HomeMy WebLinkAboutLand Use Case.501 W Hopkins Ave.0019.2009.ASLUTHE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER
0019.2009.ASLU
PARCEL ID NUMBER
PROJECTS ADDRESS
PLANNER
CASE DESCRIPTION
REPRESENTATIVE
DATE OF FINAL ACTION
CLOSED BY
2735 -124-66 -001
501 W. HOPKINS
BEN GAGNON
VESTED RIGHTS EXEMPTION
VANN & ASSOCIATES
4/27/09
Angela Scorey on 05/19/2009
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Permit Type aslu .Aspen Land Use Permit # 0019.2009.ASLU
Address Ol W HOPKINS AVE J AptfSuite
C[Y ASPEN state CO . Zip 81611 J __ _ ',
-Permit lnfwmatlon. ._. _..... _.... __.
Master Perms J Routing Queue sIu07 Appbed 03f 16f 2009 J
? ` Project J Status pending Approved ~-
Desuption LOT 1, BOOMERANG LOT SPLIT SUBDIVISION -VESTED RIGHTS EXEMPTION Issued ~-J
Final ~-
Submitted VANN ASSOCIATES Cbck' Running Days ~ ~ Expves 03f11f2010 J '.
- -Owner - _.. '.
Last Name HOPKINS LLC ~ First Name 306 5 HUNTER ST
ASPEN CO 81611
Phone ~-
rOwner Is Applicant? _ _ _
. _Applicant
Last Name VANN & ASSOCIATES J First Name ~_ 230 E HOPKINS AVE
ASPEN CO 61611 ~.
Phone (970) 925-6958 Cust # 25499 J
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LAND USE APPLICATION
APPLICANT:
Name: ~.~Y 1a~ ~~+ i~/~~ ~ /Ja~~ /r~ ~~~
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Location: ~' ~ ~'
(Indicate street address lot & block number le al descri lion where a pro 6;;._
ParcellD # (REOUIREDI ~~~~Z -GG-~~ ~~0~- ~~
Name: `-li}i'S//y/ '~I--XXi/"I i °'~ ~ ,c
Address: 8 ~~~ ~~ ~" • ~~ ~~~
Phone #: ~~' to ys$
PROJECT'
Name: ~~ ~~~~~.~lT'~-~/7/\//5/e~
Address: /~~/Q ~p ra
TYPE OF APPLICATION: (please check all that
Conditional Use
Special Review
Design Review Appeal
GMQS Allotment
GMQS Exemption
ESA - 8040 Greenline, Stream
Mazgin, Hallam Lake Bluff,
Mountain View Plane
Lot Split
Lot
^ Conceptual PUD
^ Final PUD (& PUD Amendment)
^ Conceptual SPA
^ Final SPA (& SPA Amendment)
^ Subdivision
^ Subdivision Exemption (includes
condominiumization)
^ Temporary Use
I-l TexdMan Amendment
^ Conceptual Historic Devt.
^ Final Historic Development
^ Minor Historic Devt.
^ Historic Demolition
^ Historic Designation
^ Small Lodge Conversion/
Expansion
Other: ~/E~i'~
PROPOSAL' (descripfion ofproposed buudmgs uses moamcanons eu:.l
Hav~you attached the following? ~~ D~~ $
~" P e-Application Conference Summary
[attachment #1, Signed Fee Agreement
N~ ^ response to Attachment #3, Dimensional Requirements Form
(~i "Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
EXHIBIT
8
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and ~',~~ ~~ /~/ 7~~~. ~'C
(hereinafter APPLICANT) AGREE AS FOLLOWS: ~~.~,,.,d
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1. Y APPLI ANT~u mitt d to CIT~a lic io~~ ``~ ~ 4`~/1
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(hereinafter, TIC PROJECT). ~ ` t '~/'v ~ 'y, i ,~~`~9
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2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of'' pyj~,~,%
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 agee 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 agees he will be benefited by retaining Beater cash liquidity and will make
additional payments upon notification by the CITY when they aze necessary as costs are incurred. CITY
agees it will be benefited through the Beater certainty of recovering its full costs to process
APPLICANT'S application.
4. CITY and APPLICANT further agee 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 fmdings for project consideration,
unless current billings aze paid in full prior to decision.
5. Therefore, APPLICANT agees that in consideration of the CITY's waiver of its right to
collect full fees prior to a determination of application 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 montlily
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 agees that failure to pay such
accrued costs shall be Bounds 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 APPLICANT
By:
Chris Bendon
Community Development Director
gasupport\forms\agrpayas.doc
11/30/04
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Billing Address and Telephone Number:
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VANN ASSOCIATES, LLC
Planning Consultants
March 16, 2009
HAND DELIVERED
Ms. 7ennifet Phelan
Aspen Community Development Department
130 South Galena Street
Aspen, CO 81611
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Re: Lot 1, Boomerang Lot Split Subdivision, Vested Rights Exemption
Dear Jennifer:
Please consider this letter an application for City Council approval of an exemption
from expiration of vested rights for Lot i of the Boomerang Lot Split Subdivision (see
Exhibit i, Pre-Application Conference Summary, attached hereto).
The application is submitted pursuant to Section 26.308.O10.B. of the Aspen Land
Use Regulations (the "Regulations") by 501 W. Hopkins, LLC (hereinafter "Appli-
cant"), the owner of the property (see Exhibit 2, Title Insurance Policy). Permission
for Vann Associates, LLC, Planning Consultants, to represent the Applicant is
attached as Exhibit 3. Aland use application form, an application fee agreement, and
list of property owners located within 300 feet of Lot 1 are attached as Exhibits 4, 5
and 6, respectively.
Background
On April 10, 2006, the City Council approved Ordinance No. 6 which rezoned a
parcel of land consisting of portions of Lots A through F, Block 32, City and
Township of Aspen, from R-15, Moderate-Density Residential to R-6, Medium-
Density Residential (see Exhibit 7). Ordinance No. 6 also granted subdivision
exemption approval to subdivide the property into two lots, which are depicted as
Lots 1 and 2 on the Boomerang Lot Split Subdivision Exemption Plat (see Exhibit 8).
A Subdivision Exemption Agreement for the Boomerang Lot Split Subdivision
memorializing the conditions of the rezoning and subdivision exemption approval was
recorded with the Pitkin County Clerk in June of 2006 (see Exhibit 9).
230 East Hopkins Ave. Aspen, Colorado 81611 970/925-6958 Fax 970/920-9310
Ms. Jennifer Phelan
March 16, 2009
Page 2
Ordinance No. 6 and the Subdivision Exemption Agreement permitted the construction
of one single-family residence on Lot 1 and two single-family residences and a duplex
on Lot 2. The duplex consisted of two attached accessory dwelling units which were
required as affordable housing mitigation for the subdivision's three, free mazket
single-family residences. An administrative growth management. quota system
approval was granted by the Community Development Department for the develop-
- ment of the three single-family residences as provided for in Section 26.470.060.2. of
the Regulations.
The duplex on Lot 2 containing the required accessory dwelling units was completed
in July of 2008. The two units have been deed restricted and sold in accordance with
the Aspen/Pitkin County Housing Authority's guidelines and are both presently
occupied by their owners. The two single-family residences on Lot 2 aze currently
under construction and are expected to be completed this summer. A building pernut
has been issued for the single-family residence on Lot 1. Micropiles have been
installed for soil stabilization purposes, and excavation of the basement was nearly
completion prior to the Applicant's decision to delay construction on the subdivision's
remaining single-family residence. The Boomerang Lot Split Subdivision's vested
rights status expires on April 28, 2009, or three years from the Community Develop-
ment Department's issuance of the Development Order for the project (see Exhibi[
10).
Vested Rights Exemption
Pursuant to Section 26.308.O10.B. of the Regulations, The City Council may by
resolution at a public hearing approve an exemption of the expiration of vested rights
for subdivisions composed of detached residential or duplex units. To obtain an
exemption, an application for exemption must be submitted prior to the third anniver-
sary of the effective date of the Development Order. In addition, the application must
demonstrate compliance with the following criteria.
1. Those conditions applied to a project at the time of final approval
that were to have been met as of the date of application for exemption have been
complied with; and
The applicable requirements of City Council Ordinance No. 6, Series of 2006
that were to have been met prior to the date of this application have been met. The
required subdivision exemption plat and agreement were recorded in 2006. The
requirements of the ordinance that were a prerequisite to issuance of building permits
~,.
. ...
Ms. Jennifer Phelan
Mazch 16, 2009
Page 3
(e.g., payment of applicable impact, park development and school land dedication
fees, etc.) for the two single-family residences and affordable housing duplex on Lot 2
were met as required. A determination of compliance with the City's residential
design standards was made for these units prior to building permit issuance, and the
units have been constructed consistent with their conditions of approval. A building
permit has also been issued for the remaining single-family residence on Lot 1 and all
requirements of the ordinance with respect thereto have also been met. The required
public trail easement on Lot 2 is depicted on the Subdivision Exemption Plat.
2. Any public, or private improvements that were required to be
installed by the applicant prior to construction of any dwelling unit have been
installed.
The only public improvement that was required to be installed by the Applicant
is curb and gutter along the property's West Hopkins Avenue frontage. Based on my
conversation with Brian Flynn of the City's Parks Department, the decision has
apparently been made to forego installation of curb and gutter in this location. A
similaz decision was also apparently made in connection with the development of the
adjacent Little Ajax affordable housing complex. Instead, a landscaped buffer with
street trees and a shallow drainage swale has been installed by the City between the
West Hopkins Avenue Trail and the edge of the existing street pavement. The
Applicant, however, will install curb and gutter prior to issuance of certificates of
occupancy for the two single-family residences on Lot 2 in the event required.
As discussed above, a building permit has been issued for the single-family residence
on Lot 1. All associated fees have been paid and development of the lot commenced
prior to the Applicant's decision to delay construction in light of the current economic
climate. Given the substantial costs involved in obtaining the building permit for Lot
1 (e.g., architectural fees, building permit fees, impact fees, etc.), and the fact that
the Applicant commenced construction in reliance thereon, a reasonable argument can
be made that the development rights for Lot 1 aze common law vested subject to the
conditions of the prior subdivision approval and the recorded Subdivision Exemption
Agreement.
Such vesting is further substantiated by the fact that all applicable conditions which
were required to be met prior to building permit issuance have been met including the
construction of the required affordable housing units. As a result, there would appear
to be no reasonable basis for not exempting Lot 1 from the expiration of the statutory
vested rights granted pursuant to Ordinance No. 6.
.~
,_,
Ms. Jennifer Phelan
March 16, 2009
Page 4
Should you have any questions, or require additional information, please do not
hesitate to call.
Yours truly,
cc: Leonard M. Oates, Esq.
John Provine
d:\oldc\bus\city.app\app54109.exe
Attachments
..
EXHIBIT
CITY OF ASPEN l
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Enin Evans, 429-2745 DATE: 03.11.2009
PROJECT: 501 West Hopkins -Vested Rights Exemption
REPRESENTATIVE: Sunny Vann
Tel: 925-6958
vannassociates@comcast.net
DESCRIPTION
The Applicant would like to request an exemption of expiration of vested rights for Lot 1 of the Boomerang Lot
Split. The project consists of mixed affordable housing and free market residential structures. Lot 2 has
already been developed with two free market units and two affordable housing units. Lot 1 has yet to be
developed. The conditions of approval for the project have been recorded on the Boomerang Lot Splft
Exemption Plat as per Ordinance No. 6, Series of 2006. The dimensional requirements, growth management
mitigation requirements, and residential design standards are outlined in the land use code. The only items
pertinent to Lot 1 that are not included in the code requirements pertain to landscaping, the driveway and curb
and gutter requirements. To request an exemption from the expiration of vested rights, the applicant must
submit an application to the City Council at a public hearing.
Land Use Code Section(s)
28.304.030 Common Development Review Procedures
26.308.010 Vested Property Rights
htt~:/lwww.aspenpitkin.comldepts1381citvcode.cfm
Review by: -Staff for complete application
- Referral agencies for technical considerations
-City Council
Planning Fees: $1470 Deposit for 6 hours of Staff time + $212 Engineering Minor Review (additional
planning hours over deposit amount are billed at a rate of $235mour).
Total Deposit: $1682
To apply, submit the following information:
1. Total deposit for review of the application.
2. Proof of ownership.
3. Completed Land Use Application Form.
4. A letter signed by the applicant, with the applicant's name, address and telephone number in a
letter signed by the applicant, which states the name, address and telephone number of the representative
authorized to act on behalf of the applicant.
5. Signed fee agreement.
6. Pre-application conference summary.
7. Street address and legal description of the parcel on which development is proposed to occur,
consisting of a current certificate from a title insurance company, or attorney licensed to practice in the
State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens,
easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply
for the Development Application.
8. 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.
.,
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9. An 8 1/2" by 11"vicinity map locating the parcel within the City of Aspen.
10. Additional application material as required for each specific review. (See application packet and
land use code)
11. Approved development plans on which vested rights are to be extended.
12. Copies of prior approvals.
13. 11 Copies of the complete application packet and maps.
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.
Ame Land Tille Association Owner's Policy (10-77A2) - C~ ~ 3U
Issued By
Attorney's?itle Insurance Agency of Aspen, LLC
(Members Name)
Ili West Main Street, Suite 305
(Address)
Aspen, Colorado 81611
(970) 925-7328
(Telephone)
Fund, Inc.
The Colorado Lawyers' Organization /or Title Insurance
OWNER'S
POLICY OF TITLE INSURANCE
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B ANDTHE CONDITIONS AND STIPULATIONS, Attorneys Title Guaranty Fund, Inc., a Colorado corpo-
ration, herein called the Comparry, insures, as Date of Policy shown in Schedule A, against loss or damage, not exceed-
ing the Amount of Insurance slated in Schedule A, sustained or incurred by the insured by reason of:
t. Title to the estate or interest described.in Schedule A being vested other than as stated therein:
2. Arty defect in or lien or encumbrance on the title;
3. Unmarketabiliry of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expense incurred in defense of the title, as insured, lwt only
to the extent provided in the Conditions and Stipulations.
IN WITNESS WHEREOF the Company has caused this Policy to be signed and sealed, to be valid when Schedule A
is countersigned by an authorized officer or agent of the Company all in accordance with its By-Laws.
",,, ATTORNEYSTITLE GUARANTY FUND, INC.
ATTEST: ,
\ ° .rte, BY: ~ 7 J..,
~/ @,SE1lI.~. /L, /vi
s
Judith A. Har[, Assistant Secretary Christopher J. Condie, Prosident
This poll ust ~ ule A nd B and be duly validated by this signature:
Authodzetl Officer or ent
Attorneys
Title Guaranty
P 581332 e
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~~
OWNER'S POLICY
SCHEDULE A
Order No: PC07D025d2
Amount of Insurance: 59,250,000.00
Dete of Policy: October 31, 2007, 3:22pm
I. Name of Insured:
501 W. Hopkins, LLC,~a Colorado limited liability company
2. The estate or interest in dte land which is covered by this policy is:
Fee Simple
3. Title to the estate or interest in the land is vested in:
501 W. Hopkins, LLC, a Colorado limited liability company
9. 'fhe land referred to in this policy is described az follows:
Policy No.: OPSSI332
Issued with Policy No.: MPI IU9231
Prcmiunt: $7,178.75
Lots 1 and 2 Boomerang Lot Split Subdivision Ezemption Plat accordng to the Plat thereof recorded
June 16, 2006 in Plat Book 79 at Page 70 as Reception No. 525370, Pitkin County, Colorado.
Attorneys Title In/surance Agency of Aspen, LLC
By f'
A orized Officer or Agen[
ember Number 2622
Attorneys Title Guaranty Fund, Ina This policy is invalid artless the cover sheet, I':tgc I
Schedule A and Schedule B are attached.
OWNER'S POLICY
SCHEDULE B
Date of Policy: October 31, 20U7
Policy No. OP581332
Order No: 1'CU7U02542
'T'his policy does not insure against loss or damage (and the Company will not pay costs, attonteys•' fees or expenses)
which arise by reason of:
I. Rights or claims of parties in possession not shown by the public records.
2. Easements or ctain[s of easements, not shown by the public records.
3. Discrepaocia, conflicts in boundary lines, shortage in area, encroachments and any facts which a
correct survey and inspection of the premises would disclose and which are not show[[ by the public
records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed
by law and no[ shown by [he public records.
5. Taxes for the year 20U7 and subsequent years. Taxes not yet due or payable.
6. Deed of Trust dated October 30, 2007 from 501 W Hopkins, LLC, a Colorado Limited Liability
Company to the Public Trustee of Pitkin County for the use of Alpine Bank, A Colorado Ka[[king
Company to secure tltc sutn of 57,400,000.00 rernrded October 3 t, 2UU7 as Reception Nu. 5437U5.
7. Terms, conditions, obligations and provisions as contained in Deeds recordal June 28, 1886 in Kook
41 at Page 18, July 26, 1888 in Book 59 at Page 476, July 26, 1888 in Book 59 at Page SSG, and April
4, 1892 in Book 79 at Page 43.
8. Terms, conditions, obligations and provisions as contained in Deed Res-riction recordeU September 7,
1999 as Recep[iou No. 435272.
9. Terms, conditions, obligations and provisions as contained in Easement recordtvl April I8, 2UU3 as
Reception No. 481651.
10. Any rights, easements, interests or claims which may exist by reason of or re0ce[ed by [he following
facts shown on [he survey dated July IU, 1998, by Aspen Survey Engiuccrs recorded in flat Book 51
at Page 28.
1 I. Any rights, easente[tts, interests or claims wbich may exist by reason of or reflected by the following
facts sl[own on [he survey dated December I8, 2000, by Aspen Survey Engineers recorded itt flat
Kook 65 at Page 45.
12. Easements, rights of way and other mailers as set forth on the Plat of Komnerang P.U.D., Klock 32,
Ciry• of Aspen, Colorado recorded Plat Book 65 at Page 37.
13. Terms, conditions, obligations and provisions as contained in PUD Agrcet[tent for the Boomerang
Lodge Extension Project recorded May 14, 2003 as Reception No. 482688.
Attorneys Title Guaranty Fund, Ina Page I
-~
Policy Nu.: 01'581332
13. Teens, conditions, obligations and provisions as contained in Ordinance Nu. 6, Series of 2W6
recorded June 16,2005 as Reception No. 525368.
I5. Terms, conditions, obligations and provisions as contained in Subdivision Exemption Agreement fur
Boomerang Lot Spfit recorded June 16, 2006 as Reception No. 525369.
16. Easements, rights of way and other matters as set forth on the Plat of Boomerang Lot Split
Subdivfsion Exemption Plat recorded Plat Book 79 at Page 70.
Attorneys Title Guaranty Fund, Inc. peL
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ENDORSEMENT
Attached to Policy No. OP581332
Issued by
ATTORNEYS TITLE GUARANTY FUND, INC.
COLORADO FORM 130
Provided there is situated on the land described under Schedule A of the Policy a single family residence,
the Policy is hereby amended as follows:
Notwithstanding anything therein to the contrary, the Policy insures against loss or damage by reason of
the following:
1. Any unfilled lien for tabor or material furnished for improvements on the land (except for any such lien
arising out of construction contract for or assumed by the Insured), provided construction of all
improvements are completed at Date of Policy.
2. Rights or claims of parties in possession of the principal dwelling.
3. The enforced removal of the principal dwelling on account of:
(a) any encroachment of said principal dwelling onto adjoining lands or onto any easement shown as
an exception in Schedule B or onto any unrecorded subsurtace easement,
(b) any violation of building setback lines or covenants, cond'dions or restrictions referred to in
Schedule B ofthe Policy,
(c) any violation of any zoning ordinance if the land is used only for a single (amity residence.
The term "principal dwelling° means any single family residential structure on the land whether detached
or not. If the principal dwelling is a condominium unit it refers to the space within the boundaries of the
unit. Additional improvements and areas such as outbuildings, detached garages, fences, driveways.
retaining walls, plants and common areas are not inGuded within this definition. The term "zoning
ordinance" does not include building codes, occupancy regulations and subdivision laws.
This endorsement is made a part of said policy and is subject to all the terms and provisions thereof and
of any prior Endorsements thereto. Except to the extent expressly stated, it neither modifies any of the
terms and provisions of [his Policy and any prior Endorsements, nor does it extend the effective Date of
Policy and any prior Endorsements, nor does it increase the face amount thereof.
ATTORNEYS TITLE GUARANTY FUND, INC.
Dated: October 31, 2007
By
~..
March 11, 2009
Ms. Jennifer Phelan
Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Permission to Represent
Dear Ms. Phelan:
EXHIBIT
Please consider this letter authorization for Sunny Vann of Vann Associates, LLC,
Planning Consultants, to represent us in the processing of our application for an exemp-
tion from vested rights expiration for Lot 1 of the Boomerang Lot Split Subdivision.
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,
501 W. HOPKINS, LLC
_~
John Provine, Managing Member
P.O. Box 8769
Aspen, Co 81612
(970)948-0813
d : \old c\bus\c ity.ItrUtr54109. jp 1
Easy Peel® Labels
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430 WEST HOPKINS CONDO ASSOC
COMMON AREA
432 W HOPKINS AVE
ASPEN, CO 81611
ALEXANDER JOAN P
739 25 RD
GRAND JUNCTION, CO 81505
AMAYA JOSE ANTONIO
ARGUETA BLANCA EDITH
605 W HOPKINS AVE #103
ASPEN, CO 81611
BARYON META PACKARD
4475 N OCEAN BLVD APT 43A
DELRAY BEACH, FL 33483
CARROLL MEREDITH COHEN
CARROLL ARTHUR RICHARD
605 W HOPKINS AVE #210
ASPEN, CO 81611
CHUCHMAN GEORGE S
PO BOX 2800-355
CAREFREE, AZ 85377
EMERICK SHELLEY W
2449 5TH ST
BOULDER, CO 80304
FINE FREDRIC N & SONDRA
412 MARINER DR
JUPITER, FL 33477
GOLDMAN DIANNE L
PO BOX 518
FpJRFIELD,CT 6824
• ~ eena atorg nne m
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501 W HOPKINS LLC
PO BOX 8769
ASPEN, CO 81612
ALPINE BANK
ATTN ERIC GARDEY
PO BOX 10000
GLENWOOD SPRINGS, CO 81602
ANGELOV DIMTAR S & DANIEL D
605 W HOPKINS AVE #209
ASPEN, CO 81611
EXHIBIT
501 WEST MAIN LLC
532 E HOPKINS AVE
ASPEN, CO 0
ALPINE BANK
ATTN JEAN MOORE
600 E HOPKINS AVE
ASPEN, CO 81611
ASPEN FSP ABR LLC
11921 FREEDOM DR #950
RESTON, VA 20190
BRIDGE WILLIAM 8 JOSEFINA BROOKS NORMAN A & LESLEE S
2075 SHERWOOD DR 16311 VENTURA BLVD #690
CAMBRIA, CA 93428 ENCINO, CA 91436
~' CHRISTUINA UNIT D101 LLC
CARTER RICHARD P GO FRANKLIN ST PARTNERS LLC
400E 3RD AVE #804 ~
215 ZOE WY
DENVER, CO 80202 MIAMI, FL 33140
CITY OF ASPEN
ATTN FINANCE DEPT
130 S GALENA ST
ASPEN, CO 81611
ERICKSON A RONALD
605 W HOPKINS AVE #211
ASPEN,CO 81611
FRANSEN ERIN M & GREGORY H
PO BOX 5082
GILLETTE, WY 0
H 8 H PROPERTIES LLLP
807 W MORSE. BLVD STE 101
WINTER PARK, FL 0
JEWISH RESOURCE CENTER CHABAD JOHNSTON FAMILY TRUST
OF ASPEN 2018 PHALAROPE
PO BOX 12099 COSTA MESA, CA 92628
ASPEN, CO 81612
CORTALE ITA
205 S MILL ST #112
ASPEN,CO 81611
FARR CHARLOTTE
306 MCCORMICKAVE
CAPITOLA, CA 95010
GOLDENBERG STEPHEN R 8 CHERYL J
430 W HOPKINS AVE
ASPEN, CO 81611
}WYMAN JULES ALAN
9238 POTOMAC SCHOOL DR
POTOMAC, MD 20854
..; KELLY KIM
J 605 W HOPKINS AVE #202
ASPEN, CO 81611
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KONIG DEBORAH
HANSON KIM
605 W HOPKINS AVE #203
ASPEN, CO 81611
KURKULIS PATSY 8 PAUL R
605 W HOPKINS AVE #201
ASPEN, CO 81611
LAMB JENNIFER C 8 TIMOTHY E
605 W HOPKINS AVE #204
ASPEN, CO 81611
LESTERJAMES
229 CHRYSTIE ST #1417
NEW YORK, NY 10002
MADSEN MARTHA W
608 W HOPKINS AVE APT 9
ASPEN, CO 81611
NELSON TREVOR T 8 ROSE MARIE
605 W HOPKINS #207
ASPEN, CO 81611
PERRY EMILY V
PO BOX 11071
ASPEN, CO 81612
SCOTT BUILDING CONDO ASSOC
COMMON AREA
400 W HOPKINS AVE
ASPEN, CO 81611
SHERWIN ENTERPRISES LLC
GO JENNIFER SHERWIN
1714 VISTA ST
DURHAM, NC 27701
SUBOTKY JULIE E
55 WEST 14TH ST #15L
NEW YORK, NY 10011
VANDERSCHUIT FAM TRUST
5836 WAVERLY AVE
LA JOLLA, CA 92037
WENDT ROBERT E 11
350 MT HOLYOKE AVE
PACIFIC PALISADES, CA 90272
~tiquetbes fedles 11 paler
Utliisez le aabarit AVERY® 5160®
LITTLE AJAX CONDOMINIUM ASSOC
605 W HOPKINS #006
ASPEN, CO 81611
MARSHALL ALISON J 8 JOSHUA W
605 W HOPKINS AVE #212
ASPEN, CO 81611
NIX ROBERT F
323 VINE ST
ASPEN, CO 81611
ROLAND DANIEL P 8 LEAH S
605 W HOPKINS AVE #102
ASPEN, CO 81611
SCOTT MARY HUGH
RUSSELL SCOTT 1118 CO LLC
5420 S QUEBEC ST #200
GREENWOOD VILLAGE, CO 80111
SMITH ANDREW C 8 DONNA G
3622 SPRINGBROOK ST
DALLAS, TX 75205
TODD SHANE
PO BOX 2654
ASPEN, CO 81612
VERNER DANIEL A 8 MERYLE
2577 NW 59TH ST
BOCA RAYON, FL 33496
LOT 2 BOOMERANG LOT SPLIT
PLANNED COM OWNERS ASSOC
533 E HOPKINS AVE 3RD FL
ASPEN, CO 81611
MOLLER DIANE T
4032 CRYSTAL BRIDGE DR
CARBONDALE, CO 81623
OHARROW SIOBHAN P
605 W HOPKINS AVE #208
ASPEN, CO 81811
SCHALL FAMILY TRUST 8/31/1998
18518 ST MORITZ DR
TARZANA, CA 91356
SHADOW MTN CORP
C/O FINSER CORP
7321 N.W. 75TH STREET
MEDLEY, FL 33166
STASPEN LLP
GO JOHN STATON
1180 PEACHTREE ST NE
ATLANTA, GA 0
TOMS CONDO LLC
GO BRANDY FEIGENBAUM PC
132 MIDLAND AVE #4
BASALT, CO 81621
WASHBURN LYNN S
TERRELL SERENE-MARIE
605 W HOPKINS AVE #205
ASPEN, CO 0
WERLIN LAURA B TRUST WHITNEY KURT A 8 JACQUELINE
2279 PINE ST PO BOX 5950
SAN FRANCISCO, CA 94115 SNOW MASS VILLAGE, CO 0
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YARDLEY, PA 19067 ASPEN, CO 0
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JONICE K VOS CilUD7Ll PITKIN GOU7rY CO R 36.00 D 0.00
ORDINANCE N0. 6
(SERIES OF 2006)
$$ EX~/HyIBIT
9 f
A:'V ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL REZONING THE
"BOOMERANG VACANT PARCEL" TO THE R-6 (MEDIUM-DENSITY
RESIDENTIAL) ZONE DISTRICT AND APPROVING A LOT SPLIT, CREATING
LOTS 1 AND 2 OF THE BOOMERANG LOT SPLIT, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
Parcel ID: 2735-124-66-001
WHEREAS, the Community Development Department received an application
from Aspen FSP-ABR, LLC, requesting to rezone the "Boomerang Vacant Parcel" located
on the south side of W. Hopkins Avenue, containing portions of Lots A-I, Block 32, City
and Townsite of Aspen from the R-15 (Moderate-Density Residential) Zone District with a
PUD and Lodge Preservation Overlay to the R-6 (Medium-Density Residtxttial) Zone
District and requesting approval of a Lot Split to divide the 19,737 square foot property into
a pazcel of approximately 12,237 square feet and a paroel of approximately 7,500 square
feet; and,
WHEREAS, upon review of the application, the applicable code standards, the
Community Development Deparment recommended approval with condition of the
proposed rezoning and lot split application; and,
WHEREAS, the Aspen Planning and Zoning Commission reviewed and wnsidered
the development pmposa] during a duly noticed public hearing opened on January 17,
2006, and continued to January 24, 2006. The Planning and Zoning Commission
approved Resolution No. 3, Series of 2006, by a five to one (5-1) vote, recommending
that City Council rezone the subject property to the R-6 Zone District, and recommending
that City Council approve the requested lot split with conditions, under the applicable
provisions of the Municipal Code as identified herein; and,
WHEREAS, the City Council 5nds that the development proposal meets or
exceeds all applicable development standards and that the approval of the development
proposal is consistent with the goats and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council 5nds that this ordinance fitrihers and is necessary for
the promotion of public health, safety, and welfaze.
NOW, THEREFORE, BE IT ORDAII~'ED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO THAT:
Section 1:
Pursuant to the procedures and standards set forth in Land Use Section 26310, Ametrdments
to the Land Use Code and Official Zone District Map, the City Council hereby rezones the
"Boomerang Vacant Parcel" containing portions of Lots A-I, Block 32, City and Townsite
of Aspen, from the R-15 (Moderate-Density Residential) Zone Di~ict with PUD and Lodge
Preservation Overlays to the R-6 (Medirun-Density Residential) Zone District.
Ordinance No. 6, Series of 2006
"Boomerang Vacant Parcel" Lot Split and Rezoning, Page 1
,•~,
~nll~ Illu ~ UNIII ~ ~ ~ Illl NII ~~53 ees8 e3 : 5_
SecGOn Z~ JaNICE K ~~ CialOILL PITKIN COUNTY CO R 30,00 D 0.00
Pursuant to the procedures and standards set forth in Land Use Section 26.480.030(Ax2),
Subdivision Eremptions: Lot Split, the City Council approves a lot split to divide the
"Boomerang Vacant Parcel" into Lot 1 of approximately 7,500 square fcet and Lot 2 of
approximately 12,237 square feet for the construction. of a'total of three (3) detached
dwelling units, with the conditions contained herein. Lot 1 is limited to one (I) single family
residence and Lot 2 is limited to two (2) detached flee market residences, plus two ADU/CH
units attached to one-another. All dimensions including allowable floor azea and the manner
in which ADU/Carriage Houses are calculated, shaIl be as specified in the Aspen Land Use
Code, as maybe amended fim time to time.
Section 3: Subdivision Exemotfoo Plat
The Applicant shall submit and record a subdivision exemption plat that meets the terms
of Land Use Code Section 26.480 in the office of the Pitkin County Clerk and Recorder
no later than 180 days after final approval is obtained. The Lot Split Plat shall cleazly
label the proposed lot line that separates Lot 1 from Lot 2, housing type and density per
lot, and show all easements of record. The plat may also include a note indicating that
the land azea contained within the trail easement shall not be excluded from the
calculation of Lot Area.
Section 4: Subdivision Exemption Agreement
The Applicant shall submit and record a subdivision exemption ageement that meets the
terms of Land Use Code Section 26.480.030, in the office of the Pitkin County Clerk and
Recorder no later than 180 days after final approval is obtained
Section 5: Building Permit Application
The building permit application for each of the residential units shall include the
following:
1. A copy of the final Ordinance and P&Z Resolution.
2. The conditions of approval printed on the cover page of the building permit set.
3. A completed tap permit for service with the Aspen Consolidated Sanitation
District
4. 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. The tree removal permit application shall be accompanied by a
detailed landscape plan indicating which trees aze to be removed and new
plantings proposed on the site. Additionally, aright-of--way landscaping plan
shall be provided as part of the building permit application identifying that any
trees removed from the right-of-way will have io be relocated. Any disruption or
damage to the right-of--way irrigation system during construction shall also be
repaired to the satisfaction of the Parks Department.
Ordinance No. 6, Send of 2006
"Boomerang Vacant Parcet" I.ot Split and Rezoning, Page 2
.-.
I~lu ~I~~ ~~IIII ~~ ~ ~ 111 ~ ~ lul 069 632006 03 :5!
JWIICE K VOS Cia1DIl.L CIMIN COUNTT W R 30.00 D 0.00
5. A drainage plan, including an erosion control plan, prepared by a Colorado
licensed Civil Engineer, which maintains sediment and debris on-site during and
aRer construction. If a ground recharge system is required, a soil percolation
report will be required to correctly size the facility. A 5-yeaz storm frequency
should be used in designing any drainage improvements.
6. A construction management plan pursuant to the requirements of the Community
Development Department. The construction management plan shall include a
plan for protecting the Midland and W. Hopkins Avenue Trails during
construction. This plan shall be reviewed and approved by the Parks Department
prior to building permit issuance.
A fugitive dust control plan to be reviewed and approved by the City Engineering
Department.
Section 6: Growth Mana¢ement Allotments
The Applicant shall obtain Administrative Growth Management approval and provide
affordable housing mitigation by developing one (1) "for sale" accessory dwelling unit or
carnage house per lot, as contained within the Applicant's proposal. The ADU/Carnage
House unit mitigating the Lot 1 development shall contain between 750 and 1200 squaze
feet of net livable azea and be located on Lot 2; the ADU/Carriage House mitigating the
Lot 2 development shall contain between 750 and 1200 square feet of net livable area and
be located on Lot 2. This mitigation will be acceptable mitigation for each oC the
residential dwelling units to be constructed on Lots 1 and 2 of the lot split pursuant to
Land Use Code Section 26.470.040(B)(1), Administrative Growth Management Review:
Detached single family or duplex dwelling units, as amended from time to time.
Section 7: Use and Dimensional Reanirements
The lots created by the lot split shall be subject to the use and dimensional requirements
of the Medium-Density Residential (R-6) Zone District and as specified in Section 2 of
this ordinance. The free market residential dwelling units to be deve]oped on Lot 2 shall
be constructed as two (2) detached dwelling units rather than in a duplex configuration;
the "for sale" ADU/Carriage House units shall be developed in a duplex co~guration.
Section 8: Desi¢a Standards
All residential dwelling units (free mazket and affordable) to be constmcted on Lots i and
2 shall meet the residential design standazds in place at the time of building permit, unless
any variance(s) is duly obtained. Tn addition, the ADU/Carriage House units on Lot 2
shall also meet the ADU Design Standazds contained in Section 26.520.050 of the Code,
unless any variance(s) is duty obtained or where a stricter standard is specified within this
ordinance.
Section 9: Vehicular Access
Vehicular access to Lot 1 shall be taken from the South Fourth Street smb located
directly to the east of the property. There shall not be any vegetation taller than 30 inches
thdiluurce No. 6, Series of 2006
"Boomerang Vacant Parcel" Lot SPlit and Rezoning, Page 3
.~. ,-.
~.... ..~
11~I-~~INIIIIIIUIINInIIi~INnIIN~N~~N ~~ 6;2 8 03:5.
JRNICE K VOS CRUDILL PIMIN COIaITV CO R 36.00 D 0.00
from existing grade planted within the area fifteen (15) feet south or north of the
driveway to be accessed from 4`" Street, at the property line or in the public right-of--way
to maintain a sufficient view corridor for trail users to see vehicles crossing the trail. The
Applicant shall also relocate the existing Midland Trail sign to the south side of the
driveway and attach a new sign on the backside of the Midland Trail sign indicating the
presence of the driveways crossing the trail to trail users.
Vehiculaz access to Lot 2 shall be taken from West Hopkins Avenue via a single curb cut.
The residential units on Lot 2 shad shaze a single driveway and the curb cut shall be
designed and constructed such that it will not provide a net loss in on-street parking in the
W. Hopkins Avenue Right-of--Way (it may be necessary to reconstruct and realign a
portion of the existing sidewalkhrail to ensure no net loss of on-street parking). The
driveway access shall meet the City Engineering Department's standards for drive ramps.
The driveway entrance points shall be in substantially the same location as they arc
shown in the addendum to the application.
Section 10: Curb and Gutter
The Applicant shall construct curb, and gutter along the West Hopkins Avenue frontage
of the property being divided prior to issuance of a certificate of occupancy for any of the
units in the project. The timing of this installation may be changed if approved by the
City Engineer. If the W. Hopkins Pedestrian Trail is altered during construction, the
Applicant shall repair the trail to the condition it was in prior to construction while
allowing for the potential for modest realignment.
The radii of the curb cut shall be the minimal that fimctions for the purpose of a
driveway. The applicants shall gain approval from the Community Development
Engineer to determine an appropriate sizing.
Sectioa 11: Trail Easement
The Applicant shall grant a four (4) foot wide public trail easement to the City of Aspen
along the western side property line of Lot 2 and on the westernmost 90 feet of Lot 2,
running directly adjacent to the southern property line. A slightly wider easement shall
be granted at the southwest comer of Lot 2 to allow for a moderate taming radius on the
trail. The exact location of this easement shall be approved by the Pazks Department
prior to recordation of the fmal subdivision exemption plat. This easement shall be
shown on the subdivision exemption plat and shall be described in the subdivision
exemption agreement. The easement shall not affect allowable FAR, density, setback
requirements, or other dimensional requirements.
Section 12: Landscaping
The Applicant shall install a tree root barrier on the trees that aze to be planted within ten
(10) feet of the W. Hopkins trail to prevent future root damage and trail upheaval. The
Applicant shall also install tree saving construction fences azound the drip line of any
trees to be saved subject to the following provisions:
Ordinance Igo. 6, Series of 2006
"Boomerang Vacant Parcel" Lot Split and Rezoning, Page 4
Ilii- ~iNIiIIIIUNIIIiINIINII~IIIINNINIIII ~2~e;'08 a3:5:
JaNICE K v05 Ciri1DILL GITKIN COUNTY CO R 36.66 D 6.06
a. The City Forester or his/her designee must inspect this fence before any
construction activities commence.
b. No excavation, storage of materials, storage of construction equipment,
construction backfill, foot or vehicular traffic sha[I be allowed within the drip line.
Section 13: Soil Subsidence and Rock Fall Aazards
The Applicant shall submit geotechnical and soil stability reports performed by a
qualified, licensed engineer demonstrating the land is suitable to handle the proposed
development. The Applicant shall also submit a report from a qualified, licensed
engineer demonstrating that rock fall from the slope above the proposed development
will be sufficiently mitigated to prevent rock fall bazards. This report shall he submitted
for review by the Community Development Department prior to the issuance of full
structural building permits.
Section 14: Fire Mitigation
The Applicant shall install a fire sprinkler system that meets the requirements of the
Aspen Fire Marshal in any residential unit that is 5,000 square feet or more. Use of
charcoal grills shall be prohibited in this development because of fire danger concerns.
This prohibition shall be included in the Subdivision Exemption Agreement for the
development.
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. No clear water connections (root; foundation, perimeter drains) to ACSD
lines shall be allowed.
Section 16: Impact Park Develoament, and School Land )l~dication Fees
Park Development Imaact Fees shall be assessed on each residential unit constructed on
Lots 1 and 2 at the time of building permit issuance. The park devclopment impact fees
shall be calculated by the City Zoning Officer at the time of building permit issuance
using the fee schedule in place at said time.
School Land Dedication Fees shall be assessed on the proposal pursuant to Land Use
Code Section 26.630, School Lands Dedication, and a proportionate amount of all
applicable impact fees shall be due at the time of building permit issuance for each
residence within the Iot split.
Other Impact Fees, as applicable, shall be due at the time of building permit application
submittal.
Section 17: Exterior Ligbting
All exterior lighting shall meet the City's Lighting Code Requirements pursuant to Land
Use Code Section 26.575.150, Outdoor Lighting.
Section 18: Previous Aoarovals
Upon recordation of the subdivision exemption plat, the previous approvals including
PUD, Subdivision and any others associated with the subject property will become
Ordinance No. 6, Series of 2006
"Boomerang Vacant Parcel" Lot Split and Rezoning, Page 5
~I 110011N IIII III~IIIIIII~~III IIII~~,II IIII 6~6 620 603:5!
i~iiiiu
JPNIGE K VOS Ci1UDILL P]TKIN COUNTY CO R 30.00 D 0.00
vacated, null and void for good cause found, and the provisions of this approval will be in
place.
Section 19: Vested Property Riehts
The development approvals granted herein shall constitute asite-specific development plan
vested for a period of three (3) years from the date of issuance of a development order.
No later than fourteen (14) days following final approval of all requisite reviews necessary to
obtain a development order as set forth in this ordinance, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundazies of the
City of Aspen, a notice advising the general public of the approval of a site specific
development plan and creation of a vested property right pursuant to this Title. Such notice
shall be substantially in the following forest:
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right, pursuant to the Land Use Code of the
City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the
following described property: Portions of Lots A-I, Block 32, City and Townsite of
Aspen, by Ordinance No. 6, Series of 2006, of the Aspen City Council.
Section 20•
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awazded, whether in public hcazing or
documentation presented before the Planning and Zoning Commission or 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 21:
This ordinance 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 22:
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 23•
A public hearing on the ordinance shall be held on the 27th day of March, 2006, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen days prior to which hearing a
public notice of the same shall be published in a newspaper of general circulation within the
City of Aspen.
Ordinance No. 6, Sores of 2006
"Boomerang Vacant Pamel° [.ot Split and Rezoning, Page 6
IIuu .-, ~•,
(III~i ~~ ul~ ~11 ~I I~I~ ~I~ ~ ii pp 6536 ~ i
III s_
JRNICE K VOS CRUDILL PSTKIN COUNTY CO R 30,00 0 0.00
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 13"' day of February 2 6.
en Kalin a Mayor
ATTEST:
~ ~
/, .,
Kathryn S. I c ,City Clerk
FINALLY, adopted, passed and approved this 10th day of April, 2006.
len de d, Mayor
ATTEST:
r
li ,~ A 9rh~ ~1
Kathryn S. KgElf, City Clerk
APPROVED AS TO F'OR'K:
. Worcester, City Attorney
Ordinance No. 6, Series of 2006
"Boomerang Vacant Parcel^ Lot Split and Retuning, Page 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26 X04.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
SCHEDULED PUBLIC HEARING DATE:
Mon~p~ AOri~ /3 r~ S t~M , 20
STATE OF COLORADO )
ss.
County of Pitkin )
Aspen, CO
I ~Yl ~ -P~l Gl ~C ~~/I (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:
V 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 vaas 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 heazing, 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
appeazed no more than sixty (60) days prior to the date of the public hearing. A
copy of the owizers arzd govenwnental agencies so noticed is attacTed hereto.
(continued on next page)
Mineral Estate Owner Notice. By the certified mailing of notice, return receipt
requested, to affected mineral estate owners by at least thirty (30) days prior to
the date scheduled for the initial public hearing on the application of
development. The names and addresses of mineral estate owners shall be those
on the current tax records of Pitkin County. At a minimum, Subdivisions that
create more than one lot, Planned Unit Developments, Specially Planned Areas,
and COWAPs are subject to this notice requirement.
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 tequirement 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 azea 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.
sgnature
The foregoing "Affidavit of Notice" was acknowledged before me this .3d day
of ~(ir ~/Lln , 200, by ~. ~ ~ c~ S c cif -e~~
WITNESS MY HAND AND OFFICIAL SEAL
AE: 501 W.
My
Notary Public
u n~ rt,rtenl 130 S. ua'nne -...... ua.
,e,a ..,~_~- ~ GORY J.
a2s-z~ss, a ~~ - ;
GARSKE
PePen G1ry CWMII °e
29 Zppga(318"/011) en Tlmes Weekly on March ~~ C
ATTACHMENTS AS APPLICABLE: `''s''
__iEPUBLICATION
• PHOTOGRAPH OF THE POSTED NOTICE (SIG11~ My Cemmissien Exp~es 05IOBI2012
• LIST OF THE OWNERSAND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
• APPLICANT CERTIFICATION OFM71VER4L ESTAE OWNERS NOTICE
AS REQUIREDBYC.RS. §24-65.5-103.3
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: ~ ~ , 200_
STATE OF COLORADO )
ss.
County of Pitkin )
I, ~~~ (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.
V 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 he public hearing aytl was continuously visible from the day of
~!' 27 , 20 , to and including the date and time of the public
/hearing. A photograph of the posted notice (sign) is attached hereto.
y 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 heazing, 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 heazing. 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 business hours for fifteen (15) days
prior to the public heazing on such amendme~ts./~
The foregoing "Affidavit of Notice" was acknowledged before me this 13 day
of ~I'~/~ , 200~j , by S UiJNy Uf-F1~J>J
r~ii"• ~ ~ • ~e
~ :' •., 2
• NornRy
3 u'f ••••• PUBl1G ;' O
'~ ~ q o , , O p i C O , ` 0 ` p ~ ~~`~ ~ .o
~~~n Ezpires~
WITNESS MY HAND AND OFFICIAL SEAL
commission expi s: ~O 9 .2~/U
otary Public
ATTACHMENTS:
COPY O F THE P UBL ICA TION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
-~ j
PUBLIC NOTICE
RE: 501 W. HOPKINS AVE -VESTED RIGHTS EXTENSION
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, April 13, 2009, 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 501 W. Hopkins LLC, 306 S.
Hunter St., Aspen, CO 81611, which is the owner of the subject property. The Applicant requests
vested rights exemption to develop the site with their approved development plan for asingle-
family residence on Lot 1 of the Boomerang Lot Split Subdivision, commonly known as 510 W.
Hopkins Ave. For further information, contact Ben Gagnon at the City of Aspen Community
Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2755,
Ben. Gagnon@ci.aspen.co.us.
s/ Michael C. Ireland, Mayor
Aspen City Council
Published in the Aspen Times on March 29, 2009
City of Aspen Account
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430 WEST HOPKINS CONDO ASSOC
COMMON AREA
432 W HOPKINS AVE
ASPEN, CO 81611
ALEXANDER JOAN P
739 25 RD
GRAND JUNCTION, CO 81505
AMAYA JOSE ANTONIO
ARGUETA BLANCA EDITH
605 W HOPKINS AVE #103
ASPEN, CO 81611
BARYON META PACKARD
4475 N OCEAN BLVD APT 43A
DELRAY BEACH, FL 33483
CARROLL MEREDITH COHEN
CARROLL ARTHUR RICHARD
605 W HOPKINS AVE #210
ASPEN, CO 81611
CHUCHMAN GEORGE S
PO 80X 2800-355
CAREFREE, AZ 85377
EMERICK SHELLEY W
2449 5TH ST
BOULDER, CO 80304
FINE FREDRIC N & SONDRA
412 MARINER DR
JUPITER, FL 33477
GOLDMAN DIANNE L
PO BOX 518
FAIRFIELD,CT 6824
JEWISH RESOURCE CENTER CHABAD
OF ASPEN
PO BOX 12099
ASPEN, CO 81612
501 W HOPKINS LLC
PO BOX 8769
ASPEN, CO 81612
ALPINE BANK
ATTN ERIC GARDEY
PO BOX 10000
GLENWOOD SPRINGS, CO
501 WEST MAIN LLC
532 E HOPKINS AVE
ASPEN, CO 0
ALPINE BANK
ATTN JEAN MOORE
600 E HOPKINS AVE
81602 ASPEN, CO 81611
ANGELOV DIMTAR S 8 DANIEL D
605 W HOPKINS AVE #209
ASPEN, CO 81611
BRIDGE WILLIAM & JOSEFINA
2075 SHERWOOD DR
CAMBRIA, CA 93428
CARTER RICHARD P
400E 3RD AVE #804
DENVER, CO 80202
CITY OF ASPEN
ATTN FINANCE DEPT
130 S GALENA ST
ASPEN, CO 81611
ERICKSON A RONALD
605 W HOPKINS AVE #211
ASPEN, CO 81611
FRANSEN ERIN M 8 GREGORY H
PO BOX 5082
GILLETTE, WY 0
H & H PROPERTIES LLLP
807 W MORSE BLVD STE 101
WINTER PARK, FL 0
JOHNSTON FAMILY TRUST
2018 PHALAROPE
COSTA MESA, CA 92626
ASPEN FSP ABR LLC
11921 FREEDOM DR #950
RESTON, VA 20190
BROOKS NORMAN A 8 LESLEE S
16311 VENTURA BLVD #690
ENCINO, CA 91436
CHRISTIANA UNIT D101 LLC
C/O FRANKLIN ST PARTNERS LLC
215 ZOE WY
MIAMI, FL 33140
CORTALE ITA
205 S MILL ST #112
ASPEN, CO 61611
FARR CHARLOTTE
306 MCCORMICK AVE
CAPITOLA, CA 95010
GOLDENBERG STEPHEN R 8 CHERYL J
430 W HOPKINS AVE
ASPEN, CO 81611
HAYMAN JULES ALAN
9238 POTOMAC SCHOOL DR
POTOMAC, MD 20854
KELLY KIM
605 W HOPKINS AVE #202
ASPEN, CO 81611
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KONIG DEBORAH KURKULIS PATSY 8 PAUL R LAMB JENNIFER C R TIMOTHY E
HANSON KIM 605 W HOPKINS AVE #201 605 W HOPKINS AVE #204
605 W HOPKINS AVE #203 ASPEN, CO 81611 ASPEN, CO 81611
ASPEN, CO 81611
LESTER JAMES LITTLE AJAX CONDOMINIUM ASSOC LOT 2 BOOMERANG LOT SPLIT
229 CHRYSTIE ST #1417 605 W HOPKINS #006 PLANNED COM OWNERS ASSOC
NEW YORK, NY 10002 ASPEN, CO 81611 533 E HOPKINS AVE 3RD FL
ASPEN, CO 81611
MADSEN MARTHA W MARSHALL ALISON J & JOSHUA W MOLLER DIANE T
608 W HOPKINS AVE APT 9 605 W HOPKINS AVE #212 4032 CRYSTAL BRIDGE DR
ASPEN, CO 81611 ASPEN, CO 81611 CARBONDALE, CO 81623
NELSON TREVOR T & ROSE MARIE NIX ROBERT F OHARROW SIOBHAN P
605 W HOPKINS #207 323 VINE ST 605 W HOPKINS AVE #208
ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611
PERRY EMILY V ROLAND DANIEL P 8 LEAH S SCHALL FAMILY TRUST 8/31/1998
PO BOX 11071 605 W HOPKINS AVE #102 18518 ST MORITZ DR
ASPEN, CO 81612 ASPEN, CO 81611 TARZANA,CA 91356
SCOTT BUILDING CONDO ASSOC SCOTT MARY HUGH ' SHADOW MTN CORP
COMMON AREA RUSSELL SCOTT III & CO LLC GO FINSER CORP
400 W HOPKINS AVE 5420 S QUEBEC ST #200 7321 N.W. 75TH STREET
ASPEN, CO 81611 GREENWOOD VILLAGE, CO 80111 MEDLEY, FL 33166
SHERWIN ENTERPRISES LLC SMITH ANDREW C & DONNA G STASPEN LLP
C/O JENNIFER SHERWIN 3622 SPRINGBROOK ST CIO JOHN STATON
1714 VISTA ST DALLAS, TX 75205 1180 PEACHTREE ST NE
DURHAM, NC 27701 ATLANTA, GA 0
SUBOTKY JULIE E TODD SHANE TOMS CONDO LLC
55 WEST 14TH ST #15L PO BOX 2654 C/O BRANDY FEIGENBAUM PC
NEW YORK, NY 10011 ASPEN, CO 81612 132 MIDLAND AVE #4
BASALT. CO 81621
VANDERSCHUIT FAM TRUST VERNER DANIEL A 8 MERYLE WASHBURN LYNN S
5836 WAVERLY AVE 2577 NW 59TH ST TERRELL SERENE-MARIE
LA JOLLA, CA 92037 BOCA RAYON, FL 33496 605 W HOPKINS AVE #205
ASPEN, CO 0
WENDT ROBERT E II WERLIN LAURA B TRUST WHITNEY KURT A & JACQUELINE
350 MT HOLYOKE AVE 2279 PINE ST PO BOX 5950
PACIFIC PALISADES, CA 90272 SAN FRANCISCO, CA 94115 SNOWMASS VILLAGE, CO 0
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YLP WEST LLC YOUNG PAUL III FAMILY TRUST
7 SOUTH MAIN ST 413 W HOPKINS AVE
YARDLEY, PA 19067 ASPEN, CO 0
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THE CITY OF ASPEN
Land Use Application
Determination of Completeness
Date: March 20, 2009
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 0019 2009 ASLU Lot 1 Boomerang Lot Snlit
Subdivision. The planner assigned to this case is Ben Gannon.
^ 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:
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:
there are not missing items listed above, then your application has been deemed complete
to begin the land use review process.
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.
Thank You,
~ ~~
Jennifer Phel Deputy Director
City of Aspen, Community Development Department
C:\Documents and Settings\jennifepVviy Documents\all documents 11.30.07\organized\G Drive\Templates\Land
Use Cases\Completeness Letter Land Use.doc
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MEMORANDUM
TO:
FROM:
THRU:
DATE OF MEMO:
MEETING DATE:
Mayor Ireland and Aspen City Council
Ben Gagnon, Special Projects Planner 1RT
Jennifer Phelan, Community Development Deputy Director~~~
Apri120~", 2009
April 2Tn, 2009
RE; Lot 1, Boomerang Lot Split - 501 W Hopkins Ave -Exemption
from Expiration of Vested Rights
Public Hearing of Resolution No. 22 Series of 2009
SUMMARY:
The Applicant requests City Council
approve an exemption from expiration of
vested rights of an approval to build a
single-family home on Lot 1 of the
Boomerang Lot Split, at 501 W. Hopkins
Ave.
APPLICANT /OWNER:
501 West Hopkins LLC
REPRESENTATIVE:
Vann Associates
LOCATION:
510 W. Hopkins Ave.; Legal Description -
Lot 1, Boomerang Lot Split; Pazcel
Identification Number - 2735- 124-66-001
CURRENT ZONING a4c USE
Located in the Medium-Density Residential (R-6)
zone district.
PROPOSED LAND USE:
The Applicant proposes
expiration of vested rights.
to be exempt from the
STAFF RECOMMENDATION:
Staff recommends that the Mayor and City Council
approve an extension of vested rights rather than the
requested exemption from the expiration of vested
rights, with conditions. This would provide a three
year extension rather than the requested perpetual
extension.
LAND USE REQUEST AND REVIEW PROCEDURES: The applicant is requesting the
following land use approvals from the City Council:
• Exemption from Expiration of Vested Rights The City Council may by resolution at a
public hearing noticed by publication, mailing and posting [see section 26.308:010(B)]
approve an exemption from the expiration of vested rights in accordance with this
Revised 4/21/2009
Page 1 of 3
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section. Only subdivisions composed of detached residential or duplex units shall be
eligible for the exemption. City Council is the final review authority who may approve or
deny the proposal.
PROJECT SUMMARY:
The applicant has requested an exemption from the expiration of vested rights for Lot 1 of the
Boomerang Lot Split Subdivision approved by Ordinance No. 6, Series of 2006, which allows for
the development of asingle-family home on the subject lot and is commonly known as 501 W.
Hopkins Ave.
The Boomerang Lot Split Subdivision is a two lot subdivision that consists of adeed-restricted
duplex and two single-family detached homes on Lot 2, and asingle-family home on Lot 1. The
affordable housing duplex and one single-family home on Lot 2 aze completed and occupied,
with the second single-family home on Lot 2 almost completed. A building permit was issued for
Lot 1, and basement excavation was neaz completion when 510 W. Hopkins LLC decided not to
continue going forwazd with construction. The Boomerang Lot Split Ordinance vested the
approval until Apri128, 2009.
A site specific approval is typically vested for a period of three (3) yeazs from the date of the
approval. This vesting period allows a developer to build what was approved, subsequent to the
approval, without having to meet any regulation changes that may occur during the vesting
period. The time period also protects the municipality by ensuring that an approved development
is constructed in a timely manner or the development is required to meet regulation changes after
the vesting period has expired.
STAFF COMMENTS:
The Engineering Department is requiring the applicant to obtain a Right of Way permit for the
driveway, which will also require the seeding of a Swale along the sidewalk and minor repairs to
some portions of the sidewalk. Obtaining this Right of Way permit is a condition of approving
the exemption from expiration of vested rights.
Following discussions with neighbors, the owner has agreed to exceed the City's standards for
exemption from expiration of vested rights by agreeing to remove all construction trailers and
equipment, fill in the excavated area and plant grass over the reclaimed area. These conditions
are included in the Resolution. This is a laudable action by the applicant.
However, the final single-family dwelling unit in this subdivision has not been constructed. If an
exemption from the expiration of vested rights were approved, the applicant could choose not to
construct the single-family dwelling for 20 years or for any yeriod of time. In the case that the
single-family dwelling is not constructed for a substantial period of time, the land use code may
change dramatically during that period, potentially requiring significant public improvements that
would not apply to the applicant.
The fundamental purpose of setting a term for vested rights is to allow the applicant some level
of assurance that new requirements will not be imposed, while allowing the City to apply new
Revised 4/21/2009
Page 2 of 3
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.,
-,,
requirements over the long-term in the event that the public through its representatives deem
them necessary. A permanent exemption of vested rights tends to work against the rights
reserved under the land use code to amend the title from time to time.
Although the Applicant has requested an exemption from the expiration of vested rights, Staff
recommends that the Applicant be provided a three (3) year extension of the vested rights
associated with Ordinance No. 6, Series of 2006 until Apri128, 2012.
RECOMMENDATION: Staff recommends that the exemption from the expiration of vested
rights be denied but that an extension of vested rights be approved until April 28, 2012, with
conditions.
Two resolutions are included with this memo. Resolution 22- A provides for an exemption from
vested rights as requested by the Applicant while Resolution 22- B provides for the extension of
vested rights for three years until April 28, 2012.
CITY MANAGER'S COMMENTS:
RECOMMENDED MOTION: "I move to adopt Resolution No. , Series of 2009."
ATTACHMENTS:
Exhibit A -Staff Findings, Exemption from Vested Rights
Exhibit B -Staff Findings, Extention of Vested Rights
Exhibit C -Application
Revised 4/21/2009
Page 3 of 3
-,,
RESOLUTION NO.~-A
(SERIES 2009)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, TO APPROVE AN
EXEMPTION FROM EXPIRATION OF VESTED RIGHTS GRANTED BY ORDINANCE
N0.6 SERIES OF 2006 BY THE CITY OF ASPEN CITY COUNCIL FOR THE PROPERTY
COMMONLY DESCRIBED AS 501 WEST HOPHINS AVENUE, LEGALLY DESCRIBED
AS LOT 1, BOOMERANG LOT SPLIT, CITY OF ASPEN, PITHIN COUNTY,
COLORADO
Parcel Identification Number 2735-124-66-001
WHEREAS, the Community Development Deparhnent received an application from 501
W. Hopkins LLC, requesting An Exemption from Expiration of Vested Rights Exemption pursuant
to Ordinance No. 6, Series of 2006; and
WHEREAS, The Aspen City Council adopted Ordinance No. 6, Series of 2006, which
approved the Boomerang Lot Split, creating Lot 1 and Lot 2, and awarded Vested Property
Rights status for two detached free mazket residential units and two "for sale" ADU/Carriage
House units in a duplex configuration on Lot 2, and one free market residential unit on Lot 1,
until April 28, 2009; and,
WHEREAS, the applicant submitted the application for Exemption from Expiration of
Vested Rights before the vested rights expired in 2009; and,
WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code,
City Council may grant an Exemption from Expiration 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 an approval of the Extension of Vested Rights rather than an approval for an
Exemption from Expiration of Vested Rights for Lot 1 of the Boomerang Lot Split; and
WHEREAS, the Aspen City Council has reviewed and considered the request of an
Exemption from Expiration of Vested Rights for Lot 1 of the Boomerang Lot Split under the
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 Exemption from Expiration of Vested Rights
proposal meets or exceeds all applicable land use standards and that the approval of the Exemption
from Expiration of Vested Rights with conditions, is consistent with the goals and elements of the
Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this resolution furthers and is necessary for the
promotion of public health, safety, and welfaze.
Resolution _ A
Page 1
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN COUNCIL AS
FOLLOWS:
Section 1:
Pursuant to the procedures and standazds set forth in Section 26 of the City of Aspen Municipal
Code, the City Council hereby approves the request for an Exemption from Expiration of Vested
Rights for Lot 1 of the Boomerang Lot Split that was approved by Ordinance No. 6, Series of
2006 by the Aspen City Council, with the following conditions:
1. That the establishment herein of a vested property right shall not preclude the
application or regulations which aze general in nature and are applicable to all
property subject to the 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 that are in effect at the time of building permit, unless an exemption
granted in writing.
Section 2:
The applicant shall obtain approval for a retroactive Right of Way permit from the City of Aspen
Engineering Department for the driveway, for seeding of the Swale adjacent to the W. Hopkins
sidewalk and minor repairs to sidewalk uplift that has occurred. The Right of Way permit is to be
obtained by July 1, 2009.
Applicant shall remove any construction trailers and construction equipment, remove the
construction fence, fill in the excavation and use grass seed to vegetate the reclaimed area, this
work to be completed by July 1, 2009.
Section 3•
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awazded, whether in public heazing or documentation presented before
the City Council, aze 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 4:
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 resolutions repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior resolutions.
Section 5:
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
sepazate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Resolution A
Page 2
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Section 6•
A public hearing on this resolution was held the 13`" day of April, 2009, in the City Council
Chambers, 130 S. Galena, 15 days prior to which public notice was published in a newspaper of
general circulation within the City of Aspen.
FINALLY adopted, passed and approved this 13`h day of April, 2009 by a vote.
Michael C. Ireland, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
Resolution _ A
Page 3
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RESOLUTION NO.Z2- B
(SERIES 2009)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, TO APPROVE AN
EXTENSION OF VESTED RIGHTS GRANTED BY ORDINANCE N0.6 SERIES OF 2006
BY THE CITY OF ASPEN CITY COUNCIL FOR THE PROPERTY COMMONLY
DESCRIBED AS 501 WEST HOPHINS AVENUE, LEGALLY DESCRIBED AS LOT 1,
BOOMERANG LOT SPLIT, CITY OF ASPEN, PITHIN COUNTY, COLORADO
Parcel Identification Number 2735-124-66-001
WHEREAS, the Community Development Department received an application from 501
W. Hopkins LLC, requesting An Exemption from Expiration of Vested Rights Exemption pursuant
to Ordinance No. 6, Series of 2006; and
WHEREAS, The Aspen City Council adopted Ordinance No. 6, Series of 2006, which
approved the Boomerang Lot Split, creating Lot 1 and Lot 2, and awarded Vested Property
Rights status for two detached free market residential units and two "for sale" ADU/Carriage
House units in a duplex configuration on Lot 2, and one free market residential unit on Lot 1,
until, Apri128, 2009; and,
WHEREAS, the applicant submitted the application for an Exemption from Expiration
of Vested Rights on March 16`h, 2009 before the vested rights expired; and,
WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code,
City Council may grant an Exemption from Expiration 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 an extension of vested rights rather than an exemption from the Exemption from
Expiration of Vested Rights for Lot 1 of the Boomerang Lot Split for a three yeaz period; and
WHEREAS, the Aspen City Council has reviewed and considered the request of an
Exemption from Expiration of Vested Rights for Lot 1 of the Boomerang Lot Split under the
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 heazing; and,
WHEREAS, the City Council finds that the Exemption from Expiration of Vested Rights
with conditions, is not consistent with the goals and elements of the Aspen Area Community Plan;
however, an extension of vested rights is consistent with the goals and elements of the Aspen Area
Community Plan and,
WHEREAS, the City Council finds that this resolution furthers and is necessary for the
promotion of public health, safety, and welfare.
Resolution _ B
Page 1
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN COUNCIL AS
FOLLOWS:
Section 1:
Pursuant to the procedures and standazds set forth in Section 26 of the City of Aspen Municipal
Code, the City Council hereby approves the Extension of Vested Rights for Lot 1 of the
Boomerang Lot Split that was approved by Ordinance No. 6, Series of 2006 by the Aspen City
Council, 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 the 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 that are in effect at the time of building permit, unless an exemption
granted in writing.
2. That the new expiration date for vested rights is April 28, 2012.
Section 2:
The applicant shall obtain approval for a retroactive Right of Way permit from the City of Aspen
Engineering Department for the driveway, for seeding of the Swale adjacent to the W. Hopkins
sidewalk and minor repairs to sidewalk uplifr that has occurred. The Right of Way permit is to be
obtained by July 1, 2009.
Applicant shall remove any construction trailers and construction equipment, remove the
construction fence, fill in the excavation and use grass seed to vegetate the reclaimed area, this
work to be completed by July 1, 2009.
Section 3:
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awazded, 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 4:
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 resolutions repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior resolutions.
Section 5:
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.
Resolution _ B
Page 2
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Section 6:
A public hearing on this resolution was held the 13`h day of April, 2009, in the City Council
Chambers, 130 S. Galena, 15 days prior to which public notice was published in a newspaper of
general circulation within the City of Aspen.
FINALLY adopted, passed and approved this 13`h day of April, 2009 by a vote.
Michael C. Ireland, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
Resolution _ B
Page 3
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a,
Exhibit A
Review Criteria & Staff Findings
26.308.010(B)1 Exemption from expiration of Vested Rights.
The City Council may by resolution at a public hearing noticed by publication, mailing
and posting approve an exemption of the expiration of vested rights in accordance with
this Section. Only subdivisions composed of detached residential or duplex units shall be
eligible for the exemption from the expiration provisions of Subsection 26.304.070.D. To
obtain an exemption, an application for exemption shall be submitted at any time prior to
the third ('/3) anniversary of the effective date of the development order which shall
demonstrate to the satisfaction of City Council that:
a. Those conditions applied to a project at the time of final approval that were to have
been met as of the date of application for exemption have been complied with;
Staff Finding: Staff finds the proposal complies with this standazd as the affordable
housing mitigation that was required for the entire subdivision was constructed and is
currently occupied, the Trail easement has been provided and a trail installed, as well as
other provisions of the ordinance.
b. Any public or private improvements that were required to be installed by the applicant
prior to construction of any dwelling unit have been installed.
Staff Finding: The final single-family dwelling unit in this subdivision has not been
constructed. If an exemption from the expiration of vested rights were approved, the
applicant could choose not to construct the single-family dwelling for 20 yeazs or for any
en rind of time. In the case that the single-family dwelling is not constructed for a
substantial period of time, the land use code may change dramatically during that period,
potentially requiring significant public improvements that would not apply to the
applicant.
The fundamental purpose of setting a term for vested rights is to allow the applicant some
level of assurance that new requirements will not be imposed, while allowing the City to
apply new requirements over the long-term in the event that the public through its
representatives deem them necessary. A permanent exemption of vested rights tends to
work against the rights reserved under the land use code to amend the title from time to
time. Staff finds the proposal does not fully comply with this standazd.
r, e
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Exhibit B
Review Criteria & Staff Findings
C. Extension or reinstatement of vested rights. The City Council may, by resolution at
a public heazing noticed by publication, mailing and posting (See Subpazagraphs
26.304.060[E][3][a][b] and [c]) approve an extension or reinstatement of expired vested
rights or a revoked development order in accordance with this Section.
1. In reviewing a request for the extension or reinstatement of vested rights the City
Council shall consider, but not be 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 has complied with required conditions. Staff finds this
criterion has been 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 the project to date, including efforts to obtain
necessary permits. Staff finds this criterion has been 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 has paid all required fees and constructed the affordable
housing that was required as mitigation. Staff finds this criterion has been 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: The needs of the applicant are served by gaining an extension of vested
rights. The needs of the City would be met by extending vested rights for a limited period
of three yeazs so that if changes to the land use code aze made after three yeazs with the
intention of providing added benefits to the community, the applicant would have to
comply with new requirements. Staff finds this criterion has been met.
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s
ti
VANN ASSOCIATES, LLC
Planning Consultants
Mazch 16, 2009
HAND DELIVERED
Ms. Jennifer Phelan
Aspen Community Development Department
130 South Galena Street
Aspen, CO 81611
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GOMf~UNITY ~DFVEIOPMENI
Re: Lot 1, Boomerang Lot Split Subdivision, Vested Rights Exemption
Deaz Jennifer:
Please consider this letter an application for City Council approval of an exemption
from expiration of vested rights for Lot 1 of the Boomerang Lot Split Subdivision (see
Exhibit 1, Pre-Application Conference Summary, attached hereto).
The application is submitted pursuant to Section 26.308.O10.B. of the Aspen Land
Use Regulations (the "Regulations") by 501 W. Hopkins, LLC (hereinafter "Appli-
cant"), the owner of the property (see Exhibit 2, Title Insurance Policy). Permission
for Vann Associates, LLC, Planning Consultants, to represent the Applicant is
attached as Exhibit 3. Aland use application form, an application fee agreement, and
list of property owners located within 300 feet of Lot 1 aze attached as Exhibits 4, 5
and 6, respectively.
Background
On April 10, 2006, the Ciry Council approved Ordinance No. 6 which rezoned a
parcel of land consisting of portions of Lots A through F, Block 32, City and
Township of Aspen, from R-15, Moderate-Density Residential to R-6, Medium-
Density Residential (see Exhibit 7). Ordinance No. 6 also granted subdivision
exemption approval to subdivide the property into two lots, which aze depicted as
Lots 1 and 2 on the Boomerang Lot Split Subdivision Exemption Plat (see Exhibit
A Subdivision Exemption Agreement for the Boomerang Lot Split Subdivision
memorializing the conditions of the rezoning and subdivision exemption approval
recorded with the Pitkin County Clerk in June of 2006 (see Exhibit 9).
8).
was
230 East Hopkins Ave. Aspen, Colorado 81611 970/925-6958 Fax 970(920-9310
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Ms. Jennifer Phelan
March 16, 2009
Page 2
Ordinance No. 6 and the Subdivision Exemption Agreement permitted the construction
of one single-family residence on Lot 1 and two single-family residences and a duplex
on Lot 2. The duplex consisted of two attached accessory dwelling units which were
required as affordable housing mitigation for the subdivision's three, free market
single-family residences. An administrative growth management quota system
- approval was granted by the Community Development Department for the develop-
- ment of the three single-family residences as provided for in Section 26.470.060.2. of
the Regulations.
The duplex on Lot 2 containing the required accessory dwelling units was completed
in July of 2008. The two units have been deed restricted and sold in accordance with
the Aspen/Pitkin County Housing Authority's guidelines and are both presently
occupied by their owners. The two single-family residences on Lot 2 are currently
under construction and are expected to be completed this summer. A building permit
has been issued for the single-family residence on Lot 1. Micropiles have been
installed for soil stabilization purposes, and excavation of the basement was nearly
completion prior to the Applicant's decision to delay construction on the subdivision's
remaining single-family residence. The Boomerang Lot Split Subdivision's vested
rights status expires on April 28, 2009, or three years from the Community Develop-
ment Department's issuance of the Development Order for the project (see Exhibit
10).
Vested Rights Exemption
Pursuant to Section 26.308.O10.B. of the Regulations, The City Council may by
resolution at a public hearing approve an exemption of the expiration of vested rights
for subdivisions composed of detached residential or duplex units. To obtain an
exemption, an application for exemption must be submitted prior to the third anniver-
sary of the effective date of the Development Order. In addition, the application must
demonstrate compliance with the following criteria.
1. Those conditions applied to a project at the time of fmal approval
that were to have been met as of the date of application for exemption have been
complied with; and
The applicable requirements of City Council Ordinance No. 6, Series of 2006
that were to have been met prior to the date of this application have been met. The
required subdivision exemption plat and agreement were recorded in 2006. The
requirements of the ordinance that were a prerequisite to issuance of building permits
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Ms. Jennifer Phelan
March 16, 2009
Page 3
(e.g., payment of applicable impact, park development and school land dedication
fees, etc.) for the two single-family residences and affordable housing duplex on Lot 2
were met as required. A determination of compliance with the City's residential
design standards was made for these units prior [o building permit issuance, and the
units have been constructed consistent with their conditions of approval. A building
permit has also been issued for the remaining single-family residence on Lot 1 and all
requirements of the ordinance with respect thereto have also been met. The required
public trail easement on Lot 2 is depicted on the Subdivision Exemption Plat.
2. Any public, or private improvements that were required to be
installed by the applicant prior to construction of any dwelling unit have been
installed.
The only public improvement that was required to be installed by the Applicant
is curb and gutter along the property's West Hopkins Avenue frontage. Based on my
conversation with Brian Flynn of the City's Parks Department, the decision has
apparently been made to forego installation of curb and gutter in this location. A
similar decision was also apparently made in connection with the development of the
adjacent Little Ajax affordable housing complex. Instead, a landscaped buffer with
street trees and a shallow drainage Swale has been installed by the City between the
West Hopkins Avenue Trail and the edge of the existing street pavement. The
Applicant, however, will install curb and gutter prior to issuance of certificates of
occupancy for the two single-family residences on Lot 2 in the event required.
As discussed above, a building permit has been issued for the single-family residence
on Lot 1. All associated fees have been paid and development of the lot commenced
prior to the Applicant's decision to delay construction in light of the current economic
climate. Given the substantial costs involved in obtaining the building permit for Lot
1 (e.g., architectural fees, building permit fees, impact fees, etc.), and the fact that
the Applicant commenced construction in reliance thereon, a reasonable argument can
be made that the development rights for Lot 1 are common law vested subject to the
conditions of the prior subdivision approval and the recorded Subdivision Exemption
Agreement.
Such vesting is further substantiated by the fact that all applicable conditions which
were required to be met prior to building permit issuance have been met including the
construction of the required affordable housing units. As a result, there would appear
to be no reasonable basis for not exempting Lot 1 from the expiration. of the statutory
vested rights granted pursuant to Ordinance No. 6.
Ms. Jennifer Phelan
March 16, 2009
Page 4
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Should you have any questions, or require additional information, please do not
hesitate to call.
Yours truly,
cc: Leonard M. Oates, Esq.
John Provine
d:\oldc\bus\city.app\app54109.exe
Attachments
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EXHIBIT
CITY OF ASPEN f
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Errin Evans, 429-2745 DATE: 03.11.2009
PROJECT: 501 West Hopkins -Vested Rights Exemption
REPRESENTATIVE: Sunny Vann
Tel: 925-6958
vannassociates@c:omcest.net
DESCRIPTION
The Applicant would like to request an exemption of expiration of vested rights for Lot 1 of the Boomerang Lot
Split. The project consists of moved affordable housing and free market residential structures. Lot 2 has
already been developed vrith two free market units and two affordable housing units. Lot 1 has yet to be
developed. The conditions of approval for the project have been recorded on the Boomerang Lot Split
Exemption Plat as per Ordinance No. 6, Series of 2006. The dimens'bnal requirements, growth management
mitigation requirements, and residential design standards are outlined in the land use code. The only items
pertinent to Lot 1 that are not included in the code requirements pertain to landscaping, the driveway and curb
and gutter requirements. To request an exemption from the expiration of vested rights, the applicant must
submit an application to the City Council at a publ'~c hearing.
Land Use Code Section(s)
26.304.030 Common Development Review Procedures
26.308.010 Vested Property Rights
http:Ilwww.asaenaitkin.comldeptsl381citvcode.cfm
Review by: -Staff for complete application
- Referral agencies for technical considerations
-City Council
Planning Fees: $1470 Deposit for 6 hours of Staff time + $212 Engineering Minor Review (additional
planning hours over deposit amount are billed at a rate of $2351hour).
Total Deposit: 51682
To apply, submit the following information:
1. Total deposit for review of the application.
2. Proof of ownership.
3. Completed Land Use Application Form.
4. A letter signed by the applicant, with the applicant's name, address and telephone number in a
letter signed by the applicant, which states the name, address and telephone number of the representative
authorized to act on behalf of the applicant.
5. Signed fee agreement.
6. Pre-application conference summary.
7. Street address and legal description of the parcel on which development is proposed to occur,
consisting of a current certificate from a title insurance company, or attorney licensed to practice in the
State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens,
easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply
for the Development Application.
8. 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.
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9. An 8 1 /2° by t 1 ° vicinity map locating the parcel within the City of Aspen.
10. Additional application material as required for each specific review. (See application packet and
land use code)
11. Approved development plans on which vested rights are to be extended.
12. Copies of prior approvals.
13. 11 Copies of the complete application packet and maps.
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 mayor
may not be accurate. The summary does not create a legal or vested right.
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Ame ~-tand Title Association Owner's Policy (10-17A2) - G ~'m
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Issued By
Attorneys ?itle Insurance Agency of Aspen, LLC
(Membefs Name)
715 West Main Street, Suite 30~
(Address)
f\spen, Colorado 81611
(970} 925-7328
(Telephone)
Attorneys
Title Guaranty
l=and, Inc.
The Colorado Lawyers' Organization for Title Insurance
OWNER'S _
POLICY OF TITLE INSURANCE
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, Attorneys Title Guaranty Fund, Inc., a Cobrado corpo-
ration, herein called the Comparry, insures, as Date of Policy shown in Schedule A, against loss or damage, no[ exceed-
ing the Amount of Insurance staled in Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described.ih Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketabiliry of the title;
4. Ladc of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expense incurred in defense of the title, as insured, but only
to the extent provided in the Conditions and Stipulations.
IN WITNESS WHEREOF the Company has caused this Policy [o be signed and sealed, to be valid when Schedule A
is countersigned by an authorized officer or agent of the Company all in accordance with its By-Laws.
ATTEST: u ATTORNEYS-TITLE GUARANTY FUND, INC.
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/-G 7./ /~-~y.__ OsEaL ~f
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Judith A. Hart, Assistant Secretary Christopher J. Condie, President
This
or
B and be duly validated by this signature:
-----..OP 581332 0
OWNER'S POLICY
SCHEDULE A
Order No: PC070025d2
Amount of Insurance: 59,250,000.00
Uate of Policy: October 31, 2007, 3:22pm
I. Name of Insured:
501 W. Hopkius, LLC,~a Colorado limited liability company
2. The estate or interest in dte land which is covered by this policy is:
Fee Simple
3. Title to the estate or interest in the land is vested in:
501 W. Hopkins, LLC, a Colorado limited liability eompsay
d. 'the land referred to in this policy is described as follows:
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Pulicy No.: OP58I332
Issued with Pulicy No.: MPI 109231
Premium: 57,178.75
Lots 1 and 3 Boomerang Lot Split Subdivision Ezemplion Plat accordng to the Plat thereof recorded
June 16, 2006 in Plat Book 79 at Page 70 as Reception No. 525370, Pitkin County, Colorado.
Attorneys Title lnesurance Agency of Aspen, LLC
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A orized Otrcer or Agent
ember Number 2622
Attorneys Title Guaranty Fund, Inc. This policy is invalid uttkss the cover skeet, I':toc I
Schedule A and Schedule B are attacheJ.
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OWNER'S POLICY
SCHEDULE B
Date of Policy: October 31, 2007
Policy No. OP581332
Order No: I'CU7UU2542
'Phis policy does not insure against loss or damage (and the Company will not pay costs, a[torneyi Ices or expenses)
which arise by reason of
I. Rights or claims of parties itt possession not shown by the public records.
2. Easements or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments and any facts which a
correct sun•ey and inspection of the premises would disclose and which are not shown by the public
records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hcrcaRer furnished, imposed
by law and not shown by [he public records.
5. Taxes for the year 2007 and subsequent years. Taxes not yet due or payable.
6. Deed of Trust dated October 30, 2007 from 501 W Hopkins, LLC, a Colorado Limited Liability
Company to the Public Trustee of Pitkin County for the use of Alpine Bank, A Cobrado Banking
Company to secure the swn of $7,400,000.OU recorded October 31, 2UU7 as Reception Nu. 5437U5.
7. Terms, conditions, obligations and provisions as rnnlairted in Deeds recordtd June 28, I88G in Book
41 at Page 18, July 26, 1888 in Book 59 at Page 476, July 26, 1888 in Book 59 at Page 58G, and April
4,1892 in Book 79 at Poge 43.
8. Tentts, conditions, obligations and provisions as contained itt Deed Restriction recorded Septctttber 7,
1999 as Reception No. 435272.
9. Terms, conditions, obligations and provisions as contained in Easement recorded April I8, 20U3 as
Reception No. 481651.
10. Any rights, easements, interests or claims which tnay exist by rcawn of or re0ec[esl by the following
facts shown on [he sun•ey dated July IU, 1998, by Aspen Survey Engineers recorded in Plat book 51
at Page 28.
11. Any rights, easements, interests or claims which may exist by reason of or reflected by the following
facts shown on the survey dated December 18, 2000, by Aspen Survey Engineers recorded itt flat
Book 65 at Page 45.
12. Easements, rights of way and other matters as set forth on [he Plat of Boomerang P.U.0., Block 32,
Ciq• of Aspen, Colorado recorded Plat Book 65 at Page 37.
13. Terms, conditions, obligations and provisions as contained in PUD Agreement for the Boomerang
Lodge Extension Project recorded May 14, 2003 as Reception No. 482688.
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Attorneys Title Guaranty Fund, Inc. Page 1
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Policy No.: OP581332
IS. Terms, conditions, obligations and provisions as contained in Ordinance No. 6, Series of 21106
recorded June 16,2005 as Reception No. 525368.
I5. Terms, conditions, obligations and provisions as contained in Subdivision Exemption Agreement fur
Boomerang Lot Spat recorded June 16, 2006 as Reception No. 525369.
16. Easements, rights of way and other matters asset forth oo the Plat of Boomerang Lot Split
Subdivision Exemption Plat recorded Pla[ Book 79 at Page 70.
Attorneys Title Guaranty Fund, Inc. ~,~c
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ENDORSEMENT
Attached to Policy No. OP581332
Issued by
ATTORNEYS TITLE GUARANTY FUND, INC.
COLORADO FORM 130
Provided there is situated on the land described under Schedule A of the Policy a single family residence,
the Policy is hereby amended as follows:
Notwithstanding anything therein to the contrary, the Policy insures against loss or damage by reason of
the following:
1. Any unfilled lien for labor or material furnished for improvements on the land (except for any such lien
arising out of construction contract for or assumed by the Insured), provided construction of all
improvements are completed at Date of Policy.
2. Rights or claims of parties in possession of the principal dwelling.
3. The enforced removal of the principal dwelling on account of:
(a) any encroachment of said principal dwelling onto adjoining lands or onto any easement shown as
an exception in Schedule B or onto any unrecorded subsurtace easement,
(b) any violation of building setback lines or covenants, conditions or restrictions referred to in
Schedule B of the Policy,
(c) any violation of any zoning ordinance if the land is used only for a single family residence.
The term 'principal dwelling" means any single family residential structure on the land whether detached
or not If the principal dwelling is a condominium unit it refers to the space within the boundaries of the
unit Additional improvements and areas such as outbuildings, detached garages, fences, driveways.
retaining walls, plants and common areas are no[ inGuded within this definition. The term "zoning
ordinance' does not include building codes, occupancy regulations and subdivision laws.
This endorsement is made a part of said policy and is subject to all the terms and provisions thereof and
of any prior Endorsements thereto. Except to the extent expressly stated, it neither modifies any of the
terms and provisions of this Policy and any prior Endorsements, nor does it extend the effective Date of
Policy and any prior Endorsements, nor does it increase the face amount thereof.
ATTORNEYS TITLE GUARANTY FUND. INC.
Dated: October 31, 2007
By
~~ EXHIBIT
...
Mazch 11, 2009
Ms. Jennifer Phelan
Community Development Department
130 South Galena Street
Aspen, Colorado 81611 `
Re: Permission to Represent
Deaz Ms. Phelan:
Please consider this letter authorization for Sunny Vann of Vann Associates, LLC,
Planning Consultants, to represent us in the processing of our application for an exemp-
tion from vested rights expiration for Lot 1 of the Boomerang Lot Split Subdivision.
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,
501 W. HOPKINS, LLC
~. ~ .
John Provine, Managing Member
P.O. Box 8769
Aspen, Co 81612
(970) 948-0813
d:\oldc\bus\city.l V\Itr54109.jp 1
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LAND USE APPLICATION
APPLICANT:
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Name: ~.~Y bt/ /~~ ~.1~
Location:
(Indicate street address, lot & block number, le al descri tion where a ro riate)
ParcellD # (REOUIREDI _ - -GG-~/
REPRESENTATIVE'
Name: ~Ge~i'(/~ /~f T~
Address: 238 ~`,Tri~/~ ~ ~~CO ~/(~,/~
4Zs-~~s8
Phone #:
PROJECT'
Name: ~~ f~Xi~r~f~~~,>/'L~lT~SL~7/\//$/b~
Address:
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 Designafion
^ ESA - 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Small Lodge Conversion/
Mazgin, Hallam Lake Bluff, condominiumization) Expansion
Mountain View Plane
^ Lot Split ^ Temporary Use Other:l/~T~~
^ Lot Line Adjustment ^ TexUMap Amendment /'~/G~y~`j~ ~(~'7~7~/°r/~~
EXISTING CONDITIONS:
PROPOSAL: (description of
Hay.~you attached the following? FEES DUE: $
~" e-Application Conference Summary
attachment #1, Signed Fee Agreement
/(~~ ^ sponse to Attachment #3, Dimensional Requirements Form
Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standazds
.~J EXHIBIT
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Aereement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and ~"~p~ ~~/ ~J~-/ 7~~~. ~~
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. U AP,~LICAjT~u mi_ ttgd to CIT~a lic i~~l /
(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 heazings 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 aze necessary as costs aze 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 fmdings 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 determination of application 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 agees 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
APPLICANT
By, N /~
Dat . ~ //_"1Ta~
Billing Address and Telephone NCumber:
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` ~ EXHIBIT
Easy Peel® Labeh • ~ send ahoy 8ne to
Use Avery® Template 5160® Feed Paper a:Pose Pop-Up Edger" ,
430 WEST HOPKINS CONDO ASSOC 501 W HOPKINS LLC 501 WEST MAIN LLC
COMMON AREA PO BOX 8769 532 E HOPKINS AVE
432 W HOPKINS AVE ASPEN, CO 81612 ASPEN, CO 0
ASPEN, CO 81611
ALEXANDER JOAN P ALPINE BANK ALPINE BANK
739 25 RD ATTN ERIC GARDEY ATTN JEAN MOORE
GRAND JUNCTION, CO 81505 PO BOX 10000 600 E HOPKINS AVE
GLENWOOD SPRINGS, CO 81602 ASPEN, CO 81611
AMAYA JOSE ANTONIO ANGELOV DIMTAR S 8 DANIEL D ASPEN FSP ABR LLC
ARGUETA BLANCA EDITH 605 W HOPKINS AVE #209 11921 FREEDOM DR #950
605 W HOPKINS AVE #103 ASPEN, CO 81611 RESTON, VA 20190
ASPEN, CO 81611
BARYON META PACKARD BRIDGE WILLIAM 8 JOSEFINA BROOKS NORMAN A 8 LESLEE S
4475 N OCEAN BLVD APT 43A 2075 SHERWOOD DR 16311 VENTURA BLVD #690
DELRAY BEACH, FL 33483 CAMBRIA, CA 93428 ENCINO, CA 91436
CARROLL MEREDITH COHEN CARTER RICHARD P ' CHRISTIANA UNIT D101 LLC
CARROLL ARTHUR RICHARD 400E 3RD AVE #804 ' GO FRANKLIN ST PARTNERS LLC
605 W HOPKINS AVE #210 DENVER, CO 80202 215 ZOE WY ""'
ASPEN, CO 81611 MIAMI, FL 33140
- - -- _ '~
CITY OF ASPEN
CHUCHMAN GEORGE S ATTN FINANCE DEPT CORTALE ITA
PO BOX 2800-355 130 S GALENA ST 205 S MILL ST #112
GU2EFREE, AZ 85377 ~ ASPEN, C0 81611 ASPEN, CO 81611
EMERICK SHELLEY W ERICKSON A RONALD FARR CHARLOTTE
2449 5TH ST 605 W HOPKINS AVE #211 306 MCCORMICK AVE
BOULDER, CO 80304 ASPEN, CO 81611 CAPITOLA, CA 95010
FINE FREDRIC N & SONDRA - FRANSEN ERIN M & GREGORY H
412 MARINER DR PO BOX 5082
JUPITER, FL 33477 GILLETTE, WY 0
GOLDMAN DIANNE L H & H PROPERTIES LLLP
PO BOX 518 807 W MORSE BLVD STE 101
FAIRFIELD, CT 6824 WINTER PARK, FL 0
JEWISH RESOURCE CENTER CHABAD JOHNSTON FAMILY TRUST
OF ASPEN 2018 PHALAROPE
PO BOX 12099 COSTA MESA, CA 92626
ASPEN, CO 81612
GOLDENBERG STEPHEN R & CHERYL J
430 W HOPKINS AVE
ASPEN, CO 81611
tIAYMAN JULES ALAN
9238 POTOMAC SCHOOL DR
POTOMAC, MD 20854
KELLY KIM
605 W HOPKINS AVE #202
ASPEN, CO 81811
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KONIG DEBORAH
HANSON KIM
605 W HOPKINS AVE #203
ASPEN, CO 81611
LES7ER JAMES
229 CHRYSTIE ST #1417
NEW YORK, NY 10002
MADSEN MARTHA W
608 W HOPKINS AVE APT 9
ASPEN, CO 81611
NELSON TREVOR T 8 ROSE MARIE
605 W HOPKINS #207
ASPEN, CO 81611
PERRY EMILY V
PO BOX 11071
ASPEN, CO 81612
SCOTT BUILDING CONDO ASSOC
COMMON AREA
400 W HOPKINS AVE
ASPEN, CO 81611
SHERWIN ENTERPRISES LLC
GO JENNIFER SHERWIN
1714 VISTA ST
DURHAM, NC 27701
SUBOTKY JULIE E
55 WEST 14TH ST #15L
NEW YORK, NY 10011
VANDERSCHUIT FAM TRUST
5836 WAVERLY AVE
LA JOLLA, CA 92037
WENDT ROBERT E II
350 MT HOLYOKE AVE
PACIFIC PALISADES, CA 90272
~tiqutettes faciles ~ peter
U80sez le aaharit AVERY 4160®
KURKULIS PATSY 8 PAUL R
605 W HOPKINS AVE #201
ASPEN, CO 81611
LITTLE AJAX CONDOMINIUM ASSOC
605 W HOPKINS #006
ASPEN, CO 81611
MARSHALL ALISON J 8 JOSHUA W
605 W HOPKINS AVE #212
ASPEN, CO 81611
NIX ROBERT F
323 VINE ST
ASPEN, CO 81611
ROLAND DANIEL P 8 LEAH S
605 W HOPKINS AVE #102
ASPEN, CO 81611
SCOTT MARY HUGH
RUSSELL SCOTT III 8 CO LLC
5420 S QUEBEC ST #200
GREENWOOD VILLAGE, CO 80111
SMITH ANDREW C 8 DONNA G
3622 SPRINGBROOK ST
DALLAS, TX 75205
TODD SHANE
PO BOX 2654
ASPEN, CO 81612
VERNER DANIEL A 8 MERYLE
2577 NW 59TH ST
BOCA RAYON, FL 33496
LAMB JENNIFER C 8 TIMOTHY E
605 W HOPKINS AVE #204
ASPEN, CO 81611
LOT 2 BOOMERANG LOT SPLIT
PLANNED COM OWNERS ASSOC
533 E HOPKINS AVE 3RD FL
ASPEN, CO 81611
MOLLER DIANE T
4032 CRYSTAL BRIDGE DR
CARBONDALE,CO 81623
OHARROW SIOBHAN P
605 W HOPKINS AVE #208
ASPEN, CO 81611
SCHALL FAMILY TRUST 8/31/1998
15518 ST MORITZ DR
TARZANA, CA 91356
SHADOW MTN CORP
GO FINSER CORP
', 7321 N.W. 75TH STREET
MEDLEY, FL 33166
STASPEN LLP
GO JOHN STATON
1180 PEACHTREE ST NE
ATLANTA, GA 0
TOMS CONDO LLC
GO BRANDY FEIGENBAUM PC
132 MIDLAND AVE #4
BASALT, CO 81621
WASHBURN LYNN S
iERRELL SERENE-MARIE
605 W HOPKINS AVE #205
ASPEN, CO 0
WERLIN LAURA B TRUST WHITNEY KURT A 8 JACQUELINE
2279 PINE ST PO BOX 5950
SAN FRANCISCO, CA 94115 SNOWMASS VILLAGE, CO 0
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MINI ~ EXHIBIT
IIINIIii~~INIflIiIIIN~II~iI~~I~gIN~HIi~ 06~//16/2000 03'58
JPNICE K VOS CRUDILL PITKIN COUNTY c0 R 36.00 D 0.00
ORDINANCE N0. 6
{SERIES OF 2006)
A:Y ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL REZONING THE
"BOOMERANG VACANT PARCEL" TO THE R-6 (MEDIUM-DENSITY
RESIDENTIAL) ZONE DISTRICT AND APPROVING A LOT SPLIT, CREATING
LOTS 1 AND 2 OF THE BOOMERANG LOT SPLIT, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
Parcel ID:1735-I14-6001
WHEREAS, the Community Development Department received an application
from Aspen FSP-ABR, LLC, requesting to rezone the "Boomerang Vacant Parcel" located
on the south side of W. Hopkins Avenue, containing portions of Lots A-I, Block 32, City
and Towtlsite of Aspen from the R-15 (Moderate-Density Residential) Zone District with a
PUD and Lodge Preservation Overlay to the R-6 (Medium-Density Residential) Zone
District and requesting approval of a Lot Split to divide the 19,737 square foot property into
a parcel of approximately 12,237 square feet and a parcel of approximately 7,500 square
fcet; and,
WHEREAS, upon review of the application, the applicable code standazds, the
Community Development Department recommended approval with condition of the
proposed rezoning and lot split application; and,
WHEREAS, the Aspen Planning and Zoning Commission reviewed and considered
the development proposal during a duly noticed public hearing opened on January 17,
2006, and continued to January 24, 2006. The Planning and Zoning Commission
approved Resolution No. 3, Series of 2006, by a five to one (5-1) vote, recommending
that City Council rezone the subject property to the R-6 Zone District, and recommending
that City Council approve the requested lot split with conditions, under the applicable
provisions of the Municipal Code as identified herein; and,
WHEREAS, the City Council finds that the development proposal meets or
exceeds ail applicable development standards and that the approval of the development
proposal 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 welfaze.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCH, OF THE
CITY OF ASPEN. COLORADO THaT~
Section 1:
Pursuant to the procedures and standards set forth in Land U~ Section 26.310, Amendments
to the Land Use Code and Official Zone District Map, the City Council hereby rezones the
"Boomerang Vacant Parcel" containing portions of Lots A-l, Block 32, City and Townsite
of Aspen, from the R-15 (Moderate-Density Residential) Zone District with PUD and Lodge
Preservation Overlays to the R-6 (Medium-Density Residential) Zone District.
Ordinance No. 6, Series of 2006
"Boomerang Vacant Parcel" Lot Split and Rezoning, Page 1
~-.
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SeCUOO Z' JMlICE K Vos GiW]LL PiTKTN COUNTY LO R 38.00 D 0.00
Pursuant to the procedures and standards set forth in Land Use Section 26.480.030(Ax2),
Subdivision Exemptions: Lot Split, the City Council approves a lot split to divide the
"Boomerang Vacant Parcel" into Lot 1 of approximately 7,500 squaze fcet and Lot 2 of
approximately 12,237 square feet for the construction. of a total of three (3) detached
dwelling units, with the conditions contained herein. Lot 1 is limited to one (1) single family
residence and Lot 2 is limited to two (2) detached free mazket residences, plus two ADU/CH
units attached to one-another. All dimensions including allowable floor area and the manner
in which ADU/Carriage Houses are calculated, shall be as specified in the Aspen Land Use
Code, as maybe amended from time to time.
Section 3: Subdivision Exemotioo Plat
The Applicant shall submit and record a subdivision exemption plat that meets the terms
of Land Use Code Section 26.480 in the office of the Pitkin Cotmty Clerk and Recorder
no later than 180 days after final approval is obtained. The Lot Split Plat shall cleazly
label the proposed lot line that separates Lot 1 from Lot 2, housing type and density per
lot, and show all easements of record. The plat may also include a note indicating that
the land azea contained within the trail easement shall not be excluded from the
calculation of Lot Area.
Section 4: Subdivision Exemotion Agreement
The Applicant shall submit and record a subdivision exemption agreement that meets the
temts of Land Use Code Section 26.480.030, in the office of the Pitkin County Clerk and
Recorder no later than 180 days after final approval is obtained.
Section 5: Building Permlt Apalication
The building permit application for each of the residential units shall include thc
following:
i. A copy of the final Ctrdinance and P&Z Resolution.
2. The conditions of approval printed on the cover page of the building permit set.
3. A completed tap permit for service with the Aspen Consolidated Sanitation
District.
4. 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. The tree removal permit application shall be accompanied by a
detailed landscape plan indicating which trees aze to be removed and new
plantings proposed on the site. Additionally, aright-of--way landscaping plan
shalt be provided as part of the building permit application identifying that any
trees removed from the right-of--way will have to be relocated. Any disruption or
damage to the right-of--way irrigation system during construction shall also be
repaired to the satisfaction of the Parks Department.
lhdiisanee No. 6, Series of 2006
"Boomerang V avant Parcel" Lot Split and Remising, Page 2
~.
I~I~~ ~I ~II ~,I 11~111,.IIt 11~ ~ ~ IIII i,ll 06632006 03:5!
JfU~1CE K VOS CaUDILL DIiKIN CDUNTr CO R 30.00 D 0.00
5. A drainage plan, including an erosion control plan, prepazed by a Colorado
licensed Civil Engineer, which maintains sediment and debris on-site during and
after construction. If a ground rechazge system is required, a soil percolation
report will be required to correctly size the facility. A 5-year storm frequency
should be used in designing any drainage improvements.
6. A construction management plan pursuant to the requirements of the Community
Development Department. The construction management plan shall include a
plan for protecting the Midland and W. Hopkins Avenue Trails during
construction. This plan shall be reviewed-and approved by the Pazks Department
prior to building permit issuance.
7. A fugitive dust control plan to be reviewed and approved by the City Engineering
Department.
Section 6: Growth Manaeemeat Allotments
The Applicant shall obtain Administrative Growth Management approval and provide
affordable housing mitigation by developing one (1) "for sale" accessory dwelling unit or
carriage house per lot, as contained within the Applicant's proposal. The ADU/Carriage
House unit mitigating the Lot 1 development shall contain between 750 and 1200 squaze
feet of net livable azea and be located on Lot 2; the ADU/Carriage House mitigating the
Lot 2 development shall contain bttwcen 750 and 1200 square feet of net livable area and
be located on Lot 2. This mitigation will be acceptable mitigation for each of the
residential dwelling units to be constructed on Lots 1 and 2 of the lot split pursuant to
Land Use Code Section 26.470.040(B)(1), Administrative Growth Management Review:
Detached single family or duplex dwelling units, as amended from time to time.
Section 7: Use and Dimensional Requirements
The lots created by the lot split shall be subject to the use and dimensional requiremrnts
of the Medium-Density Residential (R-6) Zone District and as specified in Section 2 of
this ordinance. The free mazket residential dwelling units to be developed on Lot 2 shall
be constmcted as two (2) detached dwelling units rather than in a duplex configuration;
the "for sale" ADU/Carriage House units shall be developed in a duplex configuration.
Section 8: Design Standards
All residential dwelling units (free market and affordable) to be constructed on Lots I and
2 shall meet the residrntial.design standazds in place at the time ofbuilding permit, unless
any vaziance(s) is duly obtained. In addition, the ADU/Carriage House units on Lot 2
shall also meet the ADU Design Standards contained in Section 26.520.050 of the Code,
unless any variance(s) is duly obtained or where a stricter standard is specified within this
ordinance.
Section 9: Vehicnlar Access
Vehicular access to Lot 1 shall be taken from the South Fourth Street stub located
directly to the east of the property. There shall not be any vegetation taller than 30 inches
Ordinance No. 6, Series of 2006
"Boomerang Vacant Parcel" Lot Spli[ and Rezoning, page 3
II n 'NUI n~gl~ IYI 525_8
I~~I~~III ~II1fl ~~ I~ Ip~l ~~ Ill „ail ~ i~~ 060/ i6/2006 03:5:
.1FlNICE K VOS CRUDIIL PIrKiN CIXINTY CO R 36.00 D 0.00
from existing grade planted within the area fifteen (IS) feet south or north of the
driveway to be accessed from 4`" Street, at the property line or in the public right-of--way
to maintain a sufficient view corridor for trail users to see vehicles crossing the trail. The
Applicant shall also relocate the existing Midland Trail sign to the south side of the
driveway and attach a new sign on the backside of the Midland Trail sign indicating the
presence of the driveways crossing the trail to trail users.
Vehicular access to Lot 2 shall be taken from West Hopkins Avenue via a single curb cut.
The residential units on Lot Z shall shaze a single driveway and the curb cut shall be
designed and constructed such that it will not provide a net loss in on-street parking in the
W. Hopkins Avenue Right-of--Way (it may be necessary to reconstruct and realign a
portion of the existing sidewalkRrail to ensure no net loss of on-street parking). The
driveway access shall meet the City Engineering Department's standards for drive ramps.
The driveway entrance points shall be in substantially the same location as they aze
shown in the addendum to the application.
Section 10: Curb and Getter
The Applicant shall construct curb, and gutter along the West Hopkins Avenue frontage
of the property being divided prior to issuance of a certiScate of occupancy for any of the
units in the project. The timing of this installation may be changed if approved by the
City Engineer. If the W. Hopkins Pedestrian Trail is altered during construction, the
Applicant shall repay the trail to the condition it was in prior to construction while
allowing for the potential for modest realignment.
The radii of the curb cut shall be the min;mal that functions for the purpose of a
driveway. The applicants shall gain approval Crom the Community Development
Engineer to determine an appropriate sizing.
Section 11: Trail Easement
The Applicant shall grant a four (4) foot wide public trail easement to the City of Aspen
along the western side property line of Lot 2 and on Ute westernmost 90 feet of Lot 2,
running directly adjacent to the southern property line. A slightly wider easement shall
be granted at the southwest comer of Lot 2 to allow for a moderate turning radius on the
trail. The exact location of this easement shall be approved by the Pazks Department
prior to recordation of the final subdivision exemption plat. This easement shall be
shown on the subdivision exemption plat and shall be described in the subdivision
exemption agreement. The easement shall not affect allowable FAR, density, setback
requirements, or other dimensional requirements.
Section 12: Landscaoine
The Applicant shall install a tree root barrier on the trees that aze to be planted within ten
(10) feet of the W. Hopkins trail to prevent future root damage and trail upheaval. The
Applicant shall also install tree saving construction fences around the drip line of any
trees to be saved subject to the following provisions:
lhdinantt Ivo. 6, Series of 2006
"Boomerang V scant Parcel" Lot Split and RezoDing, Page 4
IllyrNINNlUNNINlN~lNINNINIiII ~9~~~ a3 5,
JNNICE K VOS CM/0ILL VITKIN COUlrv CO R 36.00 D 0.00
a. The City Forester or his/her designee must inspect this fence before any
constmction activities commence.
b. No excavation, storage of materials, storage of construction equipment,
construction backfili, foot or vehicular traffic shall be allowed within the drip line.
Section 13: Soil Subsidence snd Rock Fall Aazards
The Applicant shall submit geotechnical and soil stability reports performed by a
qualified, licensed engineer demonstrating the land is suitable to handle the proposed
development. The Applicant shall also submit a report from a qualified, licensed
engineer demonstrating that rock fall from the slope above the proposed development
will be sufficiently mitigated to prevent rock fail hazards. This report shall be submitted
for review by the Community Development Department prior to the issuance of full
structural building permits.
Section 14: Fire Mitigation
The Applicant shall install a Ere sprinkler system that meets Ute requirements of the
Aspen Fire Marshal in any residential unit that is 5,000 square feet or more. Use of
charcoal grills shall be prohibited in this development because of fire danger concerns.
This prohibition shall be included in the Subdivision Exemption Agreement for the
development.
Section 15: Asnen Consolidated Sanitation District RMnirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. No cleaz water connections (rood foundation, perimeter drains) to ACSD
lines shall be allowed.
Parlr Development Impact Fees shall be assessed on each residential unit constructed on
Lots 1 and 2 at the time of building permit issuance. The park development impact fees
shall be calculated by the City Zoning Officer at the time of building permit issuance
using the fee schedule in place at said time.
School Land Dedication Fees shall be assessed on the proposal pulsuant to Land Use
Code Section 26.630, School Lands Dedication, and a propottionate amount of all
applicable impact fees shall be due at the time of building permit issuance for each
residence within the l02 split.
Other Impact Fees, as applicab]e, shall be due at the time of building permit application
submittal.
SeMion 17: Ezterior Liohting
All exterior lighting shall meet the City's Lighting Code Requirements pursuant to Land
Use Code Section 26.575.150, Outdoor Lighting.
Section 18: Previous Aonrovals
Upon recordation of the subdivision exemption plat, the previous approvals including
PUD, Subdivision and any others associated with the subject property will become
Ordinance No. 6, Series of 2006
"Boomerang Vacant Parcel" Lot Split and Rezoning, Page 5
II~III VIII ~~III Illlil IIIIIII II,RI ~II IIII~ ~I IIII 066/2006 ~5:
JPNICE K VOS CaUDILL PITKIN COUNTY CO R 30.00 D 0.00
vacated, null and void for good cause found, and the provisions of this approval will be in
place.
Section 19: Vested Property ltiehts
The development approvals granted herein shall constitute asite-specific development pian
vested for a period of three (3) years from the date of issuance of a development order.
No later than fourteen (14) days following final approval of all requisite reviews necessary to
obtain a development order as set forth in this ordinance, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundazies of the
City of Aspen, a notice advising the general public of the approval of a site specific
development plan and creation of a vested property right pursuant to this Title. Such notice
shat! be substantially in the following form:
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right, pursuant to the Land Use Code of the
City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the
following described property: Portions of Lots A-I, Block 32, City and Townsite of
Aspen, by Ordinance No. 6, Series of 2006, of the Aspen City Council.
Section 20•
All material representations and commitments made by the applicant ptusuant to the
development proposal approvals as herein awazded, whether in public hearing or
doLVmentation presented before the Planning and Zoning Commission or City Council, are
hereby incorporated in such plan developmem approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
Section 21•
This ordinance 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 22:
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 23•
A public hearing on the ordinance shall be held on the 27dt day of March, 2006, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen days prior to which hearing a
public notice of the same shall be published in a newspaper of genaal circulation within the
City of Aspen.
Ordinance No. 6, Series of 2006
"Boomerang Vacant Parcel" t.ot Split and Rezoaiag, Page 6
~~~~~~~ IJU~iINNHlllll~lil~~~~~~11 6~536''r`DS s.
JiKJTCE K VOS CaUDTLL PSTKIN COUNTY CO R 36.00 D 0.00
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 13'" day of February 2 6.
en Kahn a Mayor
ATTEST:
_~ ,
Kathryn S.1 c ,City Clerk
FINALLY, adopted, passed and approved this 10th day of April, 2006.
len de d, Mayor
ATTEST:
~ /
~i .~ A 9~a ~.(
ICatltryn S. K~grcl[, City Clerk
APPROVED AS TO FOR'~t:
. Worcester, Cfty Attorney
lkdinsnce No. 6, Series of 2006
"Boomerang Vacant Parcel^ Lot Split and Retuning, Page 7
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SUBDIVISION EXEMPTION AGREEMENT
FOR THE BOOMERANG LOT SPLTT
EXHIBIt
9
THIS SUBDIVISION EXEMPTION AGREEMENT (this "Agreement") is
made tins _~ day of i....u , 2006, between ASPEN FSP-ABR, LLC, a
Delawaze Limited Liability Company (the "Owner's and THE CTTI' OF ASPEN, a
municipal corporation (the "City'.
RECITALS:
WHEREAS, Owner owns that certain real properly (the "Property") located on
the south side of West Hopkms Avenue between South Fourth Street and South Fifth
Street (Parcel Identificaiioa Number 2735-124-49-002) in the City of Aspen, Couniy of
Pitkin, State of Colorado, described as:
That part of Lots A, B, and C lying northerly of Line 7-8 of the City and
Townsite of Aspen (According to the 1978 Resurvey by the Bureau of
Land Management), except the southerly 20 feet thereof and the nortb• 80
feet of Lots D, E, and H the north 80 feet of Lot F, the north 75 feet of Lot
G, the north 50 feet of Lot I, Block 32, City and Towasite of Aspen, and
as modified by the addition of the north 85 feet of Lots D and E, and the
nor#l}BA-€eet-o€bet-6; Block~3r-Gity-at-d-Tovt~nsit~ofAspen-through-quit_ _
claim deed executed on August 14, 2000, and recorded with the office of _
the Pitkin County Clerk and Recorder as Reception Number 446337; aad,
WHEREAS, Owner applied to the City of Aspen for approval of a rezoning
from R-15/LP/PUD (Moderate Density Residential with Planned Unit Development and
Lodge Preservation Overlays) to R-6 (Medium-Density Residential); a subdivision
exemption for a lot split to create Lot 1 of the Boomerang Lot Split with an area of
approximately 7,500 square feet and Lot 2 of the Boomerang Lot Split with an area of
approximately 12,237 squaze feet; and, associated growth management approvals
(collectively, the "Project'; and, , "
WHEREAS, on January 24, 2006, the City of Aspen Planning and Zoning
Commission ("PBcZ") approved Resolution Number 3, Series of 2006 (the "Resolution'
recommending that City Council rezone the vacant "Boomerang Pazcel" to the R-6
(Medium-Density Residenlial) zone district and'apprbve a Ibt split, creating Lots 1 and 2
of the Boomerang Lot Split, City of Aspen, Pitkin County, Colorado; and,
WHEREAS, on Apri110, 2006, the City Council of the City of Aspen granted
approval of a rezoning to R-6 aad subdivision exemption for a lot split on Ute Property
pursuant to the procedures and standards set forth is Title 26 of the Aspen Municipal
Code; and,
IIIII~I~IIIIIII~II~IIfIIN~IIIIIlI~HII~IIlllll~ll si 5369 ea.z_
JHNIGE K VCS CRtAILI PITKIN CotNlTY t0 R 56.00 D 0.00
Jun 19 06 10:22a wa~ace 197[!,t7,~70919 p. 19
Subdivision Exempiian Agreement
BOOI!]eraAg I.Ot .~llif
Page 2 of 11
R'HEREAS, the approval of the Project was conditioned upon Owner complying - -
witlicertain requirements outlined in Ordinance No. 6, Series of 2006 (the "Ordinance',
including entering into a Subdivision Exemption Ageement for the Property; and,
WHEREAS, Owner has submitted to the City, for approval, exception and
recordation, a plat for_ the Property (the `Tlat'~ and the City agrees to approve, execute
and record the Plat (Owner shall pay all applicable recordation fees) on the agreement of
the Owner to the matters descn'bed herein; and,
WHEREAS, the City has imposed conditions and requirements in connection
with its approval, execution, amd acceptance of the Plat, which matters are necessary to
protect, promote and enhance the public health, safety and welfare, and the Owner is'
prepared to enter into a Subdivision Exemption Ageement incorporating such conditions
and requirements.
NOW, THEREFORE, in consideration of the mutual covenants contained
herein, and the approval, execution, and acceptance of the Plat for recordation by the
City, it is agreed as follows:
1. Acceptance of Plat Upon execution of this Ageement by all parties
and anon anvroval of the final vlat by the City EnKiaeer and the Community
Development Director, the City agrees to approve and execute the anal plat ror lot spot
subdivision exemption submitted herewith, which conforms to the requirements of
Chapter 26.480 and all other applicable requirements of the Aspen Land Use Code. Said
Plat and this Agreement shall be recorded (Owner pays all applicable recordation fees) in
the Office of the Pitlan County Clerk and Recorder within 180 days of Apri110, 2006
(the day the Ordinance was approved).
2. Plat Requirements. At a T~+~*++*r+um, the Plat shall:
a Meet the requirements of Section 26.480 of the Aspen Municipal Code;
b. Cleazly label the lot line separating Lot 1 from Lot 2, the housing type and density
per lot, and show all easements. of record.
c. Provide a four (4) foot wide public trail easement to the City of Aspen along the
west and southwest property line of Lot 2. ~ A slightly wider easement shall be
gamed at the southwest comer of Lot 2 to allow for a moderate turning radius on
the trail The exact location of this easement shaIl be approved by the Pazks
Departme>n prior to rewrdation of the Plat The Plat may also include a note
indicating that the area contained within the trail easement shall not be excluded
fi-om the land area used in calculation of Lot Area and, as such, shall not affect
allowable FAR, density, setback requirements, or other dimensional requirements.
d. Contain a plat note stating that, no further subdivision of the subject properties
maybe granted nor will additional units be built without receipt of applicable .
approvals pursuant to the provisions of the Land Use Code in effect at the time of
application. IIIIIIIIIIIIilllllihl~llll 525369
~I~Hllllll~ll~llll ~;~s;~~ 0.:2:
. ~ JpP1ILE K Y06 CR(nILL PITKIN COIMIY CO R 56.08 D 0.00
.Jun 18 06 10: 22a qv1' ace 19~^270819 P. 2p
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PgdivLrfgEz ~IionAgreonent IIIIIIIIIIIIfiII~IIIIIIIIIIIIII~III~IIIIIIIIIIIIII 69 63690;:
JHNICE K VOS CWIDILL CIMIN CDtAITY CO R 56.00 D 0.00
e. Contain a plat note stating that all new development on the subject lots will -
conform to the dimensional iequvements of the R-6 zone district, as may be
amended from time to time. Notwithstanding the foregoing, an applicant for new
development on the subject lots has the rights afforded under the Land Use Code
to request variances from the dimensional requirements of the zone district from
an entity with the authority to heaz and decide upon such requests.
3. Lot 1. Owner hereby agrees and acknowledges that development of Lot 1
remains subject to the terms, provisions, and conditions of approval cnumeiated in the
Ordinance, to wit:
a: Lot 1 shall have an area of approximately 7,500 square feet and its development is
limited to one (1) single-family residence;
b. Development on Lot 1 shall be subj ect to the use and dimensional requirements of
the Medium-Density Residenrial (R-6) Zone I}isirict, as may be amended from
time to time. Notwithstanding the foregoing, an applicant for new development
on Lot 1 has the rights afforded under the Land Use Code to request variances
from the dimensional requirements of the zone district from an entity with the
authority to hear and decide upon such requests; .
c. The residential dwelling unit to be constructed on Lot 1 shall comply with the
City of Aspen Residential Design Standazds in place at the time of building
vermit, unless anY variance(s) is duly obtained;
d. Vehiculaz access to Lot 1 shall be taken from the South Fourth Street stub located
directly to the east of the property. There shall not be any vegetation faller than
thirty (30) inches from existing grade planted within the area fifteen (15) feet
south or north of the driveway, at the property line or in the public right-of--way,
in order to maintain a sufficient view corridor for trail users to see vehicles
crossing the trail. Oavner shall also relocate the existing Midland Trail sign to the
south side of the driveway and attach a new sign on the backside of the relocated
Midland Trail sign to indicate to trail users the presence of the driveway's
crossing of the trail; and,
e. Administrative growth management approval for development of Lot 1 shall
require provision of affordable housing mitigation by development on Lot 2 of
one (1) "for sale" Accessory Dwelling Unit (ADU) or Carriage House (Cl~ unit
containing between seven-hundred filly (T50) and one-thousand two-hundred
(1,200) square feet of net livable azea. Pursuant to Section 26.470.040(B)(1),
Administrative Csrorvth Management Review: Detached single-family or duplex
dwelling units, of the Aspen Land Use Code, as may be amended from time to
time, the mitigation descnbed herein shall be acceptable for the single-family
residence to be constructed on Lot 1 of the lot split.
4. Lot 2. Owner hereby agees and aclmowledges that development of Lot 2
remains subject to the terms, provisions, and conditions of approval enumerated in the
Ordinance, to wit:
a Lot 2 shall have an area of approximately 12,237 square feet and its development
is limited to two (2) detached free-mazket residences (these Waits shall not be
3
Jun 16 06 10:23a Wa~+'lace 197""70619 P, 21
`'~. r r
Subdivision Exemption Agreement
Boomerang Lot Split
Page 4 oJll
b.
c.
d.
Department's etandaxlc for drive ratgps. The radii of the curb cut and rettnms _
shall be the m;n;mum that functions for the purpose of a driveway; Owner shall
gain approval from the Community Development Engineer to determine the
appropriate radii sizing; and
e. One of the two ADU/CH writs on Lot 2 provides mitigation for the development _
s of Lot 1, as described in paragraph 3.e., above. With regard to mitigation for the
development of. Lot 2; adrninistrative growth managemert approval shall require
development on Lot 2 of one (1) additional "far sale" ADU/CH umt containing
between seven-hundred fifty (750) and one-thonsaad two-hundred (1,200) square
feet of net livable area. Pursuant to Seetion 2ti.470.040(!3)(1), ildministrative
Growth Management Review: Detacked single family or duplex dwelling rants, of
the Aspen Land Use Code, as may be amended from time to time, the mitigation
described herein shall be acceptable for the two (2) detached, free market sin~lo-
- family residences to be constructed on Lot 2 of the lot split.
5. Unit Confieurations. Lot 1 shall be developed with a detached-single-
family dwelling unit, with or without pernutttd accessory structures. The free market
residences on Lot 2 shall be developed as two (2) detached single-family residences, with
or without permitted accessory structures. The two (2) ADU/CH units on Lot 2 shall be
developed in a duplex configuration, attached either side-by-side, over-under, or a
combination of these.
developed in duplex configuration), plus two (2) ADU/CH units attached to ono-
another (these units shall be developed in a duplex configuration);
Development on Lot 2 shall be subject.to the use and dimensional requirements of
the Medium-Density Residential (R-~ Zone District, as maybe amended firm
time to time. Notwithstanding the foregoing, an applicant for new development
on Lot 2 has the rights afforded under the Land Use Code to request variances
from the dimensional requirements of the zone district from an entity with the .
authority to hear and decide upon such requests;
The residential dwelling units to be constructed on Lot 2 shall comply with the
City of Aspen. Residential Design Standards in place at the time of building
permit, unless any variance(s) is duly obtained. In addition, the ADU/CH units
on Lot 2 shall each contain between seven-hundred fifty (750) and one-thousand
two-hundred (1,200) square feet of net livable area. The ADU/CH units on I.ot 2
shall comply with the ADU Design Standards contained in Section 26.520:050 of
the Code, unless any variance(s) is duly obtained;
VehieuLlr access to Lot 2 shall be taken from West Hopkins Avenue via a single
curb cut. The residential units on Lot 2 shall share a single driveway and the curb
cut shall be designed and constntcted such that it will not result in any net loss of
on-street parking in the W. Hopkins Avenue Right-of--Way (it may be necessary
to reconshuct and realign a portion of the existing sidewalkhrail to ensure no net
loss of on-street parking). The driveway access shall meet the City EnRineelina
IIII~I~~II~uII~~~~~III~I~II~IfIIII~ 595369 aa.z_
JiWICE K V06 CpUDILL DITKIN LlMlllr'! fb R 56.00 ~ 0.00
Ju~ 18 06 10: 23a Wr,,.:,~ace 197!'-70819 P, 22
Subdivision Exemption Agreement
Boomerang Lof S}~lit
Page S of II
IIIIIII~Nfilllllllllllllll~lllll~llll~illllllll. ~9 6D 90D Z-
6. Floor Area Calculation. Allowable Floor Area in the Project is dictated -
bythe R-6 zone district regulations and Section 26.575.020(A), Calculations and
Measurements, of the Code, both as. may be amended from time to time.
a Asa 7,500 squaw foot lot in the R-6 Zone District, development of a detached
single-family residence on Lot 1 is pemlitted up to 3,450 squaze feet of Floor
Area, as such is calculated and measured p»*~+~ ant to Section 26.575.020(A) of
the Code, as may be amended from time to time. Since the "for sale^ ADU/CH
unit mitigating the Lot 1 development will not be located on the same parcel, Lot
1 is not entitled to a floor area bonus pursuant to Section 26.575.020(A)('7) ofthe
Code. By contrast, since the "for sale" ADU/CH unit mitigating the Lot 1
development will be detached from the primary residence but located on Lot 2, it
shall be excluded from the calculation ofFloor Area, up to a maximum of 1,200
b.
squaze feet.
Asa 12,237 square foot lot in the R-6 Zone District, development of two (2)
detached, fredmarket residences on Lot 2 is pemlitted up to 4,274 square feet of
Floor Area, as sack is calculated and measured pursuant to Section 26.575.020(A)
of the Code, as may be amended from time to time. Since the "for sale",ADU/CH
unit mitigating the Lot 2 development~will be detached from the primary
residence and located on the same parcel as the unitsit is mitigating: 1) it shall be
excluded from the calculation of Floor Area, up to a maximum of 1,200 square
feet, and 2) the free-mazket residential dcvelopment on Lot 2 shall be entitled to
- -------- -----o----- ------,- r--~_ _, ..___.... _..._.....,..... -~.-~
of the Code. Accordingly, the 4,274 square feet of allowable Floor Area on Lot 2
shall be increased by an amount equal to fifty (50) percent of the Floor Area of
the ADU/CH unit mitigating the Lot 2 developme~, up to a maximmm bonus of
six-hundred (600) square feet.
7. Affordable Honsfne. Deed restrictions for the ADU/CH units developed
oa Lot 2 shall be in accordance with the provisions of Section 26.520.070, Deed
Restrictions and Enforcement, of the Code, at the time of building permit issuance.
8. Bnildina Permit Application. In addition to such requirements
enumerated elsewhere herein and otherwise regpired by the City of Aspen Building
Department, the building permit application for each of the residential units shall include
the following:
a A copy of the final Ordinance and P&Zgesolution; .
b. The conditions of approval, as contained in the Ordinance, 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. The tree removal permit application shall be accompanied by. a
detailed landscape plan indicating which trees are to be removed and new
plantings proposed on the site. Additionally, aright-of--way landscaping plan
Jul
18 06 10:24a mr"•'ace
Subdivision Ezemption.4greement
Boomerang Lof Splif
Page 6 of 11
19T^1270819
.•
p. 23
IIlII011111~~llilllil~llilll~lll~llllllllll1110asB16 6690 4:22
shall be provided as part of the building permit application identdying that any - _
trees removed from the right-of--way will have to be relocated. Aay disruption or
damage to the right-of--way irrigation system during construction shall also be
repaired to the satisfaction of the Pazks Department;
e. A drainage plan, including as erosion control plan, prepazed by a Colorado
licensed Civil Engineer, which maintains sediment and debris on-site during and
after conshuction. If a ground rechazge system is required, a soil percolation
report will be requiicd to correctly size the facility. A 5-yeaz storm frequency
should be used in designing any drainage improvements;
f. A construction management plan pursuant to the requirements of the Community
Development Department. The construction management plan, shall include a
plan for protecting the Midland and W. Hopkins Avenue Trails during
construction. This plan shall be reviewed and approved by the Pazks Department
prior to building permit issuance; and
g. A fugitive dust control plan to be reviewed and approved by the Ciry Engineering
Department
9. Chrb and Gutter. Owner shall constmct crab and gutter along the West
Hopkins Avenue frontage of the Propertyprior to issuance of a certificate of occupancy
for any of the units in the project The timing of this installation may be' changed if
approved by the City Engineer. If-the W. Hopkins Pedestrian Trail is altered during
construction. See also paragraph 4.d:; above.
was
10. Subdivision. No further subdivision of the Property may occur without
receipt of applicable and required approvals piasuant to Chapter 26.480 of the Aspen
Land >rJse Code (hereinafter "Code's and growth management allocation pursuant to
Chapter 26.470 of the Code, unless the Code is amended in a manner that otherwise
allows for Earths subdivision.
11. Landscaaine. Owner shall install a tree mot barrier on the trees that are
to be planted within ten (10) feet of the W. Hopkins trail to prevent future root damage
and trail upheaval. The Applicant shaIl also install tree saving constnlctioa fences around
the drip line of any trees to be saved subj ect to the following provisions:
a. The City Foiester or his/her designee must inspect this fence before any
construction activities commence. _
b. No excavation, storage of materials, storage of construction equipment,
construction backfill, foot or vehiculaz traffic shall be allowed within the drip line.
12. Environmental Hazards. Owner shall submit geotectmical and soil
stability reports performed by a quali5ed, licensed engineer demonstrating the land is
suitable to handle the proposed development Owner shall also submit a report from a
qualified, licensed engineer demonstrating that.rock fall from the slope above the
development will be sufficiently mitigated to prevent rock fall hazards. This report shall
Jum
1
i
i
16 06 10:25a W>'""!.ace
197~"^Q70919
,„,.r
p.24
Boomerang Lot Split
SnbJivision Exemption Agreement II~~I~II~ID~IIIIIIIIIIIII~IIIN~I~II~I~IIaIII 0 95369 0a.z.
Page 7 of 11 -
JPNICE K VOS LpInILL PITKIN C9UN'TY W R 50.00 ~ 0.00_
be submitted for review by the Community Development Deparhnent prior to the -
issuance of full structural building permits.
13. Fire Protection. Owner shall install a fire sprinkler system that meets the
requirements of the Aspen Fire Marshal in any residential unit fllat is 5,000 square feet or
more. Use of charcoal grills shall be prolu'bited in this development because of fne
danger concerns.
14. Sewer Service. Owner shall comply with the Aspm Consolidated
Sanitation District's rules and regulations. No cleaz water connections (roof, foundation,
perimeter drains) to ACSD lines shall be allowed.
15. Imnact Fees. Park Development Impact Fees shall be assessed on each
residential unit constructed on Lots 1 and 2 at the time of building permit issuance. The
pazk development impact fees shall be calculated by the City Zoning Officer at the time
of building permit issuance using the fee schedule in place at said time. In addition,
School Land Dedication Fees shall be assessed on the proposal pursuant to Land Use
Code Section 26.630, School Lands Dedication, and a proportionate amount of all
app}icabhe impact fees shall be due at the time-of-building pemlit issuance for each- - ---
residence.
Code Requirements pursuant to LandZ.lse
Section 26.575.150, Outdoor Lighting.
17. Does. There shall be no prohibition against any property owner, including
owners of the affordable housing units, from owning/keeping a dog.
18. Colorado Common Interest Ownership Act (CCIOAI. As soon as
construction on Lot 2 practically allows, Owner anticipates submitting the Lot 2
development to a plan for condominiumization seated pursuant to the Colorado
Common Interest Ownership Act (CCIOA) in order to facilitate the separate conveyance
of ownership in the two free mazket units and the two employee housing units. The City
agrees to process for approval and for recordation a condominium map prepared in
accordance with the Code and CCIOA. As the Owner will have provided affordable
housing pursuant to the Code, the Project is exempt from paying an Affordable Housing
Impact fee. This provision is not in conflict withthose provisions of the Ordinance or of
this Agreement restricting the property from further subdivision. .
19. Previous Approvals Null and Void. Upon recordation of the Plat and
this Agreement, the previous approvals including PUD, Subdivision and any others
associated with the 1ropertty become vacated, null and void for good cause found, sad the
provisions of Ordinance No. 6 (Series of 2006) will be in place.
Jun 18 06 10:25a
D+.a"ace
19,2,~f"'270819
p. 25
P ge8 fg ~t~i~f nAgreement IIIIIII ~l11I~~~~IlIu1III~IlI 1lI~~II ~I~I 1~ll llll 06g 6 866 04:2<
JgNICE IC VOS CPUDILL PITKIN CIXMTY CO R 56.00 D 0.00
20. Vested Property Riehts. The approved Ordinance, Plat and this Agreement, -
collectively, constitute a site specific development plan vested for a period of three (3) years
from the date of development order issuance.
21. Financial Security for Pnblic Improvements. In order to secure the
performance of the construction and installation of improvements in the publicright-of-
way, including landscaping, the Owner shall provide the City with a financial security for
the proposed improvements. The financial security shall take Ule form of a letter of
credit, cash or other guarantees in a fowl satisfactory to the City Attorney and shall be
submitted to the City prior to the initiation of construction or the issuance of any building
permits. Pursuant to this Agreement, the Owner shall provide a detailed cost estimate of
Ule improvements for approval by the City. The amount of the required financial security
shall be 110% of the estimated cost of the improvements. The guarantee documents shall
give the City the' unconditional right, upon clear and unequivocal defauit by the Owner in
its obligations to complete the public improvements, to withdraw funds against such
security sufficient to complete and pay for installation for such public improvements, or
to withdraw funds against such security sufficient to complete and pay for installation for
such public improvements. If the improvements have not been completed to the
satisfaction of the City within one yeaz of the cast estimate, the'City may require the
Owner to adjust the amount of the financial security for local increases in construction
As portions of the improvements are completed, the City shall inspect them, and neon
approval and acceptance, shall authorize the release ofthe agreed estimated costs for that
portion of the improvements, except that ten percent (10%) of the estimated costs of the
improvements shall be withheld for the benefit of the City until (i) all of the
improvements have bean inspected and accepted by the City, (ii) a two-yeaz maintenance
bond has been provided by the Contractor, and (iii) as-bunts have been provided (if
required).
Separate financial sectaities and maintenance bonds are required for civil RO.W.
improvements (i.e. pipelines, sidewallrs, and Garbs} and landscaping RO.W.
improvements.
22. Material Representations. All material representations made by the
Owner on record, whether in pubfic hearings orirl documentation presented before City
Council or the PBcZ, shall be binding upon the Owner.
23. Enforcement In the event the City detemvnes that the Owner is not in
substantial compliance with the terms of this Agreem~t or of the Final Plat, the City may
serve a notice of noncompliance and iequest that the deficiencies be corrected within a
period of forty-five (45) days. In the event the Owner believes that she is in compliance
or that the noncompliance is insubstantial, the Owner may request a heating before the
City Counci] to dcte~inb whether the alleged noncompliance e~rists or where any
amendment, variance, or extension of time to comply should be granted. On request, the
t9""t'?70819
p.26
Boomearzg Lotspkt I' 525369
Subdivis7on Ezemp4on Agrcemear I~~~IIIIRaIIhNilllllllll~l'I~IIp'IIII ~II 06/16
Page 9ofll Page; 9 of 31
Ixg1DILL PS7KIN CDUN7Y ~p R 56. BD /2006 04:2c'
D 0.80
City shall conduct a hearing according to its standard procedures and take such action as -
it deems appropriate. The City shall be entitled to all remedies at equity and at law to
enjoin, coaect and/or receive damages for any noncompliance with this Agreement
23. Notices. Notices to the parties shall be sent in writing by U.S. certified
mail, return receipt requested, postage prepaid, Such notices shall be deemed received, if
not sooner received, three (3) days after the date of the mailing of the same.
To the Owner: Aspen FSP-ABR, LLC
c/o Len Mongeon
Fountain Squaze Properties, LLC
11921 Freedom Drive, Suite 950
Reston, VA 20190
16 06 30: 26a g/'^~' ace
~-
To the City: City Attorney
City of Aspen
130 South Galena Street ,
Aspen, CO 81611
24. Bindine Effect The provisions of this Agreement shall nm with and
constitute a burden on the laced and shall be binding upon and inure to the benefit of the
Owners, their successors and assiens. an to a Itv an Its al,~r-~c:^~ assl¢ns-
25. Amendment. This Agreement may be altered or amcaded only by
written instrument executed by all parties hereto, with the same formality as this
Agreement was executed.
26. Severability. If any provision of this Agreement is determined to be
invalid, such invalidity shall not affect the remaining provisions hereof.
IN WITNESS WHEREOF, the parties.hereto have executed this Subdivision
Exemption Agreement the day and year first written above.
[remainder of page intentidnally left blank]
9
JuEi 18 06 1 O: 26a q~m: 'ace 191^270619 P, 27
Subdivision Exemption ~tgreemenr
Boomerang Loi Sp1ir
Page 10 of II
I ~Ilu VIII IIIIII11~ ~I~I ~IIII~ VIII I~ IIII~ lu IIII9 6/~6D 6 08f 0412c
• OWNER:
ASPEN FSP-ABR, LLC, a Delaware limited liability company
By: BROWN REALTY MANAGER, INC.,
a Delawarefcn oration, its auager
By:' ~ i
Name: THow.wr s,,,cTiiJ
Title: ditE P.rrsiee.yr
By.
Title: Manger
OPERTIES, LLC,
company, its Manager
STATE OF g ,_,.~p) .
ss. ,.
COUNTY OF L .oc nw.vts) - ---. ---
The foregoing was sworn and subsea'bed to before me this ~ day of ~
TN G .2006, by 7.i,.as ~tr.rrv.~ . in his capacity as ~ci /dc31OFJr
for Brown Realty Manager, Inc. - _
VVitaess my hand and official seal.
My commission expires ~'~- ' i - 2do L
Notary Public
STATE OF V 1 ~/~DI ) ~ = ~~
s
r gpmnue~Y s
.~ ~~~
aNp..'t~, -. ,
foregoing was sworn and bscribed to before me this ~ day of
~: ~ Ott
2006, by D(~Y~Q 41l . I'GlQl~1~ , in his capacity as M~.{/
- Square Properties, LLC.
5 goiw~:~~o;~.
r jgy'~j ~ ,
~: ~ 6 ~ Witness my hand and official seal.
,~""""""~~ My commission expires ~ f ,
s ;, . .
:~
Notary Public
Oi ~''.
t~ .'
•ti,~
to
Jt~ 18 06 10:26a p~.q! ice
Subdiviriort Exemption Agreement
Boomerang Lot Split
Page Il of II
1P^"a"~70819 p. 28
I~II~III~O~III~'III~IIII~~~~~II I~,UI~~I ~II
~h~~c`~ty Al~tt' m~~y -
1'HE CITY OF ASPEN, COLORADO
a municipal corporation
By. ""_
el an Mayor
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
ATTEST:
By:
Kathryn Koch, City Clerk 1
The foregoing was sworn andsubscnbe'd to before me this ~'~2ay of
2006, by Helen"Kalin Klanderud an focl>; as Mayor and
Clerk, respectively, of the City of Aspen, a Municip~ ~ ~~
Witness my hand and officials
My coamission expires ~ ~ ~ _ ~~ , ' ,
bllc
C3.iy~DawnentslCtiry Applicarimu~BoometangV3emg Standa~B+aag Stwda SPA
: JACgE
.,, ~ L07f'pA':
;~
APPROVED-
525369 -
.1WIICE K Pa9l: 11 O{ 11
VOS CWDILL PITKIN CgMty CO R ~.e ~'~36p e X04:2: -
I1
.,
~~
DEVELOPMENT ORDER
of the
EXHIBIT
l6
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 development of a site specific
development plan pursuant to the provisions of the land use approvals, described herein.
The effective date of this Order shall also be the initiation date of a three-year vested
property right. The vested property right shall expire on the day after the third
anniversary of the effective date of this Order, 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
gowth management allotments ganted pursuant to Section 26.470, but shall be subject
to any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific
development plan as descn'bed below.
Aspen FSP-ABR LLC c/o Steve R. Stunda. 602 N. Fourth Street. Aspen. CO 81611, 925-7604
Property Owner's Name, Marling Address and telephone number
Referred to as the "Boomerane Vacant Parcel", the ~raperty is described as portions of Lots A-F.
Block 32, City and Townsite of Aspen, located on West Hopkins Avenue between 4'" and Sa
Avenues on the south side of Hopkins (no address assi ng ed).
Legal Description and Street Address of Subject Property
A rezonine of the property from R-15 (Moderate Densiri Residential) with PUD and Lodge
Preservation Overlays) to R-6 (Medium Densiri Residential). and a lot split to create two
separate residential lots to be developed in accordance with the provisions of Ordinance No. 06.
Series of 2006.
Written Description of the Site Spec Plan and/or Attachment Describing Plsn
Ciri of Aspen. Ciri Council Ordinance No. 06. Series of 2006 approved on April ] 0.2006.
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
.Apri128, 2006
EffeMive Date of Development Order (Same as date of publication of notice of approval.)
Apri128, 2009
Expiration Dste of Development Order (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 19th day of April, 2006, by the City of Aspen Community
Development Director.
Chris Bendon, Community Development Director
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•Jun 18 06 10:21a W~'ace
ls? ~-e~oels
SUBDIVISION EXEMPTION AGREEMENT
FOR THE BOOMERANG LOT SPLIT
EXHIBIt
9
THIS SUBDIVISION EX>LMPTION AGREEMENT (this "Agreement") is
made this ~ day of i..,..,. , 2006, between ASPEN FSP-ABR, LLC, a
Delawaze Limited Liability Company (the "Owner's and THE CITY OF ASPEN, a
municipal corporation (the "City'.
RECITALS:
WHEREAS, Owner owns that certain real property (the "Property") located on
the south side of West Hopkins Avemre between South Fourth Street and South Fifth
Street (Pazcel Identification Number 2735-124-49-002) in the City of Aspen, County of
Pitkily State of Colorado, described as:
That part of Lots A, B, and C lying northerly of Line 7-8 of the City and
Townsite of Aspen (According to the 1478 Resurvey by the Bureau of
Land Management), except the southerly 20 feet thereof and the north• 80
feet of Lots D, E, and H the north 80 feet of Lot F, the north 75 feet of Lot
G, the north 50 feet of Lot I, Block 32, City and Townsite of Aspen, and
az modified by the addition of the north 85 feet of Lots D and E, and the
nort1~80-feet-o€bet_6;-Block-33; Gity-aacl-Tewnsite-of~4spen-through-c}trit ._
claim deed executed on August 14, 2000, and recorded with the office of
the Pitkin Cotmty Clerk and Recorder as Reception Number 446337; aad,
WHEREAS, Owner applied to the City of Aspen for approval of: a rezoning
from R-15/I.P/PUD (Moderate Density Residential with Plaffied Unit Development and
Lodge Preservation Overlays) to R-6 (MedilmT-Density Residential); a subdivision
exemption for a lot split to create Lot 1 of the Boomerang Lot Split with an area of
approximately 7,500 square feet and Lot 2 of the Boomerang Lot Split with an area of
.approximately 12,237 sgrlaze feet; and, associated growth management approvals
(collectively, the "Project'; and, '
WHEREAS, on January 24, 2006, the City of Aspen Planning and Zoning
Commission ("P&Z") approved Resolution Ntmmber 3, Series of 2006 (the "Resolution'
recommending that City Council rezone the vacant "Boomerang Parcel" to the R-6
(Medium-Density Residential) zone district ~d'approve a lot split, creating Lots 1 and 2
of the Boomerang Lot Split, City of Aspen, Pitkin County, Colorado; and,
WFIEREAS, on April 10, 2006, the City Council of the City of Aspen granted
approval of a rezoITing to R-6 and subdivision exemption for a lot split on the Property
pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code; and,
I I~III~ (III II~ II~ III IIII~I) ~11 tll ~I~~1 IIII ~~ 69 6369 ea : z:
JgNI CE K VOS CiKAILL PTTKIN COUNTY CO R 56.00 n 0.00
Jun 18 06 10:22a ~taee 19~°270819 p. 19
~..: .i
Subdivision Ezempdon Agreement
Boomerang Lot bplir
Pagelofll
WHEREAS, the approval of the Project was conditioned upon Owner complying - -
with certain requirements outlined in Ordinance No. 6, Series of 2006 (the "Ordinance',
including entering into a Subdivision Exemption Agreement for the Property; and,
WHEREAS, Owner has submitted to the City, for approval, execution and
recordation, a plat for. the Property (the `Plat'y and the City agrees to approve, execute
and record the Plat (Owner shall pay all applicable recordation fees) on the agreement of
the Owner to the matters described herein; and,
WHEREAS, the City has imposed conditions and requirements in connection
with its approval, execution, and acceptance of the Plat, which matters aze necessary to
protect, promote and enhance the public health, safety and welfare, and the Owner is'
prepared to enter into a Subdivision Exemption Agreement incorporating such conditions
and requirements.
NOVF', THEREFORE, in consideration of the mutual covenants contained
herein, and the approval, execution, and acceptance of the Plat for recordation by the
City, it is agreed as follows:
1. Acceptance of Plat. Upon execution of this Agreement by all parties
and upon approval of the 5nal plat by the City Engineer and the Community
Development Director, the City agrees to approve and execute the final plat for lot split
subdivision exemption submitted herewith, which conforms to the requirements of
Chapter 26.480 and all other applicable requirements of the Aspen Land Use Code. Said
Plat and this Ag-eement shall be recorded (Owner pays all applicable recordation fees) in
the Office of the Pitkin County Clerk and Recorder within 180 days of Apri110, 2006
(the day the Ordinance was approved).
a.
b.
c.
d.
2. Plat Reanirements. At a minimum, the Plat shall:
Meet the regtirements of Section 26.480 of the Aspen Municipal Code;
Cleazly label the lot line separating Lot 1 from Lot 2, the housing type and density
per lot, and show all easements of record.
Provide a four (4) foot wide public trail easement to the City of Aspen along the
west and southwest property line of Lot 2. ~ A slightly wider easement shall be
granted at the southwest comer of Lot 2 to allow for a moderate fuming radius on
the trail. The exact location of this easement shall be approved by the Pazks
Department prior to recordation of the Plat. The Plat may also include a note
indicating that the area contained within the trail easement shall aot be excluded
from the land area used in calculation of Lot Area and, as such, shall not affect
allowable FAR, density, setback requirements, or other dimensional requirements.
Contain a plat note stating that, no further subdivision of the subject properties
maybe granted nor will additional units be built without receipt of applicable .
approvals pf~r~fant to the provisions of the Land Use Code in effect at The time of
application.
I111~IIIIIIiIIIIIIHIIIIIIy~IIIIIIIIII~II~Mli00fi% 6320 04:2;
2 00
,Juq 18 06 10: 22a yba; 'ace 19;~^270819
Subdivision Exemption Agreement 525369
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JRNICE K VOS CFUDILL PITKIN COVNTY CO R 56.00 D 0.00
e. Contain a plat note stating that all new development on the subject lots will
conform to the dimensional requirements of the R-6 zone district, as maybe
amended from time to time. Notwithstandingihe foregoing, an applicant for new
development on the subject lots has the rights afforded under the Land Use Code
to request variances from the dimensional requirements of the zone district from
an entity with the authority to heaz and decide upon such requests.
3. Lot 1. Owner hereby agrees and acknowledges that development of Lot 1
remains subject to the terms, provisions, and conditions of approval enumerated in the
Ordinance, to wit:
a Lot 1 shall have an azea of approximately 7,500 square feet and its development is
limited to one (1) single-family residence;
b. Development on Lot 1 shall be subject to the use and dimensional requirements of
the Medium-Density Residential (R-6) Zone District, as may be amended from
time to time. Notwiihstandmg the foregoing, an applicant for new development
on Lot 1 has the rights afforded under the Land Use Code to request variances
from the dimensional requirements of the zone district from an entity with the
authority to heaz and decide upon such requests; .
c. The residential dwelling unit to be constructed on Lot 1 shall comply with the
City of Aspen Residential Design Standazds in place at the time of building
permit, unless any variance(s) is duly obtained;
d. Vehicular access to Lot 1 shall beta cn m thole Sw~'ourt~Street sdlbTo~
directly to the east of the property. There shall not be any vegetation taller than
thirty (30) inches from existing grade planted within the area fifteen (IS) feet
south or north of the driveway, at the property line or in the public right-of-way,
in order to maintain a sufficient view corridor for trail users to see vehicles
crossing the trail. Owner shall also relocate the existing Midland Trail sign W the
south side of the driveway and attach a new sign on the backside of the relocated
Midland Trail sign to indicate to trail users the presence of the driveway's
crossing of the trail; and,
e. Administrative growth management approval for development of Lot 1 shall
require provision of affordable housing mitigation by development on Lot 2 of
one (1) "for sale" Accessory Dwelling Unit (ADU) or Carriage House (CIS unit
containing between seven-hundred fifty (750) and one-thousand two-hundred
(1,200) square feet ofnet livable area Pursuant to Section 26.470.040(B)(1),
Administrative Growth Management.Review: Detached single family or duplex
dwelling units, of the Aspen Land Use Code, as may be amended from.time to
time, the mitigation descnbed herein shall be acceptable for the single-family
residence to be constructed on Lot 1 of the lot split.
4. Lot 2. Owner hereby agrees and aclmowledges that development of Lot 2
remains subject to the terms, provisions, and conditions of approval enumerated in the
Ordinance, to wit:
a. Lot 2 shall have an azea of approximately 12,237 square feet and its development
is limited to two (2) detached free-mazket residences (these units shall not be
p.20
Jun 18 06 10: 23a ~Y"~" 'ace 19'270619 p, 21
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SubdNirion Exemption Agreement
Boomeranglot 5}~lit
Page 4 of 11
developed in duplex configuration), plus two (2) ADU/CH units attached to one- -
another (these units shall be developed in a duplex configuration);
b. Development on Lot 2 shall be subject.to the use and dimensional requirements of
the Medium-Density Residential (R-6) Zone District, as maybe amended from
time to time. Notwitbstandingrhe foregoing, an applicant for new development
on Lot 2 has the rights afforded under the Land Use Code to request variances
from the dimensional requirements of the zone district from an entity with the .
authority to heaz sad decide upon such requests;
c. The residential dwelling units to be constructed on Lot 2 shall comply with the
City of Aspen Residential Design Standazds in place at the time of building
permit, unless any variance(s) is duly obtained. In addition, the ADU/CH units
on Lot 2 shall each contain between seven-hundred fifty (750) and one-thousand
two-hundred (1,200) square feet of net livable azea. The ADU/CH units on Lot 2
shall comply with the ADU Design Standards contained in Section 26.520:050 of
the Code, unless any variance(s) is duly obtained;
d. Vehicular access to Lot 2 shall be taken from West Hopkins Avenue via a single
curb cut. The residential units on Lot 2 shall shaze a single driveway and the curb
cut shall be designed and constructed such that it will not result in any net loss of
on-street pazking in the W. Hopkins Avenue Right•of--Way (it may be necessary
to reconstnlct and realign a portion of the existing sidewalk/trail to ensure no net
loss of on-street parking). The driveway access shall meet the City Engineering
Department's standards for drive ra~IS. The radli of the cot redsns _ ~- -"
shall be the m;n;mum that functions for the purpose of a driveway; Owner shall
gain approval from the Community Development Engineer to detemline the
appropriate radii sizing; and
e. One of the two ADU/CH units on Lot 2 provides mitigation for the development _
s of Lot 1, as descnbed in paragraph 3.e., above. With regard to mitigation for the
development of Lot 2; administrative growth management approval shall recplire
development on Lot 2 of one (1) additional "for sale" ADU/CH unit containing
between seven-hundred filly (750) and one-thonsand two-hundlzd (1,200) square
feet ofnet livable azea. Pursuant to Section 26.470.040(B)(1),Admtnistrative
Growth Management Review: Detached single family or duplex dwelling units, of
the Aspen Land Use Code, as maybe amended from time to time, the mitigation
described herein shall be acceptable for the two (2) detached, free market single-
- familyiesidences to be constructed on Lot 2 of the lot split.
5. Unit Confieurations. Lot 1 shall be developed with a detached-single-
family dwelling unit, with or without pemutted accessory structures. The free mazket
residences oa Lot 2 shall be developed as two (2) detached single-family residences, with
or without permitted accessory structures. The two (2) ADU/CH units on I.ot 2 shall be
developed in a duplex configuration, attached either side-by-side, over-ands, or a
combination of these.
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Su6divlsion Exemption Agreement
Boomerdng Lot Split
Page 5 of 17
1111~111111111111111111111i~lfllll~Illllll~ll~ll, aa9 6 z690~:2:
6. Floor Area Calculation. Allowable Floor Area in the Project is dictated - -
bythe R-6 zone district regulations and Section 26.575.020(A), Calculations and
Measurements, of the Code, both as may be amended from time to time.
a. Asa 7,500 squaze foot lot in the R-6 Zone District, development of a detached
single-family residence on Lot 1 is permitted up to 3,450 squaze feet of Floor
Area, as such is calculated and measured pursuant to Section 26.575.020(A) of
the Code, as maybe amended from time to time. Since the "for sale" ADU/CH
unit mitigating the Lot 1 development will not be located on the same parcel, Lot
1 is not entitled to a floor area bonus pursuant to Section 26.575.020(A)('7) of the
Code. By contrast, since the "for sale" ADU/CH unit mitigating the Lot 1
development will be detached from the primary residence but located on Lot 2, it
shall be excluded from the calculation of Floor Area, up to a maximum of 1,200
squaze feet.
b. Asa 12,237 squaze foot lot in the R-6 Zone District, development of two (2)
detached, freo-market residences on Lot 2 is permitted up to 4,274 square feet of
Floor Area, as such is calculated and measured pursuant to Section 26.575.020(A)
of the Code, as maybe amended from time to time. Since the "for sale",ADU/CH
unit mitigating the Lot 2 deveIopment~will be detached from the primary
residence and located on the same pazcel as the unitsit isalitigatiag 1) it shall be
excluded firom the calculation of Floor Area, up to a maximum of 1,200 square .
feet, and 21 the free-mazket residential development on Lot 2 shall be entitled to
of the Code. Accordingly, the 4,274 sq'nare feet of aIlowable Floor Area on Lot 2
shall be increased by an amount equal to fifty (50) percent of the Floor Area of
the ADU/CH unit mitigating the I.ot 2 development, up to a **+av+*++um bonus of
' six-hundred (600) square feet. _
7. Affordable Honsine. Deed restrictions for the ADU/CH units developed
oa Lot 2 shall be in accordance with the provisions of Section 26.520.070, Deed
Restrictions and Enforcement, of the Code, at the time of building permit issuance.
8. Bnildinr' Permit Apulication. In addition to such requirements
enumerated elsewhere herein and otherwise required by the City of Aspen Building
Department, the building permit application for each of the residential units shall include
the following:
a. A copy of the final Ordinance and P&Z.,,$esolution; .
b. The conditions of approval, as contained in the Ordinance, 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. The tree removal permit application shall be accompanied by. a
detailed landscape plan indicating which trees are to be removed and new
plantings proposed on the site. Additionally, aright-of-way landseaping plan
Jut
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Subdivision Exemption Agreement
Boomerang Lot Split
Page 6 of Il
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p.23
Illllu lll~~Il~II~I ~I~~IIII'l~I~~I~III~~IuI I~~I0 06/ 6 6690 4:22
shall be provided as part of the building permit application identifying that any _
trees removed from the right-of--way will have to be relocated. Any disruption or
damage 4o the right-of--way irrigation system during construction shall also be
repaired to the satisfaction of the Pazks Department;
e. A drainage plan, including an erosion control plan, prepazed by a Colorado
licensed Civil Engineer, which maintains sediment and debris on-site during and
after construction. If a ground rechazge system is required, a soil percolation
report will be required to correctly size the facility. A 5-yeaz storm frequency
should be used in designing any drainage iiuprovemcnts;
f. A wnstruction management plan pn,ct,ant to the requirements of the Community
Development Department. The construction management plan. shall include a
plan for protecting the Midland and W. Hopkins Avenue Trails during
construction. This plan shall be reviewed and approved by the Pazks Depaztment
prior to building pemtit issuance; and
g. A fugitive dust control plan to be reviewed and approved by the City Engineering
Department.
9. Curb and Gutter. Owner shall constrict curb and gutter along the West
Hopkins Avenue frontage of the Propertyprior to issuance of a certificate of occupancy
for any of the units in the project. The timing of this installation may be' changed if
approved by the City Engineer. If the W. Hopkins Pedestrian Trail is altered durin¢
construction, the Applicant shall repair the t
constriction. See also pazagraph 4.d.; above- `
was
10. Subdivision. No further subdivision of the Property may occur without
receipt of applicable and Yequired approvals pursuant to Chapter 26.480 of the Aspen
Land Use Code (hereinafter "Code's and growth managemenrt allocation pursuant to
Chapter 26.470 of the Code, unless the Code is amended in a manner that otherwise
allows for further subdivision.
11. Landscapin¢. Owner shall instaIl a tree root barrier on the trees that are
to be planted within ten (10) feet of the W. Hopkins trail to prevent future root damage
and trail upheaval. The Applicant shall also ins{all tree saving construction fences around
the drip line of any trees to be gaved subject to the following provisions:
a. The City Forester or his/her designee must inspect this 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 drip line.
12. Environmental Hazards. Owner shall submit geoieclmical and soil
stability reports performed by a qualified, licensed engineer demonstrating the land is
suitable to handle the proposed development. Owner shall also submit a report from a
qualified, licensed engineer demonstrating that.rock fall from the slope above the
development will be sufficiently mitigated to prevent rock fall hazazds. This report shall
Jum
i
1
1
t
18 06 10: 25a Y"'~ 'ace
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p. 24
Boomerang Loi Split
Subdivision Exemption ,(greement _ IIIIIIIIIIIIIII~IIIIIIIIIIII~NIIIIIIIIIIIIIIIIIII 0 s 63~g 64:21
Page 7 of 11 -
]PNICE K VOS LiriAILL PITKIN COUNTY LO R 56.00 D 0.00_
be submitted for review by the Community Development Department prior to the -
issuance of full structural building permits.
13. Fire Protection. Owner shall install a fire sprinkler system that meets the
requirements of the Aspen Fire Marshal in any residential unit that is 5,000 square feet or
more. Use of charcoal grills shall be prohibited in this development because of fire
danger concerns.
14. Sewer Service. Owner shall comply with the Aspen Consolidated
Sanitation District's rules and regulations. No cleaz water connections (roof, foundation,
perimeter drains) td ACSD lines shall be allowed.
I5. Impact Fees. Park Development Impact Fees shall be assessed on each
residential unit constructed on Lots 1 and 2 at the time of building pemlit issuance. The
park development impact fees shall be calculated by the City Zoning Officer at the time
of building permit issuance using the fee schedule in place at said time. In addition,
School Land Dedication Fees shall be assessed on the proposal pursuant to .Land Use
Code Section 26.630, School LandY Dedication, and a proportionate amount of all
app&cabie impact fees-shall ~be due at the time-of~]uilding permit issuance for each-- - --- -
residence.
Code Requirements pursuant to Land'Use Code Section 26.575.150, Outdoor Lighting.
17. Dog. There shall be no prohibition against any property owner, including
owners of the affordable housing units, from owninglkeeping a dog. _
18. Colorado Common Interest Ownership Act (CCIOAI. As soon as
construction on Lot 2 practically allows, Owner anticipates submitting the Lot 2
development to a plan for condominiumization created pursuant to the Colorado
Common Interest Ownership Act (CCIOA) in order to facilitate the separate conveyance
of ownership in the two &ee market units and the two employee housing amts. The City
agrees to process for approval and for recordation a condominium map prepared in
accordance with the Code and CCIOA. As the Owner will have provided affordable
housing pulsuant to the Code, the Project is exempt from paying an Affordable Housing
Impact fee. This provision is not in conflict withthose provisions of. the Ordinance or of
this Agreement restricting the property from further subdivision. .
19. Previous Approvals Nall and Void. Upon recordation of the Plat and
this Agreement, the previous approvals including PUD, Subdivision and any others
associated with the Property become vacated, null and void for good cause found, and the
provisions of Ordinance No. 6 (Series of 2006) will be in place.
Jun 18 06 10: 25a wa,4" ace 19~f"J270819 p.25
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JPNICE K VOS CPUDILL PITKIN COIIN'rY CO R 56.00 D 0.00
20. Vested Prouerty Riehts. The approved Ordinance, Plat and this Agreemcet, -
collectively, constitute a sito-specific development plan vested for a period of three (3) years
from the date of development order issuance.
21. Financial Securitv'for Pnblic Imurovemeats. In order to secure the
performance of the construction and installation of improvements in the public right-of-
way, including landscaping, the Owner shall provide the City with a financial security for
the proposed improvements. The financial security shall take the form of a letter of
credit, cash or other guarantees in a form satisfactory to the City Attorney and shall be
submitted to the City prior to the initiation of eonstmetion or the issuance of any building
' permits. Pursuant to this Agreement, the Owner shall provide a detailed cost estimate of
the improvements for approval by the City. The amount of the required financial security
shall be 110% of the estimated cost of the improvements. The guarantee documents shall
give the City the' unconditional right, upon cleaz and unequivocal default by the Owner in
t its obligations to complete the public improvements, to withdraw funds against such
security sufficient to complete and pay for installation for such public improvements, or
to withdraw funds against such security sufficient to complete and pay for installation for
such public improvements. If the improvements have not been completed to the
_... , ._..... satisfaction of the City within one yeaz of the asst estimate, theCitymay require the _ ...
Owner to adjust the amount of the financial security for local increases in construction
As portions of the improvements are eompleted, the City shall inspect them, and upon
approval and act:eptance, shall authorize the release of the agreed estimated costs for that
portion of the improvements, except that ten percent (10°!°) of the estimated costs of the
improvements shall be withheld for the benefit of the City until (i) all of the
improvements have been inspected and accepted by the City, (ii) a two-yeaz maintenance
bond has been provided by the Contractor, and (iii) as-bunts have been provided (if
required).
Separate financial securities and maintenance bonds aze required for civil RO.W.
improvements (i.e. pipelines, sidewalks, and curbs) and landscaping RO.W.
improvements.
22. Material Renresentations. All material representations made by the
Owner on record, whether in public hearings or_iru documentation presented before City
Council or the P&Z, shall be binding upon the Owner.
23. Enforcement In the event the City deteffiines that the Owner is not in
substantial compliance with the terrBS of this Agreement or of the Final Plat, the City may
serve a notice of noncompliance and request that the deficiencies be corrected within a
period offorty-five (45) days. In the event the Owner believes that s/he is in compliance
or that the noncompliance is insubstantial, the Owner may request a hearing before the
City Council to determinb whether the alleged noncompliance exists or where any
amendment, variance, or extension of time to comply should be gamed. On request, the
7
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1
16 06 1O:26a yr~'ace
19~`5,~270919
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Subdivision Exemption Agreemers[ I ~~ (( uu ~I + ! `'
Pag rsl g La Spkt 1111111 III III' III III I~~~II II~'I ~II ~I~~ IIII IIII 6~ 6 38(~ 04:2_ -
R 66.00 D O.Ba
City shall conduct a hearing according to its standard procedures and take sneh action as -
it deems appropriate. Th® City shall be entitled to all remedies at egirity and at law to
enjoin, coaect and/or receive damages for any noncompliance with this Agreement
23. Notices. Notices to the parties shall be sent in writing by U.S. certified
mail, return receipt requested, postage prepaid, Such notices shall be deemed received, if
not sooner r~eived, three (3) days after the date of the mailing of the same.
To the Owner: Aspen FSP-ABR, LLC
c/o Len Mongeon
Fountain Squaze Properties, LLC
11921 Freedom Drive, Suite 950
Reston, VA 20190
To the City: City Attorney
City of Aspen
130 South Galena Sheet
Aspen, C^O 81611
TA. Bindia¢ Effect. The provisions of this Agreement shall nm with and
constitute a burden on the land and shall be binding upon and inure to the benefit of the
Ownets,.their successors and assigns, an to c ity an its successors assigns.
25. Amendment This Agreement maybe altered or amended only by
written instrument executed by all parties hereto, with the same formality as this
Agreement was executed. _
26. Severability. If any provision of this Agreement is determined to be
invalid, such invalidity shall not affect the remaining provisions hereof.
IN WITNESS R'HEREOF, the parkies.hereto have executed this Subdivision
Exemption Agreement the day and year first written above.
[remainder of page intentidnally left blank]
9
JUG 18 06 10:26a {'`ace 1~°270819 P, 27
`/ --
t Subdivision Ezemprion Agreement
Pageloofl! IIIpII I 52~5369r u -
BoomerongLoiSplit I~IuIIIINIIIIIIIIN~IIIII~lllllllf111111Illllll 06/16/2006 04:2:
DI ~wILL GITKIN CDUN7y Cp R 56.00 D 0.00 _ _.
OWNER:
ASPEN FSP-ABR, LLC, a Delaware limited liability company
By: BROWN REALTY MANAGER, INC.,
a Delaware .oration, its uag~
By:'
Name: THo+.ws Sv,eT~,.J
Title: ditE /~~~f/9G.yT
By: FOUNT SQUARE PROPERTIES, LLC,
a V~A"mit~d liability company, its Manager
Title: Manger
STATE OF q ua a )
-K
The foregoing was sworn and subscribed to before me this ~ day of
TN 6 .2006, by T.i.,.ees 6«Kro.~/ , in his capacity as ~er ~~/OE.J>-
for Brown Realty Manager, Inc. _
Witness my hand and official seal
My commission expires ~'~- - T - 2-~ L
Notary Public
STATE OF V 1 ~A~ } -s'~
uau~ „_ Y
F ) ~' ''c
:foregoing was sworn and bscribed to before me this ~ day of
'"` , 2006, by ~Q~Y I~4~1. i'GI.PC~V , in his capacity as l~j' (~Q~
in Square Properties, LLC.
pun,;.~`Witness my hand and official seal.
"""~~ My commission expires l 1
Notary Public
to
Jt 18 06 10:26a ~ ice
Subdivision Exemption Agreement
Boomerang Lot Split
Page 11 of 11
APPROVED:
19~^070819
,~
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G--'r7ui i~3&n~s£~~
0 o ea, City Attorney
THE CITY OF ASPEN, COLORADO
a municipal corporation
By:
el an Mayor
STATE OF COLORADO )
ss.
COUNTY OF PTTKIN )
ATTEST:
By: - - -U
Kathryn Koch, City Clerk
The foregoing was sworn andsubscn'be"d iA before me this ~'~ay of "
2006, by Helen"Kalin KLmderud an Mayor and
Clerk, respectively, of the City of Aspen, a Municipal !+ ~'Vl ~ ~~ ,Q
Witness my hand and officials __ ~ "`~
My commission expires ~'
ublic
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' i JAQpE
.,.: L07H~A':
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71
~~
,~
...~
DEVELOPMENT ORDER
of the
City of Aspen
Community Development. Department
EXHIBIT
l~
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 development of a site specific
development plan pursuant to the provisions of the land use approvals, described herein.
The effective date of this Order shall also be the initiation date of a three-yeaz vested
property right. The vested property right shall expire on the day after the third
anniversary of the effective date of this Order, 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 this Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below.
Ashen FSP-ABR. LLC c/o Steve R Stunda. 602 N Fourth Street Aspen. CO 81611 925-7604
Property Owner's Name, Mailing Address and telephone number
Avenues on the south side of Hoplans (no address assigned).
Legal Description and Street Address of Subject Property
A rezonine of the property from R-15 (Moderate Density Residential) with PUD and Lodge
Preservation Overlays) to R-6 (Medium Density Residential) and a lot split to create two
karate residential lots to be developed in accordance with the provisions of Ordinance No. 06
Series of 2006.
Written Description of the Site SpeciSc Plan and/or Attachment Describing Plan
Land Use Approval(s) Received and Dates (Attach Finsl Ordinances or Resolutions)
Apri128, 2006
Effective Date of Development Order (Same as date of publication of notice of approval.)
Ami128, 2009
Expiration Date of Development Order (The ertension, reinstatement, exemption from
expiration and revocation may be pursued in accordance with Section 26308.010 of the City
of Aspen Municipal Code.)
~..,r
Issued this 19th day of April, 2006, by the City of Aspen Community
Development Director.
Chris Bendon, Community Development
_.
_._
~ ~ ~ .~
RESOLUTION N0. 3
(SERIES OF 2006)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING THAT CITY COUNCIL' REZONE THE
VACANT "BOOMERANG PARCEL" TO THE R-6 (MEDIUM-DENSITY) ZONE
DISTRICT AND APPROVE A LOT SPLIT, CREATING LOTS 1 AND 2 OF THE
BOOMERANG LOT SPLIT, CITY OF ASPEN, PITHIN COUNTY, COLORADO.
Parcel ID: 2735-124-66-001
WHEREAS, the Community Development Department received an application
from Aspen FSP-ABR, LLC, requesting to rezone the vacant "Boomerang Pazcel"
containing portions of Lots A-I, Block 32, City and Townsite of Aspen from the R-15
(Moderate-Density Residential) Zone District with a PIJD and Lodge Preservation Crverlay
to the R-6 (Medium-Density Residential) Zone District and requesting approval of a Lot
Split to divide the 19,737 square foot property into a pazcel of approximately 7,500 square
feet and a parcel of approximately 12,237 square feet; and,
WHEREAS, upon review of the application, the applicable code standards, the
Community Development Department recommended approval with condition of the
proposed rezoning and lot split application; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein; and,
WHEREAS, during a duly noticed public hearing on January 24, 2006, the
Planning and Zoning Commission approved Resolution No. 3, Series of 2006, by a five
to one (5-1) vote, recommending that City Council rezone the subject property to the R-6
Zone District, and rewmmending that City Council approve the requested lot split with
conditions; and,
WHEREAS, the Planning and Zoning Commission fmds that the development
proposal meets or exceeds all applicable development standazds and that the approval of the
development proposal is consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the Planning and Zoning Commission 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 OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
Section 1:
Pursuant to the procedures and standazds set forth in Land Use Section 26.310, Amendments
to the Land Use Code and O~cia! Zone Distract Map, the Planning and Zoning
Commission hereby recommends that City Council rezone the vacant "Boomerang Pazcel"
containing portions of Lots A-I, Block 32, City and Townsite of Aspen, from the R-15
r.
(Moderate-Density Residential) Zone District with a PUD and Lodge Preservation Overlay
to the R-6 (Medium-Density Residential) Zone District.
Section 2:
Pursuant to the procedures and standards set forth in Land Use Section 26.480.030(A)(2),
Subdivision Exemptions: Lot Split, the City Council approves a lot split to divide the vacant
"Boomerang Pazcel" into Lot 1 of approximately 7,500 squaze feet and Lot 2 of
approximately 12,237 square feet for the construction of a total of three (3) detached
dwelling units, with the conditions contained herein. Lot 1 is limited to one (1) single family
residence of 3,450 square feet and Lot 2 is limited to two (2) detached residences totaling
4,274 square feet.
Section 3: Subdivision Exemption Plat
The Applicant shall submit and record a subdivision exemption plat that meets the terms
of Land Use Code Section 26.480 in the office of the Pitkin County Clerk and Recorder
no later than 180 days after final approval is obtained. Furthermore, the Lot Split Plat
shall clearly label the proposed lot line that separates Lot 1 from Lot 2 and show all
easements of record.
Section 4: Subdivision Exemption Aereement
The Applicant shall submit and record a subdivision exemption ageement that meets the
terms of Land Use Code Section 26.480.030, in the office of the Pitkin County Clerk and
Recorder no later than 180 days after fmal approval is obtained.
Section 5: Buildin¢ Permit Application
The building permit application for each of the residential units shall include the
following:
1. A copy of the final Ordinance and P&Z Resolution.
2. The conditions of approval printed on the cover page of the building permit set.
3. A completed tap permit for service with the Aspen Consolidated Sanitation
District.
4. 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. The tree removal permit application shall be accompanied by a
detailed landscape plan indicating which trees are to be removed and new
plantings proposed on the site. Additionally, aright-of--way landscaping plan
shall be provided as part of the building permit application identifying that any
trees removed from the right-of--way will have to be relocated. Any disruption or
damage to the right-of--way irrigation system during construction shall also be
repaired to the satisfaction of the Parks Department.
~~
,..
A drainage plan, including an erosion control plan, prepazed by a Colorado
licensed Civil Engineer, which maintains sediment and debris on-site during and
after construction. If a ground recharge system is required, a soil percolation
report will be required to correctly size the facility. A 5-yeaz storm frequency
should be used in designing any drainage improvements.
6. A construction management plan pursuant to the requirements. The construction
management plan shall include a plan for protecting the Midland and W. Hopkins
Avenue Trails during construction. This plan shall be reviewed and approved by
the Parks Department prior to building permit issuance.
7. A fugitive dust control plan to be reviewed and approved by the City Engineering
Department.
Section 6• Growth Management Allotmeu_ts
The Applicant shall obtain administrative growth management approval and provide
affordable housing mitigation by enacting one of the acceptable mitigation measures for
each of the three (3) residential dwelling units to be constructed on Lots 1 and 2 of the lot
split pursuant to Land Use Code Section 26.470.040(B)(1), Administrative GrowtH
Management Review.' Detached single family or duplex dwelling units, as amended from
time to time. Any ADU to be constructed on Lots 1 and 2 shall meet the ADU design
standards set forth in Land Use Code Section 26.520.050, ADUDesign Standards.
Section 7: Use and Dimensional Requirements
The lots created by the lot split shall be subject to the use and dimensional requirements
of the R-6 (Medium Density Residential) Zone District. The residential dwelling units to
be developed on Lot 2 shall be constructed as two (2) detached dwelling units rather than
an attached duplex configuration as is proposed by the application.
Section 8: Residential Design Standards
All residential dwelling units to be constructed on Lots 1 and 2 shall meet the residential
design standards in place at the time of building permit.
Section 9: Vehicular Access
Vehicular access to Lot 1 shall be taken from the South Fourth Street stub located
directly to the east of the property. There shall not be any vegetation taller than 30 inches
from existing grade planted within the area fifteen (15) feet south or north of the
driveway to be accessed from 4`s Street, at the property line or in the public right-of--way
to maintain a sufficient view corridor for trail users to see vehicles crossing the trail. The
Applicant shall also relocate the existing Midland Trail sign to the south side of the
driveway and attach a new sign on the backside of the Midland Trail sign indicating the
presence of the driveways crossing the trail to trail users.
Vehiculaz access to Lot 2 shall be taken from West Hopkins Avenue via a single curb cut.
The residential units on Lot 2 shall share a single driveway and the curb cut that shall be
located such that it will not provide a net loss in on-street parking in the W. Hopkins
Avenue Right-of--Way. The driveway access shall meet the City Engineering
Department's standards for drive ramps. The driveway entrance points shall be in
substantially the same location as they are shown in the addendum to the application.
Section 10: Curb and Gutter
The Applicant shall construct curb and gutter along the West Hopkins Avenue frontage
of the property being divided prior to issuance of a certificate of occupancy for any of the
units in the project. The timing of this installation may be changed if approved by the
City Engineer. If the W. Hopkins Pedestrian Trail is altered during construction, the
Applicant shall repair the trail to the condition it was in prior to construction.
The radii of the curb cut shall be the minimal that functions for its purpose as a driveway.
The applicants shall work with the Community Development Engineer to determine an
appropriate sizing.
Section 11: Trail Easement
The Applicant shall grant a four (4) foot wide public trail easement to the City of Aspen
along the western side property line of Lot 2 and on the westernmost 90 feet of Lot 2,
running directly adjacent to the southern property line. A slightly wider easement shall
be granted at the southwest comer of Lot 2 to allow for a moderate taming radius on the
trail. The exact location of this easement shall be approved by the Parks Department
prior to recordation of the final subdivision exemption plat. This easement shall be
shown on the subdivision exemption plat and shall be described in the subdivision
exemption agreement.
Section 12: Landscaoina
The Applicant shall install a tree root barrier on the trees that aze to be planted within ten
(10) feet of the W. Hopkins trail to prevent future root damage and trail upheaval. The
Applicant shall also install tree saving construction fences around the drip line of any
trees to be saved subject to the following provisions:
a. The City Forester or his/her designee must inspect this 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 drip line.
Section 13: Soil Subsidence and Rock Fall Hazards
The Applicant shall submit geotechnical and soil stability reports performed by a
qualified, licensed engineer demonstrating the land is suitable to handle the proposed
development. The Applicant shall also submit a report from a qualified, licensed
engineer demonstrating that rock fall from the slope above the proposed development
will be sufficiently mitigated to prevent rock fall hazards. This report shall be submitted
for review by the Community Development Department prior to the issuance of full
swctural building permits.
Section 14: Fire Mitieation
The Applicant shall install a fire sprinkler system that meets the requirements of the
Aspen Fire Marshal in any residential unit that is 5,000 square feet or more. Use of
charcoal grills shall be prohibited in this development because of fire danger concerns.
This prohibition shall be included in the HOA documents for the development.
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. No clear water connections (roof, foundation, perimeter drains) to ACSD
lines shall be allowed.
Section 16: Park Development Impact Fees
Park Development Impact Fees shall be assessed on each residential unit constructed on
Lots 1 and 2 at the time of building permit issuance. The park development impact fees
shall be calculated by the City Zoning Officer at the time of building permit issuance
using the fee schedule in place at said time.
Section 17: School Land Dedication Fees
School Land Dedication Fees shall be assessed on the proposal pursuant to Land Use
Code Section 26.630, Schoo/ Lands Dedication, and a proportionate amount of all
applicable impact fees shall be due at the time of building per[nit issuance for each
residence within the lot split.
Section 18: Exterior Liehtipe
All exterior lighting shall meet the City's Lighting Code Requirements pursuant to Land
Use Code Section 26.575.150, Outdoor Lighting.
Section l9: Previous Approvals
Upon recordation of the subdivision exemption plat, the previous lodge approvals will
become null and void.
Section 20:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awazded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, aze
hereby incotporated 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 21:
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.
,-.._ __
''1
Section 22:
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
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 24th
day of January, 2006.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
Ci Attorney )
ATTEST:
~'~'
ackie Lothian, Deputy City Clerk
J~~~
Jasmine Tygre, Chair
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