold ("Maximum Sale's Price"), the amount of appreciation and
the terms and provisions controlling the resale of the Property
should Declarant's purchaser desire to sell its interest in the
Property at any time after the date of this Agreement. Finally, by
this Agreement, Declarant agrees to restrict the Property against
use and occupancy inconsistent with this Agreement.
WHEREAS, "Qualified Buyers" are natural persons meeting the
income, residency and all other qualifications set forth in the
Aspen/Pitkin county Housing Authority Affo,rdable Housing Guidelines
(hereinafter "the Affordable Housing Guidelines"), or its
substi tute, as adopted by the APCHA, or its successor, and in
effect at the time of the closing of the sale from Declarant to the
Qualified Buyer, and who must represent and agree pursuant to this
Agreement to occupy the Property as their sole place of residence,
not to engage in any business activity on the Property, other than
that permitted in that zone district or by applicable ordinance,
and not to sell or otherwise transfer the Property for use in a
trade or business.
WHEREAS, an "Owner" is a person or persons who' is/are a
Qualified Buyer who acquires an ownership interest in the Property
in compliance with the terms and provisions of this Agreement; it
being understood that such person or persons shall be deemed an
"Owner" hereunder only during the period of this, her or their
ownerShip interest in the Property and shall be obligated hereunder
for the full and complete performance and observance of all
covenants, conditions and restrictions contained herein during such
period.
WHEREAS, a "Unit" is any of the units _ through _ which
comprise the property.
NOW, THEREFORE,
sufficiency of which
represents, covenants
for value received,
is hereby acknowledged,
and agrees as follows:
the receipt and
Declarant hereby
1. The use and occupancy of the Property shall henceforth be
limited exclusively to housing for natural persons who meet
the definition of Qualified Buyers and their families.
2. An owner, in connection with the purchase of this Property or
Unit, must: a) occupy any Unit within this Property as his or
her sole place of residence during the time that such unit is
owned; b) not engage in any business activity on or in such
Unit, other than permitted in that zone district or by
applicable ordinance; c) sell or otherwise transfer such Unit
only in accordance with this Agreement and the Affordable
Housing Guidelines; and d) not sell or otherwise transfer such
Unit for use in a trade or business; and e) not permit any use
or occupancy of such unit except in compliance with this
Agreement.
3. a.
It shall be a breach of this Agreement for Owner to
default in payments or other obligations due or to be
performed under a promissory note secured by a first deed
of trust encumbering the Property or a unit. Owner must
notify the APCHA, in writing, of any notification
received from a lender, or its assigns, of past due
payments or default in payment or other obligations due
or to be performed under a promissory note secured by a
first deed of trust, as described herein, within five
calendar days of Owner's notification from lender, or its
assigns, of said default or past due payments.
b. Upon notification from owner, as provided above, or other
notice of such default, the APCHA may offer loan
counseling or distressed loan services to the Owner, if
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any of these services are available, and is entitled to
require the Owner to sell the Property or a Unit to avoid
the commencement of any foreclosure proceeding against
the property or a Unit. In the event that the APCHA
determines that sale of the Property or a Unit is
necessary, Owner shall immediately execute a standard
Listing Contract on forms approved by the Colorado Real
Estate Commission with the l\.PCHA, providing for a 30-day
listing period. If a sales contract has not been
executed within the initial 30-day period, Owner shall
extend the listing period for an additional 180 days,
provided such extension does not conflict with the
statutory rights of any secured creditors. The APCHA
shall promptly advertise the Property for sale by compet-
itive bid to Qualified Buyers. The Owner shall, upon
closing, pay a fee to the APCHA in an amount equal to two
percent (2%) of the sales price.. In the event of a
listing of the Property pursuant to this Paragraph 3, the
APCHl\. is entitled to require the Owner to accept the
highest of any qualified bids ,which satisfies the Owner I s
financial or other obligations due under the promissory
note secured by a first deed of trust and deed of trust
in favor of the APCHA, as described herein, and to sell
the Property to such qualified bidder.
c. Upon receipt of notice as provided in paragraphs 3a and
b, APCHA shall have the rig~t, in it's sole discretion,
to cure the default or any portion thereof. In such
event, the Owner shall be personally liable to APCHA for
past due payments made by the APCHA together with
interest thereon at the rate specified in the promissory
note secured by the first deed of trust, plus one percent
(1%), and all actual expenses of the APCHA incurred in
curing the default. The Owner shall be required by APCHA
to execute a promissory note secured by deed of trust
encumbering the Property in favor of the APCHA for the
amounts expended by ,the APCHA as specified herein,
including future advances made for such purposes. The
Owner may cure the default and satisfy it's obligation to
the APCHA under this subparagraph at any time prior to
execution of a contract for sale, upon such reasonable
terms as specified by the APCHA. Otherwise, Owner'S
indebtedness to the APCHA shall be satisfied from the
Owner's proceeds at closing.
4. This Agreement shall constitute covenants running with the
real property, described in Exhibit "A", as a burden thereon,
for the benefit of, and shall be specifically enforceable by
the APCHA, the city Council for the city (the "City Council"),
the Board of County Commissioners for the County (the
"county"), and their respective successors and assigns, as
applicable, by any appropriate legal action including but not
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limited to specific performance, injunction, reversion, or
eviction of non-complying owners and/or occupants.
5. In the event that an Owner desires to sell the property or
Unit, the Owner shall execute a standard Listing Contract on
forms approved by the Colorado Real Estate Commission with the
APCHA providing for a l80-day listing period, or such other
time period as required by the APCHA Affordable Housing
Guidelines in effect at time of listing. Because of the
unique nature of co-housing, it is desired, but not necessary,
that future residents come from the Associate Membership. As
per Section 7., criteria for Re-Sale of Units in the By-Laws
of the Common Ground Housing Association, Inc., Contenders
shall meet the Aspen/Pitkin County Housing Authority
eligibility criteria and be prioritized by:
a. maximum bid sale price for sale units;
b. participation prior to purchase/lease of unit (level of
participation to be decided by the Association from time
to time; i.e., a goal for future purchaser/resident to
attend no less than four (4) meetings);
c. compliance with Common Ground By-Laws.
Should there by no Associate Members, the APCHA shall promptly
advertise the Property or unit for sale by competitive bid to
Qualified Buyers. The Owner shall, upon closing, pay a fee to
the APCHA in an amount equal to two percent (2%) of the sales
price. If FNMA type financing is used for any purchase, there
may be a fee charged by the ApCHA based on the amount
financed. The amount of this fee to be paid by the subsequent
OWner shall be as set forth in the current Affordable Housing
Guidelines and will be distributed to the APCHA Mortgage Fund
Account.
MAXIMUM SALE'S PRICE
6. In no event shall the Property or a Unit be sold for an amount
("Maximum Sale's Price") in excess of the lesser of:
a. $*(the owner's purchase price qoes here), plus an
increase of three percent (3%) of such price per year
from the date of purchase to the date of Owner's notice
of intent to sell (prorated at the rate of .25 percent
for each whole month for any part of a year); or
b. an amount (based upon the Consumer Price Index, All
Items, U.S. City Average, Urban Wage Earners and Clerical
Workers (Revised), published by the U.S. Department of
Labor, Bureau of Labor Statistics) calculated as follows:
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the Owner's purchase price multiplied by the Consumer
Price Index last published prior to the date of Owner's
notice of intent to sell divided by the Consumer Price
Index current at the date of this Agreement. In no event
shall the multiplier be less than one (1). For purposes
of this Agreement, "date of intent to sell" shall be the
date of execution of a listing contract when required by
this agreement, or if a listing contract is not otherwise
necessary, the date shall be determined to be the date
upon which a requirement for the Owner to sell is first
applicable.
NOTHING HEREIN SHALL BE CONSTRUED TO CONSTITUTE A
REPRESENTATION OR GUARANTEE BY THE APCHA OR THE CITY THAT ON
SALE THE OWNER SHALL OBTAIN THE MAXIMUM SALE'S PRICE.
7. a.
For the purpose of determining the Maximum Sale's Price
in accordance with this section, the Owner may add to the
amount specified in paragraph 6 above, the cost of
Permitted Capital Improvements (as defined in Exhibit
"B") in a total amount not to exceed $** , which is
ten percent (10%) of the initial listed purchase price
set forth in paragraph 6a above. In calculating such
amount, only those Permitted Capital Improvements
identified in Exhibit "B" hereto shall' qualify for
inclusion. All such Permitted Capital Improvements
installed or constructed over the life of the unit shall
qualify. However, the allowance permitted by this
subsection is a fixed amount, which shall be calculated
on a cumulative basis applicable to the owner and all
subsequent purchasers, and shall not exceed the maximum
dollar amount set forth in this subsection 7a.
b. Permitted Capital Improvements shall not include any
changes or additions to the property made by the Owner
during construction or thereafter, except in accordance
with Paragraph 7a above. Permitted Capital Improvements
shall not be included in the APCHA' s listed purchase
price, even if made or installed during original
construction.
c. In order to qualify as Permitted Capital Improvements,
the Owner must furnish to the APCHA the following
information with respect to the improvements which the
Owner seeks to include in the calculation of Maximum
Sale's Price:
1) Original or duplicate receipts to verify the actual
costs expended by the Owner for the Permitted
Capital Improvements;
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2) Owner's affidavit verifying that the receipts are
valid and correct receipts tendered at the time of
purchase; and
3) True and correct copies of any building permit or
certificate of occupancy required to be issued by
the Aspen/Pitkin County Building Department with
respect to the Permitted Capital Improvements.
d. For the purpose of determining the Maximum Sale's Price
in accordance with this section, the Owner may also add
to the amount specified in Paragraphs 6 and 7a, the cost
of any permanent improvements constructed or installed as
a result of any requirement imposed by any governmental
agency, provided that written certification is provided
to the APCHA of both the applicable requirement and the
information required by Paragraph 7c, 1) - 3).
e. In calculating the costs under Paragraphs 7a and 7d, only
the Owner's actual out-of-pocket costs and expenses shall
be eligible for inclusion. Such amount shall not include
an amount attributable to Owner's "sweat equity" or to
any appreciation in the value of the improvements.
8. All disputes between the Owner and the administrative staff of
the APCHA shall be heard in accordance with the grievance
procedures set forth in the Affordable Housing Guidelines.
9. Owner shall not permit any prospective buyer to assume any or
all of the Owner's customary closing costs nor accept any
other consideration which would cause an increase in the
purchase price above the bid price so as to induce the Owner
to sell to such prospective buyer.
10. In the event that one qualified bid is received equal to the
Maximum Sale's price herein established, the Property shall be
sold to such bidder at the Maximum Sale's Price; and in the
event Owner receives two or more such bids equal to the
Ma~imum Sale's Price, the Qualified Buyer shall be selected
according to the priority for Sale Units set forth in the
Affordable Housing Guidelines; and, in the event that all such
qualified bidders are of equal priority pursuant to the
Affordable Housing Guidelines, the Qualified Buyer shall be
selected by lottery among the qualified bidders, whereupon the
Property or unit shall be sold to the winner of such lottery
at the Maximum Sale's Price. If the terms of the proposed
purchase contract, other than price, as initially presented to
the owner, are unacceptable to the Owner, there shall be a
mandatory negotiation period of three (3) business days to
allow the Seller and potential buyer to reach an agreement
regarding said terms, including but not limited to, the
closing date and financing contingencies. If, after the
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negotiation period is over, the Seller and buyer have not
reached an agreement, the next bidder's offer will then be
presented to the Seller for consideration and a three (3)
business day negotiating period will begin again. The seller
may reject any and all bids, however, the Owner is subject to
the provisions in the Affordable Housing Guidelines pertaining
to the listing fae. Bids in excess of the Maximum Sale's
Price shall be rej ected. If all bids are b,elow Maximum Sale's
Price, Owner may accept the highest qualified bid. If all
bids are below Maximum Sale's Price and two or more bids are
for the same price, the Qualified Buyer shall be selected by
lottery from among the highest qualified bidders.
11. In the event that title to the property or a Unit vests by
descent in individuals and/or entities who are not Qualified
Buyers as that term is defined herein (hereinafter "Non-
Qualified Transferee(s)"), the Property or unit shall
immediately be listed for sale as provided in Paragraph 5
above (including the payment of the specified fee to the
APCHA), and the highest bid by a Qualified Buyer, for not less
than ninety-five percent (95%) of the Maximum Sale's Price or
the appraised market value, whichever is less, shall be
accepted; if all bids are below ninety-five percent (95%) of
the Maximum Sale's Price or the appraised market value, the
property or Unit shall continue to be listed for sale until a
bid in accordance with this section is made, which bid must be
accepted. The cost of the appraisal shall be paid by the Non-
Qualified Transferee(s).
a. Non-Qualified Transferee(s) shall join in any sale,
conveyance or transfer of the Property or Unit to a
Qualified Buyer and shall execute any and all documents
necessary to do so; and
b. Non-Qualified Transferee(s) agree not to: 1) occupy the
Property or said unit; 2) rent all or any part of the
Property or unit, axcept in strict compliance with Para-
graph 15 hereof; 3) engage in any other business activity
on or in the Property or Unit; 4) sell or otherwise
transfer the Property or Unit except in accordance with
this Agreement and the Affordable Housing Guidelines; or
5) sell or otherwise transfer the Property or Unit for
use in a trade or business.
c. The APCHA, the City, the County, or their respective
successors, as applicable, shall have the right and
option to purchase the property or Unit, exercisable
within a period of fifteen (15) calendar days after
receipt of any sales offer submitted to the APCHA by a
Non-Qualified Transferee(s), and in the event of
exercising their right and option, shall purchase the
property or Unit from the Non-Qualified Transferee(s) for
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a price of ninety-five percent (95%) of the Maximum
Sale's price, or the appraised market value, whichever is
less. The offer to purchase shall be made by the Non-
Qualified Transferee within fifteen (15) days of acqui-
sition of the Property or Unit.
d. Where the provisions of this paragraph 11 apply, the
APCHA may require the Owner to rent the Property or Unit
in accordance with the provisions of Paragraph 15, below.
OWNER RESIDENCE
12. The property and all Units shall be and is/are to be utilized
only as the sole and exclusive place of residence of an Owner.
13. In the event Owner changes domicile or ceases to utilize the
Property or unit as his sole and exclusive place of residence,
the Property or Unit will be offered for sale pursuant to the
provisions of Paragraph 11 of this Agreement. Owner shall be
deemed to have changed Owner's domicile by becoming a resident
elsewhere or accepting permanent employment outside Pitkin
County, or residing on the Property or Unit for fewer than
nine (9) months per calendar year without the express written
approval of the APCHA. Where the provisions of this Paragraph
13 apply, the APCHA may require the Owner to rent the property
or unit in accordance with the provisions of Paragraph 15,
below.
14. If at any time the Owner of the Property or Unit also owns any
interest alone or in conjunction with others in any developed
residential' property or dwelling unites) located in Eagle,
Garfield, Gunnison or Pitkin Counties, Owner agrees to
immediately list said other property or unit for sale and to
sell Owner I s interest in such property at a sales price
comparable to like units or properties in the area in which
the property or dwelling unites) are located. In the event
said other property or unit has not been sold by Owner within
one hundred twenty (120) days of its listing, then Owner
hereby agrees to immediately list this Property or Unit for
sale pursuant to the provisions of Paragraph 11 of this
Agreement. It is understood and agreed between the parties
hereto that, in the case of an Owner whose business is the
construction and sale of residential properties or the
purchase and resale of such properties, the properties which
constitute inventory in such an Owner's business shall not
constitute "other developed residential property" or "dwelling
unit(s)" as those terms are used in this Paragraph 14.
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RENTAL
15. Owner may not, except with prior written approval of the
l\.PCHA, and subject to APCHA's conditions of approval, rent the
property or Unit for any period of time. Prior to occupancy,
any tenant must be approved by the Homeowner's Association, if
applicable, and the APCHA in accordance with the income,
occupancy, and all other qualifications established by the
APCHA in its Affordable Housing Guidelines. The APCHA shall
not approve any rental if such rental is being made by Owner
to utilize the property or unit as an income producing asset,
except as provided below, and ,. shall not approve a lease with
a rental term in excess of twelve (12) months. A signed copy
of the lease must be provided to the APCHA prior to occupancy
by any tenant. Any such lease approved by the APCHA shall be
the greater of Owner's cost or the monthly rental amount
specified in the Affordable Housing Guidelines for units which
were constructed in the year in which the subj ect unit was
deed restricted at the appropriate income category. Owner's
cost as used herein includes the monthly expenses for the cost
of principal and interest payments, taxes, property insurance,
condominium or homeowners assessments, utilities remaining in
owner's name, plus an additional twenty dollars ($20) and a
reasonable (refundable) security deposit.
The requirements of this paragraph shall not preclude the
Owner from sharing occupancy of the Property or unit with non-
owners on a rental basis provided Owner continues to meet the
obligations contained in this Agreement, including Paragraph
12.
16. IN NO EVENT SHALL THE OWNER CREATE AN ADDITIONAL DWELLING
UNIT, AS DEFINED IN THE PITKIN COUNTY OR CITY OF ASPEN LAND
USE CODES, IN OR ON THE PROPERTY.
17. NOTHING HEREIN SHALL BE CONSTRUED TO REQUIRE THE APCHA TO
PROTECT OR INDEMNIFY THE OWNER AGAINST ANY LOSSES ATTRIBUTABLE
TO THE RENTAL, INCLUDING (NOT BY WAY OF LIMITATION) NON-
PAYMENT OF RENT OR DAMAGE TO THE PREMISES; NOR TO REQUIRE THE
APCHA TO OBTAIN A QUALIFIED TENANT FOR THE OWNER IN THE EVENT
THAT NONE IS FOUND BY THE OWNER.
BREACH
18. In the event that APCHA has reasonable cause to believe the
Owner is violating the provisions of this Agreement, the
APCHA, by it's authorized representative, may inspect the
Property or Unit between the hours of 8:00 a.m. and 5:00 p.m.,
Monday through Friday, after providing the Owner with no less
than 24 hours' written notice.
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19. The APCHA, in the event a violation of this Agreement is
discovered, shall send a notice of violation to the Owner
detailing the nature of the violation and allowing the Owner
fifteen (15) days to cure. Said notice shall state that the
Owner may request a hearing before APCHA within fifteen (15)
days to determine the merits of the allegations. If no
hearing is requested and the violation is not cured within the
fifteen (15) day period, the Owner shall be considered in
violation of this Agreement. If a hearing is held before the
APCHA, the decision of the APCHA based on the record of such
hearing shall be final for the purpose of determining if a
violation has occurred.
REMEDIES
20. There is hereby reserved to the parties hereto any and all
remedies provided by law for breach of this Agreement or any
of its terms. In the event the parties resort to litigation
with respect to any or all provisions of this Agreement, the
prevailing party shall be entitled to recover damages and
costs, including reasonable attorneys' fees.
21. In the event the Property or Unit is sold and/or conveyed
without compliance herewith, such sale and/or conveyance shall
be wholly null and void and shall confer no title whatsoever
upon the purported buyer. Each and every conveyance of the
Property or unit, for all purposes, shall be deemed to include
and incorporate by this reference, the covenants herein
contained, even without reference therein to this Agreement.
22. In the event that the Owner fails to cure any breach, the
APCHA may resort to any and all available legal action,
including, but not limited to, specific performance of this
Agreement or a mandatory injunction requiring sale of the
Property or Unit by Owner as specified in Paragraphs 3, 11,
13, and 14. The costs of such sale shall be taxed against the
proceeds of the sale with the balance being paid to the Owner.
23. In the event of a breach of any of the terms or conditions
contained herein by the Owner, his heirs, successors or
assigns, the APCHA' s initial listed purchase price of the
Property or unit as set forth in paragraph 6a of this
Agreement shall, upon the date of such breach as determined by
APCHA, automatically cease to increase as set out in Paragraph
6 of this Agreement, and shall remain fixed until the date of
cure of said breach.
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~361218 09~1(/93 ~6. Cnty Clerk, Doe $.00
Silvia DavlS, Pltkln
34. Further Actions. The parties to this Agreement agree to
execute such further documents and take such further actions
as may be reasonably required to carry out the provisions and
intent of this Agreement or any agreement or document relating
hereto or entered into in connection herewith.
35. Modifications. The parties to this Agreement agree that any
modifications of this Agreement shall be effective only when
made by writings signed by both parties and recorded with the
Clerk and Recorder of Pitkin County, Colorado. Notwith-
standing the foregoing, the APCHA reserves the right to amend
this Agreement unilaterally where deemed necessary to
effectuate the purpose and intent of this Agreement, and where
such unilateral action does not materially impair the Owner's
rights under this Agreement.
36. Owner and Successors. The term "Owner" shall mean the person
or persons who shall acquire an ownership interest in the
Property or Unit in compliance with the terms and provisions
of this Agreement; it being understood that such person or
persons shall be deemed an "Owner" hereunder only during the
period of his, her or their ownership interest in the Property
or Unit and shall be obligated hereunder for the full and
complete performance and observance of all covenants,
conditions and restrictions contained herein during such
period.
IN WITNESS WHEREOF, the parties hereto have executed this
::-~: on the d'Y~;:;; ~'t written.
Title: Tom Buesch. President
For:
Common Ground Housinq Association. Inc.
Mailing Address:
P.O. Box 11499
Aspen. Colorado 81612
STATE,OF Colorado
COUNTY OF Pitkin
)
)
)
ss.
The foregoing instrument was acknowledged before me this
day of SJfJI"/#JcMA , 19~, by -J{Jyyj f3DU!S;eA...
",\tlU1-Mt,.,u
"",,\~ .:lo 3 :"~itness my hand and official seal.
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expires: 1!-~---'1t- ~U./ '
Notary Public ~
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#361218 09/17/93 16:16 Ree $.O~ B~ 72:.6g
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/'
ACCEPTANCE BY THE ASPE~/PITKIN COUNTY HOUSING AUTHORITY
The foregoing Master Deed Restriction of the Aspen/Pitkin
County Housing Authority's Occupancy and Resale Deed Restriction,
Agreement and Covenant and its terms are hereby adopted and
declared by The Aspen/Pitkin County Housing Authority.
THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY
Jb~/1focb
Title: ~X.eCVL-j..,~ 'J),~c..-Jov
By:
)
)
COUNTY OF PITKIN )
The foregoing instrument was ack:nowledged before, me this (;3/ ~
day of A"'-juS1- , 19'93, by "-f1,Or>1IJ..S f"Y). 'BA../l~r- .
Witness my hand and official seal.
My co,..'..ion .xp'~' 1-;J,;Jj,r'r
NOt.ry~
STATE OF COLORADO
ss.
aL~
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Sllvla Davls, Pitkin Cnty Clerk, Doc $ 00
~-_.._-_._--
COMMON GROUND HOUSING EMPLOYEE HOUSING
EXHIBIT "B"
TO
THE ASPEN/PITKIN COUNTY
HOUSING AUTHORITY'S
OCCUPANCY AND RESALE DEED RESTRICTION,
AGREEMENT, AND COVENANT
1. The term "Permitted Capital Improvement" as used in the
Agreement shall include only the following:
(a) Improvements or fixtures erected, installed or
attached as permanent, functional, non-decorative improvements to
real property excluding repair, replacement and maintenance
improvements.
(b) Improvements for energy and water conservation.
(c) Improvements for the benefit of seniors and/or
handicapped persons.
(d) Improvements for health and safety protection
devices.
(e) Improvements to add and/or finish permanent/fixed
storage space.
(f) Improvements to finish unfinished space.
(g) The cost of adding decks and balconies, and any
extension thereto.
2. Permitted Capital Improvements as used in this Agreement
shall not include the following:
(a) Landscaping;
(b) Upgrades of appliances, plumbing and mechanical
fixtures, carpets, and other similar items included as part of the
original construction of the un~t;
(c) Jacuzzis, saunas, steam showers and other similar
items;
(d) Improvements required to repair, replace and
maintain existing fixtures, applicances, plumbing and mechanical
fixtures, painting, carpeting and other similar items;
(e) Upgrades or addition of decorative items including
lights, window coverings, and other similar items.
3. All Permitted Capital Improvements items and costs shall
be approved by the l\.PCHA staff prior to being added to the Maximum
Resale Price as defined herein.
EXHIBIT IIN"
GRANT OF A FISHERMAN'S EASEMENT
THIS GRANT OF A FISHERMAN'S EASEMENT is made and entered into this
15 day of S-e-p.-t~YY\ b-e,.- , 1993, by and between PITKIN COUNTY, a Home
Rule County (hereinafter referred to as "Grantor"), and the CITY OF ASPEN, COLORADO
(hereinafter referred to as "Grantee").
WITNESSETH:
WHEREAS, Grantor is the owner of certain real property described on the attached
Exhibit "A", Pitkin County, Colorado ("Property"); and
WHEREAS, Grantor is desirous of granting to Grantee a certain perpetual
fisherman's easement and right-of-way over and across said Property, along with access to
such easement under the terms and conditions hereinafter specified; and
WHEREAS, Grantee is desirous of accepting said fisherman's easement and right-of-
way, and access thereto.
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00)
and other good and valuabIe consideration, sufficiency of which are hereby acknowledged,
Grantor hereby dedicates to the use of the general public, a~' wide pedestrian easement
for the sole purpose of accessing the fisherman's easement granted herein. Such pedestrian
easement shall provide access from Lone Pine Road, through the parking lot and along the
eastern boundary of the property to the Fisherman's Easement as depicted on the attached
Exhibit "B". Grantor also hereby grants to the use of the general public for fishing purposes
only, a perpetual, non-exclusive easement and right.of-way along that portion of the above
described Property lying between the center line of Hunter Creek and a line which is five
(5) feet (measured horizontally) above the high water line of Hunter Creek. Grantor
reserves to itself the right to use and enjoy the easement area for all purposes which do not
interfere with the public fishing rights dedicated hereby.
Grantor represents that it has no knowledge of any recorded or unrecorded
agreements, easements or conveyances with respect to such Property which would preclude
use of the Property for a fisherman's easement as contemplated herein.
IN WITNESS WHEREOF, the parties hereto have executed the foregoing on the
day and year above first written.
APPROVED AS TO FORM:
GRANTOR:
PITKIN COUNTY
A Home e",C
By:
By:
(NotaIY Subscriptions Contained on page Two)
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---..------...----- - - -----------
----- - ----
STATE OF COLORADO)
) ss.
COUNTY OF PITKIN )
before me this /"\ It.. day of
A"", The foregoing instrument was acknowledged
'----.-7'1);t -t ..IJ ~ ,,1993 by the above-named Grantor.
Witness my hand and official seal.
My commission expires: 'J-';).(,-qy
common\fishennan.agt
#361218 09/17/93 16"16 R
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LOT LINE ADJUSTMENT AGREEMENT
THIS AGREEMENT is made this /5 day of S't'o-kmber , 1993
by and between COMMON GROUND HOUSING ASSOCIATIoN, INC. ("Common
Ground"), ASPEN PITKIN EMPLOYEE HOUSING, INC. on behalf of PITKIN
HOUSING AUTHORITY AND HUNTER LONGHOUSE ("APEHI") and PITKIN COUNTY,
a Home Rule Charter County (the "County").
WHEREAS, the County is the owner of two adjacent parcels of
land, described as Parcels 1 and 2 on the attach,ed Exhibit "A"; and
WHEREAS, Common Ground is the proposed lessee of Parcell for
purposes of providing an affordable residential housing complex and
APEHI is the current lessee of Parcel 2 for purposes of providing
an affordable residential housing complex; and
WHEREAS, the County wishes to effect a lot line adjustment
between the two parcels to create a more logical configuration of
parcels; and
WHEREAS, Common Ground and APEHI have agreed to such lot line
adjustment subject to certain use agreements related to the two
parcels; and
WHEREAS, the parties wish to formalize their understanding and
agreement related to such lot line adjustment.
NOW THEREFORE, for and in consideration of the foregoing
premises, the parties agree as follows:
1. Lot Line Adiustment. The common boundary between Parcels
1 and 2 shall be adjusted as depicted on Exhibit "B" to this
Agreement.
2. Shared Use of Portions of Parcels 1 '2. Common Ground
and APEHI agree to cooperate with one another on the use of certain
portions of the parcels, as follows:
a. Fishing Access Easement. There shall be a 10' wide
:fishing easement on Parcel 1to access the Fishing Easement
described below, as depicted on Exhibit "B", dedicated for public
access to Hunter Creek for purposes of fishing.
b. Fishing Easement. There shall be fishing easement
along the northern portion of Parcels 1 & 2 which includes the area
from the centerline of Hunter Creek to the high water line, more
specifically as depicted on Exhibit "B". The parties acknowledge
and agree that like the fiShing access easement set forth above,
this will be an easement dedicated to the public for purposes of
fishing in Hunter Creek.
c. Passive Recreational Use Area. There shall be a
designated "passive recreational use area" on Parcell, as depicted
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on Exhibit "B" for the exclusive use of Common Ground and Hunter
Longhouse residents. The parties expressly acknowledge and agree
that the respective residents' use of this area is subject to
compliance with all reasonable rules and regulations including
enforcement mechanisms, mutually agreed upon and adopted by Common
Ground and Hunter Longhouse residents from time to time.' In the
'event such rules and regulations are not complied with by one of
the resident groups, the other group shall have the right to
enforce compliance pursuant to the current rules and regulations.
d. Parkinq Lots and Trash Reeyelinq Faeili tV. The
parties have agreed to specific provisions related to the sharing
of the parking lots and ~rash facility, including access thereto,
as set forth in the Parking Lot Use, Maintenance and Improvement
Agreement attached as Exhibit "C."
Common Ground and APEHI hereby agree that they shall pay their
pro rata share of all maintenance costs related to this area, as'
mutually agreed upon between the two parties from time to time.
3 . rnsuranoe. Common Ground and APEHI agree to carry
liability insurance in an amount mutually agreed upon which will
list the County and each other as additional insured for purposes
of insuring those portions of Parcels 1 and 2 which are shared by
the parties.
4. CounterDarts. This Agreement may be executed in multiple
counterparts, each of which shall constitute an original but all of
which taken together shall constitute one and the same document.
The parties hereby state that this Agreement may be executed by
facsimile communication.
5. Enforoement and Attornevs Fees. This Agreement and its
enforcement shall be governed by the laws of the state of Colorado.
If any party is required to file an action to enforce any term or
provision of this Agreement, the prevailing party in such litiga-
tion shall be entitled to recover all costs including reasonable
attorney's fees.
IN WITNESS WHEREOF, the parties have executed this Agreement
on the day and year listed above.
COMMON GROUND HOUSING
ASSOCIATION, INC., a Colorado
:::p~,:rpOl'k~
Tom Bues6~, ~resident'
(Additional Signature Blocks on Page Three)
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PARKING LOT AND TRASK/RECYCLING FACILITY USE, MAINTENANCE
, IMPROVEMENT AGREEMENT
THIS AGREEMENT is made this ..l.:i- day of S -eOkmb-er , 1993,
, by and between the COMMON GROUND HOUSING ASSOCIAT:l:ON, INC. ("Common
Ground"), a Colorado non-profit corporation ("common Ground"),
ASPEN PITKIN EMPLOYEE HOUSING, INC., a Colorado non-profit
corporation, as agent for Pitkin County Housing Authority and
tenants of HUNTER LONGHOUSE ("APEHI") and Pitkin County, a home-
,rule Colorado County (the "County").
WIT N E SSE T H
WHEREAS, Common Ground and APEHI/Aspen-Pitkin Housing
Authority are lessees of parcels of contiguous real property, owned
by Pitkin County, located in Aspen, Colorado, described as Parcel
1 (leased by Common Ground) and Parcel 2 (leased by APEHI/Aspen-
Pitkin Housing Authority on behalf of Hunter Longhouse), more
specifically described on the attached Exhibit "A" and as shown on
the plat recorded in Plat Book ~ at Page &1 i and
WHEREAS, said parcels of real property are served by a parking
lot located jointly on Parcels land 2, accessed by Lone Pine Road
"Joint parking Lot", as well as two other parking lots, one located
on each of the Parcels which serve the lessee of the respective
parcels (collectively referred to as "Separate Parking Lots"); and
WHEREAS, the undersigned desire to establish an agreement
regarding the common use, maintenance and improvement of the Joint
Parking Lot and the Trash/Recycling Facility located next to the
Joint Parking Lot.
NOW THEREFORE, in consideration of the promises, covenants and
agreements hereinafter contained, ,the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
1. parldnq Lots. The parking lots are shown on the attached
Exhibit "B", labeled as (a) Joint Parking Lot, a portion of which
is presently established and in place, which will be improved as
shown on Exhibit "B",as part of the construction to be provided by
Common Ground in its construction of condominium units on Parcel 1
("Joint Parking Lot"); (b) Parcell Parking Lot, and (c) Parcel
2 Parking Lot.
2. Reserved Parkinq spaces. The parties acknowledge and
agree that Common Ground and Hunter Longhouse residents shall have
reserved parking spaces in the three parking lots as designated on
Exhibit "B".
3. Reciprocal Access Easement. Access to the Parking Lots
are from Lone pine Road. The County and Common Ground hereby grant
to APEHI/Hunter Longhouse an exclusive easement for the purpose of
ingress and egress to and from the Joint Parking Lot and Parcel 2
Parking Lot and those parking spaces designated as reserved spaces
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for Hunter Longhouse ("HL") on Exhibit "B", over and across that
portion of Parcel 1 necessary for such access. The County and
APEHI/Hunter Longhouse hereby grant to Common Ground an exclusive
easement for the purpose of ingress and egress to and from the
Joint parking Lot and Parcel 1 parking Lot and those parking spaces
designated as reserved spaces for Common Ground ("CH") on Exhibit
"B", over and across that portion of Parcel 2 which is necessary
for such access.
4. Use of Parking Lots. Parcell Parking Lot and Parcel 2
Parking Lot are to be used exclusively by ,Common Ground and Hunter
Longhouse residents, respectively. The Joint Parking Lot is to be
shared by Common Ground and Hunter Longhouse residents ("Users")
and such use of the Joint Parking Lot (ie., the number of spaces
per User party) shall be the basis for the contributions to the
expenses of improvements and maintenance, determined to be as
follows:
(a) The ratio of use is initially Common Ground at 48% (11 of
23 spaces) and Hunter Longhouse at 52% (12 of 23 spaces).
(b) Assessment contributions in the appropriate ratio may be
allowed to be cash or in-kind services, to the extent and
in a value as mutually agreed upon and determined by the
Users from time to time.
5. Improvements to Joint parkinq Lot. Improvements to the
Joint parking Lot will be as set forth in the plans prepared by
Common House and approved by the city of Aspen in its approval of
the Common Ground condominiumization.' l\.llcosts of such
improvements shall be borne solely by Common Grouhd, unless APEHI
agrees in advance to share in the cost of certain improvements
which will benefit Hunter Longhouse. l\.ny future Joint parking Lot
'improvements, including signage, landscaping, lighting, resurfacing
or lining, shall be made only upon mutual agreement of the parties.
6. Maintenance of Parkinq Lots. The Parcel 1 Parking Lot
shall be maintained by Common Ground and the Parcel 2 Parking Lot
shall be maintained by APEHI/Hunter Longhouse. Common Ground and
APEHI/Hunter Longhouse shall share in the cost of regular
maintenance, including but not limited to, snowplowing, clearing of
debris, and landscaping maintenance of the Joint Parking Lot
according to the ratio established in Paragraph 4.
7. Restrictions. The parties agree that the parking Lots,
as herein described, are for the exclusive use of Common Ground and
Hunter Longhouse for the purpose of parking residents' vehicles.
Limitations on such use are:
(a) Vehicles determined by the Manager to be abandoned shall
be towed away.
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(b) No overnight campihg or recreational vehicles shall be
left in the parking Lot for longer than twenty-four (24)
hours without prior consent of the parties.
8. Trash/ReCvclinq Facilitv. The Trash/Recycling Facility
shall be located next to the Joint Parking Lot as shown on Exhibit
"B." This Facility shall be shared by residents of Common'Ground
and Hunter Longhouse. Sharing of costs related to maintenance of
the Facility shall be based upon the number of bedrooms. Common
Ground shall be responsible for 44.7% (42 of 94 bedrooms) and
Hunter Longhouse shall be responsible for 55.3% (52 of 94
bedrooms) .
9. Manaaer. Common Ground and Hunter Longhouse shall
appoint a manager who shall have authority to act on behalf of
these parties for the limited purposes of contracting f9r the
snowplowing, snow removal, signage and lining of the Joint parking
Lot and maintenance related to the Trash/Recycling Facility. The
Manager's work shall be considered in-kind services for contribu-
tion to assessments as described ih paragraph 3 above. The initial
Manager shall be the a representative of Common Ground, with time
estimated at one hour per week, or $60.00 per month, to include
monitoring of use. The Users shall alternate appointment of a
manager from each of their groups each year, commencing January 1.
10. Assessments. Common Ground and APEHI/Hunter Longhouse
shall share in assessments according to the ratio per Paragraph 4
above. The Manager shall provide notice to these parties setting
forth the amount owed for expenses pursuant to this Agreement
quarterly. In the event a party fails to pay any portion of the
expenses, or provide in-kind services, for which such party is
responsible within fifteen (15) days after such notice is mailed to
the party, the amount due shall bear interest from and after the
due date at the rate Of eighteen percent (18%) per annum, and the
Manager or any of the parties may commence an action for collection
of the amount due. The defaulting party or parties shall pay all
costs of collecting the amount due, including reasOnable attorney's
fees and costs.
11. Indemnification and Liability Insurance. Each party
hereby agrees to release, indemnify and hold each other harmless
from any claims for damage or injury related to the use of this
Parking Lot by guests, agents, licensees or invitees of any party.
Each party further agrees to maintain in full force and effect at
all times a policy of general liability insurance covering the
Parking Lot areas with each of the parties named as co-insureds, in
amounts mutually agreed upon by the parties.
12. Notices. Notice, as herein required, shall be deemed
delivered upon being placed in the U.S. Mail, postage prepaid, and
bearing the address of the party or parties as shown below:
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481
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
+^
The foregoing was subscribed and sworn to before me this /5" -
.-'4>f .5~, ,1993, by Tom Buesch, President, and (/I'Id1-e../O' 6i~1/11.
~~~i~~ry of Common Ground Housing Association, Inc..
~, ~" -i.(~,
.:f~O ................-;.", ~
l~/ :'\6n";~\ess my hand and official seal.
lot f)\ vMf ~mmission expires: 11-6~tJ(P
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"",,:7J7~f'IT- pf COLORADO )
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.......u"', ss.
COUNTY OF PITKIN )
oM.
The foregoing was subscribed and sworn to before me this /5-
dayof~0u-, 1993, by IAM/1P 5In!/c.P- ,
as ,-- at Aspen Pitkin Employee Housing,
Inc.
Witness my hand and official seal.
",,,,~c9mmission expires: II-&-tlr;, ,
i"'l"'~'., 4. ""4lJ #.g,B " ff ~~ ~
/"~P~~"'''_'~.(;'''''f.' ", (/ft4 vU -'5-'J jV..-<----
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} ! S~~ $cOI.ORADO )
j ).AliV1.~ ' /;ti ) ss.
"; ~IlNTY..,,.(M 'ITKIN )
.,'. .~"ioi"'\~~',~
,\lIh'&' foregoing was subscribed .and sworn to before me this Is. -
day !'f C;~l'g7ukA.., 1993, by /3/11 --;t{,/~e... ,
as ('Ada/lWl..~ '/,3 0 Cc.. of Pitkin county.
Witness my hand and official seal.
..,\\,~,~"uutJ~d: ,commission expires:
....\\\:"'\o~ :10 :\0."'+
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Notary Public (/
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#361219 09/17/93 16:20 Rec $.00 BK 724 PG 482
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
Common Ground:
Hunter Longhouse:
APEHI
Pitkin County:
PO Box 11499
Aspen, CO 81612
c/o Aspen/Pitkin Housing Authority
530 E. Main street
Aspen, CO 81611
c/o Aspen/pitkin Housing Authority
ATTN: Terry Kapelli
530 E. Main street
Aspen, CO 81611
Timothy Whitsitt, Esq.
county Attorney
530 E. Main street
Aspen, CO 81611
13. Amendment and Termination. This Agreement shall continue
in full force and effect until amended or terminated by a written
instrument executed by the parties hereto.
14. Successors and Assians. This Agreement shall be binding
upon and inure to the benefit of all successors or assigns of the
parties hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement
on the day and year first above written.
Attest:
By: \/VVVv..r J.-Ov ~"""e~
secretary
Attest:
By: \J'\\\e...u.:",,--, ~
Secretary
By:
PITKIN
Charter
Rule
By:
(Notary Blocks Contained on Page Five)
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EASEMENT AGREEMENT
TIUS EASEMENT AGREEMENT is made this ')q4/ day of q.c...q~
1993 by and between PITKIN COUNTY, a Colorado Home Rule Charter
County ("County"), Common Ground Housing Associates, Inc. (Common
Ground"), and ODEN ENTERPRISES, a general partnership ("Oden").
WITNESSETH:
WHEREAS, the County owns certain real property located in the
City of Aspen as described on Exhibit "A" attached hereto
("County's property"); and !
WHEREAS, Common Ground is the proposed Lessee of the County's
Property for purposes of constructing an affordable hcu~ing project
("Project"); and
WHEREAS, Oden owns certain real property located in
of Aspen as described on Exhibit "B" attached hereto
Property") which is adjacent to County's Property; and
WHEREAS, the County, Common Ground and Oden desire to
formalize their agreements related to certain reciprocal easements,
as described herein, and to formalize their agreement related to
re-alignment of a driveway and landscaping on Oden's Property.
the city
("Oden's
NOW THEREFORE, for and in consideration of the promises and
covenants contained herein, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
1. Reciprocal Utility Easement. The County hereby grants
and conveys to Oden and Oden hereby grants and conveys to the
County a perpetual easement 10 feet in width, on each party's
property , respectively, on either side of the common property
boundary line and as the utility lines traverse Oden's property to
Red Mountain Road as shown as Exhibit "C", for the limited purpose
of constructing, repairing, operating and maintaining underground
utility lines with underground conduits and equipment used in
connection therewith, whether such utilities are used jointly or
separately. Utilities may include but need not be limited to
water, sewer, electric, cable TV, telephone and natural gas. The
respective easements are granted together with the right to remove
and replace any and all vegetation within the easements, when such
is reasonably necessary for the implementation and use of the
rights granted herein. After the exercise by either Oden or the
County of any of the rights herellnder, the user shall promptly-
restore the surface of the ground to its former condition, as
nearly as is practicable, and shall promptly replace any and all
trees, bushes and vegetation removed or damaged by the user. The
parties agree to further execute any and all documents necessary
for various utility companies in order to install, construct or
repair utilities.
,-..
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2. Oden's Water Tap. The County acknowledges and agrees
that Oden shall have the right to tap into the water service lines
in the above-referenced utility easement at its sole expense, which
service lines shall be installed at no expense to Oden, on or
before October 1, 1993, in the approximate location of the
northwest corner of the county's Property, as depicted on Exhibit
"C". Oden acknowledges that upon partial demolition of the
existing improvements on the County's property, its existing water
service will be eliminated. Oden. shall be responsible for
reconnect ion of its water service, at its expense.
3 . Access. The parties hereby grant reciprocal access
easements in the general location of the intersection of Lone pine
Road, the SW corner of the County's Property and the SE corner of
Oden'sProperty as necessary to access their respective properties,
as shown on Exhibit "C". '
4 . Dr i vewav and Landscapinq on oden' s Property. Oden agrees
to realign its existing driveway, at its expense, onto its
property. The alignment of a portion of Oden's driveway is to be
determined by Oden upon construction of the Project. Common Ground
agrees to cooperate to provide a landscaping buffer between Oden's
driveway and the Project, to be maintained at Common Ground's
expense, satisfactory to Oden. The schedule for Oden's driveway
construction will be coordinated with the construction schedule for
the Common Ground project on the County's Property and Common
Ground shall cause all preparation of the Oden driveway site and
relocation to be completed, at oden's expense.
5. Drainacre. The parties acknowledge and agree that a
portion of Oden's existing driveway has historically provided
drainage for both parties' properties. To continue to allow
sufficient drainage, Oden hereby grants to the County a drainage
easement five (5) feet in width on the westerly side of the abOve-
referenced utility easement, as shown on the attached Exhibit "C".
Common Ground shall, at its expense, engineer and provide whatever
drainage improvements are necessary to accommodate the historic
drainage needs. The location and extent of this drainage easement
may be modified by Odenin the future so long as the drainage needs
of the county's Property are properly handled.
6. Insurance. The parties agree to maintain liability
insurance for any and all injuries occurring on or related to the
reciprocal easements granted herein.
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IN WITNESS WHEREOF, the parties have executed this Easement
Agreement on the day and year written above.
COMMON GROUND HOUSING
ASSOCIATES, INC.
COu~
BY:~n14~A-~
By:
ODEN ENTERPRISES
A General Partnership
BY:~'lC.~ Ql'{~~~
Nancy c. Oden 1- '
General Partner
cornmon\easement.agt
STATE OF COLORADO
ss.
COUNTY OF PITKIN
The foregoing Easement Agreement was subscribed and sworn to before me
by Nancy C. 00en, this~ day of August, 1993.
Witness my hand and official seal.
My """''"'''' """in"" 8 -u,- "'i ~~
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The :fOregoing Easement, Agreement, was 'subscribed and sworn to before me
by r/-lt;itV\ftS 14-. 6U,):SCA'/ of the Carmon Ground Housing Associates,
Inc. this 3f'O day of September, 1993.
Witness my hand and official seal.
My Ccmnission expires: 11-<0 -Oz(.,
'.~~?1J~
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing Easement, Agreement was subscribed and sworn to before
me by tv--av"'- I="v\\Q.y, of pitkin county, a Colorado Hane RUle
Charter CountY this:?v--{day of September, 1993.
Witness my hand and official seal.
My ccmnission expires: 3 / C( J f( ( - 3-
, l~trJJlt" 11-- '~4'{f
NOtary Public
I"'"
f"'\
MEMORANDUM
TO:
LESLIE LAMONT, PLANNING OFFICE
LARRY BALLENGER, WATER ~FNI
AUGUST 26, 1993 ~
FROM:
DATE:
SUBJECT:
COMMON GROUND HOUSING DEVELOPMENT
The Water Department has reviewed the plans submitted for the Common Grounds Affordable
Housing Development. We have no outstanding issues associated with the water mainline
infrastructure as planned. Our Department has been working with their Engineer for over a year
on this Project.
The development must abide by all provisions of our City Code pertinent to Water Utility
Application, Construction, Connection and Use.
LB:ll
\1ablO\comntongrd.pln
I"'"
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MEMORANDUM
TO: GEORGE ROBINSOf ~~ ~
FROM: MARK FULLER ~
RE: COMMON GROUND PARK DEDICATION FEES
1\'
I"\ub
DATE: August 6, 1993
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This is to verify our conversation yesterday regarding the Park
Dedication Fee obligations of Common Ground, Inc. As I understand
it, Common Ground is planning to pave the section of trail between
Puppy Smith street and the Roaring Fork Bridge, thereby providing
a paved trail link from the Mill Street station area to the Rio
Grande Trail. We have budgeted $5,000 to accomplish this work. We
expect this work to be accomplished in september or early October.
specifications for the work will be coordinated with Pat Duffield
to assure conformance with City standards. We will provide you with
an accounting of the actual cost.
The balance of the Park Dedication Fee for this project is around
$12,400. The Common Ground group will provided services in lieu of
this fee by acting as a labor pool for the city Parks and Trails
Department. The Common Ground Group will make a commitment to
provide 1,240 hours of volunteer labor over the next three years
on proj ects to be chosen by the city and scheduled with Common
Ground. projects may include cleaning, sweeping and other light
trail maintenance, weed control, litter control, volunteers at
various Parks or Trails activities, tree, shrub and other
vegetation trimming, general labor, simple carpentry, painting,
sOd-laying, and similar non-technical activities. Common Ground
will appoint a liaison to act as your contact and to keep track of
volunteer hours. If, at the end of the three-year time period
(starting with occupancy of the Project), an obligation remains,
Common Ground will make a cash payment for the outstanding
difference.
Please let me know if this is not satisfactory or inconsistent with
your understanding. If this is satisfactory, I would appreciate
your conveying your approval of this arrangement to Leslie Lamont
and Bill Drueding of City Planning and Zoning. Thanks for your
assistance and cooperation.
cc: Marsha Goshorn, Common Ground
Leslie Lamont
Bill Drueding
~
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,
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MESSAGE DISPLAY
TO Leslie Lamont
From: Rob Umbreit
Postmark: Jun 24,93 10:17 AM
SUbject: Reply to: co-housing
------------------------------------------------------------------------------
Reply text:
From Rob Umbreit:
$38,045 was approved by City Council to be spent out of the
Housing/Daycare Fund(account number 15001-45006-82000)to pay for Park
Dedication/open Space Assesment fees for the Common Ground Housing
Project on March 22, 1993. The money was officially appropriated for
expenditure on Appropriation Ordinance # 31 June 14, 1993.
I will do a journal entry to record expense in the Housing Daycare
Fund and revenue in the Parks and Open Space Fund for these codes.
Preceding message:
From Leslie Lamont:
could you please CEO me with the $ and date of transfer from
housing/day care to parks for their park develpment impact fee.
thanks
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TO:
THRU:
THRU:
FROM:
RE:
DATE:
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MEMORANDUM .
Mayor and Council
Amy Margerum, City Manager
Diane Moore, City Planning D~'
Leslie Lamont, Planning
Common Ground Housing Association - Subdivision, GMQS
Exemption, Lot Line Adjustment, Condomininmi7.ation and Vested
Rights for 21 Fully Deed-Restricted Dwelling Units, Second Reading
Ordinance 8, Series of 1993
March 22, 1993
.
-----------------------------------------
-----------------------------------------
SUHMARY: This, item was tabled frOm the March 8, 1993 meeting, in
order for the applicant's to confirm the lot line adjustment with
their adjacent neighbors, Hunter Longhouse.
The applicant's, Common Ground Housing Association represented by
Randy wedum, propose to develop 21 fully deed-restricted dwelling
units on the property that was once the community center.
Subdivis~on, a lot line adjustment, GMQS Exemption for affordable
housing, condominiumization, and vesteCl rights are required review
by Council for this application.
The Planning and Zoning Commission reviewed the application and
recommends to Council approval of the subdivision and GMQS
Exemption for affordable housing.
Please see attached Ordinance 8, Series of 1993, Exhibit A.
PREVIOUS COUNCIL ACTION: Council approved the rezoning of this
parcel from Public to Affordable Housing in November of 1991.
Council approved first reading of Ordinance 8, Series of 1993 at
the: February 8, 1993 meeting.
BACKGROUND: When the, County', began the development of the new
Health and Human Service building; potential redevelopment of the
Community Center site became eminent. Several housing development
scenarios were reviewed for the site. The CGHA group, working
through the Housing Authority, proposed using this site for co-
housing. The BOCC and the Housing Authority, acknowledging CGHA's
intent, agreed to let the group submit. a proposal for review.
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CURRENT ISSUES:
A. Site Description - The parcel is approximately 85,944 sq. ft.
The existing building is approximately 21,700 sq. ft. The parcel
is zoned Affordable Housing and is adjacent to the high density
Hunter .creek and centennial neighborhood which is zoned R/MFA.
Single family housing is located behind the parcel at the base of
Red Mountain. The parcel is oddly shaped. A "dog-leg" portion of
the parcel extends behind the Hunter Longhouse addition along
Hunter Creek but will be traded to Hunter Longhouse for a greater
side yard area via a lot line adjustment. The west parking lot for
Hunter Longhouse encroaches onto the Community Center parcel and
half of the spaces in that lot will be used by CGHA upon
development.
The applicants intend to retain approxiIr.ately 5,794 sq. ft. of the
existing building, which is the two story kitchen and meeting
rooms. This portion of the existing building will be renovated as
a Common House. The Common House will include laundry facilities;
common kitchen, storage, lounge/library and 2 guest rooms.
Please see attached site plan and common house proposal, Exhibit
B.
B. project summary - The applicants propose to construct 21 fully
deed restricted dwelling units: eight 622 sq. ft. 1 bedroom units,
five 975 sq. ,ft. two bedroom units, and eight 1,216 sq. ft. three
bedroom units. unit mix and sizes were derived by actual
participants of the project taking into account the ,guidelines of
the Aspen/Pitkin county Housing Authority. Please see development
data, Exhibit c.
This project has been designed to be consistent with several goals
and objectives that have been adopted by the city. The Common
Ground housing proposal helps to create a housing environment which
is dispersed, appropriately scaled to the neighborhood and
affordable.
Because the Common Ground group is comprised of various income
levels and age groups, the proposal is consistent with the
community goal to encourage and maintain the existing character of
the ,community.
The site is within close proximity to, community services and
important bike/pedestrian and 'mass transit routes. These benefits
support the goal of development that is non-auto oriented. Thirty-
two parking spaces are proposed for the development which is 1.5
spades per dwelling unit.
The development review of this proposal is
adjustment, condominiumization and GMQS
affordable housing.
subdivision, lot line
Exemption for 100%
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c. Park Development Impact Fees - Pursuant to Section Division 6
of the Municipal Code, park development; impact fees shall be
assessed on all development in the city of Aspen which creates
additional bedrooms in residential dwellings, lodges, hotels, bed
and breakfasts, boardinghouses, roominghouses or dormitories and
on all development which creates additional commercial or office
space. In addition, City Council may exempt affordable housing
from payment of park development impact fees but this fee has not
been waived for previous affordable housing projects.
According to the revised fee schedule (revised January 1, 1993) the
Common Ground Housing Association owes $53,045.
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In lieu of paying the impact fee, the applicants have offered to
dedicate to the City appro"imately 1 acre of county owned land
located on either side of Red Mountain Road. The land goes down
to the Roaring Fork and is part, of the recently approved
pedestrain/bike path under Mill Street and the new bridge
connecting to the ACSD property.
The parks and Planning Departments do not recommend acceptance of
this acre of land in-lieu of the park development impact fee. The
land is already pUblic land and has been improved. The Parks
Department does not envision more improvements to this area.
The applicants have also offered to dedicate a fishermen's easement
on Hunter Creek and access to the easement across their property.
Staff does not support this exchange because the subdivision
process enables the procurement of a fishermen's easement and
access have been requested.
However, the Parks Department does need to finish the Rio Grande
trail between the Post Office and the new ACSD link. To finish the
trail will cost approximately-$15,OOO~ If the applicants agree to
dedicate their time to that effort, staff recommends a $15,000
reduction in the park development impact fee for this project.
The applicants are still working with the Parks Department to
identify other projects in-lieu of the development impact fee.
If Council accepts these in~lieu projects, staff will work with the
applicants to finalize work schedules and details of the exchange
and then bring back to Council the details of the project as an
informational item. Council may also authorize staff to continue
to ork with the applicants to reduce the,ir impact fees.
All proposals for a reduction in fees shall be finalized prior to
filing the final subdivision plat and will be included within the
subdivision agreement.
D. Applicable Review - Please see attached Exhibits D, E, F, and
G for specific review standards.
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RECOMMENDATION: The Planning and Zoning Commission recommends
approval to Council of subdivision and for the development of 21
fully deed restricted units for Common Ground Housing with the
following conditions:
1. Prior to council review, the applicant shall submit a revised
site plan that clearly shows the right-of-way and proposed
development, revised driveways and access to the parking lots, and
the revised Red Mountain Road intersection servicing the single
fami~y residence. A site plat has been submitted.
2. Prior to Council review the applicant shall submit a revised
storm drainage plan. This has been aooomplished.
3. Prior to the issuance of any building permits:
a. A final plat and SUbdivision agreement, to be reviewed and
approved by the Engineering and Planning Departments and City
Attorney, shall be recorded within 180 days of final approval;
b. The final subdivision plat shall be submitted in accordance
with section 24-7-1004.C and D of the municipal code and shall
include:
i. statement determining basis of bearings;
~~. a statement to the effect that title policy number
dated , was used in preparation of this survey plat
all easements of record are shown on plat;
~~~. metes and bounds descriptions for all easements and
their book and page numbers if an easement agreement has been
recorded, including the new Landscaping/Visual and Passive Use
Easement, and verification that the lot line adjustments do
not affect any easement agreements in place;
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and
iv. language dedicating the right-of-way which may be eighty
(80) feet wide or a width agreed to and determined with the
City Engineer and/or the City Attorney;
v. all existing site improvements, including streets;
vi. owner and title certificates for Hunter Longhouse; and
vii. the access easement for Hunter Longhouse.
c. The applicant shall submit a drainage analysis performed by an
engineer registered in the state of Colorado to the Engineering
Department.
d. The appligant shall submit an irrigation plan to be reviewed
and approved,by the Water Department.
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4. An excavation permit is required for any work in the pUblic
right-of-way.
5. Prior to final approval a revised site drawing shall be
approved by the E~gineering Department and filed with the
subdivision plat. The site drawing' shall include the sidewalks
(for Lone pine Road), curb and gutter. A site development plan
has been submitted but is not complete. Therefore, prior to the
i,ssuance of any building permits a completed development plan shall
be reviewed and approved by the Engineering Department.
6. All public improvements to serve the project will be borne by
the applicant.
7. The applicant shall adhere to the all representations made in
the application an~ during the review process.
8. stream margin'review shall be required if future development
including decks or gazebos are proposed within 100 feet of the high
water line.
9. The applicant shall submit detailed plans to the Aspen
Consolidated Sanitation District office for' a tap PElrmit. No clear
water connections maY be made to the District I s system. The
kitchen in the Common House shall have a grease interceptor'with
a capacity approved by the District. Prior to connection to the
sanitation system, all sanitation district fees must be paid.
10. Prior to first reading and/or January 26, 1993 the applicant
shall place story poles on the site for the back two unit pods to
indicate building heights and widths and potential impacts to view
planes and sun loss upon the neighborhood. This has been
accomplished. '
11. The following changes shall constitute a substantial change
to the approved subdivision:
reduction of open space, additional bedrooms, and
additional square footage to the common house.
12., The guest rooms shall not be used as lodge rooms or dormitory
rooms.
13. Prior to filing the final plat, all proposals for a reduction
in park development impact fees shall be approved by the Parks
Department and shall be included within the subdivision agreement.
The Commission also recommends approval to Council of the GMQS
Exemption with the following condition:
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1. Prior to Council review, income categories and unit prices
shall be confirmed. This has been accomplished, please see Housing
Referral comments Exhibit R.
2. Prior
restrictions
Authority.
Staff recommends approval of the lot line adjustment and
condominiumization with the following condition:
to the issuance of
shall be reviewed
any building permits, deed
and approved by the. Housing
1. The applicants shall dedicate a fisherman' seasement for Hunter
Creek for a width of five feet along the bank adjacent to the
property and five feet into the water. The applicants shall also
dedicate 'a pedestrian access easement to the dedicated fishermen's
eaSement. Said easements; shall 'be identified, on the final
subdivision plat.
(Because the applicant is involved in subdivision they have elected
to proceed with condominiumization based upon the ,current Code.
Because the development is fully deed restricted, a housing impact
fee is not required and all units within the affordable housing
inventory require 6 month deed restrictions.)
PROPOSED MOTION: "I mOye to approve the subdivision, GMQS
Exemption and Vested Rights for 21 af,fordable housing units for the
Common Ground Housing Association as recommended by the Planning
and Zoning Commission with the conditions outlined above and
amended by staff."
"I move to approve the condominiumization and lot line adjustment
of the Common Ground Housing Association with the condition
outlined above."
"I move to. adopt ordinance 8, Series of 1993."
CITY HANGER COMMENTS:
EXHIBITS:
A. Ordinance 8, Series of 1993
B. Site Plan and Common House
C. Development Data
D. Subdivision Review criteria
E. Lot Line Adjustment Review Criteria
F. GMQS Exemption and Vested Rights Review criteria
G. Condominiumization Review criteria
H. Referral Comments
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COMMUNITY CENTER SITE PROPOSAL
PLANNI-' tiONING COMMISSION
, INa;.xHIBIT , APPROVED
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Dimensional Requirements
Criterion AH Zone
Proposal
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1. Hinimun Lot Size 3,000 sq. ft
88,661 sq. ft.
2. Hinimun Lot Area/Unit
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1 bedroom,1250 sq.ft
8 units = 10,000 sq. ft.
2 bedroom ,2100 sq. ft.
5 units = 10,500 sq. ft.
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3 bedroom, 3,630 sq. ft.
8 unit = 29.040 sq. ft.
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49,540 sq. ft.
88,661 sq.ft.
External Floor Area Ratio ;
Multi Family 43,561 sq. ft. to 3 acres
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ALLOWABLE FAR 88,661 x .36 = 31,918 sq.ft
PROPOSED FAR 1 bedrooms 627 x 8
2 bedrooms 997 x 5
3 bedrooms 1195 x 8
Common House
TOTAL PROPOSED FAR
= 5016
= 4985
= 9560
= 5000
24,561 sq. ft.
TABLE 1
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DEVELOPMENT DATA
NUlIIber unit Type
3 1 bedroom,l bath
4 1 bedroom, 1 bath
1 1 bedroom,l bath
3 2 bedroom, 2 bath
2 2 bedroom, 2 bath
4 3 bedrc;,om,2 bath
4 3 bedroom, 2 bath
TOTAL EMPLOYEE UNITS 2l
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Category Unit Size
eat 1 627 sq. ft.
eat 2 627 sq. ft.
eat 3 627 sq. ft.
Cat 2 997 sq. ft.
Cat 3 997 sq. ft.
Cat 2 l,l95 sq. ft.
eat 3 l,1.95 sq. ft.
TA.BLE
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July 30 , 1992
Resident Generation and K-12 School Children Estimate
Common Ground Project
Aspen/Pitkin Housing study- Final Report, J'uly 1991
pg.5 Tab1e 1- All Respondents living/working in Pitkin County
Merged 1990-91 Data ( 1,876 responses)
Household Size
Average number of Adults
'Average number of Children
Average Household Size
= 2.0
= .6
=2.6
Kids in School
21 deed restricted units
= 9.25 'kids
9.25 kids total
Residents Generated ( Table 11l-A calculations for Resident
Generation, APCHA Guidelines April 90 through April 91 pg.4)
Employee units
No units # bed/unit res ./uni t kids/unit kids
8 1 1.75 0 0
5 2 2.25 .25 1.25
8 3 3.0 1.0 8
9.25 kids
TOTAL NUMBER OF RES!DENTS
,49.25
TOTAL NUMBER OF KIDS
9.25 kids
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EXHIBIT D
Subdivision In order to develop mUlti-family housing on a
single parcel a developnieI)t plan must be reviewed pursuant to
subdivision section 7-1004.
section 7-1004 C.1. outlines the General Requirements for
subdivision as follows:
The proposed development shall be consistent with the
Aspen Area Comprehensive Plan.
RESPONSE: The proposal is a mUlti-family development permitted in
the AH zone district. The project is consistent with the Aspen
Area comprehensive Plan because it disperses affordable housing
among the city's existing residential neighborhoods. The proposal
is also consistent with the recommendations of the Housing Sub~
Committee that has worked on the Aspen Area Community Plan. The
Committee identified the site for affordable housing.
L (a)
(b) The proposed subdivision shall be consistent with the
character of existing land uses in the area. '
RESPONSE: The project is consistent with the character of the
neighborhood. The surrounding land uses are mixed residential
including high density multi-family adjacent to the site.
(c) The proposed subdivision shall not adversely affect the
future development of surrounding areas.
RESPONSE: The proposed multi-family is supported by extensive
infrastructure improvements that were made or in the case of
sidewalks, are proposed to support high density development,
Except for the Mocklin property, the surrounding neighborhood is
essentially built out. Therefore the proposed development should
have little effect on future development potential of neighboring
properties.
(d) The proposed subdivision shall be in compliance with all
applicable requirements of this chapter.
RESPONSE: This proposal is 100% deed restricted and is in
compliance with the AH zone district requirements. The proposal
i~ not in conflict with any other sections of the Land Use Code.
Pursuant to Section 7-1004 C. 2 - 5, the pertinent subdivision,
requirements are as follows:
2. (a) Land Suitability - The proposed subdivision shall not
be located on land unsuitable for development because of
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flooding, drainage, rock or soil creep, mudflow, rock
slide, avalanche or snowslide, steep topography or any
other natural hazard or other condition that will be
harmful to the health, safety, or welfare of the
residents in the proposed subdivision.
RESPONSE: The existing building will be demolished and asbestos
removal carefully monitored. The two story portion of the old
building will be preserved and renovated for use as a common house.
The property ,is virtually flat. Existing vegetation will be
preserved. There are no natural hazards that exist on the site
that would endanger the welfare of future residents. However, the
applicant'shall work with the Engineering Department to ensure that
historic drainage patterns are maintained.
(b) Spatial Pattern - The proposed subdivision shall not be
designed to create spatial patterns that cause
inefficiencies, duplication or premature extension of
,public facilities and unnecessary public costs.
RESPONSE: There are no unnecessary public costs associated with
this proposal. All utilities are available near the site. All
pUblic improvements to serve the project will be borne by the
applicant.
3 & 4. Improvements and Design Standards - following is a review
of the relevant sUbdivision standards:
(a) WATER - The City water system has sufficient capacity to
accommodate the project for both domestic and fire protection
needs. Tap fees may be required for the renovation of the
common house and separate taps and meters for the residential
units may be required.
(b) SEWER The Aspen Consolidated Sanitation District
currently has sufficient line and treatment capacity to serve
the project. The applicant shall submit detailed plans to the
District office for a tap permit.
No clear water connections may be made to the District I s
system. The individual buildings may require six inch service
lines. The kitchen in the Common House must have a grease
interceptor with a capacity approved by the District. All
fees must be paid to the District prior to connection to the
system.
(c) ELECTRrC, TELEPHONE, NATURAL GAS AND CABLE TV - All
required extensions will be located underground.
(d) EASEMENTS - An access easement will be provided for
Hunter Longhouse residents to park on the east side of the
shared parking lot between the Co-housing development and
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Hunter Longhouse. The easement shall be 'included in the
subdivision agreement and depicted on the final plat.
The applicant shall also dedicate a fishermen's easement for
Hunter Creek and a pedastrian access to that easement through
their property. These easements shall be ~dentifies on the
final subdivision plat.
(e) SXDEWALlt, CURB, AND GUTTER, - Section 19-98 of the
Municipal Code requires' construction of sidewalks for new
construction in areas indicated on the adopted sidewalk, curb
and gutter plan, similar requirements of the land use code
notwithstanding. Sidewalks (along Lone Pine Road), curbs and
gutters are required at the time of construction. The curbs
and gutters shall align with the existing curb and gutter on
Lone Pine Road.
(f) FIRE PROTECTION -
would strongly suggest
reasons.
The Aspen Fire Protection District
sprinkled units for life safety
(g) DRAINAGE - A drainage plan, meeting the requirements of
section 24-7-1004.C.4.f must be provided by an engineer
registered in the State of Colorado a;nd submitted to the
Engineering Department.
The storm drainage plan provided in the application must be
modified so that the drainage from the parking lot does not
enter onto the pUblic ROW. The engineers need to comment on
the functional aspects of the facility in order to determine
that it can be cleaned for continual, proper performance.
(h) STREET LXGHTS - Street lights may be required at the time
of development. The applicants shall work with the city to
determine location and design of lighting. Low level
pedestrain lighting from the parking area to the dwelling
units must be provided and included on the site plan that is
filed with the subdivision plat.
(i) STREETS - A revised site drawing must be provided that
clearly shows the right-of-way and proposed development. It
appears that the eighty foot right-or-way dedication may be
in conflict with the parking lot.
The two driveways for the property do not meet the standards
of the municipal code. Section 19-101 allows for one eighteen
foot wide curb cut or two ten foot wide curb cuts. While some
non-conformities are allowed to exist these need to be
remedied primarily for traffic safety reasons. The
development should have one access to their parking lot from
Lone pine Road. The Red Mountain Road driveway must be
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reconfigured to an approximate right angle intersection
servicing the single family residence.
(j) FXNAL PLAT - Prior to the issuance of any permits the
applicant must submit a subdivision plat in accordance with
Section 24-7-1004.C and D of the municipal code. (It is
recommended that the applicant review bluelines with the
Engineering Department prior to final Submission.) Specific
items that must be included on the plat areas follows:
1. Statement determining basis ~f bearings.
2. A statement to the effect that ~itle policy
number , d all easements, of record are shown on plat.
3. Metes and bounds descriptions for all easements and
their book and page numbers if an easement, agreement has
been recorded. Include the new Landscaping/Visual and
Passive Use Easement. Also, verification is required
that the lot line adjustments do not affect any easement
agreements in place.
4. The plat submitted in the application indicates that
there is right-of-way to be dedicated. The plat must
contain language dedicating the right of way. In
addition, per the municipal code, the right Of-way width
must be eighty (80) feet.
5. All existing site improvements, including streets.
(The condominium map to be filed will amend this plat
with any new development.)
6. Owner and title certificates for Hunter Longhouse.
(k) STREET TRESS AND LANDSCAPING - The subdivision agreement
should establish landscaping guidelines and list plant
materials that are appropriate to be included in the
development. The applicant should consult the Parks
Department or a registered landscape architect for a landscape
guidance.
(1) SXTE PLAN - The applicant should reconsider the location
of the children's play area and the common garden. Their
proximity to one of the parking lots may pose health and
safety problems.
The final subdivision plat and agreement must be filed within 180
days of final approval.,
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EXHIBIT E
Lot Line Adjustment - The applicant seeks a lot line adjustment
between the Common Ground Housing property and the Hunter Longhouse
property. An adjustment woUld best accommodate both projects, by
allowing for the shared parking lot to be jointly owned, it will
convey property along the front and back of Hunter Longhouse to
that project and provide a better alignment of the property line
between the two properties. Hunter Longhouse will gain 10,000
square feet. '
p.ursuant to Section 7-1003, the following criteria for a lot line
adjustment are as follows:
1. It is demonstrated that the request is to correct an
engineering or survey error in a recorded plat or is to permit
an insubstantial boundary change between 'adjacent parcels.
RESPONSE: This is an insubstantial change in the boundary between
Hunter Longhouse and Common Ground that is intended to better align
the boundaries.
2. Both landowners whose lot lines are being adjusted provide
written consent to the application.
RESPONSE: The County owns both pieces of property and has
structured a land lease situation for the specific homeowners
associations. Written consent from both parties is contained in
the file.
3. It is demonstrated that the request is to address specific
hardship.
RESPONSE: The existing Hunter Longhouse property configuration
basically results in a strip of land on the front and the back of
its property which is part of the Common Ground property and this
will be adjusted.
Incidentally, the County owns both properties while each
developments utilize a land lease concept with the County.
4. The corrected plat will meet the standards of this division,
and conform to the requirements of this chapter, including
the dimensional requirements of the Zone District in which
,the lots are located, except in cases of an existing
nonconforming lot, in which the adjustment shall not increase
the non-conformity of the lot.
RESPONSE: According to the application, a plat will be filed that
reflects the adjustments to the property boundaries.
5
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5. It is demonstrated that the lot line adjustment will not
affect the development rights or permitted density of the
affected lots by providing the opportunity ,to create a new
lot for resale or development.
RESPONSE: The lot line adjustment will not create a new lot for
development purposes. The Hunter Longhouse property is already
developed and development of Common Ground Housing is subject to
this review.
6
~
~
EXHJ:BJ:T F
GHQS Exemption ~ Pursuant to Section 24-8-104, before any proposed
development can be considered for exemption by the city Council,
an application for exemption shall be forwarded to the Planning and
Zoning commission for review and recommendation at a hearing, The
Commission reviewed the proposal and recommends GMQS Exemption for
affordable housing.
The applicants propose to develop 21 fully deed restricted dwelling
units: eight 622 sq. ft. 1 bedroom units, five 975 sq. ft. two
bedroom units, and eight 1,216 sq. ft. three bedroom units.
The Housing Authority has confirmed the unit price and category
mix. They approved ,twelve Category 2 units and nine Category 3
units.' -
Vested Rights - Pursuant to section 24-6-207 the applicant has
requested Vested Rights status. Vested rights status may be
granted by ordinance of the City Council.
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EXHIBIT G
Condominiumization - Pursuant to Section 24-7-1007 (until amended),
when a subdivision of a parcel of land is' to be used for
condominium development the applicant must also comply with the
fOllowing requirements during review, of an application for a final
plat. Condominiumization of a residential development requires
providing purchase rights for existing tenants, minimum lease
restrictions, affordable housing impact fee, and building,
inspection required. Beca~se condominiumization is occurring
during subdivision, prior to development, there are no existing
tenants and building inspections will occur as required of all new
developments. A housing impac-:: fee is not required as all the
units shall be fully deed restricted with minimum lease
restrictions that restrict the units to six-month minimum leases,
with no more than two shorter tenancies per year as is the case
with all units in the affordable pousing inventory.
The applicants shall be required to file a condominiumization plat
upon completion of the buildings. The plat shall be reviewed by
the Engineering and Planning Departments.
Although staff will be amending the condominiumization section of
the Land Use Code, because of the subdivision process and the
characteristics of this application,condominiumization at this
time does not impose an unnecessary burden upon the applicant.
8
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,
,
Pitkin County Government
530 East Main
Aspen, Co 81611
March 3, 1993
Aspen/Pitkin Planning and Zoning
130 South Galena
Aspen, Colorado 81611
Attn: Leslie Lamont
To Whom It May Concern;
Pitkin county is the owner of the real property at 0100 Lone
pine Road, which is leased in part to Hunter Longhouse and the
remainder is to be leased to the Common Ground Housing Association
, Inc.. Pitkin County has reviewed and approved the proposed lot
line adjustment as represented on the Banner and Associates, Inc,
Consulting Engineers, Job # 8260, Date 2/6/93, Pages 2 of 2, LOT
LINE ADJUSTMENT PLAT BETWEEN COMMON GROUND HOUSING PROJECT AND
HUNTER LONGHOUSE, Aspen,Pitkin County, Colorado. We are aware and
accept that the City of Aspen is requesting a fisherman's easement
from the center of the river to the high water line on the north
property line of Hunter Longhouse, with an ce s a oss Common
Ground property to access the easement.
pitkin County --
BY Mark Fuller
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(~~~~i-b4Ir4ECEIVED
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-----7 G( 'i\ _ C<J0 If03
MEMORANDUM TID P & Z COMMISSION ON COi\!lVlON GROUND PROJECT City Ma.ager/Mayor's Office
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\~\gJ',~ 1. We feel that 21 units is much
. ~. ~' site of 1.967 acres of land which
\~:~~ building on it. (former kitchen
^'~ . Center)
2. There is a definite lack of open space~as this
robbed for the Hunter Long House Addition..ar (open
also taken from the Hunter Long House)
Please read the following at
(We are unable to attend due
illness)
the Review ,1~eeting, JaJ1.l9~ 1992
\ '
to very recent surgery;;and FEB t! 0 '9'93
, ..
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too high density on.'tfils ---
already has a 7,500 sq. ft.
dining etc. of Community
parcel was
space was
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3. We have serious concerns about parking, which does nO~J
provide one space per bedroom, and curbside parking is not
available for this parcel. ~ ~~ ~("'i::7' \s 'n&-~~Q.....
4.Another problem is added automobile congestion in this highly
developed areajwhich will make it almost impossible to turn
north on Mill Street during certain times, coming o~ of the
Post Office - Market area. (the problem is already bad)
,^~e.c-
5. Present units should be cut down in eiL~ also, because
The two story buildings along the North side (our lot line)
have been drawn closer than the existing one story building_
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6. We request that story poles be used to see how our
view planes and sun loss will be affected.
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7. We request that any expenses envolved with Changing
utilities and water to us be borne by the Common Ground
Project. " __,
''is- \,)8- ~ ~'S ~...;~ s~ b"- <0~ do~ ~ ";:,\~<<.... -;*-
"""~d... \ se'\\--,~ Q'^-'r- \j\~ =I,,- s"-u.\~ u,\.\\ 6. "I--<>-~~
We will be leaving town Feb. firs~to the end of May so
would appreciate some story poles for sighting before we
leave.-~~ ~60"- ~~~ ~c.--rv~,on <O~
v\~ 'C)c ~e.. 1lA-G>'-'M.i~\'-v. ~ ~"''''--~ ""'-"-' ~".:lQ
Than~ you for your consideration. ~
--v\.~~~ -i~
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03/02/93
14:50
R P C HOUS ltlG RUTH. 303 9a; 5500
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CO-Ho~.:l.nq File
T01I\ Saker, Hcullinq Offiae
Februllry 9, 1993
UlfI~ XXX ANO PRICING SUMMARY
TOt
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The following unit mix and prioinq summary 1. satisfactory to the
Housing Office: '
i~qht (Sl 1-Bedroom units (~~2 saua~ feet)
3 Category 2 unite at $ 42,000
J Category 2 ,unite at $ 60,000
2 cateqary 3 unite at $ 82,000
Fh. (5) ~7"15edroo.JII Unl1:a,~(975 "yuare (eat)
2 cat~ory 2 unite at $ 16,000
3 Cateqory 3 units at $116,500
Eiaht (8) 3 Badrenm Uni~B (1.216 B~r. feet}
4 Category 2 unit. at $ 88,000
4 Category 3 units at $126,000
There are a tote.! of 21 units. 'lh1e mix allowe tor' 62% of the
units to be Category 2 and 3B~ to be cate~ory 3 unit..
Please see the attached information for further detailing of the
units and the affordable income ranqe provided by the Co-Housing
group.
I'ott-ltMbdnd Ialctransmlllal memo 7971 ~ ol_ · .3
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TO:
THRU:
THRU:
FROM:
RE:
DATE:
^
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MEMORANDUM
Mayor and Council
Amy Margerum, City Manager~
Diane Moore, City Planning Director
Leslie Lamont, Planning
Common Ground Housing Association Subdivision, GMQS
Exemption, Lot Line Adjustment, Condominiumization and Vested
Rights for 21 Fully Deed-Restricted Dwelling Units, First Reading
Ordinance a, Series of 1993
February 8, 1993
---------------------'-------------------
----------------------------------------
SUMMARY: The applicant IS, Common Ground Housing Association
represented by Randy Wedum, propose to develop 21 fully deed-
restricted dwelling units on the property that was once the
community center. Subdivision, a lot line adjustment, GMQS
Exemption for affordable housing, condominiumization, and vested
rights are required review by Council for this application.
The Planning and Zoning commission reviewed the application and
recommends to Council approval of the subdivision and GMQS
Exemption for affordable housing.
Please see attached ordinance~, series of 1993, Exhibit A.
PREVIOUS COUNCIL ACTION: Council approved the rezoning of this
parcel from Public to Affordable Housing in November of 1991.
BACKGROUND: When the County began the development of the new
Health and Human Service building, potential redevelopment of the
community Center site became eminent. Several housing development
scenarios were reviewed for the site. The CGHA group, working
through the Housing Authority, proposed using this site for co-
housing. The BOCC and the Housing Authority, acknowledging CGHA's
intent, agreed to let the group submit a proposal for review.
CURRENT ISSUES:
A. Site Description - The parcel is approximately 85,944 sq. ft.
The existing building is approximately 21,700 sq. ft. The parcel
is zoned Affordable Housing and is adjacent to the high density
Hunter Creek and Centennial neighborhood which is zoned R/MFA.
Single family housing is located behind the parcel at the base of
Red Mountain. The parcel is oddly shaped. A "dog-leg" portion of
the parcel extends behind the Hunter Longhouse "addition along
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Hunter Creek but will be traded to Hunter Longhouse for a greater
side yard area via a lot line adjustment. The west parking lot for
Hunter Longhouse enCroaches onto the community Center parcel and
half of the spaces in that lot will be used by CGHA upon
development.
The applicants intend to retain approximately 5,794 sq. ft. of the
existing building, which is the two story kitchen and meeting
rooms. This portion of the existing building will be renovated as
a Common House. The Common House will include laundry facilities,
common kitchen, storage, lounge/library and 2 guest rooms.
Please see attached site plan and common house proposal, Exhibit
B.
B. Project Summary - The applicants propose to construct 21 fully
deed restricted dwelling units: eight 622 sq. ft. 1 bedroom units,
five 1,000 sq. ft. two bedroom units, and eight 1,200 sq. ft. three
bedroom units. Unit mix and sizes were derived by actual
participants of the project taking into account the guidelines of
the Aspen/pitkin County Housing Authority. Please see development
data, Exhibit C.
This project has been designed to be consistent with several goals
and objectives that have been adopted by the City. The Common
Ground housing proposal helps to create a housing environment which
is dispersed, appropriately scaled to the neighborhood and
affordable.
Because the Common Ground group is comprised of various income
levels and age groups, the proposal is consistent with the
community goal to encourage and maintain the existing character of
the community.
The site is within close proximity to community services and
important bike/pedestrian and mass transit routes. These benefits
support the goal of development that is non-auto oriented. Thirty-
two parking spaces are proposed for the development which is 1.5
spaces per dwelling unit.
The development review of this proposal is
adjustment, condominiumization and GMQS
affordable housing.
C. Applicable Review - Please see attached Exhibits D, E, F, and
G for specific review standards.
sUbdivision, lot line
Exemption for 100%
RECOMMENDATION: The Planning and Zoning commission recommends
approval to Council of subdivision and for the development of 21
fully deed restricted units for Common Ground Housing with the
following conditions:
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1. Prior to council review, the applicant shall submit a revised
site plan that clearly shows the right-of-way and proposed
development, revised driveways and access to the parking lots, and
the revised Red Mountain Road intersection servicing the single
family residence.
2. Prior to council review the applicant shall submit a revised
storm drainage plan.
3. Prior to the issuance of any building permits:
a. A final plat and subdivision agreement, to be reviewed and
approved by the Engineering and Planning Departments and City
Attorney, shall be recorded within 180 days of final approval.
b. The final subdivision plat shall be submitted in accordance
with Section 24-7-1004. C and D of the municipal code and shall
include:
i. statement determining basis of bearings;
~~. a statement to the effect that title policy number
dated , was used in preparation of this survey plat
all easements of record are shown on plat;
,
and
iii. metes and bounds descriptions for all easements and
their book and page numbers if an easement agreement has been
recorded, including the new Landscaping/Visual and Passive Use
Easement, and verification that the lot line adjustments do
not affect any easement agreements in place;
iv. language dedicating the right-of-way which may be eighty
(80) feet wide or a width agreed to and determined with the
city Engineer and/or the city Attorney;
v. all existing site improvements, including streets;
vi. owner and title certificates for Hunter Longhouse; and
vii, the access easement for Hunter Longhouse.
c. The applicant shall submit a drainage analysis performed by an
engineer registered in the State of Colorado to the Engineering
Department.
d. The applicant shall submit an irrigation plan to be reviewed
and approved by the Water Department.
4. An excavation permit is required for any work in the pUblic
right-of-way.
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5. Prior to final approval a revised site drawing
approved by the Engineering Department and filed
subdivision plat. The site drawing shall include the
(for Lone Pine Road), curb and gutter.
6. All public improvements to serve the project will be borne by
the applicant.
shall be
with the
sidewalks
7. The applicant shall adhere to the all representations made in
the application and during the review process.
8. stream margin review shall be required if future development
including decks or gazebos are proposed within 100 feet of the high
water line.
9. The applicant shall submi t detailed plans to the Aspen
Consolidated Sanitation District office for a tap permit. No clear
water connections may be made to the District I s system. The
kitchen in the Common House shall have a grease interceptor with
a capacity approved by the District. Prior to connection to the
sanitation system, all sanitation district fees must be paid.
10. Prior to first reading and/or January 26, 1993 the applicant
shall place story poles on the site for the back two unit pods to
indicate building heights and widths and potential impacts to view
planes and sun loss upon the neighborhood. (This has been
acoomplished.)
11. The following changes shall constitute a substantial change
to the approved subdivision:
reduction of open space, additional bedrooms, and
additional square footage to the common house.
12. The guest rooms shall not be used as lodge rooms or dormitory
rooms.
The Commission also recommends approval to Council of the GMQS
Exemption with the following condition:
1. Prior to Council review, income categories and unit prices
shall be confirmed. (The applioant is still working with APCHA to
affirm price and inoome oategories. Final APCHA recommendation
will be forwarded prior to second reading.)
2. Prior to the issuance of any building permits deed restrictions
shall be reviewed and approved by the Housing Authority.
Staff recommends approval of the lot line adjustment and
condominiumization. (Because the applicant is involved in
subdivision they have elected to proceed with condominiumization
based upon the current Code. Because the development is fully deed
4
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restricted, a housing impact is not required and
the affordable housing inventory require
restrictions.)
PROPOSED MOTION: "I move to approve the sUbdivision, GMQS
Exemption and Vested Rights for 21 affordable housing units for the
Common Ground Housing Association as recommended by the Planning
and Zoning Commission with the conditions outlined above."
all units within
6 month deed
"I move to approve the condominiumization and lot line adjustment
of the Common Ground Housing Association."
"I move to read Ordinance e. series of 1993."
"I move to approve Ordinance 8. Series of 1993 on first reading."
CITY MANGER COMMENTS:
EXHIBITS:
A. Ordinance e2, Series of 1993
B, site Plan and Common House
C. Development Data
D. Subdivision Review criteria
E. Lot Line Adjustment Review criteria
F. GMQS Exemption and Vested Rights Review Criteria
G. Condominiumization Review criteria
H. Referral Comments
5
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SITE PLAN
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MEMORANDUM
TO:
Aspen Planning and Zoning commission
FROM:
Leslie Lamont, Senior Planner
RE:
Common Ground Housing Subdivision, Special Review and
GMQS Exemption for 21 Fully Deed Restricted Residential
Units
DATE:
January 19, 1993
-----------------------------------------------------------------
-----------------------------------------------------------------
SUMMARY: Common Ground Housing Association, Inc. (CGHA), the
applicants, propose to develop 21 fully deed restricted residential
units on the site formerly known as the old community center. The
property was rezoned from Public to Affordable Housing (AH) in
November of 1991. Although the County still owns the parcel it is
within the City requiring City Land Use Review.
The proposal requires subdivision review which is a two step review
process at the Commission and Council. The AH zone district also
requires special review by the Commission for open space and
parking. Tl:1e development of fully deed restricted affordable
housing is exempt from the Growth Management System. However, the
Commission must review the exemption and make a recommendation to
Council.
Attached for your review is the full application submitted by the
applicant, Exhibit A.
Staff recommends approval of this application.
APPLICANT: Common Ground Housing Association Inc., as represented
by Randy Wedum, Marcia Goshorn and Richard DeCampo.
LOCATION: 0100 Lone pine ROad (the old community center site),
Aspen, Colorado, 81611
ZONING: Affordable Housing (AH)
APPLICANT'S REQUEST: Subdivision, special review for open space
and parking, and GMQS review for 21 fully deed restricted
residential units.
REFERRAL COMMENTS:
Exhibit B.
Referral Comments are attached to the memo,
STAFF COMMENTS:
When the County began the development of the new Health and Human
Service building potential redevelopment of the Community Center
site became eminent. Several housing development scenarios were
reviewed for the site. The CGHA group, working through the Housing
.1""'\
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Authority, proposed using this site for cO-housing.
the Housing Authority, acknowledging CGHA's intent,
the group submit a proposal for review.
The BOCC and
agreed to let
The parcel was rezoned from Public to Affordable Housing in
November of 1991.
PROBLEM DISCUSSION:
A. site Description - The parcel is approximately 85,944 sq. ft.
The existing building is approximately 21,700 sq. ft. The parcel
is zoned Affordable Housing and is on the edge of the high density
Hunter Creek and centennial neighborhood which is zoned R/MFA.
single family housing is located behind the parcel at the base of
Red Mountain. The parcel is oddly shaped. A "dog-leg" portion of
the parcel extends behind the Hunter Longhouse addition along
Hunter Creek but will be traded to Hunter Longhouse for a greater
side yard area via a lot line adjustment. The west parking lot for
Hunter Longhouse encroaches onto the Community Center parcel and
half of the spaces in that lot will be used by CGHA upon
development.
The applicants intend to retain approximately 5,794 sq. ft. of the
existing building which is the two story kitchen and meeting rooms.
This portion of the existing building will be renovated as a Common
House. The Common House will include laundry facilities, common
kitchen, storage, lounge/library and 2 guest rooms.
B. Project Summary - The applicants propose to construct 21 fully
deed restricted dwelling units: eight 622 sq. ft. 1 bedroom units,
five 1,000 sq. ft. two bedroom units, and eight 1,200'sq. ft. three
bedroom units. unit mix and sizes were derived by actual
participants of the project taking into account the guidelines of
the Aspen/pitkin county Housing Authority. Please see development
data, Exhibit C.
This project has been designed to be consistent with several goals
and obj ecti ves that have been adopted by the City. The Common
Ground housing proposal helps to create a housing environment which
is dispersed, appropriately scaled to the neighborhood and
affordable.
Because the Common Ground group is comprised of various income
levels and age groups, the proposal is consistent with the
community goal to encourage and maintain the existing character of
the community.
The site is within close proximity to community services, important
bike/pedestrian and mass transit routes. These benefits support
the goal of development that is non-auto oriented.
The development review of this proposal is subdivision, special
2
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review for open space and parking, and a GMQS Exemption review for
100% affordable housing.
council will review sUbdivision, GMQS Exemption for affordable
housing, condominiumization, and a lot line adjustment.
C. Applicable Review -
I. Subdivision In order to develop mUlti-family housing
on a single parcel a development plan must be reviewed pursuant to
sUbdivision section 7-1004.
section 7-1004 C.1. outlines the General Requirements for
subdivision as follows:
1.
(a)
The proposed development shall be consistent with the
Aspen Area Comprehensive Plan.
RESPONSE: The proposal is a mUlti-family development permitted in
the AH zone district. The project is consistent with the Aspen
Area Comprehensive Plan because it disperses affordable housing
among the City's existing residential neighborhoods. The proposal
is also consistent with the recommendations of the Housing Sub-
Committee that has worked on the Aspen Area Community Plan. The
Committee identified the site for affordable housing.
(b) The proposed subdivision shall be consistent with the
character of existing land uses in the area.
RESPONSE: The project is consistent with the character of the
neighborhood. The surrounding land uses are mixed residential
including high density mUlti-family adjacent to the site.
(c) The proposed sUbdivision shall not adversely affect the
future development of surrounding areas.
RESPONSE: The proposed multi-family is supported by extensive
infrastructure improvements that were made or in the case of
sidewalks, are proposed to support high density development.
Except for the Mocklin property, the surrounding neighborhood is
essentially built out. Therefore the proposed development should
have little effect on future development potential of neighboring
properties.
(d) The proposed subdivision shall be in compliance with all
applicable requirements of this chapter.
RESPONSE: This proposal is 100% deed restricted and is in
compliance with the AH zone district requirements. The proposal
is not in conflict with any other sections of the Land Use Code.
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Pursuant to section 7-1004 C. 2 - 5, the pertinent subdivision
requirements are as follows:
2. (a) Land suitability - The proposed subdivision shall not
be located on land unsuitable for development because of
flooding, drainage, rock or soil creep, mudflow, rock
slide, avalanche or snowslide, steep topography or any
other natural hazard or other condition that will be
harmful to the health, safety, or welfare of the
residents in the proposed subdivision.
RESPONSE: The existing building will be demolished and asbestos
removal carefully monitored. The two story portion of the old
building will be preserved and renovated for use as a common house.
The. property is virtually flat. Existin<;1 vegetation will be
preserved. There are no natural hazards that exist on the site
that would endanger the welfare of future residents. However, the
applicant shall work with the Engineering Department to ensure that
historic drainage patterns are maintained.
(b) spatial Pattern - The proposed subdivision shall not be
designed to create spatial patterns that cause
inefficiencies, duplication or premature extension of
public facilities and unnecessary public costs.
RESPONSE: There are no unnecessary public costs associated with
this proposal. All utilities are available near the site. All
public improvements to serve the project will be borne by the
applicant.
3 & 4. Improvements and Design Standards - following is a review
of the relevant subdivision standards:
(a) WATER - The city water system has sufficient capacity to
accommodate the project for both domestic and fire protection
needs. Tap fees may be required for the renovation of the
common house and separate taps and meters for the residential
units may be required.
(b) SEWER The Aspen Consolidated Sanitation District
currently has sufficient line and treatment capacity to serve
the project. The applicant shall submit detailed plans to the
District office for a tap permit.
No clear water connections may be made to the District's
system. The individual buildings may require six inch service
lines. The kitchen in the Common House must have a grease
interceptor with a capacity approved by the District. All
fees must be paid to the District prior to connection to the
system.
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(c) ELECTRIC, TELEPHONE, NATURAL GAS AND CABLE TV - All
required extensions will be located underground.
(d) EASEMENTS - An access easement will be provided for
Hunter Longhouse residents to park on the east side of the
shared parking lot between the CO-housing development and
Hunter Longhouse. The easement shall be included in the
subdivision agreement and depicted on the final plat.
(e) SIDEWALK, CURB, AND GUTTER - Section 19-98 of the
Municipal Code requires construction of sidewalks for new
construction in areas indicated on the adopted sidewalk, curb
and gutter plan, similar requirements of the land use code
notwithstanding. Sidewalks (along Lone pine Road), curbs and
gutters are required at the time of construction. The curbs
and gutters shall align with the existing curb and gutter on
Lone pine Road.
(f) FIRE PROTECTION -
would strongly suggest
reasons.
The Aspen Fire Protection District
sprinkled units for life safety
(g) DRAINAGE - A drainage plan, meeting the requirements of
Section 24-7-1004.C.4.f must be provided by an engineer
registered in the State of Colorado and submitted to the
Engineering Department.
The storm drainage plan provided in the application must be
modified so that the drainage from the parking lot does not
enter onto the public ROW. The engineers need to comment on
the functional aspects of the facility in order to determine
that it can be cleaned for continual, proper performance.
(h) STREET LIGHTS - Street lights may be required at the time
of development. The applicants shall work with the City to
determine location and design of lighting. Low level
pedestrain lighting from the parking area to the dwelling
units must be provided and included on the site plan that is
filed with the subdivision plat.
(i) STREETS - A revised site drawing must be provided that
clearly shows the right-of-way and proposed development. It
appears that the eighty foot right-of-way dedication may be
in conflict with the parking lot.
The two driveways for the property do not meet the standards
of the municipal code. Section 19-101 allows for one eighteen
foot wide curb cut or two ten foot wide curb cuts. While some
non-conformities are allowed to exist these need to be
remedied primarily for traffic safety reasons. The
development should have one access to their parking lot from
Lone pine Road. The Red Mountain Road driveway must be
5
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reconfigured to an approximate right angle intersection
servicing the single family residence.
(j) FINAL PLAT - Prior to the issuance of any permits the
applicant must submit a subdivision plat in accordance with
section 24-7-1004.C and D of the municipal code. (It is
recommended that the applicant review bluelines with the
Engineering Department prior to final submission.) Specific
items that must be included on the plat are as follows:
1. statement determining basis of bearings.
2. A statement to the effect that title policy
number , d all easements of record are shown on plat.
3. Metes and bounds descriptions for all easements and
their book and page numbers if an easement agreement has
been recorded. Include the new Landscaping/Visual and
Passive Use Easement. Also, verification is required
that the lot line adjustments do not affect any easement
agreements in place.
4. The plat submitted in the application indicates that
there is right-of-way to be dedicated. The plat must
contain language dedicating the right of way. In
addition, per the municipal code, the right of-way width
must be eighty (80) feet.
5. All eXisting site improvements, including streets.
(The condominium map to be filed will amend this plat
with any new development.)
6. Owner and title certificates for Hunter Longhouse.
(k) STREET TREES AND LANDSCAPING- The subdivision agreement
should establish landscaping guidelines and list plant
materials that are appropriate to be included in the
development. The applicant should consult the Parks
Department or a registered landscape architect for a landscape
guidance.
(1) SITE PLAN - The applicant should reconsider the location
of the children's play area and the common garden. Their
proximity to one of the parking lots may pose health and
safety problems.
The final subdivision plat and agreement must be filed within 180
days of final approval.
II. Special Review - The Affordable Housing zone district
requires Special Review for establishing off-street parking and
open space.
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a) Parking - The development will provide 1. 5 off-street
parking spaces per dwelling unit (which includes 6 guest spaces)
for a total of 32 parking spaces for 21 dwelling units. The AH
zone district requires parking at a maximum of 2 parking spaces per
dwelling unit.
b) Open space - Approximately 44,500 square feet or 50% of
the site will remain undeveloped. Outdoor spaces will be more than
just "open space," as a children I s play area, a garden , and
terrace overlooking Hunter Creek are proposed. A community commons
is the focal point of all residential units. Each unit will front
onto the commons and have it's own private "backyard" space.
III. stream Margin Review - There is no development proposed
within 100 feet of the high water line of Hunter Creek. Therefore
stream margin review is unnecessary. However, the Common Ground
property line does extend into Hunter Creek. If future
development, including decks or gazebos are planned, stream margin
review shall be necessary.
IV. GMQS Exemption - Pursuant to section 24-8-104, before
any proposed development can be considered for exemption by the
City council, an application for exemption shall be forwarded to
the Planning and Zoning commission for review and recommendation
at a hearing.
The applicants propose to develop 21 fully deed restricted dwelling
units: eight 622 sq. ft. 1 bedroom units, five 1,000 sq. ft. two
bedroom units, and eight 1,200 sq. ft. three bedroom units.
According to the application there are three category 1 units, 11
Category 2 units, and 7 Category 3 units. The applicant shall work
with the Housing Authority to confirm unit prices before Council
GMQS Review.
RECOMMENDATION: Staff recommends approval of subdivision and
special review for parking and open space for the development of
21 fully deed restricted units for Common Ground Housing with the
following conditions:
1. Prior to council review, tl:1e applicant shall submit a revised
site plan that clearly shows the right-of-way and proposed
development, revised driveways and access to the parking lots, and
the revised Red Mountain Road intersection servicing the single
family residence.
2. Prior to Council review the applicant shall submit a revised
storm drainage plan.
3. Prior to the issuance of any building permits:
7
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water line.
9. The applicant shall submit detailed plans to the Aspen
Consolidated sanitation District office for a tap permit. No clear
water connections may be made to the District's system. The
kitchen in the Common House shall have a grease interceptor with
a capacity approved by the District. Prior to connection to the
sani~ti~n system, all sanitatio~ distr~ct f~es must be paid.~. .~
1\J ~ ~ Q;, l ~feo.J;'^o cd t;.4, ~ e-..,....J/O("~. atD,1'1"1-S.UJ-t
Staff also recommends approval to Council of the GMQS Exemption
with the following condition: ~4-<-L.
1. Prior to Council review, income cat~(f)~~~~, a~un 'tLrr~i_ces b~
shall be confirmed. ~~ ~ ~
2. Prior to the issuance of any building pe~mitsPd~e res~ions ~~
shall be reviewed and approved by the Housing Authority. ~
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"I move to approve special review for parking at 1.5 spaces per ,~<>rl\':.J1.
unit and open space for the development of 21 fully deed restricted l~
dwelling units at 0100 Lone pine Road with the conditions listed t\\ \J;Ct.-0
in the Planning Office memo dated January 19, 1993." ~ ~
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RECOMMENDED MOTION: "I move to recommend to Council approval of
the subdivision and GMQS Exemption for the development of 21 fully
deed restricted dwelling units at 0100 Lone pine Road with the
conditions listed in the Planning Office memo dated January 19,
1993."
EXHIBITS:
A. Application
B. Referral Comments
C. Development Data
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flspen C9onsolidated Sanitation rDistrirt
565 North Mill Stroot
Aspen, Colorlldo81611
FAX 1(303)925-2537
Thle.(3031925.3601
Sy Kelly-Chairman
JahnJ,Snyder.'I'rea-'!.
Luui~ Popillh- Se<:y.
January 13.196:13
Albo.rtBi.hop
Frank Loushin
Bruce Mlltherly, MIlT
La.ll.. L....ont
?l..nnin~ Oft tca
130 S. Gale"a SL
Aspan, CO 81611
R.., Com~on Ground Housln,
land us. proposal
A8soolatlon
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O..r La.lle:
The Aspen Consolidated Sanitation DIstrict currently ha.
suttlolent line and treatment eapaclty to ..tua tht_ project. ~.
would .aqua.t that the appllca"t .ubmlt detallaa plll"a to our
otflce when they baocma auallable so that . tap permit can be
COlllplatad and the ..soolatad oonnectlon t.". determtned.
I
If It t. th.. Intention of the applicant to d.ed the on-site
oollectlon Sy.tem over to our Distrlct tor tuture malnten.nce and
repair then the construction cf the on-elte .ystem must comply
with Di.trict speclfication.. Co~pllance would be determined by
the District Bnglne.r's review and Inspeotlon, the co.t of which
will be added to the tot.l connectlon char~e.. The appllcant
would al.o be required to convey .tandard Dl.trIct ea.ament. for
"cOeS' to the line.. The propo.ed croluln, of the on-lilt..
wastew.t.r line with a water line will require .paclal attention,
but it the Ol.trict's .paolflcatlon. are tOllow.d, thl. .hould
not cr..at.. .. problem. I would encoura... th.. applicant's "n.in.er
to contact Tom Bracewell, our line .up.rInt.nd.nt. at the
DI.trlct ottlce for mOre Inform.tion.
A. u.ual nO cle.r "..t..t connection. m..y b. .ade to the District'.
sy.tem. The indivIdual building. may require .Iw Inch .ervlca
l1n..... I. repreltented In the.ppllcation. Th. c.teterlalllu.t
have a gr...... interoeptor with . capaCity ~pproved by th.
DI.trlot. All t.... must b" p.id prlor to connection to our
syatelll.
It th"..ppllcatlon is
thenw. would 11k. to
the proj.ct proceed..
subject
hays the
tomo...> than
opportunity
one level
to cOlllm.nt
ot rsvl..w
.galn as
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Sr\,lcs N.ther,.y
Ol.trlct H.n....r
EPA AWARDS OF EXCELU;NCE
i976.1986-1e90
REGIONAL AND NATIONAL
.~
'-",
MESSAGE DISPLAY
TO
LESLIE LAMONT
cc
LARRY BALLENGER
From: Judy McKenzie
Postmark: Jan 12,93 3:54 PM
status: Certified
Subject: WATER ISSUE REGARDING CO HOUSING DEVELOPEMENT OLD HOSPITAL
------------------------------------------------------------------------------
Message:
ALL UNITS WILL HAVE SEPERATE TAP'S WITH SHUT OFF, OLD HOSPITAL
REMODEL WILL BE SUBJECT TO TAP FEES. IRRIGATION DRAWING WILL NEED TO
BE SUBMITTED TO THE WATER DEPARTMENT FOR APPROVAL ALONG WITH WATER
DRAWING FOR THE COMPLETE PROJECT
~------========x========-------
!-
,-"
PUBLIC NOTICE
RE: COMMON GROUND HOUSING SUBDIVISION, STREAM MARGIN REVIEW AND
SPECIAL REVIEW
NOTICE IS HEREBY GIVEN that a public hearing will be held on
TueSday, January 19, 1993 at a meeting to begin at 4:30 pm before
the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room,
city Hall, 130 S. Galena, Aspen, co to consider an application
submitted by the Common Ground Housing Association, Inc., Box
11499, Aspen, CO, requesting subdivision approval for 21 employee
deed restricted units, stream margin review, and special review for
parking and open space. For further information, contact Leslie
Lamont at the Aspen/Pitkin Planning Office, 130 S. Galena, Aspen,
CO 920-5090
s/Jasmine Tyqre, chairman
Planninq and Zoninq commission
Published in the Aspen Times on December 29, 1992
=====~===~~==================================~==~================
City of Aspen Account
ASPEN.PITKIN
ENVI()NMENTAL HEALTH CEPA~ENT
MEMORANDUM
From:
Leslie Lamont, Planning Office
Environmental Health Department
To:
Date:
December 18, 1992
Re:
Common Ground Housing GMQS Exemption, Subdivision, Lot
Line Adjustment, stream Margin Review, Special Review and
Condominiumization and Vested Rights
----------------------------------------------------------------
----------------------------------------------------------------
The Aspen/Pitkin Environmental Health Department has reviewed the
above-mentioned land use submittal for the following concerns.
The authority for this review is granted to this office by the
Aspen/Pitkin Planning Office as stated in Chapter 24 of the Aspen
Municipal Code.
SEWAGE TREATMENT AND COLLECTION:
The application indicates that the project is to be served with
public sewer as provided by the Aspen Consolidated Sanitation
District (ACSD). It is indicated that the District has adequate
capacity at the wastewater treatment facility and in the collection
system.
The consulting engineer proposes to construct a new eight (8")
sewer line within the project and tie to the existing sewer main
in Lone pine Road. By being constructed to ACSD standards, it is
possible that the district will accept the line for maintenance.
We suggest that arrangements be made with the District to approve
and inspect the line construction to make sure that it conforms to
standards.
This proposal conforms with section 1-2.3 of the pitkin County
Requlations On Individual Sewaqe Disposal Systems policy to
"require the use of public sewer systems wherever and whenever
feasible, and to limit the installation of individual sewage
disposal systems only to areas that are not feasible for pUblic
sewers".
ADEOUATE PROVISIONS FOR WATER NEEDS:
The application indicates that the project will be served with
water provided by the Aspen Water Department distribution system.
This conforms with Section 23-55 of the Aspen Municipal Code
requiring such projects "which use water shall be connected to the
municipal water utility system".
The City water distribution mains are in place and can accommodate
the flows and demand expected from the proposed units.
130 South Ge'ana Street
/1-
A.pen. CoJorado 81611
30311120-150'70
'<<rcl.d~
OJ .
".....,
,-"
Common Ground Housing Association Review
December 18, 1992
Page 2
AIR OUALITY:
The location of the proposed development provides easy access to
town by walking, biking, or riding the bus. parking is to be
provided for the units. This use should have little effect on the
total air quality impact of the airshed due to location and
restrictions that are indicated limiting woodburning in the
individual units.
No woodburning fireplaces are allowed in the metro area, and, as
we understand it from the DRe meeting, a gas-log fireplaces is to
be used in the commons building. Gas appliances for the other
units are allowed, however, the application does not address what
is planned or proposed. We recommend that the applicant address
this as a part of the Condominium association declarations and
covenants. This written documentation will allow individual owners
to understand the restrictions and the allocation of wood stove and
gas-appliance devices.
NOISE:
There obviously will be noise generated by the intended change of
use of this facility, as construction activities occur. The
applicant should take appropriate steps to minimize noise leaving
the property and into surrounding neighborhoods.
Should complaints be received by this office, Chapter 16 of the
Aspen Municipal Code - Noise Abatement, will be the document used
in the investigation. It is important that the applicants become
familiar with the regulation and design accordingly.
.-
I':;,
~.
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~ ~.
Pitkin County
December 1 ,
Mr. John R. Wedum
Common Ground Housing Group
616 East Hyman Avenue
Aspen, Colorado 81611
RE: County Support
Dear Randy,
This is to confirm for you the Pitkin County commissioners' support
of the Common Ground Housing Association and that group's efforts
to redevelop the Community Center site for affordable housing. At
their work session of last December 14, the County Commissioners
heard an alternative development plan for the Community Center
presented by a group of interested citizens. After hearing that
proposal, the majority of the BOCC was clearly in favor of Common
Ground continuing to pursue the required land use approvals from
the City of Aspen.
To that end, the BOCC is requesting, by means of this letter, that
the city Planning and Zoning Commission hear the Common Ground
General Submission at the earliest possible date, preferably
January 5, 1993. This request is based on the well-established
precedent of moving 100% affordable housing applications ahead of
private development applications in the hearing schedule and on the
money-saving potential inherent in the fastest possible processing
and construction time for this project.
Please continue to keep me informed as to the status of this
proj ect and let me know if more documentation of the County's
position on this matter would be helpful.
,
County
cc:
Leslie Lamont, City Planning
Jasmine Tygre, City Planning
Department /
and Zoning commission
Administration
530 E. Main, 3rd Floor
Aspen, C081611
(303) 920-5200
FAX 920-5198.
@ printed on recycled paper
County Commissioners
SuneS
506 E. Main Street
Aspen. CO 81611
(303) 920-5150
County Attorney
Suite I
530 E. Main Street
Aspen. CO 81611
(303) 920-5190
Personnel and Finance
SuiteF
530 E. Main Street
Aspen, CO 81611
(303) 920.5220
Transportation
Facilities
78 Service Center Road
Aspen, CO 81811
(303) 920-5390
,~
~
j
DEVELOPMENT REVIEW COMMITTEE
SUMMARY SHEET
Date:V.-e.c. ' I '"+; J qq~ ChairDerson:A~
Case Name: ro- - L'U...,L.<'1/A
- '-.J
Aqent/Re1)resentative: ~ l.AJ -e J.lu~
Case Type: 8u6cltA~~
REFERRAL COMMENTS SUMMARY:
~~~ En~A~~~k (memo f9rth~oming: @) no k~ &-,~ ~ .J
\'N>.iY\ b;JZ.';::'~JJ~~ --.JI/.~~....J s';c1 ~.u.\Cll R. ~ ~
County Engineer: (memo: yes no )
Environme~tal Health (memo: ~ _~.)~ \~L~!~~
-b-.~c..-blU-:;,.~. ~\;V~~~,kiT'<H~'\...
\J ~ ).Jl ~J:f 1f'Nl. 2<<<Vv-.. r~ (',~ o.-YC:{../J .
Fire Department: (memo: yes no) 'f\.Aj 1\ 9 ~.J..~ {1n ~.fJ.JI..10
Parks Department: (memo: yes no)
Building Department: (memo: yes no)
Housing Authority:
(memo: yes no )
Attorney: (memo: yes no )
6lther: W~JC:~.'~-+~ f-;;;;1PR/l_, l-a.-p~.Q.-kOfC0ro4,~O
~ '(~,\' u ,k'1 '-\)''S \ ~-~~ ..). rc'~;-';J dJqu~ fA ;;;;;;J~
G~er,~ cOlJ1lllents: ft~ ('e t!i~ LOa~A ({1J rfk~ (\
l ~'KJ-eJ.() ty,IA~ '<}~~-<OfO-'~Lt.~
n ~~ Y-\'i'..e.:) c., reAN\..~)';) Q~ ,)~d..L<-^----- '
r"""
PLANNI~.Z ZOONNIING COMMISSION
EXHIBIT ~, APPROVED
19 ___ BY RESOLUTION
MEMORANDUM
,
<t"
To: Leslie Lamont, Planning Office
From: Rob Thomson, Project Engineer
Date: December 11, 1992
Re: Common Ground Housing GMQS Exemption, Subdivision, Lot Line Adjustment,
Stream Margin Review, Special Review and Condominiumization and Vested
Rights
Having reviewed the above referenced application, and having made a site inspection, the
engineering department has the following comments:
1. GMQS Exemption:. No comment.
2. Subdivision and Lot Line Adjustment: Prior to the issuance of any permits the
applicant must submit a subdivision plat in accordance with Section 24-7-1004.C and D of
the municipal code. (It is recommended that the applicant review bluelines with the
Engineering Department prior to final submission.) Specific items that must be included
on the plat are as follows:
a. Statement determining basis of bearings.
b. A statement to the effect that title policy number_, dated_, was used
in preparation of this survey plat and all easements of record are shown on plat.
c. Metes and bounds descriptions for all easements and their book and page
numbers if an easement agreement has been recorded. Include the new
LandscapinglVisual and Passive Use Easement. Also, verification is required that
the lot line adjustments do not affect any easement agreements in place.
d. The plat submitted in the application indicates that there is right-of-way to be
dedicated. The plat must contain language dedicating the right of way. In addition,
per the municipal code, the right of-way width must be eighty (80) feet.
e. All existing site improvements, including streets. (The condominium map to be
filed will amend this plat with any new development.)
f. Owner and title certificates for Hunter Longhouse.
If}
~
.~
/
3. Site Plan:
a. The two driveways for the property do not meet the standards of the municipal
code. Section 19-101 allows for one eighteen foot wide curb cut or two ten feet
wide curb cuts. While some non-conformities are allowed to exist this one needs
to be remedied, primarily for traffic safety reasons. The Common Ground Housing
should have one access to their parking lot from Lone Pine Road. The Red
Mountain Road driveway must be reconfigured to an approximate right angle
intersection servicing the single family residence.
From the application drawings it appears that the lot line adjustment no longer
allows Hunter Longhouse clear access to its property. While Hunter Longhouse
has right to access Lone Pine from a different location, a written access easement
must be provided to continue as a shared access.
b. Curb and gutter must be extended along Lone Pine Road adjacent to the
property and aligning with existing. Sidewalks must also be constructed.
c. It appears that the eighty foot right-of-way dedication may be in conflict with
the parking lot.
d. Street lights will be required on Lone Pine Road as provided for in Section 24-
7-1004.CA.a.(23). Please note that this department has received several calls
concerning street lighting at the new Williams Woods Addition development. Also,
the applicant should be sensitive to p~g some low I~vel pc;destrian site lighting
within the project site. ~ ~ MUJC' ~ "S li&U
e. A revised site drawing must be provided. It needs to clearly show the right-
of-way and development within.
f. Verification that the trash area and receptacles are sized properly for this
development. The applicant should consider including recycle containers in this
area also. -
g. The applicant needs to coordinate mail delivery with the U.S. Post Office. It
is quite possible that they may require a central delivery box for the residents in
which case one will have to be located on site.
4. Storm Drainage: Calculations meeting the requirements of Section 24-7-1004.CA,f and
prepared by a professional engineer registered to practice in the State of Colorado, must
be provided. The storm drainage plan as shown on Exhibit R of the application needs
to be modified so that the drainage from the parking lot does not enter onto the public
right-of-way. The engineer needs to comment on the functional aspects of the facility in
order to determine that it can be cleaned for continual, proper performance.
11
r"\
.~
;
In addition, prior to the issuance of a certificate of occupancy the storm run-off design
construction must be certified in a letter by the design engineer.
5. Condominiumization: A condominium plat must be filed which meets the requirements
of Section 24-7-1004.D.2.a of the municipal code prior to the conveyance of any units.
6. Stream Margin: No comment.
7. General Comments:
a. Given the continuous problems of unapproved work and development in public
rights-of-way, we would advise the applicant as follows:
The applicant shall consult city engineering (920-5080) for design
considerations of development within public rights-of-way, parks
department (920-5120) for vegetation species, and shall obtain permits
for any work or development, including landscaping, within public
rights-of-way from city streets department (920-5130).
b. The applicant shall agree to join any future improvement districts which may
be formed for the purpose of constructing improvements in the public right-of-
way.
RECOMMENDED CONDITIONS OF AFPROV AL
1. Prior to the issuance of any permits the applicant must submit the following:
a. a subdivision plat in accordance with Section 24-7-1004.C and D.
b. a revised site plan.
c. storm drainage calculations and revised storm drainage plan.
2. Prior to the conveyance of any unit the applicant must file a condominium map.
cc: Chuck Roth, City Engineer
CASELOAD92.032
I~
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w~ ~~.V~L!PJF~
420 E. HOPKINS AVENUE
ASPEN, COLORADO_.&l6ll_______-----
(303) 925-2690 \ 11 \\ f7 i'2 If\;,
TO: .
Leslie Lamont, Planning Office
8
"'>-
FROM:
Wayne Vandemark, Fire Marshal
RE:
Common Ground Housing GMQS Exemption Subdivision, Lot
Line Adjustment, Stream Margin Review, Special Review
and Condominiumization and Vested Rights
DATE:
December 7, 1992
Although not required, the Aspen Fire Protection District would
strongly suggest these units be sprinklered thus addressing our
concerns for life safety. Not taking advantage of all life safety
issues could be a liability problem for the County.
13
/""'1
t-I
Ii
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5197
MEMORANDUM
TO:
City Engineer
Housing Director
Aspen Water Department
Environmental Health Department
Parks Department
Zoning Administration
Aspen Consolidated Sanitation District
Aspen Fire Protection District
Public Project Review Group
Pitkin County - Mark Fuller
Leslie Lamont, Planning Office
Common Ground Housing GMQS Exemption,
Adjustment, Stream Margin Review,
Condominiumization and Vested Rights
November 19, 1992
Subdivision, Lot Line
Special Review and
FROM:
RE:
DATE:
Attached for your review and comments is an application submitted by Common Ground
Housing, Inc.
Please return your comments to me no later than December 14, 1992.
The Design Review Committee will be meeting on December 17, 1992, at 3:00 p.m., 1st floor
City Council Chambers.
Thank you.
~.
.~
CITY OF ASPEN / PITKIN COUNTY
PLANNING AND ZONING OFFICE
130 South Galena
Aspen, Colorado 81611
303-920-5090
Fax 920-5197
November 10, 1992
Randy Wedum
616 E. Hyman Avenue
Aspen, CO 81611
Re: Common Ground Housing GMQS Exemption, Subdivision, Lot Line Adjustment,
Stream Margin Review, Special Review. and Condominiumization and
Vested Rights . .
Case A83-92
Dear Randy,
The Planning Office has completed its preliminary review of the captioned application. We
have determined that this application is incomplete, and will not schedule it for review until we
receive the following information:
*
An up-to-date letter of confirmation from the County Manager, giving approval for
Common Ground Housing to submit this application. Leslie Lamont has contacted Reid
Haughey, the County Manager, concerning this letter.
*
Four sets of fun-size site plans and elevations.
Sheet Numbers:
AOOl
A10l
A 102
A 103
A 104
A 105
Al06
A203
A204
A205
A206
A207
*
Four full-size copies of Exhibits L and M.
If you have any questions, please call Leslie Lamont, the planner assigned to your case.
Sincerely,
~M^,~ t uvP/y{
Suzarfue L. Wolff
Administrative Assistant
cc: Reid Haughey, County Manager
,.....,.
.~
To:
Leslie Lamont, Planning
From:
Dave Tolen, Housing
Re:
Common Ground Housing GMQSjSubdivision
============================~====================================
The Housing Office has reviewed the application from Common Ground
Housing for subdivision and GMQS exemption. The Housing Board
previously reviewed the proposal for a 100% affordable project, and
found the unit configurations and prices to be very attractive.
At its meeting of September 23, 1992, the Housing Board recommended
that the proposed unit prices be modified slightly. Since the
applicant has not included unit prices in the current application,
we are unable to determine whether or not this recommendation was
followed.
The prices recommended by the Board, in a unanimous vote, are as
follows:
unit Category Recommended
Type Price
1 BR 1 $32,000
1 BR 2 60,000'
1 BR 3 106,500
2 BR 2 76,000
2 BR 3 116,500
3 BR 2 88,000
3 BR 3 126,000
The Housing Office recommends that the units be priced as above,
and that any proposed changes in unit prices be reviewed by the
Housing Office.
17
--
COMMON GROUND HOUSING ASSOCIATION, INC.
-
A LAND USE APPLICATION FOR A
Co-housing PROJECT
, Consultants:
Legal Counsel:
Architects:
-
McFlynn & Pickett, P.C.
320 W. Main Street
Aspen, CO 81611
John R. Wedum Associates
616 E. Hyman Avenue
Aspen, CO 81611
-
Banner Associates, Inc.
605 E. Main Street
Aspen, CO 81611
Caudill, Gustafson, Ross
& Associates Architects,
P.C.
234 E. Hopkins Avenue
Aspen, CO 81611
-
Civil Engineer:
-
-
Structural Engineer:
Planner:
-
Monroe & Newell Engineers, Inc.
1660 17th Street, Suite 200
Denver, CO 80202
John R. Wedum Associates
616 E. Hyman Avenue
Aspen, CO 81611
-
-
Soils:
,...
CLT/Thompson, Inc.
234 Center Drive
Glenwood Springs, CO 81601
-
-
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-
....
-
.~
I.
II.
III.
IV.
-
V.
-
VI.
VII.
VIII.
IX.
X.
XI.
XII.
...
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rr....
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,...
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COMMON GROUND HOUSING, INC.
A LAND USE APPLICATION
FOR A Co-housing PROJECT
TABLE OF CONTENTS
section
~
PREFACE............................................................. IO................................ (iv)
INTRODUCTION.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 1
PLANNING GOALS AND OBJECTIVES.......................3
DEVELOPMENT PLAN........................................................................ 6
GROWTH MANAGEMENT EXEMPTION.........................8
SUBDIVISION.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 9
SITE IMPROVEMENTS.................................................................. 11
DEVELOPMENT DATA................................................................. .12
LOT LINE ADJUSTMENT................................ 14
STREAM MARGIN REVIEW.............................. .16
SPECIAL REVIEW FOR PARKING AND OPEN SPACE..........17
CONDOMINIUMIZATION.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 18
VESTED PROPERTY RIGHTS.............................19
( i)
...
...
<!;;.
Tal:lle Title
Dimensional Requirements
Development Data
Resident generation Data
,...
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--
...
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,...
-
,..,
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...
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,...,
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LIST OF TABLES
Table
1
...
2
3
(ii)
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LIST OF EXHIBITS
-
Title of Exhibit
IMrlbii:
...
Owner Authorization Letter
Proof of Ownership (Title Insurance Commitment)
Pre Application Conference Summary
List of Adjacent Property owners
Location Map
city of Aspen Zoning Patterns
city of Aspen Existing Land Use Patterns
site Plan and Unit Designs
Map of Community Facilities in city of Aspen
Map of Community Facilities in Pitkin county
RFTA Map
Survey of Existing Property Boundaries (Two Sheets)
Lot Line Adjustments and Easements
Hunter Longhouse and Oden
Proposed Easement Agreement with Oden
utility Map- Sewer and Water
Utility Map- Private utilities
Utility Availability Letters
Drainage Map
Traffic Impact Analysis
Soils and Foundation Report
A
B
C
D
E
F
G
H
I
J
K
L
M
N
o
P
Q
R
S
T
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,..
...
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(Hi)
,...
,...
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PREFACE
This application is submitted by Common Ground Housing
Association, Inc. a Colorado non-profit corporation, as appli-
cant and on behalf of Pitkin county Board of County
Commissioners, owner of the property. The Applicant requests
that the city of Aspen grant the land use approvals necessary to
develop an affordable housing project on the Community Center
site, at 0100 Lone pine Road. The development proposal is for 21
employee deed restricted units. The plan calls for eight, 1
bedroom units, five, 2 bedroom units and eight, 3 bedroom units
and a common meeting house.
'""
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.".
-
-
,-
...
-
-
-
~
(iv)
.-
-
I.
INTRODUCTION
-
,-
This proposed employee housing project has been based upon
the following characteristics of co-housing communities, modified
to comply with the requirements of the Housing Authority.
,..
o Participatory Process: Residents participate in the
planning and design of the development so that it directly re-
sponds to needs.
.,....
o Intentional Neighborhood Design: The physical design
encourages a sense of community.
"'"
o Extensive Common Facilities: The common house is
designed for daily use, to supplement private living areas.
....
,...
o complete Resident Management: Residents take com-
plete responsibility for the on going management, organizing
cooperatively to meet their changing needs.
-""
CO-housing communities are traditionally resident-developed,
cooperative, neighborhoods where individual households are
clustered around a common house with shared facilities such as a
dining room, an area for childcare, workshops, storage and
laundry. Each home is self sufficient with a complete kitchen,
but dinners are often available in the common house for those who
wish to participate. These developments are also unique in that
they are organized, planned and managed by the residents them-
selves.
...
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-
,..
By redefining the neighborhood concept to better address
contemporary lifestyles, co-housing communities can create cross-
generational communities for singles, families and the elderly.
Traditional forms of housing no longer address the needs of many
people. Dramatic demographic and economic changes have taken
place in our society, leaving a mis-match between today's house-
holds and conventional housing. Suburban single family housing
developments were designed for a 1950's model family with a bread
winning father and a full time woman working inside the home.
Growing numbers of single parents, elderly and singles living
alone face a child care crisis, social isolation, and a chronic
time crunch,in part because the are living in housing which no
longer suits them.
-
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-
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.....
At the same time, an increasingly mobile population has
distanced many people from their extended families which have
traditionally provided social and economic support. Most of us
are feeling the effects of these trends in our own lives. Things
that people once took for granted-family, community,a sense of
belonging-must actively sought out.
-
-
The Common Ground Housing Association, Inc. is proposing a
project which will encompass a wide range of employees in a
resident developed complex. The proposal includes eight 622
sq.ft. I-bedroom units, five 1,000 sq.ft., two bedroom and eight
1,200 sq.ft., (three) bedroom units.
11!'4
.,.
-
The unit mix and prices have been based on actual employees,
taking into account the guidelines of the Aspen/Pitkin County
Housing Authority.
-
We have also been researching building materials and methods
to put together the most cost effective design possible.
-
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II.
PLANNING GOALS AND OBJECTIVES
_.
-
The Common Ground Housing Association, Inc. plan is designed
to fit with a set of adopted goals and objectives that are
included within the Aspen Area Comprehensive Plan and the adopted
Affordable Housing Production Program. This section discusses the
relationship between the Common Ground development proposal and
the Comprehensive Plan, and Housing production Program.
,...
-
2.1 Relationship to Aspen Area ComDrehensive Plan. The
Aspen Area Comprehensive Plan is divided into various elements,
each of which has its own vision or goal. The vision statements
relevant to the Common Ground Housing Association, Inc. project
are listed below in Bold type, and the planning method used to
comply with the goal is described.
-
....
".
A. Housing: Create a housing environment which is
dispersed, appropriately scaled to the neighborhood and afford-
able.
,-
The Common Ground proposal is a thoughtfully scaled
development nestled in an existing neighborl:1ood and creates
employee housing ownership opportunities for 21 (twenty -one)
family units.
-
-
Affordable Housing continues to be an important local
issue. By utilizing the Affordable Housing Zone created by the
city Council, we are proposing a development which will success-
fully integrate smoothly into an existing neighborhood. This is
very characteristic of Aspen, to have residents of varied income
levels living in the same neighborhood.
-
-
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B. Character: Preserve and maintain the existing
character of the community.
-
Traditionally, Aspen's neighborhoods have been com-
prised of a mix of housing types, including those which are
affordable by its working residents. The Common Ground Housing
Association, Inc. development will assist in sustaining the
"mixed use" residential character of the neighborhood. It will
,-.
-
-3-
-
-
-
also be compatible in terms of land use, development intensity,
site planning, massing and scale.
.-
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C. Process: The community should collectively address
and resolve its issues and problems by considering the interests
of all it's citizens.
-
The Common Ground Housing Association, Inc. has sought
to include the community in the planning process. We have been
working on the project for almost two years: at all stages of
planning we have shown the plans to the neighbors as well as
hosted open houses as well as advertised with flyers posters and
have had a number of newspaper articles inviting input and
membership.
...
~
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D. Transportation: Create a creative non-auto oriented
public, mass transportation system which integrates pedestrian
and bike trail system with community facilities and services.
-
....
The Common Ground Housing site with to its close
proximity to the Lone Pine Road is on the established Hunter
Creek transit route. The project is also within walking distance
to the shopping and post office complex on Mill Street and to the
core of Aspen.
.,-,
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E. Balanced and Managed Growth: Encourage land uses,
businesses, and events which serve both the local community and
tourist base.
-
The Growth Management Plan was established to ensure
that components of community growth are mutually balanced. Even
with this "system balance" in place, the community has become
imbalanced as many working residents are excluded from Aspen's
neighborhoods. The Affordable Housing Zone(AH) allows for a few
locals to "buy back into" the Aspen experience, and live in a
diverse vibrant neighborhood.
....
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_.
2.2 RelationshiD to the Affordable Housina Production Plan.
The Affordable Housing Production Plan is intended to be used as
a tool by elected city and county officials to guide housing
decisions through 1995. The Affordable Housing Production Plan
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I.
INTRODUCTION
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This proposed employee housing project has been based upon
the following characteristics of co-housing communities, modified
to comply with the requirements of the Housing Authority.
...
o participatory Process: Residents participate in the
planning and design of the development so that it directly re-
sponds to needs.
-
o
encourages a
Intentional Neighborhood Design: The physical design
sense of community.
I'"
o Extensive Common Facilities: The common house is
designed for daily use, to supplement private living areas.
--
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o Complete Resident Management: Residents take com-
plete responsibility for the on going management, organizing
cooperatively to meet their changing needs.
...
CO-housing communities are traditionally resident-developed,
cooperative, neighborhoods where individual households are
clustered around a common house with shared facilities such as a
dining room, an area for childcare, workshops, storage and
laundry. Each home is self sufficient with a complete kitchen,
but dinners are often available in the common house for those who
wish to participate. These developments are also unique in that
they are organized, planned and managed by the residents them-
selves.
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By redefining the neighborhood concept to better address
contemporary lifestyles, cO-housing communities can create cross-
generational communities for singles, families and the elderly.
Traditional forms of housing no longer address the needs of many
people. Dramatic demographic and economic changes have taken
place in our society, leaving a mis-match between today's house-
holds and conventional housing. Suburban single family housing
developments were designed for a 1950's model family with a bread
winning father and a full time woman working inside the home.
Growing numbers of single parents, elderly and singles living
alone face a child care crisis, social isolation, and a chronic
time crunch, in part because the are living in housing which no
longer suits them.
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At the same time, an increasingly mobile population has
distanced many people from their extended families which have
traditionally provided social and economic support. Most of us
are feeling the effects of these trends in our own lives. Things
that people once took for granted-family, community,a sense of
belonging-must actively sought out.
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The Common Ground Housing Association, Inc. is proposing a
project which will encompass a wide range of employees in a
resident developed complex. The proposal includes eight 622
sq.ft. 1-bedroom units, five 1,000 sq.ft., two bedroom and eight
1,200 sq.ft., (three) bedroom units.
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The unit mix and prices have been based on actual employees,
taking into account the guidelines of the Aspen/Pitkin County
Housing Authority.
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We have also been researching building materials and methods
to put together the most cost effective design possible.
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II.
PLANNING GOALS AND OBJECTIVES
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The Common Ground Housing Association, Inc. plan is designed
to fit with a set of adopted goals and objectives that are
included within the Aspen Area Comprehensive Plan and the adopted
Affordable Housing Production Program. This section discusses the
relationship between the Common Ground development proposal and
the Comprehensive Plan, and Housing Production Program.
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2.1 Relationshio to Asoen Area Comorehensive Plan. The
Aspen Area Comprehensive Plan is divided into various elements,
each of which has its own vision or goal. The vision statements
relevant to the Common Ground Housing Association, Inc. project
are listed below in Bold type, and the planning method used to
comply with the goal is described.
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A. Housing: Create a housing environment which is
dispersed, appropriately scaled to the neighborhood and afford-
able.
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The Common Ground proposal is a thoughtfully scaled
development nestled in an existing neighborhood and creates
employee housing ownership opportunities for 21 (twenty -one)
family units.
...
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Affordable Housing continues to be an important local
issue. By utilizing the Affordable Housing Zone created by the
city Council, we are proposing a development which will success-
fully integrate smoothly into an existing neighborhood. This is
very characteristic of Aspen, to have residents of varied income
levels living in the same neighborhood.
...
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B. Character: Preserve and maintain the existing
character of the community.
...
Traditionally, Aspen's neighborhoods have been com-
prised of a mix of housing types, including those which are
affordable by its working residents. The Common Ground Housing
Association, Inc. development will assist in sustaining the
"mixed use" residential character of the neighborhood. It will
,...
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,
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also be compatible in terms of land use, development intensity,
site planning, massing and scale.
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C. process: The community should collectively address
and resolve its issues and problems by considering the interests
of all it's citizens.
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The Common Ground Housing Association, Inc. has sought
to include the community in the planning process. We have been
working on the project for almost two years: at all stages of
planning we have shown the plans to the neighbors as well as
hosted open houses as well as advertised with flyers posters and
have had a number of newspaper articles inviting input and
membership.
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D. Transportation: Create a creative non-auto oriented
public, mass transportation system which integrates pedestrian
and bike trail system with community facilities and services.
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The common Ground Housing site with to its close
proximity to the Lone Pine Road is. on the established Hunter
Creek transit route. The project is also within walking distance
to the shopping and post office complex on Mill street and to the
core of Aspen.
\-
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E. Balanced and Managed Growth: Encourage land uses,
businesses, and events which serve both the local community and
tourist base.
-
The Growth Management Plan was established to ensure
that components of community growth are mutually balanced. Even
with this "system balance" in place, the community has become
imbalanced as many working residents are excluded from Aspen's
neighborhoods. The Affordable Housing Zone(AH) allows for a few
locals to "buy back into" the Aspen experience, and live in a
diverse vibrant neighborhood.
,..
-
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2.2 RelationshiD to the Affordable Housinq production Plan.
The Affordable Housing Production Plan is intended to be used as
a tool by elected City and County officials to guide housing
decisions through 1995. The Affordable Housing Production Plan
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has identified an 800 unit target over the next five years, if
growth continues in the area. In this production plan the private
sector is responsible for developing 115 units. Tl:1e Common Ground
proposal will produce 21 100 % deed restricted units, toward that
goal.
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III.
DEVELOPMENT PLAN
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The development plan includes 21 deed restricted employee
housing units. The Common Ground Housing Association, Inc. is
proposing a project which will encompass a wide range of people
in a resident developed complex. The proposal includes eight 627
sq.ft. 1-bedroom units, five 985 sq.ft., 2-bedroom units and
eight 1,195 sq.ft., 3-bedroom units. The plan also includes a
Common House which will be housed in the two story section of the
currently existing building which is partially scheduled for
demolition.
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The Plan (Site Plan, Exhibit H) incorporates traditional,
planning concepts and places emphasis on integrating the proposed
residences into the surrounding neighborhood and development pat-
terns.
.-
1'*'.
3.1 Existinq Conditions. The proposed Common Ground site
is currently exists as a 23,585 sq.ft vacant building, which
formerly housed the Community Center. The former uses for the
Community Center have all been relocated to the new Health and
Human Services Building.
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3.2 Natural and Manmade Factors. SeeCTL/Thompson's Soil
and Foundation Investigation Report (Exhibit "T").
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3.3 Summary of site Features and Conditions. The site
features and conditions represents a wonderful opportunity with
no constraints for development. These factors are summarized
below.
-
Opportunities for Development:
-
* The site will have a flat building site after demolition of
the existing building, along with an excellent southern exposure
orientation.
,...
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* There are no significant stands of vegetation which will
need to be moved, rare or endangered plants, or wildlife habitat
to impede development.
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-6-
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* The parcel is readily accessible via existing roadways. It
is also within walking distance to bus stops/routes and downtown.
I"""
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* utilities are currently located on the site to serve the
development.
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* The Hunter Creek Neighborhood contains a variety of land
uses, intensities of development, and architectural styles.
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* There are excellent views of Aspen, Aspen Mountain, and
surrounding mountains.
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constraints to Oevelopment:
* None
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IV.
GROWTH MANAGEMENT EXEMPTION
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Pursuant to section 8-104.C.1.c. of the Regulations, the
City council may exempt dwelling units deed restricted in compli-
ance with the Housing Authority's affordable housing guidelines
from the growth management quota system. The applicable review
criteria address such issues as the need for the units, their
compliance with an adopted housing plan, the proposed unit mix,
and the price categories to which the units will be deed re-
stricted. As the project site was specifically rezoned for
affordable housing purposes, and the proposed units comply with
all requirements of APCHA's affordable housing guidelines, the
above review criteria are believed to have been met.
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V.
SUBDIVISION
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Pursuant to section 3-101 of the Land Use Regulations, land
to be used for condominiums, apartments or any other mUltiple
dwelling units is by definition a subdivision. Consequently, the
Applicant's proposed development of a multi-family residential
project is subject to the city's review and approval. Such
developments are reviewed pursuant to the provisions of Section
7-1004.C. of the Regulations. The various subdivision review
criteria, and the proposed development's compliance therewith,
are summarized as follows.
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A. "The proposed subdivision shall be consistent
with the Aspen Area comprehensive Plan."
,....
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The 1973 Aspen Land Use Plan indicates that the
project site is located within the AH land use category. The
property's AH zoning classification is consistent with the
purpose of this category, as is the Applicant's proposed develop-
ment of mUlti-family affordable housing units. The proposed
development is also consistent with the Housing Element of the
Aspen Area Comprehensive Plan in that it geographically disperses
affordable housing among the city's existing residential neigh-
borhoods. To the best of the Applicant's knowledge, no other
element of the Comprehensive Plan contains recommendations which
preclude, or otherwise pertain to, the proposed development.
,....
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B. "The proposed subdivision shall be consistent
with the character of existing land uses in the area. The
proposed Subdivision shall not adversely affect the future
development of surrounding areas."
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The proposed development is consistent with the
character of existing land uses in the surrounding area, and will
have no adverse effect on the area's future development. The
immediate site area consists primarily of mixed residential
development, including numerous mUlti-family rental and condomin-
ium structures, and a variety of single-family residences. As
the area is essentially fully developed, the proposed project
,....
,....
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should have little if any effect on the development potential of
neighboring properties.
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c. "The proposed subdivision shall be in compli-
ance with all applicable requirements of the Land Use Regula-
tions."
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The proposed development has been designed to
comply with the applicable requirements of the underlying [AH]
zone district and all relevant requirements of the Aspen Land Use
Regulations.
.,....
-
D. "The proposed subdivision shall not be
located on land unsuitable for development because of flooding,
drainage, rock or soil creep, mudflow, rockslide, avalanche or
snowslide, steep topography or any other natural hazard or other
condition that will be harmful to the health, safety, or welfare
of the residents in the proposed subdivision."
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No natural hazards adversely affect the develop-
ment of the property. Consequently, no adverse affect upon the
health, safety or welfare of the project's residents is antici-
pated.
-
E. "The proposed subdivision shall not be designed to
create spatial patterns that cause inefficiencies, duplication or
premature extension of public facilities and unnecessary public
costs."
,....
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No governmental inefficiencies, duplication of facili-
ties, or unnecessary public costs will occur as a result of the
provision of public services to the proposed development. All
required utilities are currently available in the immediate site
area. All costs associated with the installation of pUblic
improvements to serve the project will be borne by the Applicant
as may be required.
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VI.
SITE IMPROVEMENTS
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In addition to compliance with the preceding review crite-
ria, the subdivision regulations also require that various
improvements be provided in connection with the proposed develop-
ment, and that specific standards be adhered to in the project's
design. The improvements and design standards which pertain to
the Applicant's proposed development.
,...
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A. Water system: The City of Aspen can provide
service to the project from its existing water lines. The lines
have adequate pressure and capacity to meet both domestic and
fire protection needs of the project.
,...
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B. Sewage Treatment. The Aspen Sanitation District
has the adequate capacity at the wastewater treatment facility
and in the collection system to serve this project.
,...
C. Drainage system. A drainage analysis has been done
and is reflected on the unit site plan.
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D. Fire Protection. Fire protection for the proposed
development will be provided by the Aspen Volunteer Fire Depart-
ment. The project site is located approximately five (5) blocks
from the fire station, resulting in a response time of approxi-
mately five (5) to ten (10) minutes. There is a fire hydrant in
the immediate vicinity of the site. The proposed development is
readily accessible to emergency and fire protection vehicles via
the surrounding street system. The project will be constructed
in compliance with all applicable uniform building code require-
ments, and each unit will be equipped with smoke detectors.
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VII.
DEVELOPMENT DATA
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compliance with section 5-206.2 Affordable Housing (AH) of
the Municipal Code is shown in Table 1, Dimensional Requirements.
Table 2, Development Data, summarizes the Common Ground Develop-
mental proposal.
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A. Traffic and parking: The proposed development is
adjacent to an existing street and is within the guidelines for
the parking requirement in the (AH) Affordable Housing Zone of a
minimum of 1 space per unit and a maximum of 2 parking spaces per
unit. Because most of the current Community Center building and
all of its. activities will be removed, the episodic or "peaking"
traffic impacts generated by the existing facility will be
replaced by the far more modest and sporadic vehicular movements
required of 21 individuals and families. Further reducing
traffic generated by the project will be its immediate proximity
to mass transit and close proximity to the North Mill street
service area. Because Common Ground is usually upvalley where
residents work, its reduces commuter traffic on Highway 82. (See
Banner Associates Traffic Impact Analysis, Exhibit "5".)
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"..,
,...
"..,
B. Affordable Housinq: The Common Ground Development
proposal is in compliance with the Affordable Housing Zone
guidelines, Aspen/Pitkin county Housing Guidelines and 1990-95
Production Plan. The proposal consists of 100 % deed restricted
employee housing.
"..,
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C. stoves and Fireplaces: The employee restricted
units will not be equipped with fireplaces or wood burning
stoves.
'"'
-
D. Proximity to Public Facilities and Services: The
Public Facilities Map (Exhibits I and J) illustrates the projects
proximity to parks, schools, libraries, governmental offices,etc.
The project is well located with respect to retail and service
outlets.It is on an established bus route which provides ease of
transportation to the downtown area, as shown on the RFTA Route
Map (Exhibit K).
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,..
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E. Effect on Adjacent Land Uses: The existing neigh-
borhood consists of mUlti-family complexes. The land use pat-
terns and neighborhood character will be maintained and strength-
ened by this plan.
-
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F. construction Schedule: The project is scheduled to
break ground as early in the spring of 1993 with a completion
date approximately 6 months later.
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VIII.
LOT LINE ADJUSTMENT
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As part of the development plan, the Applicant requests
approval of a lot line adjustment with the adjacent Hunter
Longhouse property. As shown on the enclosed Exhibit M, the
Applicant requests a lot line adjustment which would best accom-
modate both projects by allowing for the shared parking lot to be
jointly owned, convey property along the front and back of Hunter
Longhouse to that project and provide a better alignment of the
property line between the two properties. This lot line adjust-
ment will result in a total net square footage gain to Hunter
Longhouse of approximately 1,000 square feet and to the Applicant
of approximately 6577 square feet. Included in the attached
exhibit is a consent of the lot line adjustment request executed
by the owner of the Hunter Longhouse property.
-
,..
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-
,..
This lot line adjustment satisfies all of the review stan-
dards required under Section 7-103A(1) the Code as follows:
,..
(1) The lot line adjustment will permit an insubstantial
change between the adjacent parcels.
-
(2) We are .in negotition with both landowners whose lot
lines are being adjusted to provide written consent to the
approval of the application.
,..
,..
(3) The lot line adjustment is requested in order to
address specific hardships. The existing Hunter Longhouse
property configuration basically results in a strip of land on
the front and the back of its property which is owned by the
Applicant. Further, the Applicant would own the majority of the
parking lot, including the entrance which requires an easement
through the entrance to the parking lot for Hunter Longhouse.
The lot line adjustment better divides the property between the
two projects and particularly with regard to the shared parking
lot and access.
,..
,..
-
,..
(4) The corrected plat for both of the properties will meet
the standards and conform to the requirements of the Land Use
Code.
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,..
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(5) The lot line adjustment will' not create a new lot for
resale or development or effect the development rights or density
for either of these two parcels. Hunter Longhouse is a. developed
parcel and the Applicant's property is subject to the proposed
development plan.
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IX.
STREAK MARGIN REVIEW
,...
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No development is being proposed within 100 feet from the
high water line of the Roaring Fork River. There is no special
flood hazard area on the property. Therefore, there are no
mitigation measures required under stream Margin Review.
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x.
SPECIAL REVIEW FOR PARKING AND OPEN SPACE
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The open space and on-site parking requirements of the AH
zone district are established by special review pursuant to
Section 7-400 of the Regulations. Each of these special review
issues, and their applicability to the proposed development, is
discussed below.
,....
-
As the plan indicates, z44,500 square feet, or 50% percent,
of the project site will remain undeveloped. This development
will not decrease the amount of open space currently on the site.
However, outdoor spaces will be much more than just "open space,"
as Common Ground intends to develop a children's play area, a
garden, and a terrace overlooking Hunter Creek, as well as a
community commons in the center from which all units have their
access and "front" orientation. In addition, each unit will have
its own private "background" space, away from the common areas.
,....
-
,'-
,....
As discussed previously, the proposed development has a
m~n~mum of 1 parking space per unit and a maximum of 2. parking
spaces per unit, with parking restricted to the periphery of the
site. Pursuant to section 5-208.E.1., the maximum number of
parking spaces required in the AH zone district is limited to the
lesser of one (1) space per bedroom or two (2) spaces per dwell-
ing unit. As the proposed development contains 21 units and 42
bedroom units, the maximum amount of on-site parking cannot
exceed forty-two (42) spaces. The proposed 32 parking spaces
meet these requirements.
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XI.
CONDOMINIUMIZATION
,....
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Pursuant to section 7-1007 of the Regulations, the
condominiumization of new affordable housing units is subject
only to the receipt of City council approval and the recordation
of a condominium plat and declaration which meets the require-
ments of the city's Engineering Department. As the proposed
development will be fully deed restricted to the Housing
Authority's affordable housing guidelines, no impact fee is
required. The Applicant will submit a condominium plat and
declaration for review by the Engineering Department upon sub-
stantial completion of construction. The plat and declaration
will be recorded with the Pitkin county Clerk and Recorder's
office prior to the conveyance of the project's individual units.
,....
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XII.
VESTED PROPERTY RIGHTS
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In order to preserve the land use approvals which may be
obtained as a result of this application, the Applicant hereby
requests vested property rights status pursuant to the provisions
of section 6-207 of the Land Use Regulations. It is understood
by the Applicant that, to establish such status, final approval
of the proposed development must be granted by ordinance of the
City Council. It is also the Applicant's understanding that no
specific sUbmission requirements, or review criteria other than a
public hearing, are required to confer such status.
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Pitkin County
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August 12, 1991
-,
,.....,
Michael Kinsley
Common Ground Housing Association, Inc.
Box 11499
Aspen, CO 81612
Dear Michael:
-,
-.
This letter grants you permission to process a Land Use Application
on what is commonly known as the Community Center Site. This
application is under the direction of the Common Ground Housing
Association.
....
Pitkin County agrees to process the application but reserves the
right to review any land use approvals before agreeing to them.
Sincerely,
/CO/~
Reid Haughey
county Manager
---,
-.,
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pcsem/wp/8.535
-
cc: Board of County commissioners
Common Ground Housing Association
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....
EXHIBIT A.
-
Administration
530 E. Main, 3rd Floor
Aspen, CO 81611
(303) 920-5200
FAX 920-5198
@ printed on recycled paper
County Commissioners
SuiteS
506 E. Main Street
Aspen, CO 8161 I
(303) 920-5150
County Attorney
Suilel
530 E. Main Street
Aspen, CO 8161 I
(303) 920-5190
Personnel and Finance
SuileF
530 E. Main Street
Aspen, CO 816ff
(303) 920-5220
Transportation
Facilities
76 Service Center Road
Aspen, CO 81 61 1
(303) 920-5390
~
~
Form No. 1343 (CQ-SO)
AL TA Plain Language Commitment
-,
,.....,.
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
....,
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...
-
agent for
,...
-,
FIRST AMERICAN TITLE INSURANCE COMPANY
AGREEMENT TO ISSUE POLICY
-.,
FIRST AMERICAN TITLE INSURANCE COMPANY, referred to in thisCommitment as the Company,
through its agent, identified above, referred to in this Agreement as theAgent, agrees to issue a policy to
you according to the terms of this Commitment When we show the poliCY amount and your name as the
proposed insured in Schedule A, this Commitment becomes effective as oftheCommltment Date shown
in Schedule A.
If the Requirements shown In this Commitment have not been met within six months after the Com-
mitment date, our obligation under this Commitment will end. Also our obligation under this Commitment
will end when the Policy is issued and then our obligation to you will be under the Policy.
Our obligation under this Commitment is limited by the following:
--.
-
,...
The Provisions in Schedule A.
The ReqUirements in Schedule B-1.
The Exceptions in Schedule B-2.
The Conditions on the reverse side of this page
-
-
This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B.
,...
...
First American Title Insurance Company
Byr?~xf~ PRESIDENT
,...
BY
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1V...1t' c.>~L.,t.
SECRETARY
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~ _ :, SEPTEMBER 24. : = I
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BY
COUNTERSIGNED
EXHIBIT B
.
-
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COMMITMENT
SClIEIXJLE A
Martha Pidfet/Esq
M:::Flynn & Pidcett R::
320 Way Main street
ASPEN CD 81611
1. Effective Date:
s.1/cr
July 27, 1992 at 7:00 AM
Order No. 402167-C
0Is'tx:ller Ref............", Ccmn:l.ssicn
2. ALTA 0MIer I s POlicy
P"'l,;seli Insured:
Jlmcunt: $
... '10 BE DE'l'ER'IINED
-
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-
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-
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-
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3. ALTA Loan Policies
IJ4. '1-w,&:1 Insured:
Amount: $
&''l..:nli Insured:
Amount: $
4. '!be estate or: .inte..e.rt .in the land described or: refeaed to in 'this Ccmn:l.1DEnt and
CXJnVeyed herein is:
FEE SIMPIB
and title tl.......tc is at the effective date hereof vested in:
OOARD OF CXlJN1'Y CXM1ISSIrn' OF PITKIN CUJN'lY CDIOOADO, a body COI.J.JULcst:e arrl
politic
OWner's Premil.ll\: $
I.erx3er's Premiun: $
Add'I I.erx3er Olg: $
Add'I 0laJ:ges: $
Tax Certificate: $
E:..:1."....,-..lt Olg: $
TED 01arges: $ 200.00
TO'mL (]JIUG;S: $ 200.00
issued by:
Aspen Title Co.qX)rdticn
600 E. Hopkins Avenue, #102
1\SPEN CD 81611
FAX (303) 920-4052
(303) 920-4050 Demler 595-8463
FIRST J\MElUCAN TITlE :INSlJR.l\KE CXM'ANY
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COMMITMENT
SCHEP:J1.~ A (CXlIrtinued)
Plat id No.
Order No. 402167-<.
5. '!he land refer;red to in the Camu:basnt is covering the land in the State of
Colorado, Coun1:y of Pitkin, described as follows:
A tract of larx:l located int w 1/2 of Secticn 7, toonship 10 South,
Range. 84 West, 6th Pr:l.1cipal Meridian, Coun1:y of Pitkin, state of
Colorado nme particularly described as follows:
The f01.lowi.nJ courses arx:l dimensicns are derived fran the nlCULd,
c:aaputaticns, arx:l field surveyed date.
Beginning at the Northwesterly comer of the cx:MII::N CRXlND lKUSnu
PR:>JECr TAACl' wtelCe the 1/4 c:::o.:ller U,.IIIIUl to Secticn 12, Township 10
South, Range 85 West, arx:l to Secticn 7, Township 10 South, Range 84
West, both 6th Priooipal Maridian bears South 87013'56" West, 1058.95
feet;
1. th!rlCe South 89057' 52" Fast, 126.88 feet;
2. th!rlCe South 88'11' 20" Fast, 47.31 feet;
3. t:helXe South 01"48'40" West, 16.03 feet;
4. th!rlCe North 89056'52" Fast, 14.56 feet;
5. th!rlCe South 00003' 12" Fast, 19.89 feet;
6. t:helXe North 89058'58" Fast, 152.44 feet;
7. t:helXe North 75019'58" Fast, 9.37 feet;
8. t:helXe North 73023'55" Fast, 26.17 feet;
9. the.JCe South 33026'27" Fast, 42.52 feet;
10. t:helXe south 51'04'29" Fast, 59.96 feet;
11. t:helXe South 860 15' 27" Fast, 130.81 feet to a point whe..JCe the
center 1/4 comer to Secticn 7, Township 10 South, Range 84 West, 6th
Principal Meridian bears North 89'30'08" Fast, 977.29 feet;
12. thellCe South 00003'11" Fast, 25.39 feet;
13. t:helXe North 89058'58" West, 168.24 feet;
14. t:helXe North 00'03'11" East, 45.01 feet;
15. t:helXe North 56038'28" West, 80.83 feet;
16. t:helXe South 33022'41" West, 62.95 feet;
17. t:helXe South 00039'01" West, 20.99 feet;
18.. t:helXe South 40051' 16" West, 22.71 feet;
19. th!rlCeNorth 89016'45" West, 20.64 feet;
20. t:helXe South 00003'11" Fast, 24.49 feet;
21. th!rlCe South 03'08'10" West, 23.43 feet;
22. therr.8 South 00026'50" West, 70.98 feet;
23. therr.8 North 89058'58" West, 38.18 feet;
24. thence South 00000'14" Fast, 68.45 feet;
25. tbanoe South 00000'14" Fast, 81.88 feet;
26. t:helXe North 71030'12" West, 0.15 feet;
27. thence South 73058'00" West. 58.68 feet;
28. t:helXe South, 44.98 feet;
29. thence North.-35~ 10'29" ~I\,,&t, 15'/:;73-feet;-
30. th!rlCe North 35'19'13" West, 14.02 feet;
31. t:helXe North 00008'33" Fast, 64.90 feet;
( Ccn1:inued)
FIRST AMERICAN TITLE ll'SJRAN:E cx:MPANY
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Lm!IL DESaUPl'Itfi (antl.nued)
Order !'b. 402167
32. thelloe N:Jrt:h 40042'16" West, 118.97 feet:
33. th",lCe N:Jrt:h 00002'01" East, 175.42 feet to the Iibint of
Beginrlirq .
FIRST AMmUCAN TITLE INSUlWCE cx:MPANY
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COMMITMENT
SCJmU B
Sec:tiro 1
Order No. 402167-t.
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'!HE FOI.U:MllG. ARE '!HE ~ TO BE cx:MPLIm WI'lH:
Itan (a) Paynent to or for the acx:x:lUIlt of the grantors or IIOrtgagors of the full
cx:IlSideratial for the estate or interest to be insured.
Itan (b) Prqler instrulelt(s) creatllg the estate or interest to be insured nust be
executed ani duly filed for Leua.:U, to wit:
.1. Deed fran OOARD OF <DJNlY CXM'IISSION OF PITKIN <DJNlY COIrnAOO, a body
().u.p.u.ate ani politic to A B.IYER '10 BE DE'l'ER'IINED.
l'Ul'E: IW.y executed real prq;l&ty transfer dec1aratial, executed by eit:rer
the Grantor or Grantee, to ~I~'Y the Deed menticned above, pursuant to
Article 14 of lbuse Bill No. 1288 - rnA 39-14-102.
FmsT J\ME1UCAN TITlE INSlJ1WCE CXME'J\NV
'!be policy or policies to be issued will oootain exoeptialS to the folladng matters
unless the saae are <Jii9("jsed of to the satisfac::ticn of the ~:
. Nty loss or damage, ilxll.~ aLl....,l.1lElY fees, by reascn of the matters slx:Mn below:
Nty facts, rights, interests, or claims which are not slx:Mn by the public r~.ls
but which could asoertained by an inspecti.cn of said land or by making iI1quiry of
persoos in po.'3S~..."'t("ll thereof.
Easemants or cla:1ms of easements, not slx:Mn by the public I.~.J$.
Oiaa."""""cles, cx:rlflicts in I:lourxlary liMs, shortage in area, e.ll:a.o,3,.h'I,,'llts, and
any other facts which a CX>.LL",-,t survey would disclose and which are rot slx:Mn by
the public reo...cUs.
Nty lien, or right to a lien for services, labor or material heretofore or hereafter
furn:ished, ill(:vsed by law and not slx:Mn by the public ..:ew...Us.
Defects, liens, erx:unbrames, adverse cla:1ms or other matters, if any, created,
first appearing in the public :recoros or attad1.i.nJ subsequent to the effective date
tEreof, but prior to the date the V.L~ insured acquires of :r:eco..:d for value the
estate or inle!est or nort..gage therec:n oovered by this Call1li:b1ent.
6. Taxes due and payable; and any~, special assessments, d1arge or lien imposed
for water or sewer service, or for any other special taxing district.
7. Right of the Proprietor of a Vein or Lode to au."",,""t and :rarove his ore therefrc:m,
slnJJ.d the sane be found to penetrate or intersect the premises hereby granted, as
reserved in United States Patent reoorded June 8, 1888, in Book 55 at Page 2 and
December 24, 1902, in Book 55 at Page 116.
8. An uOOivided all interest in all oil, gas and other mineral rights, as res&Ved by
Della S. Calsolidated Mines CarilanY in the Deed to Board of County Carmissiooers of
Pitkin County, Colorado rl3CUrded February 3, 1969, in Book 190 at Page 39, and any
and all assigments thereof or interests therein.
9. Nty and all veins, lodes or ledges and properties located at a depth of 500 feet
be1CM the surface as reserved in Deed frc:m Aspen Ca1Solidated M:ini.1v CarilanY to Top
of Aspen, m::. reco...dt3d Deoember 26, 1967, in Book 231 at Page 612.
10. Easemant and right of way for transmissicn line pw:poses, as granted by Jdln R.
Willians to 'lb! roaring Fork Electric IJ.ght and Power Ccnpmy by instnment
~dt.d Novenber 20, 1889, in I30cR 61 at Page 185.
(CCntinued )
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COMMITMENT
SCHEDJLE B
Secticn 2
El\I..;t;t"J:J.~.
Order No. 402167-C
FIRST llMERICAN TITLE IN3URMCE cn1PANY
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ElluYr.l.(H; (antinued)
Order No. 402167-l
11. Fa.itolkle..t am right of way for water line p.ttposeS, as granted by the Citizens
- Ibspital ~'3SOC'i&ticn to the Castle Creek Water Carpany by instrument recorded
Nov..d.-: 9, 1893, in Book 115 at Page 302 am further refe..811CE!d in instrument
rt1.uLu...l April 12, 1960, in Book 190 at Page 288.
Easement am right of way for road purp::lSBS, as granted by Pitkin County to Ruth
~iHa BiseJ. by instrument reco.r.Jed nay 22, 1961, in Book 194 at Page 149.
Easement am right of way for water line purp::lSBS as referenced in instrument
r.........u...l August 27, 1976, in Book 315 at Page 911.
Easement am right of way for electric t:ransnissioo line pw.poses, as granted by
Pitkin County to lb1y Cross Electric lIsSOC'iaticn, Iro by instrument recocded May
18, 1982, in Book 426 at Pages 598 am 599.
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15. Terms, ayL~ke'lls, provisials, o::niitia1s am obligatiCXlS as o:ntaired in
Resoluticn 80-8, L..........Jed February 12, 1980, in Book 383 at Page 585.
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16.
Terms, "'OlL"""''''''ts, proITisiCXlS, o::niitiCXlS am obligatiCXlS as o:ntaired in
Resolutioo 89-63, L.........u...l August 14, 1989, in Book 599 at Pages 373 am 376.
SUbdivisioo Irrprovanents ~teele.ut between J\Spen Pitkin Hcusirg Authority am the
Bc:la%d of County Cannissiasrs rElCOJ:ded August 30, 1989, in Book 600 at Page
851.
Site Lease between the County of Pitkin, ColoraOO am Aspen Pitkin Enployee
fb.1S:irg, Iro., recorded Dec:anber 31, 1985, in ~__502<;1:L~ 532.
Nry questioo, dispute = adverse claims as to any loss = gain of lam as a
result of any ~ in the riverbed locaticn by other than natural causes, =
alteratioo through acx::retioo, re1ictioo, erosioo = evulsioo of the center
thread, bank, channel = flow of the waters in the Hunter Creek lyirg within
subject laOO: am any questia1 as to the locatioo of such center thread, bank,
bed = channel as a legal descriptioo I1D'IIJIl1el1t = marker for the pucpcs:s of
describirg or loca.tinJ subject lams.
lCl'E: 'lb!re are ro dcx:unents in the lam J:ecords in the office of the Clerk am
~dt.r for Pitkin County, ColoraOO, aco.u:ate1y locatirg past or preE?.t
locatiCXlS of the center thread, bank, bed or channel of the above river =
indicatinJ any alteratia1s of the sane as fran time to time nay have oocured.
Nry rights, :interests = easements in favor of the State of ColoraOO, the United
States of J\nerica, or the general public, which exist = are cl<Wned to exist in,
over, uOOer am/or across the waters am present am past bed am banks of the
Hunter Creek.
17.
18.
19.
20.
(Ontinued)
FmST lIMEJUCJ\N TITIE IN3U1WCE CXMPANY
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EllL;t.t-l'.LOOS (a:ntinued)
Order No. 402167-<..
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21. Arw arxi all U1lrE!de:s,'9d tax sales.
N:)l'E: Up::n receipt of a Certificate of Taxes Due evidero:irY;J that there are 00
~ cp;!Il tax sales, the above exoepticn will not awear a\ the policies to
be i '=' "!d he:teunder.
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FIRST J\MERIC!\N TITLE ~ a::MPANY
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NOTICE TO PROSPECTIVE BUYERS
OF SINGLE FAMILY RESIDENCES
(PURSUANT TO INSURANCE REGULATION 89,2)
J""'f
A.
"GAP" PROTECTION
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When First American Title Insurance Company or its authorized agent, (hereinafter referred to as "Com-
pany"), is responsible for recording or filing the legal documents creating the estate or interest to be insured in
a single family residence and for disbursing funds necessary to complete the transaction, the Company shall
be responsible for any deeds, mortgages, lis-pendens, liens or other titie encumbrances which first appear in
the publiC records subsequent to the Effective Date of the Commitment but prior to the Effective Date of the
Policy, provided the following conditions are satisfied prior to the Company's disbursement of the funds:
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1, Properly executed documents creating the estate or interest are in the possession of the Company.
2. A fully executed Affidavit and Indemnity form signed by the seller and satisfactory to the Com-
pany is in the possession of the Company.
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No Coverage will be afforded against deeds, mortgages, lis-pendens, liens or other title encumbrances ac-
tually known to the proposed insured prior to or at the time of recordation of the documents.
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Public Records as used herein means those records established under state statutes for the purpose of
imparting constructive notice of deeds, mortgages, lis-pendens, liens or other title encumbrances to purchasers for
value and without knowledge.
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B. MECHANICS' LIEN PROTECTION
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If you are a buyer of a single family residence, you may request coverage against loss because of
unrecorded claims asserted by construction, labor or material suppliers against your home.
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If no construction, improvements or major repairs have been undertaken on the property to be purchased
within six rnoffih8 prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded
liens will be payment of the appropriate premium and the execution by the seller of an Affidavit and Indemnity
form satisfactory to the Company.
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If there have been construction, improvements or major repairs undertaken on the property to be pur-
chased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for
unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the
builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity Agreements satis-
factory to the Company; and, any additional requirements as may be necessary after an examination of the
aforesaid information by the Company.
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No coverage will be given under any circumstances for labor or material for which you have contracted or
agreed to pay.
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NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY
OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY
SATISFIED.
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C-3 (Commitment Notice)
Colorado
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DISCLOSURE STATEMENT REQUIRED BY
COLORADO REVISED STATUTES
~10.11.122
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Colorado Revised Statutes ~1 0-11 -122 requires that "every title insurance agent or title insurance company shall
provide, along with each title commitment issued, a statement disclosing the following information:
(a) That the subject real property may be located in a special taxing district;
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(b) That a certificate of taxes due listing each taxing jurisdiction may be obtained from the
county treasurer or the county treasurer's authorized agent;
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(c) That information regarding special districts and the boundaries of such districts may be
obtained from the Board of County Commissioners, the County Clerk and Recorder or the
County Assessor."
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CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
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PROJECT: C.'l -- h.. t'. ll-<lA"(5 ,
APPLICANT'S REPRESENTATI~E:\R @/Y') f I \ I\)q (Q ~ (lltf\
REPRESENTATIVE'S PHONE: <=).. I 9 ((J I
OWNER I S NAME: (?S:JU "+ LI)
SUMMARY
1. Type of Application n ('t.'! ') ().,\I\/\~ <fX(lIMr)S~Q../LJQ\JjA..A.~....J
2. Describe action/type of development being requested:
;S j'U 0.0 e' Co :-:fU).o.,c f'~ ! "r-'" "1"',/1 GUhIL",iOV'--::;
~ j ('oe~J~rA~b.OJ.e ~ ~d:/J.I ~~ ~y) ~ jlO.,~i' p :rrr-n A ) Altl- ~ )V1rf1
~ Q OL'I-\^ (V\ 1\ ';f 9-tV\ reOt f( (\) ; I (l,cl- -L, l5 I 0~.fl1rv\,
3. Areas is which Applicant has been requested to resp~nd, types
) r' "" 9f::xf~~~rf!, requested:
polk; 'Area/
Referral Aqent
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~~~;!~:,- CP" on1y) ~/ ~WJ~:. tn- c~
5. Public Hearin'. G, (NO) I
6. Number of copies of the application to be submitted: J.?J
7. What fee was applicant requested to submit: \\,~ ~.J (.. i1lc+'Y.:7f.\.\tf
8. Anticipated date of submission:
9. ,COW'lEN~S/UNIQ1)CONCERNs.:,.v,,,-,,e. {/(",~_(). n 1...f.LrL't.')li)\\'ctf(7f"
q t u,j;, -+' .J-,f/, tV;"> '" ~ A ct l CY\ft t (~t '( -/t!-, .~, ,)
01, (,).,! -In dN LI \.'\( 1- '--j2C'lt ,_~ (' <f:"Y'v,/VV'.IJ-<Y'. \, ,d L r 'c\!::.:>qn.-; ~h~.;:S_
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!,'~ ASPEN, COLORADO I: ASSOCIATES ARCHITECTS J[~ta ' ~'~i)
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Hunter Creel( Free Shuttle
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Hours of Operation: 7:00 a.m.-12:00 midnight daily.
Outbound: Departs Rubey Park at :00, :20 and :40
past each hour.
Inbound: Departs Hunter Creek at :07, :27 and :47
past each hour. Departs Centennial at :10, :30 and :50
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Round Trip Time: 20 minutes
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-
BANNER
-
CONSULTING EN.GINEERS S. AIlICHITECTS
October 7, 1992
BANNER ASSO.CIATES, INC.
2777 Crossroads Boulevard
Grand Juncllon, Colorado 81506
(303)243.2242
FAX (303)243-3810
805 East Main, Suite 6
Aspen, COlorado 81611
(303) 925-5857
-
-
Randy Wedum
John R. Wedum DesignlDevelopment
616 E. Hyman Ave
Aspen, CO. 81611
-
RE: COMMON GROUND HOUSING ASSOCIATION
UTILITY AVAILABILITY
-
Dear Randy:
-
-
This letter comprises an utility availability analysis for the proposed Co-Housing
residential development at the comer of Red Mountain Road and Lone Pine Road. This
analysis addressed the utility services aspect of the project.
-
General Back2round
-
The proposed development, consisting of 21 units will be place on the former Pitkin
County Community Center site. Over the years this site has also served the community as
the Aspen Hospital. Based upon these facts, it is obvious that utility service has existed to
the property.
-
The project is within the service areas of the Aspen Water Department, the Aspen
Consolidated Sanitation District, Holy Cross Electric Association, Rocky Mountain Natural
Gas and U.S. West Communications.
-
Water Service
-
-
The existing Community Center site is served with a 6 inch water line from Red
Mountain Road. The existing 8 inch line in Red Mountain Road has sufficient flows to
serve the proposed 21 unit development. To provide a looped water system that is
adequate for domestic service as well as fire protection, an 8 inch line has been designed
to connect to an existing line in Lone Pine Road, continue through the site and loop into
the line in Red Mountain Road. Additionally, a 8 inch line will be taken to the north
property line of the project to provide service to the adjacent parcels.
-
This system will be installed to meet the specifications of the Aspen Water
Department. Easements over the main lines will be provided and the system will be
conveyed to the Water Department.
-
-
-
EXHIBIT a
....
BANNER
....
....
October 7, 1992
September 10, 1992
Randy We dum
Page 2 of 3
....
Sanitarv Sewer
....
....
The existing site is served by an 8 inch sanitary sewer main in Lone Pine Road. To
efficiently serve the proposed project, a new 8 inch line will be constructed through the
proposed central core area of the project. This will allow for service to each of the
buildings without an extensive service line network.
....
The proposed system will be installed to meet the specifications of the Aspen
Consolidated Sanitation District. At this time, due to the line location I am unsure if the
system will be conveyed to the District. Upon completion of the plans, a submittal will be
made to the District to verify acceptance.
....
....
Private U tlIities
....
Phone service to the proposed project will be accomplished via existing U.S West
Communications facilities adjacent to Red Mountain Road. U.S. West has maintained that
there is enough capacity for the proposed development. Similarly, natural gas is in place
in the Red Mountain Road right-of-way. There is currently a 11/4 inch gas line which
serves the former hospital building. This will be increased to a 2 inch main line and will
have sufficient volumes to serve the demands anticipated by the Common Ground Housing
development. Additionally, the cable television service will be provided from existing
facilities south of the former hospital building. United Artists Cable Television has assured
Banner Associates, Inc. these are adequate to serve the future demands of the project. An
electric transformer will be placed adjacent to the power pole near the Hunter Longhouse
parking lot. The Holy Cross Electric Association has also assured that an electric service
line extending from this location will carry sufficient power to service the complex.
....
....
-
-
-
...
...
...
....
-
BANNER
-
-
October 7, 1992
Randy Wedum
Page 3 of 3
,...
-
All private utility extensions to the project will be made in accordance with the
specifications of their respective supply companies.
Please feel free to contact me with any questions or comments.
-
-
Sincerely,
1?ED~
-
~.
Robert E. Daniel, Jr.,PE
Aspen Projects Director
BANNER ASSOCIATES, INC.
-
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-
BANNER
-
CCNSULTING ENGINEERS & ARc"'ITe;cTS
October 7, 1992
BANNER ASSOCIATES, INC.
2777 Crossroads Boulevard
Grand Junction, Colorado 81506
(303) 243.2242
FAX (303)243.3810
805 East Main. Suite 6
Aspen, Colorado 81611
(303)925-5857
-
-,
Randy Wedum
John R. Wedum Design/Development
616 E. Hyman Avenue
Aspen, CO. 81611
-
RE: COMMON GROUND HOUSING ASSOCIATION
TRAFFIC IMPACT ANALYSIS
-
Dear Randy:
-
-
This letter comprises a traffic analysis for the proposed Co-Housing residential
development at the comer of Lone Pine Road and Red Mountain Road. This analysis
addresses the traffic impact of this project to the surrounding area.
General Backl!round
-
-
This study is prepared to provide the City of Aspen with information relative to
traffic impacts as a part of the review process for the proposed development of the former
Community Center site. In 1991, Pitkin County constructed a new Health and Human
Services Building located adjacent to the Aspen Valley Hospital Campus. This new facility
includes space for a number of uses that were formerly housed in the Community Center,
including day care facilities, mental health facilities, community health facilities, social
services offices, cooperative extension offices as well as other smaller uses. The relocation
of these uses and services to the newly constructed Pitkin County Health & Human
Services building has made the Community Center site available for the development of
additional employee housing.
.-
,-
,.....
Existim! Conditions
-
The Community Center functioned mainly as an office type facility with services
generally offered from 8:00 AM to 5:00 PM, during the work week. Based upon that
information, it can be assumed that the peak traffic volumes accessing the site occurred
between 7:00 Am and 9:00 AM as well as 5:00 PM to 6:00 PM. Additionally, because of
the nature of the services provided at the community center there was a certain volume of
traffic generated throughout the day by the public. Based upon the building gross area of
20,000 square feet and a trip generation of 8.5 Vehicle Trip Ends per day per 1000 square
feet, an average traffic volume of 170 Vehicle Trip Ends per day can be calculated. This
is using information contained in the 1988 Institute of Traffic Engineers manual.
!"""
-
-
-
..
EXHIBIT S
-
BANNER
-
-
October 7, 1992
Randy Wedum
Page 2 of 3
-
Proposed Development
-
Prior to presenting the technical information associated with the proposed
development, I would like to present some of the project background. As a part of the
grant program for construction funding of the Pitkin County Health and Human Services
Building, a requirement was made that the existing Community Center site be developed
into affordable housing. Additionally, as a part of the Aspen Area Comprehensive Plan,
this site has been designated as one which would be appropriate for the development of
affordable housing. This is because it meets several of the Plan goals to provide housing
close to the downtown core, (within walking distance) in the service area of mass transit
and within the Metro Area. This information shows that from a land use and planning
perspective, the Community Center Site is an appropriate site to contain this development.
-
-
-
....
-
Strictly from a transportation/traffic impact perspective, this site also is an
appropriate location for affordable housing. When analyzing potential traffic impacts from
a development it is important to evaluate transportation use options that exist for the
residents/users of the project. Few sites within the Aspen Metro Area offer more options
to the end residentsiusers. As mentioned, the site is within walking distance to the
downtown core, postal service, grocery shopping, and public ball fields. Additionally, a bike
path exists across Red Mountain Road which connects to other recreational opportunities.
Currently there is a free Hunter Creek (RFfA) Bus service with a shelter across Lone Pine
Road that is also available for the residents/users of this project. Each of these options,
in conjunction with the trend toward reducing congestion in the downtown core, reduces
the potential number of vehicles per day generated by this development.
-
,...
,..,
...
Using a strict engineering approach, based upon the 21 units proposed and a trip
generation of 6.1 Vehicle Trips Ends per day and average traffic volume of 138 Vehicle
Trip Ends per day can be calculated. Based upon a direct correlation between the
Community Center site and the proposed development, it can be deduced that the
,-conversion of the land use to resic!entiall!s~ ~Jl ~cJY.!!~,!e~~~J~!:,,!!:!'fEc..a~~s~!~ted with.
this site. '
-
..
.
~
BANNER
....
-
October 7, 1992
Randy Wedum
Page 3 of 3
,...
Conclusion
-
-
Based upon the date herein I believe that there will be no significant traffic impacts
associated with the development of this site. This belief is based upon the project location,
proximity to downtown Aspen, mass transit availability, alternative transportation
availability and the reduced intensity in the land use from the Community Center to
residential.
-
Please feel free to contact me with any further questions or comments that you may
have.
-
-
Sincerely,
-
r;?fQX
-
Robert E. Daniel, Jr.,PE
Aspen Projects Director
BANNER ASSOCIATES, INC.
-
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-
.
.
-
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CTL/THOMPSON, INC.
CONSULTING GEOTECHNICAL AND MATERIALS ENGINEERS
-
-
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....
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SOILS AND FOUNDATION INVESTIGATION
COMMON GROUND HOUSING
Red Mountain Road and Lone Pine Road Intersection
Aspen, Colorado
-
-
-
-
Prepared For:
December 1 9, 1991
-
-
Caudill Gustafson Ross and Assoc
234 E. Hopkins Avenue
P.O. Box FF
Aspen, COlorado
-
Attention: Mr. Richard DeCampo
-
-
Job No. 18353
-
234CENTERORIVE . GLENWOODSPRINGS.COLORAOO81601 . (~H I BIT I
,...
"'"
-
-
TABLE OF CONTENTS
,...
"'"
SCOPE ......................................................... 1
SUMMARY OF CONCLUSIONS .......................................
SITE HISTORY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
SITE CONDITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
PROPOSED CONSTRUCTION ........................................ 3
SUBSURFACE CONDITIONS .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 4
SITE EXCAVATION ................................................ 5
FOUNDATIONS ................................................... 5
FLOOR SLABS AND EXTERIOR CONCRETE FLATWORK . . . . . . . . . . . . . . . . . . .. 6
BASEMENT CONSTRUCTION ........................................ 7
SURFACE DRAINAGE .............................................. 8
LIMITATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8
FIGURE 1 - LOCATIONS OF EXPLORATORY BORINGS
FIGURE 2 - SUMMARY LOGS OF EXPLORATORY BORINGS
FIGURES 3 AND 4 - GRADATION TEST RESULTS
FIGURE 5 - EXTERIOR FOUNDATION WALL DRAIN
TABLE 1 - SUMMARY OF LABORATORY TEST RESULTS
-
"'"
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~
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,...
,...
-
SCOPE
-
This report presents the results of our soils and foundation investigation for the
,...
Common Ground Housing Development to be northeast of the Red Mountain Road and
,...
Lone Pine Road intersection in Aspen, Colorado. We explored the subsurface conditions
at the site to provide foundation recommendations for the proposed apartment buildings.
-
The report includes a description of the subsurface conditions found in our exploratory
-
borings, a recommended foundation system and geotechnical and construction criteria
for details influenced by the subsoils. Our report was prepared from data developed
-
during our field exploration, laboratory testing, engineering analyses and our experience
with similar conditions. A summary of our conclusions is presented below.
-
....
SUMMARY OF CONCLUSIONS
-
-
-
-
3.
- 4.
,"'"
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1.
Four apartment buildings will be constructed. An existing building at the
site will be razed. We recommend all existing foundations, floor slabs,
utility services, existing fill and other construction be removed from the
building areas before starting construction of the new buiiding.
2.
Our test holes penetrated up to 2 feet of asphalt concrete and aggregate
base underlain by man made fill above natural sandy gravels at our TH-2
through TH-5 locations. At our TH-1 location sandy gravels were found
below the existing pavement section. At our TH-6 location we found 6-
inches of fill above sandstone bedrock.
No free groundwater was found in our borings at the time of drilling.
We recommend founding the apartment buildings with spread footings
bearing on the natural sandy gravels or sandstone bedrock. Footings
should not be placed on existing fill. At this writing it had not been decided
if floors with a crawl space below, or slab-on-grade floors will be
constructed. The natural sandy gravels can be subgrade for slab-on-grade
construction.
....
....
....
5.
Good surface drainage is important. Surface drainage directed away from
the structure should be maintained at all times to reduce the risk of wetting
soils below the foundations and floors.
....
,-
SITE HISTORY
I""'
J. R. Williams and David Hyman donated the site and Little Williams Lake to the
City of Aspen in the late 1800's. The lake had served as a settling pond for mine tailings
....
and was to the east of the existing building. The Citizens Hospital, a victorian styled brick
....
building was constructed in 1891. From the years 1959 to 1962 the Citizens Hospital was
razed and the Pitkin County Hospital, the existing structure at the site, was built in several
....
phases. We understand that new wings were added to the core of the brick building and
that the last phase of construction was to remove the brick walled core and replace it with
....
part of the existing wood framed structure. A new hospital in Aspen was constructed in
-
1 978 and since that time the existing structure at the site has been occupied by the
Community Center and the Pitkin County Mental Health offices. Our review indicates that
....
the Little Williams Lake was not within the planned footprints of the apartment buildings
....
to be built and no mine tailings were placed on this site.
....
....
SITE CONDITIONS
The site is north of the Red Mountain Road and Lone Pine Road intersection in
-
Aspen, Colorado. The site is on a comparatively level piece of ground that overlooks the
Roaring Fork River Valley. To the south of the site is downtown Aspen and Bell Mountain
....
(Aspen Ski Area) in the distance. Red Mountain and Smuggler Mountain are in the
....
distance to the west and east respectively. This area of town consists of multi-family
2
....
,...
-
,...
residential structures, retail businesses and commercial structures. Some small bungalow
type single family structures are also in the vicinity.
The Pitkin County Community Center and Pitkin County Mental Health Services
offices are in an existing structure at the site (see Fig. 1). The structure is one story with
no basement with the exception of the far east part of the east wing. This part of the
building is one story tall with a basement and is the only part of existing construction that
will not be razed as part of the new site development. The remainder of the building is
to be razed. Paved parking and drives are adjacent to the building beyond landscaping.
Landscaping consists of grassed areas and some mature trees directly adjacent to the
building.
The existing structure appeared to be in good condition both on the exterior and
the interior based on cursory observations. The existing pavement section was in very
poor condition, apparently from poor drainage. It appeared the maximum extent of fill
was under the parking lot at the far east area of the site. It appeared the maximum depth
of fill is about 10 feet.
,.....
,...
-
-
-
,...
,..
-
,...
,...
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PROPOSED CONSTRUCTION
At this writing four apartment buildings and paved drives and parking areas are
planned. Site grading will be minimal.
The apartment buildings will be two or three stories tall and wood framed. Building
footprints will range from about 2700 to 4000 square feet and consist of four to ten units.
Partial basements requiring 3 to 5 feet of the building below grade are being considered.
Foundation loads were assumed to be light to moderate as typical with this type of
construction. For this report, we assumed exterior wall loads of 1500 to 4000 pounds per
-
!""
,...
-
3
,...
-
-
-
lineal foot and maximum interior column loads of 50 kips. If actual loads differ we should
be advised to allow re-evaluation of our conclusions.
Site grading plans were not available at this writing. We have been advised the
cuts and fills will be minimal because the site is generally level and existing grades are
to be maintained. We suggest we be asked to review grading plans when they are
available.
-
-
-
-
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SUBSURFACE CONDITIONS
Seven (7) exploratory borings were drilled with a 4-inch or 6-inch diameter
continuous flight power auger at the locations shown on Figure 1 to investigate
subsurface conditions. Drilling was directed by our personnei who logged the soils and
obtained samples. Summary logs of the soils found in our borings, results of field
penetration resistance testing and laboratory testing data are shown on Figure 2.
Our test holes TH-2 through TH-5 penetrated 3 inches to 2 feet of asphaltic
concrete paving and aggregate base underlain by man-made fill. The fill was underlain
by sandy gravels at our TH-2, TH-4 and TH-5 locations. At our TH-1 and TH-1 A locations
we found sandy gravels below the existing pavement section, at our TH-6 location we
found sandstone bedrock below a surficial layer of fill. The fill sample at our TH-210cation
contained pieces of coal and some of the gravels were covered with an oily substance.
Practical drill rig refusal occurred at 1.5 to 14.5 feet.
Samples of the soils were obtained at each boring location. Gradation analyses
were performed on three samples, however, because of the size of the cobbles and
boulders, it is unlikely that a representative sample of the in-situ gradation was obtained.
No free groundwater was found in our borings during this field investigation.
-
:-
-
-
-
-
-
-
:-
-
4
-
-
-
-
SITE EXCAVATION
-
The existing structure housing the Community Center and Pitkin County Mental
-
Health offices should be completely removed prior to starting any new building. It is very
important that all existing foundations, floor slabs, paved parking or drives, existing fill and
-
utilities be removed from below the new building. The oil and coal tainted existing soils
.-
are not suitable for reuse on this site. When the excavations are completed we should be
called to view the excavation to confirm man-made fill, previous construction and other
-
deleterious materials have been removed.
Very hard sandstone bedrock was found at our TH-6 location. The test hole was
-
drilled next to a cut slope into the bedrock formation. It appears that the formation
-
extends under southern portions of the existing structure. It is likely jackhammering and/or
blasting would be required to loosen any of the bedrock for excavation.
-
-
FOUNDATIONS
-
In our opinion, the buildings can be founded with spread footings bearing on the
""'
natural sandy gravels or sandstone bedrock. The footings should be designed and
constructed with the following criteria:
-
1.
Footings should bear on the natural, undisturbed sandy gravels or
sandstone bedrock. Material loosened during the excavation or forming
process should be removed from footing areas prior to placing concrete.
Existing man-made fill is not suitable for support of footings.
-
2.
Footings on the natural soils can be designed for a maximum soil bearing
pressure of 4000 psI. Differential movement will occur between parts of a
single building foundation partly on soils and part on bedrock. This
differential may be enough to cause cracking of interior finishes withat will
need repair several months after completion.
,..
-
5
-
--
--
,...
3.
.-
4.
-
,... 5.
6.
-
-
Continuous foundation walls should be reinforced top and bottom, to span
loose soil pockets. We recommend provision of sufficient reinforcement to
simply span an unsupported distance of 8 feet with at least two (2)
continuous NO.5 bars in the top and bottom of all foundation walls.
Minimum footing sizes are desirable. We suggest a minimum width of 16
inches for continuous footings and at least 2 feet by 2 feet for isolated
column pads. Larger sizes may be required based on the structurailoads.
The soils under exterior footings should be protected from freezing. The
depth normally assumed for frost protection in Aspen is 42 inches.
The foundation excavations should be inspected by a representative of our
firm to confirm subsurface conditions are as anticipated from our borings.
-
FLOOR SLABS AND EXTERIOR CONCRETE FLATWORK
-
At this writing it had not been decided if structural floors with a crawl space
between the floor and soils or slab-on-grade floors are to be constructed. The sandy
-
gravels found at anticipated basement floor elevations (see Figure 2) would provide good
-
bearing for slab-on-grade floors. We recommend the following design and construction
details for slab-on-grade construction.
,...
--
-
-
-
-
-
1.
The natural soils will provide bearing for slab-on-grade floors and exterior
concrete flatwork. Existing man-made fill is not suitable for slab support.
The existing man-made fill should be removed from under slab concrete
and replaced with structural fill. We recommend structural fill be
constructed of sands or sands and gravels with 100 percent 3 inches in
diameter or smaller placed in 8 inch maximum loose lifts at 2 percent
belOw to 2 percent above optimum moisture content and compacted to at
least 95 percent of standard Proctor maximum dry density (ASTM 0698).
For ease of construction, it may be appropriate to pour the slabs on at
least 4 inches of clean washed gravel to act as a leveling coarse.
2. All slabs should be separated from exterior walls and interior bearing
members. Vertical movements of the slabs should not be restricted.
3.
Frequent control joints should be provided. The American Concrete
Institute (ACI) recommends minimum joint spacing of 15 to 20 feet to
control cracking.
6
-
-
-
4.
Exterior sidewalks and patio slabs should be reinforced to act as
independent units. Movement of these slabs should not be transmitted
directly to foundations.
,...
-
BASEMENT CONSTRUCTION
-
Surface water can flow through comparatively permeable backfill and collect on
-
the surface of relatively impermeable soils occurring at the bottom of foundation
excavations. This can cause wet or moist conditions at the lower levels after
-
constructions. To reduce the risk of accumulation of surface moisture adjacent to
-
foundation walls, we recommend foundation drains. Figure 5 shows a common drain
detail.
-
The below grade foundation walls wiil be subject to lateral earth pressures. These
-
walls are restrained and cannot move, therefore, they should be designed for the "at-rest"
lateral earth pressure. Assuming the on-site soils are used as backfill, we recommend
-
using an equivalent fluid density of 40 pcf to calculate the lateral earth pressure. The
,...
above equivalent fluid density does not include allowances for sloping backfill, hydrostatic
pressures, live loads or the loads from footings of the adjacent structures.
-
Backfiil placed adjacent to foundation walls should be compacted to at least 95
percent of standard Proctor maximum dry density test (ASTM D 698). Backfiil should be
-
placed in comparatively thin lifts, moisture treated to near optimum moisture content and
,...
compacted. Backfiil soils should contain no cobbles or boulders (greater than 3 inches).
The upper two feet of the backfill should consist of the more clayey soils found during
-
excavation. This 2 foot layer is to provide a less permeable zone to reduce water
,...
7
,...
I'-:
,...
,...
infiltration. Placement and compaction of fill should be observed and tested by a
representative of our firm during construction.
,...
,...
SURFACE DRAINAGE
,...
The performance of foundations and concrete flatwork is influenced by moisture
,...
conditions within the subgrade soils. Overall surface drainage should be designed to
cause rapid runoff of surface water away from the proposed buildings. We recommend
-
the following precautions be observed during construction and maintained at all times
after the buildings are completed.
-
1. Excessive wetting or drying of the open foundation excavations should be
avoided.
-
2. Water should not be allowed to pond against the buildings.
,...
3.
Backfill adjacent to the foundation walls should be moistened and
thoroughly compacted.
,...
4.
The top 2 feet of wall backfill should consist of the clay or the most clayey,
sands and gravels found at the site to reduce the infiltration of surface
water to the foundation levels.
,...
5.
Roof downspouts should discharge well beyond the limits of the backfill.
Splash blocks or extensions should be provided at all downspout and
discharge points.
,...
,...
LIMITATIONS
,...
Our borings were spaced to obtain a reasonably accurate picture of the
...
subsurface. Variations in the surface conditions not indicated by our borings is always
possible. The extent of our field investigation was limited by existing construction. We
,...
8
,...
....
...
...
should observe the completed excavations to confirm the soils are as anticipated from
our borings and observe and test fill placement.
...
Our report is based on conditions disclosed by our exploratory borings, results
...
of laboratory testing, engineering analyses and our experience. Criteria presented reflects
the proposed building as we understand it. We should be advised if the final design
...
differs from our assumptions to permit us to re-evaluate our conclusions.
....
This investigation was conducted in a manner consistent with the level of care and
skill ordinarily exercised by the members of the profession currently practicing under
....
similar conditions in the locality of this project. No other warranty, express or implied, is
made.
...
...
If we can be of further se ice or if you have questions regarding this report,
...
please call.
/
...
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TIME ~EADtNGS
SIEVE ANALYSIS
,...
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0.42
OIAMETER OF PAATiClE IN MILUMETERS
CLAY (PlASTlC)TO SILT (NON.PlASTIC) SANO I COARSE I GRAVEL I COseLES I
,... FINE I MEDIUM FINE I COARSE
Sample of GRAVEl
From ~TH-:> AT 4
SANDY.SL SILTY (GPl
TO 6 FFFT
GRAVEL 52 %
SILT & CLAY ..it.- %
PLASTICITY INDEX
SAND 44 %
UQUID UMIT -=-- %
%
-
-
HYDROMETER ANALYSIS
25 HR. 7 HR TIME READINGS U.S. STANDARD SERIES
45 MIN. 15MlN. 60 MIN. 19 MIN. " MIN. 1 MIN. 0200 0100 050040030 016 010'8
100 .----!-.~~7.-J.:~~~r~--.T~::::-~:~:~~n.~~ '._.---~!:::..~,~.' "..:i--::~ ; ";
~ t ,. . .
SIEVE ANALYSIS
,...
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~60
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Z 50
g' ;
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CLEAR SQUARE OPENINGS
.4..~:~i~-~, _",__,~~~:~.'It.:""_~:.~~~80
1 .,,,m...{.:.:. :. !":. It.;
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-
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0.42
DIAMETER OF PARTICLE IN MllUMETERS
SANO I
FINE I MEDIUM I COAl'<SE
36.1
'':';:.'::;;.._'';';'':~100
76.2 127 200
'"
I COBBLES I
-
CLAY (PLASTIC) TO SilT (NON-PLASTIC)
FINE
GRAVEL
I COARSE
Sample of GRAVEL. SANDY, SL SILTY (GPl
From TH AT 9 TO 14 FEET
GRAVEL 47 %
SILT&CLAY~%
PLASTICITY INDEX
SAND 47 %
UQUID UMrr -=- %
- %
JOB NO 18353
Gradation
Test Results
FIG.3
-
...
...
...
HYDROMETER ANALYSIS
TIME READINGS
...
...
"
~
... ~
3
&1
~
...
...
.005 .009 .019 .031
...
CLAY (PlASTIC) TO SILT (NON.PLASTIC)
...
Sample of GRAVEL. SANDY. (G'" )
From TH-4 AND TH-5 AT 4 FEET
-
M
SIEVE ANALYSIS
u.s. STANDARD SERIES CLEAR SQUARE OPENINGS
, ,
.1';"
.0
Q
\11
~
~
z
1;1
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.074 .149 .297 .590 t.19 2.02.38 4.76
0.42
DIAMETER OF PAROCLE !N MllUMETERS
SAND I
FINE I MEDIUM I COARSE
9.52 19.1
GRAVEL
FINE I COARSE
I CQBalES I
GRAVEL 45 %
SILT 8< CLAY ...1L %
PlASTICITY INDEX
SAND 44 %
UQUID LIMIT -=-%
- %
SIEVE ANALYSIS
HYDROMETER ANALYSIS
25 HR. 7 HR TIME READINGS U.S. STANDARD SERIES
45MlN.15MlN. 60 MIN. 19 MIN. 4 MIN. 1 MIN. 0201:) "ill;) "SO "AQ"30 '16 010"8
100 --'""'-"'-"-+-T-.'--~"-'------~~.'::'"-"'----'-'. ..~_.- '''--'i---'.'-- .~_.-_..~..._-: j--
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001 .002 .006 ,009 ,019 ,037 .074 .149 297 ,590 1.19 2.02.38 4,76 9.52 19.1 36.1 76.2 127 200
0.42 152
OIAMETER OF,PARTlClE IN MllUMETERS
SAND I
FINE I MEDIUM I COARSE
-
90
...
...1
60
7C'--
~ 60
3 50
&1 40
~
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20 ,.
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-
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,...
ClAY (PLASTIC} TO SILT (NON-pwnc)
...
Sample of
From
-
JOB NO 18353
..
CLEAR SQUARE OPENINGS
318- 3.~~~.._J.~.:.._.r_ ~-_~~8;
.,1.
.0
20
30
Q
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--:--: 70
:i,..
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"--'--90
FINE
GRAVEL
I COARSE
I COBBLES I
GRAVEL %
SILT 8< CLAY_%
PlASTICITY INDEX
SAND %
UQUIDLlMIT _%
%
Gradation
Test Results
FIG.4
-
,...
,...
10'
....
1'1
NOTE:
DRAIN SHOULD BE AT LEAST
4 INCHES BELOW BOTTOM
OF FOOTING 'AT THE HIGHEST
POINT AND SLOPE DOWNWARD
TO A POSITIVE GRAVITY
OUTLET OR A SUMP WHERE
WATER CAN BE REMOVED BY
PUMPING.
-
....
( ",C''''')
,...
....
-".,~o.,.;:;.
.",.....,......:."...'" ___B E LOW G R A D E
i~if~i~~t~}~~: ~ W ALL
-
ENCASE PIPE iN WASHED 3/4 INCl-
TO NO.4 CONCRETE AGGREGATE
W.ITH A MAXIMUM OF 3 PERCENT \
PASSING THE NO, 200 SIEVE.
\
\
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. ~ T 0 F 0 UNO AT ION W ALL T 0 A E D U C E
I MOISTUAE PENETRATION.
MIRAFI 140
OR eQUAL
jj :, I ~I I. C H :" I~. n S TEE L
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'--
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....
-
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-
4 INCH DIAMETER PERFORATED
DRAIN PIPE.THE DRAIN L!NE SHOULD
BE LAID ON A SLOPE RANGING
BETWEEN 1/8 INCH AND 1/4 INCH
DROP PER FOOT OF' DRAIN.
....
....
....
EXTERIOR FOUNDATION WALL DRAIN
....
FIG. 5
Jte NO. 18,353
-
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