HomeMy WebLinkAboutcoa.lu.su.1010 E Hopkins. AH A44-93
.,;---
~
"~
"
,
CASELOAD SUMMARY SHEET
City of Aspen
~
DATE RECEIVED: 08f24/93
DATE COMPLETE: '5Z]~
I
PROJECT NAME: "East
Exemption. Subdivision.
and Special Review
Project Address: 1010 E. Hopkins
Legal Address: Lots F. G and H. Block 33. East Aspen Addition:
Lot 5. Block 5. Riverside Addition
and
PARCEL ID AND CASE NO.
2737-181-11-002 A44-93
STAFF MEMBER: KJ
Hopkins AH Development Rezoninq. GMOS
Stream Marqin Review. Condominiumization
\
APPLICANT: Aspen/Pitkin Housinq Office and the citv of
Applicant Address: 530 E. Main st.. Lower Level. Aspen
REPRESENTATIVE: Dave Tolen 920-5050
Representative Address/Phone:
Aspen
Aspen.
CO
81611
--------------------------------------------------------------
--------------------------------------------------------------
FEES: PLANNING $ # APPS RECEIVED 25
ENGINEER $ # PLATS RECEIVED
HOUSING $
ENV. HEALTH $
TOTAL $ 0 STEP:~
TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: 2
P&Z Meeting Date !Jv+S PUBLIC HEARING: mv NO
VESTED RIGHTS: YES NO
~~,~ CC Meeting D.te
~If'" DRC Meeting Date
t!;;!' 'E /5:
. /3 7-ND
!JnN6
PUBLIC HEARING: ('YES) NO
VESff~;T:~ 0/~ ~ (A71f)
---------------------------------------------------------------
---------------------------------------------------------------
REFERRALS:
City Attorney
City Engineer
Housing Dir.
Aspen Water
City Electric
Envir.Hlth.
Zoning
;x
<x
Parks Dept. School District
Bldg Inspector Rocky Mtn NatGas
Fire Marshal CDOT
Holy Cross Clean Air Board
Mtn. Bell Open Space Board
ACSD ~ Other S'-\-n~c~'s
Energy Center x: Other M/t('j ~16JeU' Cfb:\, p\.t.. ')
<:) I /' .tt J )( 1Sf'J. l1I2-A;,i!- I
DATE REFERRED: " I Ie" INITIALS: ()Vi DUE:. Of Il
;~;~~=~~~~~;~7===~============~~~;=~~~~;~7==zrcrq=~r=~;~~~~~7~
~ City Engineer ~zoning Env. Health
~ Open Space _ other:~~51'S .
x
x
=f=
x
-.d- CitY,Atty
-A- HousJ.ng
FILE STATUS AND LOCATION:
Q,~~~ ~~ ~\~\\"I f:~
/
MASTER DEED RESTRICTION AGREEMENT
FOR THE OCCUPANCY AND RESALE
OF EAST HOPKINS
THIS MASTER DEED RESTRICTION AGREEMENT FOR THE OCCUPANCY AND RESALE OF
EAST HOPKINS (the "Agreement") is made and entered into this:!i!L day of May, 1995, by {-to 6,,-
t.",,,,..;.,, '&n"-~ do><.. (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 owns the real properly 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 City Council of Aspen, Colorado, for
subdivision approval of the Properly, the Declarant is required to enter into this Agreement; and
WHEREAS, Declarant agrees to restrict the acquisition or transfer of the Properly to "Qualified
Buyers," as that term is defined in this Agreement, who fall within the Category 4 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 Properly 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 Properly 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 Affordable Housing Guidelines
(hereinafter "the Affordable Housing Guidelines"), or its substitute, 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 Properly 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 Properly 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 Properly 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 1 through 4 which comprise the property.
"..-( B~'
H~J.'\'
~
L
Lj0\
to (~j
~Q:J
r...
<:....
~..o
D Ui
o
D
<:O:l
~ ,
UJ~
Q:J
oS?!
1J
;
~
tij
1J+,-
~
-1
AS
l-i tii
Z"-
oS?!
n..o
0"-
c..o
Z 01
-1
-<oS?!
G.J
nu
re
iTI...o
AID
A
l~i
~G:I
;U...
J11
~
o
:::00
~ij
PI
;u-l>
-I>
m
m:::o
&f'l1
. n
oS?!
oS?!
o
o
n
NOW, THEREFORE, for value received, the receipt and sufficiency of which is hereby
acknowledged, Declarant hereby represents, covenants and agrees as follows: .
1. The use and occupancy of the Properly shall henceforth be limited exclusively to housing for
natural persons who meetthe definition of Qualified Buyers and their families.
2.
An Owner, in connection with the purchase of this Properly or Unit, must: a) occupy any Unit
within this Properly 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.
Breach of Aareement:
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 n.otification
from lender, or its assigns, of said default or pastdue payments.
Upon notification from Owner, as provided above, or other notice Qf such default, the
APCHA may offer loan counseling or distressed loan services to the Owner, if any of
these services are available, and is entitled to require the Owner to sell the Properly 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 Properly or a Unit is
necessary, Owner shall immediately execute a standard Listing Contract on forms appro-
ved by the Colorado Real Estate Commission with the APCHA, providing for a 30-day
listing period. At this time, the Owner shall deposit with APCHA an amount equal to one
percent (1 %) of the estimated value of the Unit. 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 ext.ension does not conflict with the statutory rights of any secured
creditors. The APCHA shall promptly advertise the Property for sale by competitive bid
to Qualified Buyers. At the time of closing, the Owner shall pay to APCHA an additional
one percent (1%), for a maximum fee of two percen.t (2%). In the event of a listing of the
Properly pursuant to this Paragraph 3, the APCHA is entitled to require the Owner to
accept the highest of any qualified bids which satisfies th~Owner's financial or other
obligations due under the promissory n.ote secured by a fir:;t deed of trust and deed of
trust in favor of the APCHA, as described herein, and to sell the Properly to such qualified
bidder.
b.
c. Upon receipt of notice as provided in paragraphs 3a and b, APCHA shall have the right,
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 ojo),. 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
Master Deed Restriction
Page :2
(,j
():J
....
....
..0
tij
(P'
I
-.J.
Q:J
S
iJ
-I>
tij
UI
oS?!
tij
'-
oS?!
..0
'-
..0
tij
s
(;.j
..
S
..0
1J
1J
Gl
rl)
9
"
-I>
-I>
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 properly, 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 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 180-day listing period, or such other time period as required by the APCHA
Affordable Housing Guidelines in effect at time of listing. At this time, the Owner shall deposit with
APCHA an amount equal to one percent (1%) of the estimated value of the Unit. The APCHA
shall promptly advertise the Properly or Unit for sale by competitive bid to Qualified Buyers. At
the time of closing, the Owner shall pay to APCHA an additional one percent (1%), for a maximum
fee of two percent (2%). If FNMA type financing is used, 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 aoes 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: 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. Determinina Maximum Sale's Price:
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
Master Deed Restriction
Page 3
t~.i
Q:J
....
....
..0
(Jl
::0
I
-.J
Q:J
oS?!
1J
I
-I>
tij
".,
~
....'!
,
oS?!
..0
,
..0
0-
'-'1
oS?!
r.~.!
..
IS)
..0
"
m
t~J
o
Tl
-I>
-I>
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 Properly
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;
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 Maximum 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
Master Deed Restriction
Page 4
(.0.)
Q:J
....
....
..0
Oi
'"
I
--.j
Q:J
oS?!
"0
I
-I>
(,ii
--.j
o
tij
,
oS?!
..0
,
..0
tij
o
(.0.)
o
..0
1J
-0
ill
..,.
o
-n
-I>
..,.
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 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
fee. Bids in excess of the Maximum Sale's Price shall be rejected. If all bids are below 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 Properly 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 Properly
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 Properly or said Unit; 2) rent all
or any part of the Property or Unit, except in strict compliance with Paragraph 15 hereof;
3) engage in any other business activity on or in the Properly or Unit; 4) sell or otherwise
transfer the Properly 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 Properly or Unit from the Non-Qualified Transferee(s) for 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 acquisition of the Properly or Unit.
d. Where the provisions of this Paragraph 11 apply, the APCHA may require the Owner to
rent the Properly or Unit in accordance with the provisions of Paragraph 15, below.
OWNER RESIDENCE
12. The Properly and all Units shall be and is/are to be utilized only as the sole and exclusive place
of residence of an Owner.
Master Deed Restriction
Page 5
(,)
Q:J
....
....
..0
U!
(p
I
~
():)
oS?!
Tl
i
.j:-
t!'i
Q:J
oS?!
(11
,
oS?!
..0
,
..0
tij
oS)
t,)
..
oS?!
..0
1J
1J
m
OJ
o
"T]
.j:-
-I>
13.
In the event Owner changes domicile or ceases to utilize the Properly or Unit as his sole and
exclusive place of residence, the Properly 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 Properly 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 Properly or Unit also owns any interest alone or in conjunction with
others in any developed residential properly or dwelling unit(s) located in Eagle, Garfield,
Gunnison or Pitkin Counties, Owner agrees to immediately list said other property or unit for sale
and to sell Owner's interest in such properly at a sales price comparable to like units or properties
in the area in which the property or dwelling unit(s) are located. In the event said other properly
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 Properly 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 properly" or "dwelling unit(s)"
as those terms are used in this Paragraph 14.
RENTAL
15.
Owner may not, except with prior written approval of the APCHA, and subject to APCHA's
conditions of approval, rent the Properly 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 Properly 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 subject 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.
Master Deed Restriction
Page 6
t'J
())
...
....
..0
tij
(p
I
-.;
())
oS?!
1J
I
-I>
(Ji
..0
o
en
,
o
..0
,
..0
tij
o
t.)
o
..0
1J
~
m
'J'
o
'TI
-I>
-I>
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 Properly 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.
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 Properly 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.
FORECLOSURE
24. If FNMA-type financing is used to purchase the Properly or Unit, as determined by the APCHA,
the APCHA and the Board may, pursuant to that certain Option to Buy executed and recorded of
even date herewith, the terms of which are incorporated in this Agreement by this reference as
if fully set forth herein, agree to release and waive their ability to enforce the resale deed restric-
tions contained herein, in the event of foreclosure, provided that said Option to Buy grants to the
APCHA aQd the Board, as the designee of the APCHA, the option to acquire the Properly or Unit
within thirly (30) days after the issuance of a pUblic trustee's deed to the holder (including assigns
Master Deed Restriction
Page 7
r..~J
Q:J
....
...
..0
tij
W
I
'"
Q:J
oS?!
n
r
-I>
0'
oS?!
oS?!
tn
,
o
..0
,
..0
tij
oS?!
r..~;
oS?!
..0
1J
1J
GJ
'"
o
"T1
-I>
-I>
'---.
of the holder) of the promissory note secured by a first deed of trust for an option price not to
exceed the redemption price on the last day of all statutory redemption period(s) and any
additional reasonable costs incurred by the holder during the option period which are directly
related to the foreclosure.
In the event that APCHA or the Board, as the designee of the APCHA, exercise the option
pursuant to the terms of that certain Option to Buy, described above, the APCHA and/or its
designee, may sell the Property or Unit to Qualified Buyers as that term is defined herein, or rent
the Properly or Unit to qualified tenants who meet the income, occupancy and all other
qualifications, established by the APCHA in its Affordable Housing Guidelines until sale to a
Qualified Buyer is effected.
GENERAL PROVISIONS
25.
Notices. Any notice, consent or approval which is required to be given hereunder shall be given
by mailing the same, certified mail, return receipt requested, properly addressed and with postage
fully prepaid, to any address provided herein or to any subsequent mailing address of the party
as long as prior written notice of the change of address has been given to the other parties to this
Agreement.
Said notices, consents and approvals shall be sent to the parties hereto at the following addresses
unless otherwise notified in writing:
To Declarant:
..
To APCHA:
Executive Director
Aspen/Pitkin County Housing Authority
530 East Main, lower Level
Aspen, Colorado 81611
To Owner:
To be determined by a later recorded memorandum encumbering
each individual Properly or Unit.
26.
Exhibits. All exhibits attached hereto (Exhibits "A" and "B") are incorporated herein and by this
reference made a part hereof.
27.
Severability. Whenever possible, each provIsion of this Agreement and any other related
document shall be interpreted in such a manner as to be valid under applicable law; but if any
provision of any of the foregoing shall be invalid or prohibited under said applicable law, such
provisions shall be ineffective to the extent of such invalidity or prohibition without invalidating the
remaining provisions of such document.
28. Choice of Law. This Agreement and each and every related document is to be governed and
construed in accordance with the laws of the State of Colorado.
29. Successors. Except as otherwise provided herein, the provisions and covenants contained herein
shall inure to and be binding upon the heirs, successors and assigns of the parties.
30. Section HeadinCls. Paragraph or section headings within this Agreement are inserted solely for
convenience of reference, and are not intended to, and shall not govern, limit or aid in the
construction of any terms or provisions contained herein.
Master Deed Restriction
Page 8
t,)
():)
~
....
<.D
tij
ttl
I
~
(b
~
11
i
-I>
o;ro
....
o
tij
,
o
..0
,
..0
lij
o
;..)
..
oS?!
..0
1J
Tl
G1
CP
o
Ti
-I>
-I>
31. Waiver. No claim of waiver, consent or acquiescence with respect to any provision of this
Agreement shall be valid against any party hereto except on the basis of a written instrument
executed by the parties to this Agreement. However, the parly for whose benefit a condition is
inserted herein shall have the unilateral right to waive such condition.
32. Gender and Number. Whenever the context so requires herein, the neuter gender shall include
any or all genders and vice versa and the use of the singular shall include the plural and vice
versa.
33.
Personal Liabilitv. Owner agrees that he or she shall be personally liable for any of the
transactions contemplated herein.
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 a9ree 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. Notwithstanding 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 Properly 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 Properly 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 instrument on the day and year
above first written.
DECLARANT:
Title:
STATE OF
)
)
)
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this
, 1994, by
day of
Witness my hand and official seal; my commission expires:
Notary Public
Master Deed Restriction
Page 9
'"
en
....
....
..0
tn
l:P
!
--J
'"
oS?!
."
f
-I>
0'
m
oS?!
tij
,
oS?!
..0
,
..0
tij
oS?!
t~j
oS?!
..0
."
d)
..0
o
Ti
-I>
-I>
ACCEPTANCE BY THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY
The foregoing Master Deed Restriction Agreement for the Occupancy and Resale of East Hopkins
of the Aspen/Pitkin County Housing Authority and its terms are hereby adopted and declared by the
Aspen/Pitkin County Housing Auth .
By:
Tille:
.-:0; r'P r~-b.-'r
STATE OF COLORADO
)
)
)
ss.
COUNTY OF PITKIN
/}..Jfo... Y'vI.....j
instrument was acknowledged before me this ::!..-- day of ~ 1995, by
Witness my hand and official sealJ
My commission expires: '71~r 70
clc:\word\ehopkins\mstr.dr
Master Deed Restriction
Page 10
t.J
Q:J
...
...
..0
tij
(p
,
-..;
Q:J
o
iJ
!
-I>
tJ'
W
oS?!
tij
,
o
..0
,
..0
(Ji
o
t~J
..
oS?!
..0
1J
1J
GJ
...
oS?!
o
'TI
-I>
-I>
EXHIBIT "A"
Legal Description
Condominium Unit _, East Hopkins Condominiums,
pursuant to the Condominium Declaration recorded in
Book _ at Page _ of the records of
Pitkin County, Colorado.
t.J
CD
....
...
..0
()!
(p
I
-o,J
CD
(';)
T1
i
-I>
0'
-I>
oS?!
(.11
,
oS?!
..0
,
-<.1)
tij
oS?!
(~J
oS?!
..0
'1J
T1
Gi
....
...
o
'1
-I>
-I>
Restriction
Page 11
EXHIBIT "B"
Permitted Capital Improvements
1.
The term "Permitted Capital Improvement" as used in the Agreement shall only include the
following:
a.
Improvements or fixtures erected, installed or attached as permanent, functional, non-
decorative improvements to real property, excluding repair, replacement and/or
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; and/or
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 unit;
c.
Jacuzzis, saunas, steam showers and other similar items;
d.
Improvements required to repair, replace and maintain existing fixtures, appliances,
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 Improvement items and costs shall be approved by the APCHA staff prior
to being added to the Maximum Resale Price as defined herein.
Master Deed Restriction
Page 12
to)
CO
...
...
..0
tii
(p
I
...;
Q:J
oS?!
1J
,
~
0'
u1
o
u1
,
oS?!
..0
,
..0
G1
o
(.j
oS?!
..0
1J
~
c5
....
r(l
o
Tj
-I>
-I>
CONDOMINIUM DECLARATION
FOR THE
EAST HOPKINS CONDOMINIUMS
WHEREAS, the Aspen/Pitkin County Housing Authority, organized pursuant to the provisions of
C.R.S. 29-4-501, et seo., hereinafter called "Declarant," is the owner of that real properly situated in the
County of Pitkin, State of Colorado, more fully described in Exhibit A attached hereto and made a part
hereof; and
WHEREAS, Declarant desires to establish a condominium project under the Colorado Common
Interest Ownership Act, C.R.S. 38-33.3-101, et seo., of Colorado; and
WHEREAS, Declarant contemplates the construction of one (1) building and improvements within
the real properly described on Exhibit A, such improvements consisting of four (4) separately designated
residential condominium units and other improvements; and
WHEREAS, Declarant does hereby establish a plan for the ownership in fee simple of the real
property estates currently constructed and hereafter constructed on said real properly consisting of the
area or space contained in each of the air space units in the building improvements currently constructed
and hereafter constructed and the co-ownership by the individual and separate owners thereof, as tenants
in common, of all of the remaining property hereinafter defined and referred to as the common elements.
NOW, THEREFORE, Declarant does hereby publish and declare that the following terms,
covenants, conditions, easements, restrictions, uses, limitations and obligations shall be deemed to run
with the land, shall be a burden and a benefit to Declarant, its successors or assigns, and any person or
entity acquiring or owning an interest in the real property and improvements, and their devisees or assigns.
I. DEFINITIONS
1. Definitions. Unless the context shall expressly provide otherwise, the following definitions shall
apply:
1.1 Allocated Interests. "Allocated interests" means the undivided interest in the common elements,
the common expense liability, and votes in the Association.
1.2 Association. "Association" means the East Hopkins Condominium Association.
1.3 Buildino. "Building" means any building constructed on the properly.
1.4 Bvlaws. "Bylaws" means the instrument adopted by the Association for its regulation and
management, together with any amendments thereto.
1.5 Common Elements. "Common elements" means all portions of the project other than the units.
1.6 Common Expense Liability. "Common expense liability" means the liability for common expenses
allocated to each unit.
Condominium Declaration for East Hopkins
Page 1
JJ.J
OJ
....
....
..0
Ul
tl:!
I
-..j
OJ
oS?!
Tl
!
-I>
(J'o
(J'o
oS?!
tij
,
oS?!
..0
,
..0
tij
oS?!
(.J
..
oS?!
..0
1J
1J
GJ
...
(~j
o
Tl
-I>
-I>
1.7 Common Expenses. "Common expenses" means expenditures made or liabilities incurred by or
on behalf of the Association, together with any allocations to reserves.
1.8 Declarant. "Declarant" means the Aspen/Pitkin County Housing Authority.
1.9 Declaration. "Declaration" means this instrument creating the project including any amendments
hereto and also the plats and maps of the East Hopkins Condominiums.
1.10 Executive Board. "Executive Board" means the body designated herein to act on behalf of the
Association. t.J
Q:J
1.11 Limited Common Element. "Limited common element" means a portion of the common elements
allocated herein or by operation of law for the exclusive use of one or more units and fewer than
all of the units.
1.12 Person. "Person" means a natural person, a corporation, a partnership, an association, a trust, or
any other entity or any combination thereof.
1.13 Points. "Points" are numerical figures assigned to each unit to fix the proportionate interest of the
unit owner in common elements, and the proportionate share of the total assessments levied by
the Association to be borne by that unit owner. The number of points assigned to each unit is set
forth in Exhibit B hereto. "Total points" means the total of points assigned for all units in the
project.
1.14 Proiect. "Project" means the East Hopkins Condominiums located on the properly, pursuant to the
plats and maps thereof recorded in the records of the Pitkin County Clerk and Recorder.
1.15 Real Propertv and Propertv. "Real properly" and "property" means the real property located in
Pitkin County, Colorado, described in Exhibit A attached hereto, together with all rights and
interests appurtenant thereto.
1.16 Special Declarant RiClhts. "Special Declarant rights" means rights reserved for the benefit of the
Declarant to complete improvements indicated on the plats and maps filed with the Declaration; to
use easements through the common elements for the purpose of making improvements within the
project; or to appoint or remove any officer of the Association or any Executive Board member
during the period of Declarant control.
1.17 Unit. "Unit" means a physical portion of the project which is designated for separate ownership or
occupancy and the boundaries of which are described in or determined from this Declaration.
1.18 Unit Owner. "Unit owner" means the Declarant or other person who owns a unit, but does not
include a person having an interest in a unit solely as security for an obligation. The Declarant is
the owner of any unit created by this Declaration until the unit is conveyed to another person.
1.19 CCIOA. "CCIOA" means the Colorado Common Interest Ownership Act, C.R.S. 38-33.3-101, et
seCl.
II. DECLARATION AND EFFECT THEREOF
2.1 Condominium Map. In addition to the requirements of C.R.S. 33-33.3-209, the map shall depict
and show at least the following:
Condominium Declaration for East Hopkins
Page 2
...
~
..0
tij
(p
I
-.j
Q:J
o
"iJ
I
-I>
0'
-.j
oS?!
tij
"
oS?!
..0
,
..0
tij
oS?!
to
..
o
..0
1J
1J
G"J
...
-I>
~
~
lj
-I>
-I>
(a) The legal description of the land and a survey thereof; the location of the buildings; the floor
and elevation plans; the location of the units within the buildings, both horizontally and
vertically; the thickness of the common walls between or separating the units; the location
of any structural components or supporting elements of a unit located within a building; and
the building and unit designations.
(b) The map shall contain the certificate of a registered Colorado land surveyor or licensed
architect, or both, certifying that the map substantially depicts the location and the horizontal
and vertical measurements of thebuiidings, the units, the unit designations, the dimensions
of the units, the elevations of the unfinished floors and ceilings as constructed, the building
number or symbol, and that such map was prepared subsequent to substantial completion
of the improvements. Any amendment to the map shall set forth a like certificate when
appropriate. In interpreting the map the existing physical boundaries of each separate unit
as constructed shall be conclusively presumed to be its boundaries. Declarant reserves the
right to amend or supplement the map, from time to time, to conform the same according to
the actual location of any of the constructed improvements or to reflect construction of
additional improvements, to establish, vacate and relocate easements, access road
easements, and on-site parking areas, and to otherwise correct or conform the map to reflect
locations of improvements, additions, or changes in the real properly which are consistent
with and in accordance with the terms and provisions of the Declaration.
2.2 Division Into Condominium Units. The project is hereby divided into four (4) units. Said units are
shown on the condominium map and are designated thereon. Each unit consists of a separate fee
simple estate in a particular unit and an appurtenant undivided fee simple interest in and to the
common elements. Each owner shall own an undivided interest in the appurtenant common
elements as a tenant in common with the other owners. Each owner shall have the nonexclusive
right to use and enjoy the general common elements as designated on the condominium map and
shall have the exclusive right to use and enjoy any limited common elements which are designated
for such exclusive use with respect to his or her particular unit, subject to the provisions of this
Declaration.
2.3 Undivided Interests in Common Elements. The undivided interest in common elements appurtenant
to a particular unit is a fraction, the numerator of which is the number of points assigned to that unit
as set forth in Exhibit B attached hereto and the denominator of which is the total points in the
project as set forth in Exhibit B attached hereto. Each unit owner shall own his or her appurtenant
undivided interest in common elements as a tenant in common with all other owners.
2.4 Limited Common Elements.
(a) A portion of the general common elements is reserved for the exclusive use of individual
owners of the respective units. The limited common elements are allocated as shown on the
condominium map. Such allocation may not be altered without the consent of the unit
owners whose units are affected.
(b) The limited common elements shall include those described in Section 2.11 of this
Declaration.
Condominium Declaration for East Hopkins
Page 3
(...j
Q:J
....
...
..0
tij
III
I
-..j
():)
'"
T1
f
-I>
0'
Q:J
oS?!
(,1
,
oS?!
..0
,
..0
t~
oS?!
t.J
oS?!
..0
1J
1J
G)
....
tij
~
~
Tj
....
J..
"----.--..-.
2.5 Description of a Condominium Unit.
(a) Any instrument affecting a unit may legally describe it in the following form:
Condominium Unit , East Hopki~s Condominiums, pursuant to the
Condominium Declaration recorded in Bo~k _ at Page _ of the records of
Pitkin County, Colorado.
(b) Any conveyance or other instrument affecting title to a unit or any part thereof describing the
unit in substantially the foregoing form shall be deemed to include and describe the entire
unit including the appurtenant undivided interest in common elements and all of the rights,
easements, obligations, limitations, encumbrances, conditions and restrictions benefiting or
burdening the unit under the terms of this Declaration.
(c) Any reference to a unit in the East Hopkins Condominiums in any description shall mean a
unit in the East Hopkins Condominiums according to the condominium map and this
Declaration, all as filed and recorded in the office of the Clerk and Recorder of Pitkin County,
Colorado.
2.6 Duration of Condominium Ownership. The condominium ownership of the project created under
this Declaration shall continue until this Declaration is terminated or revoked as hereinafter
provided.
2.7 Inseparabilitv of Condominium Unit. The interest of an owner in a unit and the appurtenant
undivided interest in common elements which constitute a unit shall be inseparable for the period
of condominium ownership hereinabove described.
2.8 Partition of Common Elements not Permitted. The common elements shall be owned in common
by all owners of units, and no owner may bring any action for partition thereof.
2.9 Ad Valorem Taxation. All taxes, assessments and other charges of the State of Colorado or of any
political subdivision or of any special improvement district or of any other taxing or assessing
authority shall be assessed against and collected on each unit separately and not on .the buildings
or project as a whole and each unit shall be carried on the tax books as a separate and distinct
parcel. For the purposes of valuation for assessment, the valuation of the common elements shall
be apportioned among the units in proportion to the fractional undivided interest in common
elements appurtenant to and part of the units. The Declarant shall deliver to the County Assessor
of Pitkin County, Colorado a written notice as required by the CCIOA, setting forth descriptions of
the units and shall furnish all necessary information with respect to such apportionment of valuation
of common elements for assessment. The lien for taxes assessed to any unit shall be confined to
that unit. No forfeiture or sale of any unit for delinquent taxes, assessments or other governmental
charges shall divest or in any way affect the title to any other unit.
2.10 Mechanics Lien. No labor performed or materials furnished for use in connection with any unit with
the consent or at the request of the owner thereof or his agent, contractor, or subcontractor shall
create any right to file a statement of mechanic's lien against the unit of any other owner not
expressly consenting to or requesting the same or against any interest in the common elements
except the undivided interest therein appurtenant to the unit of the owner for whom such labor shall
have been performed and such materials shall have been furnished. Each owner shall indemnify
and hold harmless each of the other owners from and against liability or loss arising from the claim
of any lien against the unit, or any part thereof, or any other owner for labor performed or for
materials furnished in work on the first owner's unit. At the written request of any owner, the
Condominium Declaration for East Hopkins
Page 4
c.~.l
():l
....
....
..0
tij
(p
i
-..J
():l
oS?!
Tl
i
-I>
f1'o
..0
o
tij
,
oS?!
..0
,
..0
tij
o
(,~.!
..
51
..0
1J
1J
G1
....
f1'o
o
'1
-I>
-I>
Association shall enforce such indemnity by collecting from the owner of the unit on which the labor
was performed and materials furnished the amount necessary to discharge any such lien, including
all costs incidental thereto, including attorneys' fees. If not promptly paid, the Association may
collect the same in the manner provided herein for collection of assessments.
2.11 Unit Boundaries: Subdivision.
(a) If walls, floors, or ceilings are designated as boundaries of a unit, all lath, furring, wallboard,
plasterboard, plaster, paneling, tiles, wallpaper, paint, and finished flooring and any other
materials constituting any part of the finished surfaces thereof are a part of the unit, and all
other portions of the walls, floors, or ceilings are a part of the common elements.
(b) If any chute, flue, duct, wire, conduit, bearing wall, bearing column, or other fixture lies
partiallY within and partially outside the designated boundaries of a unit, any portion thereof
serving only that unit is a limited common element allocated solely to that unit, and any
portion thereof serving more than one unit or any portion of the common elements is a part
of the common elements.
(c) Subject to the above, all spaces, interior partitions, and other fixtures and improvements
within the boundaries of a unit are a part of the unit.
(d) Any shutters, awnings. window boxes, doorsteps, stoops, porches, balconies, and patios and
all exterior doors and windows or other fixtures designed to serve a single unit, but located
outside the unit's boundaries, are limited common elements allocated exclusively to that unit.
(e) The boundaries between adjoining units may not be relocated.
(f) A unit may not be subdivided into two or more units.
(g) A limited common element may be reallocated between or among units if the owners of those
units, as the applicants, submit an application for approval of the proposed reallocation to the
Executive Board, which application shall be executed by those unit owners and shall include:
(i) The proposed form for an amendment to the Declaration as may be necessary to
show the reallocation of limited common elements between or among units;
(i1) A deposit against attorneys' fees and costs which the Association will incur in
reviewing and effectuating the application, in an amount reasonably estimated by the
Executive Board; and
(Iii) Such other information as may be reasonably requested by the Executive Board. No
reallocation shall be effective without the approval of the Executive Board. The
reallocation shall be effectuated by an amendment signed by the Association and by
those unit owners between or among whose units the reallocation is made, which
amendment shall be recorded as provided in C.R.S. 38-33.3-217(3). All costs and
attorneys' fees incurred by the Association as a result of the application shall be the
sole obligation of the applicants.
Condominium Declaration for East Hopkins
Page 5
(0
Q:J
<-'-
....
oJ:)
tij
(p
I
--..I
(p
oS?!
1J
.
.i-
--..I
o
oS?!
t~
,
oS?!
oJ:)
,
oJ:)
01
oS?!
(.)
oS?!
oJ:)
1J
T1
G1
....
--..I
o
"
-I>
-I>
......._._-~.".-
III. VARIOUS RIGHTS AND EASEMENTS
3.1 Special Declarant Riohts. The special Declarant rights defined herein may be exercised by
declarant for a period of two (2) years from the date hereof.
3.2 Owner's Riohts in General Common Elements. Subject to the other provisions of the Declaration,
each owner, and each owner's guests, shall have a nonexclusive right to use and enjoy the
common elements, provided there is no hindrance or encroachment upon the rights and enjoyment
of other owners.
3.3 Owner's Riohts in Units. Subject to the other provisions of the Declaration, each owner shall have
full and complete dominion and ownership of the unit which is owned by such owner and such
owner's guests shall have the exclusive right to use and enjoy the same.
Each owner shall have the right to paint, repaint, tile, wax, paper and otherwise refinish and
decorate the interior surfaces of the walls, ceilings, floors and doors which are the boundaries of
his unit and the walls, ceilings and floors and doors within the boundaries of his unit. A unit owner
may make any improvements or alterations to his or her unit that do not impair the structural
integrity, electrical systems, or mechanical systems or lessen the support of any portion of
another's units or a common element. A unit owner may not change the appearance of the
common elements without the approval of the Association.
3.4 Association Riohts and Easements. The Association shall have a nonexclusive right and easement
to make such use of the common elements and units as may be necessary or appropriate for it to
perform the duties and functions which it is obligated or permitted to perform under this Declaration;
provided, however, that any entry into a unit shall be made with as little inconvenience as
practicable to the Owner and that any damage to the unit entered shall be repaired by, and at the
expense of, the Association.
3.5 Access for Metro Sanitation. There is hereby specifically reserved for the benefit of the Aspen
Consolidated Sanitation District, a right of access over and across all common elements to each
unit surface element (constituting a part of the sewage system of the Subdivision) for the purpose
of providing' service.
3.6 Easements for Encroachments. If any unit or part of the common elements encroaches or shall
hereafter encroach upon another unit or common element, a valid easement for such encroachment
and for the maintenance of the same shall and does exist. The easement does not relieve a unit
owner of liability in case of willful misconduct nor relieve the Declarant or any other person of
liability for failure to adhere to the plat and maps. Such encroachments shall not be considered
to be encumbrances either on the common elements or a unit. Encroachments referred to herein
include, but are not limited to, encroachments caused by error in the original construction of the
building, by error in the condominium map, by settling, rising or shifting of the earth, or by changes
in position caused by repair or reconstruction of the project or any part thereof.
3.7 Easements in Units for Repair. Maintenance and Replacement. Some of the common elements
are or may be located within a unit or may be conveniently accessible only through a unit. Each
owner shall have an easement, which may be exercised by the Association as his agent, and the
Association shall have an easement for access to each unit and to all common elements from time
to time during such reasonable hours as may be necessary for the maintenance, repair or
replacement of any of the common elements located therein or accessible therefrom or for making
emergency repairs therein necessarY to prevent damage to the common elements or to any
unit.
Condominium Declaration for East Hopkins
Page 6
t~.i
Q:J
...
....
..0
Ui
O:l
I
-.j
Q:J
oS?!
1J
i
-I>
-.j
....
oS?!
CJ'1
,
o
..0
"-
..0
tij
o
t.)
oS?!
..0
1J
1J
GJ
....
Q:J
o
"Ti
-I>
-l>
3.8 Easements Deemed Aoourtenant. The easements and rights herein created for an owner shall be
appurtenant to the unit of that owner and all conveyances of and other instruments affecting title
to a unit shall be deemed to grant and reserve the easements and rights as are provided for herein,
even though no specific reference to such easements appears in any such conveyance.
IV. RIGHTS. POWERS AND OBLIGATIONS OF THE ASSOCIATION
4.1 Association as Attornev-in-Fact for Owners. The Association is hereby irrevocably appointed by
Declarant, as owner of all units, as attorney-in-fact for Declarant and its successors and assigns
as owners of units and each of them to manage, control and deal with the interest of such owner
in common elements so as to permit the Association to fulfill all of its duties and obligations
hereunder and to exercise all of its rights hereunder; to deal with the project upon its destruction
or obsolescence as hereinafter provided; and to deal with and handle insurance and insurance
proceeds and condemnation and condemnation awards in accordance with the provisions of this
Declaration. The acceptance by any person or entity of any interest in any unit shall constitute an
appointment by that person or entity of the Association as attorney-in-fact as above provided.
4.2 Powers of Association. The Association may:
(a) Adopt and amend bylaws and rules and regulations;
(b) Adopt and amend budgets for revenues, expenditures, and reserves and collect assessments
for common expenses from unit owners;
(c) Hire and terminate managing agents and other employees, agents, and independent
contractors;
(d) Institute, defend, or intervene in litigation or administrative proceedings in its own name on
behalf of itself or two or more unit owners on matters affecting the project;
(e) Make contracts and incur liabilities;
(f) Regulate the use, maintenance, repair, replacement, and modification of common elements;
(g) Cause additional improvements to be made as a part of the common elements;
(h) Acquire and hold in its own name any right, title, or interest to real or personal properly;
(i) Grant easements, leases, licenses, and concessions through or over the common elements;
(j)
Impose and receive any payments, fees, or charges for the use, rental, or operation of the
common elements other than limited common elements described in Section 2.11;
(k) Impose charges for late payment of assessments, recover reasonable attorneys' fees and
other legal costs for collection of assessments and other actions to enforce the power of the
Association, regardless of whether or not suit was initiated, and, after notice and an
opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, and
rules and regulations of the Association;
(I) Impose reasonable charges for the preparation and recordation of amendments to the
Declaration or statements of unpaid assessments;
Condominium Declaration for East Hopkins
page.7
(~.!
Q:J
....
....
oJ)
tr,
!J:I
I
--.J
Q:J
oS?!
T\
i
-l>
--.J
rt;1
oS?!
tij
,
oS?!
..0
,
..0
tij
oS?!
t.)
oS?!
..0
"
T\
rii
....
oJ)
o
'TJ
-I>
-I>
(m) Provide for the indemnification of its officers and Executive Board and maintain directors' and
officers' liability insurance;
(n) Assign its right to future income, including the right to receive common expense
assessments, but only to the extent the Declaration expressly so provides;
(0) Exercise any other powers conferred by the Declaration or bylaws;
(p) Exercise all other powers that may be exercised in Colorado by legal entities of the same
type; and
(q) Exercise any other powers necessary and proper for the government and operation of the
Association.
4.3 Common Elements and Utilities.
(a) The Association shall be obligated to and shall provide for the care, operation, management,
maintenance, improvement, repair and replacement of the common elements (including the
limited common elements) and for utility service to the common elements and to units.
Without limiting the generality of the foregoing, said obligations shall include keeping the
common elements in good, clean, attractive and sanitary condition, order and repair;
removing snow and any other materials from the common elements to permit access to the
project and any unit; keeping the project safe, attractive and desirable; making necessary or
desirable alterations, additions, betterments or improvements to or on the general common
elements; and paying utility charges except separately metered utilities which shall be paid
by the owner or user of the space served thereby. No prior approval of owners shall be
required for such work but prior approval of the Association, acting through its officers or
Executive Board, shall be required for all such work. Each unit owner shall afford to the
Association all the other unit owners, and to the agents and employees, access through such
owner's unit reasonably necessary for these purposes.
(b) If damage is inflicted, or a strong likelihood exists that it will be inflicted, on the common
elements or any unit through which access is taken, the unit owner responsible for the
damage, or expense to avoid damage, or the Association if it is responsible, is liable for the
cost of prompt repair.
(c) Maintenance, repair or replacement of any drainage structure or facilities, or other public
improvements required by the City of Aspen as a condition of development or any part
thereof shall be the responsibility of the Association, unless such improvements have been
dedicated to and accepted by the City of Aspen for the purpose of maintenance, repair, or
replacement or unless such maintenance, repair, or replacement has been authorized by law
to be performed by a special district or other municipal or quasi-municipal entity.
(d) In addition to the liability that a Declarant as a unit owner has under this article, the Declarant
alone is liable for all expenses in connection with real estate subject to development rights.
No other unit owner and no other portion of the common interest community is subject to a
claim for payment of those expenses. Unless the Declaration provides otherwise, any
income or proceeds from real estate subject to development rights inures to the Declarant.
4.4 Convevance or Encumbrance of Common Elements. Neither the common elements nor any portion
thereof may be conveyed or subjected to a security interest by the Association.
Condominium Declaration for East Hopkins
Pa.ge 8
(,J
():l
....
,..
..0
c..ri
O:l
;
--i
Q:J
oS?!
1J
J
-I>
--i
(,J
'"
tn
,
o
'"
,
'"
U!
o
(~;
..
'"
..0
1J
1J
G)
n)
5'
o
OJ
-I>
-I>
4.5 Accountina. Billina and Record Keeoina. The Association shall maintain such records, keep such
accounts and do such billing and collecting as is needed in connection with its activities and under
this DeClaration. Financial records shall be sufficiently detailed to enable the Association to comply
with Section 6.9 concerning statements of unpaid assessments.
4.6 Labor and Services. The Association may obtain and pay for the services of any person or entity
to manage its affairs, or any part thereof, to the extent it deems advisable, as well as such other
personnel as the Association shall determine to be necessary or desirable for the proper operation
of the project, whether such personnel are furnished or employed directly by the Association or by
any person or entity with whom or which it contracts. The Association may obtain and pay for legal
and accounting services necessary or desirable in connection with the operation of the project or
the enforcement of this Declaration. The Association may arrange with others to furnish lighting,
heating, water, trash collection, sewer service and other common services to each unit.
4.7 Personal Prooertv of Association. The Association may acquire and hold tangible and intangible
personal property and may dispose of the same by sale or otherwise. Subject to the rules and
regulations of the Association, each owner may use such property. Upon termination of
condominium ownership of the project and dissolution of the Association, the beneficial interest in
any such properly shall be deemed to be owned by the then owners in the same proportion as their
respective interests in the common elements.
4.8 Rules and Reaulations. The Association may make and enforce reasonable and uniformly applied
rules and regulations governing the use of units and of common elements. The Association shall
make reasonable efforts to furnish each owner with a written copy of each rule or regulation
adopted pursuant to this section. The Association may suspend any owner's voting rights in the
Association or right to use any recreational facility which may be part of the common elements
during any period or periods during which such owner fails to comply with such rules and
regulations or with any other obligations of such owner under this Declaration. The Association
may also take judicial action against any owner to enforce compliance with such rules, regulations
or other obligations, or to obtain damages for noncompliance.
4.9 Imolied Riahts. The Association shall have and may exercise any right or privilege given to it
expressly by this Declaration, or reasonably to be implied from the provisions of this Declaration,
or given or implied by law, or which may be necessary or desirable to fulfill its duties, obligations,
rights or privileges.
4.10 Association as Trustee. With respect to a third person dealing with the Association in the
Association's capacity as a trustee, the existence of trust powers and their proper exerciSe by the
Association may be assumed without inquiry. A third person is not bound to inquire whether the
Association has the power to act as trustee or is properly exercising trust powers. A third person,
without actual knowledge that the Association is exceeding or improperly exercising its powers,
is fully protected in dealing with the Association as if it possessed and properly exercised the
powers it purports to exercise. A third person is not bound to assure the proper application of trust
assets paid or delivered to the Association in its capacity as trustee.
V. THE ASSOCIATION
5.1 General Purooses and Powers. The Association has been or will be incorporated to be and
constitute the Association to which reference is made in this Declaration, to perform functions and
hold and manage properly as provided in this Declaration and to further the interests of unit owners
in the project. It shall have all powers necessary or desirable to effectuate these purposes.
Condominium Declaration for East Hopkins
Pa.ge 9
(,.i
(J:l
...
...
o.D
tij
~
,
--1
Q:J
o
1J
I
-I>
--1
-I>
oS?!
tn
,
oS?!
..0
,
..0
tij
oS?!
to
oS?!
o.D
"
1J
GJ
r'!)
...
o
"
-I>
-I>
" /
5.2 Reaular Membership. There shall be one regular membership in the Association for each unit,
which regular membership shall be appurtenant to the fee simple title to such unit. Each unit owner
shall automatically be the owner of the regular membership appurtenant to that unit and title to and
ownership of the regular membership for the unit shall automatically pass with fee simple title to
the unit. Each owner of the unit shall automatically be entitled to the benefits and subject to the
burdens relating to the regular membership for that unit. If fee simple title to a unit is held by more
than one (1) person or entity, the regular membership appurtenant to that unit shall be shared by
all such persons or entities in the same proportionate interest and by the same type of ownership
as fee simple title to the unit is held. Regular membership in the Association shall be limited to
owners of units in the project.
5.3 Declarant's Membership.
Declarant shall have and be deemed to hold a membership in the Association, proportionate to its
ownership of units, for the period of time beginning on the date of incorporation of the Association
and ending sixty (60) days after conveyance of one hundred percent (100%) of the units in the
project. As the holder of this membership, Declarant shall have the right to appoint members of
the Executive Board of the Association fora period beginning on the date of incorporation of the
Association. As the holder of this membership, the approval of Declarant shall be required if it
owns a majority of the units, as a condition to amendment of this Declaration, amendment to the
Articles of Incorporation of the Association, amendment to the By-Laws of the Association, and to
merger, consolidation or dissolution of the Association, but such rights shall terminate upon
expiration of the Declarant's membership.
5.4 Executive Board.
(a) Not later than the termination of any period of Declarant membership, the unit owners shall
elect an Executive Board of at least two (2) members and not more than four (4) members.
A director must be a unit owner. The Executive Board shall elect the officers. The Executive
Board members and officers shall take office upon termination of the period of Declarant
membership. The first meeting of the Executive Board shall be held within sixty (60) days
of the termination of the period of Declarant membership.
(b) The affairs of the Association shall be managed by the Executive Board which may, however,
by resolution, delegate any portion of its authority to an executive committee or other
committee appointed by the Executive Board. However, the Executive Board may not act
on behalf of the Association to amend this Declaration, to terminate the Association, or to
elect members of the Executive Board or determine the qualifications, powers and duties, or
terms of office of Executive Board members, but the Executive Board may fill vacancies in
its membership for the unexpired portion of any term. Members of the Executive Board shall
be elected annually by unit owners.
(c) The unit owners by a seventy-five percent (75%) vote of all persons present and entitled to
vote at any meeting of the unit owners at which a quorum is present, may remove any
member of the Executive Board with or without cause, other than a member appointed by
Declarant.
5.5 Votina of Owners: Proxies. Each unit owner shall have one (1) vote for the unit. If a unit is owned
by more than one person, the right to vote shall be established by the record title thereto. In the
event multiple owners of a unit as tenants in common, joint tenants, or otherwise, voting shall be
as specified below. .'
Condominium Declaration for East Hopkins
Page 10
(.~j
Q:J
....
....
..0
l.~
O:l
I
-..j
Q:J
o
1J
I
-I>
-..j
tij
o
to
,
oS?!
..0
,
..0
G1
oS?!
(~j
..
o
..0
1J
T1
cii
i(;
fi)
o
i1
-I>
-I>
(a) If only one (1) of the multiple owners of a unit is present at a meeting of the Association,
such owner is entitled to cast the vote allocated to that unit. If more than one (1) of the
multiple owners are present, the votes allocated to that unit may be cast only in accordance
with the agreement of a majority in interest of the owners, unless the Declaration expressly
provides otherwise. There is majority agreement if anyone (1) of the multiple owners casts
the votes allocated to that unit without protest being made promptly to the person presiding
over the meeting by any of the other owners of the unit.
(b) Votes may be cast in person or by proxy. Votes allocated to a unit may be cast pursuant to
a proxy duly executed by a unit owner. If a unit is owned by more than one (1) person, each
owner of the unit may vote or register protest to the casting of votes by the other owners of
the unit through a duly executed proxy. A unit owner may not revoke a proxy given pursuant
to this section except by actual notice of revocation to the person presiding over a meeting
of the Association. A proxy is void if it is not dated or purports to be revocable without
notice. A proxy terminates eleven (11) months after its date, unless it provides otherwise.
No votes allocated to a unit owned by the Association may be cast.
5.6 Notices. Each unit owner shall be entitled to notice of any meeting at which such owner has the
right to vote. Notices of meetings shall be in writing and shall state the date, time and place of the
meeting and shall indicate each matter to be voted on at the meeting which is known to the
Association at the time notice of the meeting is given. Such notices shall be delivered not less than
ten (10) nor more than fifty (50) days before the date of the meeting. Any notice shall be deemed
given and any budget or other information or material shall be deemed furnished or delivered to
a party at the time a copy thereof is deposited in the mail or at a telegraph office, postage or
charges prepaid, addressed to the party, and in any event, when such parly actually receives such
notice, information or material. Any notice, information or material shall be deemed properly
addressed to a unit owner if it is addressed to the name and address shown on the most recent
written notice of name and address, if any, furnished to the Association by such unit owner or, if
a name and address is not furnished, if it is addressed to the unit owner at the address of the
owner's unit. .
5.7 Record Date. The Executive Board of the Association shall have the power to fix in advance a date
as a record date for the purpose of determining owners entitled to notice of or to vote at any
meeting or to be furnished with any budget or other information or material. The owners existing
on any such record date shall be deemed the owners for such notice, vote, meeting, furnishing of
information or material or other purpose and for any supplementary notice, or information or
material with respect to the same matter and for any adjournment of the same meeting. A record
date shall not be more than fifty (50) days prior to the date on which the particular action requiring
determination of owners is proposed or expected to be taken or to occur. If no record date is
established for a meeting, the date on which notice of such meeting is first given to any owner shall
be deemed the record date for the meeting.
5.8 MeetinCls. The meetings of the Association shall be held at least once each year. Special
meetings of the Association may be called by the president, by a majority of the Executive Board,
or by unit owners having twenty-five percent (25%), of the votes in the Association. Not less than
ten (10) nor more than fifty (50) days in advance of any meeting, the secretary or other officer
specified in the Bylaws shall cause notice to be hand delivered or sent prepaid by United States
mail to the mailing address of each unit or to any other mailing address designated in writing by
the unit owner. The notice of any meeting must state the time and place of the meeting and the
items on the agenda, including the general nature of any proposed amendment to the Declaration
or Bylaws, any budget changes, and any proposal to remove an officer or member of the Executive
Board.
Condominium Declaration for East Hopkins
Page 11
(0
Q:J
....
....
..0
tij
IJ:l
I
-.j
Q:J
oS?!
1J
I
-I>
-.j
(J'
51
U!
,
oS?!
oJ)
,
oJ)
tij
o
(,J
..
oS?!
..0
1J
T1
cfJ
p"
t~
o
'T!
-1>'
-I>
"---..--'
5.9 Quorums.
(a) A quorum is deemed present throughout any meeting of the Association if persons entitled
to cast fifty percent (50%) of the votes which may be cast for election of the Executive Board
are present, in person or by proxy at the beginning of the meeting.
(b) A quorum is deemed present throughout any meeting of the Executive Board if persons
entitled to cast fifty percent (50%) of the votes on that Board are present at the beginning
of the meeting.
5.10 Deliverv of Prooertv. Within sixty (60) days after the unit owners other than Declarant elect a
majority of the members of the Executive Board, the Declarant shall deliver to the Association all
properly of the unit owners and of the Association held by or controlled by Declarant, including
without limitation the following items:
(a) The original or a certified copy of the recorded Declaration as amended, the Association's
Articles of Incorporation, Bylaws, minute books, other books and records, and any rules and
regulations which may have been promulgated;
(b) An accounting for Association funds and financial statements, from the date the Association
received funds and ending on the date the period of Declarant membership ends. The
financial statements shall be audited by an independent certified public accountant and shall
be accompanied by the accountant's letter, expressing either the opinion that the financial
statements present fairly the financial position of the Association in conformity with generally
accepted accounting principles or a disclaimer of the accountant's ability to attest to the
fairness of the presentation of the financial information in conformity with generally accepted
accounting principles and the reasons therefor. The expense of the audit shall not be paid
for or charged to the Association;
(c) The Association funds or control thereof;
(d) All of Declarant's tangible personal property that has been represented by Declarant to be
the property of the Association or all of Declarant's tangible personal properly that is
necessary for, and has been used exclusively in, the operation and enjoyment of the
common elements, and inventories of these properties;
(e) A copy of any plans and specifications used in the construction of the improvements which
were completed within two (2) years before the Declaration was recorded;
(f) All insurance policies then in force, in which the unit owners, the Association, or its directors
and officers are named as insured persons;
(g) Copies of any certificates of occupancy that may have been issued with respect to any
improvements;
(h) Any other permits issued by governmental bodies applicable to the Association and which
are currently in force or which were issued within one (1) year prior to the date on which unit
owners other than Declarant took control of the Association;
(i) Written warranties of the contractor, subcontractors, suppliers, and manufacturers that are
still effective;
condominium Declaration for East Hopkins
Page 12
~
-
-
\D
Ul
tll
I
~
e
\J
I
-I>
o"J
'"
8.
'-
G
.,g
~
t1I
~
..
j
."
"t1
Ii>
$
o
'TJ
~
-I>
(j) A roster of unit owners and mortgagees and their addresses and telephone numbers, if
known, as shown on Declarant's records;
(k) Employment contracts in which the Association is a contracting parly; and
(I) Any service contract in which the Association is a contracting parly or in which the
Association or the unit owners have any obligation to pay a fee to the persons performing
the services.
5.11 Termination of Contracts. The following contracts and leases, if entered into before the Executive
Board elected by the unit owners takes office, may be terminated without penalty by the
Association, at any time after the Executive Board elected by the unit owners takes office, upon not
less than ninety (90) days' notice to the other party:
(a) Any management contract, employment contract, or lease of recreational or parking areas
or facilities;
(b) Any other contract or lease between the Association and Declarant or an affiliate or
Declarant.
VI, ASSESSMENTS
6.1 Declarant's ObliClation. Until the Association makes a common expense assessment, Declarant
shall pay all common expenses. Initial assessments shall be set by the Executive Board at its first
meeting. After any assessment has been made by the Association, assessments shall be made
monthly and shall be based on a budget adopted no less frequently than annually by the
Association.
6.2 Assessments - Generallv.
(a) Each unit owner is liable for assessments made against such owner's unit during the period
of ownership of such unit. Each unit owner shall be obligated to pay and shall pay to the
Association common expense assessments as hereinafter provided based on the points
assigned to the unit of such unit owner, which amounts are herein called "assessments."
(b) Subject to the provisions hereof, the Executive Board of the Association shall have the power
and authority to determine all matters in connection with assessments, including power and
authority to determine where, when and how assessments should be paid to the Association,
and each unit owner shall be required to comply with any such determinations.
6.3 BudClet and Determination of Amount of Common Expense Assessments.
(a) The total amount to be raised by assessments shall be determined for each fiscal period of
the Association by the Executive Board of the Association. The amount to be raised by
assessments for any fiscal' period shall be that amount necessary to cover the costs and
expenses of fulfilling the functions and obligations of the Association in that fiscal period plus
an amount to provide a reasonable carry-over reserve for the next fiscal period. The amount
to be raised by assessments shall include amounts necessary to cover obligations made in
connection with, or contemplated under, any previous budget. To assure that the Association
will have the funds to meet unforeseen expenditures or to purchase additional equipment or
services, the budget shall include a working capital fund at least equal to two (2) months of
estimated assessments for each unit.
Condominium Declaration for East Hopkins
Page 13
(.)
CD
...
....
..0
lfl
to
I
--l
CD
oS?!
T1
r
-I>
--l
CD
oS?!
t~
,
oS?!
....
,
..0
In
oS?!
(.)
oS?!
..0
1J
T1
GJ
p',
tfi
o
."
-I>
-I>
'----~"
(b) To determine the total amount required to be raised by assessments, the Executive Board
shall cause to be prepared a budget for the fiscal period showing, in reasonable detail, the
estimated costs and expenses which will be payable in that fiscal period and for a reasonable
carry-over reserve and the estimated income and other funds which will be available in that
fiscal period.
(c) Within thirty (30) days after adoption of any proposed budget, the Executive Board shall mail,
by ordinary first-class mail, or otherwise deliver a summary of the budget to ail the unit
owners and shall set a date for a meeting of the unit owners to consider ratification of the
budget not less than fourteen nor more than sixty (60) days after mailing or other delivery
of the summary. Unless at that meeting a majority of all unit owners reject the budget, the
budget is ratified, whether or not a quorum is present. In the event that the proposed budget
is rejected, the periodic budget last ratified by the unit owners must be continued until such
time as the unit owners ratify a subsequent budget proposed by the Executive Board.
6.4 Special Assessments for Capital Improvements. In addition to the assessments described above,
the Association may levy special assessments, payable over such a period as the Association may
determine, for the purpose of defraying, in whole or in part, to the extent the amounts in any capital
reserve fund ar$ insufficient therefor, the cost of any construction or reconstruction, repair or
replacement of the project or any part thereof, or for any other expense incurred or to be incurred
as provided in this Declaration.
6.5 Supplementarv Assessments. In the event the amount received by the Association on account of
common expense or special assessments is less than the amount required by the Association,
whether as a result of defaults by some unit owners in making payments or as a result of mistaken
estimates in budgeting or otherwise, the Executive Board may, at any time, levy supplementary
assessments to cover the deficiency.
6.6 Apportionment of Assessments. Except as specified above, the amount of any assessment,
payable for the points assigned to the unit of an owner, shall be computed by multiplying the total
amount to be raised by assessments by a fraction, the numerator of which shall be one (1) and the
denominator of which shall be the total number of points assigned to all units in the project.
6.7 Time for Payments. The amount of any assessment, charge, fine, penalty or other amount payable
with r$speclto any unit owner, shall become due and payable as specified by the Executive Board
of the Association and, in any event thirty (30) days after any notice of the amount due as to such
assessment, charge, fine, penalty or other amount shail have been given by the Association to such
unit owner, and any such amount shall bear interest at the rate of twelve percent (12%) per annum
(or such lesser rate as the Executive Board may, from time to time, by resolution, fix) from the date
due and payable until paid.
6.8 Assessments for Limited Common Elem$nts: Expens$s Benefittina Less than all Units:
Reallocation: No Waiver.
(a) Any common expense associated with the maintenance, repair, or replacement of a limited
common element shall be assessed against the units to which that limited common element
is assigned, in the same proportion as the points assigned to each such unit.
(b) Any common expense or portion thereof benefitting fewer than all of the units shall be
assessed exclusively against the units benefitted, and in the same proportion as the points
assigned to each such unit.
Condominium Declaration for East Hopkins
Page 14
t~
(l)
....
....
..0
tn
O:l
i
--J
Q:J
o
iJ
,
~
--J
..0
oS?!
(J'i
,
oS?!
..0
,
..0
tij
oS?!
(.oj
..
oS?!
..0
1J
T1
Gi
n)
f3'
o
"
-I>
-I>
(c) The costs of utilities shall be assessed in proportion to usage.
(d) If any common expense is caused by the misconduct of any unit owner, the Association may
assess that expense exclusively against such owner's unit.
(e) If common expense liabilities are reallocated, common expense assessments and any
installment thereof not yet due shall be recalculated in accordance with the reallocated
common expense liabilities.
(f) No unit owner may be exempt from liability for payment of the assessments by waiver of the
use or enjoyment of any of the common elements or by abandonment of the unit against
which the aSsessments are made.
6.9 Lien for Assessments.
(a) The Association has a statutory lien on a unit for any assessment levied against that unit
or fines imposed against its unit owner. Fees, charges, late charges, attorneys' fees, fines,
and interest charged are enforceable as assessments. The amount of the lien shall include
all those items set forth herein from the time such items become due. If an assessment is
payable in installments, each assessment is a lien from the time it becomes due, including
the due date set by any valid association acceleration of installment obligations.
(b) Except as provided herein, a lien under this section is prior to all other liens and
encumbrances on a unit except liens and encumbrances recorded before the recordation of
the Declaration, or a security interest on the unit which has priority over all other security
interests on the unit and which was recorded before the date on which the assessment
sought to be enforced became delinquent, or liens for real estate taxes and other
governmental assessments or charges against the unit.
(c) A lien under this section is also prior to the security interests described above to the extent
of an amount equal to the common expense assessments based on a periOdic budget
adopted by the Association which would have become due, in the absence of any
acceleration, during the six (6) months immediately preceding institution by either the
Association or any party holding alien senior to any part of the Association lien created under
this Declaration of an action, or a nonjudicial foreclosure either to 'enforce or to extinguish
the lien.
(d) This section does not affect the priority of mechanics' or materialmens' liens or the priority
of liens for other assessments made by the Association. A lien under this section is not
subject to the provisions of Part 2 of Article 41 of Title 38 or to the provisions of Section 15-
11-201, C.R.S.
(e) Recording of the DeclaratiOn constitutes record notice and perfection of the lien. No further
recordation of any claim of lien for assessments is required.
(f) A lien for unpaid assessments is extinguished unless proceedings to enforce the lien are
instituted within six (6) years after the full amount of assessments become due.
(g) This does not prohibit actions or suits to recover sums for which this section creates a lien
or to prohibit the Association from taKing a deed in lieu of foreclosure.
Condominium Declaration for East Hopkins
Page 15
(to)
Q:J
....
....
..0
0'1
to
I
--.!
Q:J
oS?!
"0
-I>
Q:J
G
oS?!
tij
,
oS?!
..0
,
..0
tij
oS?!
t.)
..
G
..0
'-'
1J
G)
11)
--.!
o
OJ
-I>
-I>
(h) The Association shall be entitled to costs and reasonable attorneys' fees incurred by the
Association in a judgment or decree in any action or suit brought by the Association under
this section.
(i)
The Association shall furnish to a unit owner or such unit owner's desi9nee or to a holder of
a security interest or its designee upon written request, delivered personally or by certified
mail, first-class postage prepaid, return receipt, to the Association's registered agent, a
written statement setting forth the amount of unpaid assessments currently levied against
such owner's unit. The statement shall be furnished within fourteen (14) calendar days after
receipt of the request and is binding on the Association, the Executive Board, and every unit
owner. If no statement if furnished to the unit owner or holder of a security interest or their
designee, delivered personally or by certified mail, first-class postage prepaid, return receipt
requested, to the inquiring party, then the Association shall have no right to assert a lien
upon the unit for unpaid assessments which were due as of the date of the request.
U)
In any action by an Association to collect assessments or to foreclose a lien for unpaid
assessments, the court may appoint a received of the unit owner to collect all sums alleged
to be due from the unit owner prior to or during the pending of the action. The court may
order the receiver to pay any sums held by the receiver to the Association during the pending
of the action to the extent of the Association's common expense assessments.
(k) The Association's lien may be foreclosed in like manner as a mortgage on real estate.
6.10 Liability of Owners. Purchasers and Encumbrances. The amount of any assessment, charge, fine
or penalty payable with respect to any unit owner or unit shall be a joint and several obligation to
the Association of such unit owner and such unit owner's heirs, personal representatives,
successors and assigns. A parly acquiring fee simple title to a unit shall be jointly and severally
liable with the former unit owner for all such amounts which had accrued and were payable at the
time of the acquisition of fee simple title to the unit by such parly without prejudice to such party's
right to recover any of said amounts paid from the former unit owner. Each such amount, together
with interest thereon, may be recovered by suit for a money judgment by the Association without
foreclosing or waiving any lien securing the same. Notwithstanding the foregoing, the holder of a
mortgage, deed of trust or other lien on a unit shall not be liable for any such assessment, charge,
fine or penalty and the lien for any such assessment, charge, fine or penalty shall be junior to any
lien or encumbrance on a unit taken in good faith and for value and perfected by recording in the
office of the Clerk and Recorder of Pitkin County, Colorado, prior to the time a notice of failure to
pay any such amount is recorded in said office, describing the unit.
6.11 Estoppel Certificate. Upon payment of a reasonable fee as determined from time to time by the
Association and upon written request of any unit owner or any person with any right, title or interest
in a unit or intending to acquire any right, title or interest in a unit, the Association shall furnish a
written statement of account setting forth the amount of any assessments, charges, fines or
penalties, if any, due or accrued and then unpaid with respect to a unit and the amount of the
assessment for the current fiscal period of the Association payable with respect to the unit, which
statement shall, with respect to the party to whom it is issued, be conclusive against the
Association and all parties, for all purposes, that no greater or other amounts were then due or
accrued and unpaid.
6.12 Surplus Funds. Any surplus funds of the Association remaining after payment of or provision for
common expenses and any prepayment of or provision for reserves shall be paid to the unit owners
in proportion to their common expense liabilities or credited to them to reduce their future common
expense assessments.
Condominium Declaration for East Hopkins
Page 16
(.~J
Q:J
....
....
""
(ji
lJl
I
-..l
Q:J
~
1,j.
I
.,.
Q:J
....
o
tij
,
o
..0
"
..0
tij
o
t.J
..
o
..0
1J
71
tii
n)
Q:J
o
'"'ii
-I>
-I>
VII. USE AND OTHER RESTRICTIONS
7.1 Occuoancy and Resale Deed Restrictions. Ownership, use, occupancy, and resale of the project,
including the units and common elements, is subject to the terms of the "Master Deed Restriction
Agreement for the Occupancy and Resale of East Hopkins," attached hereto as Exhibit C.
7.2 Restrictions on Use and Subdivision. Each unit shall be used for residential purposes only and
none shall be used for any commercial or business purpose. No lands or structures within the East
Hopkins project shall ever be occupied or used in any manner which is contrary to any zoning,
subdivision or building restrictions of the City of Aspen, nor contrary to any rule or regulation
promulgated by the Association pursuant hereto. No further subdivision of a unit is permitted. In
addition to those rental limitations imposed pursuant to Exhibit C, any lease or rental agreement
must be in writing and subject to the requirements of this Declaration and the By-Laws. No unit
may be leased or rented for less than seven (7) days.
7.3 Common Elements Restrictions. All use and occupancy of common elements shall be subject to
and governed by rules and regulations of the Association. No unit owner shall obstruct, damage
or commit waste to any of the common elements. Except as provided herein, no unit owner shall
change, alter, repair or store anything in or on any of the common elements without the prior written
consent of the Association.
7.4 No Imoerilina of Insurance. No owner shall do anything or cause anything to be kept in or on the
project which might result in an increase in the insurance premiums of insurance obtained for the
project or which might cause cancellation of such insurance without the prior written consent of the
Association.
7.5 No Violation of Law. No unit owner shall do anything or keep anything in or on the project which
would be in violation of any statute, rule, ordinance, regulation, permit or other validly imposed
requirement of any governmental body.
7.6 No Noxious. Offensive. Hazardous or Annovina Activities. No noxious or offensive activity shall be
carried on upon any part of the project nor shall anything be done or placed on or in part of the
project which is or may become a nuisance or cause embarrassment, disturbance or annoyance
to others. No activity shall be conducted on any part of the project and no improvements shall be
made or constructed on any part of the project which are or might be unsafe or hazardous to any
person or properly. No sound shall be emitted on any part of the project which is unreasonably
loud or annoying. No odor shall be emitted on any part of the project which is noxious or offensive
to others. No light shall be emitted from any part of the project which is unreasonably bright or
causes unreasonable glare.
7.7 No Unsiahtliness. No unsightliness shall be permitted on or in any part of the project. Without
limiting the generality of the foregoing, nothing shall be kept or stored on or in any of the common
elements, nothing shall be hung or placed on any of the common elements, and nothing shall be
placed on or in windows or doors of units which would or might create an unsightly appearance.
7.8 Restriction on Sians. No signs or advertising devices of any nature shall be erected or maintained
on any part of the project without the prior written consent of the Association.
7.9 Antennas. No radio, television or other type of antenna shall, without the written consent of the
Association, be installed or maintained on the buildings.
Condominium Declaration for East Hopkins
Page 17
t.)
Q:l
....
...
..0
tij
to
I
-..J
Q:J
o
1J
I
..,
():)
fl,)
o
tij
,
o
'.0
,
..0
Ul
oS?!
t~J
..
oS?!
'.0
1J
T1
cii
f(1
..0
o
."
-I>
-I>
',..-------
7.10 Maintenance of Units and Common Elements. Each unit and all improvements, fixtures and
furniture and equipment therein shall be kept and maintained by the unit owner in a clean, safe,
attractive and sightly condition and in good repair. No structural alterations within any unit or with
respect to any common elements shall be made and no electrical, plumbing or similar work within
any unit (except minor repair work localized within the unit not affecting these overall utility
systems) shall be done without the prior written consent of the Association.
7.11 Owner Caused DamaQe. If, due to the act or neglect of a unit owner, loss or damage shall be
caused to any person or properly, including the project or any unit therein, such unit owner shall
be liable and responsible for the same except to the extent that such damage or loss is covered
by insurance obtained by the Association and the carrier of the insurance has waived its rights of
sUbrogation against such unit owner. The amount of such loss or damage may be collected by the
Association from such unit owner as a special assessment against such unit owner, by legal
proceedings or otherwise, and such amount shall be secured by a lien on the unit of such unit
owner as provided elsewhere in this Declaration for assessments or other charges.
7.12 No Impairment of Structural Intearitv. Nothing shall be done, without the written consent of the
Association, in, on or to, any unit or the common elements, or any portion thereof, which might
impair the structural integrity of the buildings or which would structurally change the buildings.
7.13 No Violation of Rules. No unit owner shall violate the provisions of this Declaration or the rules and
regulations accepted from time to time by the Association whether relating to the use of the units,
the use of the common elements or otherwise.
7.14 Responsibilities of Owners. Whenever this Declaration or any rule or regulation of the Association
prohibits any action of, or assigns responsibility to, any unit owner and any provision of the
Declaration or rule or regulation is violated by a tenant, licensee or guest of any unit owner (or
anyone occupying the premises with his consent), the unit owner shall be responsible for any such
violation to the same extent as if the unit owner had committed the same (except to the extent that
such liability is prohibited by law).
VIII. INSURANCE
8.1 Insurance Reauirements Generallv.
(a) Commencing not later than the time of the first conveyance of a unit to a person other than
Declarant, the Association shall obtain and maintain in full force and effect at all times certain
properly, liability and other insurance as hereinafter provided. All such insurance shall be
obtained, to the extent possible, from responsible companies duly authorized to do insurance
business in the State of Colorado. All such insurance, to the extent possible, shall name the
Association as the insured, in its individual capacity and also either. asaltorney-in-fact or
trustee for all unit owners.
(b) The cost and expense of all insurance obtained by the Association, except insurance
covering additions, alterations or improvements made to a unit by a unit owner or other
insurance obtained at the request of and specifically benefitting any particUlar unit owner,
shall be a common expense to be covered by assessments as elsewhere provided in this
Declaration.
Condominium Declaration for East Hopkins
Page 18
t,
CD
.....
....
..0
lfi
I:P
I
'"
Q:J
e
T1
r
-I>
Q:J
t.J
e
tij
,
oS?!
.:[)
,
..0
til
o
t.)
..
oS?!
..0
1J
1J
Gl
t,)
o
o
."
-I>
-I>
8.2 ProperlY Insurance.
(a) The Association shall obtain and maintain properly insurance insuring the common elements
and each unit against loss or damage by fire and such other hazards as are covered under
standard extended coverage policies, vandalism and malicious mischief and, if available and
is deemed appropriate by the Association, war risk, for the full insurable replacement cost
of the project, including each unit.
(b) The total amount of insurance must be not less than the full insurable replacement cost of
the insured property less applicable deductibles at the time the insurance is purchased and
at each renewal date, exclusive of land, excavations, foundations, and other items normally
excluded from properly policies. Such insurance must include the units, but not the finished
interior surfaces of the walls, floors, and ceilings of the units. The insurance need not
include improvements and betterments installed by unit owners, but if they are covered, any
increased charge shall be assessed by the Association to those unit owners.
8.3 Commercial General Uabilitv Insurance. The Association shall obtain and maintain commercial
general liability insurance against claims and liabilities arising in connection with the ownership,
existence, use, or management of the common elements in the amount of $1,000,000.00 for each
occurrence including bodily injury and/or properly damage, insuring the Executive Board, the
Association, the management agent, and their respective employees, agents, and all persons acting
as agents. The Declarant shall be included as an additional insured in such Declarant's capacity
as a unit owner and board member. The unit owners shall be included as additional insureds, but
only for claims and liabilities arising in connection with the ownership, existence, use, or
management of the common elements and, in cooperatives, also of all units. The insurance shall
cover claims of one or more insured parties against other insured parties.
8.4 Insurance bv Owners. Except to the extent coverage therefor may be obtained by the Association
and be satisfactory to a unit owner, each unit owner shall be responsible for obtaining insurance
he deems desirable, including insurance covering furnishings and personal property belonging to
that unit owner and covering personal liability of that unit owner.
8.5 Unavailability of Insurance - Notice. If the insurance described in Sections 8.2 and 8.3 is not
reasonably available, or if any policy of such insurance is canceled or not renewed without a
replacement policy therefore having been obtained, the Association promptly shall cause notice of
that fact to be hand delivered or sent prepaid by United States mail to all unit owners.
8.6 Reauired Provisions. Insurance policies carried pursuant to Sections 8.2 and 8.3 must provide that:
(a) Each unit owner is an insured person under the pOlicy with respect to liability arising out of
such unit owner's interest in the common elements or membership in the Association;
(b) The insurer waives its rights to subrogation under the policy against any unit owner or
member of his household;
(c) No act or omission by any unit owner, unless acting within the scope of such unit owner's
authority on behalf of the Association, will void the policy or be a condition to recovery under
the policy; and
(d) If, at the time of a loss under the policy, there is other insurance in the name of a unit owner
covering the same risk covered by the policy, the Association's policy provides primary
insurance.
Condominium Declaration for East Hopkins
Page 19
'.'
O:l
....
....
..0
(Jl
O:l
!
~
Q:J
oS?!
..
,
-I>
())
-I>
oS?!
(..11
,
oS?!
..0
,
..f)
lfl
oS?!
('J
oS?!
..f)
T1
G)
(.J
....
q
-I>
-I>
.,.__.-~
8.7 Application of Proceeds. Any loss covered by the properly insurance policy described in this
Section 8.7 must be adjusted with the Association, but the insurance proceeds for that loss shall
be payable to any insurance trustee designated for that purpose, or otherwise to the Association,
and not to any holder of a security interest. The insurance trustee or the Association shall hold any
insurance proceeds in trust for the Association unit owners and lienholders as their interests may
appear. Subject to the provisions of this Section 8.7, the proceeds must be disbursed first for the
repair or restoration of the damaged property, and the Association, unit owners, and lienholders
are not entitled to receive payment of any portion of the proceeds unless there is a surplus of
proceeds after the properly has been completely repaired or restored or the project is terminated.
In the event of a surplus, proceeds shall go to the owners in proportiOn to their interests in the
common elements.
8.8 Other Insurance bv Association. The Association shall also have the power or authority to obtain
and maintain other and additional insurance coverage, including casualty insurance covering
personal properly of the Association, fidelity bonds or insurance covering employees and agents
of the Association and insurance indemnifying officers, directors, employees and agents of the
Association.
8.9 Owner-Increased Premiums. In the event that, as a consequence of the hazardous use of any unit,
or of any owner installed improvements to any unit, the premiums of any policy of insurance
purchased by the Association are increased, or a special policy is required, the cost of such
increase or specific policy shall be assessed to the unit owner of such unit.
8.10 Policies and Procedures. The Association may adopt and establish written nondiscriminatory
policies and procedures relating to the submittal of claims, responsibility for deductibles, and any
other matters of claims adjustment. To the extent the Association settles claims for damages to
real properly, it shall have the authority to assess negligent unit owners causing such loss or
benefiting from such repair or restoration all deductibles paid by the Association. In the event that
more than one unit is damaged by a loss, the Association in its reasonable discretion may assess
each unit owner a pro rata share of any deductible paid by the Association.
8.11 Certificate of Insurance - Renewal. An insurer that has issued an insurance policy for the insurance
described in Sections 8.2 and 8.3 shall issue certificates or memoranda of insurance to the
Association, and, upon request, to any unit owner or holder of a security interest. Unless otherwise
provided by statute, the insurer issuing the policy may not cancel or refuse to renew it until thirly
(30) days after notice of the proposed cancellation or non renewal has been mailed to the
Association, and each unit owner and holder of a security interest to whom a certificate or
memorandum of insurance has been issued, at their respective last-known addresses.
8.12 Destruction or Damaoe to Property.
(a) Any portion of the project for which insurance is required under this section which is
damaged or destroyed must be repaired or replaced promptly by the Association unless the
project is terminated, or repair or replacement would be illegal under any state or local
statute or ordinance governing health or safety, or eighty percent (80%) of the unit owners,
including every owner of a unit or assigned limited common element that will not be rebuilt,
vote not to rebuild, or prior to the conveyance of any such unit to a person other than
Declarant, the holder of a deed of trust or mortgage on the damaged portion of the project
rightfully demands all or a substantial part of the insurance proceeds.
Condominium Declaration for East Hopkins
Page 20
(~j
Q:J
,...,
....
..0
tij
't'
..:;
():l
oS?!
1J
I
-I>
Q:J
tq
o
tl1
,
oS?!
..0
,
..0
tij
o
(oj
oS?!
..0
U
Ti
Gi
(.J
m
o
11
~
::j;
(b) The cost of repair or replacement in excess of insurance proceeds and reserves is a
common expense. If the project is not repaired or replaced, the insurance proceeds
attributable to the damaged common elements must be used to restore the damaged area
to a condition compatible with the remainder of the project, and, except to the extent that
other persons will be distributees, the insurance proceeds attributable to units and limited
common elements that are not rebuilt must be distributed to the owners of those units and
the owners of the units to which those limited common elements were allocated, or to lien
holders, as their interests may appear, and the remainder of the proceeds must be
distributed to all the unit owners or lienholders, as their interests may appear in proportion
to the common element interests of all the units.
IX. DESTRUCTION. CONDEMNATION. OBSOLESCENCE. AND
RESTORATION OR SALE OF PROJECT
9.1 Certain Definitions. The following terms shall have the following definitions:
(a) "Substantial Destruction" shall mean any casualty, damage or destruction to the project or
any part thereof if the estimate costs or restoration less available funds are fifty percent
(50%) or more of the estimated restored value of the project. "Partial Destruction" shall
mean any other casualty, damage or destruction of the project or any part thereof.
(b) "Substantial Condemnation" shall mean the complete taking of the project or a taking of part
of the project under eminent domain or by grant or conveyance in lieu of condemnation if the
estimated costs of restoration less available funds are fifty percent (50%) or more of the
estimated restored value of the project. "Partial Condemnation" shall mean any other such
taking by eminent domain or by grant or conveyance in lieu of eminent domain.
(c) "Substantial Obsolescence" shall exist whenever sixty six and two-thirds percent (66.66%)
in interest of the unit owners determine, by vote, that substantial obsolescence exists or
whenever the project or any part thereof has reached such a state of obsolescence or
disrepair that the estimated costs of restoration less available funds are fifty percent (50%)
or more of the estimated restored value of the project. "Partial Obsolescence" shall mean
any state of obsolescence or disrepair which does not constitute substantial obsolescence.
(d) "Restoration," in the case of any casualty, damage or destruction, shall mean restoration of
the project to the same or substantially the same condition in which it existed prior to the
casualty, damage or destruction; in the case of condemnation, shall mean restoration of the
remaining portion of the project to as attractive, sound and desirable condition as possible;
and, in the case of obsolescence, shall mean restoration of the project to a condition as
attractive, sound and desirable as possible.
(e) "Restored Value" shall mean the value of the project of restoration as estimated by the
Association.
(f) "Available Funds" shall mean any proceeds of insurance or condemnation awards or
payments in lieu of condemnation and any uncommitted income or funds of the Association
other than the income or funds derived through special assessments.
Condominium Declaration for East Hopkins
Page 21
t~J
(:)
....
....
oJ;)
tij
1Jj
I
'-J
Q:J
IS>
1J
I
-I>
CD
(!'
IS>
tij
,
oS?!
..0
,
..0
Ul
oS?!
t-)
..
oS?!
oJ;)
1J
Gi
t-)
t-)
o
."
-I>
-I>
(g) "Available Funds" shall not include that portion of insurance proceeds legally required to be
paid to another parly, including a mortgagee, or that portion of any condemnation award or
payment in lieu of condemnation payable to the owner of a unit for the condemnation or
taking of that owner's unit.
9.2 Restoration of the Proiect. Subject to the requirements of Section 8.12, restoration of the project
shall be undertaken by the Association without a vote of unit owners in the event of partial
destruction, partial condemnation or partial obsolescence but shall be undertaken in the event of
substantial destruction, substantial condemnation or substantial obsolescence only with the consent
of seventy-five percent (75%) in interest of all Owners and seventy-five percent (75%) in number
of all mortgagees. In the event the insurance proceeds actually received exceed the cost of
restoration when such restoration is undertaken pursuant to this section, the excess shall be paid
and distributed to each unit owner, or mortgagee of a unit owner, in proportion of such unit owner's
undivided interest in the common elements.
9.3 Sale of the Proiect. The project shall be sold in the event of substantial destruction, substantial
condemnation or substantial obsolescence unless consent to restoration has been obtained from
seventy-five percent (75%) in interest of all unit owners and consent to restoration of seventy-five
percent (75%) in number of all mortgagees has been obtained. In the event of a sale,
condominium ownership under this Declaration shall terminate and the proceeds of sale and any
insurance proceeds, condemnation awards or payments in lieu of condemnation shall be distributed
by the Association to each unit owner, or the mortgagee of a unit owner, in proportion to such unit
owner's undivided interest in common elements.
9.4 Authority of Association to Restore or Sell. The Association, as attorney-in-fact for each unit owner,
shall have full power and authority to restore or to sell, as the case may be, the project and each
unit in the project whenever restoration or sale, as the case may be, is to be undertaken as herein
provided. Such authority shall include the right and power to enter into any contracts, deeds or
other instruments which may be necessary or appropriate for restoration or sale, as the case may
be.
9.5 Pavment of Proceeds. In the event of substantial destruction, condemnation or obsolescence all
insurance proceeds, proceeds of sale, condemnation awards, or payments in lieu Qf condemnation
shall be paid to the Association, as trustee for all of the unit owners and any mortgagee, as the
interest of such owners and any such mortgagee may appear.
9.6 Special Assessments for Restoration. When restoration is to be undertaken, the Association may
levy and collect assessments from each unit owner in proportion to each unit owner's undivided
interest in common elements, payable over such periOd as the Association may determine, to cover
the costs and expenses of restoration to the extent not covered by available funds. Such special
assessments shall be secured by a lien on the unit of each owner as in the case of regular
assessments. Notwithstanding any other provision in this Declaration, in the event of substantial
condemnation or substantial obsolescence, any such special assessment shall not be a personal
obligation of any Owner who did not consent to restoration but, if not paid may be recovered oniy
by foreclosure of the lien against the unit of such owner.
9.7 Receipt and Application of Condemnation Funds. All compensation, damages or other proceeds
constituting awards in condemnation or eminent domain or payments in lieu of condemnation or
eminent domain shall be payable to the ASSOciation. The amount thereof allocable to
compensation for the taking of or injury to a particular unit or to improvements of a unit owner
therein shall be apportioned to the unit owner of that unit except to the extent used for restoration
of that unit. The balance of the award shall be applied to costs and expenses of restoration, if
Condominium Declaration for East Hopkins
Page 22
t.)
Q:J
....
....
..0
tij
O:l
I
-.j
Q:J
oS?!
iJ
,
i-
CD
-.j
>5)
tij
,
o
..0
,
..0
tij
o
(.oj
o
..0
'"0
~
"
6
t,j
-I>
o
'1l
-I>
-I>
undertaken, and to the extent not so applied, shall be allocated as follows: First, any portion of the
award allocable to the taking of or injury to common elements shall be apportioned to owners of
units which were not taken or condemned in proportion to their respective undivided interests in the
common elements; and second, the amounts allocated to consequential damages or for other
purposes shall be apportioned as the Association determines to be equitable under the
circumstances.
9.8 Eminent Domain.
(a) If a unit is acquired by eminent domain or part of a unit is acquired by eminent domain
leaving the unit owner with a remnant which may not practically or lawfully be used for any
purpose permitted by the declaration, the award must include compensation to the unit owner
for that unit and its allocated interests whether or not any common elements are acquired.
Upon acquisition, unleSs the decree otherwise provides, that unit's allocated interests are
automatically reallocated to the remaining units in proportion to the respective allocated
interests of those units before the taking. Any remnant of a unit remaining after part of a unit
is taken under this section is thereafter a common element.
(b) Except as provided above, if part of a unit is acquired by eminent domain, the award must
compensate the unit owner for the reduction in value of the unit and its interest in the
common elements whether or not any common elements are acquired. Upon acquisition,
unless the decree otherwise provides:
(i) That unit's allocated interests are reduced in proportion to the reduction in the size
of the unit or on any other basis specified in the declaration; and
(ii) The portion of allocated interests divested from the partially acquired unit is
automatically reallocated to that unit and to the remaining units in proportion to the
respective interests of those units before the taking, with the partially acquired unit
participating in the reallocation on the basis of its reduced allocated interests.
(c) If part of the common elements is acquired by eminent domain, that portion of any award
attributable to the common elements taken must be paid to the Association. Unless the
declaration provides otherwise, any portion of the award attributable to the acquisition of a
limited common element must be equally divided among the owners of the units to which that
limited common element must be equally divided among the owners of the units to which that
limited common element was allocated at the time of acquisition. For the purposes of
acquisition of a part of the common elements other that the limited common elements under
this section, service of process on the Association shall constitute sufficient notice to all unit
owners, and service of process on each individual unit owner shall not be necessary.
(d) The court decree shall be recorded in Pitkin County.
(e) The reallocation of allocated interests pursuant to this section shall be confirmed by an
amendment to the Declaration prepared, executed, and recorded by the Association.
Condominium Declaration for East Hopkins
Page 23
(,.)
Q:J
....
....
..0
tij
I:P
I
--.J
Q:J
oS?!
1J
!
~
()J
Q:J
oS?!
01
,
oS?!
..0
,
..0
tij
oS?!
(.J
oS?!
..0
'-'
T1
(ij
t.)
t~
o
To
-I>
-I>
X. MISCELLANEOUS
10.1 Amendment of Declaration.
(a) Except as otherwise specified by statute or a specific provIsion of this Declaration, the
Declaration, including the plats and maps, may be amended only by a vote or agreement of
unit owners of units to which at least seventy-five percent (75%) of the votes in the
Association are allocated. In addition, amendments of a material nature must be agreed to
by eligible mortgage holders who represent at least seventy-five percent (75%) of the votes
of unit estates that are subject to mortgages held by eligible holders. A change to any of the
following will be considered as material:
(i) voting rights;
(ii) assessments, assessment liens, or the priority of assessment liens;
(Iii) reserves for maintenance, repair, and replacement of common elements;
(iv) responsibility for maintenance and repairs;
(v) reallocation of interests in the general or limited common elements or rights to their
use;
(vi) redefinition of any unit boundaries;
(vii) convertibility of units into common elements or vice versa;
(viii) expansion or contraction of the project, or the addition, annexation, or withdrawal or
properly to or from the project;
(ix) insurance or fidelity bond;
(x) leasing of units;
(xi) imposition of any restrictions on a unit owner's right to sell or transfer his or her unit;
(xii) a decision by the owner's association to establish self-management when
professional management had been required previously by the project documents or
by an eligible mortgage holder;
(xiii) restoration or repair of the project (after a hazard damage or partial condemnation)
in a manner other than that specified in the document;
(xiv) any action to terminate the legal status of the project after substantial destruction or
condemnation occurs; or,
(xv) any provisions that expressly benefit mortgage holders, insurers, or guarantors.
Implied approval may be assumed by the Association when an eligible mortgage holder fails
to submit a response to any written proposal for amendment of a material nature within thirly
(30) days of notice thereof, provided such notice was delivered by certified or registered mail,
with a "return receipt" requested.
Condominium Declaration for East Hopkins
Page 24
t,)
Q:J
....
....
..0
Ui
O:l
I
-..!
(l:)
o
1J
I
-I>
Q:J
..0
oS?!
Ui
,
6;
..0
"-
..0
tij
oS?!
t.)
..
o
..0
1J
~
Gi
to)
r:fo
o
'Tj
-I>
-I>
(b) No action to challenge the validity of an amendment adopted by the Association pursuant to
this section may be brought more than one year after the amendment is recorded.
(c) Every amendment to the Declaration must be recorded in Pitkin County in and is effective
only upon recordation. An amendment must be indexed in the grantee's index in the name
of the East Hopkins Condominiums and the Association and in the grantor's index in the
name of each person executing the amendment.
(d) Except to the extent expressly permitted or required by other provIsions of law, no
amendment may create or increase special Declarant rights, increase the number of units,
or change the boundaries of any unit or the allocated interests of a unit, or the uses to which
any unit is restricted, in the absence of unanimous consent of the unit owners.
(e) Amendment to the Declaration to be recorded by the Association shall be prepared,
executed, recorded, and certified on behalf of the Association by the secretary or the
president of the Association.
(f) All expenses associated with preparing and recording an amendment to the Declaration shall
be the sole responsibility of the Association.
(g) At any time until the first unit is conveyed by Declarant as reflected by a deed recorded in
the office of the Clerk and Recorder of Pitkin County, Colorado, Declarant may revoke this
Declaration and the condominium map and terminate condominium ownership of the project
by the recording of a written instrument setting forth Declarant's intent to so revoke and
terminate.
10.2 Termination.
(a) Except in the case of a taking of all the units by eminent domain, the Association may be
terminated only by agreement of unit owners of units to which at least two-thirds (213) of the
votes in the Association are allocated. In addition, when the unit owners are considering
termination for reasons other than substantial destruction or condemnation of the properly,
eligible mortgage holders that represent at least fifty one percent (51%) of the mortgaged
units must agree. Implied approval may be assumed by the Association when an eligible
mortgage holder fails to submit a response to any written proposal for termination with thirly
(30) days of notice thereof, provided such notice was delivered certified or registered mail,
with a "return receipt" requested.
(b) An agreement of unit owners to terminate must be evidenced by their execution of a
termination agreement or ratifications thereof in the same manner as a deed, by the requisite
number of unit owners. The termination agreement must specify a date after which the
agreement will be void unless it is recorded before that date. A termination agreement and
all ratifications thereof must be recorded in Pitkin County and if effective only upon
recordation.
(c) Subject to the proviSions of a termination agreement, the Association, on behaif of the unit
owners, may contract for the sale of real estate following termination, but the contract is not
binding on the unit owners until approved pursuant to Subsection (a) and (b) of this section.
If any real estate is to be sold following termination, title to that real estate, upon termination,
vests in the Association as trustee for the holders of all interests in the units. Thereafter, the
Association has all the powers necessary and appropriate to effect the sale. Until the sale
has been concluded and the proceeds thereof distributed, the Association continues in
Condominium Declaration for East Hopkins
Page 25
t.J
Q:J
....
....
..0
tq
1:P
I
-.J
Q:J
oS?!
1J
I
-I>
..0
oS?!
oS?!
tij
,
oS?!
oil
,
..0
f.Jl
oS?!
(,..;
oS?!
..0
1J
"
CD
t~J
-.J
o
."
-I>
-I>
existence with all the powers it had before termination. Proceeds of the sale must be
distributed to unit owners and lienholders as their interests may appear, in accordance with
Subsections (f) and (g) of this section. Unless otherwise specified in the termination
agreement, as long as the Association holds title to the real estate, each unit owner and the
unit owner's successors in interest have an exclusive right to occupancy of the portion of the
real estate that formerly constituted the unit. During the period of that occupancy, each unit
owner and the unit owner's successors in interest remain liable for all assessments and other
obligations imposed on unit owners by this Declaration.
(d) If the real estate constituting the common interest community is not to be sold following
termination, title to the common elements vests in the unit owners upon termination as
tenants in common in proportion to their respective interests and liens on the units shift
accordingly. While the tenancy in common exists, each unit owner and the unit owner's
successors in interest have an exclusive right to occupancy of the portion of the real estate
that formerly constituted such unit.
(e) Following termination, the proceeds of any sale of real estate, together with the assets of the
Association, are held by the Association as trustee for unit owners and holders of liens on
the units as their interests may appear.
(f) Following termination, creditors of the Association holding liens on the units, which were
perfected as a result of a judgment before termination, may enforce those liens in the same
manner as any lienholder. All other creditors of the Association are to be treated as if they
had perfected liens on the units immediately before termination.
(g) The respective interests of unit owners referred to above are as follows:
(i) Except as provided in Paragraph (ii) of this Subsection (g), the respective interests
of unit owners are the fair market values of their units, allocated interests, and any
limited common elements immediately before the termination, as determined by one
or more independent appraisers selected by the Association. The decision of the
independent appraisers shall be distributed to the unit owners and becomes final
unless disapproved within thirly (30) days after distribution by unit owners of units
to which twenty-five percent (25%) of the votes in the Association are allocated. The
proportion of any unit owner's interest to that of all unit owners is determined by
dividing the fair market value of that unit owner's unit and its allocated interests by
the total fair market values of all the units and their allocated interests.
(iI) If any unit or any limited common element is destroyed to the extent that an
appraisal of the fair market value thereof prior to destruction cannot be made, the
interests of all unit owners are their respective common element interests
immediately before the termination; in a cooperative, their respective ownership
interests immediately before the termination; and in a planned community, their
respective common expense liabilities immediately before the termination.
(h) If a lien or encumbrance against a portion of the real estate has priority over the declaration
and the lien or encumbrance has not been partially released, the parties foreclosing the lien
or encumbrance, upon foreclosure, may record an instrument excluding the real estate
subject to that lien or encumbrance from the common interest community. The Executive
Board shall reallocate interests as if the foreclosed section were taken by eminent domain
by an amendment to the declaration prepared, executed, and recorded by the Association.
Condominium Declaration for East Hopkins
Page 26
(,.J
Q:J
....
....
..0
tij
O:l
I
"
Q:J
o
D
I
-I>
..0
....
oS?!
tij
,
o
..0
,
..0
tli
o
t.J
..
o
oJ)
1J
1J
G)
t,)
Q:J
9
ij
-I>
-I>
10.3 Construction of Declaration. In the event of a conflict between the provisions of this Declaration
and the Bylaws, the Declaration prevails, except to the extent that the Declaration is inconsistent
with the CCIOA.
10.4 Effect of Provisions of Declaration. Each provision of this Declaration, as the same may be
amended from time to time, and any agreement, promise, covenant and undertaking to comply with
each such provision of this Declaration, and any necessary exception or reservation or grant of title,
estate, right or interest to effectuate any such provision of this Declaration:
(a) shall be deemed incorporated in each deed or other instrument by which any right, title or
interest in the project or in any unit is granted, devised or conveyed, whether or not set forth
or referred to in such deed or other instrument;
(b) shall, by virtue of acceptance of any right, title or interest in the project or in any unit by a
unit owner; be deemed accepted, ratified, adopted and declared as a personal covenant of
such unit owner, and, as a personal covenant, shall be binding. on such unit owner and such
unit owner's heirs, personal representatives, successors and assigns and, as a personal
covenant to, with and for the benefit of the Association but not to, with or for the benefit of
any other unit owner;
(c) shall be deemed a real covenant by Declarant, for itself, its successors and assigns, and also
an equitable servitude, running, in each case, as a burden with and upon the title to the
project and each unit and, as a real covenant and also as ,an equitable servitude, shall be
deemed a covenant and servitude for the benefit of the project and each unit; and
(d) shall be deemed a covenant, obligation and restriction secured by a lien in favor of the
Association, burdening and encumbering the title to the project and each unit in favor of the
Association.
10.5 Duration of Declaration. All provisions contained in this Declaration shall continue and remain in
full force and effect until this Declaration is terminated or revoked. The rule against perpetuities
does not apply to defeat any provision of this Declaration or rules and regulations adopted pursuant
hereto.
10.6 Enforcement and Remedies. Each provision of this Declaration with respect to a unit owner or the
unit of an owner shall be enforceable by the Association by a proceeding for a prohibitive or
mandatory injunction or by a suit or action to recover damages, or, in the discretion of the
Association, for so long as any unit owner fails to comply with any such provisions, by denial of all
voting rights of such unit owner and exclusion of such unit owner and such unit owner's guests from
use of any common elements.
If any person subject to the provisions of this Declaration fails to comply with any of its provisions
or any provision of the Bylaws, Articles, or rules and regulations, any person or class of persons
adversely affected by the failure to comply may require reimbursement for collection costs and
reasonable attorneys' fees and costs incurred as a result of such failure to comply, without the
necessity of commencing a legal proceeding. For each claim, including but not limited to
counterclaims, cross-claims, and third-party claims, in any legal proceeding to enforce the
provisions of the Declaration, Bylaws, Articles, or rules and regulations, the court shall award to the
party prevailing of such claim the prevailing party's reasonable collection costs and attorneys' fees
and costs incurred in asserting or defending the claim.
Condominium Declaration for East Hopkins
Page 27
t.J
Q:J
....
....
..0
Ul
IJ:!
I
-..j
Q:J
oS?!
"
I
-I>
0.[)
f1.)
oS?!
tll
,
IS;
0.[)
,
..0
tij
IS;
(.)
..
oS?!
0.[)
"
T1
cii
t~)
0.[)
~
~,
'T1
-I>
+-
10.7 Protection of Encumbrancer - Inspection of Books and Records - Notice.
(a) No violation or breach of, or failure to comply with, any provision of this Declaration and no
action to enforce any such provision shall affect, defeat, render invalid or impair the lien of
any mortgage, deed of trust or other lien on any unit taken in good faith and for value and
perfected by recording in the office of the Clerk and Recorder of Pitkin County, Colorado,
prior to the time of recording in said office of an instrument describing the unit and listing the
name or names of the unit owner or unit owners of fee simple title to the unit and giving
notice of such violation, breach or failure to comply; nor shall such violation, breach or failure
to comply or action to enforce affect, defeat, render invalid or impair the title or interest of
the holder of any such mortgage, deed of trust, or other lien or the title or interest acquired
by any purchaser upon foreclosure of any such mortgage, deed of trust or other lien or result
of any liability, personal or otherwise, of any such holder or purchaser. Any such purchaser
on foreClosure shall, however, take subject to this Declaration except only that violations or
breaches of, or failures to comply with, any provisions of this Declaration which occurred
prior to the vesting of fee simple title in such purchaser shall not be deemed breaches or
violations hereof or failures to comply herewith with respect to such purchaser, his heirs,
personal representatives, successors or assigns.
(b) The books and records of the Association including the current Declarations and By-Laws,
rules of the Association, and financial records, shall be available for inspection during normal
business hours to any holder, insurer, or guarantor of the mortgage on any unit, and any
such person or entity shall be allowed to have an audited statement prepared at its own
expense.
(c) The holder, insurer, or guarantor of the mortgage on any unit shall have the right to timely
notice of:
(i) any condemnation or casualty loss that affects either a material portion of the project
or the unit securing its mortgage;
(iI) an sixty (60) day delinquency in the payment of assessments or charges owed by
the owner of any unit on which it holds the mortgage;
(Iii) a lapse, cancellation, or material modification of any insurance policy or fidelity bond
maintained by the owners' association; and
(iv) any proposed action that requires the consent of a specified percentage of eligible
mortgage holders.
To be entitled to receive this information, the mortgage holder, insurer, or guarantor must
send a written request to the owners' association, stating both its name and address and the
unit number or address of the unit on which it has (or insures or guarantees) the mortgage.
10.8 Limited Liabilitv. If appointed by Declarant, in the performance of their duties, the officers and
members of the Executive Board are required to exercise the care required of fiduciaries of the unit
owners. If not appointed by the Declarant, no member of the Executive Board and no officer shall
be liable for actions taken or omissions made in the performance of such member's duties except
for wanton and willful acts or omissions.
Condominium Declaration for East Hopkins
Page 28
~
t.)
Q:J
....
....
..0
tij
l:p
,
-..:
Q:J
o
~
;
-f,.
..0
W
oS?!
tij
,
S
..0
,
..0
tij
<Sl
to
o.
S
0$1
1J
,.,
Gi
.;>
15!
o
.."
.;:-
.;:-
10.9 Tort and Contract Liabilitv. Neither the Association nor any unit owner except Declarant is liable
for any cause of action based upon that Declarant's acts or omissions in connection with any part
of the project which Declarant has the responsibility to maintain. Otherwise, any action alleging
an act or omission by the Association must be brought against the Association and not against any
unit owner. If the act or omission occurred during any period of Declarant control and the
Association gives Declarant reasonable notice of an opportunity to defend against the action,
Declarant who then controlled the Association is liable to the Association or to any unit owner for
all tort losses not covered by insurance suffered by the Association or that unit owner and all costs
that the Association would not have incurred but for such act or omission. Whenever Declarant is
liable to the Association under this section, Declarant is also liable for all expenses of litigation,
including reasonable attorneys' fees, incurred by the Association. Any statute of limitation affecting
the Association's right of action under this section is tolled until the period of Declarant control
terminates. A unit owner is not precluded from maintaining an action contemplated by this section
by being a unit owner or a member or an officer of the Association.
Declarant is liable to the Association for all funds of the Association collected during the period of
Declarant control which were not properly expended.
10.10 Successors and Assians. This Declaration shall be binding upon and shall inure to the benefit of
the Association, and each unit owner and the heirs, personal representatives, successors and
assigns of each.
10.11 Severabilitv. Invalidity or unenforceability of any provisions of this Declaration in whole or in part
shall not affect the validity or enforceability of any other provision or any valid and enforceable part
of a provision of this Declaration.
10.12 Captions. The captions and headings in this instrument are for convenience only and shall not be
considered in construing any provisions of this Declaration.
10.13 No Waiver. Failure to enforce any provisions of this Declaration shall not operate as a waiver of
any such provision or of any other provision of this Declaration.
AUTHORITY
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this 9th day of May, 1995, by David Tolen,
Executive Director of the Aspen/Pitkin County Housing Authority, Pitkin County, Colorado.
Witness my hand and official seal.
Page 29
c;i;~~~
Condominium Declaration for East Hopkins
(,)
iJ:l
....
...
..0
tij
O:l
!
--l
(D
oS?!
"lJ
!
-I>
..0
-I>
oS?!
tij
,
oS?!
..0
,
..0
tij
oS?!
(.;
oS?!
..0
1J
~
u,
-I>
....
o
'1
-I>
-I>
I
EXHIBIT A
Legal Description
Condominium Unit , East Hopkins Condominiums,
pursuant to the Condominium Declaration recorded in
Book at Page of the records of
Pitkin County, Colorado.
Condominium Declaration for East Hopkins
Page 30
(..j
Q:J
....
....
..0
tij
'f
~
Q:J
oS?!
iJ
!
-I>
0.0
tij
oS?!
tii
,
oS?!
..0
,
..0
tij
oS?!
(oj
oS?!
..0
1J
T1
G'i
-I>
fJ)
o
'1l
-I>
-I>
EXHIBIT B
UNIT ALLOCATIONS OF COMMON AREA
INTEREST AND ASSESSMENTS FOR
EAST HOPKINS
UNIT
1
POINTS
PERCENTAGE
25
25%
2
25
25%
3
25
25%
4
25
25%
Condominium Declaration for East Hopkins
(.J
():)
....
....
oJ)
tij
'l;l:I
I
--.I
Q:J
oS?!
V
i
-I>
..0
tJ'
$
tij
,
oS?!
..0
,
oJ)
t~
oS?!
(oj
..
oS?!
oJ:!
-0
1J
CD
-I>
(0.)
o
"T1
-I>
-I>
Page 31
EXHIBIT C
MASTER DEED RESTRICTION AGREEMENT
FOR THE OCCUPANCY AND RESALE OF
EAST HOPKINS
(,J
Q:J
....
....
..0
tij
This document was filed separately fOllowing the
recording of the Condominium Declaration
;;0
I
--.I
Q:J
oS?!
1J
,
~
'"
--.I
o
tij
,
o
'"
,
'"
to.
o
(~.i
..
~
'"
1J
T1
rii
-I>
-I>
CJ
T:
-I>
.:>
condominium Declaration for East Hopkins
Page 32
../
/
\.,
372029 8-755 P-337 07/13/94 11:23A PG 1 OF 31
SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER
REC
155.00
DOC
SUBDIVISION AGREEMENT FOR THE
EAST HOPKINS AFFORDABLE HOUSING PROJECT
I ;;> This SUBD VISIpN AGREEMENT is made and entered into as of the
tv day of A (L , 1994 by and between Aspen/Pitkin County
Housing Author ty the "Owner") and the City of Aspen, Colorado,
a municipal corporation and home rule city (the "city").
WITNESSETH:
WHEREAS, the Owner owns that certain real property (the
"Property") located at 1017 East Hopkins, the complete legal
description of which is lots F, G and H, Block 33 of the East Aspen
Addition and lot 5, Block 5 of the Riverside Addition to the City
of Aspen, County of Pitkin, State of Colorado; and
WHEREAS, on November. 8, 1993 the city Council of the city of
Aspen granted approval pursuant to Sections 24-8-104, 24-7-1102 and
24-7-1003 of the Municipal Code of the City of Aspen (the "Code")
for the development of four (4) deed restricted dwelling units to
be situated on the property (see Ordinance 60, Series of 1993 a
copy of which is attached hereto as Exhibit "A"); and
WHEREAS, the approval of the development of four (4) deed
restricted dwelling units was conditioned upon the owner complying
with certain requirements, including entering into and executing a
Subdivision Agreement for the Property; and
WHEREAS, the Owner has submitted to the City for approval,
execution and recordation a plat for the property (the "Plat") and
the City agrees to approve, execute and record the Plat on the
agreement of the Owner 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 has imposed conditions and requirements in
connection with its approval, execution and acceptance of the Plat
and such matters as are necessary to protect, promote and enhance
the public health, safety and welfare; and
l
,
,~
Ii'
WHEREAS, under Section 7-904 and 7-1006 of Article 7, Chapter
24 of the Municipal Code of the City of Aspen (hereinafter "Land
Use Regulations"), the city is entitled to assurance that the
matters agreed to herein will be performed by the Lessor and its
successors or assigns; and -
WHEREAS, the Owner is willing to enter into such agreement
with the city and provide assurances to the city.
1
372029
8-755 P-338 07/13/94 11:23A PG 2
OF 31
WHEREAS, prior to entering into this Agreement, the City fully
considered the development applications filed by the Owner with
the city Planning Department and has reviewed the anticipated
benefits and burdens to neighboring or adjoining properties by
reason of this Project. Further, the City has considered the
requirements, terms and conditions of the Municipal Code of the
City of Aspen and such laws, rules and regulations as are
applicable: and
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 the Pro;ect: The project which the City
Council approved consists of a one lot subdivision containing a
four unit residential building. Each of the units will contain
three bedrooms and attached garages.
2. Acceotance of Plat. Prior to filing, the amended plat
shall be reviewed and approved by the Engineering and Planning
Departments. 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 of the Section 24-7-1004 of the Aspen
Municipal Code. The City agrees to accept the Plat for recording
and the Lessor shall file with the Pitkin County Clerk and Recorder
a Final Plat and Subdivision Improvements Agreement within 180 days
of final approval (July 14, 1993) or the approval is rendered
invalid.
3. Construction Schedule and Phasina: The city and the Owner
mutually acknowledge that an exact construction schedule cannot be
determined for the project at this time. However, it is
anticipated that construction of the project will begin during
Spring, 1994 with completion occurring within twelve (12) months
thereafter unless extended by mutual agreement of the parties.
4. parkina Requirements: Owner shall provide two onsite
parking spaces per dwelling unit in the project. The spaces shall
be located in the garages associated with each unit.
5. Dimensional Requirements: The dimensional requirements
applicable to the project shall be those of the Affordable Housing
Zone District, as follows:
The total floor area for the project shall not exceed 8,526
square feet.
The open space requirement for the project is established as
a minimum of 35% of the site as reviewed and approved by the
Aspen Planning and Zoning Commission.
2
372029
B-755 P-339 07/13/94 11:23A PEl 3
OF 31
Maximum height of the buildings shall be 25 feet as defined by
section 3, Chapter 24 of the Aspen Municipal Code.
6. Public Improvements and Landscapinq:
a. Special Improvements District: The Owner hereby agrees
to join any Special Improvement District formed to cover
the improvements not covered by the curb, gutter and
sidewalk to be installed at the time of construction.
b. Necessarv Public Improvements and Landscapinq: Attached
hereto as exhibit "B" is an itemization of the cost of
the following public improvements and landscaping,
prepared and paid for by the Owner:
(1) Sanitary Sewer system
(2) Water Supply System
(3) Sidewalk, curb and gutter
(4) Landscaping
c. utilitv Service Approval: Prior to issuance of a
building permit for the project, detailed plans shall be
issued to and reviewed by each of the utility providers.
7. utilitv Easements: utility easements as shown on the Plat
are hereby dedicated by the Owner for the benefit of the City and
public utility companies. The Plat shall contain a dedication by
the Owner to this effect.
8. Drainaqe: Prior to the 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
comply with requirements that historic runoff will be maintained,
and the drainage plan will accommodate street drainage where the
project reconfigures the pavement and adds curb and gutter.
9. Public Riqhts of Wav: The Owner shall obtain an excavation
permit from the Streets Department and design approval from the
Engineering Department for any work done in the public rights of
way.
10. Trees: The Owner shall obtain a tree removal permit prior
to issuance of a building permit for the project, and shall stake
and fence all existing trees that are not to be removed in order to
protect them from excavation and construction activities.
11. Access Aareement: Attached hereto as exhibit "c" is a
quitclaim deed terminating the Owner's interest in the nonexclusive
easement across lot Q, Block 33, East Aspen Addition to the
townsite of Aspen. Access to the project will be from Hopkins
Avenue and the public alley from Cleveland Avenue as shown on the
plat.
3
372029
8-755 P-340 07/13/94 11:23A PG 4
OF 31
12. Parkinq Mitiqation Durina Construction: Prior to issuance
of a building permit for the project, Owner shall submit to the
Planning Office a parking mitigation plan that addresses
construction activity on the site.
13. Deed Restrictions: The project is to be deed restricted as
Category 4 housing pursuant to applicable Aspen/Pitkin County
Housing Office Guidelines. Attached as exhibit "0" is an Occupancy
and Resale Master Deed Restriction, which shall be recorded prior
to issuance of a building permit for the project. Upon sale of each
unit, a Memorandum of Acceptance of the Master Deed Restriction
shall be executed and recorded by each unit buyer.
14. Material Representations: All material representations
made by the Owner on record to the city in accordance with the
approval of the project shall be binding upon the Owner, its
successors and assigns.
16. Enforcement: In the event the city determines the Owner is
not in substantial compliance with the terms of the Agreement or
the Final Plat, the City may serve a notice of noncompliance and
request that the deficiency be corrected within a period of forty
five (45) days. In the event the Owner believes that it is in
compliance or that the noncompliance is insubstantial, the Owner
may request a hearing before the city Council to determine whether
the alleged noncompliance 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 the 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 noncompliance with this agreement.
17. Notices: Notices to the parties shall be sent by U.S.
certified mail, return receipt requested, postage prepaid to the
addresses set forth below, or to any other addresses 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.
To the Owner:
Aspen/Pitkin County Housing Office
530 East Main Street, suite 001
Aspen, CO 81611
City Attorney
city of Aspen
130 South Galena Street
Aspen, CO 81611
To the City:
4
372029
B-755 P-341 07/13/94 11:23A PG 5
OF 31
18. Bindinq Affect: 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 and enure to the benefit of the Owner,
its successors and assigns and to the City, its successors and
assigns.
19. 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 was executed.
20. Severabilitv: If any of the provisions of this agreement
are determined to be invalid, it shall not affect the remaining
provisions hereof.
IN WITNESS HEREOF, the parties hereto have executed this
Subdivision Agreement the day and year first written above.
5
372029
B-755 P-342 07/13/94 11:23A PG 6
OF 31
ATTEST:
THE CITY OF ASPEN, COLORADO
a municipal corporation
city Clerk
By: Jo*=nne~~
ASP /PITRIN COUNTY HOUSING AUTHORITY
By:
M. Bake I Exec tive Director
APPROVED AS TO FORK
/~
/ ,,-,,/ It'~'
city torney
)
) ss:
),(~f~ ?:~<~,:' ." ,
instrument is hereby acknowledged before,me this
I 1994 by Jo~n Bennettas,~~~j~pd
as city Clerk of the CJ.ty of Aspen. ':;'" .<~/
COUNTY OF PITKIN
A.d The foreg ,
Lf:!!':L day 0 f
Katherine S. ch,
My commission expires:
witness my hand and seal.
"lY Commlu19n __ 9/27,.
rp.<(i.~)~' (f;A""1f'
No ary blJ.c
)
) ss:
COUNTY OF PITKIN )
C#--- The foregoing instrument is hereby acknowledged before me this
.24: day of ';::7(:; "'...... I 1994 by Thomas M. Baker as Executive
Director of the Aspen/Pitkin County Housing Authority.
STATE OF COLORADO
witness my hand and seal.
My commission expires: 1).1 Ii&
'..~""~.~'t',,~.,
... ,~"~ :;':'~',e~ / /"", ,
~"'\"""".".~'c,,,
lo"."-- .. -.,-.,.
;'.-' ll,l""'t."".. . <",r::;.
. -~.~. 1:n'
~^""-i' "_/- fh
':f;. . ~,,/!J, '~:"::'_ ~
-" T -
(.. L}j'.1 ~,.
,,';\
6
Jl Colorado First
III Construction Co.
June 22, 1994
Mr. Dave Tolen
Housing Authority of Aspen/Pitkin County
530 East Main Street
Aspen, CO 81611
Re: East Hopkins
Dear'paye:
Enclosed is the cost breakdown that you requested.
Water service
Sewer service
Sidewalks, cub & gutter
Landscaping
$1,440.
$1,792.
$5,328.
$14,176.
I hope that this is what you need. We are looking forward to starting this project.
Please do not hesitate to call if you have further questions or need additional information.
Sincerely,
~ ~;;J, ~_
~;" 1 ~~~'
~/.~", ~
~
Mike Cuthbertson
Vice President Preconstruction Services
372029
B-755 P-350 07/13/94 11:23A PG 14 OF 31
Drawer 1099 . 160 Highway 6 . Suite 204 FirstSank Center. Silverthorne, CO 80498 . (303) 468-6760 . FAX (303) 468-8488
MASTER DEED RESTRICTION OF
THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY'S
OCCUPANCY AND RESALE DEED RESTRICTION
AGREEMENT, AND COVENANT
THIS QCCUPANCY AND RESALE DEED RESTRICTION, AGREEMENT ,AND
COVENANT (the "Agreement") i$ made and ent;E:!red into this day
of ,19 ,by 1 (hereinafter referred
to as "Owner"), 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, Owner has purchased from the APCHA at a price of
S 2 , and owns as a result of that certain warranty deed
executed on the date hereof, an approximately 3 square foot
dwelling ("Dwelling") located on the real property more
specifically described in Exhibit "A" attached hereto and
incorporated herein. For purposes of this Agreement, the dwelling,
the real property and all appurtenances, improvements and fixtures
associated therewith shall hereinafter be referred to as the
"Property"; and
WHEREAS, as a condition of the sale to the Owner of the
Property, the Owner is required to enter into this Agreement; and
WHEREAS, Owner 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 4 income range
e$tablished and adopted by the APCHA from time to time in it's
Affordable Housing Guidelines. In addition, the Owner agrees that
this Agreement shall constitute a resale agreement setting forth
the maximum sale's price for which the Property may be sold
("Maximum Sale's Price"), the amount of appreciation and the terms
and provisions controlling the resale of the Property should Owner
desire to sell the Property at any time after the date of this
Agreement. Finally, by this Agreement, Owner agree$ to restrict
the Property il-gainst use and occupancy inconsistE:!nt with thi$
Agreement.
'TO be determined by a later recorded memorandum encumbering each individuaL lot.
2See Footnote 1.
3see Footnote 1.
372029
8-755 P-352 07/13/94 11:23A PG 16 OF 31
WHEREAS, "Qualified Buyers" are natural persons meeting the
income, residency and all other qualifications set forth in the
Aspen/Pitkin County Housing Authority Affordable Housing Guidelines
(hereinafter "the Affordable Housing Guidelines"), or its
substit1,lte, as adopted by the APCHA, or its successor, and in
effect at the time of the closing of the sale from Owner 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
a valid home occ1,lpation. A valid home occupation for the purposes
of this Agreement is permitted to the extent that it is not
inconsistent with the land use provisions of the Aspen Municipal
Code as in effect from time to time and subject to the applicable
licensing and taxation requirements of the City.
NOW, THEREFORE, for value
sufficiency of which is hereby
represents, covenants and agrees as
received, the
acknowledged,
follows:
receipt and
Owner 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 is a Qualified Buyer and, in connection with the
purchase of this Property, Owner agrees: a) to occupy the
Property as his or her sole place of residence during the time
that the Property is owned by the Owner; b) not to engage in
any business activity on or in the Property other than a valid
home occupation as allowed by the Aspen Municipal Code as in
effect from time to time; c) to sell or otherwise transfer the
Property only in accordance with this Agreement and the
Affordable Housing Guidelines; and d) not to permit any use or
occupancy of the Property 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. Owner hereby agrees
to notify the APCHA, in writing, of any notification
Owner receives 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 (5)
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
any of these services are available, and is entitled to
require the Owner to sell the Property to avoid the
-2-
372029
^~,/13/94 11:23A PG 17 OF 31
B-755 P-353 v -
commencement of any foreclosure proceeding against the
Property. In the event that the APCHA determines that
sale of the Property is necessary, Owner shall
immediately execute a standard Listing Contract on forms
approved by the Colorado Real Estate Commission with the
APCHA, providing for a 30-day listing period, At this
time, the Owner shall deposit with APCHA an amount equal
to one percent (1%) of the estimated value of the Unit.
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 exten-
sion does not conflict with the statutory rights of any
secured creditors. The APCHA shall promptly advertise
the Property for sale by competitive bid to Qualified
Buyers, At the time of closing, the Owner shall pay to
APCHA an additional one percent (1%), for a maximum fee
of two percent (2%) of the sales price. In the event of
a listing of the Property pursuant to this Paragraph 3,
the APCHA is entitled to require the Owner to accept the
highest of any qualified bids which satisfies the Owner'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, the APCHA shall have the right, 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 or the City, and their respective successors and
assigns, as applicable, by any appropriate legal action,
including but not limited to, specific performance,
-3-
372029
8-755 P-354 07/13/94 11:23A PG 18 OF 31
injunction, reversion, or eviction of non-complying owners
and/or occupants.
5. In the event that the Owner desires to sell the Property, the
Owner shall execute a standard Listing Contract on forms
approved by the Colorado Real Estate Commission with the APCHA
providing for a 180-day listing period, or such other time
period as required by the APCHA Affordable Housing Guidelines
in effect at time of listing. At this time, the Owner shall
deposit with APCHA an amount equal to one percent (1%) of the
estimated value of the Unit. The APCHA shall promptly
advertise the Property for sale by competitive bid to
Qualified Buyers. At the time of closing, the Owner shall pay
to APCHA an additional one percent (1%), for a maximum fee of
two percent (2%). If FNMA type financing is used, 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 be sold for an amount ("Maximum
Sale's Price") in excess of the lesser of:
a. $*(the owner's purchase price aoes 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:
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, THE CITY OR THE
COUNTY THAT ON SALE THE OWNER SHALL OBTAIN THE MAXIMUM SALE'S
PRICE.
372029
/
I -4-
I
I
'8-755 P-355 07/13/94 11:23A PG 19 OF 31
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, fifty percent
(50%) of the cost of Permitted Capital Improvements, as
defined in Exhibit "B", attached hereto and incorporated
herein, in a total amount not to exceed $** , which
is ten percent (10%) of the initial listed purchase price
set forth in paragraph 6a above. 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
costs expended by the Owner for the
Capital Improvements;
the actual
Permitted
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).
-5-
372029
8-755 P-356 07/13/94 11:23A PG 20 OF 31
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 anyor
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
Maximum 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 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 Owner and potential buyer to reach an agreement
regarding said terms, including but not limited to, the
closing date and financing contingencies. If, after the
negotiation period is over, the Owner and buyer have not
reached an agreement, the next bidder's offer will then be
presented to the Owner for consideration and a three (3)
business day negotiating period will begin again. The Owner
may reject any and all bids, however, the Owner is subject to
the provisions in the Affordable Housing Guidelines pertaining
to the listing fee. Bids in excess of the Maximum Sale's
Price shall be rejected. If all bids are below 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 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 shall immediately be listed for
sale as provided in Paragraph 5 above (including the payment
-6-
372029
B-755 P-357 07/13/94 11:23A PG 21 OF 31
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 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 JOJ.n in any sale,
conveyance or transfer of the Property 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; 2) rent all or any part of the Property, except
in strict compliance with Paragraph 15 hereof; 3) engage
in any other business activity on or in the Property; 4)
sell or otherwise transfer the Property except in
accordance with this Agreement and the Affordable Housing
Guidelines; or 5) sell or otherwise transfer the Property
for use in a trade or business.
c. The APCHA and the City, or their respective successors,
as applicable, shall have the right and option to
purchase the Property, exercisable within a period of
fifteen (15) calendar days after receipt of any notice
submitted to the APCHA by a Non-Qualified Transferee(s)
of its acquisition of the Property. In the event of
exercising their right and option, the APCHA or the City
shall purchase the Property from the Non-Qualified
Transferee (s) for 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 acquisition of the Property by the Non-Qualified
Transferee.
d, Where the provisions of this Paragraph 11 apply, the
APCHA may require the Owner to rent the Property in
accordance with the provisions of Paragraph 15, below.
OWNER RESIDENCE
12. Owner represents and warrants that the Property shall be and
is to be utilized only as the sole and exclusive place of
residence of an Owner.
13. Owner agrees that in the event Owner changes domicile or
ceases to utilize the Property as his sole and exclusive place
-7-
372029
B-755 P-358 07/13/94 11:23A PG 22 OF 31
of residence, the Property 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 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
in accordance with the provisions of Paragraph 15, below.
14, If at any time the Owner of the Property also owns any
interest alone or in conjunction with others in any developed
residential property or dwelling unit(s) located in Eagle,
Garfield, Gunnison or Pitkin Counties, Owner agrees to
immediately list said other property or unit for sale and to
sell Owner's interest in such property at a sales price
comparable to like units or properties in the area in which
the property or dwelling unit(s) 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.
RENTAL
15. Owner may not, except with prior written approval of the
APCHA, and subject to APCHA's conditions of approval, rent the
Property 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 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 subject 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,
-8-
372029
B-755 P-359 07/13/94 11:23A PG 23 OF 31
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 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 I S authorized representative, may inspect the
Property between the hours of 8:00 a.m. and 5:00 p.m., Monday
through Friday, after providing the Owner with no less than 24
hours' written notice.
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
-9-
372029
B-755 P-360 07/13/94 11:23A PG 24 OF 31
prevailing party shall be entitled to recover damages and
costs, including reasonable attorneys' fees.
21. In the event the Property 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, 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 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 as set forth in Paragraph 6a of this Agreement shall,
upon the date of such breach as determined by the 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,
FORECLOSURE
24. If FNMA-type financing is used to purchase the Property, as
determined by the APCHA, the APCHA and the City Council may,
pursuant to that certain Option to Purchase executed and
recorded of even date herewith, the terms of which are
incorporated in this Agreement by this reference as if fully
set forth herein, agree to release and waive their ability to
enforce the resale deed restrictions contained herein, in the
event of foreclosure, provided that said Option to Purchase
grants to the APCHA and the City, as the designee of the
APCHA, the option to acquire the Property within thirty (30)
days after the issuance of a public trustee's deed to the
holder (including assigns of the holder) of the promissory
note secured by a first deed of trust for an option price not
to exceed the redemption price on the last day of all
statutory redemption period(s) and any additional reasonable
costs incurred by the holder during the option period which
are directly related to the foreclosure.
In the event that APCHA or the City, as the designee of the
APCHA, exercise the option pursuant to the terms of that
certain Option to Purchase, described above, the APCHA and/or
-10-
372029
B-755 P-361
07/13/94 11:23A PG 2~ O~
- ... 31
its designee, may sell the Property to Qualified Buyers as
that term is defined herein, or rent the Property to qualified
tenants who meet the income, occupancy and all other
qualifications, established by the APCHA in its Affordable
Housing Guidelines until sale to a Qualified Buyer is
effected.
GENERAL PROVISIONS
25. Notices. Any notice, consent or approval which is required to
be given hereunder shall be given by mailing the same,
certified mail, return receipt requested, properly addressed
and with postage fully prepaid, to any address provided herein
or to any subsequent mailing address of the party as long as
prior written notice of the change of address has been given
to the other parties to this Agreement.
Said notices, consents and approvals shall be sent to the
parties hereto at the following addresses unless otherwise
notified in writing:
To Owner: **
To APCHA:
Executive Director
Aspen/Pitkin County Housing Authority
530 East Main Street, Lower Level
Aspen, Colorado 81611
26. Exhibits. Exhibits "A" and "B", attached hereto, are
incorporated herein and by this reference made a part hereof.
27. Severabilitv. Whenever possible, each provision of this
Agreement and any other related document shall be interpreted
in such a manner as to be valid under applicable law; but if
any provision of any of the foregoing shall be invalid or
prohibited under said applicable law, such provisions shall be
ineffective to the extent of such invalidity or prohibition
without invalidating the remaining provisions of such
document.
28. Choice of Law. This Agreement and each and every related
document is to be governed and construed in accordance with
the laws of the State of Colorado.
29.
Successors. Except as otherwise provided herein,
provisions and covenants contained herein shall inure to
be binding upon the heirs, successors and assigns of
parties,
the
and
the
-11-
372029
B-755 P-362 07/13/94 11:23A PG 26 OF 31
30. Section Headinqs. Paragraph or section headings within this
Agreement are inserted solely for convenience of reference,
and are not intended to, and shall not govern, limit or aid in
the construction of any terms or provisions contained herein.
31. Wai ver. No claim of waiver, consent or acquiescence with
respect to any provision of this Agreement shall be valid
against any party hereto except on the basis of a written
instrument executed by the parties to this Agreement.
However, the party for whose benefit a condition is inserted
herein shall have the unilateral right to waive such
condition.
32. Gender and Number. Whenever the context so requires herein,
the neuter gender shall include any or all genders and vice
versa and the use of the singular shall include the plural and
vice versa.
33. Personal Liabilitv. Owner agrees that he or she shall be
personally liable for any of the transactions contemplated
herein.
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, Notwi th-
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 identified at the beginning of this Agreement and
any other person or persons who shall acquire 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 his, 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.
-12-
372029
8-755 P-363 07/13/94 11:23A PG 27 OF 31
IN WITNESS WHEREOF, the parties hereto have executed this
instrument on the day and year above first written.
OWNER: **
By:
Name:
Title:
Mailing Address:
**To be determined by a later recorded memorandum encumbering each
individual lot,
DECLARATION BY THE ASPEN/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
By,:
Title:
STATE OF COLORADO
ss.
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this
day of , 19__, by
Witness my hand and official seal.
My commission expires:
Notary Public
clc:\word\saLes\mstr_apc.dr
-13-
372029
B-755 P-364 ()7/13/94 11 ?
. :~3A PG 28 OF 31
EXHIBIT "A"
Legal Description
East Hopkins Affordable Housing Subdivision according to the plat
thereof recorded in Book ,Page ,of the records of the Clerk
and Recorder's Office of Pitkin County, Colorado.
372029
B-755 P-365 07/13/94 11:23A PG 29 OF 31
-14-
EAST HOPKINS TOWNHOMES
EXHIBIT "B"
TO THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY'S
OCCUPANCY AND RESALE DEED RESTRICTION,
AGREEMENT, AND COVENANT
Permitted Capital Improvements
1 . The term "Permitted Capital Improvement" as used in the
Agreement shall only include the following:
a. Improvements or fixtures erected, installed or attached
as permanent, functional, non-decorative improvements to
real property, excluding repair, replacement and/or
maintenance improvements;
b. Improvements for energy and water conservation;
c. Improvements for the benefit
handicapped persons;
of
seniors
and/or
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; and/or
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 unit;
c, Jacuzzis, saunas, steam showers and other similar items;
d. Improvements required to repair, replace and maintain
existing fixtures, appliances, 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 Improvement items and costs shall be
approved by the APCHA staff prior to being added to the
Maximum Resale Price as defined herein.
372029
B-755 P-366 07/13/94 11:23A PG 3()
OF 31
,"," ('0""',:>;
......;1' .~'.';'.11-,f'..,.
... ....>....\
" ,'. " ", ~~, ':.
1'f1,,'I1' . 'r'....
., -G\....' {J,.',;:.."
&'~i~" .".'.., . ,,,,:
~':"l
.' '. "'.' . . " .' -' ". ..~'..,",.."..."~..
r,,'-,
'. ~- '4 _ '" I"
"""01111\\
IV U;U (TIt!
QUIT CLAIM DEED I
'!'HIS DEED, Made this ""30 day of May, 1994, between
Aspen/Pitkin County Housing Authority, a multi-jurisdictional
housing authority under the laws of the State of Colorado, of the
County of Pitkin and State of Colorado, Grantor; and A and S
Grossblatt Revocable Trust dated June 22, 1989, whose address is
630 North Crescent Drive, Beverly Hills, CA 90210; and Joan Getz,
283 Catalonia, Coral Gables, FL 33134, Grantees, as Tenants in
Common pursuant to the Condominium Declaration for the Ten Sixteen
East Hyman Condominium, recorded in Book 374 at page 325.
WITNESSE'!'H, That Grantor, for and in consideration of the sum
of One Dollar and no/100 ($1.00) the receipt and sufficiency of
which is hereby acknowledged, has remised, released, sold and QUIT
CLAIMED, and by these presents do remise, release, sell and QUIT
CLAIM unto Grantees, their heirs, successors and assigns forever,
all the right, title, interest, claim and demand which Grantor has
in and to the real property, together with improvements, if any,
situate, lying, and being in the County of Pitkin and State of
Colorado, described as follows:
Any and all right, title and interest of Grantor in and to a
non-exclusive easement and right-of-way over and across the
easterly fourteen (14) feet of Lot Q, Block 33, East Aspen Addition
to the Townsite of Aspen for the purpose of access to and from the
alley located in said Block 33 from and to Hyman Avenue, and as
shown on the Condominium Map of Ten Sixteen East Hyman
Condominiums, recorded at Plat Book 8, Page 31.
TO HAVE AND TO HOLD the same, together with all and singular
the appurtenances and privileges thereunto belonging or in anywise
thereunto appertaining, and all the estate, right, title, interest
and claim whatsoever, of Grantor either in law or equity, to the
only proper use, benefit and behoof of Grantees, their heirs and
assigns forever. The singular number shall include the plural, the
plural the singular, and the use of any gender shall be applicable
to all genders.
IN WITNESS WHEREOF, Grantor
on the date set forth above.
im Deed
David J. Myler Chairman
Aspen/Pitkin ounty Housing
Authority
STATE OF COLORADO
)
)
)
ss.
COUNTY OF PITKIN
?he foregoing instrwi;~ht ~~S.:acknowledged
30 day of Hl!L.. 1994 I?Y Davi~J. Myler.
WITNESS my hand and official seal.
My commission expires: 1/~)..-1(,
before me this
c:\wp51\apcha\qu1tclm.509
._-_...__.~--_..._.._"-~-,._-,._----~~----_.-
372029
B-755 P-367 07/13/94 11:23A PG 31 OF 31
%~
."~
m 1:..oJ
~-J
r IA
<0
~-I>
D-I>
o
D
<ttl
....,
en-J
tij
(0
"
,
....
':.oJ
"-1>
~
~ I~'
j...;co
Z,
....
no
0'
C-<l
Z-I>
-1
-<...
n:':"
r-l>
1110-
;UD
^
"
~G)
;U...
111
n
o
:uo
1:1"Tl
rrT
:U...
,. ;U
~~
8
o
r>Q
g"
June 13, 1994
Mr. Chuck Roth, P,E,
Page 2
Thank you for your consideration, please feel free to contact me if I may provide additional
information.
Very Truly Yours,
SCHMUESER GORDON MEYER INC.
w.~~
ay W. Hammond, P.E.
Principal, Aspen Office
JHllh 93137CA
cc: Dave Tolen, Aspen/Pitkin Housing Authority
~
(}~~
. {\O\ ~ \i- eI
0\~~~ ~~\~\\
SCHMUESER GORDON MEYER, INC.
~
,~
'.
.
illJmill~u
June 3, 1994
Mr. Chuck Roth, P,E,
CITY OF ASPEN ENGINEERING DEPT.
130 South Galena Street
Aspen, CO. 81611
RE: East Hopkins Affordable Housina Proiect. Drainaae Calculations and Final Plat
Dear Chuck:
Enclosed per your request are the calculations for the on-site drainage system at the East
Hopkins Affordable Housing project at 1017 East Hopkins Avenue in Aspen. We have, in fact,
oversized the proposed drywells somewhat in order to contain more drainage than is required.
This was done, in part, because of the difficulties of providing an overflow system at this site.
Soils are such that we do not anticipate any problem with recharge-from the proposed drywells.
I have also provided Mr, Dave Tolen of the Aspen/Pitkin Housing Authority two sets of mylar
originals of our portions of the plat drawings for the property. These plats were modified based
on your mark-up of the preliminary plats, which I have also returned to Dave, There were a
couple of items on the markup that are not included in the final mylars, specifically:
1. Installation of a drop inlet in the new curb line with connection to our on-site drywell. I
am very concerned about the idea of taking uncontrolled street drainage and routing it
into an on-site drywell for a small project on private property, The project is constructing
additional paved surface as well as curb, gutter and sidewalk within the right-of-way to
the benefit of and at no expense to the City and public. Drainage of the public rights-of-
way is, in our opinion, the responsibility of the City of Aspen and should not be routed
onto private property unless drainage facilities can be designed for such purpose and
easements granted to the City for access and continuing maintenance purposes. This
on-site drainage system for a relatively small project and site is not designed for receiving
flow from significant additional paved area and, as I mentioned above, lacks an overflow
system in the event of any overcharge. This does not create a concern when draining
the project itself and has been sized accordingly but could be a substantial problem if
flows are to be accommodated from a large portion of the public rightcof-way. The
configuration of the adjacent street could serve to route drainage from paved areas
beyond the extent of the new surfaces constructed by the project. I would strongly resist
the suggestion that public drainage be routed into the project site.
2, The 25 foot separation between the two driveway cuts onto East Hopkins, The project
design and locations of the garage entries simply do not allow a 25 foot separation,
Combining the drives into one curb cut creates an unworkable condition for maneuvering
into the garage entries. It is within the purview of the City Engineer to vary these
requirements under City of Aspen Code Section 19-102 and we request that you do so
in this case.
~
~,
.
June 3, 1994
Mr. Chuck Roth, P.E.
Page 2
Thank you for your consideration, please feel free to contact me if I may provide additional
information.
Very Truly Yours,
SCHMUESER GORDON MEYER INC.
Jay W. Hammond, P.E.
Principal, Aspen Office
wrlli~~u
JHlJh 93137CA
cc.'. Do--v\1... \O\~
" ' 4. J-/.qL/ --I ',', I') ': : I' ',' 1 : 1 ::
, :. ',' , '
':' :, i: ,: Ii: : i ::
",',' i: c:.il'\ ' ^r:, nL", JI _'Ai' : , ',: ': :,: IT
"""") ", '^"~('''' ~,,\!'l,~\ oA: : ' :\ I :: -:' ,) : ' :', :
,I i, It , I i I : Ii:: : I : 1
, i ~I.. ..,.'~ t. ,\ '1-L,\.;,... : : I' " ':
: :\' ' :," ::,:,:1 " ":' [I ,,:, [
, 1 (.')- ~ A' 1 :' ' : [ i, 'i:,
, (': ('7: c:' / r:. , I \"/\> A ..N \\1,: i ::
1 : E. ': '- II i./:,' 'I' I
, ,..- " ,j 'Z' ,:'" h, 0(') \1(" ,.hi..,~l '^ -;, I:: 1 :
: ':;,1',;1-7 ,.....1 ('L h~ I , ': :', : " ,
, I A ' - [q,.,orl 1, r I:' i::: ' :
, ,I " ':, " ,
. ' " ," , :' :',
: : , ,6 ~I 'Z<"" ('...,. - h ~,~\ (, ,,/'\t\ r... ~ \: · ,,',' ," I
",""', ii, [ ~,'.it..., \. ., <t" './. :.II,,~ ....., '.,., Q I ~,o ~ : II, "',... ::..' 10- {b, ~1< 1'+ s-
, I :'. I: : I
, ,rt ,-'("nJe~-. : : : (', I "fjlnT "1. I' ....lknUQJ'
-, , ' . ',~ I.lJ..T.; I I t'l,H.: . ,if...% sf I) LJq' i
" , -'. j (,' \' () . "1"/ 4."" "') -7 '" , : '1 ('), 1
II ' ') I J~/.L ~ 1'17<'; -.';/,'" hi, :0')1,':
': ,:11' :: i' 'I 1-:, \{')-T:1.ci I
, 0 -:l /-:1 (.\ · / .,[,. c" .(' I.' ~'\ ( q f'1('j ~ +- ~ '\ :'- 1 1 ", ' ,:
, ""," ['(;/,"', A :1 ~: \-:. _ci"'c~.c~ L ,;'" ..\~~ .,. i:J1/~II;' f..:3
, ::'! " , ':'. Ii' 1
: \./_JrT = :iJl!^':i'YLif.'-nln<;>,~I[)1 ::7':1Q;>"Z.tJ-'s: :
: ' : ' , hT ~ (~.:. : " '-.~ ~,' ',1\[ i, I,'
" :, '" ;'l'.... "0 II "I . Q ~ I lJ",.~ 'l :d ,..-'11>, : : ' : :
: ,I' ,T ,I' I, ~ .. . \ . · 1 " I..:
: :' ,:.'.: I :: I : '
,I ' : 1 ,,:.
: : [. "
.-,
, :. : .
, I : : , : ' : " ' "_
I : , ' , , " : i
ill I:
: : ' ) , I . ,[ , : Ii
,
i "'.'
,-,
SCHMUESER GORDOPi ,.-lEVER, INC.
118 W. 6th St. Suite 200 P.O. 60x 2155
Glenwood Springs. CO 81601 Aspen. CO 81612
(303) 945.1004 (303) 925.6727
FAX (303) 945.5948 FAX (303) 925-4157
JOB t::a",{. ~'-':::iV\"'"
SHEET NO. \
1\,+-\.
CALCULATED BY
4
OF
DATE 'f-<./-44
CHECKED BY
DATE
SCALE
, ,
, : , , ,
" i " " I : , :
,
1 1 I , : ) I
, , , , , PROOIJCT20401 (_Sbeetsl2(6.1 (PIdaed}/IW!IBI.iIlc"GrOl(Nl,Mass, 01471. ToOfderPllOo'lETOllfllEE HOO-22S.0380
,'-"
,,-,
~
'PUBLIC NOTICE
RE: EAST HOPKINS AFFORDABLE HOUSING DEVELOPMENT MAP AMENDMENT,
GMQS EXEMPTION, SUBDIVISION, STREAM MARGIN REVIEW,
CONDOMINIUMIZATION, SPECIAL REVIEW AND VESTED RIGHTS
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Monday, January 10, 1993 at a meeting to begin at 5:00 pm before
the Aspen City Council, City Council Chambers, city Hall, 130 S.
Galena, Aspen to consider an application submitted by the
Aspen/Pitkin county Housing Office, 530 E. Main st., Aspen, CO,
requesting approval of a map amendment to rezone to Affordable
Housing (AH), GMQS exemption, sUbdivision, stream margin review,
condominiumization, special review for parking and open space, and
vested rights. The applicants propose four 100% deed restricted
employee dwelling units. The property is located at 1017 E.
Hopkins; Lots F, G & H, Block 33, East Aspen Addition, and ,Lot 5,
Block 5, Riverside Addition. For further information, contact Kim
Johnson at the Aspen/Pitkin Planning Office, 130 s. Galena st.,
Aspen, CO 920-5100.
a/John Bennett, Mavor
Aspen City Council
Published in the Aspen Times on December 24, 1993
------------~----------------------------------------------------
-----------------------------------------------------------------
City of Aspen Account
-
~ {"b ~~
/ 2-/'7/ Oz 3
<iN
^
,....",
..~.. .. ".-P.iiiIui:;..m..'2 " "
:'~.'
N . IlJ.", .~I.lmlt'I:O:=li~:"l. SO! !f,U;M,
"'EU~\"Ir-.Mo. C:(.I;'I;Ll().\n"'ll'~17~~!,If1I(,
.ft!.;-\U:Y.'A.o,,;!)\'1-~5'1T..1) i~ltiH'rs .
f:~'i: t1r.R~'!i" (.m'~:'<i thILl',"'~.Ibh, beaw-
." :. 'l'lt'MO'! "'lulld",y.J.ll\Ujl~' W."!I~,at
.' 'tUnA \l) heK'r. ,n :,.:,IU"'p.1lI 1'f!Ic,re',fhe
~ t~I~Y ':4l1mc:!J, Clt~ '(""II:!dl Cil.~IIIbirt:...:
','~II.::Vj~.Glt.itlll,\:A~pt!r..:.ol"J;Ii'lIr.eI;llQ
'~~fl)il :<lll,)n:lt'llod h, ;.1.:(' '\.~i)t'" i'_re' ,
J.' '1!~)I.d'IH,.pICQ.l f13'II:.:Milin ~~:. "'nr.
'. 1L:',~~~I:'a',i!pp:'l)\"a, of .I..r.mp .ll'I:ll;'l(~,',
, Ir.,' I(~ ...U!l.t,I"J:,lrl HOli:/oI11_~, :..~m. ~
'" "'w,n slJbdl\1~lml. l:Iol~~'m In"f;.'.r. !'c&w.' ,
" ':"h;l.Jl::ll::ilII(mlollll"C:;~\!'l'f'\'I(!""~()rlli~,.
. ". iU:H':.'!lpo1~:(.', ,JJ1t! \lti.IC~ 1'~I!t!; 11m-',
'.l:oIIY* "roplJoH' fOI!; 11I,:-::', cf~tld rl!!.I.I~~
~~:l'(' dlo.f'lhnfi l'mhl:Th~~'PI7OI'pr,y,lr, kW'.a\'-.
,,~i'jiOi-;C Hcpklns'.l..ol"F.G&H B:433.,
. '~1'~J11'~1 Addil")II, ,,::d I~ :i. ~:rll~~ ~::. Rk....
".addlt\l1ftlll()<, fnr !!Irllll'r ml/lrllljltl(ll:, (;UIthc:f
:~tlfllYf\CII! ~'E rh~ .""per! rltkln P!,,:"'ne '
~~. t:,Ij,,:: r...liton.\':'t..,\sPl"l1,C() :;~"".-, '
-""~'JVtal1.4;~~ ,',
':.t":.~~!J.!lf~_-:,-.,-.:.:._~,
MEMORANDUM
TO:
Mayor and council
FROM:
Amy Margerum, City Manager
Leslie Lamont, Senior Plann~
:?~;r=U 1. k. 4jtto/t:1t';;::...t ..:J.;.~
East Hopkins Affordable Housing Project - Rezoning to AH f~
(Affordable Housing), Subdivision, GMQS Exemption for .I,
Affordable Housing, and Vested Rights'- Second Reading ~)
of Ordinance 60, Series 1993
THRU:
THRU:
DATE:
RE:
SUMMARY: The Planning and Zoning Commission forwards a
recommendation to approve the East Hopkins Affordable Housing
Project subject to 11 conditions.
First reading .of Ordinance 60 was approved b;Y a 4-0 vote on
November 8, 1993.
Sii).qef;irstreadillg, ,,?rdinance 60 has been amended to ,delete
c,ondp'lII;inillm,<lEpr9:val~~citY,C9:tl"lCH_. This was done because
Council approved a code amendment OnNov~~r 8, 1993 (Ordinance
53) which <lllowed condominiumiz<ltion as a eJ;',!-a"loil1gO;irector
approval.
BACKGROUND: The Applic,ant is the Aspen/Pitkin County Housing
Office. The 9,000 s. f. site is located on East Hopkins Ave.
between Cleveland st. and the Roaring Fork River. The proposal is
to develop the parcel into four (4) deed restricted townhomes (sale
units). Access for four units will be divided so that two units
have garages off of East Hopkins Street and two units have garages
off of the alley abutting the parcel on the south.
The affordable units will be 3 bedrooms for a total of 12 bedrooms
on the site. The complete application booklet is attached for your
reference.
PROCESS: The 2 step SUbdivision/Rezoning review process including
associated reviews is as follows:
Step 1 - P&Z
Rezoning recommendation, public hearing;
Subdivision recommendation, public hearing;
GMQS Exemptions for Affordable Housing
recommendation; Special Reviews for parking
and open space, stream margin review, one step.
(October 5, 1993)
1
,
1""".,
1-'\
~
PUBLIC NOTICE
RE: EAST HOPKINS AFFORDABLE HOUSING DEVELOPMENT MAP AMENDMENT,
GMQS EXEMPTION, SUBDIVISION, STREAM MARGIN REVIEW,
CONDOMINIUMIZATION, SPECIAL REVIEW AND VESTED RIGHTS
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Monday, December 6, 1993 at a meeting to begin at 5:00 pm before
the Aspen City Council, City Council Chambers, city Hall, 130 S.
Galena, Aspen to consider an application submitted by the
Aspen/Pitkin County Housing Office, 530 E.Main st., Aspen, CO,
requesting approval of a map amendme,nt to rezone to Affordable
Housing (AH) , GMQS exemption, subdivision, stream margin review,
condominiumization, special review for parking and open space, and
vested rights. The applicants propose four 100% deed restricted
employee dwelling units. The property is located at 1017 E.
Hopkins; Lots F, G & H, Block 33, East Aspen Addition, and Lot 5,
Block 5, Riverside Addition. For further information, contact Kim
Johnson at the Aspen/Pitkin Planning Office, 130 S. Galena St. "
Aspen, CO 920-5100.
stJohn Bennett, Mavor
Aspen City council
Published in the Aspen Times on November 19, 1993
==========================================================~======
city of Aspen Account
Wvo h pM-( 1~
1/115h3
_':._-4
-.
~
mf ~~)tJ;c. .~; ~
MEMORANDUM tf
TO:
Mayor and Council
THRU:
Amy Margerum, city Manager
Diane Moore, City Planning Director~
Kim Johnson, Planner
THRU:
FROM:
DATE:
November 8, 1993
RE:
East Hopkins Affordable Housing Project - Rezpning to AH
(Affordable Housing), Subdivision, condominiumization,
GMQS Exemption for Affordable{~~using, and Vested Rights
- First Reading of Ordinance \b'd' series 1993
SUMMARY: The Planning and Zoning commission forwards a
recommenda.tion to approve the East Hopkins Affordable Housing
Project subject to 11 conditions. '
BACKGROUND: The Applicant is the Aspen/Pitkin County Housing
Office. The9,OG{):s.f'; ,sit;e is located on East Hopkins Ave.
between Cleveland st. and the Roaring Fork River. The proposal is
to develop the parcel into four (4l(jceE!d rE!strict;ed towIJ.homes (salE!
units). Access for four units will be divided so that two units
have garages off of East Hopkins Street and two units have garages
off of the alley abutting the parcel on the south.
The affordable units will be,3bedrooms fora total of 12 bedrooms
on the site. The complete application booklet is attached for your
reference.
PROCESS: The 2 step SUbdivision/Rezoning review process including
associated reviews is as follows:
step 1 - P&Z
Rezoning recommendation, publ ic hear ing;
subdivision recommendation, public hearing;
GMQS Exemptions for Affordable Housing
recommendation; Special Reviews for parking
and open space, stream margin review, one step.
(qctober ' 5 , 199,;3,)
step 2 - Council
R.ezcming, public hearing; SUbdiVision;
Condpminium,izatipn; GMQS Exemption for
Affordable Housing Units; Vested Rights; two
readings of ordinance.
In addition to the formal review process, the Housing Office held
three meetings with neighbors of the project and three meetings
with the Housing Board before the application was formalized and
1
("""'\
,,-,,
submitted to 'the city. Valuable dialogue on neighborhood
conditions, interests, impacts, and design goal.s were obtained
through this outreach process.
CURRENT ISSUES;
vQezonind{ Rezoning to AH from R/MF (Residential/Multi-family) is
being pursued in order to reinforce the aff~rdable housing
objective for this property. No added benefits or variances are
being sought for this development. Staff has attached the rezoning
review criteria required by Section 24-7-1102 as Exhibit "A". In
summary, staff and the Planning Commission believe that the
proposedrezonin9" toAH meets, tb;epurpPpe.sestabliphed fe>:r;'tb;e, AH
zone district and is also in conformance with the rezoning
criteria.
\,(Sl1bdivislon: Pursuant to Section 24-7-1004 of the Aspen Municipal
Code, a' multi-family structure requires subdivision review and
shall comply with the following general requirements. The
technical aspects o:Ethe sUbdivision review are attached as Exhibit
liB". In summary ,st,a:E:E:Eind'$tMt,j;:nepropo,sedSubdivis ipl1meets
the requirementspf tb;ecQde.
Ceneral Requirements.
The proposed subdivision shall be consistent with the Aspen
Area Comprehensive Plan.
response: The proposed sUbdivision is
development and housing goals adopted
Community Plan adopted in early 1993;
a.
consistent with
within the Aspen
the
Area
b. The proposed subdivision shall be consistent with the
character of existing land uses in the area.
response: The townhome configuration 'is consistent with the
surrounding RM-F zoning and predominance of multi-family structures
along E. Hopkins. An earlier site design which presented three
duplex structures was ruled unfavorable by neighbors who preferred
one consolidated structure.
c. ,The proposed subdivision shall not adversely affect the future
development of surrounding areas.
response: There are still a few developable parcels in the direct
vicinity, including the large 5 lot tract directly west of the
subject property. The proposal will not affect these future
developments. '
d. The proposed subdivision shall be in compliance with all
applicable requirements of this chapter.
response: The proposal is following through with all required land
use and technical approvals. All conditions of approval must be
2
t"""\
t"""\
addressed before recordation of development documents of prior to
issuance of building permits, whichever is applicable.
",iiElMQS Exel!tptionfcirAffcirdable Housing in an AH (Affordable Housing)
Zone District:
Pursuant to ,section 8-104 C.1(C) the Council shall exempt deed
restricted housing that is provided in accordance with the housing
guidelines. The Commission shall review and make a recommendation
to Council regarding the housing package. According to the Code,
the review of any request for e~emption of housing pursuant to this
section shall include a determination of the city's need for such
housing, considering the propciseddevelopment's compliance with an
adopted housing plan, t,he number o,f dwelling units proposed and
their location, the type of dwelling units proposed, specificallY
regarding the number of bedrooms in each unit, the size of the
dwelling unit, the rentallsale mix of the proposed development, and
the proposed price categories to, which the dwelling units are to
be deed restricted.
Response: , The lio~singOfficeand Planning staff have been involved
in thr~eneigh1qgrhood>"!Ile~tings and three HOlllsi1'lg~oardl.tle,etings to
arrive at thetnree ,bedroomc9l'lfigj.lrat,iOll:<l,n<i<ca,tegory 4deeq
restriction for the units. Please refer to the application package
for the floorplans of the individual units. They will be family-
oriented sales units, which relievedJ!oears from the neighborhood.
Staff gathered a group from the PPRG (Public projects Review Group)
to comment on the proposal. At the time of the review, the
architect had not made final exterior design decisions so the PPRG
comments basically directed the designers to heed the "Neighborhood
Guidelines" for this area (which are still in draft form). The
Planning Commission seemed pleased with the architectural details
presented to them.
"yp~iCondciminiumization: The Applicant seeks approval to condominiumize
'~, the multi-family building in anticipation of selling the units.
Pursuant to section 7-1007 {which is in effect as of the writing
of this memo)condominiumization shall be approved by City Council.
Because this project is not built yet, there are no existing
tenants to offer first options, to buy. If rented, the units must
be restricted to 6 month minimum leases because of the APCHA deed
restriction requirements. The units are exempt from affordable
housing impact fees because they themselves will be deed restricted
prior to construction. If the land use regulations change prior
to the approval of this project, this project will be subject to
the new regulations.
3
~
,~
~stedMBiClh;t:s;The applicant has also requested vested rights for
the proposed, project pursuant to section 24-6-207 of the Municipal
Code. This provides vested status for a site development plan for
a period of three years upon approval by ordinance. Vestedrights
approval by Council is non-discretionary.
REFERRAL COMMENTS: Please refer to Exhibit "Cn for complete
referral memos from Engineering, Fire Marshal, Sanitation District,
Environmental Health,Streets, and Parks departments.
PLANNING COMMISSION DISCUSSION: At the october 5, 1993 P&Z' m<aeting
neigh~orhood comments focused on the substandard pavement widths
of E.Hopkins Avenue and the parking problem which this causes,
especially in winter. It was recognized that this project was
doing its part to widen the pavement and add curb, gutter and
sidewalk for the benefit of all, and could provide the impetus for
the rest of the block to form an improvement district to complete
the project.
The Commission voted 6-0 to forward a recommendation to approve the.
Rezoning, Subdivision, andGMQS Exemption. In addition, the
Commission voted 6-0 to approve Stream Margin review and Special
Review for parking and open space on the parcel.
FINANCIAL IMPLICATIONS: No apparent. illlPacts to
expected. The project will be making improvements
Avenue within the budget for this project.
the City are
to E. Hopkins
RECOMMENDATION: The Planning and Zoning commission recommends
approval of the East Hopkins Affordable Housing Project with the
following conditions:
1.
The applicant shall consult the
considerations for development in
are required from the Streets
including landscaping, within the
City Engineer for design
the right-of-way. Permits
Department for any work,
right-of-way.
2. Prior to recordation of the Subdivision Improvements
Agreement, Final PUD Plan and SUbdivision Plat, the Master
Deed Restriction for the deed restricted townhomes and lot
shall be recorded with the County Clerk. Prior to sale of any
deed restricted property, the buyer shall execute a Memorandum
of Acceptance of the deed restriction.
3. A tree removal permit is required prior to issuance of any
excavation or building permits.
4. Prior the issuance of any building permits, the applicant must
submit to and receive approval by Engineering of a storm
drainage plan.
4
ri
t",
5. The Final Plat and site plan for building pemit must include
trash storage locations, a 4'x4' utility pedestal easement
adjacent to the alley, final design of any features located
in the public right-of-way (eg. sidewalk, curbjgutte~,
driveways), and final design of alley access. .
6. Prior to the sign-off by Engineering on the Final Plat, a new
alley access agreement signed by all parties and beneficiaries
of the original aCcess agreement' must be executed. This
access agreement should also be outlined within the
Subdivision Agreement. The Fire Marshal shall approve any
alley improvements for emergency access requirements. The new
agreement shall be indicated on the condominium plat.
7. street drainage must be accommodated where the project
reconfigures the pavement and adds curb and gutter.
8. The Final PUDDevelopment Plan, Subdivision Agreement and Plat
shall be recorded in the office of the Pitkin County Clerk and
Recorder. Failure on the part of the applicant to record the
Plat within a period of one hundred and eighty (180) days
following approval by the, City Council may render the Plat
invalid.
9. All material representations made by the applicant within the
application, at hearings before.. the Planning and Zoning
commission or the City Council shall be adhe~ed to and
considered conditions of approval unless otherwise amended by
other conditions.
10. The developer shall" agree to join any improvement districts
formed to cover improvements not covered by their sidewalk,
curb and gutter improvements.
11. The applicant shall develop a mitigation plan to address
parking impacts due to construction activity on the site.
This plan shall be finalized prior to the issuance of the
building permit.
ALTERNATIVES: City council could choose not to support rezoning
to AH. The Council could also require different densities or deed
restrictions.
PROPOSED MOTION: "I move to read Ordinance _, series of 1993."
"1 move to approve at first reading Ordinance_, series 1993 for
the East Cooper Affordable Housing project Rezoning from R-MF
(ResidentialjMul ti-Family) to AH (Affordable Housing) , SUbdivision,
Condominiumization, GMQS Exemption for Affordable Housing, and
Vested Rights with the 11 conditions as recommended by the Planning
and Zoning Commission."
5
~.
~
MEMORANDUM
TO:
Kim Johnson, Planning
FROM:
Mary Lackner, Neighborhood Advisory committee Staff
RE:
East Hopkins Affordable Housing Development Rezoning,
GMQS Exemption, Subdivision, stream Margin Review,
Condominiumization and Special Review
DATE:
November 2, 1993
-------------------------------------------------------------~---
-----------------------------------------------------------------
I have reviewed this application and would like to forward the
following comments:
1. The sidewalk width and alignment meets the guidelines
established in the Pedestrian and Bikeway Plan.
2. The single family residence to the east (Arundale) does not
have a sidewalk agreement with the City, therefore the eastern
portion of the new sidewalk should access the street.
1"""\
.t""'\,
,
MEMORANDUM
TO:
planning and Zoning Commission
FROM:
Kim Johnson, 'Planner
East Hopkins Affordable Housing Project - Rezoning to AH
(Affordable Housing), subdivision and Condominiumization,
GMQS Exemption for Affordable and Free Market Housing,
stream Margin Review, Special Reviews for open Space and
Parking, and Vested Rights (public hearing)
October 5, 1993
RE:
DATE:
=============--== .. ==========================----==============
SUMMARY: ~he Planning Office recommends approval of rezoning to
AH, subdivision and the associated reviews with conditions.
..
APPLICANT: The Aspen/Pitkin Housing Office, represented by Dave
Tolen.
LOCA'1'J:ON: The 9,000 s.f. parcel is located at 1017 E. Hopkins
(LOts F,G,and H, East Aspen Addition, cmd Lot 5 Block 5 of the
Riverside Addition). The property currently contains a vacant
single family structure which will be demolished. Please refer to
the application booklet for the neighborhood map and existing
conditions map.
ZONING: The current zoning of the parcel (as well as the
surrounding neighborhood) 'is R/MF Residential Multi-Family. The
requested zoning is AH (Affordable Housing).
APPLICANT's PROPOSAL: The development will contain a four-plex
structure with two units accessing from E. Hopkins and two units
accessing from the alley between E. Hopkins and E. Hyman. Total
FAR on the site will be 8,550 s.f., or .95:1 Open space per the
code definition will be 36%, or 3,270 s.f.. The three-bedroom
units will be family oriented sales units, deed restricted to
Category 4. A two garage will be provided for each unit. The
dimensional statistics of the project are located on pages 5-6 of
the application booklet.
PROCESS: Because of the relative simplicity of the development
and the extensive neighborhood input on this project to date, the
process~or review will be two steps:
Step 1 - P&Z
Rezoning to AH, Subdivision, and GMQS Exemption
for Affordable Housing as recommendations to
City Council; final decision on stre~ Margin
review and Special Reviews for parking and open
space. (public hearing)
1
/..........\
"~
step 2 - Council
Final decision on Rezoning to AH, Subdivision
and Condominiumization,' GMQS Exemption, and
Vested Rights. (public hearing)
The Public project Review Group (PPRG) will also meet prior to P&Z
to formulate some architectural standards to help ensure an
attractive development compatible with the surrounding
neighborhood.
REFERRAL COMMENTS: The Planning Office received referral comments
from the following departments. Complete, referral memos are
attached as Exhibit, "A" with summaries as follows:
Enaineerinq:
1) Prior the issuance of any building permits, the applicant must
submit to and receive approval by Engineering of a storm drainage
plan.
,2) The Final" Plat and site plan for building permit must include
trash ,storage locations, a 4' x4' utility pedestal easement adjacent
to the alley, final design of any features located in the public
right-of-way (eg. sidewalk, curb/gutter, driveways), and final
design of alley access.
3) Prior to the issuance of any building permits or the sign-off
by Engirteeringon the Final Plat (Whichever comes first), a new
alley access agreement signed by all parties and beneficiaries of
the original access agreement must be executed. The new agreement
shall be indicated on' the condominium plat.
4) Street drainage must be accommodated where the project
reconfigures the pavement and adds curb and gutter.
5) The proposed parking plan satisfies Engineering.
Fire Marshall: Snow removal problems and vehicle congestion in that,
neighborhood have been a concern in the past for emergency
response.
Parks:
1) A final landscape plan needs to be submitted to Parks ,no less
than three weeks prior to submission of final plat mylars in order
to allow adequate review time by Parks staff.
2) Prior to issuance of any building permits, tree removal permits
are required for all trees ,over six inches caliper, measured 4.5'
above grade.
Sanitation District:
1) Adequate collection and treatment capacity serve this proposed
development.
2
~
~
2) A new 6" s~rvice line may be required to replace the existing
4" pipe.
3) A shared service agreement must be executed and all applicable
connection charges must be paid prior to actual connection onto the
system.
Environmental Health: No apparent concerns.
streets: It appears that street conditions and snow removal
concerns have, been addressed with this application. The condo
association will "be responsible for clearing plowed snow in front
of the project - it cannot be pushed back into the street.
-~---------------------------
STAFF COMMENTS: "
Resoninq from R-1S (POO) to AX (Affordable HousincU (POO):
The criteria for: rezoning contained in section 7-1101 of the land
use regulations is attached as Exhibit "B".
In summary, this proposal fully complies with the housing goals set
forth in the Aspen Area Community Plan as well as the purposes and
goals of the AH Affordable Housing Zone diistrict. BaSed on
application of the review criteria, staff recommends rezoning the
East Hopkins parcel to AH (Affordable Housing) concurrent with
approval of Final Subdivision, GMQS Exemption, and the associated
reviews.
--------------------------------
SUBDIVISION: Pursuant to Section 24-7-1004 of the Aspen Municipal
Code, a development application for subdivision review shal.! comply
with the following general requirements. The technical aspects of
the subdivision review are attached as Exhibit "D". In summary,
staff finds that the proposed sUbdivision meets the requirements
of the code as they specifically apply to multi-family dwellings.
General Requirements.
a. The proposed subdivision shall be consistent with the Aspen
Area Comprehensive Plan.
resoonse: The proposed subdivision is ,consistent with the
development and housing goals adopted within the Aspen Area
Community Plan adopted in early 1993.
b. The proposed subdivision shall be consistent with the
character of existing land uses in the area.
response: The townhome configuration is consistent with the
surrounding RM-F zoning and predominance of multi-family structures
along E. Hopkins. An earlier site design including three duplex
3
,,",
~.
structures was ruled unfavorable by n8ighbors who preferred one
consolidated structure.
c. The proposed subdivision shall not adversely affect ,the future
development of surrounding areas.
response: There are still a few developable parcels in the direct
vicinity, including the large 5 lot tract directly west of the
subject property. The proposal will not affect these future
developments.
d. The proposed subdivision shall be in compliance with all'
applicable requirements of this chapter.
response: The proposal is following through with all required land
use and technical approvals. All conditions of approval must be
addressed before recordation of development documents of prior to
issuance of building permits, whichever is applicable.
G:I{QS EXEMPTiON FOR AFFORDABLE HOUSiNG iN AN AH (AFFORDABIiE HOUSiNG)
ZONE DiSTRiCT: '
Pursuant to Section 8-104 C.1(c) the Council shall exempt deed
restricted housing that is provided in accordance with the housing
guidelines. The Commission shailreview and make a recommendation
to council regarding the housing package., According to the Code,
the review of any request for exemption of housing ,pursuant to this
section shall include a determination of the city's need for such
housing, considering the proposed development's compliance with an
adopted housing plan, the number of dwelling units proposed and
their location, the type of dwelling units proposed, specifically
regarding the number of bedrooms in each unit, the size of the
dwelling unit, the rental/sale mix of the proposed development, and
the proposed price categories to which the dwelling units are to
be deed restricted.
Response: The Housing Office and Planning staff have been involved
in three neighborhood meetings and three Housing Board meetings to
arrive at the three bedroom configuration and Category 4 deed
restriction for the units. They will be family-oriented sales
units, which relieved fears from the neighborhood that the units
will be over-crowded "crash pads".
SPECiAL REViEW FOR OPEN SPACE AND PARKiNG iN AN AH' (AFFORDABLE
HOUSiNG) ZONE DiSTRiCT: Whenever the dimensiol;lal requirements of
a proposed development are subj ect to Special Review" the
development application shall only be approved if the fOllowing
conditions are met.
sections 7-404.A.1 and 2: (open snace)
1. The mass, height, density, configuration, amount of open
4
l-":
~
space, landscaping and setbacks of the proposed development
are designed in a manner whicb is compatible with or enhances
the character of surrounding land uses and is consistent with
the purposes of the underlying Zone District.
response: Overall open space on the site is listed as 36%, most
of which is side yard areas. The site plan shows a substantial
side yard on the east and limited side yard on the west. The
difficulty for garage access caused by the steep slope on E.
Hopkins does not allow for more luxurious front yard open space.
Small corner yards are available to the alley' facing units.
Proposed heights and setbacks meet or exceed those required by the
AH zone district without Special Review approval. Density of the
,proposal is well under that allowed by zoning. Please refer to
paqes 5-6 of the application for development data.
A final landscaping plan is required for Parks Department's sign
off prior to approval of a final plat. Several large evergreens
will be lost during redevelopment, but the row of trees on the
eastern portion of the site will be saved as well as two smaller
trees on the southwest corner. 'Because of limited flat open area
on tliesite, Planning recommends that much of the remaining areas
be left open for individual gardening spaces or lawns as determined
by,the future owners.
The, E. Hopkins elevations of the townhome buildings are well
articulated to provide visual interest and lessen the bulk of the
structures. The alley units present a more monolithic facade at
this time. Side elevations are well punctuated with windows and
porch overhangs. Final materials sections, colors and other
details will be made with assistance from thePPRG.
2. The applicant demonstrates that the proposed development will
not have adverse impacts on surrounding uses or will mitigate
those impacts, inclUding but not limited to the effects of
shading, excess traffic, availability of parking in the
neighborhood or blocking of a designated viewplane.
response: There are no viewplane impacts with, this proposal. The
street condition and parking problem on E. Hopkins will be improved
by the widening and curb/gutter installation. The streets
Department Director commented that the condo association must be
responsible for removing snow plowed from the street. Property
owners are already required by law to keep sidewalks cleared of
snow during the winter. The townhomes comply with the parking
requirement for the AHzone (not to exceed 2 spaces per unit}.
Given the proximity to the downtown employment center and family
orientation of the units, this parking situation suits Engineering
'and Planning.
7~404.B.2: (parkinq)
2. In all other zone districts where the off street parking
requirements are subj ect to establishment or reduction by
5
~
~
special review, the applicant shall demonstrate that the
par~ing needs of the residents, guests and employees of the
project have been met, taking into account potential uSeS of
the parcel, its proximity to mass transit routes and the
downtown area, and any special services, such as vans.,
provided for residents, guests and employees.
response: As mentioned above, two garage parking spaces per unit
is adequate given the location of the development and the family
orientation of the units.
stream Margin Review: This project lies within 100 feet of the
high water line of the Roaring Fork River. Another structure (a
single family residence) is located between this site and the
river. However, the stream mar~in exemption category does not
waive review for developments such as E. Hopkins AH which fall into
this unique situation. Therefore, staff reports the following
responses to the stream margin criteria:
1. It can be demonstrated that any proposed development which is
in the Special Flood Hazard Area will not increase the base
flood elevation on the parcel proposed for development. This
shall be demonstrated by an engineering study prepared by a
professional engineer registered to practice in the state of
Colorado which shows that the base flood elevation will not
be raised, including, but not limited to, proposing mitigat'ion
techniques on or off-site which compensate ,for any base flood
elevation increase caused by the development.
response: As shown on the colored flood plain map in the
application, this development is located completely outside of the
identified floodplain.
2. Any trail on' the parcel designated on the Aspen Area
comprehensive Plan: parks/Recreation/Open space/Trails Plan
map is dedicated for pUblic use. '
response: As this property is not directly within the river
greenway corridor, it cannot supply a trail for that purpose.
However, this project does commit to constructing a sidewalk in
front. of its property within the E. Hopkins right-of-way which
leads to the pedestrian bridge approximately 100' to the east.
3. The recommendations of the Roaring Fork Greenway Plan are
implemented in the' proposed plan for development, to the
greatest extent practicable.
response: Specific to vegetation, this project is retaining
several medium sized trees along its east side and two at the
southwest corner.
4. No vegetation is removed or s"lope grade changes made that
produce erosion and sedimentation of the stream bank.
response: This criteria does not apply.
5. To the greatest extent practicable, the proposed development
6
~OA-~""~1!-.. '.' ~,,'., ~,~,~4~~~Cc>v:(.
, 'T~ AV' '" O'#-(f>-~' , &,.:.j....;:~q,~~.~tlvJ~d (,_
~-o1l%'&dl)~ ~ i~ ~ , . S"f""~ - "c..L j. ..t".., ~.. ~'"'
'~1~-~~ ~f~J>\~~(BJw.X\~~~ ~~
reduces pollution and interference with the natural changes ~~v,.\
of the river, stream or other tributary. r- ~J
response: As no work is being done adjacent to the river this ~
criteria does not apply. street drainage runs west towards an ~
inlet near Cleveland St. . ~
6. written notice is given to the Colorado Water Conservation \
Board prior to any alteration or relocation of a water course, t
and a copy of said notice is submitted to the Federal
Emergency Management Agency . , '
res~nse: This criteria does not apply. ~
7. A guarantee is provided in the event a water course is altered
or relocated, that applies to the developer and his heirs,
successors and assigns that ensures that the flood carrying ~
capacity on the parcel is not diminished.
response: This criteria does not apply.
~
~
7-
k
1
'"
i
~
t
1
,
Copies are provided of ,all necessary federal and state permits
relating to work within the one hundred (100)' year floodplain.
response: This criteria does not apply.
8.
---------~~-----------------------
STAFF RECOMMENDATION: The planning Office recommends approval of
rezoning the subject parcel from RM-F (Residential MUlti-Family)
to AH (Affordable Housing). The Planning Office also recommends
approval of the East Hopkins Affordable Housing project's
SUbdivision / Condominiumization, Special Reviews for Open Space
and Parking in the AH zone, and GMQS Exemption for the four
affordable townhomes as presented in the application text and
drawings. The following conditions shall apply:
1.
The applicant shall consult the city' Engineer for design
considerations for development in the right~of-way. Permits
are required from the Streets Department for any work,
including landscaping, within the right-of-way.
2.
Prior to recordation of the Subdivision Improvements
Agreement, Final PUD Plan and sUbdivision Plat, the Master
, Deed Restriction for the deed restricted townhomes and lot
shall be recorded with the County Clerk.' Prior to sale of any
deed restricted property, the buyer shall execute a Memorandum
of Acceptance of the deed restriction.
3.
A tree removal permit is required prior to issuance of any
excavation or building permits.
4. Prior the issuance of any building permits, the applicant
must submit to and receive approval by Engineering of a storm
drainage plan.
7
f'"'
~
5. The Final Plat and site plan for building permit must include
trash storage locations, a 4'x4' utility pedestal easement
adjacent to the alley, final design of any features located
in the pUblic right-of-way (eg. sidewalk, curb/gutter,
driveways), and final design of alley access.
"~ ~. Prior to the issuance of' any building permits or the sign-
? ' ..---7 off by E, n gin, eering on the Final Plat (whichever c,o mes' first) ,
, a new alley access agreement signed by all parties and
beneficiaries of the original access agreement must be
executed. ,The new agreement shall be indicated on the
condominium plat.
7. Street drainage must be accommodated where the project
reconfiguresthe pavement and adds curb and gutter.
8. The Final PUD Development Plan, Subdivision Agreement and Plat
shall be recorded in the office of the Pitkin County Clerk and
Recorder. Failure on the part; of the applicant to record the
Plat within a period of one hundred and eighty (180") days"
following approval by the city council may render the Plat
invalid.
9. All material representations. made by the applicant within the
application, at hearings before the Planning and Zoning
Commission or the city C~uncil shall be adhered to and
considered conditions of approval unless otherwise amended by
other conditions.
ItJ) ~~~ 'tn.~.-h> {EffA ~.P~ ~~~
Exh'b't~ IVMir~~~
J.1. 'II) tpe.~~- W'/~~l\ri.~~
ApplicatJ. BookIe Q , -\to-@' , ~ ~ cWJ,. ~ ~ iv s~ <PI ;jtJp~
"A" - complete Ref al Memos' 1\ ~~ ~",,-.a.::"^ lM:t...~
"B" _ Rezoning Review Criteria ,WV'"'.', oovv""-J
"C" - SUbdivision Review criteria
tt;!~J:;~~<~fat<< 4~ ~~t1~v-1HfoJ~~~
w- ~c;J;1AJ f~1 (~""'5"4'-) ~~-tvA.~, ~~I ~ ~d'1
~\'h\\i-o-~~ ') ~~~ bt ~, f~ ~i;.~ to tu M: ,
l'Mli~i>M-~~YTI~f~tl'~r~ .
~~ \)~ -~~ig,w) f~ ~v.-'~ - ~5~ ~ ~A.nJ
~~-~~' .tm~t~~~~~~~
-(w.-M~ ~",~~fkSf..
cW'.~-{o ~~,~~~~-\u~~~JJ-.
1w.---~~~ ~ i:lAv\)M~"",,~ ~-l:<-+. '
"P~y,./~k~~~1o~,~V'''''' ~tk~~dL
I"',
^
East Hopkins Public proiect Review Group
Thursday September 30, 4:00 Planning Office
Thank you for participating in the architectural review of this 4
unit affordable tow~home project to be located at 1017 E. Hopkins.
Dave Tolen, Housing Office project manager, will bring large scale
drawings and a model to the meeting. This memo is to focus the
purpose of our review.
On October 5, this project will be going to the Planning and Zoning
commission for their consideration and recommendation to city
Council in November. To date, there have been three neighborhood
meetings and three Housing Board meetings to discuss density,
bulk/massing and site layout, and parking configuration. Because
of the great amount of input from the neighbors and the Board, the
townhome configuration and the proposed auto ,access has been
determined to be most compatible with the surrounding properties.
Our objective in working with the PPRG volunteers is to get
suggestions for standards on architectural and landscape elements
such as materials, colors, roof and elevation details, buffering,
etc. A draft of neighborhood guidelines for this area (east end,
south of Main st.) prepared for the Historic Preservation committee
and P&Z is attached!for your consideration. Please pay particular
attention to items 2-5 on page 2 of the draft.
I hope that our meeting will last no more th~n one hour. See you
there.
~
Kim Johnson
Planner
\'
,1"""\
, .
MESSAGE DISPLAY
TO Kim Johnson
From: Chuck Roth
Postmark: Sep 29,93 10:00 AM
,Subject: East Hopkins Affordable Housing
~
-'
Message:
I would like to modify the discussion about access using the alley or
the easement to require that this access be resolved prior to signing
tne plat or prior to obtaining a building permit, wnicnever occurs
first.
Tnank you.
--~----========X========-------
.
\
r-\
r",
II'
ASPEN. PITKIN
Ms; Pat Card
t.o. Box 30036
Grand Junction, CO." 81503
PLANNING -& ZONI~G DEPARTMENT
september 2?, 1993
RE: Ad~r.ess correction for E. 'Hopkins affordable housing project
Dear.Ms. Card,
. Thank you' for bringing 'to my attention the wrong address
contained in the publ~c notice for. the above project. ,I checked
through the,application and ~oundthat,the error came off of the'
1990 warranty Deed ,for the,transfer o~ the property to "the Housing
. Authority, which' listed thecO:t:'rect, legal address. but the wrong
physical address. The error poses, no legal.problems for'either.the
Warranty Deed or the public notice, as th,ey also contained the,
correct legal description of the property. The Housing'Authority
informs me that the correct address is ,1017 E. Hopkins. I hope,
this information answers.you concerns.. Please contact me at 920-
,5~00 if you have any other questions or'comments on,the project.
"\
\
130 SoUTH GALENA STREET ' ASPEN, Co.LO<ADQ 81611 . PHo.NE 303.920.5090 ' FAX 303.920.5197
'I'rintedDnft<ydl'dpaper
,
/
II II
c{-" Council J!'yht hit G
ApprOV8c1 , 19 _
By ordinance
,-...
MEMORANDUM
To: Kim Johnson, Planning Office
From:
Chuck Roth, City Engineer e.-1<..
September 20, 1993
Date:
Re:
East Hopkins Affordable Housing Development Rezoning, GMQS Exemption,
Subdivision, Stream Margin Review, Condominiumizationand Special Review
Having reviewed the above referenced application, and having made a site inspection, the
Engineering Department has the following comments:
Rezoning
L As represented in the application, the rezoning would not result in adverse impacts on
traffic generation, road safety, utilities and drainage. This neighborhood is already zoned
for similarly high density uses. According to the Planning Office, the change in zoning
would not increase the allowable number of bedrooms and therefore not increase the
allowable number of vehicle trips that the proposed tievelopment of the property can be
anticipated to produce,
Subdivision & Condominiumization
L Prior to issuance of a building permit, the applicant shall submit the following:
a. A storm runoff mitigation plan to the Engineering Department that meets the
requirement of Section 24-7- lO04-C-4(f) of the Municipal Code;
b. A development plan that shows the following:
(1) The trash storage locations (They may not be located III the public
rights-of-way.);
(2) A 4'x4' utility pedestal easement adjacent to the alley for any new
pedestals that may be required to serve the project;
(3) The final design of the sidewalk, curb and gutter, and any other features.
such as driveways, intended to be located in the public right-of-way; and
(4) The final design of the ,Iccess via the alley.
'C
\
r-.,
r-.
c, An new agreement signed by all parties and beneficiaries of the original
access easement. The new agreement must extinguish or modify the existing
access agreement in conjunction with permitting and providing access to the
Housing Authority site via the alley right-of-way. Note that the alley is currently
being "opened" to 10]4 East Hyman Avenue. The alley will not be opened to
the subject site until the existing easement agreement has been extinguished or
modified to the satisfaction of all parties. This is to protect property owners
adjacent to the existing access easement from having the general public drive
down the alley then out to the street through the access easement.
2. Sidewalk. Curb and Gutter - The City would typically require installation of concrete
sidewalk prior to issuance of a certificate of occupancy for the buildings, In similar
situations, the City might not require construction of curb and gutter prior toe.O., in lieu
of which an agreement to construct curb and gutter, and associated asphalt work, would
be required. The applicant has offered to construct curb and gutter at the time of
construction, prior to e.O. Doing so will require widening of Hopkins Avenue in order
to provide the standard curb-to-curb pavement widths (4()'), This will widen Hopkins
considerably from its current paved width. It will improve the neighborhood by providing
a 9()' long section of street that is properly designed and constructed with proper vehicle
travel lane widths and parking, However, the applicant would also need to mitigate street
drainage.
3. Condominium Plat - Prior the sale of any unif, a, condominium plat meeting the
requirements of Section 24-7"1004 of the Municipal Code shall be recorded. A few
specific details are as follows:
a. The access easement and modifying easement must be indicated on the final
plat.
b. Indicate a, 4'x4' utility pedestal adjacent to the alley right-of-way.
4. 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.
Stream Margin Review
I. The application statements concerning Stream Margin Review appear to be complete.
The discussion in paragraph 3 appears to he sketchy, Any landscaping in the public right-
of-way must be proposed in the final development plan and subject to final review at that
time by the City. The final landscaping plan may relate to the existing access easement
which needs to be extinguished or modified, which may be accomplished with landscaping.
Special Review for Reduction in Parking
I. Given the closeness of the site to the commercial core, the availability of public
\
r-,
r-,
,-
transportation, and the employee housing use which may result in fewer cars per bedroom
due to the previous reasons as well as the possible use by families with children who don't
own automobiles, the Engineering Department recommends that the reduction in parkiflg
be approved.
Other
L The applicant shall agree to join any improvement districts formed for the purpose of
constructing improvements in the public right-of"way
2. Given the continuous problems of unapproved work and development in public rights-
of-way, we 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 nbtain permits
for any work or development, inclu4ing I<mdscapi ng, within public
rights-of-way from city streets department (920-5130),
.
cc: Bob Gisb, Public Works Director
y!<l.\~1 J
\}
,....,
~
,....,
10 Ff
PUBLIC NOTICE
RE: EAST HOPKINS AFFORDABLE. HOUSING DEVELOPMENT MAP AMENDMENT,
GMQS EXEMPTION, SUBDIVISION, STREAM MARGIN REVIEW,
CONDOMINIUMIZATION, SPECIAL REVIEW AND VESTED RIGHTS
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, October 5, 1993 at a meeting to begin at 4:30 pm before
the Aspen Planning & zoning Commission, 2nd Floor Meeting Room,
City Hall, 130 S. Galena, Aspen to consider an application
submitted by the Aspen/pitkin county Housing Office, 530 E. Main
st., Aspen, CO, requesting approval of a map amendment to rezone
to Affor~able Housing (AH), GMQS exemption, subdivision, stream
margin review, condominiumization, special review for parking and
open space, and veste~ rights. The applicants propose four 100%
~eed restricted employee dwelling units. The property is located
at 1919 E. Hopkins; Lots F, G & H,Block 33, East Aspen Addition,
----%nd Lot 5, Block 5, Riverside Addition. For further information,
contact Kim Johnson at the Aspen/Pitkin Planning Office, 130 S.
Galena st., Aspen, CO 920-5100.
slBruce Kerr. Chairman
Planning and Zoning Commission
:Publishe~ in the Aspen Times on September 17, 1993
-------------------------------------~--~---------~--------------
-----------------------------------------------------------------
City of Aspen Account
To [);cH- rer&-n
t1/1 3 )L.J
,.....,.,
.,-",
MEMORANDUM
Date:
Kim Johnson, Planning Office
Chris Chiola, Environmental Health Department~~
September 15, 1993
To:
From:
Re:
East Hopkins Affordable Housing Development Rezoning,
GMQS Exemption, Subdivision, Stream Margin Review,
Condominiumization and Special Review
Parcel ID #2737-181-11-002
----~-----~-----------~-------------~---------------------------
----------------------------------------------------------------
The Aspen/Pitkin Environmental Health Department has reviewed the
above-mentioned land use submittal under authority of the pitkin
County Code, Title II, an~ has the following comments.
SEWAGE TREATMENT AND COLLECTION: sections 2-7 and 5-200:
The application indicates that the project lies within the Aspen
Consolidated sanitation District and that the District has enough
capacity to handle increased flows from this project. This meets
the requirements of this Department.
.
ADEOUATE PROVISIONS FOR WATER .NEEDS: Sections 2-6 and 5-205:
The, Aspen Water Department ,will be able to provide adequate water
to the project.
WATER OUALITY IMPACTS: Sections 2-22 and 5-107.2:
There are no concerns of this Department in this area.
AIR OUALITY: Sections 2-17 and 5-106:
This project must meet the requirements of City Ordinances
regulating the installation of gas log fireplaces. Permits must
be obtained from this office and approved.
/
-^
,j
r'\
r-,.
MEMO
To: KIM JOHNSON
From: JACK REID
Date: september 13, 1993
subject: East Hopkins, Affordable Housing review
===================================
The areas of my concern are the street itself and snow storage.
It appears, from the plan, that those concerns have been addressed
satisfactorily.
The street/will be wider, allowing better movement for cars in the
area, including room to turn around; a major problem in the past.
When E.Hopkins is plowed, it is plowed to th/i! sides., We only
remove snow in the commercial core area. We o<:casipnally remove
snow from the residential areas" but only when there is such a
build-up that safety or traffic flow become an ,issue. It is
important that the management of this develoPmentltl:now this" that
they may make, pl,ansto keep their entrance clean. l>now plowed from
the street may not be put back on the s~reet~nd must be stored on
one's own property. If that build-Up becomes too much, they are
responsible for hauling it away. .
\~
,,0. ..':-~;-:~1;':'^3~:~;~~.,
"...:t..~ . ".' '.'. ..'.. '''.' ~~!!<;,>;Iti:::!"'f!(~'Y'"' .
.",~.: ,',' ". ..:.,.:.:..", ,- .,' " ,,'. . .:"", ,.,~~..~,. :~~< 'of.~"~"t"'~~~;.~w.:.~I\~1FtI~,::.~;,
,;",,~.p.:~._~r~~993 r.;'''''''''''''''''''''''IiI!~>>''''....\.>.",.",. '-',,""'. ,.,,~ ....,'::', '"
~.~tt~~!~~:~~:::::'~l"," '.-.'~.."...'.',.":""'- .',' ""'.:,' .,~".":"""\~,.." .,," ." :...."....:,..>:.:.: .:~:,~
~,"'!.'*"..'l.'-''''i. ",., ."n.f'f"i"'~""~"~'~."""'" ,,"'''o1t'~''''< . '''',' , 'r-"::<~~ ..~\I;!!!I~~~$'.~"'"
. .,' .~.:...,~~,-:p ..nn na'''n 1ee"'., '.": .. .". ..,'''~. ,..:.~~'II...~.'.'~':" '''.....:?!.~~~" : ..... .. ,".' ".'.
. . "130 S. .Galena ...~~~~.~,g ..~...~~'..", ~~;!;."., <i~,~~j~~~:,.. ~}:'-::~-i~,.4J...~~:;'~~k"'41~:~i~~.~;~..;~,~;)~".,:~:ti":4~t~ .
~,~;:~:.,';f:!~;j:~1.~~.,~:~)f.;~..3:..:~::,~.~;~::::~~~:!~"l'~~' '~'ii~~;,~~~~~~~.~~~~~:.,.' . ~:-'.'.' .
.. ". ',,, : ",.' ,~i:-- " ..' "".. . "..,. ".....~~""...~,,~.~"~ ",.... -,,~~~~--r:.-......,... .,...."'~...,mu"!~:~... -'''I'' ' ~>.
; .,,;.,~.::~,..1tE;,':Eii.st'.~~pk;~s ,~QS '~*emp. .()~ "~.-:/i.is~"<,:,,,:;'~,', . . '<:::';'~. 1,'.<' ,~'.i.T'
. . ::.>.. : ...::;,...;.: ., ,"~<:'. ,Of :~.:, ,,' "~~" ':~::jJ::?,:~::.,;.~,:t:;:'.,:~? :'" ';.!~~~:;;.:':,' ,;: ':.;,~.\'~f::~!'\~: . . ';::.
, t,..,~ .", .. 'J'i"" ..,::".=:.-e__x:.::,Jt.lm. ...._. '.", ,.... ',..,.';,,~.,. .,,;, ~~"";O;.'i,.'" ..:..~'''' ..":~',,,',"" ' . ,,'," ..;$,:~.!jI'~~A':' ',:";',, .. ,,' ""':;",,,~..,.
" . "...:,':~t.th~p;-esent. 'time' ~~':~pe"ri-t:Oii'ilo" iuited.san'l't;n'lf.oi..'!)istt-:rbt:....~,
,c~i~!~nt "wa~te"ater ''treatment and collection sy~tem c:apacity .
'rye~~'is .develOPltIe~~~~'<\:,..";j;fi,~~w. "~~~Il~~'~:~:""~""';"
.:,~.~,*,-..:';rhe appli9~tlt'!i' ..dj)ii'Sm~mt..__~i':D,e,'~~..,;.......... """.:'" ;a.p,;.~A.~*J.#~.,~~:
!ti't!'fPeak ~a,lJt,~1fa-t.l!!rfloWS t.o d~termine i'ftne':' '., . . .... .... . ;...;~.j,(:jljfl-s:ew'er'.';~i
lineservili9'tnepresent '10tWi.a"jpe.?decruab,'-t'Q'I!Ie~':~~~~~~JecfW:1ift:!:f;
ot'. if a new 6"servic~Jine ,'~iJ,lp,el!!d~.,.J:>e ..i.n.!ltal~ea1;li'~;P;l'~:maiIl'<
.... ...~,Elwer.line. in;a opkidS" streel:J-&;~''fli~;'iifl!x~lttS9'::''''-CIP~b~ltfa.t~.C?;.~r:
"';~xpos;d," to determine1:.il.~p()ndi tion oftil.e .pipl!!,;as .""ell,..~;iigS;~t';L..';.<' .
'4';'~ >~haredservi ce.~reementwi llhave~C).beell:l!!c~1;'edon
'~t~~a;~~:~~~~-~;~i,l.::tfc.~et~llf~~~iY~~~~~,~~.~!,~l~~'
to' '.theDistI'ict. bef()re wi 11.",3,. . our'~~;
r ~1y? ..
omas4.~cew ..."~,':'",,
.,.,',,7?11eet~.e~,.syste" s 1;S~;rd;ntendent . .. ",~""",""'''''",,. ':d .~..' ,;(;;;"'.-r.-.' "
;~i<iri~!'",. ""f':!iIi"'~~;U;.;.:~~~'~f1!,i-.".,.'.i~i;~:~~?~j,';'" t, , .'~ " ..;.~.~..,~"!"..... "~"~iI'_...._~"""..... ... ~.1=~..1 .'
:'~'o';f.~~~'':o~~~'i,,,:, ,", >','L., ...... .... '.~'" . ~^~,...' -...~ . .'. :L',. ",.-, .
, '.., ~ ;.rit ,::~~"'" ;.:....~,;~~~.:.,i'J;.-:.'
I....:.,.;" ." .,. ,.; .,. ..' ':~lI\;.,',\.....~.:,;,:!,."",.:,~~.,~":,,,:, "~,- .,,-':' ',,, .......' ., ... '~\I' ;:-;.~.~l!o:,:,";., .
. ,'. '.'..',.. -" ...-..:''::.,. ,."...,~;..:.':'."~~.,'-".~,~~..'.,,'
,'I; ,. . ~'~..I':;"~...'~ .,.".loi,.l; !fC3. ~.,,'!i:o '
., . :"a~:\~'~~~~.,~.+:?~;"... " . ..,,",'1"!, . ' ~,' .~" ~
."';"':~':~::. " " '. '~'~<';.~:" :, '.:' ~~ -. .' . ,',' ..~.,.,~,:~~~::~~".'.~.'.!.,:..~~.','.:.".' .:. . , .f...'~',':,~,~., ..' . , "'" . ..".'.:':,:,'~,',~'~:",,'.~'.....: ;', ,.'. .,'.......~' ~.:"..~.',.::,.~:.....::.:..,';..~,~~.:~,~:~....t,.',\;."":~""':"~""":""::f"':';"'":":~':'~.":'.:,1-,~,'.~:~.',::~,:.,~.:,'.,.i...::.;.'~.,;.';~':~"'_:~.';,,',.'.'.'."'.'.:',...,-.::.".,'."'," .
"~~f!.".:~~;...~~.~.;,~.:,~.~~:.~i}}~';~"'::":".' ..~,~".~ -. - .. . . ~ . ,;.-. .-.-.... ~ .. .
"!':'~...;~,,'~'-f- . '. :"""~""';~':l'.~,*,~"":,~,, "'!Il~~'I,...!l;>l;~:i;;!j;I"'~'!!'?:i':!:, :',
';~;~i-i~;,,~~~';;i:~
. : ...,~,... . ":.. ;;...~:..;~~;;.:.; ~..~~~8'.M~.:,~~:w~''1.:' ~.~ .". "",",'.:~~~~.;';'~~':"'~..'..' ."."~:~'~'~::.:'''''~~':.~~'':..f~i:.ds"""{.:;~.,,, ,..~n"l:""::a::...:.,.'....~:",.
. ....(.' .. ."'.........:.,,.............:.w""'....;.c. l"........;t':,~r.f~..:..~..~.. '. , '..".....a~.'~~:'i~~1i it: ......~""~',
~~: ..','.. . :j..~ ..:. :".:. , . 'Il.a,,::...~. : .:." :::' '.' :.:: :.:.._~ ..,,, '., .. ~ :...."~:i: .., ' .~..:':. ~'.". ''''~ ,'" , " ::,.: .:. '.~~' '~..: ... ",\:.' ',,'l,':.;:-, )"....:. ....;,:::..:~; :::; :.:.:~r:~~?:
. ""Iii;:"''''''': ,,',~~": : ' ,-"" '~:~.. i..: "~.li!..,-.;.:~.t-..-...I.'iaarll..DA -A"" """"Cll>,t..t- ;'f' ,,, , ".'" ."......' ~~,i':r ~ ,. "'''''''~.'!i'.."
::Jt..;.;,:.:,..:.....i:;..::..~:~~r'.;-.:. ~:.,."...~..:':.-" ~"~"':':.~~~~~'Ul:"~,~~.', ,. '....,' ',,,.: :;..,H~:.'.
,,:,,',,'r.:';:':\:,'1':i'~';;''i,~'i((;:.<.I:;'''~''~~~~i,,~,,'~:Yi''''''''.~;;;it976 -1986 -1990". . '. "~~~' ,~",. . .,~': ;""''''. ,;,.':,".' ,..".', ...~:?!'~,,;' ~\):\
.". '.. .,~,~".". ...."..~, .~..,:'Ii';l....\~......j~l; ~~\ofI,."'''J.~~:~ . '."~, . . .. . "0'11. ....... ,.
.."' ''" "\.."'.:~~:;<i:. ~~':'~~""~:: .. .." ... ,"" 'l.. . ....'.;.;.~~~~~~~~~l~~1t.,~~,:,.~:.':~~:~~.~,:...'~:;!;~.I,.~'~~"}':~"":~.':'~,~,/.~' r,.". "l:!l-~..}~:.'~ .,
. ~~..
"'.
('"'.
~
/
MESSAGE DISPLAY
TO KIM JOHNSON
From: Wayne Vandem<l.rk
Postmark: Aug 26,93 J.O':45 AM
Status: Urgent
Subject: EAST HOPKINS AFFORDABLE
-----------------,_._----------------------------------_._--~_._------------------
Message: "
KIM, THE AREA NEEDS SOOM ATTENTION REGARDING FIRE DEFT ACCESS. THE
STREET BOTTLE NECKS IN THE AREA AND CARS ARE PARKED ON BOTH SIDES. WE
HAVE BEEN OVER IN THE AREA IN THE WINTER AND ALSO IN SUMMER. THE
PROBLEM REMAINS THE SAME AL'I'IiOUGH A LITTLE TOUGHER IN WINTER. SNOW
REMOVAL WAS NOT ADEQuATE BECAUSE OF THE VEHICLES. WE MIGHT WANT TO
SEND OUR WORLD FAMOU ENGINEER OVER TO SEE WHAT COULD BE DONE.
-------===:=---X========-------
-
fj~ riff ~\
-~-~II~()01- ~ /tlf~/q~ !
1.1-'91---(<t1 Housing Offiae
City of Aspen/Pitkin County
-
530 East Main Street, Lower Level
Aspen, Colorado 81611
(303) 920-5050
Fax: (303) 920-5580
-
....
....
August 23, 1993
-
-
Ms. Kim Johnson, City Planner
Aspen/pitkin county Planning Office
130 South Galena Street
Aspen, Colorado 81611
-
Re:
East Hopkins Affordable Housing Development/
Land Use Application for Zone Amendment to
(AR) Affordable Housing, G.M.Q.S. Exemption
for Affordable Housing, Subdivision, Stream
Margin Review, Condominiumi~ation, and Special
Review
~'~/"
f .!'
I /
ry
-
-
Dear Ms. Johnson:
-
On behalf of the City of Aspen and Aspen/Pitkin County Housing
Office, we are submitting the East Hopkins Affordable Housing Land
Use Re~oning and Conceptual Review Application. Attached are
twenty-five (25) copies of the application for review by the
Planning Office and referral agencies.
Thank you for your assistance and guidance in the preparation of
this application. Should you have any questions, or if we can be
of further assistance, please contact me at 920-5216.
-
-
Dave Tolen
Project Manager
-
-
-
-
Ii
...
...
....
APPLICATION FOR AH REZONING
EAST HOPlCINS AFFORDABLE HOUSING DEVELOPMENT
GROWTH MANAGEMENT QUOTA SYSTEX EXEKPTION
...DZV7SZOlf ... ...... ....'" un........... . ~
0~
...
...
....
Submitted to:
...
The city of Aspen
17 August 1993
...
-
...
Prepared by:
Aspen/Pitkin county Housing Office
...
530 East Main Street, Lower Level
Aspen, Colorado 81611
...
(303) 920-5050
...
...
Dave Tolen
""
Project Manager
-
...
....
...
-
...
....
-
INTRODUCTION
EXISTING CONDITIONS
DEVELOPMENT PLAN
LAND USE REOUIREMENTS
...
.~
....
...
...
-
!"""
,...
...
...
~
...
....
-
...
TABLE OF CONTENTS
.
1
3
5
7
.
i
,.....
...
LIST OF FIGURES
"..,
-
I
FiCTUre Title
Vicinity Map
site Survey
Land Use Map
site Plan
FOllows
paae NUmber
Fiaure
2
II
4
...
III
4
IV
7
,~
V
Floor Plans
7
....
VI
Elevations
7
VII
Flood Plain Map
12
,...
LIST OF EXHIBITS
(in Appendix)
-
Exhibit Title
Exhibit
-
Special Warranty Deed
Preapplication Conference Summary
Adjacent Property Owners
Utility Service Letters
A
-
B
C
D
,...
-
-
~
-
,...;;;,
-
- ii -
-
-
~
INTRODUCTION
-
The Aspen/pitkin county Housing Office (APCHA) requests land use ~
approval for the rezoning of the East Hopkins parcel to Affordable
Housing (AH), Growth Management Quota System (GMQS) exemption, O~ /......
stream Margin Review and Subdivision Approval for the development ~.
of four employee dwelling units. The project site is located
within the City boundaries of Aspen, on East Hopkins Avenue just
East of Cleveland street.
,..
.-
-
This application is submitted by the Housing Office pursuant to
sections 5-206.2, Affordable Housing (AH); and 8-104.C.1.c, 7-
1004.C, 7-903, 7-400 and 7-1007, Land Use Regulations of the Aspen
Municipal Code. The specific land use request is:
-
.
Amendment to the Official Zone District Map, Rezoning
Approval to Affordable Housing (AH) from Residential
MUlti-family (RMF);
-
.
Exemption from Growth Management Quota system for 100%
Affordable Housing;
.
stream Margin Review;
~~
-
.
Subdivision Approval;
-
. special Review Approval of Parking and Open Space; and
. condominium Approval.
~
A list of property owners located within 300 feet of the property
is provided as Exhibit "C".
...
The land use rezoning application is divided into three sections:
,..
1.
Existing Conditions
2. Development Plan
-
3.
Land Use Requirements
...
within each section of the application, figures (maps and/or plans)
and tables are provided to supplement the text. Pertinent
documents are referenced as exhibits and contained in the Appendix.
The Aspen/Pitkin Housing Office has been diligent in its efforts to
provide the City of Aspen with a complete and thorough application.
During the review process, should information need to be clarified
and/or additional issues arise pertaining to the East Hopkins
Affordable Housing Development, the Housing Office will be
cooperative and responsive to fully addressing those concerns.
-
-
-
- 1 -
-
-
....
....
proiect Location
The East Hopkins Project is located near the Roaring Fork River
within the southeastern quadrant of the Aspen City limits (Location
Map, Figure I) in Pitkin County, Colorado. The site is situated on
East Hopkins Avenue, three blocks east of the downtown commercial
core area, and one-half block east of Cleveland street.
,"""
-
Backaround
~
Development of the East Hopkins property as an affordable, deed-
restricted, ownership housing project responds to the Aspen Area
Community Plan, adopted in January, 1993. The Housing Office's plan
for East Hopkins is based upon a set of adopted goals and
objectives that are included within the Community Plan. To address
the lack of affordable housing and the resultant loss of a balanced
residential community, the Aspen Area Community Plan seeks to:
-
.
Establish a sustainable "critical mass" of working and middle
class residents;
,-
,...
. Make affordable housing an investment in people; and
. Provide opportunities for workers to become a permanent part
of the social fabric.
....
,...
,
The community Plan's specific housing policies include:
. Encouraging infill development within the urban area;
. Developing small scale resident housing which fits the
character of the community;
,...
. Emphasizing year-round ownership;
...
Ensuring housing is compatible with the scale and character of
the community;
Emphasizing quality design and construction, recogn~z~ng that
this will increase cost and decrease production.
To achieve these goals, the City acquired "scattered sites"
throughout the community for the purpose of developing affordable
housing. The parcels (East Hopkins, West Hopkins, Kraut and
Austin) vary in location, size, potential development density and
character. Each development will be planned within a "neighborhood
context."
.
.
,...
,...
....
-
....
- 2 -
,...
a..
<(
~.
~
-
z
-
o
-
>
/
./
.1!
g
~ ]
~ '"
J'" ct.
" Ii ~
1lI~
Po. .:; ~
~~H
~ a!E -;
..e'8 c_
~ gj 1lI~
1"~~
:!Ih]
lll':::.ii
~ ~ .~ 8.
~~ 0 to
..c j ~ .
.~ ~ >- 'll
!tl~~.p
op.Jl<nll
z. . . 0...
E<
t)
I'<ll'<l
..,E<
OH
ll:tIl
P<
=
lU
-
~t:l..
'5~
"',~
= =
-=
~E"<l
,~ E I::
U 0."
- bO
t.:lU..
Z lU ""
_llI
tIl..'(
5=
::c:~
'"
<
..
::c '"
'" .~
-g 'il
..E:G ;:::
""~
<Cii. ~
.~
:'i;bO u
.~~ t::
-...-1 Q).
~~ 0...
~o '"
~:r: .0:
II
<<z
.-r-,
l:~1
,I>
Jl
, 4::'~ .,
1.'f ,
~"- ,
"...",'" l'.....
.~.. i
"H'" "
!:.n.!
,
I
.
,
.
,
\
,.
~ .
. M. I
~ ~ilin
..!:ii I
I.."
, II.., .
/. I
o. 1-____.__
1 ''i'''HJIl~U
ai'
:;r:i;:r 1_
!.."t. W Z
'..'.D. c(
o 0:
o ::>
u c
.
I
.
/,
;'J
:. en
:]1:',1
; Il~I:1
, ,.,....
. . Jit;!
I..,,,,
:1:' .~ u:J' CD.
.... ," } /'. !ii~::;
jl,.,..-:.""!. 1.' r' ",,,,.
.p' ,/ ......\ /'-. ,
~rt. ..__.
p~.I, .
,
j :;
t2.. ..
I" .
.. <i: .,,/
"
'"
o
~
"
,.
0:
"
o
"
....:
.r.::",
.~:! '-1
",'I'
r:
I!.~
~:;
;!:I.::t
M
'''",
:1.
':
f~ ~;~~~.i...~ .
....
M
. ill
"
"
j,
"
"
.-
'"
w
a:
t-
O)
Z
;;;
,: ,.
M
M
~~~I/
:Iii ;,U i'
, /
/
~~
;;~I ,
~'
"
"
.1
~. :
'.... :iriJ",
!:.I'
I
; L'.~'(lL'.'''''''~'~'''.I~ ....-:.' . ... .... __ "
J'~.~
' ..,,~ --Ii'
.,
\
..
~g
..
c.
~
:, H.LN3113S
.,
,;
"
.
.~
.-
.-
.-
.-
.-
......--
"ot
",.... .
'\../ .\
. . ....-
.-
-
\
\
\
\
\.......
D
, 3\;j~ NOl:lliyn
.3 ,
-
-
,...
The East Hopkins proposal will complement the existing East End
development patterns. The residential units will be developed and
sold by the Housing office to ensure the long-term availability and
affordability to qualified residents and employees.
-
EXISTING CONDITIONS
-
The development plan is designed to be compatible with the environ-
mental conditions of the property and surrounding land use
patterns. Further, the plan is to be consistent with the Aspen
Area Community Plan and the Growth ManaqementPlan established by
the City to guide development. This section of the application
describes the environmental and man-made factors which have been
considered in the planning of the East Hopkins parcel.
-
...
Natural Factors
...
The parcel is located five (5) blocks to the north of the base of
Aspen Mountain. The site is not endangered by rockslides,
mudslides, avalanches or other natural hazards. The lot is
relatively flat, level with the alley and adjacent properties in
the rear and west side, and with an elevation of approximately
eight feet above the street and the adjacent property on the east.
,...
-
There are several large trees on the site, and extensive brush in
the pUblic right-Of-way at the street.
Manmade Factors
-
...
The site is a 90 foot x 100 foot rectangular parcel (Property
Survey, Figure "11") containing approximately 9,000 square feet of
land, It consists of Lots F, G, H, Block 33, East Aspen Addition
to the city and Townsite of Aspen, and Lot 5, Block 5, Riverside
Addition to the City and Townsite of Aspen, pitkin County,
Colorado.
-
The site is presently zoned Residential Multi-family (RMF), and all
property adjacent to the project site is zoned RMF.
-
,...
Manmade improvements on-site consist of an existing but unoccupied
and dilapidated single-family home. The site is currently accessed
via an easement through the adjacent property to the south. A
pUblic right-Of-way for an alley exists, but is not presently
accessible. There are no paved sidewalks, curb or gutter at the
street. utility lines are proximate and contained underground
within the public street rights-of-way and/or alleyway.
...
-
-
- 3 -
....
~
1"'"
1"'"
The property is bounded by several existing structures.
Immediately east of the property, and between the property and the
river, is a new single-family residence. Behind the property to
the south are two single-family residences and a duplex. The lot
adjacent to the west of the property is vacant.
-
-
summary of site Features and Conditions
The Property Survey (Figure II) and the Land Use Summary Map
(Figure III) presents an illustrative summary of site features and
existing conditions that characterize the East Hopkins parcel and
adjacent properties. These features and conditions represent both
opportunities and constraints for development of the site.
Opportunities for Development:
-
-
-
-
-
-
-
1"'"
-
.
The topography of the site, elevated above the street, permits
easy excavation for garages and foundations. Minimal
additional site preparation and grading will be required due
to gentle topography on the remainder of the lot.
.
The site is not impacted by natural hazards (avalanches,
rockslides, flooding, etc.). There are no significant stands
of vegetation, rare or endangered plants, or wildlife habitat
to impede development.
The parcel is readily accessible via existing roadways and
transportation systems. It is also within walking distance of
downtown.
.
. utilities are proximate with available capacity to serve the
development.
.
The neighborhood contains a variety of land uses, intensities
of development, and architectural styles.
There are excellent views in three (3) directions -- north,
south and west.
.
-
Constraints to Development:
-
-
-
-
-
.
The existence of several large spruce trees will require
relocating or replacing trees of similar size.
. Development alternatives are limited by adjacent land uses and
existing structures.
- 4 -
o
&
01 = 1 81DJS
( ((
f5U~fS~X
(D~~
nanD
SUO~f~PUO:J
-
e:::,
I'
e:::,
.
I
I
.~
"..\\II/I1J'5"'"~,,.' ~-'~
~",,,,,:~,,,,,".., ..........
~ - -0/';:"':' I
i "
",,<<..J
...p
I
01
-,-_____~_. ...._ _m..__..~.__-c._.___~.___ __...____ _,___.".,__..________
I
e
5u/p//nq 5 //S/X8
"
<< ,
,0 ,06
anuanv sU~JfdOH
r"'"
,....
DEVELOPMENT PLAN
-
The Aspen/Pitkin County Housing Office proposes to construct four
affordable, deed-restricted residences on the 9,000 square foot
East Hopkins parcel. The development will consist of three-bedroom
units of approximately 1,700 square feet each, with attached two-
car garages.
The plan (Site Plan, Figure IV) incorporates traditional planning
concepts. It is reflective of development patterns within the
Aspen Townsite. Primary residential buildings are oriented toward
public streets and the alley. Automobile access and parking are
from the street and alley in garages.
-
-
-
-
In terms of architectural character, the goal is to achieve a
livable, human-scale residential development consistent with the
East End neighborhood. Building forms are envisioned to be simple,
two-story rectangles with varied facades. Each unit will include
a small private yard, and entryways will be detailed and positioned
to provide individual identity and privacy for each residence
(Floor Plans, Figure VI; Massing studies, Figure VII).
,...
-
Development Data
-
Compliance with section 5-206.2 Affordable Housing (AR) of the
Municipal Code is shown in the following Dimensional Requirements
table, which also summarizes the East Hopkins Affordable Housing
proposal.
-
TABLE 4.1
DIMENSIONAL REOUIREMENTS
,...
AH Zone
criterion
Req1.1irements
Proposal
-
Minimum front yard
Minimum rear yard
Minimum side yard
Minimum distance between bldgs.
Maximum height
10'
10'
5'
5'
25'
(30' by spec. review)
3,000 s.f.
10'
10'
5 '
5'
-
25'
,....
Minimum lot size
9,000 s.f.
Minimum lot area/unit
!"'"
Three bedroom
X 4 units
1,200 s.f.
,...
= Minimum lot area total
4,800 s.f.
9,000 s.f.
-
- 5 -
-
-
-
Maximum F.A.R.
1.1:1
.95:1
-
Maximum Floor Area
(9,000 s.L lot)
9,900 s.f. 8,526
I"'"
Minimum open space (%)
Special Review 35%
Off-street parking
Special Review 8 spaces
(2 spaces/unit)
Eight (8) off-street parking spaCes (two spaces/unit) are proposed.
Parking for two units will be accessible from the alley via either
the access easement from Hyman Avenue' or f,rom Cleveland. Access
for the other two units is from Hopkins Street. All of the parking
is within garages attached, to each unit.
-
-
-
Construction Schedule
-
The Housing Office is seeking to begin construction of the East
Hopkins project in the spring of 1994. It is estimated that a
twelve (12) month construction period shall be required to complete
the development. The residences should be ready for occupancy by
Spring of 1995.
-
-
LAND USE REOUIREMENTS
-
The East Hopkins Affordable Housing Land Use Application addresses
the Amendment to Official Zone Map review standards, Exemption from
GMQS for 100% Affordable Housing, SUbdivision, Stream Margin
Review, Condominiumization and Special Review for Parking and open
Space (Pre-application Conference Summary, Exhibit "B"). Within
this section, compliance with the land use requirement is
discussed.
-
-
AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP
....
The Aspen/Pitkin" county Housing Office (APCHA) requests the city of
Aspen to grant rezoning approval to Affordable Housing (AR) from
Residential Multi-family (RMF) for the East Hopkins parcel.
section 7-1102 of the city Code establishes standards of review for
rezoning amendments. In the following section, each of the review
standards is listed in bold and the methods of compliance are
stated.
-
-
section 7-1102(A). Whether the proposed amendment is in
conflict with any applicable portions of this chapter.
The development complies with applicable portions of the Aspen
Municipal Code Land Use Regulations as demonstrated within this
-
~
- 6 -
-
~
...
-
application. The development is consistent with the regulations
for the Affordable Housing Zone District (Section 5-206.2).
section 7-1102(B). Whether the proposed amendment is
consistent with all elements of the Aspen Area Community
Plan.
....
....
The Housing Action Plan of the 1993 Aspen Area Community Plan,
encourages creation of housing which emphasizes year round
ownership in mid-size or smaller projects in infill developments.
The housing should fit the character of the community and be
interspersed with free market housing throughout the Aspen
community, especially near desired activity centers. The proposed
rezoning amendment, AH from RMF, is consistent with the Community
Plan, which identifies the East Hopkins site as appropriate for
moderate density affordable housing.
-
-
-
section 7-1102(C). Whether the proposed amendment is
compatible with surrounding zone districts and land uses,
considering existing land use and neighborhood
characteristics.
-
The neighborhood is characterized primarily by the RMF zone
district, with one nearby parcel zoned Lodge Preservation (LP).
The proposed zone district of AH and mUlti-family land use are
compatible and characteristic of the existing neighborhood.
-
Section 7-1102(D). The effect of the proposed amendment
on traffic generation and road safety.
-
...
A four-unit condominium development should generate approximately
fifteen (15) vehicle trips/day, based on an average of 5.1 vehicle
trip per day per unit (source: Transportation and Traffic
Enqineerinq Handbook, second edition, Institute of Transportation
Engineers, 1982). Due to the in-town location and proximity to
mass transit routes, it is estimated that a minimum number of
vehicle trips should be generated by residents of the project on a
daily basis. The proposed amendment should not adversely impact
traffic generation and/or road safety.
-
....
,...
Section 7-1102(E). Whether and the extent to which the
proposed amendment would result in demands on public
facilities, and whether and the extent to which the
proposed amendment would exceed the capacity of such
public facilities, including but not limited to
transportation facilities, water supply, parks, drainage,
schools, and emergency medical facilities.
The East Hopkins Affordable Housing Development, based on APCHA
Guidelines, should generate a resident population of approximately
twelve (12) persons. The proposed development and its resident
-
-
,...
- 7 -
-
\:'
'~,;'~~~r-::~~t~;~~ l~'~.,~~
I.;.- ."-"."'~""~"!
, ,',.. ',,' ~...~ - "";"
. ::-."'-.'i,.,....4Jii.'~
"j
',.'
";1
. ~I
::.1
~.f :'
.,"''1
"
i.:.'
j'.,
."
"
,'{.<:
ii
:,~{,
~;f'
.~~
')4
,
,
,
~"
;~
'r?
:i
",
"',
C,.;, ',t.,'
ili' ',i
" ~-r' ~'.
1 '$
,
II i
I'"~
,
i:~}:.
,\,,',, "",'
~>1,,' .
~ ~
}
III
a..
<(
~
W
CJ)
0::::>
o
Z
<(
.....J
><
H
H
~
J:iI
H
~
H
CIJ
x
fj
P-<
i:l
Q
>t
1'4
Ill:
I<,
CIJ
P-<
i:l
Q
",)
J~ \: .'.
.1:,
~t~
";~;' 'To,,;,
.~"..',
,,';'
E-t
o
1'4
1-,)1'4
OE-t
P:H
1'<00
.,,;
"T- .'
P"
~
J',
"
~( .
"
:",;];i
-.n
"
.
t,
"
,
"
G''''.
. ~,' ,I
. < 0 : ';. ~,.4'
,..t ~ '
.. ^",
t. .. "'.' '.~,
"
.~
.':~
,',
~Ji .
~ \
. ~ -t
"r
"
."
1..
'.
ri.
ell
I""
"
<"<
~,
o
~
;t.,
:.
"
~.
.
,/,'
'.
.
,
,
'"
~.'-
:"'.,..
^'
.,.....
I;.
'".
." "h."..:", ,>::~~~:: !'/;" .:' "
"
p'
",.
:"
~. .~}'
: I.~ "I
" .
.
.' . \ . . .
(
'(
~
"
"'!::"J
',,,
.;,
~:' "
:,.
...;. ,I ,
I!. ',,",:0, - t~
:,,',' '.....,..
7"M"'"l..r:'-7"-~. ,"- ,
, ,
, '(-..,,-.1.
"7"~:,_.. :~:'-:-7;'. -~"'<:,:1'~~":!:.' ;
,:~.:. ~:' .t "'7~,;:~,,'t:;~~~1~. .~~*.,;~1.;"
:~ ""~:'i'~':.~ '. J., :.... :~: "f~~~~
.., . "". "" I ',', J ':'.'~..j,
: I" .Il ft.. .....'". ~ , . .~"; II. . 1Il'."Ol. 'l,,;
'~':;.J;:f',~,:~-r~.:.,~'.7 ~., .""~~' 1". .~'-;~'~~
...... ........t ....'!J . .." a.' ~ {..:'t,.$
+.:t~:'~)~~'~ '~.:::tN, !:~
...'\,.... '~,f.f.. ,..' . '.,"\l"'~' "rf. 'ti.....
" .,:.~, . ~.. .1~';~ '.:'~ "~ ... . ~~.., ~:y..~~. ~,".
...~f~!:" '. ~'.. ".~," "'~" ~ ~')i i
. ~". :' ~;.
t--
. "
0"""':'-
, --..:.:.'
'~
. . . ,'.
-, ,
<<
",
I
, "
)}:l.<(:~ ,'..,
J':<~~2;:'c'~;jff t:ii
,,,,,\,-,,. ~ ','i'..,: 'il,
~':"",~;", Jl::' '" 'io ,
" " ~~~:):~.:
'"
:: ::>...1~.. .~
. -' .,,,' ~:,"'"loIl\o11''' ,,~,
~
H
~
H
E-t
H
~
H
~
I
'/'1,~"
',u,
't.{,,'.
., ~.
. .'.,~Y;H';::;~'
:[2]'1<,:' "
:;0,' ,. ~U) .:"~'
r: " ~ 4', ,.. ~ 'J).
... \. .,:' ~
'.'
:~
W~
I
E-t
1
~
!>1
t!l
Q
o
H
u
~
Q
Q
H
,
"
"
':
',: :'~.
l
1;
iWi"""
~lfI,
....g
><
J:iI
j~
<llH
~~
J:ilCIJ
i<:!i<:!
P,;Q
E-ti<:!
C1JP-<
U
H
H
~
~
"
!~
j
;
" ~I
'1J"
.
~~
"
. ~ ~
,l
"
.;.
'"
,". ,
6 '
,
"
.
\~.
, . "[ill] '; ~,,;'
:\ l ~" ~";. '.1
',. ':"-0
!'"
.;~~ '
'.:.1
k,.,;"
". .:tif~~.
~r "'N,_
~h'
;"~H '",',"
'I
"
Jt;."
(J'
~ i\
'~~'i'
'_.~
If
,'.1'
"
'.^ . ,""'. d.;: . ~.'.<,
I<,
00
....:,'
'"i_'
"
d
.
'r;',
J
. /",:
'~'~f~'
~ ~-
....;
.{~'". t
"
~.. ;
~ f/
A,
.1
..~. .
.P-<\.',
:t:) ,r~
Q ~~
;a,
't:~,'
~ ".~'
/",
It.'t ~:"'<.
:";': ,:
\," , "~ ,
.
, ,~
" ~,.
,tJ.... '~~.
" ';':
';,,;1 .~ l
P-< "
'i:l
'~ .>( .,f:?.l. i
, 5 :'1
^" .f/
"
",
,
,,~ '
.; '~
;0
,
, ,
; l'
, '
C "
I;
,
~ ;.'
Uj
,;'{ ;:
"
".'
"",c$..').
<
I
;.
,
"'~"'~
;."""","<.-._,~
~;,. ~
.
,
"'~ "-<,,,"-:~{ ,
.:'"
"
"'.'.
i\
,"
Il<
2
. s.,
<4.
'-"i
I,
~ ;<
r..
,u)
"
"
".\
::,~ ,
:.';\
"'.". , '~', ~~..' ;,
"""",",.,.,.,
''',
:.~ J.
,.
.~. " ~.
!
, "
"
0-1
::>
;:i~
",
,
,:. ,"
"'"
'~'~ 'tr: ~ I ':
,
I....,);,
,
~' '.",
'\.,
. .:,~ ',.'
-'. OJ -t, .. ~
"
A.&:
'."
.:;~~::: ~'l '
"".".'"...
(,
~
~ [66/
I
aunr
'[; /
I
I
I
/
I
I
I
I
/
I
/
I
I
I
/
I
/
L_
--
\
I uawatlDd \
DUlls/xa /\
jO a5pa -./ \
'--
----
----
-
nanD
,01
U'Dld
({ 1 aID:JS
al-~S
----___s--------------,
J
I
I
I
I
I
I
/
I
L__________.,
I
I
I
\
\
-~-------------------------------------
\
\
\
\
\
\
\
)
.. --../-
----
/'
/
L
,/
<................
I
(
-\-
\
\
1
\ "---j-'-&-6+f-'{
I I
~ ..//a:JDds uadO a 1 el/ S/11
'J'S g9Z'fr aDDJa~OJ
jU/JdjooJ Dujpl/ng
)
I
I U / Jdl 00) fU! P f ! nq
\
'-
'---------
---------.,
I
I I
6U!:~!nq -6U~!~~X>- \"
r-------
I
r
/
I
'-... J
--..::........ -------/
-..-.. L
, -
'--
.. .
.. .
.. .
.. .
~-
......
.. .
. .
.. .
. ,
:or:.'".
----,
I
I
I
------r----
____J
---
~--
.. .
'. .
"'7. ..
.. .
. .
.. .
.. ,
.. .
.. .
.. .
., .
. .
.....
.. .
. .
...... ........
.................. ..
........................ ..
...................... ..
........................ ..
...................... ..
........................ .
...................... .
........................ ..
.................. ",,,..
........................ ..
...................... ..
........................ ..
...................... ..
........................ .
~.....-.--.;----..- <r-
........................ ..
.~~.~~.....<.:.
........"!m... .~'-...
'. ...p'.J.I1..... .:" .
.. .. .. .. .... ...' .. ..
............ .." ~. ....
........... .... ""
.4:..:...:.... ..~.~ ".." _~_:..
.............. ......
.. .. .. .. .. .. .. .. ... .. ..
........ ........"......
........ ............
...... ........
..... ....':'t......
.. . ..~.
--- .. . .. .. .. ..
... ......
..... ........~
.... .......
....... .............
.. . . . . .. . . . . . ..
.................. .
_./
..........
..........
.. .
. . .. ..
.........
...........
. . .
. . . .
. . .
.... .
.. .
.... .
.........
.. .
.. .
..........
.. .
.... .
.. .
..... .
" .
..... ..
.. .
.. .
...... ..
.. .
...... .
., .
......f.. .
...... ..
. . .. . .
. . :;. .
.. ....
.." ....
....... ...
. .'/.. .......
':;.. ......
. ......
..... .
.. :-:..:-:..
?.............
....... ..
..............
..............
.............
..... ..
...... .
....... ..
/1
___-11
I
........ ......
. . . . . .f" . .. . ..
..... .......
............ ..
.......,...... ..
.... .........~.......... ...
-#1-......._1..>>1. .. . .. ..
............. ......
................... .
................. ..
................ ..
.................. ..
.................. .
.................. ..
................ .
................ .
................ ..
.............. .
............... .
............. .
................. ..
.............. ..
............... ..
.............. ..
.............. ..
................... .
................... ..
................. ..
............... ..
.............. ..
........... .
. .. . . . . .. . .. . .
.............. .
................ ..
................ ..
... ~..:<-:..;.:.>:~:<
. .. .. . .. .. . .. .. . ..
.. .. . . . .. . . . . .
. . . . .. . . . .. . .
............. .
.................. .
................ .
............. ..
.............. .
.............. .
.......... ....
. . . . .. .. .. .. . ..
........... .
.............. ..
. . . . . . .. . . .
.......... ..
........... ..
. .
.. . .. . . .. . .. . . . ..
............. .
................ ..
.................. .
--------
...... ....
....... ....
..... ...
. .. .....
. .
. .
.. .
. ......
......... ..
.......... ..
.......... .
>ffDMap/S
,....-
/'
/'
/'
"-
---
-----
---
~
~
I
I
I
I
I
I
I
I
'" I
" I
--"1""
I '-.
" !
,,'
1",
I "
I "
I
I
nOM I
I
I ..-
j.,'//
/'
/' i
I
I
I
I
I
.,
"~
................ .
............. ..
............ ..
............ ..
............ ..
............. .
........... .
.......... .
.............. ..
'-
.......-..
----
....-
....-
./
,....-
----
---~--- Jalln5 pUD
Mauj
----
----------
qJn:J
-------------
anuanlf
sU~JfdOH
.
)'
~
.
,1'
~
.
J
<c
.
,1'
~
r
.zll [; ,oz r
..
~, ""
'" -8Oti
.et:::_
.. " ..
]
,
00 :' It J
fOO:' lL J
Ii
.g
DO
00
00
o
c:
"-
"'-
Of <} 0
;;:
.zll 9 ,61 r
-----.,
--------- I
I
I
I
I
I
I
~ I
<:> I
~ I
I
tJ--. I
<::
.- I
~ I
":; I
-Cl I
VI
I
I
I
I
I
I
I
_________-1
----
I
I
I
I
I
I
L.___
;0 ,Of
:::s
o
~
<:>
~ 0
iD
o
D
r 0- pZ
. I
I~.o Ii
.g
t::::>
U
"
n
"
D~ [} J D
o ~O
if)
~
.~
t.:
;3
-
(!)
:::..
(!)
--J ~
(!)
\::) .~
,
\::) (J
c..:,
d
-----.--"'
"-
CD
;:3
~
(l)
~
~
, if)
(:) ~
(:)
-
l.... .~
c: ~
"-
~"
0
~
t
.......
(:)
(:)
-
L....
~
c:
(:)
()
(!)
V)
if)
~
d
r---..;:)
~
~
a
a
~
~
~
(::::)
I
...
----
~
~
----
Q)
----
t:::J
(.)
CI)
...........
(!)
~
8
~
s::_~
"-
~
-
"-
::::)
~
,
"-
. Q,)
CI) -
~
~ :::..
(Q "-
~ -
-
II
---
Q,)
c:
...........
(!)
~---
\::) "-
, '
\::) \::)-
c..:, CI)
"- Cb
(:) ~
(!) ~
:::.. -
"-
II
CI) ::::....
::::) -
- (!)
() ---
~ ~
'--- '-
:>.;;
(!) a
<...l .......
\::) Q...
"Q... ~
V) t::)
tJ) .......
~ a
--
:::..
"-
--J
1
1 if)
~
.~
~
;3
I.....
. a
)' a
----
~ L.t..:. .,,~
c::
- .~
~ ()
d
.0 ,Ofr
J J( : DO
. ~
-....
~
() -- II
~
<;>;
~&J~
.-0,.0
00
.
<:::>
"
~
.O-,Oc
.O-,Oc
lii
il
.
)'
~
000
ih8
D! Lr j D
1(]
.0 ,frc
.
,1'
<:::>
-
=====:::o==r=
. I.....
<:::> a
, I a
~ ----
L.t..:.
Q
c::
a
(..)
0 ~
85
o
.0-,9/
.
<:::>
,I
<:::>
-
(0
r--....;)
r--....;)
~
I
:::
~
if) I
~
~ -----
II
d
:::
~
~ ~
-----
Q)
h -----
~
0 <0
0 Cr)
~
~
--....
~
(3
t:J-,
- w C:;-
--
Q
----
-
~
~
,
"'-
, Q.)
C1) ----
~ ~
\;:J
;:",
'0 -
~ ----
----
-
Ii Q.)
c::
--....
Q.) .
\;:J-,-
\;:J "'-
I..... .
\;:J C)--
'-.:l C1)
"'- c:.o
a ----
lr)
Q.) ~
;:", ----
-
C1) ;:"".,
~ ----
---- Q.)
(..) -
~ \;:J
~.~
~
Q.) a
(..) I.....
\;:J t:::l....
~g-
tJ--, I.....
c:: a
-
;:",
-
-...,J
.
CQ"hk?W
" .g1'l~ ~ ~NMJQH l~
we:
co
----
~..-
o.ctS
0>
:c~
w
,,' ......."
. ..
.'
~
.
'.
I I
I
.
, -~
.~ 1
'. ! ~
, , '
:\ ,
~
.fN~ ~ ~~ JM..
~c
0)0
- .-
- ......
<(~
>
0)
-
w
,/. II:
~ "
',7_
'/ -
~~ -', ~,~--- ~,--,
~~ II..,.
'\: ---.". .
,
, . ..Ill ~'\,.
"..., . "
.".,..,.,>...
me:
-00
Ci5~
>
Q)
-
UJ
~.':'~;=""'::='~
"
~,
~
,
"
_~--=:::'".....____ ':l.
.,.,.,.,......, . ,=~,
"ri_";':~"':.~
~
eNIQ1qf ~ 0tll-AJoH- l.sv;l
="'~
.
=="'"
___._._......._.'u
_'__.~_m_.
. ":::-:...'':.:::::=-:-
..:-=.)0'"""
~..
"~'11'
,
.~. ,--
~~ .,;:.:".,.~',.
~"':""
~-?-":'~:'.. ,) ~',"
'=""=
UI~'..'
. "..1
." ':"',.:<...'
'''. "" . .... t,.....
~,.. .'".. JIll ~
:~c:0 f"-'
1,-. "
'IF." ,.
.. .~ - "'. .....,
-(1".....,
==u..,.~
.~r~
~j~)~'\"~'''. .
,I ~~r,... ..'
'It.~~~"_,~ '; ..",.,., ,j~. ..'
~'.. -'".,~.,;.,,:,; ",.,:A
T .. ,.. ~
. : r. ~
. . I. '."
.. t!~: '~_'.
~~;'rt'.:...'..:;.
~I'
t1Htf~,L,~J
e:
o
.-
......
()
Q)
C/)
I . ~lot)<"
--.-~/-..-~~"7"
",_."i...l
, . ..,--
~'
~
i
,
r ""...:;~ t"::.-
i
, "1..'
! -- II
.".....~r."
.
~'
I
'f:
~:
~.
''''~,JII
.l:.:~.
1L:::-.'~, ,.:.~IIi,~ ,'l\
.~-.'("':'..o1........,I~.,;m)Y.;
.
;
,
I
t.
~
~
,-
~
~~. .
r ·
r
I:
. ~:
~ ~.
~/
6- ' .
..
....
-
,...
population should not over extend the capacities of existing public
facilities. Current facilities are capable of accommodating the
service demands of the" project and its residents.
....
section 7-1102(F). Whether and the extent to which the
proposed amendment would result in significantly adverse
impacts on the natural environment.
The project is within the existing, developed Aspen Townsite and
shall not adversely impact the natural environment. The site is
currently developed with an unoccupied, dilapidated single-family
home.
!""'
...
section 7-1102(G). Whether the proposed amendment is
consistent and compatible with the cOllUllunity character in
the city of Aspen.
,..
,.,
Aspen's neighborhoods, including the commercial Core and East End,
have been traditionally comprised of various housing types,
including those which are affordable by working residents. The
proposed AH amendment is consistent and compatible with the
community character of Aspen
....
section 7-1102 (H) . Whether there have been changed
conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed
amendment.
,..
-
Neighborhood conditions within close proximity of the East Hopkins
parcel have changed significantly in recent years. Substantial
quantities of free-market housing, traditionally used by working
residents, have been removed from the available inventory. A
variety of factors have contributed to this situation: demolition/
redevelopment of older properties, speculative second-home
development, condominiumization, conversion to short-term rental,
and increased rental rates.
,....
....
-
To address the affordable housing problem, the city, County and
Housing Office enacted a comprehensive program. An important
component of this multi-jurisdictional plan is to produce new
affordable units. Affordable housing projects recently completed
include: the eighteen-unit Williams Woods project, the eleven-
uni t West Hopkins proj ect, and three affordable housing units
constructed by Aspen Electric corporation.
The Housing Action Plan of the Aspen Area COllUllunity Plan
establishes a goal of an additional 650 new units to be produced by
the public and private sectors in the short term. The East Hopkins
development is consistent with this production plan.
,..
-
~
.
- 8 -
....
-
....
Recent changes within the community support and strengthen the need
for the proposed Affordable Housing amendment.
section 7-1102(1). Whether the proposed amendment would
be in conflict with the public interest, and is in
harmony with the purpose and intent of this chapter.
The proposed amendment is consistent with established public policy
regarding affordable housing. The adoption of the 1973 Land Use
Plan instituted a policy favoring the development of housing for
employees of the community. The current Land Use Regulations and
the recently adopted Aspen Area community Plan are further
refinements in striving to attain the community's affordable
housing goals.
....,
....
,...
,...
GROW~H MANAGEMENT EXEMP~ION
-
Pursuant to Section 8-104.C.1.c of the regulations, the applicant
requests City Council approval of an exemption from the Growth
Management Quota system for dwelling units deed restricted in
compliance with the Housing Office's Guidelines for affordable
housing. The review criteria for exemption include the city's need
for affordable housing; the development 1 s compliance with the
adopted housing plan; the number, type and location of the proposed
units; and the proposed price categories.
The recently adopted Aspen Area community Plan addresses the need
for affordable housing in the metropolitan area, up valley of Aspen
Village. The plan states that family-oriented ownership units are
particularly needed. The proposed development is for four three-
bedroom ownership units with small private yards which will be very
suitable for families who have very few using opportunities in
the Aspen area. The units will be . recorded Deed
Restriction to housing guidelines for ales units.
....
,..,
....
....
~
SUBDIVISION
,...
Pursuant to Section 3-101 of the Land Use Regulations, land to be
used for condominiums, apartments or any other multiple dwelling
units is subject to the City's review and approval as a
subdivision. Such developments are reviewed pursuant to the
provisions of section 7-1004. C of the Regulations. The review
criteria and the development's compliance are summarized below:
'....
1. The proposed development shall be consistent with the
Aspen Area community Plan.
,.
The 1993 Aspen Area community Plan specifically identifies the East
Hopkins site as a potential site for "moderate density affordable
housing" . The plan notes some concern about traffic and parking at
- 9 -
-
....
~
this site, and the development plan proposes to address this issue
by building at significantly less density than would be permitted.
Four three-bedroom units are proposed for the site, which is
currently zoned RMF, with a development potential of seven three-
bedroom and one two-bedroom affordable units.
-
2. The proposed development shall ~e consistent with the
existing land uses in the area. The proposed subdivision shall not
adversely affect the future development of the surrounding area.
-
....
The proposed development is consistent with the existing land uses
in the surrounding area and will have no adverse affect on the
area's future development. The immediate neighborhood consists of
mixed residential development, including numerous multi-family
rental and condominium structures, duplexes and single-family
residences. The adjacent property on the west is currently vacant,
and could be developed by right to the extent of one single-family
home and one duplex.
-
,....
3. The proposed subdivision shall be in compliance with all
applicable requirements of the Land Use Regulations.
The proposed development has been designed to comply with all
appl icable requirements of the AH zone district and all other
relevant requirements of the Land Use Regulations.
-
~
4. The proposed development shall not be located on land
that is unsuita~le for development because of flooding, drainage,
rock or soil creep, mudflow, rockslide, avalanche or snowslide,
steep topography or other condition that will be harmful to the
health, safety or welfare of the proposed residents.
No natural hazards affect the development of the property. The
property consists of currently platted city lots surrounded on
three sides by fully developed property. Consequently, no adverse
affect upon the health, safety or welfare of the project's
residents is anticipated.
-
-
~
,...
5. 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.
""'
No governmental inefficiencies, duplication of facilities or
unnecessary public costs will result from the proposed development.
All required utilities are currently available in the immediate
site area. Improvements to the street and public right-Of-way,
inCluding sidewalks, curb and gutter, are proposed to be installed
at the developer's expense. The improvements generally required
under subdivision regulations, and the design standards to be
followed in regard to these improvements, are summarized as follows:
..
.
- 10 -
...
...
...
a. Water. It is anticipated that potable water service to the
proposed development will be provided from the existing lines
located in East Hopkins Avenue. A single service line will be
extended from this main to the single multi-family structure.
The Aspen Water Department previously provided service to the
existing (now vacant) single-family home, and has indicated
that re-connection to the existing mains is acceptable, and
that the municipal water system has sufficient capacity to
accommodate the project.
....
-
....
b. Sewer. The proposed development will be served by the
existing eight-inch sanitary sewers located in East Hopkins
Avenue, and the existing four-inch service line on the
property. According to the Aspen Consolidated Sanitation
District, anticipated flows can be accommodated with minor
improvements to the existing line on the property and will
require no improvements to the existing sewer system or
treatment facilities.
.,...
-
-
c. Electric, telephone, natural gas and cable television.
Electric, telephone, natural gas and cable television service
is currently located in the alley adjacent to the property and
will be extended to serve the proposed development as
necessary. All required extensions will be located
underground and will conform to the applicable extension
requirements. It is anticipated that the existing electrical
transformer will be upgraded to serve the development, and the
cost of this upgrade will be borne by the developer.
-
-
~
d. Easements. Easement to accommodate the utility extensions
will be provided in compliance with the applicable provisions
of Section 7-l004.C.4.b of the Regulations or as may be
required by the utility~mpan~Easement will be depicted
on the project's final~ivi~io!yp'lat. C"f.}IJQ ?
,
e. Sidewalks, curb and gutter. There are no existing sidewalks,
curb or gutter on East Hopkins on the project right-of-way.
The applicant proposes to install standard curb and gutter
acceptable to the city Engineer and Streets Department, pave
an unpaved portion of the street from the new curb, and I "1_ v 7
install a sidewalk along the entire right-of-way. ~~ ~~ ~C
f. Fire Protection. Fire protection for the proposed development
will be provided by the Aspen Volunteer Fire Department.
Response time is estimated to be between three (3) and five
(5) minutes. Two fire hydrants are located within 100 feet of
the parcel -- one across the street on Hopkins and one behind
the site on Hyman. The buildings shall conform to Uniform
Building Code standards regarding sprinkling, fire-wall
separation, fire alarms/smoke detectors and extinguishers.
-
-
...
...
...
- 11 -
-
I""
-
g. Drainage. The proposed development's storm drainage system
will be designed to maintain historic flow rates with respect
to surface water runoff and groundwater recharge. On site
drywells and/or surface detention areas will be used to
intercept and detain runoff from building roofs and impervious
areas and to control the rate of groundwater discharge. A
detailed drainage plan will be provided with the applicant's
final plat submission.
-
-
-
h. Roads. Assuming a vehicular trip generation of five trips per
day per dwelling unit, the project would theoretically
generate approximately fifteen vehicle trips per day. The
site is located very near the City's commercial core (three
blocks) and in proximity to the bus system (three blocks), and
it is anticipated that actual vehicular trips will be reduced
thereby.
-
,....
East Hopkins Avenue is fairly narrow where it fronts the
property, and neighbors have experienced access difficulty
especially during the winter when snow accumulates on the
street. In order to mitigate this, the applicant proposes to
widen the pavement on Hopkins Avenue where it fronts the
property. The current pavement width is approximately 20
feet, with ample right-of-way to permit increased street
width. With the improvements to the street provided by this
development, there should be ample capacity for the increased
traffic due to the development.
.....
-
-
i. Final Plat. Section 7-1004.D.2.a.(1) of the Land Use
Regulations required the preparation of a final plat prior to
city Council review of the subdivision application. As the
proposed subdivision will not require creation of separate
lots and because the Planning commission and city council may
require changes to the project design, the applicant proposes
that plat preparation be delayed until City council review.
The applicant would submit a recordable plat and Subdivision
Improvements Agreement as a condition of approval and prior to
issuance of a building permit.
"'"
~
-
STREAM MARGIN REVIEW
....
Pursuant to Section 7-504 of the Land Use Regulations, the
provisions of Stream Margin Review apply to any development within
100 feet, measured horizontally, from the high water line of the
Roaring Fork River. The project site is within this distance and,
therefore, must comply with the review requirements under this
section as follows:
,...
....
-
- 12 -
..
~"j:;""/'.
, ":~,:: " '
.,,~ -,' , ".
~ .' . --, .
0..:
....,.,
~['
z....,
..
-:
::),
0..'
o
o
o
....J
LL
-:n". --
. ~.'. .
"
~ I--
,--
UJ
z
::::i
a:
UJ
t-
~
I'
CD
I
z
oct:
....J
a.
o
o
o
....J
u..
.
. ._ ..-..1
......-..-..- - "!
i I
.
I .
. I
I ,
. I
I .
. -,.-..-:.-.....J
1-'- -..- .
j' oi
I ,
. ._. ___-.1
.-.-.- .
.
I
I
.
I
.
I
.
I
.
I
.
I
J
.
I
.
L _. --,,---J
I. .-.--. ,
! I Ii
I _ I
.
I I
.
I .
. I
J ,
i I
' .
! I
I .
i I
. ,
· - -- ------t
~._. ,
i ' i
. D'
I I
! i
~._._._._._.-i
I
L.. '.___.1
' -----
--.-,
J---- - ..
. I
.
I
I
.
I
.
I -----l
j- .---. i
. .
I ,
.
I
I .
I
,
I .
I
,
I .
I
.
I .
I
.
I ,
I
.
I ,
I
. .
I I
.
. I
I ,
, I
I .
. I
I
.
I
.
.
,. ---..- ----I
---
.
I
I
I
.
I
I
I . _.-'
1____-
~
,
,~
.;
. ,
..../;;,,::.r..ri~:f'_/
I .
L. -. -'-- _. _._.~
i 1 i
I .
. I
I .
. .-----.-.-1
r.-.-', I
.' .
I I
. i
.
I
.
I
.
I
.
! I ,
I . .
. I I
I . .
I io I
L._.___._...J
.
1-.-'-'---.-'1
. .
I
.
I
n.
.
I
.
I
---.-
1------- ---
.
I
.
I
.
I
.
I
.
I
.
I
I
.
. I
I .
. I
~r '-Y-'-1
. . I
I .
It ._._..~
r----'tJ !
I-- - .-. - -'-1
. . i
I .
. I
I i
i i
.
i . I
L- __. _. _.___
.
r
-
"...
1. It can be demonstrated that any proposed development
which is in the special flood hazard area will not increase the
base flood elevation on the parcel proposed for development.
-
The proposed development is outside of the special flood hazard
area as indicated on the Flood Insurance Rate Map, panel 204,
June, 1987.
....
2. Any trail on the parcel designated on the Aspen Area
community Plan parks/Recreation/Open Space/Trails map is dedicated
for pUblic use.
--
No trail is designated on this parcel.
3. The recommendations of the Roaring Fork Greenway Plan are
implemented in the proposed plan for development, to the greatest
extent possible.
Only one area of the proposed development has any relation to the
river: the alley where it dead-ends at the river bank. The area is
currently used as an access driveway for the property, and is
surfaced with gravel. The applicant proposes that this area be
landscaped with trees moved from the building site, and vehicular
access to the property moved to the alley from Cleveland. The
resulting landscaped area, adjacent to the river, will provide
additional greenspace, and access to the river.
-
~
-
,-
4. No vegetation is removed or slope grade changes made that
produce erosion and sedimentation of the stream bank.
-
-
The project site is separated from the stream bank by a fully
developed property and public street and alleyway. Some existing
vegetation on the site will be removed; however, due to the site
topography no removal of vegetation will result in increased
erosion or sedimentation of the stream bank.
-
SPECIAL REVIEW
"'"'
In the AH Zone District, open space and parking requirements are
set by special review. The applicant proposes the following
standards for each of these.
.....
Parkinq
-
The applicant proposes to provide two off-street parking spaces for
each unit, the maximum off-street parking permitted in the AH zone
district. Off-street parking will be provided in a two-car garage
for each unit.
,...
...
- 13 -
-
-
-
ODen SDace
As shown on the attached site plan, the applicant proposes to
provide open space in conformance to the requirements of the RMF
Zone District. A total of approximately 3,270 or 36% of the site
will be undeveloped. This area will meet each of the requirements
of open space definition as follows:
-
-
A.
,...
B.
-
C.
~.
-
D.
E.
,....
-
F.
-
G.
-
-
H.
-
-
The open space shall be open to full view from
the street, as shown on the site plan.
The space shall not be used for
utility/trash service, rear access
structures.
storage,
area or
The space shall have a frontage of ninety feet
on the street, or the entire lot length on
that side.
The minimum depth will be ten feet at the
street.
The open space shall be more than four feet
above the existing grade of the street, but it
shall follow undisturbed natural grade.
The City's pedestrian plan does not require
mid-block walkways in this area.
The applicant shall provide a landscape plan
as part of the final plat; the plan shall be
subject to the approval of the city, and the
developer will provide a bond in a satis-
factory form and an amount sufficient to
ensure compliance with the open space
requirements.
In order to ensure that the landscaped open
space is maintained, the Condominium
Declarations for the project shall provide for
maintenance of the landscaped areas by
individual homeowners or the homeowner's
association.
,...
CONDOMINIUMIZATION
In conformance with section 7-1007 of the Land Use Regulations, the
applicant requests City Council approval of condominiumization. In
accordance with the regulations, the applicant will record a
condominium map and declaration which meets the requirements of the
-
-
- 14 -
....
-
....
....
...
....
-
~
.....
....
....
,...
-
-
.......
-
....
....
-
/1,0 -tr:fI
WMNm ( br~v\!)1J t:i
tf/ttrl.A'
City Engineering Department. The condominium map and declaration ::
will be provided for review upon substantial completion of
construction. Prior to conveyance of individual units, the
condominium map and declarations shall be recorded in the Pitkin
County Clerk and Recorder's Office. The units shall be 100% deed
restricted, and will therefore not require payment of an impact
fee.
VESTED PROPERTY RIGHTS
The applicant requests vested property rights status pursuant to
section 6-207 of the Land Use Regulations. The applicant
understands that final approval must be granted by ordinance by the
city Council and that no specific submission requirements or review
criteria other than a public hearing are required to confer such
status.
- 15 -
-
""
-
-
-
,..
~
-
,...,
...
-
...
...
-
-
...
-
-
""
PROJECT
SITE
VICINITY MAP
- 16 -
-
-
-
-
-
... ...
... ...
. .. . .
... . ....
. .... .
.. . . .
EXHIBITuA"
-
-
-
......
-
-
-
-
-
-
,-
-
-
-
......
,~
-
-
.,,.....
-
"""
-
.....
-
l,
"',,
-
)".~
-
,...
-
-'
-,
,...,
/~
tiig
1>0"
'"
<:0: '
~~~
>08 I;'
81>0 '"
Hffi"lN
('J..... E-il~
~<"
"lfci
U~
'"
<:0: .
01>0
~g:\ii
>08
8'"
tiffi~
><<
"lCl
:,)
~
\S<::I
~
-
)
1-1
,.)
.;
"0
.
>
'"
.
U
.
e<
c
o
,"
""
.
~
.
-
u
.
Cl
"'
"' "
OJ .
01'<-
01 m
" c
.
'" "
e<f--
;.j
. #322852 05lr:':!3/90 13: 45 Rec $5.00 B.< 6::: \PG 20
RccepuonN"'-Silvia Dav,,-:, Pitkin Cnty Clerk, Doc: ......,./.iO
ReconkcJal "~""'''_'''''
I Gnlnlor"D,
WARRANTY DEED
PATRICIA WILLIA/!S CARn
whose address is P.O. Box 30036, Grand Junction
Colorado 81503
*Countyof Mesa , State of
Colorado , for the consideration of
Six Hundred Fifty Thousand
and nO/IOO ($650,000) dollars,inhandpaid,herebysell(s)
and con"y(<) 10 ASPEN/PITKIN COUNTY HOUSING AUTHORITY, a
multi-Jurisdictional Housing Authority pursuant to Colora~o
whose legal address is 39551 Highway 82, Aspen, colorado 31611
law
County of
Pitkin
, and Stale of
colorado
the following real properly in the
Pitkin
, and State of
County of
Colorado. to wit:
PARCEL A:
Lots F, G and H, Block 33,
EAST ASPEN ADDITIONAL TO THB CITY AND Tm~SITE OF ASPF.N
PARCEL B:
Lot 5, Block 5,
RIVERSIDE ADDITION, TO THE CITY AND Try1NSITE OF ~SPEN
TOGETHER HITH a non-exclusive easement and right-of-t.;ay over
and across the easterly fourteen (14) feet of LotQ, Block 33,
East Aspen Addition to the Townsite of Aspen for the purpose
of acceRS to and from the alley located in said Block 33 from
and to Hyman Avenue.
also known by street and number as 1010 E. Hopkins Avenue, Aspen, Colorado 81611
with all its appurtenances, and warrant(s) the title to the same, subject to the lien for ad volorem
taxes for the current year, united States Patent reservations and
exceptions as set forth in Book 180 at Page 454 (affects Parcel A)
and in Book 175 at page 246 (affects Parcel B) ann the month to
month lease with Wylie J. High and Trisha High. All hook and page
references are to the records of the office of the Clerk and
Recorder of Pitkin County, Colorado
Signed this , '1{ Tn day of ?4ay ,19 90 . . '~ \
:R'"r!i,f~\'~l~~\~~' C'~-e)
STATE OF COLORADO.
)ss
County of
r1esa
The foregoing inSlrument WilS acknowledged before me this
by patricia Hilliams Card
I <-"'6 day of
May
.1990
My commission expires S -S - ~ ~
Witness my Q;lI\{hUld~rlid~1 seal.
c:"::-"~f~:<' "'" ,
',: - O. I
'-, ~',,,,,,,~D.J ';:;t::'<;\..-t~
\ ~ r;: ... ....N"''1Yj'It~lt<
~'. Q .::;j! ......-
..............e-'.
.) l:C"
.",.,..."......
.lfinDen1lCr.inserl"Cilyantl."
No. 897. R(>~. 12-85. WARRANTY lIH:O (!ih....ll'arml
llr"dfordl'ubli.bia~.1743 WueeSI., tkuw.,. CO~1l202_Cl(m292.2500_~.89
(~iJl
j.
<
~.
...
-
...
...
-
. .....ExHISIT"BII
...
-
-
,....
-
...
...
-
...
-
,....
...
...
-
-
-
-
-
-
-
-
- ,
-
~: L.~
'I
;it! IV
" 1111 "
~ -:&~.
p2J,.t ,
-
-
-
-
-
-
,...
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PROJECT; rt?hp~ fJ-H C:;//thcil'l,SO>,t"
APPLICANT'S REPRESENTATIVE: VA1/'f!., '-.1) !~Jf1
, "
h0I!ol?~
REPRESENTATIVE'S PHONE:
OWNER'S NAME:
" u Ie
SUMMARY llq//1JLl .'
1. 'l'ype of Application: 5u~k~A)/)O ) Kt-;;J;;J6; GurOs t;XC'+ft ~
2. ,~Describe action/type of development being requested: ~
~ (,tlY/t:.-UM.h-t- if/ ~ 2..sIed ~m..tt r.? 5=ttt...... lIfiJ;.jf..n .
'" ,,' ',' , ". / I "o/~/)
~'G~ J'if
3. ~~ is Wi"" Applicant .~ been requested to nsp.....1/~O
types of reports requested:
Policy Area/
Referral Aqent
~/ ~-r;;
~.TAaf.
-riM
;:Ih
~
'Vwv; ~' , ,
~ !'~
I -----::"'~_!^
Comments
-
~,then t~
4.
Review is: (P&Z
only) ~nlY)
\~JP' (NO)
to be submitted: 26
submit: -/k wivve!)
5.
Public Hearing:
6.
Number of copies of the application
7.
What fee was applicant requested to
8.
Anticipated date of submis
.
fP'R G
9.
COMMENTS/UNIQUE CONCERNS:
AC-
I
fk-~!?
i/z3 r
/j 1/ r. If} /14 7/;::1;_, j)) 9 II?,
frm.pre_app
,...
....
,...
,...
,....
,...
....
.....
...
.....
....
,...
....
...
....
,...
,~
.....
. .
. .. . ...
..E....X.....H..... ..1.'8'...' I'T.............O..
.0.... ... .
. .
.. .
. .
,...
,
Elsa Mitchell
_P,O. Box 2492
Aspen, CO 81612
Norma Lois Dolle
P,O, Box 4901
Aspen, CO 81612
Eugene & Linda Kalnitsky
1701 S. Flagler Dr" #1601
W, Palm Beach, FL 33401
,...
ECI Venture I
Emerging Companies Inc,
....1035 Pearl St., #301
Boulder, CO 80302
Susan Barlow
1010 Grand Ave" #500
Kansas City, MO 64106
Paul & Patricia Schroeder
5020 Center Ct.
Bettendorf, IA 52722
,...
Ernest H, Heydt, Jr.
1024 E, Hopkins Ave" #16
Aspen, CO 81611
Elizabeth & John Fergus
4378 Shire Creek Court
Hilliard, OH 43026
Martin & Jean Stern
1020 E. Hopkins Av.,
Aspen. CO 81611
,...
,...
Jordan L. Paul
1024 E, Hopkins Ave" #13
Aspen, CO 81611
,...
Sandra Williams
718 Heathery Lane
Naples, FL 33963
Jettie M, Kelly
National Bank of Commerce
P,O, Box 82408
Lincoln, NE 68501
Theresa Birrfelder
-1028 E, Hopkins Ave" #24
. Aspen, CO 81611
J, Michael & Dale Solheim
P,O, Box 4811
Aspen, CO 81612
Carl & Helen Marbach
753 Johns Lane
Ombler. PA 19002
,...
Dr, Lothar M, Varady
P,O, Box 5687
-Incline Village, NV 89450
Stella Henry Conner Trust
c/o Nancy F. Gray, Trustee
752 Juniper Hill
Albuquerque. NM 87122
Carl E, Siegesmund
P,O. Box 9680
Aspen, CO 81612
-
Paul & Carole Auvil
1231 Ashland
,... Wilmette, IL 60091
Christine Elkins
1020 E, Hopkins Ave" #26
Aspen, CO 81611
Michael & Jean Churchman
20 Le Mans Court
Shawnee Mission, KS 66028
....William Kenney Revocable
Living Trust
3721 Ventura Dr" #100
!"'" Arlington Heights, IL 60004
Setsuo & Tomoko Ichimara
3-924, Kamiochiai 324-4
Yono-Shi, Saitama 338
JAPAN
Stewart Wallis &
Lyndsay Shaddock
8055 E, Tufts Ave" #600
Denver, CO 80237
,... Margaret Trousdale
7 Alexander Lane
Littleton, CO 80121
Samuel & Ruth Weisbard
1160 Chatfield Road
Winnetka, IL 60093
RitaBlitt
Richard & Peggy Krigel
5530 Mission Drive
Shawnee Mission, KS 66208
,...
Robert & Gloria Lewis
.... 666 N, Lakeshore Dr" #703
Chicago, IL 60611
Robert Cardwell
1672 Louise Street
Laguna Beach, CA 92651
Dale Eubank
1022 E, Hyman Avenue
Aspen, CO 81611
,-
"""
David Muckenhirn
William Evans
-
1250 Snowbunny Lane
~spen, CO 81611
Dr. John Miglion
P,O. Box 80158
San Diego, CA 92138
Dr, Sang & Ann Hann
555 Mayflower Road
Lake Forest,lL 60045
-
::::.M, Clark
P,O, Box 986
...Kalispell, MT 59903
Suzanne & Bulent Minkaya
349 Brampton Lane
Lake Forest, IL 60045
Susan Hunke
1550 S. 8th Street
Fargo, NO 58103
...
Jon Jacoby
0,0, Box 3507
Little Rock, AK 72203
Thomas R. Hex!
Paulette D. Perkins
501 Scenic Way
Great Falls, VA 22066
Frank J, Gleason, Jr,
235 Overland Drive
Sidney,OH 45365
-
-
'<athy & Lisa Fleck
1525 S, Lodge Drive
Sarasota, FL 34236
-
Loretta De Rose
R,F,D. 156, West Lake Dr.
Montauk, NY 11954
Richard Flender
c/o Morgan GuarantyTrust
9 W, 57th Street
New York, NY 10019
R, Michael Pack
~005 Texas SI., Suite 305
San Diego, CA 92108
Frances H, Porter
33970 Meadow Lane
Chagrin Falls, Oh 44022
Stephan H, Hart
Attn: J,W, Davidson, Comptroller
P,O, Box 8749
Denver, CO 80201
-
Julie Peters
P,O, Box 1643
-LI,spen, CO 81612
Philip J, De Cocco
Patricia A. Murray
886 Sturgis Highway
Westport, CT 06880
Michael Di Lorenzo
P.O, Box 1346
New London, NH 03257
...
Stephen & Patricia Kanipe
1015 E, Hyman Ave" #3
_Aspen, CO 81611
Ronald and Jan Greenberg
3 Brentmoor Park
SI. Louis, MO 63105
Michael J, Gaffney
8 Briarwood Lane
New Hartford, NY 13413
"""Geehan Consultants, lnc,
12 East Church Street
Adams, NY 13605
Seymour Linden
1981 Westridge Road
Los Angeles, CA 90049
Martin & Helen Fine
58 Samana Drive
Miami, FL 33133
-
Edgar & Mary Ingalls
-19450 Cedarhurst
Wayzata,MN 55391
Roderick F, McPhee
Punahou School
25 Pipeic pali
Honolulu, HI 96802
Lawrence & Francine Blum
10100 Hidden Place
Miami, FL 33156
,....
Robert & Elissa Kenna
_505 South Beach Road
Hobo Sound, Fl 33455
J, W. McMichael, Jr,
Trustee of McMichael Rev, Trust
6600 S, Yale, Sutte 666
Tulsa, OK 74136
Estelle Stone Ellis
5049 Wornal Road
Kansas City, KS 64112
,-
-
Neligh C, Coates, Jr,
_Coates Reid and Waldron
" 720 East Hyman Avenue
Aspen, CO 81611
-
W,D, Frederick
c/o City Hall
_400 South Orange Avenue
Orlando, FL 32801
'""Oscar & Fabian Uribe, Jr,
Privada De Tanforan 24
Lomas Hipodromo, MEXICO D,F,
,.. 53900
...
David F. Markel
MDI,lnc,
...
537 Apple Street
W, Conshohocken, PA 19428
,-Moore Properties, LId,
Covington and Burling
P,O, Box 7566
... Washington, D,C, 20044
Mickie Flanigan
'""514 Signal Hill Road
Barrington, IL 60016
-
Rae 0, Marasco
... 653 26% Road
Grand Junction, CO 81501
-
Robert L. Card
P,O, Box 30036
_Grand Junction, CO 81503
-
" Dwight W, Arundale
P,O Box 885
Edgartown, MA 02539
...
_ Mel Seid
1104 Dale Avenue
Aspen, CO 81611
'""
Emerging Companies, Inc,
A Colorado Corporation
1035 Pearl Street, #301
Boulder, CO 80302
Melinda S, Norton
3740 Center Way
Fairfax. VA 22033
A & S Grossblatt Trust
630 North Crescent Drive
Beverly Hills, CA 90210
Thomas & Darlynn Fellman
9906 Broadmoor
Omaha, NE 68114
Joan Getz
283 Catalonia
Coral Gables, FL 33134
Carol L. Davis
7715 Westview
Houston, TX 77055
P,S.w,D, Investment Co, LId,
215 S, Monarch, Suite 101
Aspen,CO 81611
Philip E, Diamond
350 Steuart St., 6th Fir,
Houston, TX 77055
Harry C, Moore
M&I Bank; c/o Bonnie Wetter
500 Grand Avenue
Beloit, WI 53511
Susan K, Gordy
David A. Epstein
1723 North Fremont
Chicago,lL 60614
Florence E. Hose
926 East Hopkins Ave,
Aspen, CO 81611
Thomas & Mona Loa
3939 Villa Costera
Mailbu, CA 90265
Valley-Hi Development Trust
215 S, Monarch St., #101
Aspen, CO 81611
Richard & Nancy Head
1960 Loop Road
Fortuna, CA 95540
Amber Armstrong Trust
4403 Kahala Avenue
Honolulu, HI 96816
Stanley & Kandi Shaffran
0164 Lupine Drive
Aspen, CO 81611
Robert L. Wolfson, Jr,
P,O. Box 418200
Kansas City, MO 64141
Arthur E. Graham
Judy Ann Jensen
1717 Mott-Smith Dr" #2113
Honolulu, HI 96822
Sallyanne C, Johnson
P,O, Box 5050
Aspen, CO 81612
p, L. and A. Inc.
9727 Spring Street
Omaha, NE 68124
-
_Edward & Diana Van Deusen
P,O, Box 219
Dana Point, CA 92629
Frederick Vendola
3555 East Road
Palisade, CO 81526
Joyce K, Murray
P,O, Box 352
Aspen, CO 81612
-
Harry & R,D, Bass
-a33 Douglas Ave" #1400
Dallas, TX 75225
Jerry & Florence Leibell
25 Berkeley Terrace
Livingston, NJ 07039
Phyllis A. Kenny
98 Glen Dee Road #16
Aspen, CO 81611
,-
L&E Properties, Ltd,
145 South Grape Street
-Denver, CO 80222
Leslie & Sandra Scott
7215 Masonville Drive
Annandale, VA 22003
Dorothy A. Kelleher
P.O, Box 1
Aspen, CO 81612
-
Mountain House Partnership
c/o John Robert Werning
-905 East Hopkins Avenue
Aspen, CO 81611
Richard p, Boyd
P,O. Box 10984
Aspen, CO 81612
The Independence Company
c/o Robert Goldberg
1875 Century Park E, #1300
Los Angeles, CA 90067
,...Judith A. Eisen
P,O, box 10042
Aspen, CO 81612
Mountain States Communication
310 East Main Street
Aspen,CO 81611
Mary Ann Robinson
453 Yacht Harbor Drive
Osprey, FL 34229
-
Bertram C. Petersen
-915 E, Hopkins, #8
Aspen, CO 81611
Dan P. Steinman
2336 N. Commonweatth #401
Chicago, IL 60614
Charles & Jeanne Wichman
P,O, Box 656
Honolulu, HI 96809
-
Susan Saltzman
_915 East Hopkins
Aspen, CO 81611
Sandra M. Stuller
P,O, Box 2584
Aspen, CO 81612
Dennis & Alice Cirillo
301 East 73 Street
New York, NY 10021
-
George McGrath
Janet McGrath Jones
-P,O, Box 301
Aspen, CO 81612
Bonnie M, Schriner
2635 17th Street
Denver, CO 80211
Robert & Beatrice Kreitz
1307 Van Steffy Avenue
Wyomissing, PA 19610
-
Kyle K. Boyd
P,O, Box 9949
Aspen, CO 81612
Mary & Karen Polite
P,O, Box 2132
Aspen, CO 81612
Charles W, Hood
P,O, Box 9276
Aspen, CO 81612
-
_ Martha Jane Suits
P,O. Box 8261
Aspen, CO 81612
Philip J. O'Donnell
4260 Central Avenue
St. Petersburg, FL 33711
Barbara Gameroff
990 E, Hyman Ave., #1
Aspen, CO 81611
,-
/"'"
,...Rosalind Hopp
107 South Warbler Lane
Sarasota, FL 34236
/"'"
Joan M, Sparling
1""'300 Puppy Smith Street
Aspen,CO 81611
/"'"
Thomas C, Peckham
P,O, Box 9766
:Aspen, CO 81612
-
James R, Paul
P,O, Box 10505
-
Marina Del Rey, CA 90295
-Margaret R, Spencer
123 Walnut Street
New Orleans, LA 70115
-
John and Gale Gates
I""'P,O, Box 9907
Aspen, CO 81612
-
Raymond & Jessie Bates
_819 East Hopkins Avenue
Aspen, CO 81611
-
*
-
-
*
-*
I'""
1""'*\
...-"
...
~..
r-...
...
-
-
...
EXHIBITIIDII
...
-
-
-
-
...
-
-
-
...
-
...
!"""
...
...
...
...
-
...
-
...
...
,...
...
...
,...
...
...
...
...
...
August 11, 1993
,-,P,O, Box 2155
'Aspen, Colorado 81612
(303) 925-6727
Fax (303) 925-4157
SCHMUEsf""".ORDOH MEYER IHe.
CONSULTING ENGINEERS & SURVEYORS
Mr, Dave Tolen
ASPEN/PITKIN HOUSING AUTHORITY
530 East Main Street, Lower Level
Aspen, CO, 81611
RE: East Hopkins Affordable Housina Proiect, Enaineering Report
Dear Dave:
This letter comprises an Engineering Report for the proposed East Hopkins affordable housing
project in Aspen, Colorado, My comments are based on our meeting of July 27, 1993,
discussions and site visits with the primary utilities and conversations with project architect Raul
Gawrys.
Introduction
The East Hopkins affordable housing project is located at 1017 East Hopkins Avenue (although
driveway access is currently off of the cul-de-sac at the end of East Hyman) in Block 33 of the
East Aspen Townsite Addition, The project proposal is for a fourplex condominium structure
comprising two three-bedroom, two bath units and two three-bedroom, two and one half bath
units. The project is subject to two-step subdivision, growth management exemption, stream
margin and rezoning" approval procedures. This report is prepared in support of the first-step
subdivision process. Subsequent reports, final plat and condominium mapping will be prepared
by our firm as required,
Utilities
The East Hopkins site is located in an area of Aspen that is generally well-served by existing
utilities, Several utility changes and relocations are proposed in the alley to the southwest of the
East Hopkins site due to other impacts by a duplex project at 1010/1014 East Hyman, Utilities
are generally aware of the need to serve the East Hopkins property and their relocation work will
accommodate service to this site, Specifically, utility availability is as follows;
1,
Water City of Aspen Water Superintendent Larry Ballenger indicates that water
service is available to this project from the existing 6 inch diameter cast iron water
main in East Hopkins Avenue, Due to the fact that both water and sewer mains
serving this site are located in East Hopkins, care must be taken to maintain good
separation (10 feet horizontally) between the water and sewer services, This will
1001 Grand Avenue, Suite 2-E . GJenwood Springs, Colorado 81601 . (303) 945.1004
...
.~
I "\
-
-
August 11, 1993
Mr, Dave Tolen
Page 2
-
-
...
...
-
...
...
-
...
...
...
...
-
-
.!""
avoid cross contamination should the sewer service leak in any manner, Larry
indicates that no special constraints exist for water service to this site and that
capacity is available from the City water system, There is an existing fire hydrant
on the north side of Hopkins Avenue just east of the East Hopkins affordable
housing site. Given the age of the existing structure, there is little likelihood of a
conventional tap fee credit for the property although a tap fee waiver for 100%
affordable housing should be available from the City,
2,
Sewer The main sewer trunk line passes near the site in East Hopkins Avenue.
Tom Bracewell, System Superintendent for the Aspen Consolidated Sanitation
District (ACSD), indicates that service to the property is available from this existing
10 inch diameter line, Tom further indicates that there is a relatively new service
line that was installed for the existing home on the site which should be in good
condition, This service line is probably useable providing its grade condition is
appropriate to the new structure, Capacity is available within the ACSD system
to accommodate this project. Again, given the age of the existing house, a tap
fee credit is unlikely. Unlike the City Water Department, the ACSD does not
provide tap fee relief to affordable housing,
3.
Electric City of Aspen Electric Superintendent Bill Early indicates that there is
capacity to serve this project from existing facilities in the alley of Block 33, These
electric lines are to be relocated and a new transformer placed on the northeast
corner of Cleveland Street and the alley of Block 33 to accommodate changes to
the alley grade to benefit the new duplex residence at 1010/1014 East Hyman
Avenue, Bill indicates that conduit will be placed in the alley to anticipate the
future service needs of the East Hopkins affordable housing project at such time
as the lines are relocated (probably within the next 30 days).
Service will be subject to construction of a secondary line within the property and
all normal connection and meter charges. In order to determine the actual service
requirements, Bill Early requests information from the mechanical system designer
regarding electrical load requirements, Project Architect Raul Gawrys informs me
that gas heat will be utilized, which should keep electric requirements to a
minimum, but that detailed mechanical design and relevant informatin on electric
load requirements is not yet complete,
4,
Miscellaneous Utilities Gas, phone and cable TV lines are all available in the alley
of Block 33 and will also be subject to relocation due to the changes in grade
benefitting 1010/1014 East Hyman Avenue, Service to the East Hopkins
affordable housing project will be available from the alley subject, once again, to
normal service line construction and connection charges,
SCHMUESER GORDON MEYER, INC,
-
....
....
....
....
....
....
....
....
--
,...
....
....
....
....
August 11, 1993
Mr, Dave Tolen
Page 3
.,-.,
....
I hope this information will be sufficient for submission of the first-step subdivision application for
the East Hopkins affordable housing project. If you require additional information or comment,
feel free to contact me.
....
Very Truly Yours,
SCHMUESER GORDON M ER INC,
....
y W, Hammond, P,E,
Principal, Aspen Office
JHJJh 93137ER
SCHMUESER GORDON MEYER, INC,
1""'"
-U\\ifl
--
Page 10
7/19/93. Aspen NeighborhoodGuidelines
III. GUIDELINES FOR THE EAST END,
SOUTH OF MAIN NEIGHBORHOOD
A. Historic,character of the South of Main Neighborhood
1. Early miner's cottages, scattered
2. Early ski lodging, two stories in height
3. Early alpine architecture, wood and stucco; balconies overhang.
4. Developed with curvilinear streets, as a newer neighborhood.
B. Current character of the South of Main Neighborhood
1. Mixed scale, from single family to multi-family
2. Clearly defined streets and yards
3. Great variety in architecture, which is an asset
4. Intermittent sidewalks; pedestrian plan calls for completing
them.
C. Development trends in the South of Main Neighborhood
1. Large scale single family houses are appearing, which may
change the scale of the neighborhood. ,
2, Large scale multi-family houses are also appearing.
D. Goals for the South of Main Neighborhood
1. To strengthen the traditional scale of single family residential.
2. To develop accommodations buildings that are more compatible
with neighborhood character
3. To promote a sense of integration in the neighborhood
4. To relate to the proposed sidewalks in this area.
E. South of Main Neighborhood design policies
1, Mass & Scale
a. New building sholJ.ld be sensitive to existing, smaller
buildings.
b. Buildings should be similar in scale to traditional
residential structures of the neighborhood.
c. Divide larger projects into'modules that are similar to
those of buildings seen traditionally.
d. Step buildings down in scale as the approach adjacent
smaller structures.
e. Use windows and doors that are similar in size and shape
to those seen traditionally to help establish a sense of
scale,
f. The solid-to-void ratio should be similar that seen
traditionally in residential areas of Aspen, as seen from
the street
Winter & Company
t""'\
7/19/93 . Aspen Neighborhood' ,,,' .,delines
DRiFT
"....-.....,'=. -.. .'.
Page 11
2, Building form
a. Buildings should have simple, rectilinear forms as their
primary form.
b. Roof: Gable forms are preferred -for all buildings in this
neighborhood,
c. Appurtenances: Variety is encouraged; contemporary
interpretations are encouraged.
3. Site plan
a. Provide a front yard.
b. Buffer edges of the site from adjacent properties with
fences or hedges.
c. Clearly define the yard; minimize paving exposed to street
d. Locate the primary floor at or near sidewalk grade; avoid
sunken terraces that separate the main entrance from the
street level.
4, Materials
a. Use "natural, or native" building materials.
b. Doors and entrances - Materials are not re'lLiewed.
c. Windows - Materials are not reviewed., .
d.
5. Architectural features
a. Porches: Provide porches, orie,nted to the street and scaled
to be similar to those seen historically. Should be
dominant.
b, Doors and entrances: Clearly identify the primary
entrance. The entry should be in scale with those seen
traditionally in residential areas of Aspen. Use doors
similar in scale to those seen traditionally in residential
areas of Aspen. "
c, Consider a central, shared entry for multi-family units
that would appear to be a single, dominant entry.
d. Windows: Use windows that are similar in scale to those
seen traditionally in residential areas of Aspen,
e, Eave depths: Should be similar to those seen traditionally
in residential areas of Aspen; these provide scale, and a
shadow line that helps give interest and a sense of
pedestrian scale.
Winter & Company
'.
,-"
7/19/93. Aspen Neighborhood ,-,uidelines
6. Parking
lUll
Page 12
a. Garages:
(1) Detached garages are preferred, These will help
reduce the perceived scale of the overall
development.
(2) Where garages are visible from the street, use the
smallest garage doors possible, to reduce their
visual impact. Treat the door to appear similar to,
background siding materials.
(3) When garages are to be attached, minimize the
percentage of overall building front that is allocated
to garages. The width of the garage should be less
than 50% of the building frontage. Single car
garages are preferred (for single family houses).
b. Driveways
(1) Locate drives to the side or rear of buildings where
feasible.
(2) Differentiate drive paving materials from that of
the ,street. This will help to reduce perceived scale.
Decorative patterns are encouraged. Porous
materials are encouraged.
. (3) When a garage is to be attached and face the street,
slope the driveway downward toward the building
to reduce the perceived height of the garage. Loc ate
the garage level slightly below grade, to minimize
its perceived mass.
7. Historic buildings
a. Preserve historic structures. (See rehabilitation guidelines)
b, New buildings should step down in scale when they are
adjacent to historic structures.
Winter & Company
r~_e~~~~~_~u~~:ng
I I
I I
~------~ L_________ _,
Hopn:ns Avenue
-
.---
--- -
-----'"
/
// sidewalk
.--
..........
...........
..........
...........
..........
..........
..........
..........
...........
...........
...........
...........
...........
..........
...........
ii~il
~/~~~~~~f:~1~~~t~
... . .....
;..;... -.......
---- . ... '-.
r---- ..... --- ..: -...L' -......._
___J..___ '''; -... I --___---.:-'"
I ... . "
I .:':. I
I :.:.; I
L-____} __ ,.. -J
,
,
I
,
i
,
,
I
,
,
I
,
.1"
.......... ~-
......
.....
j !!!!!%
: .:-:1.-:.:
:'.r:';':-
I .....'..,
:,/ :~:~:~:
.....r ...,
:,./ I :::::::
I walk .......
: . : ~: ~:~:
'\ I .,..
'\. I .......
'-~ :::::::
,'\ ,
. \
I "',.".,",..'
" : " \~:r~:::
'- k .....~~:... -->
'I: ,'-, ~~}fiktmr //
'...:~~.r4,:.:.
I ..')~........
" :::::-:.~~~~:
....~;-'~";":"';-'-.
I I ii!iliiiiiii!Iiiii!!!!
@ .'.,'.;..
..-
...
Site Plan
scale 1"=10'
,
'r
il
-"',
\
bui Idin4 footprint
J
{
Buildfng Footprint
C01erage - 4,268 s.},
Visifle Open Space/' \
-f I \
- J,-1+9-s-, -j I
\
I
I
I
I
L__________,
I
I
I
I
I
I
I
I
L______________I-~-----
_/
r--
(
\
\
\
\
alley
.,~:r/f')'"
/.-.\
June 15,
t
1\\
')1>-.;,\"""
~
" -B/'I1;ttH ~ ~H/-'/JQH 1<;M;!
cnc
co
----
~-
a.a3
06)
:t:-
w
~
.
.~
I
"... ."
,,'
,,'
'.' .
>.c:
0>0
-.-
-......
<(rn
>
0>
-
UJ
1""'\
~
-GNtvItl+ ~ ~i>\dttt jUI.
~
eNIQW ~ 0Nt-,lJoH- lc;V:l
e:
o
----f"""',,-----
Q)e:
"00
Ci)~
>
Q)
W
""'dfff'
_...~-
tlMrl
_""'=3=
.__l
-
U
Q)
(f)
I!
i
i ~
r--,
f
.l/I 9-,Ol
f
,-,.
.l/I 9-,61
.
;r.....
't-
. .
1;..;;
Jrr=) )J
lOrr=))J
o
,~
~
OI O~[]
J
;>t;
J
;>t;
..
13
-
------------j
I
I
I
I
I
I
.. I
~ I
1< I
I
~ I
:t; 1
- I
I
~ I
vi
I
I
I I
I I
I I
I I
I ______~
1-.-...--------
;0-,0;
IS
"
{;" 0
~D
i
o
D
f
....
CO>
CO>
--
'-'-
c::
'-
~
r
....
CO>
CO>
--
'-'-
"<:::l
c::
CO>
<.>
~
C/)
--j..;)
.~
~
~
--
'"
>..
'"
-.J
'"
to
....
to
~
~
.~
()
d
------
'" -
"" -.
to "-
~ ~
~ '"
"-~
CO> LC')
'" ,
>.. --
.~ ::.....
:::, --
--- -- '"
<.> -.
II ~ /j2
::: '-.~
'" CO>
~ <.>....
"- to ~
--- b} &
"" ....
c:: CO>
~
c::::,
I
------
~
c'3
""
c::
--
"<:::l
--
--
:::,
~
"-
'"
'" --
~ -g
>..
'-
, --
--
-.
II '"
c::
Ql
---
"C:)
(,)
tI)
--
>..
-.J
;;;;
J
'"
.
J
"l
/la-,;Z
t
c=J~ [}
~o
10
<ll
CD
~
~
CD
.~
~
C/)
~
.~
---<
o
b:;
C/)
~
d
......;:,
~
&-.
o
o
......;:,
~
o
r-..
1
,0C,Ofr
o t~OlO
At : LOD
OV,~
'-
~
,
J
~
,0-,0.
iP
'"
CJ ~[} tli
tJ ! 0
,0--, fr.
,0--,0.
aba
,.0-,9/
.t'""'\
-r
,
J
[:(j
,
J
~
,
J
[:(j
.
J
~
C/)
--j-..;)
'~
~
;3
....
'"
'"
......
L....
'"
-
~
........
-i'5
(5
""
'::
""
......
:::.
~
......:
, .,
'" ......
~~
<.c .:::
, ......
......
II ~
........'"
.,
",,-:
'" '<-.
....
'" .
'-" ~
'<-. 'C
'" ......
., lr)
"" '
......
-
~~
...... .,
<.:> ......
'" '"
~.~
., '"
<.:> '"
'" ~
<5}@-
"" ....
'" '"
""
CI.l
--
(:)
'-' -
en -.J
Q)
--..:,
--..:,
~
I
....
'"
'"
;:;::
""
'"
'"
<.:>
.,
V)
~
<::::,
C/) I
g --
II
r--...:;;, ~
~ ~
--
t-
O
o
--..:,
~
"" '_ ~ FOR, Qc~ ~,""'p' -
r". i-' , I.J A,_.....~J ._1_1 ~
\"..~:<,..,-~- , ~""- "'1''''
"/' TO: THE ASPEN HOUSING BOARD AND THE ASPEN CITY COUNCIL ~
/ FROM: E. HOPKINS AREA RESIDENTS
,/,/' RE: A PETITION FOR THE EAST HOPKINS EMPLOYEE HOUSING
j' DATE: APRIL 20, 1993
, \ S
PROJECT 10; _
=; 9/Cin nnf ~
:J-~
l$D l'Orf)
NCar!
PETiTION:
WE, THE UNDERSIGNED RESIDENTS OF THE EAST HOPKINS AREA, WHO WOULD
BE MOST IMPACTED BY THE PROPOSED E. HOE>KINS PROJECT AND MANY OF
WHOM ARE EMPLOYEES OURSELVES, AFFIRM OUR DESIRE TO HAVE EMPLOYEE
HOUSING 'FAMILIES' LIVE IN OUR NEIGHBORHOOD.
WE WANT TO COOPERATE WITH THE ASPEN HOUSING AUTHORITY AND CITY
COUNCIL TO HAVE THIS BE A SUCCUSSFUL PROJECT FOR ALL CONCERNED.
WE ARE CONCERNED ABOUT THE HUMAN, BUILDING, AND PARKING DENSITY
THAT IS CREATED BY BUILDING A 4 TO 6 UNIT COMPLEX OF 12 BEDROOMS
ON A 9,000 SQ. FT. LOT ON A BLOCK THAT NOW HAS ONLY SINGLE FAMILY
RESIDENCES AND DUPLEXES.
FROM OUR. POINT OF VIEW, OUR NEI!3HBORHOOD CONCERNS WOULD BE MET,
CONSISTANT WITH THE ASPEN COMMUNITY E>LAN GUIDLINES FOR HONORING
NEIGHBORHOOD CONCERNS, IF THE FOLLOWING ACTIONS WERE UNDERTAKEN IN
BUILDING THE FAMILY EMpLOYEE HOUSING:
1. BUILD 3 THREE BEDROOM 'FAMILY' UNITS, RATHER THAN THREE UNITS
AND 3 STUDIOS.
2. SINCE PARKING IS SUCH A SlGNIFICANT PROBLEM, DEED RESTRICT THE
OCCUPANCY TO FAMILIES WITH COMBINED DRIVING AGE ADULTS WHICH" DO
NOT EXCEED THE NUMBER OF OFF STREET PARKING SPACES PROVIDED.
3. DEED RESTRICT THE OCCUPANCY TO ASPEN R.ESIDENTS WHO ALSO WORK IN
ASE>EN AND NOT, FOR EXAMPLE, THE AIRPORT BUSINESS CENTER, SNOWMASS,
ETC
4. DO NOT ALLOW SETBACK OR O'l'HER VARIANCES, FROM WHAT A PRIVATE
DEVELOPER WOULD BE ALLOWED FOR A PRIVATE DEVELOPMENT ON THIS SITE,
WITHOUT AN E.HOPKINS QUALITY CONTROL COMMITTEE APPROVAL.
5. WIDEN E. HOPKINS, PROVIDING A SIDEWALK, CURBS, AND LANDSCAPING
FOR 'l'HE MANY PEDESTRIANS WHO WALK ACROSS 'l'HE E. HOPKINS BRIDGE.
6. MAINTAIN THE SAME NUMBER OF . ON-STREET' E>ARKING SPACES.
7. ALLOW THE E. HOPKINS QUALITY CONTROL COMMITTEE TO PARTICIPATE
IN THE DESIGN OF THE UNITS AND LANDSCAPING.
8. FINISH AND PAVE 'l'HE ALLEY BmIIND THE E>ROJECT WI'l'H ACCESS ONLY
FROM CLEVELAND ST. TO MINIMIZE THE IMPACT ON THE NEIGHBORS.
9. CREATE OFF STREET A'ITRACTIVE DUMPSTERS OR GARBAGE COLLECTION
AREAS.
-6-
'<
~6
"
^
,o.,."{.."
;'
,
;:'
/
/
,,'
,i
,Ii
~.
PETITIONED BY THE FOLLOWING E. HOPKINS AREA RESIDENTS:
NAME: (SIGN & PRINT)
L A.., J~ G"fSf,n~~
2. -~ u;.;- e hKC5 f//::Uvo
3. ~~ g>~
4~~q/C~cJ
:: ~~erV(z,~ ~
B. wt c,
9. "If) __~i;( tV ~~
10 ...!/ i07vv
:::~~~.
13 .>txh~
14(~ ~
15. ::TUW 1.0 ~oP <:: ('((,;><<-0-1 Il.i. a,t<..
16. . (VJaR. 90)1 d t3. "tf2oc.JsJ..je
17. P",Cl/ )::. 'Seht<DeJ.t;>C-.
lB. pc<J--\,~:a. 'Se..h tZo eJete
19. t06..ol o.uu,l
20. (!c,po(", l'ievli{> Ood.l
;D~.Nrl-L" C, -:IJ",Ll..~
21.
ADDRESS:
I O~d C. j..(Op{<<oL.s,~<.? ~ ~~
It) 2.0 Z ~~ ~ tl;:;.g
?? C( <J E I!op K' IV .5
/0 7 ~- c:: I/o j ~-t.~
&5((1500 ~BrV 0 ' ,
IJ~~;fW~
flo" &1-r I ~ ~f;t
(
/0 J ~- ~Ol'/(/;';J '
ItJ 28' 8. /1aflk?k'>i #' 2f
\078 f3- HOpb(\~
;07-8 C ~"c "~3
! 0.;2. S- E He1fk..,-~ # 2. 3.
- -I 9 Z-6 ~. +/"'pl:-IA:iS .ii'.
I 02." E, l-i-o pI< I/O S _
'C
loz.<{ i l~pl< )105, 14. /2
(D2.'1 ~. ~ lJl1.. i,
o !:i-
1 c.>2.. 'i ~ f.io.p ~ 1'(
f 0 <. 4' ~,H-o p~ .kI It{
"
..
e:J::" " :'l!Z-/
f<.tlllll/)Lt0
,.
22. ~ ~ &e.ez " i6 '#C' C f(~;:lu #-- 2...)
23. :rN~E, DlO~'i. ~ '3~ (.!( I{
24 ~ I to yO b,l-!~ 1IY
25:~])aVc~ fj CW\ ~b~y C(Ds E,lnp~1'j0
o OfClcrllUJ S'51J~~, cVl.<L c\-if<<;hd /-. ~ ORLYIIJC(j~ (~~
~ Ct...(.<. IS. 4..-1 ~ t-ku..! ({oy ~ri"t-, 'f'\. S <f.>>-rdW.e.,. iii ') "UJ.
r"'"
,-'
""'=e -:E :E
N::J: ,.. :J:; m
-
Om -4 m -4 )>
Z:c - Z :J:
i: V>
Om . . -4
m -4
:c" . . :J: :t
,-4 " =e. :J:
'''.' m
en m,. 0 0
::J:- "
. . C > "
s::;! w c:
c Z (f) (J) "
-- m "'0 -
r-Z " - Z
rO . en z m V>
s: C G) Z
s:0 . ?( --- =e
-4 OJ "
me: - 0
0 ... 0 -4
mZ i: )> " :c
i~ co :c - "
. . ?( z
0 c en
G)r- 0 ("') m
- ..". V>
:caJ "tI N 0 V>
.
o:c s: ... c: -
0> . ..". Z 0
s:~ CD ~ Z
CD
W
~..
.;
l'
4
-J~
-~
Pc.......
~ <>-
:5 :r-
() C.
1
1""">.
1"""'\
.,
OIllIllCll
O~~!
~ '0 :
'" 0 :t>
::l ~ 0 . r 8 ~ort8 -I
....~ Ul t<: ::r rt....::r::r "
rt .... rt CIl PJ ....CIl
'<: g:::l iil () rtrtUl~ :::c "
OCll(llt'j p.~CIl o CIl ~ rt'p. '" CIl 0 ~ ........8 :>> ~ ::rOO CIl rn 0(;)
,~ CIl:>> CIl (Il !'l ::r::l ::rCll ~::l ! oorte Ho CIl CIl ~ 0
"p.tIl 00'0 llIUl CIl < 0-0 o ~ ~ Ho ::l O(ll :t> ;:JJO
::l....~8 ~o::r ~ '" ::r CIl PJ 0 .... rt 0 bi::r:g:~
CIl rt CIl 10 1lI 1lI~ PJ 01-' ::l t= ::l III ....::f ~ O:t>
....::f- ::r: 1lI ::l Ul 0.... ~ ::f0 ~ .... I-' a g.l1> p. ..O(t)r' 00
100PJO UJ ,....p. rt::l .... llJ'O PJ PJ .Q' 1lI "'!'l'<: :t>.
g:"'rt'1l CIl"" CIllO " ~ .... ~IO Ho~::lCll 0- ~ "'0
~.~. ~ .... PJ ::l CIl.... PJ :0' rt X I-' j-oA'~.s>> moo
o rt :>: 'O::l::l 05 ::l 010 PJ::l '1l 0- CIl .... rt CIl ::l::lp. rn
~ollJ!;1 ~IOIO 10 rt ..10 I-' ~ ~ rt CIl' 10 0 Z .0
::rop.tIl 0 Hot= CIl ~ 1lI ....~'<: ::l ::r: ....'0
g.g CIl 0 P. ~ '<: ~ !'l ::l 0 - rt 0 :>>rtrt
t= rt.g rt .... CIl 1lI .... - . rt .... rt '" o ~ CIl :t> rn"
p.~::l~ o::r ::r::l llJ 01-' ::l fJl ~ r1':I:p.
. 0 ~ rtllJ CIllO ~ Hol-' Ho Ort::r .... :C-l
a ::tM .... rt PJ I .... tJl o-:e:llJ ::l ....0 :>> ;:JJ
I-' 0.... ~ rttJl I-' '0 10 o '" ~
....'<: () o .... CIl .... rt ::lfJl'O rn O:c
tJl 1-3 :'lrtrt o ~ 0 ::ro I-' {\)
.... rt H m 0 '" {\) PJ 0 ol-'rt .... ....CIl :t> Crn
::l::r<l ::r'<: ::l I-' P. .... o""::r ~ '1l::l::l
IOPJt'l .... (:; 0 P. o CIl ~ Ho a::r CIl 1-'10 :>> ~m
rttll ~ ::la 0 .... CIl PJ PJ Ill:>> ~ (")
rt .. P. ....'0 0 ~ ~ CIl 0 <0 ::l :::So{\)
::roo 0 CIl rtPJ " I-' IlICIlO rtlll 0 Z:t>
:e:~ '<rt ::l '" ~ ::f m ....
(\) 8 CIl ........-. .... ...." 'CIl ::l.... 0 0 ~ ........() G>oo
0<:< 1-'10 tr ~ ...' P. '0 (:; 'Ort(:; :::sO 0 S
::r....CIl I-':::S tJl rtCll a ~ (\)o:::s CIl ~:::Sm
PJp.1-' I-' ::r '<:::s CIl .... g'O .... ~ 0-1
~(\)o (\) .... -. rt :::s :::s ~rt g '" '1l", S
....1lI '0 rt 10 PJO'<
PJ~'O :e: p.1-':::s rn:::C
OPJrT :::S::l .... ::f ::1< CIl CIl PJ.... C
Op. .rT 0 ...' '0 (\) ...." ::l ~::lrT <0
rTtJl::r (:; 0 :::s p. llJ rT
(\) {\) ~ ::r ::l ''<: Z
{\) ~ I-' rt(\)::I rn-o
'1a~ '" rt .... .... rt .... rt8'1l -
o ~..... ~o ::r ::I rt 0 ~~cn ::I ::r::rl-' ~ I^
'1::l::l {\) 0 {\) \Q ::r .... {\){\)llJ
'<p. ::l {\) (\) 1lI '0 rt '0 '0;:1 0-
~ " ~ '100 CIl
.g 0 ~ o rt ~ ::r rt~ 0 Ho::rPJ "'0 "'OZ
III Hl 0 0'1 0 .... (\) .... rt'O '0 o I-'-.a..
~ '" llJ 0 X ::l o"'~ I-' 1-'1-'0. soo
I-'...Hl rtO I-' ::r .... 0 Ho::lCll CIl I-'O~ ~
....::r'" rt CIl ~ I-' ....~ o ~ CIl m
rt{\)::l ...' Ho rt '" rtCll <:O~
'< tJl ..... llJ 0 llJ ,... ,... 0. rt.....~ ....~'O (J) Z Z
o CIl rt ::l;:l ::l rt .g CIl ::fCll ;:I ::fCll
Ho",fJl p.- P. ~ .. CIltJlCll IO'<~ -I
:::srt
rt .....::r
::rrTllJ
(\)~rt
[>
[>~~
[>:::-'0
. '<::) No
- ;::: ...
0" "tiS'
8S"~
- ,;:::
.
[>
i5g.~ru=i
cO'FJ~gro
~g.~3"P..
Qm~.g~
::rQ.lI)-"'\
g~~~~
o.S''''gll>
g<D"2.::J~
3:;, '" ~ -.
." :l w ~
~~:s.~m
:J 0 -,.. 0.
t?-g:3c:r
PJ s: Q1 '<
:J CD O:::l -.
~ o'<a
0'030CD
-,0'-.....
:J..g 3'=Em
_uct>:r-
~$Q.o'~
c"' :;'::T::f
2-tC[).=T.m.
....::rs:.CDCO
0; (D, m to a:.
Q)O'ct>oo
0.- aJ"""I
-'00"'""'0.11>
@::;:ro 0-
S-,o.,,<:
o.g a ~::!.
J 0 ID :J
..,~.3c.(O
Jg<i>C:$(i.:T
:l " ~
p) c. -'::;: m
nCOCQ_CD
:r~'5'O"C
cotgoJU6-
50 ~a.=::
ro~(bo.o
cn~O"fg3
~::I~f'>m
eO. ::!;.
'Q. <' :;' :t :l
~ m'~ CD~
. l>> n> 0" :,
..,::so::r
m Q. ~ ro
O";:a;-Q.::=;
~ {g P!. m.
ro-rnCQ
c.:;ro&
o co ~ 0
:J sa CD fA
OJ t:~._,
-o.wo.
- -'~..
OO(D=,
:50.5
::rr::+'mro
<Dcn:J.o.
f"""',
\
'-+-CJ""O
ffiQ.:~
to :T ::r (t)
m co CD ..,
.., c .... Q).
~:Jma
...... ;::+..,
~... cn' JJ
III "0"
~" t:
~ ~-
=r ZS:"t)
~~ a
~~2
mt:'"
",an.
" 0' "
:::J'",lI>
o M,'
_lll",
:;-go.
"'.. '"
-m !e.
"..co
;2,0. :l
-<- :::
c a ~.
:::J3::T
'" '"
II> :I:""
" 0 0
o~9.
c. _'_
n:J::r
::Ten",
Jl)~Q)
~ CD 3
O)~=
:::!CIJ'<
'" _ c
;:; 0 ~.
~:cn
::T:::J'",
",,,,-
0.:{S'
COo'"
" -
@ ~ a
co 0 :::J
cna...,.
~c:Q.
......:J _
s:~.~
$Uto-o
~:Ja
<: 0.'0
f1:=rm
OO~
c: 3_
2. s: t1:l
;CD5,
0''''0
S? ~::J
"'''' '"
i~l~
j'~,,:'3
.\" iZjS\::!J
i~~i'a
"'~",' "~I
. "'.::.p....~. "IE,
.....P... ~
,
"!
,tll
=:!ld'-4O"'{I)
3~ DJ ::T 0 tit
cn=1CD~::::;
~.Qj'1j Q."'t)
:Jccao.....
Q, CD "0 ~'.g
(f) 5 g.~ 0
!! ;:+' CD CD en
~"l.0'Q.l!\.
ma8~Q)
Q.-:Ja,:J
""O::r~.-m
m~cgo~
(b CD @"'O 3
.., ll.:l _ -. ...~
O;-t -. 0::;'
00-,
g.~:=.~~
o"W ~ 0.. 0
<tl)ro -
00.0..:1:-
_<_;;:::r
~cDffi:Tnl
n> a,_ ~ CD
::\~::ro'Ci.)
o.a.@2:o-
:OO'(I)a;a
~..,O"g.a
-.a CD en 0
G)C:~CD3
roatOm
" :;; 03 >l. 5
-<~ 5~M'
en Cl::J fJ>
o~m.ro~
g. Q.l :;) Mo'
o';:;:oQ.;:T
m€D::J':J-
t5.g~~,~
::> ~ :::J'<g.l&
:f_orr",
m:=:3Q3
"Q3lJl5'g?,
otl:lD)OCl')
(b' 0' ..... a.E'
1l~~3Q.
. .".:::J' _,
::rCD<DO
CD_saCh
-u a s'l1'
a :J co t1'
-,~ en S!
CDS-am
_ll_"to
_. ~ ~ ~
;;acoa.D3
([)cnote
S. fl:J m
m. _.
~ " 2:"
'... -. (,I) ::s
Q.. g-c c.
0'-5)-
t:,:J":;J::r
..., CD. CD
~
~gg.o:;:i
(f.I$1)!!;~CDctl
g ~ ~ gg &
n -, r6 3 &;",fi
([)~ <n W S'
3 O;:::vc: 9:(Q
g.ffi'~ g'g CD
Q)a-YJ(I)~
-mro_UJ
-o.:Jo(t)^
:::r en 0 -.
(j;'Q,::':=:o.w
o.~ro='a~
c:DCD@COv.....
;:)o_m2(/)
.1a.1J 0 ..... CD !ii
"<30~:"::l;
::E ~ ar CD ::J :::T
or-+i;12.5-~
s..-CD~CDU)
a. ,..,.. ~ _
~ Q) Dt 0
5f11:J~=~
..... '" a...... 0 (l)
C'Ci)~~-o.
CD~B..:J-"M
Q.l.... ,9l.tO;;+
::> =-::J _. m ...
jl)O<F\:;I-
su..... - ro. :3
Q. _-0 en ~ c:
(t):J':""'::<3
.a @ ~ ;::+' OJ
c: CD -'::r ctl cr
w..~g.0'~~
CP-,cnc3o
cCO ~.~ _,-
en CD;3l; :J (I)
Q)c:O~CD;::+"
o :J ro' (l) c. CD
::t1'a~lU"'Q.
- :::J '"
cD :;: ';3 a. E .:J
o~lI>3"
~s.o.x'o-;::;'-
m c. D> r....... ~
. ..,...... ''''::J
gmg~~
300.-;:::'
o ~o 0 <D
....OJ ""0(1)
'" g 305' :r
0)0 :J.....
"t:I3C(l)~
~12.i--oQ.
o -. 'A (i)
1J~~':'c.
::1,_ -",,01-
~='"::T30
SO ctl CD := ro
0'0 0"'< g
..S:ooo
~ CD D):J. 3
.....~-tP
~ <' Co:J"'C
~CD<D'(i)W
CDcn;::::Fo.:;r
~''''--C-'
""I-i"l -
. ,;,;it.
~ ,--;f I
.;., llHi
"~;. '-
!.:,.,.
-Ill
lIi,
-1=--
-I~
'-1' ,
. r t
c-;
=~ '
,+
:-J;-
I ''':':I~
fL_-
1-..' -~
I I:..'
l-,:_~.
'-I:......
'-I~.
'-r,.....'
-1;-
::1;-
, ,,{.,".dl
;.~!"~'s:.:-?,
'.
\~; Ii!-q I~!+. b!..
'. - ..
~ .,-"" -1\- -ll...;,.
..~
~
,-
-lie ,,' ---;'1-
t ... .~ ... .'7"4'
.i \'
I... ~.J
". II.
I' '
\ \
I..
,
.':.(9
~
:.4 r
.~, [I.. l!~ I....
..~ \ 4, 'I
;.~ t'r~ ";1-(- -.-,
~.I.' _.
\ .. .... .",
.
~
o
~
~
~
"'"
1:0
o
'"d
~
c.n
~
~
t:l
~
'"d
t'r.l
t:l
I""',
,-,
~
~'\
1-':;
,',
J' '1 i! ; .tlll. ,i f~;!~
II ,~,,, 1 :.'" " ': ' " , , "
I
o
'D
15
2
UI
m
r-
m
~
::!
o
2
,~ .~
\:1)~!i3S-;Q.oocr:::;; .... -0 (") _. c: (J) ~:;:-:} (/) c}
(,? crUrCD Q.:E"'"' 8- CD ..., 0 ::J :J -, c;) 0 ar <1> (/) t:
(/) .00'n.:J ;::;,,:;, (/) 0" -
(f) C:(f):::!ltl)(I)2 (,115.-(1) t: !!!.
t: QChCD CO::J~'""'a> bo.l:UCD t: 0' '"
c: 0' -c:a.(')CD::r-"OQ,) OCh (0 ::r c:
0' '" '0,< g)'" o.r:.oo ~3~3D)-. o ",::J 0' lJl ~ 0 >:!!
~!a, ~_. :;: -=l"'303::J' ~ sa, ~~ ~ '< 5l
~o. '" :;: 0 iii'::J '0 . -, Q) 0 -; ::r 00' c: 0>0. ~ 5' ZZ
",0. O>~ "0. (DC-coot: co !:t. .., CD co ' '" 0' 3 "'./~ n >>
o~ ::roco(/) O>~ "':C 0
~:c C:~CD-C:P;2,o -::J Co:> ",0- - OJ N C !:(z
' OJ 0.<1> . 0
~'" - 0 - ::r :J -_ ::J - 3::J' 0>", "'./c: '" ~ (f)Q
Oc: Q....oc: Q) ~=(I) '" - '" Cl)o~ ~o. 0. ~
NO. 0>", _.O::3-o(J)@:!E "'::J'c:liC- 0><0 0 5' ~ ->
a "'", ::J O;::i.'.... Q) Q)_ o.CDE 8- Q.OQ) a "'./'" 0 co (/),
::J' (")000-'_0(1:1"::1' 0.3lg ::r
0 """( ... 0 -. CD - - 0 0 iii ~
3 0 <1> :;:"'-13", o C/) D> == a c: 3 R: b1
0: 0>_ -:E-'o !!!.3",0 _t:3 ~
(I)::r t) 0 -. (i)- 0''''==3 Q~CD 0
CD CD Ch....:J.... Q.(,) CD (I) '< (t) 0
, ') i i I
@----'---------,e----'----'l! Iii
@)~:, ~,,'Ic'e~~-~-'--'--'-'~-~--'_., I ~ \, ~:' Q
. j a .. .. I, ';;;mmr
tI) t':r::1 it: 1 I . L-, ;.... to: ".L".. .._..,~i!m, .~"I~M!
~ ~,,~ ,,~,,(::':~::':":', ~::;;~~~:-I,:L;~i:i'rt~~'~~:~f ':/.'::::: ::"::", \,,:\' i-I
-. ~ ci-- "..,:: :J:,. ,. ~ .~ i =::<!. . .
;' ~ ~ih' ,.~":'~:'-)iit'JI:- ~:..!~'pWh~!t~l ~
~ 0:-1 II...., I' ... ...... ....~:.,'", I 1_ (t)
:::::. ....~. ... . , . '" . I" 1-
l:Oh.> \.i ;'" ''"' ",. I ," I ...
U ..' .-..... ';LP'" . r ':. .. .. /. I ,', : ~
~ I .11 ,. ~.;~ ,. i/ ..,' ,,/ ~
~. "';:'~jjm( ____.tL__~_~~~~~--..,..-...--'...-,,:' ,:,/>:~,/ '"
CI) ..::rt:>-_o._< ' /::::::~::-",,:::::,/j(/ i
L:__::=-..._.,.~---.._=;._=_""~/___._~"'_'=::.-_ I I
"..-- ......, -...-;..-.... '\ I /
---..... \ 1 /~
~
~
o
"l
R.
~
0"
.,.....
('\)
b:1
o
~
CI)
c->'
~
(Q
J;-rt1mJ~
~ '" ~ 1 ""11
... .m-tFl- 'g !;.q. ~ I
1I1~.LId% 1;;' t') ~ ~ l W I
)lr-~----. ~ 41- ~~. - ~ Ii
'/ -, '" I
! ..---:;:..~.
Lr i ~ !-'.
IITEIFi ~ -!= ..-. 1811-
!,.~=:! ~ ~ ~
tIt
/
.-
/
/
/
/
/
(
I
I
I
::q
o
'1:l
?>'
,.>,
;:l
'"
,
I
J
I
I
~
I
-,
I
I
I
I~ ~
.! ~
'"
::q
o
'1:l
?>'
,.>,
;:l
<0
~=ec::-o"Ocn(l')-t ra.o ::J'-I o"''O~-I ~ 0'00 8 C:'O 0'-1 ,(/)
CD o::J... 0> l::cO.::r ~'O "'::J' o:J'" :J" Cb&lBg) ::Ja"':>,
cCc:o..o~a~CD c: <1> a'" '" c..g '" '" ::Jo. 0.--
:J" - CD -, 5a"3i Sl::J -'"0-0 ~ -0"0...0
"'0. - '" '< (!60CDQ) ~.rO CD g en
0' 0.<<3 < ::; ~ (; ~ CI) (') D) 13.<o~a3 'O~~CO
o 5- ~ -CO Dl ~ co "'0 Q) ... -'~~3~
.... (j). 0.0. _::J CD O. '" G3i(J) CD ;'0... <D
-1>>"0 ;II;' 3:;:35'
:r C:m 0- o COm *"0 C tCc: c:
OO":Ja.cn~-<::J o ~ '" - S' to ~ :;] (X)5.g~"2. (/}O
8.(J)0. -0_ ~. CD'i"_ ::T::ra Cr-
..,)\:1) ~ is CD 0",0 ::J ~ CD c co2Q)ii" '0 -'Ill ~ ~~
<O.!"c-la '" '0 ...
:g ~~ m -0 _ < -::J (I)CDCD~ ;!- lU !a en
'" ~'" i ...,...c;:_ ~~
... ., _ a::r"O ~",o. :;: - ~ 5' -. *' 0 ..... ::T
o c: <1> '" ::J' co o -':r :J-.~::ro
"'0 54::r. -. .... -'< '" g ""'l ~ CD CO::J~"':;:
0'" '" ::J''''~ -"'", Sbsuo(il (J)<C ...... (I) m .
::J,c:ooSloS' CD" CD Olra.l5:.r '0 ra. III a '1l0l
21ac:c.oce '0'" <
"'. - o:ra. 'OS'" CD '" '" oS!l~ '" ::J- ~
0<DO"C o*" -::r
5' ." '" -, - 0 CO t:'O oc;
"'",'" ;!oO<O 'O-c: et~- 0SSU-CD 2i
:r0'l>> C-:;:::Jo. _.en ::r Q) -= 0- . ~ a.:;:. Z
::J 0 ~ ::J'::J'8, oc:::r
(ii's:. ::J CD~a.fE co~ a :::.: CD -~'" t'De.CDCA) Ii)
__._______________.____.J
..----.--.-----'.---------.------
~~\:'l:j
~~p
<b CI.l
c-;..
-g>
.-
<:::
1I~~
~,,~
i,
I"'--
r~
~
co
...
b
o
o
{I>
~
...
'"
"
o
o
~
~
CO
~
b
o
o
-0"0'-1
sco"",:r
Cll
o Q) CD ""\
-cr~ga,
~O::Tg
~ S c:_Cll
0_",
"'0 ::r~-
5-(1)::i
'" C/l 0
. !l) C en
35:6-
1Il Ql C/l
f)lg~
co cree - 0 (') \1) 0 -I
I>>CO~:.:~~:)~
m CTg,1 - ::T ~. Q) (I)
CCc:CO tDtu<__
CD-'CO COl>> fJ)
""- C:~Cll-O
-... .... -'C
o _.g.::I a t:t5 ~ g.
5::J 0 C,-o $,.(') Q(D
a.'Omlll~C/lpe_
I>> I>> ""\~ Q) a -'0
=.~C:(Q. -C/l0
0-::::3.., -::Jc.o
"'0""0::E::Tr;- Ql
sn:;)(.I)C;::l:~~ :5.
_n::J~CD-~::J
s~o.l>>e:io.~
~
to
o
1n
o
o
(J)
c:
0'
C/l
5:
'.::.
tD
Cll
a.
o
o
3
(J)
c:
0'
C/l
5:
'.::.
:c
o
c:
C/l
Cll
::T
o
5:
.. ,
1 I
@----'---.'------ll :
e r--~---------------'----'----'! I
; ; M' ~",'~..\. ,~,','" I , ' I' ~
~,' ; ''''"""."" ",:n i '..;" 'I, , ,'"
8 . ~ir~ r':i~tt~':::;. ~~. I : : \ ,,' ".' '.. .''''1
, I,'" ..,-, "., , , -~;~:;;,:,1,~~I:'\i,,:,L )'\::'::::,:.:: !
.;: \.~ I
"" "-:1, :"
". ~. ~.' . . .
.. ';~..:.~~:":.L..' .:...~" -
'''''1' ..I I
-;::"1 ~',~ ~ I
~~:,." <,: .1
~:; ':': w
"" I ,.~ ."" ". ,I . - I' '/' ' ,
.?). ~ ~: ;:~.: i '<....~ ~;.~ i" :. ~... ~./ ~ ,,/ ." .., ,.'
~. i ! I "~'-l r'''''''-_:'' ........-..-----"" i /j' / l//'
"" ~' '---J-..-----------_____.............. --=:......v ..' -1
CI). '-~-"-':-"'--~-...... --" /.:::...:~~=_~:.7.:;I-........ (./ J
--..==~-"--:::--...........:..-:::-.::::=---=.........-.~---_..-=---.:::---- I I
...... .......- '" ...--~_..." '\ \ /
~ ..---...... \ I ,/
q , ,
o
"i
R.
~
0"'
c-<
(\) . "
"
::r::
o
~
CI.l
c-".
;:3
CQ
~ ~-- ~ 1, I
I , ,I //
I L._,_._,_,_,_,_._,_._,___,_,__.J J,/:
L______________________ I
I
I
Ql<3'tl::T-I
1Il0>Ql::T
~ Q) a a 'Ci)
Q);:) Q) (I)
a.-'-(')
<DeB Q)~.
_ c"'O Q)
0-::3 CD
"'" m ~-"t)
12.(I)ca SD)"
aQ)a::S~
-'m c::-
c5 Q)::)c. i6 ~
- 0
::;: 'tl::;:
0"'0 -(I)
c: 0> 0>
o:~::l
_.::;: 3
C"c6 ;:+,g
(I).. ::r<D
'tl'tl <Tl '" <Tl '0 -I
-Q)X-CI)D):t
~~"CO_~<D
. _,lIl::l-_
et~ :::3c5 2'
<.0 ~ =
c:ClllllCll'tl
'" ::la.-C:
0. - W:::s
CD s- 0.<: ::s 0-
~w _ CD
CO:J 0 --ca
'" 3 C/l~
o 0
c: _ 0 _.::) c:
::)::;r"",,,, :)
'0. co CD CD Sc.
I
I
I
I
I
fi~
iti 0
I '"d
~
..-
~
OJ
j~g
/ ~
'"
C"oS!!. ~(QCO"o 3"
m.oOooii1W
S1Siil05g.~:T
c:;;<Dco~a._ "'C/l-'
oComa. co
ffiooa:==icng
o ~ "'" 0 0 tll "'0 (1)\
-. - ~ 0 ~ w,$O:
_-0) ~c:(')
::;r::rc: c: Q.CD (I)
CDCD:J::Jc:o-en--
'" a.""", '"
;O>CC-<!C/l--c: 0
c:o~ 0 -::)t1)CD
a. __..,
-'C:::;:)>O>-<TlO>
O:J 0 a.:::s (I) =
!"a.C:C.a.lll :E
-;:::;:" (I) C'
== a. 0- CD
gg~~~~f
l:t:
.g
~
..,
~
OJ
:>:..
~
'"
~
'"
cn---f
.... .:!.:::r::r
c: "'0 CD _0
0.(6'_0
crx :;rc.o
en CD;:::o.'
sS<Tllll
_ 0''0
::r-CD-
CDi~~
~ 0
CD_OU)"
~ a 3~.
;;aC:3
... ~=
:E(I)~
~w __
:ra~
!:r:rs:
CDt1)S1,
.
~~
C/jC'l
c;;~
."
C'
F
(J)(JJ
Co
tDr-
G)3
~o
mZ
~ci
zs
Z
G)
~
-,
--I
:T
CD
-
Q.
~
5'
co
-0
'"
co
CD
'"
-0
2
is:
CD
'"
-0
'"
o
CD
-
o
CD
<
'"
E'
a
CD
CD
~
:T
-0
~
o
-0
o
'"
.!1l-
'"
5'
::l
co
::;:
'"'
:T
'"
o
3
CD
!a
gj,
o
o
3
3
CD
a
'"
'"
0'
o
S
-
:T
CD
!a
ro
::l
cs
:T
'"
'"
::l
0.
::;:
CD
'"
""
::l
CD
'"
'"
CD
'"
a
CD
'"
o
;:r
CD
3
-0
:T
ffi
Fl'
CD
.0
c
il!.
~
0.
CD
'"
c15'
::l
'"
::l
0.
o
o
::l
!a
~
c
U
15'
?
~
CD
o
o
co
::l
Fl'
5'
co
s-
a
-
:T
iii'
~
5'
o
ro
'"
'"
CD
o
o
!a
'"
::l
0.
0.
CD
o
ro
'"
'"
CD
-0
~
o
0.
c
U
15'
?
CD
::l
'"
C
@
:T
o
c
'"
5'
co
iii'
o
o
3
-0
a
a'
m
::;:
'"'
:T
-
:T
(l)
'"
o
'"
m
'"
::l
0.
o
:T
'"
Dl
u
CD
~
a
-
:T
CD
o
o
3
3
c
::l
~
CD
3
-0
:T
'"
'"
~.
'<
CD
'"
;'
a
c
::l
0.
~
::l
CD
iil
:T
}i'
0.
~
CD
5'
-0
'"
3
!lb
'"
o
il!.
CD
@
'"
is:
CD
a
:T
o
C
'"
5'
co
::;:
:T
5'
:T
-
'"'
'"
-
:T
CD
o
:T
'"
~
CD
~
a
-
:T
CD
o
o
3
3
c
::l
~
CD
::l
o
o
c
Dl
co
CD
5'
E
"'ci
-0_
CD:T
3 CD
'" CD
::ll$-
CDCD
~a
]5-
~a
as'-
_CD
:To
CDO
'" 3
8.~
il!.::l
ar~
Q"::;:
?So ~
-
'"
-
o
-0
ro
'"
CD
<
CD
'"'
'"
is:
CD
::l
-
~
'"'
~
:T
~
-
o
-0
2
is:
CD
o
-0
"0
o
~
C
::l
'"'
0;-
'"
0-
~
::;:
o
~
""
CD
iil
-
o
0'
CD
o
o
3
CD
0.
~
CD
5'
-0
3
CD
a
5'
-
:T
CD
CD
X
sa
5'
co
c
~
0'
'"
:J
'"
~
CD
F!
)>
5'
a.
'"
0-
m
:::t:
o
c
'"
S'
co
'"
:T
g
5:
0-
CD
'"
:J
S'
~
3
a
S'
"0
CD
o
"0
m
,~
"'0"-
-CD:J
'" -.",
.?<g.o.
",O'Q,
(/)0 =.
-3-0
Q.o::J
00-
::;: 0. 0
u)' a
.. ::E '"
CD "0
dl
oQ,
c"
5: co
~s
CD-
_:T
o CD
~ <
-Ill
:T~
CD o'
:::t:c
0'"
~~
-,CD
::l-o
co_
OJ'"
o ::l
'" '"
~"O
o.a
-"0
00
~ '"
'" CD
_0.
c '"
ao-
CD 0
-<
:TCD
CD -
'" ::;:
CD CD
"0",
am
-o~
o CD
"'.0
il!.c
'" CD
-'!a
:J -.
_:J
c15'co
:T-
_:T
oa
--
-:T
:TCD
CD :::t:
COo
o c:
il!.",
'" -.
:J
CD co
XOJ
-go
CD '"
"'~
"'0.
CD~
0. CD
0-'"
,<-0
_0
:T:J
CD 0.
>S
"'-
-o:T
CD -.
:J'"
)>-g
@o
",'8
0'"
oil!.
3::;-
30
c 3
:J-
~i
0.(,))>
~ -
s: g su
:Ja(i5
(Cao
cEloCD
co32.
",c:::t:
o.:JO
c: ;::;:c
;::;' (I)~.
'" ::;: :J
l>>::+'tC
:J:TOJ
0.00
:TS!!1
~g.o.
5'CD 3
CO_CD
-~S
::r CD -.
CDCDc5
:J '" -
CD-O
cO'a ::J
::r _. CD
0-00
o~-
~ -
~>i
:J:J:J
< c CD
03-,
i60''g.
0. CD 0'
~ 0
:i" 0 ;
2' ~"O
~-a
:T:T<
CD CD -.
~~o.
o."'CD
CDCo.
'" co '"
c15''g ::;:
:J ~ ~.
0-' :::
_OCD
_:J:J
:T"'-o
<DE a
CCD-o
~..~ 0
!O38l
"'-
a.c
CD~
ffi ~
"0'"
",'"
~CD
03
_a
2: ~.
"'0.
-oCD
aca
-0-
00
",-0
",3
~CD
",,,
c~
00
:T:J
~~
=5f
3-
...::;:
-'0
:Jc:
co_
_0.
:T _,
CD ::l
:J2.
c c:
30.
O'CD
CD-
~~
am
-0"'--1
o:J:t
-. c: CD
g;3:::t:
'"'t.O"o
'" CD c:
_..... en
30"
-0 _co
"'-0
SS3i
o :J 0
:J CD CD
g cO' af
CD :T '"
:J 0' '"
CDO-
cO' (6 ~
:T:T-
erp,) :::!.
o < CD
3-me
o CD 0
OX -.
P. ~ ~
CDO
~<
CD CD
o.s-
OCD
~gt
~~
5' :::t:
::l 0
"'-0
-""
05'
s-'"
CDS
'"C to'
a:T
"00'
00
'" ~
CD:T
0.8
0.0.
~ S'
",-
_. :T
-<(CD
0'!2.
-Ill
_:J
:T:J
CD 5'
-0 co
.Q.~
CDO
00
.- CD
'" '"
" '"
0.0-
~
:T-
S!2:
CD '"
0.
'" CD
liS" (6
0_
o
~-o
-03
Cil CD
ZlF
CDO
o.s
8a
:J_
g:T
~ a
"
"':J
'" <
o-Q.
0<
s~
_CD
:T:J
CD~
.
0-00
CD -
~~
-0::;:
a 0
-os.
00.
~~
0. CD
~2'
o.~
-, :T
ii!'CD
....
gJQ,
-Cil
~n~,
CD 0
!O:J
:r::a
~3
~il
==:::t:
g.o
_c
::r !a.
CD:J
"'co
CD OJ
~. 0
<D~
-00.
iilo
::l :J
'" :T
'" 0
2:::;:
@o-
en
en "0
-a
:To
CD CD
co CD
go.
(j) ~.
as
- -
:T:T
CD CD
>m
'" '"
-g!a
":::t:
'" 0
m*
'" -.
oill
~fS
3;6
50
~-o
"'O~
ora
:J.
"'>
::l :l
o.c:
a3
gg
CD~
:::t:a
o
c: en
fa. ;:::;:
:l CD
CO-o
~iil
o :l
co en
Dl:T
3~
,"'CD
,1""'\
,~
0 ~ )>Z;:ECO 00 00 00":0" ";:E"- "::I:
0 ::gm=iZ~ Oc ::I: 0 ~::I:-m:o )>O:o~ ~~
Z :0 Gl::I:- Z)> )>;;:: m~-lm~ =I:o~m
m
0 Z :O::I:O"-lm ~c: ~" , (J)O_ oi:'la~
m ~ S'6Olc(J)b :o-l O~ o mO
:0 :oO-l " C-< -l- "Q ~m ":om- ~
Z (J)enoZ
(J) ::I: );:0 )>)> 0 mOl ;;::mO
en -l50(J)(J) ::!o :ofii m:o O::I: en o "" F
Z Q-l"13
moO ;;:: Om -lz;;::g5: )>00"
~o~,,~ zen (J) , =lfii 0
Gi ~ ;;::en, 0
01 :00-< )> -, " C
5~0(J)z Z zcz )>OlZ)> rn
m Gl Olm-z
;;::(J)m _Z (J) ;!! 0:< 0
OO(ji-m Z_-lO
o _010 )> )> "-l::I:)> 00" :i!
(J))>zl""m Z Z - )>, ;;::0
-l-lGlmO 0 0 F-<-lm m:o (ji
~5"
CIl CIl
CIl c:
.....3
::r Q.
'" m
:> :>
0.:;
rn '"
-. ~
"''''
m -.
0.:>
,<co
III
a
CIl
"0
III
g
"0 0. ;;::
~.CD c::
Q ~.~
~... .." :::;;
o.lll",
-0'3
~.iO~
mlll
=-'~C
0.:>
""
3 CIl
~3
i5~
mO'
~m
0-
O'rn
m CIl
enril
m _,
"0:>
"'co
~ -
'" m
~"
m '"
Gl3
'" -,
~<
'" .
<go:<
CIl"O
m
c:
:>
""
CIl
ril
(J)Zo
-lGl:o
m,_
"mGl
S;:~Z
Z;;::)>
(J)_I""
~
Q)S-cn"O"'O
~....."O CD ~o
iU ,.. Q) """
Slog 6:
<.""C cr CD
m m 3 2l. en
.....:J 0 """.....
;s """ 0 ...
'" en CD 0 Q)
::3"'0 m 3~
~ ~ 3" SO
_<......0 to
,y -, C
$Q)~m9t
tf)~~cn ......
"0
lll3lP~i3
CDo;::!o......Q)
(I)~_CDO
"-.JCDcn;:)('l)
;;::
mCO
-l!:jC
m_:o
..,,":0
,)>m
)>;;::Z
Z--l
!:(
Z
-l m
::I:"-
:o:oGl
mO::I:
m"Ol
cOO
Zen:o
_)>::I:
-l,O
en 0
o
,I""--.. ",-" .
.
S" ~ 5' ~ ~ ga~ $ -0 <>-en ~ og~ t;.cren .... en e;
'" ","'- 0"'- - -
"O-~~ 0.<'" ~ ::J. Sl ~ "OCtlCD c::J~ gj,
",""0 .-+ ffi'''O 3 -' -. ag.o. -'" a
~.CD ;am ~sa '" ~"'- < 0 c.~ii "" 3
:::l '" <> :::l '" 3 '" -. '" gg,m. '" 0
co ;::;:' sa. 0 ~ '" _-0 a (DCTD:l~ a o.SIO a '"
'" ~ 0 ~ 5.::;) ~ --'" ~
...CD-3 0", 0 13- '" ~ ~ 13- -0
""<>""3 0. cr3'" .... 0:'< :;j ","'''' -'::r- (;l
'" 0 '" ~ :::l o.S'" 3",2:
g '" :E a '" -,-'
o :) "0 CD (1)-0(1) ~-c g. "" '" -0 ~
0: ffi g (ii' ~, CD "C _.
00...,::3 m aOO !!l. 0."'''' ~ '"
-.Q) Sl:! (;l
(I) =to 0- ~ cn3~ ~DtD)~ o;!-_ ~
_ c: "0 Ch ~ _~f1)' 0.
_oCD_ t;. "':::l ;:) -.... o S':J
o ""~ "" 0<10 -am(/) A O,)~::r 010-' g - ~
~ 0 '" :::t: 'i'5'Q) ~ -10 '" ""
ro :J" ;-to 0 So ~. :E ~ - 5acn"O :::l ",!:l i '"
-0 C. Q) ::;.' "" - ::T '" < c:
;) - Q)- oS-g,;- '" @"O Q) Q:
_. s- :J 2: "" 1O:::l::r '" '" ~ c. 21. '"
3",a.Ch ~' <,2 g. Ch :e:fm::;, ~ _oQ: ;!, 5' 0 ~ ~ 0
"O(')=tC" CDSJ'CD S OCD::r::J Ch ",:::l -.0"- ."
..... 0 0 CD t;. ~ ~(')om -0 _10 :::l-- s'
~~ao. "" <> -{ :::l 0'" Ch ~ D:l 0 -. co CD ~. ~ Z
::T g::r m. ~3-g,ij;' n .., en Q) 0 3 10 ~
CD~_O "" '" '" Ch
30::T:::l '" ","'10 '" '" c: 10:::>'" (;l
CD .... CD ~ _._::r Q '" 3.!!l. '" ~ <> '" ",-'" ~
i 0. -, cr -'C c: ::T", <> :::t:
:J:fn--l '" :::l 0 a a.;:):;:'!1' 0 m ::r en' '" "" a 0 gs
:CDO::r ...,2!."""J "'~'" _cr", c.",z 3
"""'!!1.", '" a. '" "" o :> c:-o 3
cr",_ ~ -cr<D;::;' ~ c: '" ...(;l i 5!
ail~o $ (6"00 :T-< (6" 5 ~Q-i5' i"'s '"
:e ~.~ a- t;. ij;'<> ~, i CD 0 eg. ,-."" :::l 0
'" a. 3 c: c: 0.
_.CD '< <> -,0 :::l ""t 0 e. ~ -'" ill 0
=cnCD- !!l.g 3 (') -. CD co a.33 -~ :::l
c: ~ ~~a::r SS-::T iiI' a
0"_:J0 i cg. OJ CD ~ "" ill 6'
CD @ '9. ~ ~ y~:~ ; '" -'" i"''''o is ijl "tl
:JCD:Jeo -crC: a: <> :::l o c: ~
CD - CD_. ~ -0-0 :::!'OJ C') :E ~ t;.
;:$:e~cn oS:E :::l"'0 '" cra.o ::r
:::l -, ~ '" <> c: ~ '" 0. :::l :::l"" ~ "" "tl
'" 0 s't;. '" < - 5'5"5: a. ~.g "'0 ::r 0
= 5-10 ::r I -'0) ~ 5' ~ - (Il
00.0)0 IO~_ 10 Q. cr ~ c:r -'.., ",0. (;l
::r -'::r '" 0 :::l ~
-"'0 :J :E O"~CD S cr3 '" _:::l ' ao ::r 10
0 o . _:::l 0 '"
~ao.= O<>cr ~ ~ _,::r t;. t;. g i a
~ '" '" a.m.. ~ ""-
o 0" 0."'0 scncn . '" 0. (1)2:
'" '" '" -0 '" 0.-0 :D'" ~, 0
CT ~. '< s' ot;.- ~ ",-- ;!- t;. t;.
:::l '" c: -.'"
.:c:co _ cp a.og. ",- 0'" -
0 <- ::r ::r
cr:::l"" (') 5. (I) 00:::;: ::> 5--0 '" (;l 5 '"
'" -'" o 0. ca' a :::l::r", 0< o.a < '" -0
'""" Q n 5 C"::3 '" 0 < ~. ;.
",,0'" t;. -0-0 a
",_0 "''''-0 s- a 0 3
Q,::T~ -,.--<! s: -0
c: "', 3 3 0 '" 5,2:0 -0'" (')cr 0 0
<> a;!: (I) Q) ~ :::l o cc ~ s' 0'" 00 a Ul
'" '" '" :::l c: l*-
p..Sg. Q) Q, -' (!) -"" s- "'-0 o.:::l a.
cr",g: c5' -o"'t;. 00. ~:
;:Ea'" ocr.'" '" t;.- -
::r ",<>::r -.'" 3cr a
"'-< S,'< m g ~ ::r 0 <> 0.::> :r'< :::l
:::I'(!) 10 S-:::l 30_ ~ (!)- (Q 3
~"'-< 3- o -, :::>::r -.'"
~",c. '" -< c: c: t! -
0"'- cn"'O:T 8- :::1- CD 3' s'ill 3<> ::r
"'0 ~ CD ",:>a. lOt;. c:::r (!) '"
0"'''' ~ or (ii' ;a~5' ~ :::l
oosf4 ao :::l'" ~
",. . 'O:::la. ~ a(t)- _5- sa '"
::r~g o 2. CD ",:::l"" ::ro. c: cO'
::l:::l'" Ci:;I:;m '" '" t;.~ ~ :::I'
Q) :T CD 0' cc ca' ~' cr
-"'-0 '" 10 '" so. '" -. s- o
~",::l a2:c: am
Q!.cno ",:::l 3 8 ~ '" ~ iil
'" :::l "'.J:J (;l 3
--- t: C. -' !ac:
o @ CD 3 'i'~~ 0
<> NIO '" ill .J:Jgs S- -
=mS ::ro::t' 3 ""a.'" $
""-:E 0.(1) n :::ll!!. c: .- ~
'" :E -, C1 2. a- la' t;. [D 0 a.'< ~.~ ~
"'0 a: = ~ :::l '" ~ oS5- a~ S-
-.(0 ::J. 0.", a
a(t)"'O g(')!1l, ~ a. -::> g
"0 ~.~ <>0" ~~~ 89: 0_
",:::l_ "'3~ 5'~.Q :::l '" "''''' ~ (;l
~IO 0 ::!1(1) cro
- ~ !" 3 ~ _;ii?^ 10'" -'c: 0.
0"'- -.'" ::r' :E C:-o 0.10 I e
t;.@$ !:l:::l ~5:S: Ol'" "':::I' "
-.- - ~ ~'" ~'
:::l"'<> oa -'''''
-, [D-' 0-' ",'"
'" '0 0 ~ 3 -<: (') :::l :::l :::l e<> I -
0Wf4 -;",~ 010 <>"" $
0<>- :::l-
a.::r :::l:::l- -:::l ::r::r
:::l '" 0 -'" Q,Q,2S: gCD ",g ~' :::l
-m.:: "":::l '" en :::l "'~ c:
::r _-. am 3
"'::ro. CD ~. :::l:::l1O S'" i cr
'" '" '" (')10 ooa. tti~ .~ ::T '"
_ :::l ~i5= -::E -. ::1.0 ~
;;(/')- ""3!!1. !a-o sO: ~ a
","'::r (')Q '" '"
-3'" ~ ",::> -oa o'co c:
'" '" '" 0'" """'<> PSR.
c:-o -'(1) (t) '" < ::>
en ~.::: :::l, _ ~ -. -'" ..
!!!.3 '" ::> 0 0.;:E- ""a. ""- !"
<> -' 5' S'
SCD$a .=a aCD~ ~ ""
1010 '"
,1"""'\ 1"""'\ .
!!!
-i .$ nI::;; .:::l C'cn .$ lPE $
:;; 0,< '" '<~
0> ~CD
Or :a3::J Cil=l:
'iir -. Q) '< _,0>
E:3-o < ~ c5m
-,'"
-g C'l '" Ch 0> ." ~8 ~ ~::E ;;:
::l. ~ -::;-~ 5' 5'3 i :;;= !!l,
0(1)5' @=
'" a:!.co or co3 "'c5 ~.
g. =- a.'"
-< '" Ch 0> 0 ~ '" ::> ~ Ch ~
=-
~ n Ch ~ Cho. '" -0 0 ::>
0> t: ::E 0> cC"st 2 C' i
-0 a ~ (t) g ~ '"
-0 ~ ::> 0>
~ ~ ~=m Ch~ Ch:;; ~
0 =- . 0> 0> -, '"
1;1 CD ;::;'(j) :r ::>-
~co _a.
~. I C' ::E (ii' ~ Qj a 0
=- ~ ~
COo ~ -0 00
.'" at:'" '" ::!.C "'" ::>~ ::l
::E o:.g !!l. 0-0 ~. ~=- c:
0> c: 0 0'" i
::l <' Q) ~ =to .f Ch_ -Ch
0. '" '<0," a::> 0 ~O>
::E ~~o. f6 0> 0 c: i3
a. o C' 0> !!l.
'" c: C03 -0'" S.
0>"'- =- "'0 ~'
Ch 3 o::s- 5' aS4
:;; Ch ~ [
0 * n",:;; Q. 0> '" ~ '00>
c: '" n '" g. ::>~ '" ::>
a: (Am "'" o.~ ~g.
(il Ch Ch '" CD .B'
~ ~ChO> 3:' g, ~
0 :;;O>~ '0 nO.
'" -< S- a O>=- 0> ~ g
;;. ~ ,.. ~ g ::l=-
co Ch _ I -'CD
;:::;'"- ::r ::>", C'S I
;;, i III 0 III co::> 3 '" 0>
g. Ch c: Ch ~ n CD 3 3::>
o CI);::;.' o -.
g. ::E "','" 3<g. a- 0>'<
m -'0 1
'" ~ ",C'_ I 3C' ::>~
0:;; CD 0 Ef=-
::> n-", ::>(il 0 -.'"
'" DJ.?"m ::l ~
cO' ~ ~D:I= 0;' ! "'"0
, Ch P-a
::r ::E::l '" '"
C" 0 00.'< 0 CD -0
0 ? ;.~~ ~ ~ or '"
3- '6' ~
0 -::EO a. e.
0 ::roC: a- '" ~
0. ms.a: C"
3 '< 5'
8 "'Q.C" ~ ::>
(ii' O"~. (') g. '"
3 ~
Ch III 3 I '" '" ~
3 C:<"O 1il a.
a- '" '" ~ c:
Ch -< 0 5' m
'" o < 0:
'" S'"'" - cO'
- . 0> a. i5 ::> C'
0 '"
'" ~~ f!l ::l S. =-
'"
::> Sg cO' ~ '"
Ch ::r 0:
c: Q.e :;J' '" -
Cil C" c: $:>
go> 0
?' ~ ::l
CD g ::r if ::;;
-'" 0 -
:;J'CIl $. ~ ::r
'" Ch '"
~ Cii" i C. sa
-
-"0 =- Cil
~o "''' !a
Ch n
aa. ~. -5' ~ n
02: S 0>
i ::>
::l !Il CD C'
Ill-i -
::T '"
Ch::T a ::E
0:<0
III Ch c: 5' a:
'" co rp '"
Sl CD ::T ::l
g.::T 0 '"
S Q.
III !Jl - 0>
0- ::T Ch
_'" CD ~
::rCO 0-
'" 0> 1&
",- Ch
0> <'f'i c:
:En ::l to
III g -0 co
ChCh ~ '"
::TCh 0 Ch
o::r n ::"
c: 0 1& g.
0:3 Ch CD
SANDRA JOHNSON
215 S, MONARCH G103 ASPEN COLORADO 81611 303 926 6191
".......,.
R' ~""'~IV'-'ll
t t:l..,i:, t:.U
APR 1 4 1t~3
{\\
~,
:,,:;ty fii'ia'~~l,iS'f!M2Y0(S Office
~PR I 6 \993
PITKIN HOUSING AUTHORITV
530 E. Main Street
Aspen, Colorado 81611
." April 14, 1993
Dear Mr. Tolen,
I will be unable to attend the Housing Authority meeting tonight. but would
like to voice my support for the Housing Authority's proposed housing
project on East Hopkins Street.
I have been following the proceedings With interest and feel that you have
done a very thorough and thoughtful job of addressing the needs, This type
ot project and its location is an already established, high-medium density
residential neighborhood seems to metM exact kind of thing we should be
doing to accommodate our affordable housing.
! applaud your efforts! I am sorry that the neighbors can not see beyond their
self interests to realize that this will be II positive addition to the erEll!,
Sincerely, ,
~6--L--
Sendra Johnson
I"'-
,"""
Memorandum
TO:
Dave Tolen, Housing
FROM:
Kim Johnson, Planning
Development Capacity at E. Hopkins Parcel
RE:
DATE:
March 22, 1993
A private developer would have several options for this 9,000 s.f.
parcel as it is currently zoned R/KF (Residential/Multi-Family).
The allowed uses include single family, duplex, and mUlti-family
development. According to density limits, multi-family scenarios
could be:
3 - 3 bedroom townhomesi or
4 - 2 bedroom and 1 studio townhomesi or
3 2 bedroom and 2 - 1 bedroom townhomesi or
7 - 1 bedroom townhomesi or
9 - studio townhomes
Floor Area Limit (FAR) is 1:1, or 9,000 s.t. of structure.
,
The most likely scenario from a real estate market point of view
would probably be the first two on the list. Growth Management
allocations would have to be obtained by winning an annual GMP
competition. By virtue of the scoring process, projects are given
points for community improvements. In the case of this property,
alley and street improvements Would be considered worthy of high
points. An important aspect of a GMP competition is that no
negotiation is allowed between the applicant, city, and the
neighborhood. The site plan is locked in at the time the
application is submitted. The project would also have to the meet
minimum threshold for affordable housing mitigation at 35% of the
total residents on the parcel.
A private developer could also propose rezoning the parcel to AH
(Affordable Housing). This would allow up to 30% of the proposed
units to be free market units, and 40% of the project's bedrooms
as freemarket bedrooms. Both the free market and deed restricted
portions of anAH project are exempt from the Growth Management
competition process. Based on the density allowed on a 9,000 s.f.
AH parcel, different development scenarios could be:
7 - 3 bedroom townhomes and 1 - 1 bedroom townhomei or
11 - 2 bedroom townhomesi or
22 - 1 bedroom townhomesi or
30 - studios
The allowed FAR maximum is 1.1:1, or 9,900 s.f. of structure.
If you have any other questions, please call.
^
t-\
'~
NEIGHBORHOOD MEETING!
THE HOUSING OFFICE, THE CITY PLANNING OFFFICE AND
THE PUBLIC PROJECTS REVIEW GROUP INVITE YOU TO A
MEETING TO DISCUSS THE EAST HOPKINS AFFORDABLE
HOUSING DEVELOPMENT
WHEN: THURSDAY, MARCH 18 at 6:00 P.M.
WHERE: CITY HALL, SECOND FLOOR MEETING ROOM
(130 SOUTH GALENA 2ND FLOOR)
WE WANT TO KNOW
o WHAT ARE YOUR CONCERNS ABOUT THE DEVELOPMENT? '"
o DO~lJ...J:!AVE-.QU.ES+-lQN&-ABOtJTIRTS--DB7ELopMENr;--oR"
"'" AFFORDABLE..,.BOUSll>J.G.JNc"BENEf'tAI:.?
o WHAT IDEAS DO YOU HAVE TO MAKE THIS PROJECT A
POSITIVE ADDITION TO THE NEIGHBORHOOD?
WHO WILL BE THERE?
o HOUSING OFFICE AND PLANNING OFFICE STAFF
o THE ASPEN PUBLIC PROJECTS REVIEW GROUP
o THE PROJECT ARCHITECTS
o YOU, THE NEIGHBORS
YOUR PARTICIPATION IS VALUABLE, AND IT WILL
BE CONSIDERED ON THIS DEVELOPMENT!
IF YOU HAVE ANY QUESTIONS, PLEASE CALL:
DAVE AT 920-5216
I""'"'-
.,-" "
V'l\' b
MEMORANDUM
FROM:
Mayor and Council ~A~
Amy Margerum, city Manager~V
Diane Moore, City planning Directo~
Kim Johnson, Planner
TO:
THRU:
THRU:
DATE:
January 10, 1993
RE:
East Hopkins Affordable Housing Project - Rezoning to AH
(Affordable Housing), Subdivision, GMQS Exemption for
Affordable Housing, and Vested Rights - Second Reading
of Ordinance 60, Series 1993
SUMMARY: The Planning and Zoning commission forwards a
recommendation to approve the East Hopkins Affordable Housing
Project subject to 11 conditions.
First reading of Ordinance 60 was approved by a 4-0 vote on
November 8, 1993.
~
Since first reading, Ordinance 60 has been amended to delete
condominium approval by City Council. This was done because
Council approved a code amendment on November 8, 1993 (Ordinance
53) which allowed condominiumization as a Planning Director
approval.
BACKGROUND: The Applicant is the Aspen/pitkin county Housing
Office. The 9,000 s.f. site is located on East Hopkins Ave.
between Cleveland st. and the Roaring Fork River. The proposal is
to develop the parcel into four (4) deed restricted townhomes (sale
units). Access for four units will be divided so that two units
have garages off of East Hopkins Street and two units have garages
off of the alley abutting the parcel on the south.
The affordable units will be 3 bedrooms for a total of 12 bedrooms
on the site. The complete apprication booklet is attached for your
reference.
PROCESS: The 2 step Subdivision/Rezoning review process including
associated reviews is as follows:
Step 1 - P&Z
Rezoning recommendation, public hearing;
Subdivision recommendation, public hearing;
GMQS Exemptions for Affordable Housing
recommendation; Special Reviews for parking
and open space, stream margin review, one step.
(October 5, 1993)
1
r"-
.~
step 2 - Council
Rezoning, puJ:llic hearing; Subdivision; GMQS
Exemption for Affordable Housing Units; Vested
Rights; two readings of ordinance.
In addition to the formal review process, the Housing Office held
three meetings with neighbors of the project and three meetings
with the Housing Board before the application was formalized and
submitted to the city. Valuable dialogue on neighborhood
conditions, interests, impacts, and design goals were obtained
through this outreach process.
CURRENT ISSUES: At first reading, Councilman Reno mentioned his
concern that the new driveways and reconfiguration of E. Hopkins
street by this development will reduce available on-street parking
on the block. Staff met with the neighborhood during the early
design phase and also heard this statement. We also heard the E.
Hopkins neighbors express that all of the auto access for this site
should not be funneled through E. Hopkins, thus the two rear units
of this project access off of the alley.
The final design of this project has attempted first and foremost
to provide covered, on-site parking for its units so as not to
increase street parking in the area. Secondly, after exploring the
emergency access and plowing problems of that block with the Fire
Marshal and Streets Department, this project includes pavement
widening and drainage improvements which will benefit the entire
block. Hopefully these items will provide incentive for existing
properties and future developments to work on these conditions.
The basic problem is that too many cars are on the street because
of severely under-parked properties along the eastern two blocks
of Hopkins.
As mentioned in the Summary section above, Condominiumization is
no longer an action by City Council. The Ordinance has been
amended to exclude this as a Council approval.
Rezonina: Rezoning to AH from R/MF (Residential/Multi-family) is
being pursued in order to reinforce the affordable housing
objective for this property. No added benefits or variances are
being sought for this development. Staff has attached the rezoning
review criteria required by section 24-7-1102 as Exhibit "A". In
summary, staff and the Planning commission believe that the
proposed rezoning to AH meets the purposes established for the AH
zone district and is also in conformance with the rezoning
criteria.
SUbdivision: Pursuant to section 24-7-1004 of the Aspen Municipal
Code, a multi-family structure requires subdivision review and
2
""'"
r-..
shall comply with the following general requirements. The
technical aspects of the subdivision review are attached as Exhibit
"B". In summary, staff finds that the proposed sUbdivision meets
the requirements of the code.
General Requirements.
The proposed subdivision shall be consistent with the Aspen
Area Comprehensive Plan.
response: The proposed subdivision is
development and housing goals adopted
Community Plan adopted in early 1993.
a.
consistent with
within the Aspen
the
Area
b. The proposed subdivision shall be consistent with the
character of existing land uses in the area.
response: The townhome configuration is consistent with the
surrounding RM-F zoning and predominance of mUlti-family structures
along E, Hopkins. An earlier site design which presented three
duplex structures was ruled unfavorable by neighbors who preferred
one consolidated structure.
c. The proposed sUbdivision shall not adversely affect the future
development of surrounding areas.
response: There are still a few developable parcels in the direct
vicini ty, including the large 5 lot tract directly west of the
sUbject property. The proposal will not affect these future
developments.
d. The proposed subdivision shall be in compliance with all
applicable requirements of this chapter.
response: The proposal is following through with all required land
use and technical approvals. All conditions of approval must be
addressed before recordation of development documents of prior to
issuance of building permits, whichever is applicable.
GMOS Exemption for Affordable Housinq in an AH (Affordable Housinq)
Zone District:
Pursuant to section 8-104 C.1(c) the Council shall exempt deed
restricted housing that is provided in accordance with the housing
guidelines. The Commission shall review and make a recommendation
to Council regarding the housing package. According to the Code,
the review of any request for exemption of housing pursuant to this
section shall include a determination of the city's need for such
housing, considering the proposed development's compliance with an
adopted housing plan, the number of dwelling units proposed and
their location, the type of dwelling units proposed, specifically
regarding the number of bedrooms in each unit, the size of the
dwelling unit, the rental/sale mix of the proposed development, and
the proposed price categories to which the dwelling units are to
be deed restricted.
3
1"".
,1"""'\
Response: The Housing Office and Planning staff have been involved
in three neighborhood meetings and three Housing Board meetings to
arrive at the three bedroom configuration and Category 4 deed
restriction for the units. Please refer to the application package
for the floorplans of the individual units. They will be family-
oriented sales units, which relieved fears from the neighborhood.
staff gathered a group from the PPRG (Public projects Review Group)
to comment on the proposal. At the time of the review, the
architect had not made final exterior design decisions so the PPRG
comments basically directed the designers to heed the "Neighborhood
Guidelines" for this area (which are still in draft form). The
Planning commission seemed pleased with the architectural details
presented to them.
Vested Riqhts: The applicant has also requested vested rights for
the proposed project pursuant to section 24-6-207 of the Municipal
Code. This provides vested status for a site development plan for
a period of three years upon approval by ordinance. Vested rights
approval by Council is non-discretionary.
REFERRAL COMMENTS: Please refer to Exhibit "c" for complete
referral memos from Engineering, Fire Marshal, Sanitation District,
Environmental Health, Streets, and Parks departments.
PLANNING COMMISSION DISCUSSION: At the October 5, 1993 P&Z meeting
neighborhood comments focused on the substandard pavement widths
of E.Hopkins Avenue and the parking problem which this causes,
especially in winter. It was recognized that this proj ect was
doing its part to widen the pavement and add curb, gutter and
sidewalk for the benefit of all, and could provide the impetus for
the rest of the block to form an improvement district to complete
"the project.
The Commission voted 6-0 to forward a recommendation to approve the
Rezoning, Subdivision, and GMQS Exemption. In addition, the
Commission voted 6-0 to approve Stream Margin review and Special
Review for parking and open space on the parcel.
FINANCIAL IMPLICATIONS: No apparent impacts to
expected. The project will be making improvements
Avenue within the budget for this project.
the city are
to E. Hopkins
RECOMMENDATION: The Planning and Zoning commission recommends
approval of the East Hopkins Affordable Housing project with the
following conditions:
4
r"'
~
1. The applicant shall consult the city Engineer for design
considerations for development in the right-of-way. Permits
are required from the streets Department for any work,
including landscaping, within the right-of-way.
2. Prior to recordation of the Subdivision Improvements
Agreement, Final PUD Plan and Subdivision Plat, the Master
Deed Restriction for the deed restricted townhomes and lot
shall be recorded with the County Clerk. prior to sale of any
deed restricted property, the buyer shall execute a Memorandum
of Acceptance of the deed restriction.
3. A tree removal permit is required prior to issuance of any
excavation or building permits.
4. Prior to the issuance of any building permits, the applicant
must submit to and receive from Engineering approval of a
storm drainage plan.
5. The Final Plat and site plan for building permit must include
trash storage locations, a 4'x4' utility pedestal easement
adjacent to the alley, final design of any features located
in the public right-of-way (eg. sidewalk, curb/gutter,
driveways), and final design of alley access.
6. Prior to the sign-Off by Engineering on the Final Plat, a new
alley access agreement signed by all parties and beneficiaries
of the original access agreement must be executed. This
access agreement should also be outlined within the
Subdivision Agreement. The Fire Marshal shall approve any
alley improvements for emergency access requirements . The new
agreement shall be indicated on the condominium plat.
7. Street drainage must be accommodated where the project
reconfigures the pavement and adds curb and gutter.
8. The Final PUD Development Plan, Subdivision Agreement and Plat
shall be recorded in the office of the pitkin County Clerk and
Recorder. Failure on the part of the applicant to record the
Plat within a period of one hundred and eighty (180) days
following approval by the City Council may render the Plat
invalid. '
9. The developer shall agree to ]Oln any improvement districts
formed to cover improvements not covered by their sidewalk,
curb and gutter improvements.
10. The applicant shall develop a mitigation plan to address
parking impacts due to construction activity on the site.
This plan shall be approved by Planning and Public Works prior
to the issuance of the building permit.
5
^
~,
ALTERNATIVES: City Council could choose not to support rezoning
to AH. The Council could also require different densities or deed
restrictions.
PROPOSED MOTION: "I move to approve at second reading Ordinance
60, Series 1993 for the East Cooper Affordable Housing project
Rezoning from R-MF (Residential/Multi-Family) to AH (Affordable
Housing), Subdivision, GMQS Exemption for Affordable Housing, and
Vested Rights with the conditions as recommended by the Planning
and Zoning Commission."
CITY MANAGER COMMENTS:
Application Booklet and Blueline Prints
Ordinance 60, Series 1993
Exhibits:
.jA" - Review criteria / Staff Response for Rezoning
"B" - Review criteria / Staff Response for Subdivision
"c" - Complete Referral Memos
6
~
" L"
,..hi ~lt:...!I::-
, 19_
~ty COuncil
AwrOlred
By Ordinance
EAST HOPKINS AFFORDABLE HOUSING PROPOSAL
Rezonincr from RM-P to Affordable Housincr
Pursuant to section 24-7-1102 of the Aspen
following review criteria and responses must
(AH) Zone District:
Municipal Code, the
be considered.
A. Whether the proposed ,amendment is in conflict with any
applicable portions of this chapter.
Response: This rezoning is not in conflict with the provisions of
the Land Use regulations.
B. Whether the proposed amendment is consistent with all elements
of the Aspen Area Comprehensive PLan.
Response: This parcel was purchased by the Housing Authority for
development of affordable housing. The Aspen Area Community Plan
indicates thClt this parcel is a desirClble locCltion for affordable
housing development. It also is in agreement with the purpose
statement of the AM zone as it is within walking distance to the
commercial core and' lends itselt'to .infill on small neighborhood
scale rather than .being Cl major housing project.
c. Whether the proposed Clmendment is compatible with surrounding
Zone Districts and lClnd uses, considering existing land use
and neighborhood charClcteristics.-
Response: The AM zone is intended to be used as infill zoning
scattered throughout the community within residential
neighborhoods. site design is critical to the compatibility of
a proposed development and its immediate surroundings. This
project proposes a fourplex townhome structure adjacent to the
existing mUlti-family and mixed single family and duplex
structures. This configuration evolved after three neighborhood
meetings where citizens gave input to the vision of their area.
D. The effect of the proposed amendment on traffic generation and
road sClfety.
Response: The proximity of this site to the downtown area will
promote walking to the core. The project is undertaking a
substantial improvement of the street section (widening, curb,
gutter and sidewalks) along its frontage on Hopkins. This
improvement appeals to but the Streets Department and the Fire
Marshal's office.
E. Whether and the extent to which the proposed amendment would
result in demands on public facilities, and whether and the
extent to which the proposed amendment would exceed the
capacity of such public facilities, including but not limited
to transportation facilities, sewage facilities, water supply,
~.
1"""'\
.~
parks, drainage, scnools, and emergency medical facilities.
Response: Because of its location, the potential reduction for
transit needs is reduced. The site is readily served by Aspen
Consolidated Sanitation District and city water.
F.
Whether and the extent to
result in significantly
environment.
which the proposed amendment would
adverse impacts on the natural
Response: The rezoning will not, on its own, have a negative
effect on the natural environment. As many trees will be saved as
possible, with the potential of relocating several large spruces
to tne alley area behind the project. Because of neighborhood
input, auto access to the units was split between Hopkins and the
alley, THis necessitates two driveways/garages on Hopkins and
excavation of the slope in the Hopkins right-of-way.
G. "Whether the proposed amendment is consistent and compatible
with the community "character in the City of Aspen.
Response: This rezoning .lneets the location criteria for AH
properties, those being "within walking distance to the center of
the city or on transit routes". The character of much of the east
end is tnat of a mix of residential types. This rezoning allows
tor local residents to remain in an area slowly changing into
second homes. -
H. Whetller there have beencnanged conditions affecting the
sUbject parcel or the surrounding neighborhood which support
the proposed amendment.
Response: The purchase of this property for affordable housing
definitely supports this rezoning to AH.
I. Whether the proposed amendment would be in conflict with the
public interest,and is in harmony with the purpose and intent
of this chapter.
Response: Rezoning this site will not be in conflict with the
pUblic interest nor with the Land Use Regulations.
2
f\
ctr'o"council
ApproVed
By Ordinance
/I '1
EXhibit~
, 19 _
SUBDIVISION REVIEW STANDARDS
East Hopkins AH Subdivision
Pursuant to Land Use Code Section 3-101 Definitions, any land to
be used for apartments or multi-family dwellings constitute a
subdivision and must comply with applicable subdivision criteria
contained in Section 7-1004 C.
1. Suitabilitvof land for subdivision.
a. Land suitability. 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 sub-
division.
There are no unsuitable lands proposed for development within
this subdivision.
b. Spatial pattern efficient. The proposed subdivision shall not
be designed to create spatial patterns that cause
inefficiencies, duplication o"r premature extension of public
facilities and unnecessary public. costs.
No duplication of public facilities will result from this
subdivision. Improvement of the street will result from this
project.
2. Improvements. The fol'lowing improvements shall be provided for
the proposed subdivision.
(1) Paved streets, not exceeding the requirements for paving
and improvements of a collector street.
(2) Curbs, gutters, and sidewalks.
(3) Paved alleys.
(4) "Street trees or landscaping.
(5) storm drainage improvements and storm sewers.
3. Desiqn standards. The following design standards shall be
required for all subdivisions:
streets and related improvements. E. Hopkins will be improved
with wider pavement, curb and gutter and sidewalk along the
frontage of this parcel. The alley will also be opened from
Cleveland Street for access ,of this project and the duplex on
the other side of the alley. New access agreements are
necessary from the properties directly south of this project.
Engineering has required this as a condition of approval.
street trees are also being added to the Hopkins right-of-
way.
~
,,~
a. Easements. Alley access easements with .neighbors to the rear
must be updated per Engineering's requirements.
b. Lots and blocks. Not applicable.
c. Survey monuments. Not Applicable.
d. utilities. All utility plans have been reviewed by the
appropriate utilities.
e. stOrtn drainaa-e. Rehabilitation of E. Hopkins requires that
drainage not be impeded.
f. Flood hazard areas. Not Applicable.
.
2