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HomeMy WebLinkAboutcoa.lu.su.Maroon Creek.A93-96 ~ ~ cAS GAD SUMMARY SHEET. CITY OlsPEN DATE RECEIVED: 12/17/96 DATE COMPLETE: PARCEL ID # 2735-154-00-005 CASE # A93-96 STAFF: Stan Clauson PROJECT NAME: MaroonCreek Subdivision Insubstantial Amendment Project Address: APPUCANT: Maroon Creek Limited Liability Co. Address/Phone: 10 Club Circle, Aspen, Co. 81611 REPRESENTATIVE: Garfield & Hecht Address/Phone: 601 E. Hyman, Aspen, Co. 925-1936 RESPONSffiLE PARTY: Applicant Other Name/Address: FEES DUE PLANNING ENGINEER HOUSlNG ENV HEALTH CLERK TOTAL $450 $0 $0 $0 $0 $450, FEES RECEIVED PLANNING $450. ENGINEER $ HOUSlNG $ ENV HEALTH $ CLERK $ TOTAL RCVD $450, TYPE OF APPUCATION Staff Approval # APPS RECEIVED 2 # PLATS RECEIVED GIS DISK RECEIVED: P&Z CC CC (2nd readin ) REFERRALS: IJ?'6ty Attorney o City Engineer o Zoning o Housing o Environmental Health o Parks o Aspen Fire Marshal o City Water o City Electric o Clean Air Board o OpenSpace Board o Other: o CDOT o ACSD o Holy Cross Electric o Rocky Mtn Natural Gas o Aspen School District o Other: DATE DUE: \j.,\~;q(" , DATE REFERRED: Q,Jk,1ea INITIALS:~ APPROVAL: OrdinanceIResolution # ~provat> :ofaed: Date: Date: Book \ ~. \to . L1,(., ,Page CLOSED/FILED ROUTE TO: DATE: /i"t-~/ '7'1 INITIALS: 5'A/A---- .. ,- 1"""\. .-..., GARflilElLD & lHllEClHlT, PoCo ATTORNEYS AT LAW /I?3-'1~ TELEPHONE (970) 925-1936 TELECOPIER (970) 925-3008 E-mail garhecht@rof.net RONALD GARFIELD' ANDREW V, HECHT" MICHAEL J. HERRON'" OA VID L. LENYO MATTHEW C. FERGUSON' KRIST! S. FERRARO**** VICTORIAN SQUARE BUILDING 601 EAST HYMAN A VENUE ASPEN, COLORADO 81611 *alsoadmitted to New York Bar Ualso admitted 10 District of Columbia Bar ."* also admitted to Florida Bar "***alsoadmilted to Pennsylvania Bar December 12, 1996 VIA HAND DELIVERY Mr. Stan Clauson, Planning Director City of Aspen Community Development Department 1 30 South Galena Street Aspen, Colorado 8161 1 Re: Maroon Creek Subdivision Dear Stan: Enclosed please find the following documents: A. A photocopy of the Insubstantial P.U.D. Amendment, which has been marked to show the following changes: (1) the deletion of the extraneous verbiage in the fourth line of Recitation "Di" (2) the capitalization of a defined term in Recitation "Fi" and (3) the addition to paragraph 2 of a sentence attaching a form of Certification to the Amendment as Exhibit "A" and such Certification is so attached. B. An execution copy of the Insubstantial P.U.D. Amendment. C. Our client's check in the amount of $450, made payable to the City of Aspen Community Development Department, being the application fee. I am delivering copies of these documents (with the exception of the check) to John and if the document, as amended, meets with both your and John's approval, I would appreciate your execution of same. If you will contact me when it is executed, I will then arrange to have it recorded in the Pitkin County real estate records. -' 1"'\ GARfllEW 6< ItIIECItIJ, P.C. Mr. Stan Clauson December 12, 1996 Page 2 ^ Thank you for your cooperation in this regard. Enclosures MJH\chc cc: John P. Worcester, Esq. (w/encl.) c:\mlh\peglJ\ltrs\clauson.ltr v~ours, M~Herron ~ .,-, ~~V~~ ~ INSUBnANTIAU.U.D. AMENDMENt ~()vJ~ ~~ THIS INSUBSTANTIAL P.U.D. AMEN~~ENT ("Amendment") is . approved by the City of Aspen Planning Director this .. '~day of December, 1996 in. favor of Maroon Creek Limited Liability Company, a Colorado limited liability company, and its successors in interest, the developer of the Maroon Creek Subdivision ("Developer"). . RECITATIONS A. The Maroon Creek Subdivision and the Planned Unit Development (alternatively, "PUD" or "Subdivision") was created pursuant to a Plat recorded on November 15, 1993 in Plat Book 33 at Pages 4 through 15 of the Pitkin County real estate records ("Plat"). B. The Subdivision, at the time of the recordation of the Plat, was located within the Pitkin County limits. Approval for the Subdivision and the recordation of the Plat was granted by the Board of County Commissioners for Pitkin County pursuant to a Subdivision Improvement Agreement for Maroon Creek Club, which was recorded on November 12, 1993 in Book 730 at Page 606 of the Pitkin County real estate records ("S.LA. "). Subsequent to the recordation of the Plat and the S.LA. and the creation of the Subdivision, the Subdivision was annexed into the City of Aspen. As a result of this annexation, the City of Aspen has exclusive jurisdiction over the land use issues and approvals relating to the Subdivision and PUD. C. The Subdivision consists of forty-three (43) single-family lots and three (3) multi-family lots upon which approvals have been granted for the construction of thirty-six (36) multi-family residential units, for a total of seventy-nine (79) free- market residential units. The Subdivision contains, in addition to the free-market residences, lots reserved for employee housing, a golf course and club facilities. D. The S.LA. provides, in paragraph 16, that no certificates of occupancy ("COs") shall be issued for any of the free-market residential units until a certificate of occupancy has been issued for the employee housing in the Subdivision located on Lot 52 consisting of forty-two (42) employee units ("Employee Units") ana Lot 52. The S.LA. further states, in paragraph 16, that substitute security may be provided by the Developer to guaranty the construction of the Employee Units, which will then entitle the Developer to COs for the free-market residential units prior to the completion of the Employee Units. m!h\PeglNnpudagt.OOJ 1"""'\ 1"""'\ E. The Developer, through Shaw Construction, L.L.C. ("Shaw"), has commenced construction of the Employee Units. F. An application has been made to the City of Aspen to modify the approvals granted for the Subdivision and PUD so that construction of the employee ~ Emolovee Uni~ as such construction occurs, may be used as substitute security in order}o obtain COs for the free-market residences. G. The City of Aspen Land Use Code provides that an insubstantial P.U.D. amendment can be executed by the City of Aspen Planning Director. WITNESSETH NOW, THEREFORE, in consideration of the above recitations, the City of Aspen has agreed to an insubstantial amendment to the P.U.D. for the Subdivision, as authorized by the City of Aspen Land Use Code as follows: 1 . Recitations. The above recitations are true and correct. 2. Insubstantial P.U.D. Amendment. From time to time during the construction of the Employee Units, Shaw shall certify ("Certification"), under oath, to the City of Aspen Planning Director indicating the percentage of total construction which has been completed and paid for at the time of such Certification. Acoov of the form of the CertiJis;atjon is attached hereto and made a Dart hereof as ~xhibit "A. " Based upon the Certification, the Developer shall be entitled to a percentage of COs for the seventy-nine (79) free-market residences based upon the formula set forth hereafter. The percentage of gross construction completed and paid for as stated in the Certification shall be multiplied times the number of Employee Units (42) and that product shall be divided by one hundred twenty-five percent (125%). The product thus obtained shall be the number of COs which the Developer shall be entitled to allocate for the seventy-nine (79) free-market residential units. No COs shall be allocated for fractional numbers derived from such formula. By way of example, if Shaw's Certification shows that construction has been completed and paid for for twenty percent (20%) of the total Employee Units, then the Developer shall be entitled to six (6) COs (42 x 20% = 8.4 + 125% = 6.72). If Shaw's second Certification shows thirty-five percent (35%) ofthe total construction ofthe employee units have been completed and paid for, then the Developer shall be entitled to an additional six (6) COs (35% x 42 = 14.7 + 125% = 11.76 + .72 = 12.48 - 6 {previously issued} = 6). mlh\pezlNnpudait.OOJ 2 ;'./' r--.. ~ 3. All COs issued or available pursuant to this Amendment shall be allocated, in writing, by the Developer to the owners of either the single.family or multi-family residential lots in the Subdivision. The City of Aspen Building Department shall be. notified of how many COs are available and the. owner of any such lot within the Subdivision shall then provide a written allocation from the Developer to evidence tl1eir entitlement to a CO. .4: Except as amended by this Amendment, the approvals granted by the Plat and the S.I.A. remain in full force and effect. IN WITNESS WHEREOF, this Amendment is executed on the day and year first written above. By: APPR )0 -.-.--.....------- COMPARISON OF FOOTERS ---------.....---. -FOOTER 1- mjh\pegii\inl'udagt.002 inoudagt,OQ3 '- mjh\pegU\lnpudaCt-OOJ 3 r\ ,^ RONALD GARFIELD' ANDREW V, HECHT" MICHAEL J. HERRON*** DAVID L LENYO MATTHEW Co FERGUSON' KRISTI S. FERRARO"''''** ATTORNEYS AT LAW VICTORIAN SQUARE BUILDING 601 EAST HYMAN AVENUE ASPEN, COLORADO 8161 I 't'.~.'t>ij. J ~~'"., \, ,..J'fi,l1fHONE "\~t~7j)) 925- I 936 TELECOPIER (970) 925-3008 E-mail garhecht@rof.net GAJRfliJElD & IHIEClHIt, r.c. *alsoadmittcd to New York Bar "a\so admitted to District of Columbia Bar u* also admitted to Florida Bar **"*alsoadmittedtO Pennsylvania Bar December 3, 1996 VIA HAND DELIVERY VIA "AND DELIVERY Mr. Stan Clauson City of Aspen Planning Director 130 South Galena Street, Third Floor Aspen, Colorado 81611 John P. Worcester, Esq. City Attorney, Oty of Aspen 1 30 South Galena Street, 2nd Floor Aspen, Colorado 8 t 61 1 Re: Maroon Creek Subdivision Dear Stan and John: Enclosed please find a draft of the Insubstantial P.U.D. Amendment which I have drafted as a result of my conversation with Stan. We have attempted to address your concern about granting COs on a one-for-one basis by the 125% division set forth in the formula in paragraph 2. I would appreciate your reviewing the enclosure and advising whether you have any questions, comments or changes. Thank you for your cooperation in this regard. Enclosure MJH\chc c:\mlh\peggl\ltrS\dauworc.ltr ../ , .I'''', ~ GARFIELD & HECHT., P.C. PREUMlNARY Oft: Dated /O)~ 3~ REVIEW AND DISCUSSION NOT FOR S'QNAnJRE THIS INSUBSTANTIAL P.U.D. AMENDMENT ("Amendment") is approved by the City of Aspen Planning Director this day of December, 1996 in favor of Maroon Creek Limited Liability Company, a Colorado limited liability company, and its successors in interest, the developer of the Maroon Creek SubdMsion ("Developer"). RECITATIONS A. The Maroon Creek Subdivision and the Planned Unit Development (alternatively, "PUD" or "Subdivision") was created pursuant to a Plat recorded on November 15, 1993 in Plat Book 33 at Pages 4 through 15 of the Pitkin County real estate records ("PlatU). B. The Subdivision, at the time of the recordation of the Plat, was located within the Pitkin County limits. Approval for the Subdivision and the recordation of the Plat was granted by the Board of County Commissioners for Pitkin County pursuant to a Subdivision Improvement Agreement for Maroon Creek Club, which was recorded on November 12, 1993 in Book 730 at Page 606 of the Pitkin County real estate records (US.LA.U). Subsequent to the recordation of the Plat and the S.LA. and the creation of the Subdivision, the Subdivision was annexed into the City of Aspen. As a result of this annexation, the City of Aspen has exclusive jurisdiction over the land use issues and approvals relating to the Subdivision and PUD. C. The Subdivision consists of forty-three (43) single-family lots and three (3) multi-family lots upon which approvals have been granted for the construction of thirty-six (36) multi-family residential units, for a total of seventy-nine (79) free- market residential units. The Subdivision contains, in addition to the free-market residences, lots reserved for employee housing, a golf course and club facilities. D. The S.LA. provides, in paragraph 16, that no certificates of occupancy (UCOSU) shall be issued for any of the free-market residential units until a certificate of occupancy has been issued for the employee housing in the Subdivision located,on Lot 52 consisting of forty-two (42) employee units (UEmployee UnitsU) and Lot 52. The S.LA. further states, in paragraph 16, that substitute security may be provided by the Developer to guaranty the construction of the Employee Units, which will then entitle the Developer to COs for the free-market residential units prior to the completion of the Employee Units. mlh\pegiNnpudagt.OO2 /'''''''\" .~ E. The Developer, through Shaw Construction, L.L.c. ("Shaw"), has commenced construction of the Employee Units. F. An application has been made to the City of Aspen to modify the approvals granted for the Subdivision and PUD so that construction of the employee units, as such construction occurs, may be used as substitute security in order to obtain COs for the free-market residences. G. The City of Aspen Land Use Code provides that an insubstantial P.U.D. amendment can be executed by the City of Aspen Planning Director. WITNESSETH NOW, THEREFORE, in consideration of the above recitations, the City of Aspen has agreed to an insubstantial amendment to the P.U.D. for the Subdivision, as authorized by the City of Aspen Land Use Code as follows: 1 . ,Recitations. The above recitations are true and correct. 2. Insubstantial P.U.D. Amenc:lment. From time to time during the construction ofthe Employee Units, Shaw shall certify ("Certification"), under oath, to the City of Aspen Planning Director indicating the percentage of total construction which has been completed and paid for at the time of such Certification. Based upon the Certification, the Developer shall be entitled to a percentage of COs for the seventy-nine (79) free-market residences based upon the formula set forth hereafter. The percentage of gross construction completed and paid for as stated in the Certification shall be multiplied times the number of Employee Units (42) and that product shall be divided by one hundred twenty-five percent (125%). The product thus obtained shall be the number of COs which the Developer shall be entitled to allocate for the seventy-nine (79) free-market residential units. No COs shall be allocated for fractional numbers derived from such formula. By way of example, if Shaw's Certification shows that construction has been completed and paid for for twenty percent (20%) of the total Employee Units, then the Developer shall be entitled to six (6) COs (42 x 20% = 8.4 ..;. 125% = 6.72). If Shaw's second Certification shows thirty-five percent (35%) of the total construction of the employee units have been completed and paid for, then the Developer shall be entitled to an additional six (6) COs (35% x 42 = 14.7..;. 125% = 11.76 + .72 = 12.48 - 6 {previously issued} = 6). mlh\peglNnpudagt.OO2 2 1"". ,-., 3. All COs issued or available pursuant to this Amendment shall be allocated, in writing, by the Developer to the owners of either the single-family or multi-family residential lots in the Subdivision. The City of Aspen Building Department shall be notified of how many COs are available and the owner of any such lot within the Subdivision shall then provide a written allocation from the Developer to evidence their entitlement to a CO. 4. Except as amended by this Amendment, the approvals granted by the Plat and the S.I.A. remain in full force and effect. IN WITNESS WHEREOF, this Amendment is executed on the day and year first written above. CITY OF ASPEN By: Stan Clauson, Planning Director APPROVED AS TO FORM: John P. Worcester, City Attorney mjh\peglNnpudagt.OO2 3