Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Land Use Case.S Aspen St.0075.2007.ASLU
THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECT ADDRESS CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0075.2007.ASLU 2735-131-39-003, 2735-131-39-002, 2735-131-39-001 0 Zero Aspen — South Aspen Street Subdivision Jennifer Phelan Vested Rights Extension Aspen Land Fund, LLC 1 /29/2008 CLOSED BY Angela Scorey ,a. 9a F# 6 d tl6L4M� FOwt Rapa4 Fa9aL L+6 !kb _ (yt} .X > rg 1 {-1 .� d • it N a rt ['� Jk, r' 3 g.) Manl Cugm iYEN I9cCos IFey IFro $eMIWE IYeLNimi'Psrell I51G2amd9 ILaPB4oRi'ReWtlmeY l ... I� �,,.,.... Peei Tye Jl �]Ary Lad U,e PaedM pW`+.3W].PAu AE6me 2EP0 FEN JZ AM/Su F Sttl rCD $ BI611 �I Perm le/anuuon G. -, M.WP F�--. �— Aft Duma�w�•� AK�'d 1211912 J --A$ J AM D..*Am1 STED R[GHTS TEN STREET SNBD�NI I6IONFUD —J -- PAACELS. 2M131A 3,2735131 M-0 ,2] 1M H001 FM J Sd w 9256958 Cbck RZ;. Dq F 1 Ey l 121131M J Led N.LAro FINDnuc J Mm N.F BIRCH ST SUITE 260 NEW ORT BEACH CA S26W _... _. AMirt _... __. Lad—LPN)fUlU I1 LLC _.. FdN.F SI PAwe� CuNtl 2]39B 2, S3C REIM NEWPDRi BEACH CA 9MW Lal Nemec----_� FdNare�—F FMm DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows for the extension of vested rights for the development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The vested property right shall expire on July 28, 2009, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of the initial Order. This Development Order is associated with the property noted below. Aspen Land Fund II LLC— Attention John Sarpa 300 Spring Street Suite 301 Aspen CO 81611 Phone: (9970)544-3541 Property Owner's Name, Mailing Address and telephone number Block 6 of the Eames Addition to the City and Townsite, Lots 7-12, Block 11, Eames Addition to the City and Townsite of Aspen, and Lots 13-20, Block 11, Eames Addition to the City and Townsite of Aspen. Legal Description and Street Address of Subject Property The Applicant received a one year extension of his vested rights until July 28, 2009 as were originally granted by Ordinance 32, Series 2003. Written Description of the Site Specific Plan and/or Attachment Describing Plan City Council Resolution No. 9, Series of 2008. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) Effective Date of Vested Rights Extension July 28, 2009 Expiration Date of Vested Rights Extension (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 11`h day of February, 2008, by the City of Aspen Community Chris Bendon, Community Development Director ATTACHMENT AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO SCHEDULED PUBLIC HEARING DATE: N /fi , 200 STATE OF COLORADO ) ) ss. County of Pitkin ) I, Ah" ct t- L /0 =�C C,it' ,'/ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: /Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 200 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. r Signat re The foregoing "Affidavit of Notice" was acknowledged before me this day of 200. by tiz I dy Public Notice 70 PUBLIC NOTICE Of DEVELOPMENT APPROVAL si City of Aspen Published in the Aspen Times Weekly on February t d, 2008. (1 MO&W) WITNESS MY HAND AND OFFICIAL SEAL ATTACHMENTS: COPY OF THE PUBLICA TION 'HOTOGRAPH OF THE POSTED NOTICE (SIGN OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL RESOLUTION NO.9 (Series of 2008) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO. 32, SERIES OF 2003 FOR THE SOUTH ASPEN STREET SUBDIVISION/PUD APPROVAL, BEING A PARCEL OF LAND DESCRIBED AS PARCELS 1, 2, AND 3, OF THE SOUTH ASPEN STREET SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PITIQN COUNTY, COLORADO. Parcel No. 2735-131-39-001 (Parcel 1) Parcel No. 2735-131-39-002 (Parcel 2) Parcel No. 2735-131-39-003 (Parcel 3) WHEREAS, the Community Development Department received an application from Aspen Land Fund II, LLC, represented by Sunny Vann, of Vann and Associates, requesting approval of a one (1) year extension of the vested rights granted for the South Aspen Street Subdivision/ PUD pursuant to Ordinance No. 32, Series of 2003; and, WHEREAS, City Council adopted Ordinance No. 32, Series of 2003, which approved a subdivision/PUD and awarded Vested Property Rights status for the development of fourteen (14) free-market residential units and seventeen (17) affordable housing units until July 28, 2006; and, WHEREAS, the applicant submitted the application for extension of vested property rights on March 20, 2006 before the vested rights expired, which was approved via Resolution No. 36, Series of 2006; and, WHEREAS, the applicant submitted the application for extension of vested property rights before the vested rights expired in 2007, which was approved via Resolution No. 29, Series of 2007; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may grant an extension of vested rights after a public hearing is held and a resolution is adopted; and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of an extension of vested rights for the South Aspen Street Subdivision/ PUD; and, WHEREAS, the Aspen City Council has reviewed and considered the requested of vested rights for the South Aspen Street Subdivision/ PUD under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of vested rights, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan and will allow the applicant to participate in a master planning process of the subject property and some surrounding areas; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO,THAT: Section 1• The Aspen City Council does hereby extend the vested rights until July 28, 2009, as approved by Ordinance No. 32, Series of 2003 for parcels 1, 2, and 3, of the South Aspen Street Subdivision/PUD, City and Townsite of Aspen for the South Aspen Street Subdivsion/PUD with the following conditions: That the establishment herein of a vested property right shall not preclude the application or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes, and all adopted impact fees. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, and impact fees that are in effect at the time of building permit, unless an exemption therefrom is granted in writing. 2. Due to the Applicant's consideration of participating in a master planning process of the subject property and certain neighboring parcels, the existing application(s) for building permit shall be considered dormant by the Chief Building Official and Section 105.3.2., Time ['imitation of application, of the 2003 International Building Code shall not apply until July 28, 2009. Applicant shall have the right to reactivate the building permit application at any time prior to July 28, 2009. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4• If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5• A duly noticed public hearing on this Resolution was held on the 28th day of January, 2008 at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, adopted, passed, and approved by a 5 to 0 vote on this 280' day of January 2008. Approved as to form: Approved as to content: Wo cester, City Attorney Michael Attest: Kathryn S.01Wch, City Cleric Exhibit A Legal description of parcels 1, 2, and 3 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1: P71 Block 6, FAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more particularly described as follows: Bagirnirg at a paint which is the intersection of the Easterly right of way line of Garmisch Street and the Southerly right of way line of Dean Avenue, from whence the Northeast Comer of Section 13, Township 10 South, Range 85 West of the 6th P.fei.. bears N 53"20'28" East 814.66 feet ?hence a!org Me Southedy right of way line of Dean Avenue S 75'09'1t" E 330 feet to the Westerly right of way line of Aspen Street, t,,r-c.- alp^g said tight of way line of Aspen Street S 14°50'49" W 130 feet to the Northerly right of way line of Juan Street, _rse along said right of way line of Juan Street N 75"09" 1" W 330 feet to thz Eas?>_dy right of way line of Garmisch ,unStraet; thence along said right of way line of Garmisch Street N 14°50'49" E 130 feet to the point of beginning. E."CE?TING therefrom: The portion described in Book 232 at Page 362 The move parcel is also described as follows: Beginning at a point which is the intersection of the Eastedy right-of-way line of Garmisch Street and the Southerly Beginning line of Dean h i Avenue. from whence the Northeast comer of Section 13, Township 10 South, Range 85 West of the SiKth Principal Meridian bears N 53"20'28" E 814.56 feet, more or less; ther,ce along the Southerly right-of-way lin _ of Dean Avenue S 75"09'11" E 330 fee, more or less, to the Westerly right-of-way line of Aspen Street; 14"50'49" W 130 feet, more or less to the Northerly right-of-way me thence along said right-of-way line of Aspen Street S of Juan Sleet; thence sicr.g said right-of-way line of Juan Street N 75°09'11" W 298.20 feet, to the Southeasterly comer of that parcel o lar._ described Ic 2cok 232 at Page 362; there=_ N 40'21'11" 'N along the Northeastar'y lire of said parcel, a distance of 33.73 feet to the Northeasterly right -Of -way line oFGarmisch. S."traet; thence along said :fight -of -way line of Gamisch Street N 14"50'49" E 107.90 feet, mere or less, to the point of beginning. SAID PARCEL OP LAND ALSO BEING DESCRIBED AS FOLLOWS: Block 6, FAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more par;icu'ady described as follows: Beginning at a point which is the intersection of ^e Eastedy right of way line of nship ch Street and the Southerly right of way lire of D=_an Avenue, from whence the Nor. -east Comer of Section 13, Township 10 South, Range BS West of the 6th Principal Meridian., bears N 53'20'28" East 314.56 feet more or less; thence along the Southerly right of way line of been Avenue S 75"09'11" E 330 felt, more or less to the Westerly right of wev line of Aspen Street; S 14`50'49" W 130 feet, more or less to the Northerly right of way line thence along said right of way line of Aspen S of Juan Street; thence along said right of way line of Juan Street N 7� 09'11" W 330 feet, more or less to the Eastedy right of way line o Gamisch Street; thence along said right of way line of Garmisch Street N 14*50149" E 130 feet, more or less to the point of beginning. EXCEPTING therefrom: That parcel of land described in Book 232 at Page 362 in the records of the Clerk and Recorder of Pitkin County, Colorado. Said Parcel t is also described as follows: Beginning at a point which is the intersection of the Easterly right-of-way line of Garmisch Street and the Southerly P72 right-of-way line of Dean Avenue, from whence the Northeast comer of Section 13, Township 10 South, Range 85 West of the Sixth Principal Meridian bears N 53"20'28" E 814.56 feet, more or less; thence along the Southerly right-of-way line of Dean Avenue S 75"09'11" E 330 fee, more or less, to the Westerly right-of-way line of Aspen Street; thence along said right-of-way line of Aspen Street S 14"50'49" W 130 feet, more or less to the Northerly right-Df-way line of Juan Street hence along said right-of-way line of Juan Street N 75'09'11" W 298.20 feet, to the Southeasterly comer of that parcel of land described in Book 232 at Page 362; thence N 40°21'11" W along the Northeasterly line of said parcel, a distance of 38.73 feet to the Northeasterly right-of-way line of Gannisch Street', thence along said right-of-way line of Garmisch Street N 14"50'49" E 107.90 feet, more or less, to the point of beginning. PARCEL2: That portion of the Northeast one -quarter of the Northeast one -quarter (Lot 1) of Section 13, Township 10 South. Range 35 West of the 6th P.M., described as follows: Beginning at the Northeast Comer of Lot 13, Block 11, Eames Addition; thence N 75"09'11" W 1 S1.25 feet; thence S 14"50'49" W 78.00 feet; thence S 03"55'43"'N 164.99 feet; thence S 75'09'11" E 150,00 feet; thence N 14'50'49" E 243.00 feet to the point of beginning. ALSO KNOWN AS Lots 13, 14, 15. 15, 17, 18, 19 and 20, Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, and a tract of land being part of Lot 1 of Section 13, Township 10 South, Range 85 West of the 6th P.M., described as follows: Beginning at the Northwesterly comer of Lot 13, Block 11, Eames Addition; thence S 14'=0'49" W 240.00 feet along the Westerly line of said Block 11 to the Southwesterly comer of Lot 20, Block 11. Eames Addition: thence N 03°55'43" E 154.99 feet; thence N 14"50'=5E 73.00 feet; thence S 75"09'11" E 31.25 feat to the point of beginning. AND Lots 7, 8, 9, 10, 11 and 12, Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more fully described as follows: Beginning at the Northwesterly comer of said Lot 7; thence S 75'09'11" E 180.00 feet along the Northerly boundary line of said Block 11; thence S 14"50'49" W 1o0.00 feet along the Easterly boundary line of said Block 11; thence N 75"09'11" V1 180.CD feet along the Southerly boundary line of said Lots 7-12 tD the Southwesterly comer of said Lot 7; thence N 14"50'49" E 16C.00 feet along the Westerly boundary line of said Lot 7 to the point of beginning. SAID PARCEL OF LAND ALSO BEING DESCRIBED AS FOLLOWS: Beginning at the Sou`h'.vest comer of said Let 7, a rebar and cap PLS # 29030, from which a rebar and cap PLS # 2547 bears N 55" E a distance of 0.7 feet; thence N 14 49" E along the westerly line of said Lot 7, a distance of 100.00 feet to the Northwest comer of said Lot 7, also being at :he Southerly right-of-way of Juan Street in the City of Aspen, a rebar and cap PLS # 2547; thence 3 75' 09'11" E along the Northerly line of said 5lock 11, also being the Southerly right-of-way line of said Juan Street a distance of 180.0C `-et to the Northeast comer of said Block 11, a rebar and cap PLS # 29030; thence S 14"50'49" W along tre Easterly line of said Block 11, also being the Westerly right-of-way of Aspen Street in the City of Aspen a distance of 100.00 feet to the Southeast comer of said Lot 12, a rebar and cap PLS # 29030; thence N 75*09'11" W along the Southerly line of said Lots 7,8,9,10,11 and 12 a distance of 1 B0.00 feet to the point of beginning. P73 AND The vacated alley situated in Block 1 t, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN. Regular Meetine Aspen City Council January 28, 2008 AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH CONDITIONS SUBDIVISION REVIEW AND VESTED PROPERTY RIGHTS FOR THE MOUNTAIN PLAZA (BIDWELL BUILDING) REDEVELOPMENT AND SUBDIVISON LOCATED AT 434 E. COOPER AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO Councilman DeVilbiss asked what effect an approval at first reading has. John Worcester, city attorney, stated it means that Council has complied with the requirements of the City Charter, requiring two readings of an ordinance. Worcester said the purpose of this is to give the public advanced notice when a project will be considered. Councilman DeVilbiss asked if Council's approval on first reading binds the Council to any specific approvals on second reading. Worcester stated it does not and it allows the project to proceed to public hearing. Councilman DeVilbiss moved to adopt Ordinance #1, Series of 2008, on first reading; seconded by Councilman Skadron. Roll call vote; Councilmembers Johnson, yes; DeVilbiss, yes; Romero, yes; Skadron, yes; Mayor Ireland, yes. Motion carved. RESOLUTION #9, SERIES OF 2008 — South Aspen Street Extension of Vested Rights Councilman Romero stated his firm is engaged with a component of this ownership in a different project; however, this is an extension of vested rights for a different project that already has approval, he stated he does not feel he needs to step down. Jennifer Phelan, community development department, told Council this is a request for extension of vested rights submitted by Aspen Land Fund II. This property is on South Aspen street and the current approval is 17 affordable housing units and 14 free market residential units. The project is being reviewed for a building permit. Ms. Phelan reminded Council they reviewed and denied a lodge, which would have been built in lieu of townhomcs, for this property. Ms. Phelan told Council the applicant is considering participating in a master planning process for this area but would like assurance that the townhome project can continue. This resolution would give extension to July 28, 2009, of the vested rights while the master planning goes on. Ms. Phelan noted based on the review criteria, staff is recommending extension of vested rights with two conditions. Ms. Phelan noted the second condition would allow the existing building permit application to be dormant. Ms. Phelan pointed out the building code contains a requirement that the building permit expires after a certain time unless an extension is requested. This applicant is participating in the master planning process and would like the condition to state that the building permit section does not apply. The applicants would also like the assurance that they may reactivate the building permit application at anytime by adding "the applicant shall have the right to reactivate the building permit at anytime prior to July 28, 2009". Councilman Romero asked if there is any assurance there will be participation in the master planning process. Councilman Johnson noted the resolution does refer to the A Regular Meetine Aspen City Council January 28, 2008 applicant participating in a master planning process. John Sarpa, applicant, told Council they have had discussions with the Ski Company and Lift One Lodge to work on how feasible a master planning for this area is. Sarpa said they would like to freeze the townhome application and allow the master planning process to go forward. John Worcester, city attorney, said staff and the interested parties have agreed to present something to Council by February 251h. Mayor Ireland moved to approve Resolution #9, Series of 2008, with amendments as outlined; seconded by Councilman DeVilbiss. John Worcester, city attorney, said the 4 parties - the Ski Company, two developers and the city — will request Council consider that entire area eligible for a COWOP. This will describe the area, the parties involved, the process to be followed, a timetable, the scope of work, and have Council identify members of the task force. Mayor Ireland asked if Council will have time to outline their goals for this process. Worcester said staff will hear from Council and can present it to the applicants. Worcester said staff would like to be as flexible as possible and have asked the other parties not to present their final goals. Councilman Johnson said he would like to meet with staff to let them know what he would like to see in a master planning process. Mayor Ireland said one of the things that could be done in the COWOP process is to have a P&Z review to get their input. Councilman Skadron said the ski lift is a significant component of the proposed application. Worcester said the Ski Company understands one of the points of discussion is moving the ski lift. Councilman DeVilbiss stated he has been skeptical about the COWOP process; however, he is resolved that where the Lodge at Aspen Mountain was headed was an all or nothing proposition. Councilman DeVilbiss said the COWOP might lead to something better for the area including moving the lift closer to town. Mayor Ireland opened the public hearing. Les Holst said there should be language that protects the citizens of the community. Toni Kronberg said this could be one of Aspen's best diamonds in the entire community, if it is planned right. Ms. Kronberg said the COWOP process can be a good one if the public is included in it early. All in favor, motion carried. ORDINANCE #29, SERIES OF 2007 — 634 Hyman (Wienerstube) Subdivision Jessica Garrow, community development department. noted there is a memorandum from Stan Clauson dated January 28, 2008, two petitions with 40 signatures supporting the proposal, and a set of pictures from the area context provided by Charles Cunniffe. Ms. Garrow said there are two amendments from the applicant to provide a cash -in -lieu payment of $459,293 for 2.25 full time equivalent employees, which is in addition to the proposed on site affordable housing units. Ms. Garrow reminded Council the project MEMORANDUM TO: Mayor Ireland and Aspen City Council THRU: Chris Bendon, Community Development Director AM FROM: Jennifer Phelan, Community Development Deputy Director RE: South Aspen Subdivision/PUD Extension of Vested Rights —Resolution - Series 2008 — Public Hearine MEETING DATE: January 28, 2008 APPLICANT /OWNER: PROPOSED LAND USE: Aspen Land Fund II, LLC Currently approved for a free market residential and affordable housing townhome development, REPRESENTATIVE: proposed is lodging development through a Sunny Vann, Vann Associates, LLC master planning process. LOCATION: PLANNING AND ZONING COMMISSION AND West side of South Aspen Street near the STAFF RECOMMENDATION: base of Aspen Mountain. Approval with conditions. CURRENT ZONING &: APPROVED USE SUMMARY: L and R-15 Zone District with a Lodge The Applicant requests an extension of their and PUD Overlay, approved for fourteen vested rights to July 28, 2009 with regard to the (14) fee -market residential units and existing approval for a free-market and seventeen (17) affordable housing units. affordable housing residential development. LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval: • Extension or Reinstatement of Vested Rights to reinstate the vested rights of the approved residential project to July 28, 2009, pursuant to Land Use Code Section 26.308.010 C., Extension or Reinstatement of Vested Rights. (City Council is final review authority who may approve or deny the proposal). PROJECT SUMMARY: The Applicant has requested an extension of their vested rights for the project approved by Ordinance No. 32, Series 2003, which allows the applicant to develop the site with fourteen (14) free-market residential units and seventeen (17) affordable housing units. The ordinance vested the approval until July 28, 2006. The applicant received an extension of their vested rights to July 28, 2007 via Resolution No. 36, Series of 2006 while an alternative lodging development proposal for the site was under consideration and another year extension to July 28, 2008 via Resolution No. 29, Series of 2007. Since the extension of the vested rights, the application for the lodge project was denied by the City Council and the Applicant has submitted a building permit application for the townhome project. Currently, the Applicant is considering collaborating with several neighboring landowners on a master planning process for the area near Lift IA and S. Aspen Street. The Applicant would like assurances via an extension of the vested rights of the project that the townhome project will not become null and void if the Applicant participates in a master planning process since the outcome of the process is unknown. STAFF COMMENTS: VESTED RIGHTS EXTENSION: The Applicant is requesting an extension of their vested rights until July 28, 2009 pursuant to Section 26.308.010 C. of the City's Land Use Code. The Applicant is requesting the extension of their vested rights because, "the Applicant cannot allow the residential project's vested rights to expire as the property's financing was made in reliance of the existing approvals. " Staff believes that the City would be better served with a hotel at this location rather than a purely residential development. It is in the City's best interest to add to its lodging bedroom base and a master planning process may provide an acceptable community solution with regard to development at the base of Lift IA. Therefore, Staff believes that the extension of vested rights would benefit the City by encouraging the Applicant to pursue a master planning process for the property. RECOMMENDATION: Staff recommends that the City Council approve the requested extension of vested property rights with an expiration date of July 28, 2009 for the South Aspen Subdivision/PUD with the following condition: That the establishment herein of a vested property right shall not preclude the applications or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes, and all adopted impact fees. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, and impact fees that are in effect at the time of building permit, unless an exemption therefrom is granted in writing. 2. Due to the Applicant's consideration of participating in a master planning process of the subject property and certain neighboring parcels, the existing application(s) for building permit shall be considered dormant by the Chief Building Official and Section 105.3.2., Time limitation of application, of the 2003 International Building Code shall not apply until June 28, 2009. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Resolution No.q, Series of 2008, approving a extension of vested property rights for the South Aspen Subdivision/PUD as was originally approved by Ordinance No. 32, Series of 2003. The new expiration date will be July 28, 2009." CITV MANAGER'S ATTACHMENTS: EXHIBIT A — Review Criteria and Staff Findings EXHIBIT B — Application rrr 4e✓ RESOLUTION NO. =1 (Series of 2006) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO. 32, SERIES OF 2003 FOR THE SOUTH ASPEN STREET SUBDIVISION/PUD APPROVAL, BEING A PARCEL OF LAND DESCRIBED AS PARCELS 1, 2, AND 3, OF THE SOUTH ASPEN STREET SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-131-39-001 (Parcel 1) Parcel No. 2735-131-39-002 (Parcel 2) Parcel No. 2735-131-39-003 (Parcel 3) WHEREAS, the Community Development Department received an application from Aspen Land Fund II, LLC, represented by Sunny Vann, of Vann and Associates, requesting approval of a one (1) year extension of the vested rights granted for the South Aspen Street Subdivision/ PUD pursuant to Ordinance No. 32, Series of 2003; and, WHEREAS, City Council adopted Ordinance No. 32, Series of 2003, which approved a subdivision/PUD and awarded Vested Property Rights status for the development of fourteen (14) free-market residential units and seventeen (17) affordable housing units until July 28, 2006; and, WHEREAS, the applicant submitted the application for extension of vested property rights on March 20, 2006 before the vested rights expired, which was approved via Resolution No. 36, Series of 2006; and, WHEREAS, the applicant submitted the application for extension of vested property rights before the vested rights expired in 2007, which was approved via Resolution No. 29, Series of 2007; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may grant an extension of vested rights after a public hearing is held and a resolution is adopted; and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of an extension of vested rights for the South Aspen Street Subdivision/ PUD; and, WHEREAS, the Aspen City Council has reviewed and considered the requested of vested rights for the South Aspen Street Subdivision/ PUD under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of vested rights, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan and will allow the applicant to participate in a master planning process of the subject property and some surrounding areas; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO,THAT: Section 1: The Aspen City Council does hereby extend the vested rights until July 28, 2009, as approved by Ordinance No. 32, Series of 2003 for parcels 1, 2, and 3, of the South Aspen Street Subdivision/PUD, City and Townsite of Aspen for the South Aspen Street Subdivsion/PUD with the following conditions: That the establishment herein of a vested property right shall not preclude the applications or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes, and all adopted impact fees. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, and impact fees that are in effect at the time of building permit, unless an exemption therefrom is granted in writing. 2. Due to the Applicant's consideration of participating in a master planning process of the subject property and certain neighboring parcels, the existing application(s) for building permit shall be considered dormant by the Chief Building Official and Section 105.3.2., Time limitation of application, of the 2003 International Building Code shall not apply until June 28, 2009 Section 2• All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5• A duly noticed public hearing on this Resolution was held on the 28th day of January, 2008 at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, adopted, passed, and approved by a Approved as to form: John P. Worcester, City Attorney Attest: Kathryn S. Koch, City Clerk to_ (_-_) vote on this _ day of 2008. Approved as to content: Michael C. Ireland, Mayor Exhibit A Legal description of parcels 1, 2, and 3 EXHIBIT "A" LEGAL DESCRIPTION PARCELI: Block 6, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more particularly described as follows: Beginning at a point which is the intersection of the Easterly right of way line of Garmisch Street and the Southerly right of way line of Dean Avenue, from whence the Northeast Comer of Section 13, Township 10 South, Range 85 West of the 6th P.M., bears N 53°20'28" East 814.56 feet; thence along the Southerly right of way line of Dean Avenue S 75*09'11" E 330 feet to the Westerly right of way line of Aspen Street; thence along said right of way line of Aspen Street S 14'50'49" W 130 feet to the Northerly right of way line of Juan Street; thence along said right of way line of Juan Street N 75'09'11" W 330 feet to the Easterly right of way line of Garmisch Street; thence along said right of way line of Garmisch Street N 14'50'49" E 130 feet to the point of beginning. EXCEPTING therefrom: The portion described in Book 232 at Page 362. The above parcel is also described as follows: Beginning at a point which is the intersection of the Easterly right-of-way line of Garmisch Street and the Southerly right-of-way line of Dean Avenue, from whence the Northeast corner of Section 13, Township 10 South, Range 85 West of the Sixth Principal Meridian bears N 53°20'28" E 814.56 feet, more or less; thence along the Southerly right-of-way line of Dean Avenue S 75'09'11" E 330 fee, more or less, to the Westerly right-of-way line of Aspen Street; thence along said right-of-way line of Aspen Street S 14°50'49" W 130 feet, more or less to the Northerly right-of-way line of Juan Street; thence along said right-of-way line of Juan Street N 75*09'11" W 298.20 feet, to the Southeasterly corner of that parcel of land described in Book 232 at Page 362; thence N 40'21'11" W along the Northeasterly line of said parcel, a distance of 38.73 feet to the Northeasterly right-of-way line of Garmisch Street; thence along said right-of-way line of Garmisch Street N 14°50'49" E 107.90 feet, more or less, to the point of beginning. SAID PARCEL OF LAND ALSO BEING DESCRIBED AS FOLLOWS: Block 6, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more particularly described as follows: Beginning at a point which is the intersection of the Easterly right of way line of Garmisch Street and the Southerly right of way line of Dean Avenue, from whence the Northeast Comer of Section 13, Township 10 South, Range 85 West of the 6th Principal Meridian., bears N 53°20'28" East 814.56 feet more or less; thence along the Southerly right of way line of Dean Avenue S 75'09'11" E 330 feet, more or less to the Westerly right of way line of Aspen Street; thence along said right of way line of Aspen Street S 14"50'49" W 130 feet, more or less to the Northerly right of way line of Juan Street; thence along said right of way line of Juan Street N 75'09'11" W 330 feet, more or less to the Eastedy right of way line of Garmisch Street; thence along said right of way line of Garmisch Street N 14°50'49" E 130 feet, more or less to the point of beginning. EXCEPTING therefrom: That parcel of land described in Book 232 at Page 362 in the records of the Clerk and Recorder of Pitkin County, Colorado. Said Parcel 1 is also described as follows: Beginning at a point which is the intersection of the Easterly right-of-way line of Garmisch Street and the Southerly �...� mow.... right-of-way line of Dean Avenue, from whence the Northeast comer of Section 13, Township 10 South, Range 85 West of the Sixth Principal Meridian bears N 53°20'28" E 814.56 feet, more or less; thence along the Southerly right-of-way line of Dean Avenue S 75'09'11" E 330 fee, more or less, to the Westerly right-of-way line of Aspen Street; thence along said right-of-way line of Aspen Street S 14"50'49" W 130 feet, more or less to the Northerly right-of-way line of Juan Street; thence along said right-of-way line of Juan Street N 76009'11" W 298.20 feet, to the Southeasterly corner of that parcel of land described in Book 232 at Page 362; thence N 40*21'11" W along the Northeasterly line of said parcel, a distance of 38.73 feet to the Northeasterly right-of-way line of Garmisch Street; thence along said right-of-way line of Garmisch Street N 14°50'49" E 107.90 feet, more or less, to the point of beginning. PARCEL2: That portion of the Northeast one -quarter of the Northeast one -quarter (Lot 1) of Section 13, Township 10 South, Range 85 West of the 6th P.M., described as follows: Beginning at the Northeast Comer of Lot 13, Block 11, Eames Addition; thence N 75*09'11" W 181.25 feet; thence S 14°50'49" W 78.00 feet; thence S 03°55'43" W 164.99 feet; thence S 75*09'11" E 150.00 feet, thence N 14°50'49" E 240.00 feet to the point of beginning. ALSO KNOWN AS Lots 13, 14, 15, 16, 17, 18, 19 and 20, Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, and a tract of land being part of Lot 1 of Section 13, Township 10 South, Range 85 West of the 6th P.M., described as follows: Beginning at the Northwesterly comer of Lot 13, Block 11, Eames Addition; thence S 14°50'49" W 240.00 feet along the Westerly line of said Block 11 to the Southwesterly corner of Lot 20, Block 11, Eames Addition; thence N 03°55'43" E 164.99 feet; thence N 14°50'49" E 78.00 feet; thence S 75°09'11" E 31.25 feet to the point of beginning. mile, Lots 7, 8, 9, 10, 11 and 12, Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more fully described as follows: Beginning at the Northwesterly corner of said Lot 7; thence S 75'09'11" E 180.00 feet along the Northerly boundary line of said Block 11; thence S 14°50'49" W 100.00 feet along the Easterly boundary line of said Block 11; thence N 75*09'11" W 180.00 feet along the Southerly boundary line of said Lots 7-12 to the Southwesterly comer of said Lot 7; thence N 14°50'49" E 100.00 feet along the Westerly boundary line of said Lot 7 to the point of beginning. SAID PARCEL OF LAND ALSO BEING DESCRIBED AS FOLLOWS: Beginning at the Southwest corner of said Lot 7, a rebar and cap PLS # 29030, from which a rebar and cap PLS # 2547 bears N 55' E a distance of 0.7 feet; thence N 14°50'49" E along the westerly line of said Lot 7, a distance of 100.00 feet to the Northwest corner of said Lot 7, also being at the Southerly right-of-way of Juan Street in the City of Aspen, a rebar and cap PLS # 2547; thence S 75'09'11" E along the Northerly line of said Block 11, also being the Southerly right-of-way line of said Juan Street a distance of 180.00 feet to the Northeast corner of said Block 11, a rebar and cap PLS # 29030; thence S 14°50'49" W along the Easterly line of said Block 11, also being the Westerly right-of-way of Aspen Street in the City of Aspen a distance of 100.00 feet to the Southeast corner of said Lot 12, a rebar and cap PLS # 29030; thence N 75°09'11" W along the Southerly line of said Lots 7,8,9,10,1 land 12 a distance of 180.00 feet to the point of beginning. AND The vacated alley situated in Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN. Exhibit A EXTENSION OR REINSTATEMENT OF VESTED RIGHTS REVIEW CRITERIA & STAFF FINDINGS Section 26.308.010.C., Extension or Reinstatement of Vested Rights, of the City Land Use Code provides that development applications for an extension of vested rights may be approved in accordance with the following standards and requirements. 1. In reviewing a request for the extension or reinstatement of vested rights the City Council shall consider, but not limited to, the following criteria: a. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement; Staff Finding The Applicant was required to record the final plat, final PUD plan, and .S'ubdivision✓PUD agreement which is required as part of Ordinance No. 32, Series 2003. Those documents were recorded on April 25, 2007. Stafffinds this criterion to be met. b. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursuing the project; Staff Finding: The Applicant has pursued obtaining permits for the approved residential development. In addition to recording the necessary plat and associated documents, the Applicant has submitted necessary documents to the Community Development Department to obtain a building permit. Stafff:nds this criterion to be met. c. The nature and extent of any benefits already received by the city as a result of the project approval such as impact fees or land dedications; Staff Finding: The Applicant, thus far, has paid the city approximately S270, 000.00 in fees. Staff finds this criterion to be met. d. The needs of the city and the applicant that would be served by the approval of the extension or reinstatement request. Staff Finding: Staff believes that the City would be better served with a hotel at this location rather than a purely residential development. It is in the City's best interest to add to its lodging bedroom base. Therefore, Staff believes that the proposed extension of vested rights would benefit the City by encouraging the applicant to pursue a master planning process with other neighbors in the Lift JAI S. Aspen Street area. Staff finds this criterion to be met. N. VANN ASSOCIATES, LLC Planning Consultants December 17, 2007 HAND DELIVERED Mr. Chris Bendon, Director Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: South Aspen Street Subdivision/PUD Vested Rights Extension Dear Chris: Please consider this letter an application to extend the vested rights for the South. Aspen Street Subdivision/PUD, a free market residential/affordable housing project (the "townhome project") which has been approved for development on three parcels of land located on the west side of South Aspen Street near the base of Aspen Mountain (see Exhibit 1, Pre -Application Conference Summary, attached hereto). The application is submitted pursuant to Section 26.308.010.C. of the Aspen Land Use Regulations by the owner of the property, Aspen Land Fund II, LLC (hereinafter "Applicant"), a Colorado limited liability company (see Exhibit 2, Title Commitment). Permission for Vann Associates, LLC to represent the Applicant is attached as Exhibit 3. A land use application form, application fee agreement, and a list of property owners located within three hundred feet of the property site are attached as Exhibits 4, 5 and 6, respectively. Final PUD approval for the townhome project was granted by the City Council on July 28, 2003 pursuant to Ordinance No. 32, Series of 2003 (see Exhibit 7). As a consequence of several extensions granted by City Council, the approval is currently vested until July 28, 2008. The project's final plat, PUD development plan, and subdivision/PUD agreement were recorded on April 25, 3007. The Applicant is giving consideration to an alternative project for the property, including hotel rooms, affordable housing units, and fractional ownership lodge units. The City, the Applicant, and several neighboring landowners are in discussions regarding the feasibility of collaborating on a master planning process for the lands at the base of Lift IA, pursuant to Chapter 26.500 of the Aspen Land Use Code (the "COWOP" process). If a final approval for an alternative project for the Applicant's 230 East Hopkins Ave. • Aspen, Colorado 81611 • 970/925-6958 • Fax 970/920-9310 r�^ 11' Mr. Chris Bendon `W, J December 17, 2007 Page 2 property is eventually granted by the City Council, the townhome approval represented by Ordinance No. 32, Series of 2003 will be terminated. At the present time, however, it is unclear whether the COWOP process will actually be undertaken by the parties, and if it is, how long the COWOP review and approval process will take. In the event the COWOP process is not undertaken by the parties, or if an acceptable final approval for an alternative hotel project for the Applicant's property does not result from the COWOP process, the Applicant will have no choice but to continue with the development of the previously approved townhome project. The Applicant cannot allow the townhome project's vested rights to expire as the property's financing was made in reliance on the existing approvals. Absent approval of the requested extension, the Applicant will have no choice but to proceed with construction of the townhome project in order to maintain the prior approval's vested rights status. Pursuant to Section 26.308.010.C. of the Regulations, the City Council may by resolution at a public hearing approve an extension of vested rights. The specific review criteria which the Council shall consider, and the Applicant's response thereto, are summarized below. 1. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement. Section 2 of Ordinance No. 32, Series of 2003, requires the Applicant to record a final PUD development plan, a PUD agreement, and a subdivision plat memorializing the South Aspen Street Subdivision/PUD's development approval. All of those instruments were in fact recorded on April 25, 2007. 2. The progress made in pursing the project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursing the project. The Applicant has been making diligent efforts to obtain the requisite building permits for the townhome project since April of 2007. These efforts have included, inter alia, the preparation and recording of all necessary PUD documentation, the development of final architectural and engineering plans and specifications, additional environmental testing and monitoring, the demolition of the Mine Dump Apartments, site preparation work, and the submittal of various building permit applications and related materials to the City Building Department. Aggregate expenditures made by the Applicant to date in pursuing the townhome project are in the range of $3,000,000. 3. The nature and extent of any benefits already received by the City as a result of the project approval such as impact fees or land dedications. Mr. Chris Bendon .. �.,. December 17, 2007 Page 3 Permit and impact fees paid to date by Applicant to the City in connection with the townhome project amount to approximately $270,000. 4. The needs of the city and the applicant that would be served by the approval of the extension or reinstatement request. No community benefit would result by requiring the Applicant to continue with the development of the townhome project when the preferred alternative is a new mutually acceptable hotel/affordable housing/fractional ownership project and the inclusion of Applicant's property in a COWOP process for the base area at Lift IA. Both the City and the Applicant would best be served by the granting of an appropriate extension to allow adequate consideration of the feasibility of entering into the COWOP process, and if the decision is made to pursue the same, to allow the review and approval process to run its course. Applicant, in its discretion, may continue with the townhome building permitting process during the COWOP review and approval process. A one year extension is requested. If approved, the new deadline for the expiration of the townhome project's vested rights would be July 28, 2009. In the event the COWOP process is undertaken by the necessary parties but final City Council approval of an acceptable hotel/affordable housing/fractional ownership project for Applicant's property, coupled with the preparation and recording of the various documents required to memorialize the approval, cannot be achieved by July 28, 2009, a further extension will be needed to complete the process. Please note that the PUD agreement for a COWOP-approved project on Applicant's property, if such approval can be accomplished, will specifically vacate and abandon all prior approvals associated with the townhome project. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Your timely scheduling of this application for consideration by the City Council would be sincerely appreciated. Yours truly, VANN SOCIATES, LLC unn, AICP SV/cwv Attachments cc: John Sarpa Arthur C. Daily, Esq. 3804039_I.DOC er CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Joyce Allgaier, 429-2754 PROJECT: South Aspen Street PUD Vested Rights Extension REPRESENTATIVE: Sunny Vann TYPE OF APPLICATION: Vested Rights Extension DESCRIPTION: The Applicant would like to extend the vested rights Aspen Street PUD in Ordinance No. 32, Series of 2003 EXHIBIT V / D 9 DATE: 3/5/07 that were granted to the South The Applicant has indicated a desire to extend the vested rights by one year to provide additional time for application preparation and City review of the Lodge at Aspen Final PLID that is proposed on the same site as the approved South Aspen Street PUD. Land Use Code Section(s) Section 26.304 Common Development Review Procedures Section 26.308.010(C) Extension or Reinstatement of Vested Rights Review by: Staff for complete application. Community Development Director for recommendation to City Council. City Council for final decision on the vested rights extension. Public Hearing: Yes. Referral Agencies: None. Planning Fees: Deposit of $1,410 for 6 hours of staff time. Referral Agency Fees: None. Total Deposit: $1,410 (Additional hours are billed at a rate of $235.00 per hour). To apply, submit the following information: I. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Completed Land Use Application. 4. Signed fee agreement. 5. Pre -application Conference Summary. 6. An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. 7. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. 8. Approved Development Plans on which vested rights are to be extended. 9. Copies of prior approvals. - 10. 10 Copies of Application (Items 2-10). Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. EXHIBIT a 2 s JLfs,u3Ae�sTifle nsumnce o pgmtion a.,�.munxzs�anu� ALTA Commitment For Title Insurance American Land Title Association (1966) AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3"'FLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: Vince Higens-vine@sopris.net TJ Davis-t d@sopris.net Priscilla Prohl-priscilla@sopris.net Joy Higens-joy@sopris.net Brandi Jepson-brandi@sopris.net (Closing & Title Assistance) Issued By j wyersjfdelnsHlanceCrpgMgt n Home Office: 101 Gateway Centre Parkway, Gateway One Richmond, Virginia 23235-5153 1-900446-7086 B 1004-268 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: March 6, 2006 at 8:00 AM Case No. PCT15438PR2 2. Policy or Policies to be issued: (a) ALTA Owner's Policy -Form 1992 Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: (b) ALTA Loan Policy -Form 1992 Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: (c) ALTA Loan Policy -Form 1992 Amount$ Premium$ Proposed Insured: Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: ASPEN LAND FUND II LLC, A COLORADO LIMITED LIABILITY COMPANY 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: See Attached Exhibit "A" PITKIN COUNTY T=, INC. 601 E. HOPKINS, ASPEN, CO. 81611 970-925-1766 Phone/ 970-925-6527 Fax 877-217-3158 Toll Free AUTHORIZED AGENT Countersigned: "t Schedule A -PGA This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1: Block 6, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more particularly described as follows: Beginning at a point which is the intersection of the Easterly right of way line of Garmisch Street and the Southerly right of way line of Dean Avenue, from whence the Northeast Comer of Section 13, Township 10 South, Range 85 West of the 6th P.M., bears N 53°20'28" East 814.56 feet; thence along the Southerly right of way line of Dean Avenue S 75*09'11" E 330 feet to the Westerly right of way line of Aspen Street; thence along said right of way line of Aspen Street S 14"50'49" W 130 feet to the Northerly right of way line of Juan Street; thence along said right of way line of Juan Street N 75°09'1 V W 330 feet to the Easterly right of way line of Garmisch Street; thence along said right of way line of Garmisch Street N 14"50'49" E 130 feet to the point of beginning. EXCEPTING therefrom: The portion described in Book 232 at Page 362. The above parcel is also described as follows: Beginning at a point which is the intersection of the Easterly right-of-way line of Garmisch Street and the Southerly right-of-way line of Dean Avenue, from whence the Northeast corner of Section 13, Township 10 South, Range 85 West of the Sixth Principal Meridian bears N 53'20'28" E 814.56 feet, more or less; thence along the Southerly right-of-way line of Dean Avenue S 75*09'11" E 330 fee, more or less, to the Westerly right-of-way line of Aspen Street; thence along said right-of-way line of Aspen Street S 14°50'49" W 130 feet, more or less to the Northerly right-of-way line of Juan Street; thence along said right-of-way line of Juan Street N 75°09'1 V W 298.20 feet, to the Southeastedy corner of that parcel of land described in Book 232 at Page 362; thence N 40'21'11" W along the Northeasterly line of said parcel, a distance of 38.73 feet to the Northeasterly right-of-way line of Garmisch Street; thence along said right-of-way line of Garmisch Street N 14°50'49" E 107.90 feet, more or less, to the point of beginning. SAID PARCEL OF LAND ALSO BEING DESCRIBED AS FOLLOWS: Block 6, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more particularly described as follows: Beginning at a point which is the intersection of the Easterly right of way line of Garmisch Street and the Southerly right of way line of Dean Avenue, from whence the Northeast Comer of Section 13, Township 10 South, Range 85 West of the 6th Principal Meridian., bears N 53°20'28" East 814.56 feet more or less; thence along the Southerly right of way line of Dean Avenue S 75'09'11" E 330 feet, more or less to the Westerly right of way line of Aspen Street; thence along said right of way line of Aspen Street S 14°50'49" W 130 feet, more or less to the Northedy right of way line of Juan Street; thence along said right of way line of Juan Street N 75*09'11" W 330 feet, more or less to the Easterly right of way line of Garmisch Street; thence along said right of way line of Garmisch Street N 14°50'49" E 130 feet, more or less to the point of beginning. EXCEPTING therefrom: That parcel of land described in Book 232 at Page 362 in the records of the Clerk and Recorder of Pitkin County, Colorado. Said Parcel 1 is also described as follows: Beginning at a point which is the intersection of the Easterly right-of-way line of Garmisch Street and the Southedy elw. v�,v1 right-of-way line of Dean Avenue, from whence the Northeast comer of Section 13, Township 10 South, Range 85 West of the Sixth Principal Meridian bears N 53°20'28" E 814.56 feet, more or less; thence along the Southerly right-of-way line of Dean Avenue S 75'09'11" E 330 fee, more or less, to the Westerly right-of-way line of Aspen Street; thence along said right-of-way line of Aspen Street S 14°50'49" W 130 feet, more or less to the Northedy right-of-way line of Juan Street; thence along said right-of-way line of Juan Street N 75'09'11" W 298.20 feet, to the Southeasterly corner of that parcel of land described in Book 232 at Page 362; thence N 40'21'11" W along the Northeasterly line of said parcel, a distance of 38.73 feet to the Northeasterly right-of-way line of Garmisch Street; thence along said right-of-way line of Garmisch Street N 14°50'49" E 107.90 feet, more or less, to the point of beginning. ILT_1:107:011 That portion of the Northeast one -quarter of the Northeast one -quarter (Lot 1) of Section 13, Township 10 South, Range 85 West of the 6th P.M., described as follows: Beginning at the Northeast Comer of Lot 13, Block 11, Eames Addition; thence N 75'09'11" W 181.25 feet; thence S 14°50'49" W 78.00 feet; thence S 03°55'43" W 164.99 feet; thence S 75'09'11" E 150.00 feet; thence N 14°50'49" E 240.00 feet to the point of beginning. ALSO KNOWN AS Lots 13, 14, 15, 16, 17, 18, 19 and 20, Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, and a tract of land being part of Lot 1 of Section 13, Township 10 South, Range 85 West of the 6th P.M., described as follows: Beginning at the Northwesterly comer of Lot 13, Block 11, Eames Addition; thence S 14°50'49" W 240.00 feet along the Westerly line of said Block 11 to the Southwesterly corner of Lot 20, Block 11, Eames Addition; thence N 03°55'43" E 164.99 feet; thence N 14°50'49" E 78.00 feet; thence S 75'09'11" E 31.25 feet to the point of beginning. DL1I�' Lots 7, 8, 9, 10, 11 and 12, Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more fully described as follows: Beginning at the Northwesterly corner of said Lot 7; thence S 75'09'11" E 180.00 feet along the Northerly boundary line of said Block 11; thence S 14"50'49" W 100.00 feet along the Easterly boundary line of said Block 11; thence N 75'09'11" W 180.00 feet along the Southerly boundary line of said Lots 7-12 to the Southwesterly comer of said Lot 7; thence N 14°50'49" E 100.00 feet along the Westerly boundary line of said Lot 7 to the point of beginning. SAID PARCEL OF LAND ALSO BEING DESCRIBED AS FOLLOWS: Beginning at the Southwest comer of said Lot 7, a rebar and cap PLS # 29030, from which a rebar and cap PLS # 2547 bears N 55° E a distance of 0.7 feet; thence N 14°50'49" E along the westerly line of said Lot 7, a distance of 100.00 feet to the Northwest corner of said Lot 7, also being at the Southerly right-of-way of Juan Street in the City of Aspen, a rebar and cap PLS # 2547; thence S 75*09'11" E along the Northerly line of said Block 11, also being the Southerly right-of-way line of said Juan Street a distance of 180.00 feet to the Northeast corner of said Block 11, a rebar and cap PLS # 29030; thence S 14°50'49" W along the Easterly line of said Block 11, also being the Westerly right-of-way of Aspen Street in the City of Aspen a distance of 100.00 feet to the Southeast corner of said Lot 12, a rebar and cap PLS # 29030; thence N 75'09'11" W along the Southerly line of said Lots 7,8,9,10,11 and 12 a distance of 180.00 feet to the point of beginning. AND The vacated alley situated in Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN. EXHIBIT s March 5, 2007 Ms. Joyce Allgaier Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Allgaier: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our application to extend the vested rights period for the South Aspen Street Subdivision/PUD. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Yours truly, ASPEN LAND FUND, LLC a Colorado limited liability company c:\oldc\bus\city.Itr\ltr45303.jaI EXHIBIT 9 LAND USE APPLICATION APPLICANT: Name: Location:'` -777Z:C- (Indicate street address, lot & block number, legal description V&re appropriate) Parcel ID # (REQUIRED) REPRESENTATIVE: Name: Address: Phone #: 4zs `G�S�i PROJECT: Name: ' J%i/ / S/ / S%NE�7 �aC Yy`�l�/�h��11"� Address: 0 Phone #: TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA - 8040 Green]ine, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use ©Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment /71':*An EXISTING ��CJ/ONDITIONS: (description of existingbuildings, uses, previous approvals, etc.) !Y4 PROPOSAL: (description of proposed buildings, uses, modifications, etc.) N4 Have you attached the following? FEES DUE: $ ['Pre -Application Conference Summary Attachment 41, Signed Fee Agreement y"f ❑ Response to Attachment 93, Dimensional Requirements Form VIlResponse to Attachment 94, Submittal Requirements- Including Written Responses to Review Standards EXHIBIT CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees / CITY OF ASPEN (hereinafter CITY) and i (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. v-APPLICANT has submitted t CLT,Y an a plicatio for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a iletermination of applicat>n completeness, APPLICANT shall pay an initial deposit in the amount of S/f which is for hours of Community Development staff time, and if actual recor edd costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN Chris Bendon Community Development Director APPLICAN By: 22 Dat J Billing Address and Telephone Number: Required ?8!04. S1k7r/111/-7 Se-Y7 5 -:W g:\support\forms\agrpayas.doc5� 11/30/04 _A83A1Y09-008-L uolpnMul,p wm/Uane•AUAM aptna; el za;lnsuo -*, 124 E DURANT AVENUE LLC C/O WOGAN WENDY 533 W FRANCIS ASPEN, CO 81611 APRIL FAMILY TRUST 114 INT 3501 S 154TH ST WICHITA,KS 67232-9426 BARBEE MARY K LIV TRUST 625 SKYLINE DR CODY, WY 82414 BIEL ALEXANDER L & LEE M 381 LOVELL AVE MILL VALLEY, CA 94941 BLUE LLOYD JR 279 GRAYTON TRAIL GRAYTON BEACH, FL 32459 BRIGHT GALEN 407 S HUNTER ST #3 ASPEN, CO 81611 BUSH STEVEN S 0046 HEATHER LN ASPEN, CO 81611 CALKINS GEORGE W 105 S CHEROKEE DENVER, CO 80223-1834 CHAPLIN ARLENE & WAYNE 54 LAGORCE CIR MIAMI BEACH, FL 33141 CHU FAMILY TRUST 2/3 INT LU NANCY CHAO TRUST 1/3 INT 38 CORMORANT CIR NEWPORT BEACH, CA 92660 juawaBjey:)apsues ®09LS 7 710 SOUTH ASPEN LLC ALYEMENI MOHPI 314 S GALENA ST STE 200 3109 OAKMONT 13 ASPEN, CO 81611 STATESVILLE, NC O ASPEN KABINN LLC ASPEN SKIING COMPANY LLC C/O NIKE COMM/NINA KAMINER PO BOX 1248 NEWYORK, NY 10010 35 E ASPEN, CO 81612 OR BENT FORK LLC BERHORSTJERRY C/O FESUS GEORGE BERHORST CAROLE PO BOX 9197 7161 LINDENMERE DR ASPEN, CO 81612 BLOOMFIELD HILLS, MI 48301 BILLINGSLEY FAMILY LP BLACKWELL CLARENCE A & ANNE H 1206 N WALTON BLVD PO BOX 3180 BENTONVILLE, AR 72712 ANNAPOLIS, MD 21403 BOURGAULT MARY JANE BRENNAN JACQUELINE NANCY 555 E DURANT AVE #4J 31 TRAINORS LANDING ASPEN, CO 81611 ASPEN, CO 81611 BRITTON CARI BRUMDER PHILIP G & ASMUTH PO BOX 12131 ANTHONY ASPEN, CO 81612 QUARLES & BRADY C/O 411 E WISCONSIN AVE STE 2500 MILWAUKEE, WI 53202 CABELL JOE CAIN DOUGLAS M C/O CHARTHOUSE CAIN CONSTANCE MOFFIT TRUSTEES 1765 ALA MOANA BLVD 1960 HUDSON ST HONOLULU, HI 96815 DENVER, CO 80220 CASPER MARY LYNN CHAPIN ANZLE TRUST 124 E DURANT #4 1887 STILLWATER ST ASPEN, CO 81611 ST PAUL, MN 55110-8507 r CHIATE PROPERTIES LLC CHRISTENSEN CINDY 20628 ROCKCROFT DR 909 JUAN ST MALIBU, CA 90265-5342 ASPEN, CO 81611 CITY OF ASPEN CROW MARGERY K & PETER D 130 S GALENA ST 46103 HIGHWAY 6 & 24 ASPEN, CO 81611 GLENWOOD SPRINGS, CO 81601 T 7T ainlead laad 6se3 Jo; waded paadT A®09LS 31V1dIN31®tiaAv asp ®09LS®AU3AFffi se aa5sp sla9el laad Ase3 Ab3AV-09.008-L uo!yinusu!,p wOYfUGA AUM apmal e! za4!nsuor"- luawa6jeq:) ap SOBS 0091s ®A83AV 3!jege6 al zoslim ja!ad a sane; sa;lanb43 CYS RICHARD L AND KAREN L 5301 CHAMBERLIN AVE CHEW CHASE, MD 20815 DOLINSEK JOHN 619 S MONARCH ST ASPEN, CO 81611 EAST JAMES COLLIER TRUSTEE 5800 R ST LITTLE ROCK, AR 72207 ELLIS PAUL DAVID 100 E DEAN ST #2F ASPEN, CO 81611 FALL CREEK CONSTRUCTION LLC 809 S ASPEN ST ASPEN, CO 81611 FAULKNER JOHN L 2433 ROCKINGHAM ST ARLINGTON, VA 22207 FREIRICH MARK A PO BOX 774056 STEAMBOAT SPRINGS, CO 80477 GILBERT DONALD C 2004 TRUST 67 TURTLE BACK RD S NEW CANAAN, CT 06840 GLICKMAN EDWIN C 2322 LAZY 0 RD SNOWMASS, CO 81654 GREINER JERRY M GREINER TERESA U 330 BICKLEY RD GLENSIDE, PA 19038 CZAJKOWSKI MICHAEL DAVIS CAROL L CZAJKOWSKI SANDRA J 7838 HILLMONT ST 90 LA SALLE ST APT 16G HOUSTON, TX 77040-6108 NEW YORK, NY 10027 DONCER JOYCE TRUST DUNN STEVEN G 7641 W 123RD PL 107 JUAN ST PALOS HEIGHTS, IL 60463 ASPEN, CO 81611 ELDER TRUST ELLIS JAMES BYRON ELDER JERRY TRUSTEE 171/2 FLEET ST PO BOX 308 MARINA DEL REY, CA 90292 LA JOLLA, CA 92038-0308 ETKIN DOUGLAS M & JUDITH G EVANS DAVID COURTNEY 29100 NORTHWESTERN HWY STE 200 PO BOX 952 SOUTHFIELD, MI 48034 ASPEN, CO 81612 FARING CAROL FARR BRUCE K & GAIL H PO BOX 10421 PO BOX 5142 ASPEN, CO 81612 ASPEN, CO 81612 FELDMAN SELMA FLETCHER KAREN K & JAY R 300 S POINTE DR APT 2403 PO BOX 3476 MIAMI BEACH, FL 33139-7329 ASPEN, CO 81612 RIEDKIN THOMAS H GARMISCH LLC FBOX 47 H C/O MIE PROPERTIES PO HOUSTON, TX 77210 4718 2560 LORD BALTIMORE OR WINDSOR MILL, MD 21244 GILLESPIE JOHN E REVOCABLE TRUST GINSBURG-ANNE C & ROBERT B 775 GULFSHORE DR #4219 7933 YORKSHIRE CT DESTIN, FL 32541 ,--BOCA RATON, FL 33496-1323 GOLDSMITH ADAM D PO BOX 9069 ASPEN, CO 81612 GROOS NICHOLAS D 210 N INDUSTRIAL PARK RD HASTINGS, MI 49058 GRANT BROTHERS LLP 436 COFFMAN STE 200 PO BOX 908 LONGMONT, CO 80502-0908 HANG TEN ADVENTURE 809 S ASPEN ST #2 ASPEN, CO 81611 T Nq Tajnleaj laad Rse3 jot jaded PaajT @09LS 31V1dW31®Fja^V asn 009LS®AHAAVn i laauc uoinnnsw ear I t{J s!agel !aad Ase3 -A83AV-09.008-1, W0XAJane-MMAFk uolzmazsul,p spina; el za;tnsua^ zuawa6jegp ap sua5 v 009LS ®Au3Av z!zege6 ai zosimn aatad a solpP4 sanonbg3 HARVEY JEFFREY & NANCY 711 S DEARBORN ST - #507 CHICAGO, IL 60605 HEIMANN GEORGE R 100 E DEAN ST #2E ASPEN. CO 81611-1967 HILL EUGENE D III & JOAN L TRUST 3 AVALON AVE P 0 BOX 129 PRIDES CROSSING, MA 01965 HOTEL DURANT 122 E DURANT ASPEN, CO 81611 IMHOF FAMILY TRUST 2409 GREEN ST SAN FRANCISCO, CA 94123 JAMES FAMILY TRUST 1/4 INT 1 CASTLEWOOD CT NASHVILLE,TN 372154617 JUAN STREET HOA 119 JUAN ST ASPEN, CO 81611 KAUFMAN STEVEN 0554 ESCALANTE CARBONDALE, CO 81623 KULLGREN NANCY A 205 E DURANT AVE UNIT 2-C ASPEN, CO 81611 LCH LLC C/O TOM DIVENERE 124 ANNAPOLIS LN PONTE VEDRA, FL 32082 HATCHER HUGH S 205 E DURANT AVE APT 2E ASPEN, CO 81611 HENDERSON BROTHERS LLC PO BOX 407 TROY, AL 36081 HINES TOM & CAROLYN 21 TRAINORS LNDG ASPEN, CO 81611-1652 IAVARONE GIANFRANCO & RITA 341 ORIENTA AVE MAMORONECK, NY 10543 IMREM SUE GORDON TRUSTEE 219 E LAKE SHORE DR #51) CHICAGO, IL 60611 JOHNSON KERRI & DEREK 117 JUAN ST #1 ASPEN, CO 81611 KABERT INDUSTRIES INC PO BOX 6270 VILLA PARK, IL 60181 HEIM WILLIAM D 124 E DURANT AVE APT 1 ASPEN, CO 81611-1769 HENRY WAYNE SCOTT PO BOX 2383 GRAPEVINE, TX 76099 HORTON KAREN JANE TRUST 588 S PONTIAC WAY DENVER, CO 80224 ICAHN LIBA PO BOX 11137 ASPEN, CO 81612-9627 J&E HANSEN LLC C/O EDWARD HANSEN 204 E DURANT AVE ASPEN, CO 81611 JOHNSTON MARGARET S 9.87% 30 DEXTER ST DENVER, CO 80220 KAPLAN BARBARA 3076 EDGEWOOD RD PEPPER PIKE, OH 44124 KINGSBURY FAMILY TRUST KLINDWORTH J TODD & HEATHER PO BOX 198 (�PO BOX 25318 HOLDERNESS, NH 03245 ST CROIX, VI 00824 LACY ROANE M JR PO BOX 367 WACO, TX 76703-0367 LEONARD-PECK SHEILA KATHRYN RR 1 PO BOX 375-P VINEYARD HAVEN, MA 02568 LARKIN THOMAS J & MARYANN K 1 SHELDRAKE LN PALM BEACH GARDENS, FL 33418-6820 LEVY HELEN JOAN TRUST 421 WARWICKRD KENILWORTH.IL 60043-1145 T Taantead !sad Ase3 �o; a waded paadT ®09LS 31V1dLN31®AjanV as0 ®09L5®A2J tf� j.�y i nauc uommisui aac �o ! v7 s!age3 load Ase3 A83AV-09-008-t uolpni;sul,p worfGaneAMM apinal el zallnsw^�, ;uaw86ae4:) ap sua5 009t5 GAH3AV 11jege6 al zesimn salad a same; sausnbg3 LEVY HYMAN & GAIL PO BOX 1365 BOCA RATON, FL 33429-1365 LIFT ONE LLC 72.40% 24 LINDENWOOD LN LITTLETON, CO 80127 MACDONALD KENNETH HUGH REV TRUST 44 W HANNUM SAGINAW. MI 48602 MAGES LAWRENCE M & MARY K 84% 216 LINDEN AVE WILMETTE,IL 60091 MCCONNELL THOMAS W & KAY L 3814 OAKHILLS BLOOMFIELD HILLS, MI 48301 MONIGLE ETHEL M 803 S GARFIELD ST DENVER,CO 80209 MULKEY DAVID A DR TRUSTEE 2860 AUGUSTA DR LAS VEGAS, NV 89109 NOREN LARA L & STEPHEN C 10927 BRIGANTINE DR INDIANAPOLIS, IN 46256-9544 OLSON PAUL S & DIANE C PO BOX 128 BRECKENRIDGE, CO 80424 PASCO PROP LLC SMITH PATRICK A PO BOX 850 ASPEN, CO 81612 LIBMAN KENNETH J 800 S MONARCH ST #4 ASPEN, CO 81611 LOCHHEAD RAYMOND R & EMILIE M 200 SHERWOOD RD PASO ROBLES, CA 93446 MACGREGOR ROBERT DUNCAN 1315 SAGE CT ASPEN. CO 81611 MCCALL CAROLYN E 100 E DEAN ST #1 E ASPEN. CO 81611 MCKENZIE BART B & PAIGE PARAVANO 4840 30TH ST NORTH ARLINGTON, VA 22207-2716 MOORE JOHN W 50% 10426 WHITEBRIDGE LN ST LOUIS, MO 63141 MURRAY DENIS PO BOX 3770 ASPEN, CO 81612 LIFT ONE CONDOMINIUM ASSOC 131 E DURANT AVE ASPEN, CO 81611 LUNDHOLM KERSTIN M 115 JUAN ST ASPEN, CO 81611 MACHUCA YANIRA R FUNES 11 TRAINORS LANDING ASPEN, CO 81611 MCCARTNEY BRENDA DAHL 113 JUAN ST ASPEN, CO 81611 MENDEL M MARK MENDEL GRACE A - JT TENANTS 1620 LOCUST ST PHILADELPHIA, PA 19103 j MORGAN MICHAEL L 115 JUAN ST ASPEN, CO 81611 NORTH LAUDERDALE PETROLEUM LLC 6318 NW 23RD ST BOCA RATON, FL 33434 ONEAL PROPERTIES LLC 8100 E CAMELBACK RD #31 SCOTTSDALE,AZ 85251-2773 PIECE OF THE PIE LLC PO BOX 2492 ASPEN, CO 81611 NOBLE GUY T PO BOX 9344 ASPEN, CO 81612 NORTHCUTT BARRY & JENNIFER 1905 MISSION HILLS CIR EDMOND, OK 73003 ONEILL ROGER PO BOX 711 LAKE GENEVA, WI 53147-3579 PINES LODGE CONDO ASSOC 152 E DURANT AVE ASPEN, CO 81611 T Taanleaj ]Bad Rse3 Jo; waded paajT @09t5 31V1dW31®Na^V asn i ®09tS�J�Zj3/�tJ� IlaaUsuoipni3sWaat ! !D sl0ge'llaadAse3 A113AV-09.008-L u0pwisul,p worNane mmm appal el za;lnsr^', PINES LODGE DEVELOPMENT LLC 2353 IRVINE AVE NEWPORT BEACH, CA 92660 juawa6aey:) ap suaS 009 LS ®AH3AV jIjege6 al zaslll3n v salad a selpe; sananbn3 PLEAS ALEXA RINGSBY GRAY 279 GRAYTON TRAIL PO BOX 1292 GRAYTON BEACH, FL 32459 HAIKU, HI 96708 ROARING FORK MTN LODGE ASPEN LLC ROARING FORK PROPERTIES TWO CREEKS BLDG C/O HOWARD A WILL JR 0021 BURNT MTN CIR 5055 26TH AVE SNOWMASS VILLAGE, CO 81615 ROCKFORD, IL 61109 ROBLES ENRIQUE ALVAREZ ALVAREZ CRISTINA MONTES URALES 350 LOMAS CHAPULTEPEC MEXICO DF MEXICO, 11000 RYAN ELIZABETH H 1/2 INT COPE G RICHARD & NANCY M 1/2 INT 419 W INNEBAGO DR JANESVILLE, WI 53545 SCHAINUCK LEWIS I & MICHELLE T 2900 OCEAN BLVD CORONA DE MAR, CA 92625 SCHERER ROBERT P III 217 GOLDENROD AVE CORONA DEL MAR, CA 92625 SETZLER ALEX 100 E DEAN ST UNIT 2C ASPEN, CO 81611-1957 SHEFFER BARBARA & DOUGLAS PO BOX 250 ASPEN, CO 81612 SILVERMAN MARC A & MARILYN L 937 DALE RD MEADOWBROOK, PA 19046 SLOAN SUSAN MARIE 500 S ORANGE AVE SARASOTA, FL 34236 ROSE JON E ROSE RITA L 303 MAGNOLIA LAKE DR LONGWOOD, FL 32779 S C JOHNSON AND SON INC TAX DEPT 412 1525 HOWE ST RACINE, WI 53403 SCHAPIRO MARC & PATRICIA 1685 TAMARAC DR GOLDEN, CO 80401 SCHROEDER C M JR SCHROEDER BETTY ANN 3629 ROCKBRIDGE RD COLUMBIA, SC 29206 SEVERY REV TRUST 70.39% 30 DEXTER ST DENVER, CO 80220 SHENK ROBERT D 290 HWY 133 CARBONDALE, CO 81623-1530 SIMON HERBERT REV TRUST 8765 PINE RIDGE DR INDIANAPOLIS, IN 46260-1778 SM-15 SEELBACH W ILLIA - C/O 45000 S WOODLAND CHAGRIN FALLS, OH 44022 ROBERT FAMILY TRUST 1/4 INT 771 FERST DR ATLANTA, GA 30332-0245 RUDERMAN ERIC P & MIMI E 1536 OGDEN ST DENVER, CO 80218-1406 SALITERMAN LARRY & NANCY 603 S GRAMISH ASPEN, CO 81611 SCHAYER CHARLES M III 588 S PONTIAC WAY DENVER, CO 80224 SEMRAU TIMOTHY & HEIDI ROBBIN 58 TRAINORS LANDING RD ASPEN, CO 81611 SHADOW MTN AERIE PTNRSHP LLP C/O ARTHUR J & PAMELA T WASHINGTON 21 BRIARCLIFF RD LARCHMONT, NY 10538 SHINE FAMILY LLC 8677 LOGO 7 COURT INDIANAPOLIS, IN 46219-1430 SKY BLUE LLC 27.60% 5743 CORSA AVE # 101 WESTLAKE VILLAGE, CA 91362 SMITH RONA K 1742 HILLSIDE RD STEVENSON, MD 21153 1 @09L5pAU3AV � Tainleaj lead Ase3 jo; jaded PaajT � 009L531V1dW31 ®tianV as0 .n i iaauc uommism eac ® ! .an slagej lead Ase3 ABBAV•09-008-1, uolnusul,p xuawa6aey:) ap suaS 009LS ®AI13AV 11jege6 al zas11an wo:)'IBane'mmm apma; el zognsuo►" 7 xaled a selpe; sananbg3 r , SOLONDZ TAMI S SOUTH POINT CONDO LLC SOUTH POINT CONDOMINIUM PO BOX 2829 150 N MARKET ASSOCIATION ASPEN, CO 81612 WICHITA, KS 67202 205E AVE #2F ASPEN,, COCO 81611 SOUTHPOINT-SUMNER CORP SPAULDING RICHARD W STANTON JAMES 4828 FORT SUMNER DR THOMPSON ELEANOR M C/O WORLD-WIDE HOLDINGS CORP BETHESDA, MD 20816 PO BOX 278 150 E 58TH ST CONCORD, MA 01742-0278 NEW YORK, NY 10155 STARK RENEE A STEINER DONALD R STEWART SCOTT 205 E DURANT AVE APT 1D BUCKHEAD GRAND 4710 PLAINFIELD CT ASPEN, CO 81611-3813 3338 PEACHTREE RD #3307 MIDDLETON, WI 53562 ATLANTA, GA 30326 STRAWBRIDGE GEORGE JR STUART FAMILY TRUST 1/4 INT SZYMANSKI WILLIAM R & LYNNE E 3801 KENNETT PKE BLDG #13-100 1 CASTLEWOOD CT 2220 E SILVER PALM RD WILMINGTON, DE 19807 NASHVILLE, TN 372154617 BOCA RATON, FL 33432 TAROCH HOLDINGS LTD TAYLOR HARVEY C TELEMARK APARTMENT 2 LLC C/O PATRICK D MCALLISTER PC W 301 N 9430 HWY E 2422 UNION ST 315 E HYMAN AVE #305 HARTLAND, WI 53029 SAN FRANCISCO, CA 94123 ASPEN, CO 81611-2909 TELEMARK ASPEN LLC THREE REEDS LLC TOLLEFSON JON S & JOANN M 55 SECOND ST 2224 VIA SEVILLE RD NW 38 TRAINORS LANDING COLORADO SPRINGS, CO 80906 ALBUQUERQUE, NM 87104-3096 ASPEN, CO 81611 TOWNE PLACE OF ASPEN CONDO TUCKER TIMOTHY H & PATRICIA A ASSOC INC TRAINORS LANDING CONDO ASSOC 809 S ASPEN ST C/O ASPEN LODGING COMPANY COMMON AREA EXEMPT ASPEN, CO 81611 747 S GALENA ST ASPEN, CO 81611 TYDEN FAMILY FARMS PTNP UHLFELDER FAMILY INVESTMENTS VANDER WALL DEAN ROBERT & 1730 IROQUOIS TR RLLP BEVERLY J HASTINGS, MI 49058 210 AABC STE AA PO BOX 189 ASPEN, CO 81611 LONE PINE, CA 93545 VANTONGEREN HAROLD V & LID IA M WALDRON GAILYN L TRUSTEE WHITE JALEH THIID 2000 E 12TH AVE BOX 8 PO BOX 7964 152 E D R NT AVEDENVER, CO 80206 ASPEN, CO 81612 152 E DURANT A ASPEN, CO 81611-1737 WOLF FAMILY TRUST 12/2311986 WOODING MERRITT B WOODSON TATJANA D 1221 MYRTLE AVE PO BOX 339 PO BOX 125 SAN DIEGO, CA 92103 HOPE, NJ 07844 TETON VILLAGE, WY 83025 T Taanxead lead 6se3 ao; waded paajT 117 ®09LS 31V1dW31®tiaAV asn i 009LSOAA213AVM � 1 xaayS uoipnAsul aas � � sla9el lead Ase3 A113AV-09-008•L uo!pnAsuw,p wOrNane MMM apma; e! zol!nsuq - luawa6leq'3 ap sues 009LS GA83AV 3!iege6 al zes!!pn aa!ad g sa!pel sallanbg4 WOW LIFT ONE LLC C/O WARSTLER ROBERT T 10 WINDJAMMER LN MTARLINGTON, NJ 07856 WRIGHT LISA PO BOX 3770 ASPEN, CO 81612 W UGALTER JOEL 3200 N OCEAN BLVD #909 FT LAUDERDALE, FL 33308 !7 ainleal !aad Ase3 a0; jaded paWjT @09LS 31V1dIN31 pfIanV asn T ®09Ls@Au3Ad f Tlaauc uon3misul aas s ! s!agel !aad Ase3 EXHIBIT b 7 8 ORDINANCE NO.32 (SERIES OF 2003) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE SOUTH ASPEN STREET SUBDIVISIONIPUD AND FINAL PLANNED UNIT DEVELOPMENT PLAN INCLUDING SUBDIVISION, GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS FOR AFFORDABLE HOUSING AND RECONSTRUCTION OF A DEMOLISIIED MULTI -FAMILY BUILDING, REZONING TO i.rnz WITH A PUD OVERLAY, AND A SPECIAL REVIEW TO ESTABLISH'I'llE AFFORDABLE HOUSING PARKING REQUIREMENT'S FOR -[-HE PROPERTY -1.0 BE DESCRIBED AS PARCELS 1, 2, AND 3, OF,rHE SOUTH ASPEN STREET SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-131-13-001(Parcel 1) Parcel No. 2735-131-14-003 (Parcel 2) Parcel No. 2735-131-23-001(Parcel 3) WHEREAS, the Community Development Department received an application, from Aspen Land Fund 11, LLC, owner, represented by Vann Associates, LLC, requesting approval of a Final Planned Unit Development Plan including requests for Subdivision, Growth Management Quota System (GMQS) Exemptions for Affordable Housing and reconstruction of a demolished multi -family building, Rezoning to LITR and Special Review to establish the off-street parking requirements for the property described as, Parcel 1: Block 6 of the Eames Addition to the City and Townsite of Aspen, Parcel 2: Lots 7-12, Block 11, Eames Addition to the City and Townsite of Aspen, Parcel 3: Lots 13-20, Block 11, Eames Addition to the City and Townsite of Aspen; and, WHEREAS, the development property consists of three (3) parcels zoned IJTR and R-15 with a Lodge and PUD Overlay; and, WHEREAS, pursuant to Land Use Code Section 26.310, Map and Text Amendments; Section 26.445, Planned Unit Development; Section 26.470, Growth Management Quota System; Section 26.480, Subdivision; the City Council may approve, approve with conditions, or deny the land use requests made by the Applicant during a duly_ noticed public hearing after taking and considering comments from the general public, and recommendations from the Planning and Zoning Commission, Community Development Director, and relevant referral agencies; and, WHEREAS, the Community Development Director has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein and recommended approval with conditions; and, ���III �6III �II�II IIIIII III lilli Iill�ll III �IIII IIII II I s44 of 003 6 00' a.49A 0 WHEREAS, during a duly noticed public hearing on June 3, 2003, the Planning and Zoning Commission approved Resolution No. 14, Series of 2003 by a three to zero (3-0) vote, recommending that City Council approve the proposal with conditions; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of die Municipal Code as identified herein, has reviewed and considered the recommendation or the Planning and Zoning Commission, the Community Development Director, the Aspen/Pitkin County Housing Aulhority, the applicable referral agcncien, and has taken and considered public conurtuil ;it a public hearing; and, WIIEREAS, the City Council finds that the development proposal meets or exceeds all appicablc development standards and (flat the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby rezones Parcel 2, and a portion of Parcel 3, of the South Aspen Street Subdivision/PUD, City and Townsite of Aspen, to L/TR (Lodge/Tourist Residential) and rezoned Parcels 1, 2, and 3 of the South Aspen Street Subdivision/PUD with a Planned Unit Development (PUD) overlay. Section 2 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves the South Aspen Street Final PUD Plan, which includes application for Final PUD, Subdivision, Growth Management Quota System Exemptions (GMQS) for Affordable Housing and for the reconstruction of the multi -family building to be demolished (Mine Dump Apartments), and for Special Review to establish the off- street parking requirements for the development of fourteen (14) free market town homes and seventeen (17) affordable housing units subject to the following conditions: A Subdivision/PUD Agreement shall be recorded at the Pitkin County Clerk and Recorder's Office within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Land Use Code Section 26.445.070(C). I I 4116407 1, I ���Ill��lll iIIIIIIIIII� IIIIIIII��IIII III�IIIIIIRII5II 00 61040 0.; i aea SILVIF DRVIS PIiKIN IOUNTI CO 2. A Final PUD Plan and Subdivision Plat shall be recorded at the Pitkin County Clerk and Recorder's Office within 180 days of the final approval granted by City Council and shall include: a. A final plat meeting the requirements of the Community Development Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvcnwnis, and the location of ulility pedestals. b. An illustrative situ plan ol'thc project showing the proposed improvumcnts, landscaping (including all plantings, species, numbers, and locations), parking, and the dimensional requirements as approved. C. A drawin re resenting the project's architectural character. d. p revised drainage plan and r rt, including an erosion control tan, shall be r a Colorado licensed Civil Engineer, in w c wells will only be allowed to handle runoff from foundation drains, parking garage ramps, and roof drains. All other runoff shall be directed towards the City's storm water system. e. revised infrastructure planindicating that all road mprovements shall b ned. he plan shall also indicate that there s e no super -elevated curves permitted. Juan Street and South Garmisch Street (to the extent of Parcel 1's street frontage) shall be widened to 27 feet as measured from the outer edges of the curbs. The minimum slope of Juan Street shall be .75%. 3. The following dimensional requirements of the PUD are approved and shall be printed on the Final Illustrative Plan: Dimensional Requirement Proposed Development Minimum Lot Size 6,000 sf. Lot Area Per Dwelling Unit 1,100 sf. per bedroom (81 bedrooms on 89,127 sf. of lot area that applies to density calculations) Minimum Lot Width 60 feet Front Yard Setback 10 ft. per parcel Side Yard Setback 5 ft. per parcel Rear Yard Setback 10 ft, per parcel Maximum Height 28 feet except where deed restricted Percent of Open Space 27% (cumulative over all 3 parcels) 1111114111lNIIIIIIiNl6lllllfll -"°: 1.0 . Allowable External FAR .83:1 (73,381 sf. cumulative over all three parcels) AH Off -Street Parking 30 Parking Spaces (2 spaces for each dwelling unit of 2 or more bedrooms, and 1 space for each one bedroom and studio unit)(cumulative over all threeparcels) Free Market Off -Street 28 parking Spaces (2 spaces for each dwelling Parking unit. of 2 or more hedroorns, and I space li>r each one bedroom and slu(lio unit)(cnnndalivc Over all threetarcels) 4. The building permit application shall include the following: a. A copy of the final recorded Ordinance. b. The conditions of approval printed on the cover page of the building permit set. C. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off - site replacement or mitigation of any removed trees. e. A detailed ventilation plan of the parking garage ventilation system prepared by an engineer that specializes in the design of ventilation and heating systems. f. A fugitive dust control plan which includes proposed construction fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads, construction speed limits, and other measures necessary to prevent windblown dust from crossing the property line. 2. A letter from the primary contractor to the Community Development Director stating that the conditions of approval have been read and are understood. h. All tap fees, impacts fees, and building permit fees shall be paid prior to building permit issuance. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. i. A State of Colorado Storm Water Management (Erosion Control) Permit because the land area of the development is over an acre. j. A PM-10 mitigation plan for review and approval by the Environmental Health Department or a cash -in -lieu payment in the amount to be calculated by the City Environmental Health 111111!1DAVIS PITK714 'OJNTI CG ii 1111111111111111Ill 111111111111Ill 1111111111111 1164©310 �ILVI}q R 51.00. u 0.00 Director that is to be used entirely to implement PM-10 reduction methods. 5. The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. on Monday thru Saturday. The Applicant shall agree that there will be no construction material or dumpstcrs slored on Ilrc public rights -of -way airless a temporary encroachment liccnsc is granted by the City finginecr. In addition, the Applicant shall submit a lull set of construction management plans as part of the building permit application, and the management plans shall Include a noise, dust control, and construction traffic and construction parking management plan which addresses, at a minimum, the following issues: a. Defining the construction debris hauling routes and associated impacts on local streets; and, b. Construction parking mitigation, except for essential trade trucks, no other personal trucks are to be parked in the area around the site. The city encourages that site workers be shuttled in from the airport parking area. The Applicant shall complete (prior to any of the remodel work, including removal of drywall, carpet, tile, etc.,) the Building Department's asbestos checklist, and if necessary, a person licensed by the State to do asbestos inspections must conduct an inspection. The Building Department cannot sign any building permits until they get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it in accordance with the applicable regulations. 8. The Applicant shall not track mud onto City streets during construction. A wasbed rock or other style mud rack must be installed during construction. 9. The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. The Applicant shall enter into a Water Service agreement. 10. The Applicants shall at their sole expense install a new eight (8) inch water line within South Gamtisch Street and Juan Street. In addition, the Applicant shall abandon the existing six (6) inch water line that exists in South Garmisch and Juan Street. The point of beginning for the main replacement on South Garmisch Street shall be the existing valve complex (serving the Barbee PUD) north of the intersection of Dean and Garmisch. �:I���IIII��III��I�I�II�II�I����III�III�IIIII�Ii�I�I�I�:�II � 486407 03 This is approximately 80 feet further north of the point of beginning shown on the schematic utility plan dated June 21, 2002. it, The Applicant shall also schedule the abandonment of the existing water taps prior to applying for new water taps. 12. The Applicant shall comply with the Aspen Consolidated Sanitation District's rules ;nid regulations. If new sewer lines are required, then the existing serviec must he excavated and disconnected at the main sewer line. No clear water connections (root', foundation, perimeter drains) shall be allowed to drain to ACSD lines. All improvements below grade shall require the use ol'a pumping station. The Applicant shall install an oil and sand separator in the parking garage that meets the Aspen Sanitation District's standards. In addition, the Applicant shall enter into a shared service agreement if more than one unit is served by a single service line. 13. Elevator shaft drains shall flow thru an oil and sand interceptor. 14. The Applicant shall fund proportionate costs associated with the development for the replacement. of the main sanitary sewer lines located in S. Aspen Street, Dean Street, and near the Post Office. 15. The Applicant shall enter into a main line extension and collection system agreement with the Aspen Consolidated Sanitation District prior to applying for building permits for the development. 16. In the event that snowmelt is installed, the Glycol containment areas must be approved by the Aspen Consolidated Sanitation District prior to issuance of a Certificate of Occupancy on any of the units within the development 17. The Applicant shall at their sole expense replace the existing substandard sewer line located in the alley of Block 61 between S. Garmisch and First Street in First Street. 18. The Applicant shall extend the existing storm water sewers south on both S. Aspen Street and S. Garnusch Street as far as Dean Avenue. Additionally, the Applicant shall extend the existing storm sewers to the Dean Avenue/ S. Aspen Street intersection and to the Dean Avenue; S. Garmisch Street intersection. As required by the City Engineering Department, catch basins shall be installed at these intersections. 19. All landscaping in the public :fight -of -way shall meet the requirements as set forth in Municipal Code Chapter 21.20, Trees and Landscaping on Public Right -of -Way. Any landscaping in the public right-of-way shall be approved by the City Parks Department prior to installation. The III' ��I �I�I II�II III ��lil ��III�I III 1III� III IjjI r ge: 6 of 50 .-. Applicant shall also obtain a revocable encroachment license from the City Engineering Department prior to installation of any landscaping or improvements in the public right-of-way. All plantings along the edge of the subject properties or within the public right-of-way shall be of a size and a species that will not require major maintenance (pruning, trimming due to over growth) by the City or the developer. 20. All exterior lighting shall meet the City of Aspen Lighting Code requirements set lbrlh in Land lJsc Code Section 26.575.150, as may he amended from lime to time. 21. The Applicant shall pay a proportional amount of the applicable school land dedication fees as determined by the City of Aspen Zoning Officer prior to building permit issuance on each of the units. 22. All affordable housing units to be constructed on Parcel 3 of the PUD shall obtain certificate of occupancies prior to the issuance of a certificate of occupancy on any of the free market units within the development. In addition, the free market units on Parcel 2 shall not be issued Certificates of Occupancy until all of the affordable housing units on Parcel 2 have received Certificates of Occupancy. The free market units on Parcel 1 shall also not be issued Certificates of Occupancy until the affordable housing units on Parcel 1 have received Certificates of Occupancy. 23. The Applicant shall convey an undivided fractional interest (one -tenth of one percent) in the ownership of the deed restricted employee housing units to the Aspen/Pitkin County Housing Authority for the purpose of complying with the Colorado Supreme Court Decision regarding rent control legislation. The deed of conveyance shall contain such terms and conditions that are mutually acceptable to the City and the Applicant. To satisfy the rent control issue, the Applicant may submit an alternative option acceptable to the City Attorney. 24. The Applicant shall indemnify and hold harmless the Aspen/Pitkin County Housing Authority and the City of Aspen from any claims, liability, fees or similar charges related to ownership in the deed restricted affordable housing units. 25. The mix of affordable housing categories shall be as follows: 2-1 Bedroom Category 1 Units 2-1 Bedroom Category 2 Units 2-3 Bedroom Category 1 Units 7-3 Bedroom Category 2 Units 4-3 Bedroom Category 3 Units �� I III !Il lilil�li�l►II II!111�111�1486400 l .9P 0 co R 26. The deed restrictions on the affordable housing units on a given parcel shall be filed in conjunction with an application to condominiumize the Gee market units but prior to issuance of a Certificate of Occupancy on any of the units on said parcel.-. The deed restrictions shall meet the following: a. The deed restrictions on the affordable housing units shall be defined by the rental price terms in the Aspen/Pitkin County Affordable I lousing Guidelines in affect at the lime of Final Pl1D approval. 27. The Applicant shall record a housing replacement agreement which sets forth the terms and conditions by which the replacement housing will be provided prior to demolishing the Mine Dump Apartments. 28. The most recent tenants of the Mine Dump Apartments who meet the Affordable Housing Guidelines for the proposed units shall be granted first priority through an internal lottery at the time of the initial rental of the replacement affordable housing units. 29. The Applicant shall erect signage and install pavement marking on 'uan Street that prohibits on -street parking. 30. The Applicant or their successors or assigns shall maintain the common driveway between Parcels 2 and 3. . 31. The Applicant shall install an adequate fire alarm system throughout the development as determined by the Fire Marshal. The Applicant shall also install fire sprinkler systems and fire extinguishers that meet the requirements of the Fire Marshal. The Applicant shall meet with the Fire Marshal prior to building permit issuance to review alarms and sprinkler system plans. 32. Soil nails shall not be allowed within or under the public right-of-way. 33. The Applicant shall submit financial assurance in an amount and form acceptable to the City Engineer for excavation in the public right-of-way. 34. The Applicant shall provide a form of mitigation approved by the City Engineer for increased vehicular traffic on South Aspen Street, causing a revocation of the road's 15-year pavement warranty that results from accelerated road deterioration. The Applicant shall be proportionately reimbursed by future developments that cause a substantial increase in vehicle trips on the portion of South Aspen Street that is subject to the 15- year pavement warranty. l!I III lI�I!II II I Milli!lII� IIII IflICI: �l 48640 0 °i:4,�g 35. The Applicant shall provide a twenty-five (25) foot wide improved public access way with drive -on, slanted -face curbs and a stabilized shoulder on Dean Avenue for vehicular access into Parcel 1's affordable housing units. 36. The City Engineering Department recommends that the Applicants obtain flood insurance For the proposed units if available. 37. The Applicant shall install tree saving construction fences around the drip line ol'any trees to be saved. a. The City Forester or his/her designee must inspect tllis fence before any construction activities commence. b. No excavation, storage of materials, storage of construction equipment, construction backfill, foot or vehicular traffic shall be allowed within the fenced drip line. 38. A native vegetation protection fence shall be installed on the western property boundary of Parcels 1 and 2 between Parcels I and 2 and the Barbee Family Subdivision Property. The fence shall be installed and inspected by a City of Aspen Parks Department Representative prior to construction. There shall be no storage of construction materials, back fill, tools, or construction traffic beyond this protective fence. There also shall be no excavation or disturbance of the native area beyond this protective fence. 39. The Applicant or their successors or assigns shall maintain the Open Space on the site including the Park proposed on Parcel 1. 40. Pet waste stations shall be installed in the Park. Section 3• This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A public hearing on the ordnance shall be held on the 28th day of July, 2003, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. IIII!I��IIIIIIII I!IIIIIIIIIIII!IIIIIIII!IIIIIIIIIIIII04864003'! a_A 51, __. .........,._ orr.TN COUNTY CO R INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 23rd day of June, 2003. I'I en Kau I c e 1 , ayor Attest: l Kathryn S. I£ •h, City Clerk FINALLY, adopted, passed and approved by a vote of three to zero (3-0), this 28th day of July 2003. Attest: Kathryn S. Kh, City Clerk Approved as to form: ., John P. Wor6ester, City Attorney K M IIIIIIII�IIIIII�I�II�II�III��IIII�II�IIIII III�IIIIIII1I O a s640 0011049R SAV:R DRVIS PITKIN COUNT. C. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 602 S. Garmisch street. 101, 103,105 E. Dean street. 124,126,128, 130,132 E. Juan street, 701, 703, 705, 707, 709, 711, 713, 715, 717, 719, 721 S. Aspen street. Aspen, Colorado SCHEDULED PUBLIC HEARING DATE: January 28, 2008 STATE OF COLORADO County of Pitkin I, 21A1620t46 501 (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: X Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. X Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted in a conspicuous place on the subject property at least fifteen (15) days prior to the public hearing and was continuously visible from the 10th day of January , 2008 to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, at least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. RECEIVED (continued on next page) CITY' ASPEN ',0MP1iI N!` "`! OPMENT Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amend t^ Signature The foregoing "Affidavit of Notice" was ackqowledgqd before me this // day of J n , 2006, by 0 OM) / -------------- DIANE R MARSHALL NOTARY PUBLIC STATE OF COLORADO ---------------------- My Commission Expires &d- 2011 WITNESS MY HAND AND OFFICIAL SEAL om ' sion exp es: Q 0'NaOw% ary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL T4 U k `x, J t Sy p aT HiRE � 4 3I'6'c� nnilil i mur r inn to°. ti .y �a ATTACHMENT AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: �j Aspen, CO SCHEDULED PUBLIC HEARING DATE: �/ 200 d STATE OF COLORADO ) ) ss. County of Pitkin ) (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 200 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. v- Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all busine hours for fifteen (15) days prior to the public hearing on such amendme� The foregoing "Affidavit of Notice" was acknowledged before me this RL day of moo.*- 200_, by g j ✓ n V0y `,01, PNNf...�..... % rAOiq,?y `•, Z` '•. PUBLIC ;`0 '4 iOF C'0� AZA ZkPires WITNESS MY HAND AND OFFICIAL SEAL My commission ex fires: 20 D AA A ary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYtNAIL PUBLIC NOTICE RE: SOUTH ASPEN STREET SUBDIVISION AND PUD - VESTED RIGHTS EXTENSION NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, January 28, 2008, at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Aspen Land Fund II, LLC, 300 Spring Street, Suite 301, Aspen, CO 81611, which is the owner of the subject property. The Applicant requests an extension until July 28, 2009 of their vested rights to develop the site with their approved development plan of fourteen (14) free-market townhomes and seventeen (17) affordable housing units. The property is legally described as Block 6 of the Eames Addition to the City and Townsite, Lots 7-12, Block 11, Eames Addition to the City and Townsite of Aspen, and Lots 13-20, Block 11, Eames Addition to the City and Townsite of Aspen.For further information, contact Jennifer Phelan at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2759, jennifep@ci.aspen.co.us. s/ Michael C. Ireland, Mayor Aspen City Council Published in the Aspen Times on January 13, 2006 City of Aspen Account A83AV-O9-008-L uoliamisul,p w0rti9ne'MmM alpa; el zallnsU 124 E DURANT AVENUE LLC C/O WOGAN WENDY 633 W FRANCIS ASPEN, CO 81611 ALYEMENI MOHAMMED & ALICE 3109 OAKMONT DR STATESVILLE, NC 28625 ASPEN SKIING COMPANY LLC PO BOX 1248 ASPEN, CO 81612 BERHORST JERRY BERHORST CAROLE 7161 LINDENMERE DR BLOOMFIELD HILLS, MI 48301 BLACKW ELL CLARENCE A & ANNE H PO BOX 3180 ANNAPOLIS, MD 21403 BRIGHT GALEN 205 E DURANT AVE #3D ASPEN, CO 81611 BRUMDER PHILIP G & ASMUTH ANTHONY QUARLES & BRADY C/O 411 E WISCONSIN AVE STE 2500 MILWAUKEE, WI 53202 CAIN DOUGLAS M CAIN CONSTANCE MOFFIT TRUSTEES 1960 HUDSON ST DENVER, CO 80220 CHAPIN ANZLE TRUST 1887 STILLWATER ST ST PAUL, MN 55110-8507 CHRISTENSEN CINDY 109 JUAN ST ASPEN, CO 81611 ! ,A09LSenA?laAMl�//1 luawa6jeLp op SUDS v 603 SOUTH GARMISCH LLP 603 S GARMISCH ST ASPEN, CO 81611 APRIL FAMILY TRUST 1/4 INT 3501 S 154TH ST WICHITA, KS 67232-9426 BARBEE MARY K LIV TRUST 625 SKYLINE DR CODY, WY 82414 BIEL ALEXANDER L & LEE M 381 LOVELL AVE MILL VALLEY, CA 94941 BLUE LLOYD JR PLEAS ALEXA PO BOX 1569 GRAYTON BEACH, FL 32459 BRIGHT GALEN 407 S HUNTER ST #3 ASPEN, CO 81611 BUSH STEVEN S 0046 HEATHER LN ASPEN, CO 81611 CALKINS GEORGE W 105 S CHEROKEE DENVER, CO 80223-1834 CHAPLIN ARLENE & WAYNE 54 LAGORCE CIR MIAMI BEACH, FL 33141 CHU FAMILY TRUST 2/3 INT LU NANCY CHAO TRUST 1/3 INT 38 CORMORANT CIR NEWPORT BEACH, CA 92660 (� Twnleaj lead Ase3 J0; 009LS ®AL3AV lljege6 al zos um jalad a salpe; sallanbly 710 SOUTH ASPEN LLC PO BOX 4560 BASALT, CO 81621 ASPEN KABINN LLC C/O NIKE COMM/NINA KAMINER 75 BROAD ST RM 500 NEW YORK, NY 10004-2415 BASMA AKRAM & NADA 6318 23RD ST NW BOCA RATON, FL 33434 BILLINGSLEY FAMILY LP 1206 N WALTON BLVD BENTONVILLE, AR 72712 BRENNAN JACQUELINE NANCY 31 TRAINORS LANDING ASPEN, CO 81611 BRITTON CARI PO BOX 12131 ASPEN, CO 81612 CABELLJOE C/O CHARTHOUSE 1765 ALA MOANA BLVD HONOLULU, HI 96815 CASPER MARYLYNN 124 E DURANT #4 ASPEN, CO 81611 CHIATE PROPERTIES LLC 20628 ROCKCROFT DR MALIBU, CA 90265-5342 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 jaded paa jT @09LS 31V1dW31 okaw asD A83AV-09-008-L uoi.P m3sul,p JuawaGimp op suas 009L5 ®AH3AV Wcge6 al zosmin woYdAane mmm alpej el zopsup , salad @ sall3e} sauenbq CROW MARGERY K & PETER D CYS RICHARD L AND KAREN L CZAJKOWSKI MICHAEL SANDRA J 46103 HIGHWAY 6 & 24 5301 CHAMBERLIN AVE 90 LA S LLE ST APT GLENWOOD SPRINGS, CO 81601 CHEW CHASE, MD 20815 NEWW YORK, RK, NY 10027 DANCING BEAR LAND LLC DAVIS CAROL L DOLINSEK JOHN 210 N MILL ST #203 7838 HILLMONT ST 619 S MONARCH ST ASPEN, CO 81611 HOUSTON, TX 77040-6108 ASPEN, CO 81611 DONCER JOYCE TRUST DUNN STEVEN G EAST JAMES COLLIER TRUSTEE 7641 W 123RD PL 107 JUAN ST 5800 R ST PALOS HEIGHTS, IL 60463 ASPEN, CO 81611 LITTLE ROCK, AR 72207 ELDER TRUST ELLIS JAMES BYRON ELDER JERRY TRUSTEE 17 1/2 FLEET ST PO BOX 308 MARINA DEL REY, CA 90292 LA JOLLA, CA 92038-0308 ETKIN DOUGLAS M & JUDITH G EVANS DAVID COURTNEY 701 S MONARCH ST #2 PO BOX 952 ASPEN, CO 81611 ASPEN, CO 81612 FARR BRUCE K & GAIL H PO BOX 5142 ASPEN, CO 81612 FLETCHER KAREN K & JAY R PO BOX 3476 ASPEN, CO 81612 GARMISCH LLC C/O MIE PROPERTIES 2560 LORD BALTIMORE DR WINDSOR MILL, MD 21244 FAULKNER JOHN L 2433 ROCKINGHAM ST ARLINGTON, VA 22207 FREIRICH MARK A PO BOX 774056 STEAMBOAT SPRINGS, CO 80477 GILBERT DONALD C 2004 TRUST 67 TURTLE BACK RD S NEW CANAAN, CT 06840 GINSBURG ANNE C & ROBERT B GLICKMAN EDWIN C 7933 YORKSHIRE CT 2322 LAZY O RD BOCA RATON, FL 33496-1323 SNOW MASS, CO 81654 GRANT BROTHERS LLP 436 COFFMAN STE 200 PO BOX 908 LONGMONT, CO 80502-0�09��08 T_nn�c�„av�wvl�9//1 GREINER JERRY M GREINER TERESA U 330 BICKLEY RD GLENSIDE,PA 19038 EDTain}eaj load llse3 co; ELLIS PAUL DAVID 100 E DEAN ST #2F ASPEN, CO 81611 FALL CREEK CONSTRUCTION LLC PO BOX 10420 ASPEN, CO 81612 FELDMAN SELMA 300 S POINTE DR APT 2403 MIAMI BEACH, FL 33139-7329 FRIEDKIN THOMAS H PO BOX 4718 HOUSTON, TX 772104718 GILLESPIE JOHN E REV TRUST 775 GULFSHORE DR #4219 DESTIN,FL 32541 GOLDSMITH ADAM D SMITH RONA K PO BOX 9069 ASPEN, CO 81612 GROOS NICHOLAS D 210 N INDUSTRIAL PARK RD HASTINGS, MI 49058 jaded P884T OU 009L5 31YIdW31@k8AV asn ....� . cam. Aa3AV-O9-008-L uopprulsul,p worAane•NuAm alma; el zeMnsuA HANG TEN ADVENTURE 809 S ASPEN ST #2 ASPEN, CO 81611 luaw96JeLP ap SUDS T HARRIS NORMAN LINDSAY JR 146 ARDMORE DR ASPEN, CO 81611 HATCHER HUGH S HEIM WILLIAM D 205 E DURANT AVE APT 2E 124 E DURANT AVE APT 1 ASPEN, CO 81611 ASPEN, CO 81611-1769 HENRY WAYNE SCOTT HILL EUGEN DUBOSE III & JOAN LUISE PO BOX 2383 TRST GRAPEVINE, TX 76099 PO BOX 129 PRIDES CROSSING, MA 01965 HINES TOM & CAROLYN HOENER REV TRUST 21 TRAINORS LNDG 4823 HOLLY TREE DR ASPEN, CO 81611-1652 DALLAS, TX 75287 HOTEL DURANT IAVARONE GIANFRANCO & RITA 122 E DURANT 341 ORIENTA AVE ASPEN, CO 81611 MAMORONECK, NY 10543 IMHOF FAMILY TRUST IMREM SUE GORDON TRUSTEE 2409 GREEN ST 219 E LAKE SHORE DR #51) SAN FRANCISCO, CA 94123 CHICAGO, IL 60611 JOHNSON KERRI & DEREK 117JUAN ST #1 ASPEN, CO 81611 KABERT INDUSTRIES INC PO BOX 6270 VILLA PARK, IL 60181 JOHNSTON MARGARET S 9.87% 30 DEXTER ST DENVER, CO 80220 ®09LS ®A113AV luege6 al zesllllD salad @ selPel sallar&til HARVEY JEFFREY & NANCY 711 S DEARBORN ST - #507 CHICAGO, IL 60605 HEIMANN GEORGE R 100 E DEAN ST #2E ASPEN, CO 81611-1967 HILL EUGENE D III & JOAN L TRUST 3 AVALON AVE P 0 BOX 129 PRIDES CROSSING, MA 01965 HORTON KAREN JANE TRUST 588 S PONTIAC WAY DENVER, CO 80224 ICAHN LIBA PO BOX 11137 ASPEN, CO 81612-9627 J&E HANSEN LLC CIO EDWARD HANSEN 204 E DURANT AVE ASPEN, CO 81611 JUAN STREET HOA 119 JUAN ST ASPEN, CO 81611 KAPLAN BARBARA KAUFMAN STEVEN 3076 EDGEWOOD RD 0554 ESCALANTE PEPPER PIKE, OH 44124 CARBONDALE, CO 81623 KINGSBURY FAMILY TRUST KLINDWORTH J TODD & HEATHER KULLGREN NANCY A PO BOX 198 PO BOX 25318 205 E DURANT AVE UNIT 2-C HOLDERNESS, NH 03245 ST CROIX, VI 00824 ASPEN, CO 81611 LACY ROANE M JR LARKIN THOMAS J & MARYANN K LEONARD-PECK SHEILA KATHRYN PO BOX 367 1 SHELDRAKE LN RR 1 PO BOX 375-P WACO, TX 76703-0367 PALM BEACH GARDENS, FL 33418-6820 VINEYARD HAVEN, MA 02568 T ���� l� �� Tamlead lead Ase3 jol jaded paH 009LS 31V1dW31 �aAV asR AVMV-09-008-L uolpnnsul,p Lu9w9fue9 ap sua5 wo3,AianennMM alma; el zeMnsypk LEVY HELEN JOAN TRUST LEVY HYMAN & GAIL .421 WARWICK RD PO BOX 1365 KENILWORTH, IL 60043-1145 BOCA RATON, FL 33429-1365 LIFT ONE CONDOMINIUM ASSOC LIFT ONE LLC 72.40% 131 E DURANT AVE 24 LINDENWOOD LN ASPEN, CO 81611 LITTLETON, CO 80127 LUNDHOLM KERSTIN M 115 JUAN ST ASPEN, CO 81611 MACHUCA EDGAR F 11 TRAINORS LANDING ASPEN, CO 81611 MARK KENNETH A 200 PANTIGO RD EAST HAMPTON, NY 11937 MCKENZIE BART B & PAIGE PARAVANO 4840 30TH ST NORTH ARLINGTON, VA 22207-2716 MONIGLE ETHEL M 803 S GARFIELD ST DENVER, CO 80209 MORGAN MICHAEL L 115 JUAN ST ASPEN, CO 81611 NOBLE GUY T PO BOX 9344 ASPEN, CO 81612 OLSON PAUL S & DIANE C PO BOX 128 BRECKENRIDGE, CO 80424 MACDONALD KENNETH HUGH REV TRUST 44 W HANNUM SAGINAW, MI 48602 MAGES LAWRENCE M & MARY K 84% 216 LINDEN AVE WILMETTE,IL 60091 MCCARTNEY BRENDA DAHL 113 JUAN ST ASPEN, CO 81611 MCNAMARA CHRISTIANE J TRST PO BOX 1053 ASPEN, CO 81612 MOORE JOHN W 50% 10426 WHITEBRIDGE LN ST LOUIS, MO 63141 MULKEY DAVID A DR TRUSTEE 2860 AUGUSTA DR LAS VEGAS, NV 89109 009LS OA83AV 3!jege6 al zes!!!LD ja!ad a sane; samr;bIp LIBMAN KENNETH J 800 S MONARCH ST #2 ASPEN, CO 81611 LOCHHEAD RAYMOND R & EMILIE M 200 SHERWOOD RD PASO ROBLES, CA 93446 MACGREGOR ROBERT DUNCAN 710 E DURANT AVE STE W 6 ASPEN. CO 81611-2070 MARCUS ANN H 117 N MONARCH ST #1 ASPEN, CO 81611 MCCONNELL THOMAS W & KAY L 3814 OAKHILLS BLOOMFIELD HILLS, MI 48301 MENDEL M MARK MENDEL GRACE A - JT TENANTS 1620 LOCUST ST PHILADELPHIA, PA 19103 MORGAN GAYLE B 1160 RIVER DR ASPEN, CO 81611 MURRAY DENIS PO BOX 3770 ASPEN, CO 81612 NOREN LARA L & STEPHEN C NORTH LAUDERDALE PETROLEUM LLC 11211 FONTHILL DR 6318 NW 23RD ST INDIANAPOLIS, IN 46236-8630 BOCA RATON, FL 33434 ONEAL PROPERTIES LLC ONEILL ROGER 8100 E CAMELBACK RD #31 PO BOX 711 SCOTTSDALE, AZ 85251-2773 LAKE GENEVA, WI 53147-3579 T�no�cAl��w�rn TajnyeedlaadAse3�0; jaded ®09L531Vwwuo+anyasD A0Atl 09 008 t uoly"jysul,p lu9war3Je43 ap sua5 00915 ®AN3AV 3Nege6 al zasllpD wog AAane mmm alllna; el zeMnsu +, vsalad @ selpe; smanblq PASCO PROP LLC PIECE OF THE PIE LLC PINES LODGE CONDO ASSOC SMITH PATRICK A PO BOX 2492 152 E DURANT AVE 360 SOUTHFIELD RD ASPEN, CO 81611 ASPEN, CO 81611 BIRMINGHAM, MI 48009 PINES LODGE DEVELOPMENT LLC 2353 IRVINE AVE NEWPORT BEACH, CA 92660 ROARING FORK PROPERTIES C/O HOWARD A WILL JR 5055 26TH AVE ROCKFORD, IL 61109 ROSE JON E ROSE RITA L 303 MAGNOLIA LAKE DR LONGWOOD, FL 32779 S C JOHNSON AND SON INC TAX DEPT 412 1525 HOWE ST RACINE, WI 53403 SCHAYER CHARLES M III 588 S PONTIAC WAY DENVER, CO 80224 SCHUMACHERJUDY M 0115 GLEN EAGLES DR ASPEN, CO 81611 SEVERY REV TRUST 70.39% 30 DEXTER ST DENVER, CO 80220 SHENK ROBERT D 290 HWY 133 CARBONDALE, CO 81623-1530 SIMON HERBERT REV TRUST 8765 PINE RIDGE DR INDIANAPOLIS, IN 46260-1778 RINGSBY GRAY PO BOX 1292 HAIKU, HI 96708 ROBERT FAMILY TRUST 1/4 INT 771 FERST DR ATLANTA,GA 30332-0245 RUDERMAN ERIC P & MIMI E 1536 OGDEN ST DENVER, CO 80218-1406 SCHAINUCK LEWIS I & MICHELLE T 2900 OCEAN BLVD CORONA DE MAR, CA 92625 SCHERER ROBERT P TRUST 217 GOLDENROD AVE CORONA DEL MAR, CA 92625 SEMRAU TIMOTHY & HEIDI ROBBIN 58 TRAINORS LANDING RD ASPEN, CO 81611 SHADOW MTN AERIE PTNRSHP LLP C/O ARTHUR J & PAMELA T WASHINGTON 21 BRIARCLIFF RD LARCHMONT, NY 10538 SHINE FAMILY LLC 8677 LOGO 7 COURT INDIANAPOLIS, IN 46219-1430 SKY BLUE LLC 27.60% 5743 CORSA AVE # 101 WESTLAKE VILLAGE, CA 91362 ROARING FORK MTN LODGE ASPEN LLC TWO CREEKS BLDG PO BOX 6237 SNOWMASS VILLAGE, CO 81615 ROBLES ENRIQUE ALVAREZ ALVAREZ CRISTINA MONTES URALES 350 LOMAS CHAPULTEPEC MEXICO DF MEXICO, 11000 RYAN ELIZABETH H 1/2 INT COPE G RICHARD & NANCY M 1/2 INT 419 WINNEBAGO DR JANESVILLE, WI 53545 SCHAPIRO MARC & PATRICIA 1685 TAMARAC DR GOLDEN, CO 80401 SCHROEDER C M TRST 50% INT SCHROEDER BETTY ANN TRST 50% 3629 ROCKBRIDGE RD COLUMBIA, SC 29206 SETZLER ALEX 100 E DEAN ST UNIT 2C ASPEN, CO 81611-1957 SHEFFER BARBARA & DOUGLAS PO BOX 250 ASPEN, CO 81612 SILVERMAN MARC A & MARILYN L 937 DALE RD MEADOWBROOK, PA 19046 SLOAN SUSAN MARIE 500 S ORANGE AVE SARASOTA, FL 34236 Ti Jaded_ paadT 009L5 u idw31 �+aw asDTn.au loAs. A113AV 09 008 1 uo.33ru ul,p ;uawafue4D op suss 009L5 ®AL3Atl kjege6 al zaslll;fl woatiane mmm apma; el zeMnsuogk v salad @ selpe; sawnbgd SM-15 SEELBACH W ILLIA - C/O 45000 S WOODLAND CHAGRIN FALLS, OH 44022 SOUTH POINT CONDOMINIUM ASSOCIATION 205 E DURANT AVE #2F ASPEN. CO 81611 SPRING LANE INVESTMENTS LLC 22 SPRING LN BARRINGTON HILLS, IL 60010 STEINER DONALD R BUCKHEAD GRAND 3338 PEACHTREE RD #3307 ATLANTA,GA 30326 SZYMANSKI WILLIAM R & LYNNE E 2220 E SILVER PALM RD BOCA RATON, FL 33432 TELEMARK APARTMENT 2 LLC 2422 UNION ST SAN FRANCISCO, CA 94123 TOLLEFSON JON S & JOANN M 38 TRAINORS LANDING ASPEN, CO 81611 TYDEN FAMILY FARMS PTNP 1730 IROQUOIS TR HASTINGS, MI 49058 SOLONDZ TAMI S PO BOX 2829 ASPEN, CO 81612 SOUTHPOINT-SUMNER CORP 4828 FORT SUMNER DR BETHESDA, MD 20816 SOUTH POINT CONDO LLC 150 N MARKET WICHITA, KS 67202 SPAULDING RICHARD W THOMPSON ELEANOR M PO BOX 278 CONCORD, MA 01742-0278 STANTON JAMES STARK RENEE A C/O WORLD-WIDE HOLDINGS CORP 205 E DURANT AVE APT 1 D 950 THIRD AVE 18TH FL ASPEN, CO 81611-3813 NEW YORK, NY 10022 STRAWBRIDGE GEORGE JR 3801 KENNETT PIKE BLDG #13-100 WILMINGTON, DE 19807 TAROCH HOLDINGS LTD C/O PATRICK D MCALLISTER PC 315 E HYMAN AVE #305 ASPEN, CO 81611-2909 TELEMARK ASPEN LLC 55 SECOND ST COLORADO SPRINGS, CO 80906 TOWNE PLACE OF ASPEN CONDO ASSOCINC C/O ASPEN LODGING COMPANY 747 S GALENA ST ASPEN, CO 81611 UHLFELDER FAMILY INVESTMENTS RLLP 210 AABC STE AA ASPEN, CO 81611 VANTONGEREN HAROLD V & LIDIA M WALDRON GAILYN L TRUSTEE 2000 E 12TH AVE BOX 8 PO BOX 7964 DENVER, CO 80206 ASPEN, CO 81612 WOLF FAMILY TRUST 12/23/1986 1221 MYRTLE AVE SAN DIEGO, CA 92103 T A.09LSrtn1?IaAMI'�9/1 WOODING MERRITT B PO BOX 339 HOPE, NJ 07844 Tam;eaJ load Ase3;01 STUART FAMILY TRUST 1/4 INT 1 CASTLEWOOD CT NASHVILLE, TN 37215-4617 TAYLOR ELAINE D W301 N9430 COUNTY TRUNK E HARTLAND, WI 53029 THREE REEDS LLC 2224 VIA SEVILLE RD NW ALBUQUERQUE, NM 87104-3096 TUCKER TIMOTHY H & PATRICIA A 809 S ASPEN ST ASPEN, CO 81611 VANDER WALL DEAN ROBERT & BEVERLY J PO BOX 189 LONE PINE, CA 93545 WHITE JALEH THICKMAN DAVID 152 E DURANT AVE ASPEN, CO 81611-1737 WOODSON TATJANA REV TRUST PO BOX 125 TETON VILLAGE, WY 83025 jadedpaaAT ®09isuvidwu@kaAwasn I NuS., AIl3AV-O9-008-1 uolpngsuLP 3uawa6aegp op suas 00915 ®M3AV 31.Jege6 al zesinin worAiane Aeon apina; el za31nsuU V salad @ selpe; sauanblq WOW LIFT ONE LLC WRIGHT LISA WUGALTER JOEL '3225 WAK CANYTLERON N CI RT T PO BOX 3770 716 BISHOPS LODGE RD SED ELK CANYON C8 ASPEN, CO 81612 SANTE FE, NM 87501-1127 SEDALIA, CO 80135-8573 T n Tamieaj lead Ase3 io; jaded paadT R�l ®09t5 31V1dW31 obaw asn ATTACHMENT AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: / I k , Aspen, CO SCHEDULED PUBLIC HEARING DATE: Pdo&kaw � �m , 2009 STATE OF COLORADO ) ) ss. County of Pitkin ) I, Hr fj21a JC61 (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the publicnotice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of ,200 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. '5ignatufe The foregoing "Affidavit of Notice" was acknowledged before me this 1� day Of--, f 200�9 by S r r PUBLIC NOTICE RE' SOOT SPEN STRELTSOBDIVISION AND PUD-VESO RIGHTS EXTENSION NOTICE I �EREBY GIVEN that a public hearina their s/ Michael C Ireland Mayor Aspen City Council Published in the Aspen Times Weakly on January 13, 21X8. (1047752) WITNESS MY HAND AND OFFICIAL SEALoolkr My commission expires: �U Vl'e—Za10 JM Notary Public P'ICC \ 4SP .. O e4; NOTAPl w: Z/ y u V - Rib`. ATTACHMENTS: COPYOF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL THE CITY OF ASPEN Land Use Application Determination of Completeness Date: December 29, 2007 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0075.2007.ASLU. The planner assigned to this case is myself. The public hearing on the application is scheduled for January 28, 2008. ❑ Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1. 2. 3. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Your Land Use Application is complete: f there are not missing items listed above, to begin the land use review process. then your application has been deemed complete Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. T You, ennifer Phel eputy Director City of AspenLC, unity Development Department C:\Documents and Settings\jennifep\Desktop\organized\G Drive\Templates\Completeness Letter Land Use.doc VANN ASSOCIATES, LLC Planning Consultants December 17, 2007 HAND DELIVERED Mr. Chris Bendon, Director Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: South Aspen Street Subdivision/PUD Vested Rights Extension Dear Chris: Please consider this letter an application to extend the vested rights for the South Aspen Street Subdivision/PUD, a free market residential/affordable housing project (the "townhome project") which has been approved for development on three parcels of land located on the west side of South Aspen Street near the base of Aspen Mountain (see Exhibit 1, Pre -Application Conference Summary, attached hereto). The application is submitted pursuant to Section 26.308.010.C. of the Aspen Land Use Regulations by the owner of the property, Aspen Land Fund II, LLC (hereinafter "Applicant"), a Colorado limited liability company (see Exhibit 2, Title Commitment). Permission for Vann Associates, LLC to represent the Applicant is attached as Exhibit 3. A land use application form, application fee agreement, and a list of property owners located within three hundred feet of the property site are attached as Exhibits 4, 5 and 6, respectively. Final PUD approval for the townhome project was granted by the City Council on July 28, 2003 pursuant to Ordinance No. 32, Series of 2003 (see Exhibit 7). As a consequence of several extensions granted by City Council, the approval is currently vested until July 28, 2008. The project's final plat, PUD development plan, and subdivision/PUD agreement were recorded on April 25, 3007. The Applicant is giving consideration to an alternative project for the property, including hotel rooms, affordable housing units, and fractional ownership lodge units. The City, the Applicant, and several neighboring landowners are in discussions regarding the feasibility of collaborating on a master planning process for the lands at the base of Lift IA, pursuant to Chapter 26.500 of the Aspen Land Use Code (the "COWOP" process). If a final approval for an alternative project for the Applicant's 230 East Hopkins Ave. • Aspen, Colorado 81611 • 970/925-6958 • Fax 970/920-9310 Mr. Chris Bendon December 17, 2007 Page 2 property is eventually granted by the City Council, the townhome approval represented by Ordinance No. 32, Series of 2003 will be terminated. At the present time, however, it is unclear whether the COWOP process will actually be undertaken by the parties, and if it is, how long the COWOP review and approval process will take. In the event the COWOP process is not undertaken by the parties, or if an acceptable final approval for an alternative hotel project for the Applicant's property does not result from the COWOP process, the Applicant will have no choice but to continue with the development of the previously approved townhome project. The Applicant cannot allow the townhome project's vested rights to expire as the property's financing was made in reliance on the existing approvals. Absent approval of the requested extension, the Applicant will have no choice but to proceed with construction of the townhome project in order to maintain the prior approval's vested rights status. Pursuant to Section 26.308.010.C. of the Regulations, the City Council may by resolution at a public hearing approve an extension of vested rights. The specific review criteria which the Council shall consider, and the Applicant's response thereto, are summarized below. 1. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement. Section 2 of Ordinance No. 32, Series of 2003, requires the Applicant to record a final PUD development plan, a PUD agreement, and a subdivision plat memorializing the South Aspen Street Subdivision/PUD's development approval. All of those instruments were in fact recorded on April 25, 2007. 2. The progress made in pursing the project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursing the project. The Applicant has been making diligent efforts to obtain the requisite building permits for the townhome project since April of 2007. These efforts have included, inter alia, the preparation and recording of all necessary PUD documentation, the development of final architectural and engineering plans and specifications, additional environmental testing and monitoring, the demolition of the Mine Dump Apartments, site preparation work, and the submittal of various building permit applications and related materials to the City Building Department. Aggregate expenditures made by the Applicant to date in pursuing the townhome project are in the range of $3,000,000. 3. The nature and extent of any benefits already received by the City as a result of the project approval such as impact fees or land dedications. ' Mr. Chris Bendon December 17, 2007 Page 3 Permit and impact fees paid to date by Applicant to the City in connection with the townhome project amount to approximately $270,000. 4. The needs of the city and the applicant that would be served by the approval of the extension or reinstatement request. No community benefit would result by requiring the Applicant to continue with the development of the townhome project when the preferred alternative is a new mutually acceptable hotel/affordable housing/fractional ownership project and the inclusion of Applicant's property in a COWOP process for the base area at Lift 1A. Both the City and the Applicant would best be served by the granting of an appropriate extension to allow adequate consideration of the feasibility of entering into the COWOP process, and if the decision is made to pursue the same, to allow the review and approval process to run its course. Applicant, in its discretion, may continue with the townhome building permitting process during the COWOP review and approval process. A one year extension is requested. If approved, the new deadline for the expiration of the townhome project's vested rights would be July 28, 2009. In the event the COWOP process is undertaken by the necessary parties but final City Council approval of an acceptable hotel/affordable housing/fractional ownership project for Applicant's property, coupled with the preparation and recording of the various documents required to memorialize the approval, cannot be achieved by July 28, 2009, a further extension will be needed to complete the process. Please note that the PUD agreement for a COWOP-approved project on Applicant's property, if such approval can be accomplished, will specifically vacate and abandon all prior approvals associated with the townhome project. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Your timely scheduling of this application for consideration by the City Council would be sincerely appreciated. Yours truly, VANN A090CIATFS, LLC unny Vann, AICP S V/cwv Attachments cc: John Sarpa Arthur C. Daily, Esq. 3804039_1,DOC EXHIBIT 9 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Joyce Allgaier, 429-2754 DATE: 3/5/07 PROJECT: South Aspen Street PUD Vested Rights Extension REPRESENTATIVE: Sunny Vann TYPE OF APPLICATION: Vested Rights Extension DESCRIPTION: The Applicant would like to extend the vested rights that were granted to the South Aspen Street PUD in Ordinance No. 32, Series of 2003. The Applicant has indicated a desire to extend the vested rights by one year to provide additional time for application preparation and City review of the Lodge at Aspen Final PUD that is proposed on the same site as the approved South Aspen Street PUD. Land Use Code Section(s) Section 26.304 Common Development Review Procedures Section 26.308.010(C) Extension or Reinstatement of Vested Rights Review by: Staff for complete application. Community Development Director for recommendation to City Council. City Council for final decision on the vested rights extension. Public Hearing: Yes. Referral Agencies: None. Planning Fees: Deposit of $1,410 for 6 hours of staff time. Referral Agency Fees: None. Total Deposit: $1,410 (Additional hours are billed at a rate of $235.00 per hour). To apply, submit the following information: I. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Completed Land Use Application. 4. Signed fee agreement. 5. Pre -application Conference Summary. 6. An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. 7. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. 8. Approved Development Plans on which vested rights are to be extended. 9. Copies of prior approvals. 10. 10 Copies of Application (Items 2-10). Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. EXHIBIT jLaAwyersoTide nsurance Corporation >iam+xr�xxmanan ALTA Commitment For Title Insurance American Land Title Association (1966) AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3RDFLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: Vince Higens-once@sopris.net TJ Davis-qd@sopris.net Priscilla Prohl-priscilla@sopris.net Joy Higens-joy@sopris.net Brandi Jepson-brandi@sopris.net (Closing & Title Assistance) Issued By )aaulyeLsZidelnstirance Cfporation Home Office: 101 Gateway Centre Parkway, Gateway One Richmond, Virginia 23235-5153 1-800-"6-7086 B 1004-268 2 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: March 6, 2006 at 8:00 AM 2. Policy or Policies to be issued: (a) ALTA Owner's Policy -Form 1992 Proposed Insured: (b) ALTA Loan Policy -Form 1992 Proposed Insured: (c) ALTA Loan Policy -Form 1992 Proposed Insured: Case No. PCT15438PR2 Amount$ 0.00 Premium$ 0.00 Rate: Amount$ 0.00 Premium$ 0.00 Rate: Amount$ Premium$ Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: ASPEN LAND FUND II LLC, A COLORADO LIMITED LIABILITY COMPANY 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: See Attached Exhibit "A" PYMN COUNTY TnIE, INC. 601 E. HOPKINS, ASPEN, CO. 81611 970-925-1766 Phone/970-925-6527 Fax 877-217-3158 Toll Free AUTHORIZED AGENT Countersigned: go] Schedule A -PGA This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. EXHIBIT "A" LEGAL DESCRIPTION PARCELI Block 6, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more particularly described as follows: Beginning at a point which is the intersection of the Easterly right of way line of Garmisch Street and the Southerly right of way line of Dean Avenue, from whence the Northeast Comer of Section 13, Township 10 South, Range 85 West of the 6th P.M., bears N 53°20'2B" East 814.56 feet; thence along the Southerly right of way line of Dean Avenue S 75*09'11" E 330 feet to the Westerly right of way line of Aspen Street; thence along said right of way line of Aspen Street S 14'50'49" W 130 feet to the Northerly right of way line of Juan Street; thence along said right of way line of Juan Street N 75'09'11" W 330 feet to the Easterly right of way line of Garmisch Street; thence along said right of way line of Garmisch Street N 14"50'49" E 130 feet to the point of beginning. EXCEPTING therefrom: The portion described in Book 232 at Page 362 The above parcel is also described as follows Beginning at a point which is the intersection of the Easterly right-of-way line of Garmisch Street and the Southerly right-of-way line of Dean Avenue, from whence the Northeast comer of Section 13, Township 10 South, Range 85 West of the Sixth Principal Meridian bears N 53"20'28" E 814.56 feet, more or less; thence along the Southerly right-of-way line of Dean Avenue S 75*09'11" E 330 fee, more or less, to the Westerly right-of-way line of Aspen Street; thence along said right-of-way line of Aspen Street S 14"50'49" W 130 feet, more or less to the Northerly right-of-way line of Juan Street; thence along said right-of-way line of Juan Street N 75'09'11" W 298.20 feet, to the Southeasterly comer of that parcel of land described in Book 232 at Page 362; thence N 40"21'11" W along the Northeasterly line of said parcel, a distance of 38.73 feet to the Northeasterly right-of-way line of Garmisch Street; thence along said right-of-way line of Garmisch Street N 14°50'49" E 107.90 feet, more or less, to the point of beginning. SAID PARCEL OF LAND ALSO BEING DESCRIBED AS FOLLOWS Block 6, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more particularly described as follows: Beginning at a point which is the intersection of the Easterly right of way line of Garmisch Street and the Southerly right of way line of Dean Avenue, from whence the Northeast Comer of Section 13, Township 10 South, Range 85 West of the 6th Principal Meridian., bears N 53°20'28" East 814.56 feet more or less; thence along the Southerly right of way line of Dean Avenue S 75*09'11" E 330 feet, more or less to the Westerly right of way line of Aspen Street; thence along said right of way line of Aspen Street S 14"50'49" W 130 feet, more or less to the Northerly right of way line of Juan Street, thence along said right of way line of Juan Street N 75*09'11" W 330 feet, more or less to the Easterly right of way line of Garmisch Street; thence along said right of way line of Garmisch Street N 14°50'49" E 130 feet, more or less to the point of beginning. EXCEPTING therefrom: That parcel of land described in Book 232 at Page 362 in the records of the Clerk and Recorder of Pitkin County, Colorado. Said Parcel 1 is also described as follows: Beginning at a point which is the intersection of the Easterly right-of-way line of Garmisch Street and the Southerly right-of-way line of Dean Avenue, from whence the Northeast comer of Section 13, Township 10 South, Range 85 West of the Sixth Principal Meridian bears N 53°20'28" E 814.56 feet, more or less; thence along the Southerly right-of-way line of Dean Avenue S 75'09'11" E 330 fee, more or less, to the Westerly right-of-way line of Aspen Street; thence along said right-of-way line of Aspen Street S 14°50'49" W 130 feet, more or less to the Northerly right-of-way line of Juan Street; thence along said right-of-way line of Juan Street N 75*09'11" W 298.20 feet, to the Southeasterly corner of that parcel of land described in Book 232 at Page 362; thence N 40*21'11" W along the Northeasterly line of said parcel, a distance of 38.73 feet to the Northeasterly right-of-way line of Garmisch Street; thence along said right-of-way line of Garmisch Street N 14'50'49" E 107.90 feet, more or less, to the point of beginning. 1201 Zy=L� That portion of the Northeast one -quarter of the Northeast one -quarter (Lot 1) of Section 13, Township 10 South, Range 85 West of the 6th P.M., described as follows: Beginning at the Northeast Comer of Lot 13, Block 11, Eames Addition; thence N 75'09'11" W 181.25 feet; thence S 14°50'49" W 78.00 feet; thence S 03°55'43" W 164.99 feet; thence S 75°09'11" E 150.00 feet; thence N 14°50'49" E 240.00 feet to the point of beginning. ALSO KNOWN AS Lots 13, 14, 15, 16, 17, 18, 19 and 20, Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, and a tract of land being part of Lot 1 of Section 13, Township 10 South, Range 85 West of the 6th P.M., described as follows: Beginning at the Northwesterly corner of Lot 13, Black 11, Eames Addition; thence S 14°50'49" W 240.00 feet along the Westerly line of said Block 11 to the Southwesterly corner of Lot 20, Block 11, Eames Addition; thence N 03°55'43" E 164.99 feet; thence N 14°50'49" E 78.00 feet; thence S 75°09'11" E 31.25 feet to the point of beginning. AND Lots 7, 8, 9, 10, 11 and 12, Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more fully described as follows: Beginning at the Northwesterly corner of said Lot 7; thence S 75'09'11" E 180.00 feet along the Northerly boundary line of said Block 11: thence S 14`50'49" W 100.00 feet along the Easterly boundary line of said Block 11; thence N 75'09'11" W 180.00 feet along the Southedy boundary line of said Lots 7-12 to the Southwesterly comer of said Lot 7; thence N 14"50'49" E 100.00 feet along the Westerly boundary line of said Lot 7 to the point of beginning. SAID PARCEL OF LAND ALSO BEING DESCRIBED AS FOLLOWS: Beginning at the Southwest corner of said Lot 7, a rebar and cap PLS # 29030, from which a rebar and cap PLS # 2547 bears N 55' E a distance of 0.7 feet; thence N 14°50'49" E along the westerly line of said Lot 7, a distance of 100.00 feet to the Northwest corner of said Lot 7, also being at the Southerly right-of-way of Juan Street in the City of Aspen, a rebar and cap PLS # 2547; thence S 75'09'11" E along the Northerly line of said Block 11, also being the Southerly right-of-way line of said Juan Street a distance of 180.00 feet to the Northeast corner of said Block 11, a rebar and cap PLS # 29030; thence S 14°50'49" W along the Easterly line of said Block 11, also being the Westerly right-of-way of Aspen Street in the City of Aspen a distance of 100.00 feet to the Southeast corner of said Lot 12, a rebar and cap PLS # 29030; thence N 75'09'11" W along the Southerly line of said Lots 7,8,9,10,11 and 12 a distance of 180.00 feet to the point of beginning. `NJ AND The vacated alley situated in Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN. -A, LAND USE APPLICATION APPLICANT: Name: Location: `777tE (Indicate street address. lot & block number. legal descrint REPRESENTATIVE: EXHIBIT o 9 Name: Address: Z �, f%/�/S , �S% � G� C:31Xl/1 Phone #: PROJECT: Name: Address: Phone #: — 33G TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use ©� Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment N�_I7 CONDITIONS: (description of existi M PROPOSAL: (descriotion of etc. Have you attached the following? FEES DUE: $ [Pre -Application Conference Summary Attachment 41, Signed Fee Agreement y'f ❑ Response to Attachment #3, Dimensional Requirements Forth 0 Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards MR EXHIBIT D 9 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of Cityofof Aspen Development Application Fees � CITY OF ASPEN (hereinafter CITY) and /T/ l/ '� ee (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. \ -APPLICANT h�mitted [ C an a p� lication or (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a e) eJimmauon of applicati completeness, APPLICANT shall pay an initial deposit in the amount of �¢/� which is for � hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN By: Chris Bendon Community Development Director g:\support\forms\agrpayas.doc 11/30/04 APPLICAN By: Dat . 3 t5 Billing Address and Telephone Number: Required �. 6A7re'1'-A--7 SZY7145 -:5C/ A83AV-09'008-L u01ru1_sul,p ivawo6jeLpapsuaS 009LS®J, EXHIBIT wm l0ane AMM apma} el za;lnst+ - 7 a 124 E DURANT AVENUE LLC C/O WOGAN WENDY 710 SOUTH ASPEN LLC ALYEMENI MOH 533 W FRANCIS 314 S GALENA ST STE 200 3109 OAKMONT ASPEN, CO 81611 ASPEN, CO 81611 STATESVILLE, NC 28625 APRIL FAMILY TRUST 114 INT 3501 S 154TH ST ASPEN KABINN LLC C/O NIKE COMM/NINA KAMINER ASPEN PEN SKIING COMPANY LLC WICHITA, KS 67232-9426 35 E 21ST ST PO BOX 1248 12 NEW YORK, NY 10010 ASPEN, 81612 BARBEE MARY K LIV TRUST BENT FORK LLC BERHORST JERRY 625 SKYLINE DR C/O FESUS GEORGE BERHORST CAROLE CODY, WY 82414 PO BOX 9197 7161 LINDENMERE DR ASPEN, CO 81612 BLOOMFIELD HILLS, MI 48301 BIEL ALEXANDER L & LEE M BILLINGSLEY FAMILY LP BLACKWELL CLARENCE A & ANNE H 381 LOVELL AVE 1206 N WALTON BLVD PO BOX 3180 MILL VALLEY, CA 94941 BENTONVILLE, AR 72712 ANNAPOLIS, MD 21403 BLUE LLOYD JR 279 GRAYTON TRAIL BOURGAULT MARY JANE BRENNAN JACQUELINE NANCY GRAYTON BEACH, FL 32459 555 E DURANT AVE #4J ASPEN, CO 81611 31 TRAINORS LANDING ASPEN, CO 81611 BRIGHT GALEN BRITTON CARI BRUMDER PHILIP G & ASMUTH 407 S HUNTER ST #3 PO BOX 12131 ANTHONY ASPEN, CO 81611 ASPEN, CO 81612 QUARLES & BRADY C/O 411 E WISCONSIN AVE STE 2500 MILWAUKEE, WI 53202 BUSH STEVEN S CABELL JOE CAIN DOUGLAS M 0046 HEATHER LN C/O CHARTHOUSE CAIN CONSTANCE MOFFIT TRUSTEES ASPEN, CO 81611 1765 ALA MOANA BLVD 1960 HUDSON ST HONOLULU, HI 96815 DENVER, CO 80220 CALKINS GEORGE W CASPER MARY LYNN CHAPIN ANZLE TRUST 105 S CHEROKEE DENVER, CO 80223-1834 124 E DURANT #4 1887 STILLWATER ST ASPEN, CO 81611 ST PAUL, MN 55110-8507 CHAPLIN ARLENE & WAYNE CHIATE PROPERTIES LLC CHRISTENSEN CINDY 54 LAGORCE CIR 20628 ROCKCROFT DR 109 JUAN ST MIAMI BEACH, FL 33141 MALIBU, CA 90265-5342 ASPEN, CO 81611 CHU FAMILY TRUST 2/3 INT LU NANCY CHAO TRUST 1/3 INT CITY OF ASPEN CROW MARGERY K & PETER D 38 CORMORANT CIR 130 S GALENA ST 46103 HIGHWAY 6 & 24 NEWPORT BEACH, CA 92660 ASPEN, CO 81611 GLENWOOD SPRINGS, CO 81601 T ajnjeoi laad Ase3 j01 jaded paaJT p09LS 31V1dW31®AljanV asn ®09Ls@AU3Ad� Tiaaus uoipnjisul aas a� ! IYJ �d s!a9el laad Ase3 MOAV-09-008-L uogpnRsul,p 3uaLuaFuega ap sues 009LS @AH3Atl 3!iege6 al zasligD wortiane AWM apma; el zal!nste, v waled a saloej sauanbg3 CYS RICHARD LAND KAREN L 5301 CHAMBERLIN AVE CHEVY CHASE, MD 20815 DOLINSEK JOHN 619 S MONARCH ST ASPEN, CO 81611 EAST JAMES COLLIER TRUSTEE 5800 R ST LITTLE ROCK, AR 72207 ELLIS PAUL DAVID 100 E DEAN ST #2F ASPEN, CO 81611 FALL CREEK CONSTRUCTION LLC 809 S ASPEN ST ASPEN, CO 81611 FAULKNER JOHN L 2433 ROCKINGHAM ST ARLINGTON, VA 22207 FREIRICH MARK A PO BOX 774056 STEAMBOAT SPRINGS, CO 80477 GILBERT DONALD C 2004 TRUST 67 TURTLE BACK RD S NEW CANAAN, CT 06840 GLICKMAN EDWIN C 2322 LAZY 0 RD SNOWMASS, CO 81654 GREINER JERRY M GREINER TERESA U 330 BICKLEY RD GLENSIDE,PA 19038 CZAJKOWSKI MICHAEL CZAJKOW SKI SANDRA J 90 LA SALLE ST APT 16G NEW YORK, NY 10027 DONCERJOYCETRUST 7641 W 123RD PL PALOS HEIGHTS, IL 60463 ELDER TRUST ELDER JERRY TRUSTEE PO BOX 308 LA JOLLA, CA 92038-0308 ETKIN DOUGLAS M & JUDITH G 29100 NORTHWESTERN HWY STE 200 SOUTHFIELD, MI 48034 FARINO CAROL PO BOX 10421 ASPEN, CO 81612 FELDMAN SELMA 300 S POINTE DR APT 2403 MIAMI BEACH, FL 33139-7329 FRIEDKIN THOMAS H PO BOX 4718 HOUSTON, TX 77210-4718 DAVIS CAROL L 7838 HILLMONT ST HOUSTON, TX 77040-6108 DUNN STEVEN G 107 JUAN ST ASPEN, CO 81611 ELLIS JAMES BYRON 171/2 FLEET ST MARINA DEL REY, CA 90292 EVANS DAVID COURTNEY PO BOX 952 ASPEN, CO 81612 FARR BRUCE K & GAIL H PO BOX 5142 ASPEN, CO 81612 FLETCHER KAREN K & JAY R PO BOX 3476 ASPEN, CO 81612 GARMISCH LLC C/O MIE PROPERTIES 2560 LORD BALTIMORE DR WINDSOR MILL, MD 21244 GILLESPIE JOHN E REVOCABLE TRUST GINSBURG,ANNE C & ROBERT B 775 GULFSHORE DR #4219 7933 YORKSHIRE CT DESTIN, FL 32541 ,--BOCA RATON, FL 33496-1323 GOLDSMITH ADAM 1) PO BOX 9069 ASPEN, CO 81612 GROOS NICHOLAS D 210 N INDUSTRIAL PARK RD HASTINGS, MI 49058 GRANT BROTHERS LLP 436 COFFMAN STE 200 PO BOX 908 LONGMONT. CO 80502-0908 HANG TEN ADVENTURE 809 S ASPEN ST #2 ASPEN, CO 81611 T ���-/�[-�� Tain;eaj laad 6se3 ao} waded PaajT ®09LS 31V1dMl@fuaAv as0 o09LspAU3AVn j�� 1laauc uoinnnsm aac — ! M7 s!agel laad Ase3 A113AV-09.008-L uo.[PMsul,p wmASBAWA M apma; el za;ln-" HARVEY JEFFREY & NANCY 711 S DEARBORN ST-#507 CHICAGO, IL 60605 HEIMANN GEORGE R 100 E DEAN ST #2E ASPEN, CO 81611-1967 HILL EUGENE D III & JOAN L TRUST 3 AVALON AVE P 0 BOX 129 PRIDES CROSSING, MA 01965 HOTEL DURANT 122 E DURANT ASPEN, CO 81611 IMHOF FAMILY TRUST 2409 GREEN ST SAN FRANCISCO, CA 94123 JAMES FAMILY TRUST 1/4 INT 1 CASTLEWOOD CT NASHVILLE, TN 372154617 JUAN STREET HOA 119 JUAN ST ASPEN, CO 81611 KAUFMAN STEVEN 0554 ESCALANTE CARBONDALE, CO 81623 KULLGREN NANCYA 205 E DURANT AVE UNIT 2-C ASPEN, CO 81611 LCH LLC CIO TOM DIVENERE 124 ANNAPOLIS LN PONTE VEDRA, FL 32082 1uaujaWeLp ap suas 009LS @A83AV 31iege6 ai zasip3D salad a soloe; souonbl;3 HATCHER HUGH S HEIM WILLIAM D 205 E DURANT AVE APT 2E 124 E DURANT AVE APT 1 ASPEN, CO 81611 ASPEN, CO 81611-1769 HENDERSON BROTHERS LLC PO BOX 407 TROY. AL 36081 HINES TOM & CAROLYN 21 TRAINORS LNDG ASPEN, CO 81611-1652 IAVARONE GIANFRANCO & RITA 341 ORIENTA AVE MAMORONECK, NY 10543 IMREM SUE GORDON TRUSTEE 219 E LAKE SHORE DR #51D CHICAGO, IL 60611 JOHNSON KERRI & DEREK 117 JUAN ST #1 ASPEN, CO 81611 KABERT INDUSTRIES INC PO BOX 6270 VILLA PARK, IL 60181 KINGSBURY FAMILY TRUST PO BOX 198 HOLDERNESS, NH 03245 LACY ROANE M JR PO BOX 367 WACO, TX 76703-0367 LEONARD-PECK SHEILA KATHRYN RR 1 PO BOX 375-P VINEYARD HAVEN, MA 02568 HENRY WAYNE SCOTT PO BOX 2383 GRAPEVINE, TX 76099 HORTON KAREN JANE TRUST 588 S PONTIAC WAY DENVER, CO 80224 ICAHN LIBA PO BOX 11137 ASPEN, CO 81612-9627 J&E HANSEN LLC C/O EDWARD HANSEN 204 E DURANT AVE ASPEN, CO 81611 JOHNSTON MARGARET S 9.87% 30 DEXTER ST DENVER, CO 80220 KAPLAN BARBARA 3076 EDGEWOOD RD PEPPER PIKE, OH 44124 KLINDWORTH J TODD & HEATHER ISO BOX 25318 ST CROIX, VI 00824 LARKIN THOMAS J & MARYANN K 1 SHELDRAKE LN PALM BEACH GARDENS, FL 33418-6820 LEVY HELEN JOAN TRUST 421 WARWICKRD KENILWORTH, IL 60043-1145 T Taanlead lead Ase3 jo; waded paajT *rl p09LS 31VIdW31®NanV asn ®09LSpJ��'3/F,d 1 J ! iaauc uoinnnsui aac ono ! slagel laad Ase3 .4113AV-OD-008-L W0rlu0ne"MMM uo!17nnsu!,p alllna} el zazlnsv " luauma6aelp op suas 7 009LS ,AH3AV aliege6 al zosgl3D jaled a salpe; sawnbg3 LEVY HYMAN & GAIL PO BOX 1365 BOCA RATON, FL 33429-1365 LIFT ONE LLC 72.40% 24 LINDENWOOD LN LITTLETON, CO 80127 MACDONALD KENNETH HUGH REV TRUST . 44 W HANNUM SAGINAW, MI 48602 MAGES LAW RENCE M & MARY K 84% 216 LINDEN AVE WILMETTE, IL 60091 MCCONNELL THOMAS W & KAY L 3814 OAKHILLS BLOOMFIELD HILLS, MI 48301 MONIGLE ETHEL M 803 S GARFIELD ST DENVER, CO 80209 MULKEY DAVID A DR TRUSTEE 2860 AUGUSTA DR LAS VEGAS, NV 89109 NOREN LARA L & STEPHEN C 10927 BRIGANTINE DR INDIANAPOLIS, IN 46256-9544 OLSON PAUL S & DIANE C PO BOX 128 BRECKENRIDGE, CO 80424 PASCO PROP LLC SMITH PATRICK A PO BOX 850 ASPEN, CO 81612 LIBMAN KENNETH J 800 S MONARCH ST #4 ASPEN, CO 81611 LOCHHEAD RAYMOND R & EMILIE M 200 SHERWOOD RD PASO ROBLES, CA 93446 MACGREGOR ROBERT DUNCAN 1315 SAGE CT ASPEN, CO 81611 MCCALL CAROLYN E 100 E DEAN ST #1 E ASPEN, CO 81611 MCKENZIE BART B & PAIGE PARAVANO 4840 30TH ST NORTH ARLINGTON, VA 22207-2716 MOORE JOHN W 50% 10426 WHITEBRIDGE LN ST LOUIS, MO 63141 MURRAY DENIS PO BOX 3770 ASPEN, CO 81612 LIFT ONE CONDOMINIUM ASSOC 131 E DURANT AVE ASPEN, CO 81611 LUNDHOLM KERSTIN M 115 JUAN ST ASPEN, CO 81611 MACHUCA YANIRA R FUNES 11 TRAINORS LANDING ASPEN, CO 81611 MCCARTNEY BRENDA DAHL 113 JUAN ST ASPEN, CO 81611 MENDEL M MARK MENDEL GRACE A - JT TENANTS 1620 LOCUST ST PHILADELPHIA, PA 19103 j MORGAN MICHAEL L 115 JUAN ST ASPEN, CO 81611 NORTH LAUDERDALE PETROLEUM LLC 6318 NW 23RD ST BOCA RATON. FL 33434 ONEAL PROPERTIES LLC 8100 E CAMELBACK RD #31 SCOTTSDALE, AZ 85251-2773 PIECE OF THE PIE LLC PO BOX 2492 ASPEN, CO 81611 NOBLE GUY T PO BOX 9344 ASPEN, CO 81612 NORTHCUTT BARRY & JENNIFER 1905 MISSION HILLS CIR EDMOND, OK 73003 ONEILL ROGER PO BOX 711 LAKE GENEVA, WI 53147-3579 PINES LODGE CONDO ASSOC 152 E DURANT AVE ASPEN, CO 81611 alnlea3 laad Meg 101 waded PaaJT !� q @091S 31V1dW31 �a^V asn T ®09LSOAM3ffif T�d laaUS uoipmisul aes ��slage31aad Ase3 .AWAV-09.008-1 w03-fU0AB' WM uo!pna;sui,p alma; el zallnsie"' ..r PINES LODGE DEVELOPMENT LLC 2353 IRVINE AVE NEWPORT BEACH, CA 92660 luawa6iega ap suas @09L5 AM3AV jIjege6 al zaslmn ♦ jolad a same; sallanbl43 PLEAS ALEXA RINGSBY GRAY 279 GRAYTON TRAIL PO BOX 1292 GRAYTON BEACH, FL 32459 HAIKU, HI 96708 ROARING FORK MTN LODGE ASPEN LLC ROARING FORK PROPERTIES TWO CREEKS BLDG C/O HOWARD A WILL JR 0021 BURNT MTN CIR 5055 26TH AVE SNOWMASS VILLAGE, CO 81615 ROCKFORD, IL 61109 ROBLES ENRIQUE ALVAREZ ALVAREZ CRISTINA MONTES URALES 350 LOMAS CHAPULTEPEC MEXICO DF MEXICO, 11000 RYAN ELIZABETH H 1/2 INT COPE G RICHARD & NANCY M 1/2 INT 419 WINNEBAGO DR JANESVILLE, WI 53545 SCHAINUCK LEWIS I & MICHELLE T 2900 OCEAN BLVD CORONA DE MAR, CA 92625 SCHERER ROBERT P III 217 GOLDENROD AVE CORONA DEL MAR, CA 92625 SETZLER ALEX 100 E DEAN ST UNIT 2C ASPEN, CO 81611-1957 SHEFFER BARBARA & DOUGLAS PO BOX 250 ASPEN. CO 81612 SILVERMAN MARC A & MARILYN L 937 DALE RD MEADOWBROOK, PA 19046 SLOAN SUSAN MARIE 500 S ORANGE AVE SARASOTA, FL 34236 ROSE JON E ROSE RITA L 303 MAGNOLIA LAKE DR LONGWOOD, FL 32779 S C JOHNSON AND SON INC TAX DEPT 412 1525 HOWE ST RACINE, WI 53403 SCHAPIRO MARC & PATRICIA 1685 TAMARAC DR GOLDEN, CO 80401 SCHROEDER C M JR SCHROEDER BETTY ANN 3629 ROCKBRIDGE RD COLUMBIA, SC 29206 SEVERY REV TRUST 70.39% 30 DEXTER ST DENVER, CO 80220 SHENK ROBERT D 290 HWY 133 CARBONDALE, CO 81623-1530 SIMON HERBERT REV TRUST 8765 PINE RIDGE DR INDIANAPOLIS, IN 46260-1778 SM-15 SEELBACH WILLIA - C/O 45000 S WOODLAND CHAGRIN FALLS, OH 44022 ROBERT FAMILY TRUST 1/4 INT 771 FERST DR ATLANTA, GA 30332-0245 RUDERMAN ERIC P & MIMI E 1536 OGDEN ST DENVER, CO 80218-1406 SALITERMAN LARRY & NANCY 603 S GRAMISH ASPEN, CO 81611 SCHAYER CHARLES M III 588 S PONTIAC WAY DENVER, CO 80224 SEMRAU TIMOTHY & HEIDI ROBBIN 58 TRAINORS LANDING RD ASPEN, CO 81611 SHADOW MTN AERIE PTNRSHP LLP C/O ARTHUR J & PAMELA T WASHINGTON 21 BRIARCLIFF RD LARCHMONT, NY 10538 SHINE FAMILY LLC 8677 LOGO 7 COURT INDIANAPOLIS, IN 46219-1430 SKY BLUE LLC 27.60% 5743 CORSA AVE # 101 WESTLAKE VILLAGE, CA 91362 SMITH RONA K 1742 HILLSIDE RD STEVENSON, MD 21153 T �q T j l d 3 1 jaded paajT p09Ls 31V1dW31®6janV asn ®09LS®AU3AVV% LoJll �J am;ea as Fse jo _ an ! iaauc uoannnsw aac ® ! 117 sloqul laad Ase3 A713AV-09-008-1 uo.pru}sul,p 009L5 @AUaAV 3pege6 al zaslp;D ;uawa6jey:) ap suas worAme mimes alllna; el za;lnsue v salad a same} saganbp; SOUTH POINT CONDOMINIUM SOLONDZ TAMI S SOUTH POINT CONDO LLC ASSOCIATION PO BOX 2829 150 N MARKET 205E #2F ASPEN, CO 81612 WICHITA, KS 67202 O 88161111 1 ASPEN,, CCO SPAULDING RICHARD W STANTON JAMES SOUTHPOINT-SUMNER CORP THOMPSON ELEANOR M C/O WORLD-WIDE HOLDINGS CORP 4828 FORT SUMNER DR PO BOX 278 150 E 58TH ST BETHESDA, MD 20816 CONCORD, MA 01742-0278 NEW YORK, NY 10155 STARK RENEE A STEINER DONALD R STEWART SCOTT 205 E DURANT AVE APT 1D BUCKHEAD GRAND 4710 PLAINFIELD CT ASPEN, CO 81611-3813 3338 PEACHTREE RD #3307 MIDDLETON, WI 53562 ATLANTA, GA 30326 STRAWBRIDGE GEORGE JR STUART FAMILY TRUST 1/4 INT SZYMANSKI WILLIAM R & LYNNE E 3801 KENNETT PKE BLDG #B-100 1 CASTLEWOOD CT 2220 E SILVER PALM RD WILMINGTON, DE 19807 NASHVILLE, TN 37215-4617 BOCA RATON, FL 33432 TAROCH HOLDINGS LTD TAYLOR HARVEY C TELEMARK APARTMENT 2 LLC C/O PATRICK D MCALLISTER PC W 301 N 9430 HWY E 2422 UNION ST 315 E HYMAN AVE #305 HARTLAND, WI 53029 SAN FRANCISCO, CA 94123 ASPEN, CO 81611-2909 TELEMARK ASPEN LLC THREE REEDS LLC TOLLEFSON JON S & JOANN M 55 SECOND ST 2224 VIA SEVILLE RD NW 38 TRAINORS LANDING COLORADO SPRINGS, CO 80906 ALBUQUERQUE, NM 87104-3096 ASPEN, CO 81611 TOWNE PLACE OF ASPEN CONDO TUCKER TIMOTHY H & PATRICIA A ASSOC INC TRAINORS LANDING CONDO ASSOC 809 S ASPEN ST C/O ASPEN LODGING COMPANY COMMON AREA EXEMPT ASPEN, CO 81611 747 S GALENA ST ASPEN, CO 81611 TYDEN FAMILY FARMS PTNP UHLFELDER FAMILY INVESTMENTS VANDER WALL DEAN ROBERT & 1730 IROQUOIS TR RLLP BEVERLY J HASTINGS, MI 49058 210 AABC STE AA PO BOX 189 ASPEN, CO 81611 LONE PINE, CA 93545 WHITE JALEH VANTONGEREN HAROLD V & LIDIA M WALDRON GAILYN L TRUSTEE THIID 2000 E 12TH AVE BOX 8 PO BOX 7964 152E A 152 E D R NT AVEDENVER, CO 80206 ASPEN, CO 81612 , CO 81 ASPEN, CO 81611-1737 WOLF FAMILY TRUST 12/23/1986 WOODING MERRITT B WOODSON TATJANA D 1221 MYRTLE AVE PO BOX 339 PO BOX 125 SAN DIEGO, CA 92103 HOPE, NJ 07844 TETON VILLAGE, WY 83025 ain;ead laad 6se3 �o} jaded paadT ®0915 31V1dW31®/UaAV as0 T ®09L5®J121�F/� ol T slage-i laad Ase3 ;aay5 uol;3ni;sul aa5 VJ AH3AV-09-000-L uo!pngsul,p luawa61eg1 ep suas ®09L5 ®AH3Ab'41jege6 al zosilm wm hJane nnnAM alllna; el zallnv'•e ♦ jalad a same; sananbn3 WOW LIFT ONE LLC WRIGHT LISA WUGALTER JOEL C/O WARSTLER ROBERT T PO BOX 3770 3200 N OCEAN BLVD #909 10 WINDJAMMER LN ASPEN, CO 81612 FT LAUDERDALE, FL 33308 MT ARLINGTON, NJ 07856 Talnlead Pad Rse3101 laded PaajT @09LS 31VIdW31 pAjanV asn T slagel laad Ase3 ®09 Ls@ A�j�3Ay f � ! leauc uoipnnsul oas ! ♦U rr,y EXHIBIT s ORDINANCE N0.32 (SERIES OF 2003) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE SOUTH ASPEN STREET SUBDIVISION/PUD AND FINAL PLANNED UNIT DEVELOPMENT PLAN INCLUDING SUBDIVISION, GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS FOR AFFORDABLE IIOUSING AND RECONSTRUCTION Of A DEMOLISHED MULTI -FAMILY BUILDING, REZONING TO 111-11 WITH A PUD OVERLAY, AND A SPECIAL REVIEW TO ESTABLIS11 T111S AFFORDABLE HOUSING PARKING REQUIREMENTS FOR TTIE PROPERTY TO BE DESCRIBED AS PARCELS I, 2, AND 3, OF TILE SOUTH ASPEN STREET SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-131-13-001(Parcel 1) Parcel No. 2735-01-14-003 (Parcel 2) Parcel No. 2735-131-23-001(Parcel 3) WHEREAS, the Community Development Department received an application from Aspen Land Fund H, LLC, owner, represented by Vann Associates, LLC, requesting approval of a Final Planned Unit Development Plan including requests for Subdivision, Growth Management Quota System (GMQS) Exemptions for Affordable Housing and reconstruction of a demolished multi -family building, Rezoning to LIR, and Special Review to establish the off-street parking requirements for the property described as, Parcel 1: Block 6 of the Eames Addition to the City and Townsite of Aspen, Parcel 2: Lots 7-12, Block 11, Eames Addition to the City and Townsite of Aspen, Parcel 3: Lots 13-20, Block 11, Eames Addition to the City and Townsite of Aspen; and, WHEREAS, the development property consists of three (3) parcels zoned LITR and R-15 with a Lodge and PUD Overlay; and, WHEREAS, pursuant to Land Use Code Section 26.310, Map and Text Amendments; Section 26.445, Planned Unit Development; Section 26.470, Growth Management Quota System; Section 26.480, Subdivision; the City Council may approve, approve with conditions, or deny the land use requests made by the Applicant during a duly noticed public hearing after taking and considering comments. from the general public, and recommendations from the Planning and Zoning Commission, Community Development Director, and relevant referral agencies; and, WHEREAS, the Community Development Director has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein and recommended approval with conditions; and, 5 111III �6III �II�II IIIIII III lilll IIIIIII III �Iill IIII li�l 0 8�4 of 1 0 0010.49A WHEREAS, during a duly noticed public hearing on June 3, 2003, the Planning and Zoning Commission approved Resolution No, 14, Series of 2003 by a three to zero (3-0) vote, recommending that City Council approve the proposal with conditions; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the reconlniendation of the Planning and Zoning Commission, the Conurlunily Dcvclopnlenl. Dircclor, the Aspcn/Piticin County IInusing Authority, the applicable referral aguiciea, and has takcu and ennsidcrod public conuncnl at a public licaring; and, W11EREAS, the City Council finds that the development proposal ntculs or exceeds all applicable devcloplllcnl standards and Illat the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspcn Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby rezones Parcel 2, and a portion of Parcel 3, of the South Aspen Street Subdivision/PUD, City and Townsite of Aspen, to L/TR (Lodge/Tourist Residential) and rezoned Parcels 1, 2, and 3 of the South Aspen Street Subdivision/PUD with a Planned Unit Development (PUD) overlay. Section 2 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves the South Aspen Street Final PUD Plan, which includes application for Final PUD, Subdivision, Growth Management Quota System Exemptions (GMQS) for Affordable Housing and for the reconstruction of the multi -family building to be demolished (Mine Dump Apartments), and for Special Review to establish the off- street parking requirements for the development of fourteen (14) free market town homes and seventeen (17) affordable housing units subject to the following conditions: A Subdivision/PUD Agreement shall be recorded at the Pitkin County Clerk and Recorder's Office within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Land Use Code Section 26.445.070(C). III IIIIIIII �IIIIIIIIIII�II IIIII I��IIII iII �IIII II II�il.00Page. 2 081 8 04/20 a01o'.49A SILL IR DRVIS PITKIN '_OUNTY CO A Final PUD Plan and Subdivision Plat shall be recorded at the Pitkin County Clerk and Recorder's Office within 180 days of the fmal approval granted by City Council and shall include: a. A final plat meeting the requirements of the Community Development Engineer and showing easements, encroachment agreements and licenses with reception numbers For physical improvements, and Lhe location or ullllty pedestals. b. An illuslrativc site plau orlhc pro ject showing the propuscd improvements, landscaping (including all plantings, species, numbers, and locations), parking, and the dimensional requirements as approved. C. A drawin re resenting the project's architectural character. d, revised drainage plan and re rt, including an erosion control plan, shall be r a Colorado licensed Civil Engineer, in w c wells will only be allowed to handle runoff from foundation drains, parking garage ramps, and roof drains. All other runoff shall be directed towards the City's storm water system. e. revised infrastructure plan mdicating that all road mprovements shall b ned. The plan shall also indicate that there s e no super -elevated curves permitted. Juan Street and South Garmisch Street (to the extent of Parcel 1's street frontage) shall be widened to 27 feet as measured from the outer edges of the curbs. The minimum slope of Juan Street shall be .75%. 3. The following dimensional requirements of the PUD are approved and shall be printed on the Final Illustrative Plan: Dimensional Proposed Development -Requirement Minimum Lot Size 6,000 sf. Lot Area Per Dwelling Unit 1,100 sf. per bedroom (81 bedrooms on 89,127 sf of lot area that applies to density calculations) Minimum Lot Width 60 feet Front Yard Setback 10 ft. per parcel Side Yard Setback 5 ft. per parcel Rear Yard Setback 10 ft. per parcel Maximum Height 1 28 feet except where deed restricted Percent of Open Space 1 27% (cumulative over all 3 parcels) 'JIIIIIVIIIQIIIIYIItlllll61111!IIIIII �P` :i •.. ...:_...._.... ......... Allowable External FAR .83:1 (73,381 sf cumulative over all three parcels) AH Off -Street Parking 30 Parking Spaces (2 spaces for each dwelling unit of 2 or more bedrooms, and 1 space for each one bedroom and studio unit)(cumulative over all threeparcels) Free Market Off-Sh-eel. 28 Parking Spaces (2 spaces for each dwelling Parking unit, of 2 or more hcdroonts, and I space flor uach one balroont Mud studio nnit)(cnnndalivc over all thruc I al'ccls) 4. The building permit application shall include the following: a. A copy of the final recorded Ordinance. b. The conditions of approval printed on the cover page of the building permit set. C. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off - site replacement or mitigation of any removed trees. C. A detailed ventilation plan of the parking garage ventilation system prepared by an engineer that specializes in the design of ventilation and heating systems. f. A fugitive dust control plan which includes proposed construction fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads, construction speed limits, and other measures necessary to prevent windblown dust from crossing the property line. 2 A letter from the primary contractor to the Community Development Director stating that the conditions of approval have been read and are understood. h. All tap fees, impacts fees, and building permit fees shall be paid prior to building permit issuance. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. i. A State of Colorado Storm Water Management (Erosion Control) Permit because the land area of the development is over an acre. j. A PM-10 mitigation plan for review and approval by the Environmental Health Department or a cash -in -lieu payment in the amount to be calculated by the City Environmental Health age: 4 f 10 5R R 51.00. u 0.09 Director that is to be used entirely to implement PM-10 reduction methods. 5. The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. on Monday thru Saturday. The Applicant shall agree that there will he no construction material or dumpstcrs slored on the public rights -of -way Unless ,t temporary encroachincnt. license is granted by the Cily Engineer. In addition, the Applicant shall submit a full scl ol'construcHou managcmu t plans as part of the building permit application, and the management plans shall Include a noise, dust control, and construction traffic and construction parking management plan which addresses, at a minimum, the following issues: a. Defining the construction debris hauling routes and associated impacts on local streets; and, b. Construction parking mitigation, except for essential trade trucks, no other personal trucks are to be parked in the area around the site. The city encourages that site workers be shuttled in from the airport parking area. The Applicant shall complete (prior to any of the remodel work, including removal of drywall, carpet, tile, etc.,) the Building Department's asbestos checklist, and if necessary, a person licensed by the State to do asbestos inspections must conduct an inspection. The Building Department cannot sign any building permits until they get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it in accordance with the applicable regulations. 8. The Applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 9. The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. The Applicant shall enter into a Water Service agreement. 10. The Applicants shall at their sole expense install a new eight (8) inch water line within South Garmisch Street and Juan Street. In addition, the Applicant shall abandon the existing six (6) inch water line that exists in South Garmisch and Juan Street. The point of beginning for the main replacement on South Garmisch Street shall be the existing valve complex (serving the Barbee PUD) north of the intersection of Dean and Garmisch. 486407 I��IlIEi llllllll�3l� 11I1111#1111 IItt'l'l'111 % .-ZO03 =G This is approximately 80 feet further north of the point of beginning shown on the schematic utility plan dated June 21, 2002, 11. The Applicant shall also schedule the abandonment of the existing water taps prior to applying for new water taps. 12. The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. If new sewer lines are required, then the existing suvicu must be excavated and disconnected at the main sewer line. No clear water connections (root, foundation, pert meter drains) Shall be allowed to drain to ACSD lines. All improvements below grade shall require the use of a pumping station. The Applicant shall install an oil and sand separator in the parking garage that meets the Aspen Sanitation District's standards. In addition, the Applicant shall enter into a shared service agreement if more than one unit is served by a single service line. 13. Elevator shaft drains shall flow thru an oil and sand interceptor. 14. The Applicant shall fund proportionate costs associated with the development for the replacement. of the main sanitary sewer lines located in S. Aspen Street, Dean Street, and near the Post Office. 15. The Applicant shall enter into a main line extension and collection system agreement with the Aspen Consolidated Sanitation District prior to applying for building permits for the development. 16. In the event that snowmelt is installed, the Glycol containment areas must be approved by the Aspen Consolidated Sanitation District prior to issuance of a Certificate of Occupancy on any of the units within the development 17. The Applicant shall at their sole expense replace the existing substandard sewer line located in the alley of Block 61 between S. Garmisch and First Street in First Street. 18, The Applicant shall extend the existing storm water sewers south on both S. Aspen Street and S. Garmisch Street as far as Dean Avenue. Additionally, the Applicant shall extend the existing storm sewers to the Dean Avenue/ S. Aspen Street intersection and to the Dean Avenue, S. Gannisch Street intersection. As required by the City Engineering Department, catch basins shall be installed at these intersections. 19. All landscaping in the public right-of-way shall meet the requirements as set forth in Municipal Code Chapter 21 20, Trees and Landscaping on Public Right -of -Way. Any landscaping in the public right-of-way shall be approved by the City Parks Department prior to installation. The I���»I 111111111111111 JEIliI I 111111111111111111 IilI6d�of 10 .. o Applicant shall also obtain a revocable encroachment license from the City Engineering Department prior to installation of any landscaping or improvements in the public right-of-way. All plantings along the edge of the subject properties or within the public right-of-way shall be of a size and a species that will not require major maintenance (pruning, trimming due to over growth) by the City or the developer. 20. All exterior lighting shall meet the City of Aspen Lighting Code requirements set Ibrfh in I.and IJsc Codc Suclinn 26.575.150, as may he amended from time to time. 21. The Applicant shall pay a proportional amount of the applicable school land dedication fees as determined by the City of Aspen Zoning Officer prior to building permit issuance on each of the units. 22. All affordable housing units to be constructed on Parcel 3 of the PUD shall obtain certificate of occupancies prior to the issuance of a certificate of occupancy on any of the free market units within the development. In addition, the free market units on Parcel 2 shall not be issued Certificates of Occupancy until all of the affordable housing units on Parcel 2 have received Certificates of Occupancy. The free market units on Parcel I shall also not be issued Certificates of Occupancy until the affordable housing units on Parcel 1 have received Certificates of Occupancy. 23. The Applicant shall convey an undivided fractional interest (one tenth of one percent) in the ownership of the deed restricted employee housing units to the Aspen/Pitkin County Housing Authority for the purpose of complying with the Colorado Supreme Court Decision regarding rent control legislation. The deed of conveyance shall contain such terms and conditions that are mutually acceptable to the City and the Applicant. To satisfy the rent control issue, the Applicant may submit an alternative option acceptable to the City Attorney. 24. The Applicant shall indemnify and hold harmless the Aspen/Pitkin County Housing Authority and the City of Aspen from any claims, liability, fees or similar charges related to ownership in the deed restricted affordable housing units. 25. The mix of affordable housing categories shall be as follows: 2-1 Bedroom Category I Units 2-1 Bedroom Category 2 Units 2-3 Bedroom Category 1 Units 7-3 Bedroom Category 2 Units 4-3 Bedroom Category 3 Units 7 !� �IIIIIIIil�ll�illlllillllll�l 0 B64°00.ao 0t 490 co R 5 26. The deed restrictions on the affordable housing units on a given parcel shall be filed in conjunction with an application to condominiumize the free market units but prior to issuance of a Certificate of Occupancy on any of the units on said parcel..-. The deed restrictions shall meet the following: a. The deed restrictions on the affordable housing units shall be defined by the rental price terms in the Aspen/Pitkin County Affordable Housing Guidelines in affect at the time of Dina] NJI) approval. 27. The Applicant shall record a housing replacement agreement which sets forth the terms and conditions by which the replacement housing will be provided prior to demolishing the Mine Dump Apartments. 28. The most recent tenants of the Mine Dump Apartments who meet the Affordable Housing Guidelines for the proposed units shall be granted first priority through an internal lottery at the time of the initial rental of the replacement affordable housing units. 29. The Applicant shall erect signage and install pavement marking on Tuan Street that prohibits on -street parking. 30. The Applicant or their successors or assigns shall maintain the common driveway between Parcels 2 and 3. . 31. The Applicant shall install an adequate fire alarm system throughout the development as determined by the Fire Marshal. The Applicant shall also install fire sprinkler systems and fire extinguishers that meet the requirements of the Fire Marshal. The Applicant shall meet with the Fire Marshal prior to building permit issuance to review alarms and sprinkler system plans. 32. Soil nails shall not be allowed within or under the public right-of-way. 33. The Applicant shall submit financial assurance in an amount and form acceptable to the City Engineer for excavation in the public right-of-way. 34. The Applicant shall provide a form of mitigation approved by the City Engineer for increased vehicular traffic on South Aspen Street, causing a revocation of the road's 15-year pavement warranty that results from accelerated road deterioration. The Applicant shall be proportionately reimbursed by future developments that cause a substantial increase in vehicle trips on the portion of South Aspen Street that is subject to the 15- year pavement warranty. ! III I'! IIIIII! fl It lilII��Iill IIIICI! ! a�E z°g °1:u,Al! 35. The Applicant shall provide a twenty-five (25) foot wide improved public access way with drive -on, slanted -face curbs and a stabilized shoulder on Dean Avenue for vehicular access into Parcel 1's affordable housing units. 36. The City Engineering Department recommends that the Applicants obtain flood insurance for the proposed units if available. 37. 'file Applicant shall install tree saving construction fences around the drip line ol'any trees to be saved. a. The City Forester or his/hcr designee must inspect [his Icnce before any construction activities commence. b. No excavation, storage of materials, storage of construction equipment, construction backfill, foot or vehicular traffic shall be allowed within the fenced drip line. 38. A native vegetation protection fence shall be installed on the western property boundary of Parcels 1 and 2 between Parcels 1 and 2 and the Barbee Family Subdivision Property. The fence shall be installed and inspected by a City of Aspen Parks Department Representative prior to construction. There shall be no storage of construction materials, back fill, tools, or construction traffic beyond this protective fence. There also shall be no excavation or disturbance of the native area beyond this protective fence. 39. The Applicant or their successors or assigns shall maintain the Open Space on the site including the Park proposed on Parcel 1. 40. Pet waste stations shall be installed in the Park. Section 3• This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4: If any section subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A public hearing on the ordinance shall be held on the 28th day of July, 2003, in the City Council Chambers, Aspen City Hall, Aspen., Colorado. IIII!I�IIIIIIII�i���1���!�III�I��!�I�IIIIIIIIII048640 z®� a _. ..._ D,Tsru COUNTY co INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 23rd day of June, 2003. I le en Kau I e e I ayor — Attest: I Kathryn S. !�9 h, City Clerk FINALLY, adopted, passed and approved by a vote of three to zero (3-0), this 28th day of July 2003. Attest: Kathryn S. K,9h, City Clerk Approved as to form: d 4Z.fz- John P. Wor, estf er, City Attorney IIIIIIIIlIII�IIIIIII�IIlIIIIIIIIIIIIIIIIIII�IIIIIIII�II04864071 0 120 0011:49A SILVIP DRVIS PITKIN COUNTY CO 0 EXHIBIT s March 5, 2007 Ms. Joyce Allgaier Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Allgaier: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our application to extend the vested rights period for the South Aspen Street Subdivision/PUD. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Yours truly, ASPEN LAND FUND, LLC a Colorado limited liability company c:\oldc\bus\city.Itr\ltr45303.jaI