HomeMy WebLinkAboutcoa.lu.pu.Pitkin Reserve PUD Amendment.1989/..-..
MEMORANDUM
TO: Land Use Files
FROM: Jessica Garrow, Planner C~~
RE: Pitkin Reserve PUD allowable FAR
DATE: December 8, 2006
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In the Pitkin Reserve Land Use Files there are discrepancies regarding the allowable FAR
in the PUD. This Memorandum is intended to clarify the various documents in the Land
Use Files.
There were a number of PUD Amendments dealing with allowable FAR that do not
appear to have been recorded. The findings in this Memo are intended to govern the
allowable FAR in this PUD.
On October 10, 1988, the City Council approved an FAR change between lots 3 and 4 on
the consent agenda. Part of the motion stated that the total allowable FAR in the PUD is
40,350 square feet. Other items in the Land Use files indicate the total allowable FAR in
the PUD is 45,850 square feet. There are no Planning or other City Official signatures ,
and there are no documents in the Land Use files stating this larger FAR number is
correct. There are Planning Staff signatures on other documents, including a 1991 letter
signed by Diane Moore, that agree the total allowable FAR in the PUD is 40,350 square
feet. Based on these signatures the Community Development Staff has determined that
the total allowable FAR in the PUD is 40,350 square feet.
In a June 30, 1987 document, then Planning Director Alan Richman approved of the
moving of 196 square feet FAR from Lot 1 to Lot 2. Based on this document, as well as
the above referenced 1991 letter, the Community Development staff has determined the
following FAR figures to be correct:
Lot 1 6,528 sf
Lot 2 6,920 sf
Lot 3 6,724 sf
Lot 4 6,724 sf
Lot 5 6,724 sf
Lot 6 6,724 sf
Lot 7 6,724 sf
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P.U.D. AND SUBDIVISION AGREEMENT
FOR
PITKIN RESERVE
This P.D.D. aid Subdivis';on Agreement is made and
entered into this~ati-*Xday of ~ ,, , 1982, by and
between THE CITY OF ASPEN, COLORADO, a M nicipal Corporation
(hereinafter referred to as "City"), PIT IN LIMITED, a
Colorado corporation (hereinafter referred to as "the Owner"),
and Aspen Mountain Park, a Colorado general partnership
(hereinafter referred to as "AMP)
RECITALS
1. The Owner has submitted to the City for
approval, execution and recordation, the final plat and
development plan of a tract of land situate within the City
of Aspen, Colorado, legally described on Exhibit "A" attached
hereto and incorporated herein by this reference, and desig-
nated as "Pitkin Reserve" ("The Plat"); and
2. The City has caused the annexation of the
real property covered by the Plat to the City of Aspen and
resulting zoning of the property to R-30/PUD; and
3. The City has fully considered The Plat, the
proposed development, the improvement of the land and the
burdens to be imposed upon other adjoining or neighboring
properties by reason of the proposed development and improve-
ment of land included in the Plat; and
4. The City is willing to approve, execute and
•accep~ the Plat for recordation upon agreement of the Owner
to t matters herein described, and subject to all of the
requi ements,-terms and conditions of the City of Aspen ,PUD
and subdivision regulations now in effect and other laws,
rules and regulations as are applicable; and
5. The City has imposed certain conditions and
requirements in connection with its approval, execution and
recordation of the Plat, such matters being necessary to
protect, promote, and enhance the public welfare; and
6. The Owner is willing to acknowledge,. accept,
abide by and faithfully perform the conditions and require-
ments imposed by the City in approving the Plat; and
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7. The submitted plat assumes and anticipates two
distinct developments viz., the one shown on the Plat and
hereinafter described and the other, herein referred to as
the Smuggler Mobile Home Park, which is to be developed by
its owner, AMP, on other real property more particularly
described on Exhibit "B" hereo; and
8. The Owner is the transferee from AMP of the
"free market" development rights to be employed in connection
with Pitkin Reserve, which development rights result from
and, as hereinafter provided, are conditioned upon the
development activity described in the Precise Plan and
Subdivision Agreement for Smuggler Mobile Home Park; and
9. The Owner and AMP acknowledge, understand and
agree that fulfillment of the terms, conditions and require-
ments of the Precise Plan and Subdivision Agreement For
Smuggler Mobile Home Park is a pre-condition to the approvals
of the City herein granted and to the development activity
herein described; and
10. In recognition of the interrelatedness of the
two developments, AMP shall be and has become a party signa-
tory to this Agreement; and
11. Under the authority of Section 20-16(c) and
24-8.6 of the Municipal Code of the City of Aspen, Colorado,
the City is entitled to assurance that the matters herein-
after agreed to will be faithfully performed by the Owner;
NOW, THEREFORE,
AGREEMENT
IN CONSIDERATION OF THE PREMISES, the mutual
covenants herein contained, and the approval, execution and
acceptance of the Plat for recordation by the City, it is
mutually agreed as follows:
I.
GENERAL DEVELOPMENT PLAN
The Pitkin Reserve development as shown on the
Plat consists of twenty acres, more or less, and includes
the following elements:
A. Development Parcel. All land to the north of
the Denver and Rio Grande Western ("D & RGW") Railroad
Right-of-F7ay shown on the Plat shall be and constitute the
Development Parcel. The Development Parcel consists of
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7.064 acres, more or less, and shall be owned, improved,
marketed and sold by the Owner or its assigns on the open or
"free market" basis.. Approximately 358 of the Development
Parcel will be used for the construction of not more than
twelve residential free-market housing units and one detached
deed restricted employee housing unit. The following features
shall further define and describe the Development Parcel:
(1) Free Market Development -- Lots 1-12.
The Development Parcel shall contain not more than twelve
separately designated fee simple lots, each consisting of
the land under and in the immediate vicinity of the twelve
homes to be constructed thereon, which shall be paired in
duplex fashion with a party wall straddling a common boundary
line creating a zero lotline. Each such lot shall be deemed
augmented in size by an undivided one-twelfth (1/12) interest
in the common area component of the Development Parcel
described below. Prior to its conveyance by the Owner to any
third party, each unit shall be deed or covenant restricted
to six (6) month minimum lease terms with no more than two
(2) shorter tenancies per year, and the document of conveyance
of any such unit shall expressly recite that the unit is so
restricted to six (6) month miniumum lease terms with no
more than two (2) shorter tenancies per year.
(2) Employee Housing. ~9ithin the common
area component of the Development Parcel described below,
one (1) employee housing unit shall be constructed, the use
and occupancy of which shall be restricted, as hereinbelow
provided, by a covenant that runs with the land to a resident
caretaker-employee for and of the owners (or a collective
association thereof) of the free-market units. The caretaker-em-
ployee may be charged a monthly rental (which may be offset
against salary) not to exceed employee "middle income"
guideines applicable at the time hereof. The employee
housing unit may also include storage facilities for maintenance
equipment and the like.
(3) Common Area -- Lot 13. Approximately
658 of the Development Parcel shall consist of commonly
owned area, which shall be owned by the owners of Lots 1-12
as a non-partitionable undivided appurtenance to their lots.
The common area shall be managed and maintained as provided
in Section VIII, paragraph C, below.
(4) Site Data Tabulations. The Development
Summary and Site Data Tabulations hereto annexed as Exhibit
"C" and incorporated by reference herein defines and describes
further and more specific allocation of the uses anticipated
within the Development Parcel.
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B. Public Open Space -- Lot 14. Approximately
13 acres, more or less, consisting of all acreage within the
Pitkin Reserve Subdivision to the south of the D & RGW
Railroad Right-of-Way shown on the Plat, has been forever
restricted to its present natural state as open space to the
exclusion of any improvements of whatsoever nature or kind,
with the exception of non-vehicular paths and trails and
underground public improvements. Ownership of such open
space shall be in Pitkin County, Colorado; provided, however,
and always, that the benefit of the above-described open
space restriction and dedication shall be specifically
enforceable by (1) the City and/or (2) the Owner, its successors,
grantees and assigns, including the owners (or an association
thereof) of Lots 1-12 within the Development Parcel.
II
INTERRELATION OF PITKIN RESERVE AND
SMUGGLER MOBILE HOME PARK
' A. Development Assumptions. As hereinabove
recited, the submitted Plat assumes and anticipates two
distinct developments -- viz., the one shown on the Plat and
herein described, and the other to occur on real property
more particularly described on Exhibit "B" hereto. The
other development -- the Smuggler Mobile Home Park, which is
being developed by its owner, AMP contemplates (a) the
conversion of some eighty-seven units from existing uncon-
trolled housing to housing that shall be deed or covenant
restricted in terms of rental and resale price controls in a
manner consistent with the provisions of the Aspen Municipal
Code in such cases made for the preservation of employee
housing; and (b) the construction of seventeen new housing
units that shall be deed or covenant restricted in accordance
with the provisions of the Aspen Municipal Code in such
cases made to induce the construction of employee housing,
all to the end and extent that in respect of these provisions
and development including, for purposes hereof, the em-
ployee-caretaker unit described in subsection A(2) above,
allowance is made for exceptions to or exemptions from the
growth management quota system of Article XI, Section 24 of
the Aspen Municipal Code. Although the review process for
each development has occurred independently of the other,
each development having been reviewed on its own merits, for
purposes of such exceptions to or exemptions from the growth
management quota system, it is agreed and understood that
the two developments shall be considered together as an
integrated whole.
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B. Interrelatedness of Improvements. In view of
the dual ownership, nature and situs of the developments,
and in consideration of governmental approvals given in
connection with each, it is (a) acknowledged that the performance
of the respective obligations of the Owner relative to
Pitkin Reserve and of AMP relative to the Smuggler Mobile
Home Park are mutually dependent upon one another and the
performance thereof shall be and remain conditions to the
obligations, agreements and approvals of the City herein
made or given or made or given in respect of any development
activities at the Smuggler Mobile Home Park; and (b) agreed
that (i) provision shall be made in a separate Precise Plan
and Subdivision Agreement to which both AMP and the Owner
shall become party signatories, for the construction, installa-
tion and erection of improvements within or upon the Smuggler
Mobile Home Park; and notwithstanding the foregoing that
(ii) as hereinafter used "Improvements" shall be deemed to
refer only to the improvements, facilities and systems to be I
constructed, erected or installed within or upon the property
shown on the Plat and described in-Exhibit "A", hereto.
C. Development Allotments. The City acknowleges
and agrees that the conversion of the eighty-seven (87)
mobile home units at the Smuggler Mobile Home Park to res-
tricted housing units and the construction of seventeen (17)
new mobile homes at the Smuggler Mobile Home Park, which
conversion and construction will proceed and shall result in
restricted housing in the manner more particularly set forth
in the Precise Plan and Subdivision Agreement for Smuggler
Aiobile Home Park, which plan and agreement is incorporated
by reference herein, shall and pursuant to the exception
provisions to the allotment procedures of the growth management
quota system set forth in Sections 24-11.2(i) and (k) does
result in the exception from compliance with the allotment
procedures of the growth management quota system of development
activity consisting of not less than nineteen (19) otherwise
non-exempt free-market housing units, twelve (12) of which
are to be employed in connection with this Pitkin Reserve
development; provided, however, that the Owner acknowledges
that a certificate(s) of occupancy on the free market units
contemplated herein, for Pitkin Reserve or any other free
market development rights resulting from such exceptions to
the growth management quota system shall not issue until the
City is satisfied that the terms, conditions and requirements
set forth in the Precise Plan And Subdivision Agreement For
Smuggler Mobile Home Park, hereinabove referenced, are
fulfilled or adequate provision for their fulfillment made.
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III.
EMPLOYEE HORSING DEDICATION AND RESTRICTION
The Owner hereby covenants with the City that the
employee unit described above in Section I, paragraph A(2)
shall be restricted in terms of its use and occupancy to a
resident caretaker-employee for and of the Owner of Lots
1-12 (or a collective association thereof), to whom a monthly
rental (which may be offset against salary) may be charged
not to exceed "middle income" guidelines from time to time
established by the City. In the event the owners of Lots
1-12 (or a collective association thereof) shall determine
not to employ a resident caretaker-employee, as above provided,
they (or it) shall have the right to lease the unit to an
individual(s) who shall otherwise meet the income and occupancy
eligibility requirements generally established and applied
by the City in respect of employee housing and who may be
charged a rent not in excess of "middle income" guidelines
from time to time established by the City, the proceeds of
which shall be used to defray common maintenance and related
costs associated with Lot 13. The foregoing covenant shall
be deemed to run with Lot 13 as a burden thereto for the
benefit of and shall be specifically enforceable by the City
by any appropriate legal action including injunction, abatement,
eviction or rescission of any non-complying tenancy, for the
period of the life of the longest lived member of the presently
existing City Council of the City of Aspen, Colorado, plus
twenty-one (21) years, or for a period of fifty (50) years
from the date of recording hereof in the Pitkin County,
Colorado real property records, whichever period shall be
less.
IV.
CONSTRUCTION OF IMPROVEMENTS
A. Nature and Estimated Costs of Improvements.
Owner hereby agrees to be responsible for the making and
installation of the improvements to be contained within the
development indicated on the Plat, to the extent required by
Section 20-16(a) of the Municipal Code. The nature, extent
and estimated cost of such improvements shall substantially
conform to the schedule entitled "Pitkin Reserve Improvements
Schedule" annexed hereto and made a part hereof as Exhibit
nD"
B. Construction Schedule. In accordance with
the requirements of Section 20-16(c)(1) and 24-8.9(b) of the
Municipal Code, construction of all development improvements
shall substantially conform to the "Development and Construction
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Schedule" annexed hereto and made a part hereof as Exhibit
"E", except to the extent of amendment thereto in the manner
set forth in Section V, below, which schedule includes the
dates anticipated for the beginning and completion of the
improvements. The Owner further agrees that (1) no under-
grounding of any utilities will occur between November 1 and
April 15 of any year; and (2) it will in all events employ
its reasonable best efforts toward the completion of construction
of the improvements by the earliest time in all the circumstances
attainable.
C. Landscaping Plan. In accordance with Section
24-8.16 of the Municipal Code, all landscaping shall substan-
tially conform to the "Landscape/Unit Plan" annexed to the
Plat and incorporated herein by reference, and to the "Landscape
Concept" described in Exhibit "F" hereto attached, which
together show the extent and location of all plant materials
and other landscape features, flower and shrub bed definition,
proposed plant material at mature sizes in appropriate
relation to scale, species and size of existing plant material,
proposed treatment of all ground surfaces (e.g•, paving,
turf, gravel, etc.), location of water outlets, and a plant
material schedule with common and botanical names, sizes,
quantities, and methods of transplant. Landscaping will be
completed in a logical phasing sequence commensurate with
the phasing of the improvements contemplated in the Development
and Construction Schedule. Additionally, and in lieu of any
bond to insure the installation, maintenance and replacement
of all landscaping, as the City otherwise would have the
right to require pursuant to Section 24-8.16 of the Municipal
Code, the City and the Owner agree and acknowledge that no
certificate(s) of occupancy for the free market units contem-
plated herein for Pitkin Reserve shall issue unless the City
is satisfied that all such landscaping is installed, or
adequate provision made for its installation, and adequate
provision is made for the maintenance and replacement of such
landscaping for the two (2) year period succeeding its
installation.
D. Willoughby Way. The Owner shall assume and be
responsible for the repair, replacement and restoration of
and to Willoughby Way due to any damage or injury thereto
caused as a result of construction activities associated
with the Pitkin Reserve development.
E. Utilities Underground. All utility systems to
serve and crossing the Pitkin Reserve Development Parcel
shall be placed underground.
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v.
NON-COMPLIANCE AND REQOEST FOR AMENDMENTS
OR EXTENSIONS BY OWNER
In the event that the City determines that the
Owner is not acting in substantial compliance with the terms
of this agreemnt, the City may issue and serve upon the
Owner~a written order specifying the alleged non-compliance
and requiring the Owner to cease and desist from such
non-compliance and rectify the same within such reasonable
time as the City may determine and specify in such order.
Within twenty (20) days of the receipt of such order, the
Owner may file with the City a notice advising the City that
it is in compliance or a written petition requesting a
hearing to determine any one or both of the following matters:
(a) whether the alleged non-compliance exists or
did exist; or,
(b) whether a variance, extension of time or
amendment to this agreement shall be granted with respect to
any such non-compliance which is determined to exist.
Dpon the receipt of such petition, the City shall
promptly schedule a hearing to consider the matters set
forth in the cease and desist order and in the petition.
The hearing shall be convened and conducted pursuant to the
procedures normally established by the City for other hearings.
If the City determines by a preponderance of the evidence
that a non-compliance exists which has not been remedied, it
may issue such compliance orders as may be appropriate;
provided, however, no order terminating any approval granted
herein shall be granted without a written finding of the
City that clear and convincing evidence warrants such action
and affording the Owner a reasonable time to remedy such
non-compliance. A final determination of non-compliance
which has not been remedied or for which no variance has
been granted shall, at the option of the City, and upon
written notice to the Owner terminate any of the approvals
contained herein.
In addition to the foregoing, the Owner may, on
its own initiative, at any time petition the City for an
amendment to this agreement and the exhibits annexed hereto
or to extend any of the time periods required for performance.
With respect to the Pitkin Reserve Improvements Schedule
(Exhibit D), and the Development and Construction Schedule
(Exhibit E), the Owner has made various assumptions, which
the City hereby acknowledges and accepts, including the
following:
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(1) Completion in an expeditious manner of
the bidding, contractor selection, and implementation phases
to meet the dates indicated;
(2) Confirmation of the construction schedule
by selected contractors;
(3) Availability of the required labor and
materials during each phase.
(4) Sale of residences at a rate that would
permit the phasing suggested in the Development and Construction
Schedule.
The City shall not refuse to extend the time
periods for performance indicated in the Development and
Construction Schedule or refuse to allow reasonable adjustments
to the Schedule if the Owner demonstrates by a preponderance
of the evidence that the reasons for such extension or said
adjustments result from the failure of such assumptions by
reason of events beyond the control of the Owner or are
otherwise beyond the control of the Owner despite good faith
efforts on its part to accomplish the same.
As is set forth below, the foregoing procedures
relative to non-compliance, amendments or extensions shall
not apply in respect of (a) the rights of the City pursuant
to the Financial Assurances of the Owner described in Section XI,
below; or (b) the rights of the City in the event of a
failure to maintain common facilities, which rights are more
particularly described in Section VIII, paragraph C, below.
VI.
EASEMENTS, RIGHTS OF WAY, AND RELOCATIONS
The attached Plat sets forth certain easements,
rights of way, and anticipated relocations that will be
necessary to cause the improvements anticipated thereon,
which easements, rights of way and relocations include the
following:
A. Connecting Pedestrian Trail Easement. As
shown on the Plat, the Owner hereby dedicates to the City a
twelve-foot (12') pedestrian trail easement within and upon
the twenty-foot (20') service road easement also shown on
the Plat and described below for use by the pedestrian
public as a connecting link between the "Rio Grande Horse
and Bicycle Trail" and Willoughby Way.
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B. Relocation of Railroad Right of Way. As
shown and indicated on the Plat, Pitkin County, Colorado,
the owner of the D & R G W Railroad Right of Way, and the
Owner have agreed to the exchange of deeds in order to
effect a relocation of the right of way to the configuration
and meander actually shown on the Plat. The Plat and this
Agreement are subject to and conditioned upon the consumma-
tion of the exchange and the recording of the resulting
exchange deeds. In connection with the relocation of the
right of way and development activities associated with the
Pitkin Reserve project, the Owner covenants and agrees that:
(1) Relocation and development shall be done
in a manner not inconsistent with the use at any time in the
future of the relocated right of way for railroad purposes;
(2) In the event that any portion of the
existing "Rio Grande Horse and Bicycle Trail" which now lies
within the present meander of the railroad right of way is
damaged or requires relocation as a result of the development
activities herein contemplated or relocation of the railroad
right of way, it will, at its expense and as promptly as in
the circumstances can be done, repair such damage and effect
the relocation, realignment or restoration of the horse and
bicycle trail; and
(3) It will grant such other and further
easements that may be necessary in order fully to effect the
relocation of the right of way and any appurtenant systems,
including the horse and bicycle trail and proximate utility
systems.
C. Service Road Easement. The owner hereby
dedicates and confirms the twenty-foot (20') service road
easement shown and indicated on the Plat for access, including
by means of motorized maintenance vehicles, to Lot 7, Pitkin
Green Subdivision for the purposes of maintaining the water
wells and equipment thereon situate, and for pedestrian and
motorized access, including by construction and maintenance
vehicles, to the Pitkin Reserve Subdivision, which dedication
and confirmation is made to the extent above-provided for
the benefit of owners of real property within the Pitkin
Green and Pitkin Reserve Subdivisions, their guests, invitees
and licensees.
D. Access Easement. The owner hereby dedicates
and grants unto the owner(s) of Lots one through twelve of
the Pitkin Reserve Subdivision the thirty-foot (30 :) access
and utility easement shown and indicated on the Plat for
their sole and exclusive use and enjoyment and that of their
guests, invitees and licensees.
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alia, of the City and a common area that envelopes the
separately designated fee simple lots. Respective responsi-
bilities, limitations, covenants and agreements regarding
the management, maintenance and use of the open space and
common area parcels include the following:
B. Publicly Owned Open Space -- Lot 14. Lot 14
shall be owned by Pitkin County, Colorado and, as such shall
be managed and maintained permanently and entirely by Pitkin
County within such framework as it may establish but which
shall not be inconsistent with the open space purposes in
perpetuity for which the land was dedicated as above set
forth, and in this respect reference is specifically made to
the rights of the City therein, as described in Section I,
paragraph B, above.
C. Common Area -- Lot 13. Lot 13 shall in its
entirety be owned in common by the owners of Lots 1-12, the
owner(s) of each lot to own an undivided interest therein as
a non-severable appurtenance to his or her lot. As indicated
elsewhere herein and upon the Plat, Lot 13 will be improved
with an employee-caretaker unit of approximately 800 square
feet of living space, together with approximately 800 square
feet for storage space, will accommodate a thirty foot (30')
easement for access to the lots and for utility purposes and
will support the landscaping plan. Management and maintenance
of Lot 13 shall be the responsibility of a collective home-
owner's association consisting of the owners of Lots 1-12
and shall by it be undertaken pursuant to such provisions as
shall be set forth in recorded covenants providing for such
policies and procedures governing the use and maintenance of
the common area, including for necessary budgets and financial
reserves to be assessed against association members, and
shall insure permanently the fit and proper maintenance,
repair, replacement and enduring first rate safety and
quality of the entire development, including its landscaped
features, common utility systems and paved areas. Responsi-
bility of the association in this respect may by it be
contractually delegated to a private property management
company or to a salaried employee of the association. The
following shall, as well, apply to the association hereinabove
referred to:
(1) Formation. The association shall be fully
formed and established by the owner prior to the sale of any
lots within the development parcel and pursuant to applicable
statutes governing the formation of Colorado not-for-profit
homeowner's associations;
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E. Utilities and Drainage. There is hereby
established and agreed between the City and the Owner neces-
sary easements for the relocation, installation and mainten-
ance of utilities and the establishment and maintenance of
drainage, as such easements may be specifically set forth on
the utility sheets, the utility relocation sheets, and the
drainage sheets as appended to the Plat.
F. Miscellaneous. All easements, rights of way
and relocations as are urt er shown on the Plat albeit not
specifically herein referred to are hereby established,
granted, dedicated and confirmed by the Owner and authorized
and approved by the City.
VII.
OTHER DEDICATIONS
In accordance with Section 20-18 of the Aspen
Municipal Code the following exemptions and dedications
apply:
A. Exem tion. There are no exemptions from the
application of Section 0-18 of the Aspen Municipal Code
that apply in respect of-the development activity contemplated
for Pitkin Reserve. In the event the Owner hereafter agrees
to deed restrict the employee housing unit to be installed
on Lot 13 to low or moderate income and occupancy eligibility
guidelines, the City agrees at that time, and upon the
recording in the Pitkin County real property records of such
a restriction, to exempt the employee housing unit from the
application of Section 20-18 of the Aspen Municipal Code.
B. Land Dedication. In respect of the free-market
development to occur on an within Lots 1-12 and the employee
housing unit to be installed on Lot 13, the City hereby (1)
accepts the dedication of Lot 14 in the manner and upon the
terms and conditions set forth in Section I, Paragraph B,
above, in lieu of the cash payment referred to in Section
20-18 of the Aspen Municipal Code; (2) confirms as accurate
and accepts the valuation of Lot 14 and the calculation of
the Park Dedication Fee based thereupon set forth in the
Land Valuation and Park Dedication Fee calculation attached
hereto as Exhibit "G"; and (3) agrees that the value of Lot
14 as such is sufficient at least to meet the requirements
of Section 20-18, aforesaid concerning the requirement of
the dedication.
VIII.
OPEN SPACE AND COMMON AREA
MANAGEMENT. MAINTENANCE AND USE
A. General. The plat consists of certain parcels
that include open space dedicated for the benefit, inter
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and thereupon go into effect and apply. The Owner further
acknowledges that the procedure set forth in Section V,
above, pertaining to the procedure for default and amendment
of this agreement shall not be required with respect to the
enforcement and implementation of common facilities maintenance
a set forth and required by Section 24-8.19 of the Municipal
Code.
D. Building Restrictions. The Owner agrees and
hereby covenants that the number of units that will be built
within the Pitkin Reserve subdivision shall not exceed
twelve (12) free market units plus one (1) employee-caretaker
unit and that all areas shown on the plat as being open
space or common area shall remain perpetually so.
E. Party Wall Declaration. In connection with
the sale of each of the improved free market lots (lots
1-12) each transferee will be bound to the terms contained
in a Party Wall Declaration, which prior to the sale shall
by the Owner be recorded in the Pitkin County, Colorado real
property records so as to constitute a binding servitude
upon each fee simple interest in each lot. The Party Wall
Declaration, a proposed form of which is attached hereto as
Exhibit "I", shall govern the ownership and maintenance of
the respective party walls wtihin dwelling units constructed
on the lots and of utility and related systems affecting
such units. The Owner, however, reserves the right to
modify the form and content of Exhibit "G" after the execution
hereof and without the necessity of invoking the amendment
procedure hereinabove set forth in Section V; provided,
however, that any modification shall first be approved as to
legal form and effect by the City Council upon the advice
and recommendation of the City Attorney.
IX.
WATER RIGHTS AND AVAILABILITY
Any water rights. that may be appurtenant to the
Pitkin Reserve Subdivision have been previously conveyed to
the City in consideration of the agreement of the City to
supply water to the Development Parcel, as is more particularly
hereafter set forth.
A 16" main waterline crosses the Development
Parcel (as shown on the Plat between Lots 10 and 11) and
water service lines will be installed as shown on the utility
sheets. The City agrees upon approval of this Agreement and
the Plat through its water department to supply water consistent
with the proper servicing of the needs of the improvements
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(2) Documentation. Operative documents for
the association shall include articles of incorporation, by
laws, and rules and regulations, The City, if it elects,
shall have the right to approve such documents. Additionally,
the association shall be specifically enjoined with the duty
of enforcing such protective covenants as will be recorded
by the Owner for the purpose of preserving the architectural
and aesthetic compatibility of the entire development and
its component features.
(3) Membership Mandatory. Membership in the
association shall be mandatory for each owner of the fee
simple lots (1-12) and shall be automatic upon the recordation
of any instrument transferring a legal or equitable interest
(excluding standard security interests) in or to any of such
lots.
(4) The homeowners' association shall be
responsible for a blanket liability and hazard insurance
policy with respect to the common areas as well as taxes and
maintenance of any recreational and other facilities;
(5) The homeowners' association shall have the
power to levy assessments which will become a lien on individual
fee simple lots (1-12) for the purpose of paying the cost of
operating and maintaining common facilities;
(6) The board of managers of such homeowner's
association shall consist of at least five (5) members who
shall be owners of the fee simple lots (1-12) within the
development.
Proposed covenants respecting the management
and maintenance of Lot 13 are attached hereto as Exhibit
"H". The Owner, however, reserves the right to modify these
covenants after the execution hereof and without the necessity
of involving the amendment procedure hereinabove set forth
in Section V; provided, however, that any modifications
shall not be inconsistent in any respect with the provisions
set forth in subparagraphs (1) through and including (6) of
paragraph C of this Section VIII and shall first be approved
as to legal form and effect by the City Council upon the
advice and recommendation of the City Attorney.
tdoreover, in the event the homeowners' association
(or any successor organization) shall at any time fail to
maintain the common area in accordance with such covenants
the procedures and the rights of the City more particularly
described in Section 24-8.19(b), which is hereby incorporated
by reference as though set forth verbatim herein, shall then
-13-
~'~
d,
~~
bank or savings and loan association; or shall be in the
form of an irrevocable sight draft or letter of commitment
from a financially responsible lender; and such guaranty
shall give the City the unconditional right, upon default by
the Owner, or its successor or assigns, to withdraw funds
upon demand to partially or fully complete and/or pay for
any improvements or pay any outstanding bills for work done
thereon by any party. As portions of the improvements
required are completed, the City Engineer shall inspect
them, and upon approval and acceptance, he shall authorize
the release of the agreed estimated cost for that portion of
the improvements; provided, however, that ten percent (108)
of the estimated cost shall be withheld until all proposed
improvements are completed and approved by the City Engineer.
The Owner, its successors or assigns, hereby
agrees to further provide unto City a warranty as to all
improvements for a period of one (1) year from and after
acceptance by the City as to such improvements.
The Owner shall further guaranty by a maintenance
bond or other suitable means, the repair of any existing
improvements damaged during the course of construction of
new improvements pursuant to the provisions hereof.
It is the express understanding of the parties
that the procedure set forth in paragraph V pertaining to
the procedure for default and amendment of this agreement
shall not be required with respect to the enforcement and
implementation of financial assurance and guaranties to be
provided by Owner as set forth above and required by Section
20-16(c) of the Municipal Code.
XIZ.
MISCELLANEOUS
A. The provisions hereof shall be binding upon
and inure to the benefit of the Owner and City and their
respective successors and assigns.
B. This agreement shall be subject to and con-
strued in accordance with the laws of the State of Colorado.
C. If any of the provisions of this agreement or
any paragraph, sentence, clause, phrase, word, or section or
the application thereof in any circumstances is invalidated,
such invalidity shall not affect the validity of the remainder
of this agreement, and the application of any such.provision,
paragraph, sentence, clause, phrase, word, or section in any
other circumstance shall not be affected thereby.
-16-
~~i I ~~ ~~
.. i
I
to be constructed at Pitkin Reserve as above described, and
,..G:,.,.,_ the Owner agrees to pay such tap fees therefor, as shall be
determined by the tap fee schedule presently in effect, at
the time water service shall be extended to the improvements.
The Owner and the City further acknowledge and agree that,
consistent with existing policy which is hereby confirmed,
the costs of any future looping of the water system as
extended to the Pitkin Reserve site with any proximate
°~~ terminus of the system, as well as the costs of any valuing
that may be required in connection with the extension of
water service to the Pitkin Reserve site shall not be a cost
\ of the Owner but, rather, shall be initially absorbed by the
water department and, as such, reflected in the P.I.F./tap
1 fee sc dules be borne y It}'grate users of t~e system.
~ ~ ~ .,f~~o n~ r ~ w ~ L ~~[,. ~i ~ ~ ~ 11 r ••~s G,1, ~ tel. S ~-.
X.
SEWER AVAILABILITY
Sewer lines shall be installed consistent with the
provisions contained within the utility sheets, sewer line
details and the costs of such installation shall be those
estimated amounts as set forth on Exhibit "D" hereto annexed.
The City agrees, upon approval of this agreement and the
Plat by the Metropolitan Sanitation District that sewer
services are fully available for the development anticipated
on the Plat, and that the Owner agrees to pay such tap fees
therefor, as shall be determined by the tap fee schedules
presently in effect at the time sewer service shall be
extended to the improvements. The availability of such
sewer services shall be provided by the Sanitation District
in a manner that conforms to the estimated construction and
development schedule as set forth in Exhibit "E" attached
hereto. The Owner agrees that engineers from the Metropolitan
Sanitation District shall be entitled to inspect the construc-
tion of the main trunk sewer lines. Upon completion, these
lines will be turned over to the Metropolitan Sanitation
District, together with such appropriate easements as may be
necessary.
XI.
FINANCIAL ASSURANCES
Pursuant to Section 20-16(C) of the Municipal
Code, Owner hereby agrees to provide a guaranty in the sum
of $337,586.00, which sum represents the estimated cost of
1008 of that portion of the improvements set forth and
allocated under Exhibit D hereto for which the City, through
the City Engineer, has requested financial assurance. That
portion of the improvements for which financial assurance
has been requested and which hereby is agreed to be given is
described on Exhibit "J" hereto. The guaranty to be provided by
Owner shall be in the form of cash escrow with the City or a
-15-
f~}
^~~
indicated, in full understanding and agreement to the terms
and conditions herein contained.
ATTEST:
J~~
City Clerk
STATE OF COLORADO
COUNTY OF PITKIN
ss.
CITY OF ASPEN,
a Colo o Municipal Corporation
By
Herman el, Mayor
G
A'S PEN I~Q~7NTA~CN jPAI~R, a Colorado
PITKIN LTD., a Colorado
corporation
`' _
The foregoi g 'nstrument was acknowledged before
me this ~ day of 1982, by HERMAN EDEL
as Mayor and KATHRYN KOCH, as City Clerk of the City of
Aspen, a Colorado Municipal Corporation.
~9ITNESS my hand and official seal.
M commission ex ire 3/aG/S.'3Q
My address is: /30~y•~,~,Oit,~> ~}~'~".
(SEAL)
~lQ~~.H•~ ~. ~
Notar Public
-18-
II ~ ~~
,.
D. This P.U.D. and Subdivision Agreement contains
the entire unders*_anding between the parties herein with
respect to the transactions contemplated hereunder and may
be altered or amended from time to time only by written
instruments executed by all parties hereto.
E. Numerical and title headings contained in this
contract are for convenience only, and shall not be deemed
determinative of the substance contained herein. As used
herein, where the context requires, the use of the singular
shall include the plural and the use of any gender shall
include all genders. .
F. In order more fully to effectuate and preserve
the performance of the terms, conditions, provisions, covenants
and agreements herein contained, the parties agree that this
P.U.D. and Subdivision Agreement for Pitkin Reserve shall,
by the City, be recorded in the Pitkin County, Colorado real
property records.
G. Notices to be given to the parties to this
Agreement shall be considered to be given if delivered or if
deposited in the United State Mail to the parties by registered
or certified mail at the addresses indicated below, or such
other addresses as may be substituted upon written notice by
the parties or their successors or assigns:
CITY OF ASPEN PITKIN LTD.
City Manager c/o Robert 47. Hughes, Esq.
130 S. Galena Street GATES, HUGHES & KNEZEVICH, P.C
Aspen, CO 81611 600 E. Hopkins, Suite 200
Aspen, CO 81611
H. The terms, conditions, provisions and obligations
herein contained shall be deemed covenants that run with and
burden the real property more particularly described in
Exhibit A hereto and any and all owners thereof, their
successors, grantees or assigns and further shall inure to
the benefit of and be specifically enforceable by or against
the parties hereto, their successors, grantees or assigns.
IN WITNESS WHEREOF, the parties hereto have hereunto
executed their hands and seals on the dates and year respectively
-17-
~--
,~,, ' 9
STATE OF COLORADO )
COUNTY OF PITKIN ~ ss.
~~
~he foregoing,, instrument was acknowledged before
me this ~ day of ///~/~ 1982, by ~
K/;t7_~~/ink as Pr ident and by~ . ,- ~ ~. ,
as secretary of PITKIN LTD., a Colorado corporation. ~ ~,
(SEAL)
WITNESS my hand and official
My commission expires:.3~~~~
My address is:
GDC F ~aPic%d-f
STATE OF COLORADO
~ ss.
COUNTY OF PITKIN )
~he foregoing ,}
me this,~_ day of _~//
e
seal.
t was acknowledged~b~~~rew, yj/uf~t/I /_~
r-=~~~~~~ c~~,~~~as a general partner ofBASPEN ~r~a~~y Ti..~~-1--
a Colorado general partnership.
(SEAL)
WITNESS my hand and offi ial seal.
My commission expires:~~G/y3
My address is:
G D o E. ~~/c~.rr.~u
~sf'~,rJ~ Cjl ~/~/J
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CITY (~~' ASPEN
130 ~~}~ ~ale~~ street
aspt~~~, ~~t,dQ!°`81611
3i~ Z~3'=2820
MEMORANDUM
DATE: February 8, 1989
TO: City Council
FROM: Fred Gannett, City Attorney's Office
RE: Pitkin Reserve
Attached is a copy of a letter from Oates, Hughes & Knezevich
with respect to the Pitkin Reserve PUD.
BACKGROUND
On October 10, 1988, Council approved a clarification/modifica-
tion of the Pitkin Reserve PUD. That clarification/modification
consisted of a re-interpretation of how FAR is calculated for two
of the units in the Pitkin Reserve PUD. Council directed that---'
the clarification be processed as an amendment to the Pitkin
Reserve PUD.
Michael Lipkin, on behalf of Pitkin Reserve, has encountered
difficulties processing the clarification/modification of the PUD
agreement. Specifically, he could not convene all the members of
the now defunct development corporation to initiate the PUD
amendment process. Consequently, Mr. Lipkin requested that staff
process the amendment in the form of a side letter or an
administrative agreement. Staff opposed this suggestion in light
of Council's October 10 direction that the matter be handled as
an amendment to the PUD, and the need to specifically tie this
"clarification" to the existing PUD agreement and plat.
As a consequence of staff's action, Mr. Lipkin hired Oates,
Hughes & Knezevich to assemble the proper parties in order to
initiate an amendment to the PUD. Bob Hughes, upon further
investigation, determined that assembling the original parties to
the PUD agreement was not feasible. Consequently, he is request-
ing that this clarification/modification be handled by something
other than a formal amendment to the PUD. Cindy Houben and I
met with Bob Hughes and Michael Lipkin with respect to this
issue. We are now satisfied that the matter could be handled by
filing a "Clarification of the PUD/FAR Calculation" referencing
Memorandum to City Council
February 8, 1989
Page 2
the book and page of the original PUD agreement. This would
accomplish the same purpose as an amendment in that the FAR
clarification would be a matter of record.
RECOMMENDATION
Staff recommends that Council accept this clarification in the
form of a recorded instrument referencing the original PUD book
and page.
/mc
Attachment
r
LAW OFFICES
DATES, HUGHES & KNEZEVICH
LEONARD M. GATES
ROBE RT W. HUG HE9
RIONARD A. KNEZEVICH
JOAN M. ELY
Fred Gannett
City Attorney
130 South Galena Street
Aspen, Colorado 81611
PRO FESSIONAL CO RPORgTION
THIRD FLOOR. gSPEN PLAZA BUILDING
393 EAST HOPKINS AVf NUE
ASPE N.COLO RADO 61611
February 7, 1989
RE: The Pitkin Reserve
Dear Fred:
fE8 ~ 1989
AREA COOS 303
TELEPHONE 820-I)00
TELECOPIER 820-1121
The purpose of this letter is formally to request that
City Council consider "re-labeling", if you will, the action that it
took on October 10, 1988 confirming (a) in the owner of Lots 3 and 4
of The Pitkin Reserve the right to utilize some 2,260 square feet of
space resulting from the below grade structural elements of the
house constructed on Lot 3 and the house being constructed on Lot 4;
and (b) that such square footage is not includable within the total
building square footage for all lots comprising The Pitkin Reserve
Subdivision.
The action so taken by Council was styled an "amendment"
to The Pitkin Reserve Subdivision and Planned Unit Development
Agreement. It is my understanding that this label was chosen in
order to ensure that something will be placed of record so as to
apprise owners of property in The Pitkin Reserve of Council's
action. In point of fact, of course, the action of Council was no
more than an interpretive clarification and not an amendment --
i.e., the approved total building square footage for The Pitkin
Reserve Subdivision remains as it has always been.
Normally something like this would not present much of a
problem -- the action taken is what it is, regardless of the label
given to it. However, in this case, the building department will
not let further work continue on the Lot 4 house until an
"amendment" to the PUD Agreement is recorded and, in order properly
to effectuate an amendment to the PUD Agreement, it is necessary to
arrange the signatures of the original party signatories thereto,
including Pitkin Limited, a Colorado corporation, and Aspen Mountain
Park, a Colorado partnership, both of which have long since been
dissolved. We are faced, then, with something of a logistical
problem in trying to arrange signatures for entities that no longer
exist. Given that action of an amendatory nature was not, in fact,
.,
GATES, HUGHES 8e KNE2EVICH, P. C.
Fred Gannett, Esq.
February 7, 1989
Page 2
taken by Council it would simplify matters greatly for us if the
record were set straight and the correct label given to Council's
action.
In deference to Council's concern that due notice of its
action be placed of record, I have taken the liberty of preparing a
~~document, suitable for recording, that serves this end. I have been
given to understand that this document meets with your approval and
that of the Planning Office.
Thank you for forwarding our request to Council. I will
be in attendance at Council's February 13, 1989 meeting to respond
to any questions it may have.
Since~+ely
OATES,]HU~HE51& KNEZEVICH, P.C.
By:
RWH:klm
Lipkin, Averitt & f~_lay
Architects~Planners
Aspen/Pitkin Planning Office
Attn: Sunny Vann
December 21, 1983
Page -2-
As the timing of this decision has become very critical for
us as we are about to market our first house at the Pitkin
Reserve, we request that this amendment be authorized by you
without additional public hearings. My reading of the Code
suggests this change would not fall in any of the categories
that would require a public hearing. This change is in the
spirit of last year's amendment which was very favorably
received by both the Planning & Zoning Commission and the
City Council.
Thank you.
our truly
i
is ae '.Li kin
ACCEPTED:
Sunny Vann Date
"'C: 'ar>en !'it~% .^.cunr.i7.
''^~'`: ~elettc ^cnne, Pt.ann. a Oficc
^: Dii6:i1; ..^eserve F,:. :~.rraer.c:rlent
^'~,^_,. ..,arch „' lq~,.!
~,
T ~rT-~`T'1QT.' T_Plli'l rl nc::e rve ~'r O}.: E'_Yt•. /r'l ~.l Ol7 (";t1~V }..,gy,~
3;i. 217iCi1:aID:~nt t0 `L i1e
='ltr:l rl-:
T'P.Sr;rvP ,.r; r. ,~~l r:~. ~'. ~1t rt ^, r
i_O FCC}10:1 .-,. ....
cult f. F?iii rf3;.'f.tCe the pr O~~Ct iPl^lt, r~rOrl n U11i'.C t0 ~ llrii tC (r1 U^.
t.._ ~e~.ro~ea_c=r ~ unlt 1n the ru~_r„_o~r~~.", ,1r_a, ~hc re_~ a ~_:e uni.ts
retlYrned a. r;evel_onreen l_ ..rec?1 ts.
"''h l_ r7'_1' n:t.GrnES''S Q{f1C° r^' .. .,. -}t (.+ ,^ ~^.?(''.1i vim.. LG ~e 01_10JGC::
1. ^hE'Tdc }~t E31' GrOUlf', ~;^ ._:'`~ :'OS:'n FOr j.JLi:7I1C rC'V1C'?' E~efCr
t}1° rCI.i11C1~ S1iaCf the rc .: Or...'wlirc t101: Ct t^C'. `^*1^• lr. r00rp
Lhan c. "r?inOr Cha??(':e Cr YC'~.rrc.r C_'F~*7Cn7`" L'~.n.-i?r F'?C L'~'1 ^~~._
n 7r J
?.. ^he ~,^raendec' nt?r n1aL- sho!ai~ cnr.iv with n:lgineerinc! De7~r~r.en~
CtflP. C~<.r v~S aYl :' SC-CtlOli ?r_ ~ r,C•,' 0t}1 c:r ~OCUI'. '.^tc_~.: :On 01:.
L 11e kSl trd the i~?Yii :''. ._.. C° tiro 1~`I .,,^rn 't.~. ..
NJE r.ii eC tE`(a }7 ~' tal l.^~ c"lr^C'rl <':I`!GP.'C t0 tr!c- Ptl" L'. }7 i".17.5£,l Or` :;h Glt 1:'
;,~ con`orme~ to ;:h~ ar:en er:t, i.` :.: rro•,~' h• ~l;e Cit,
- I.
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"h~ ^.i*y .^~1 ,:..^eri;cc Oi ;c~ ~_.~ no .~.rtiC.7lar cc?.,^er~1s re-:°,r_i•. ,_ ..,
the nctca e..r:,.end :e-.nt. '!, re~~tlc~ion i.u 1_':~ %o%al. ntlm:;er o` P^i-s .,i:oL:l:'
reauit ~._ ~, „rot~ortionat~ rr_;'cCt~otl 1_ ~.rl;~~ c`: in engirceri a-t ~ L-t.^':
~ree..~. n^•:rovai o` tLe :-eco"u ~ .^.:> ' rant ~,,n;,~c; ,e cort~narr.t or.
t?1c recorcc;t;or: of i-'er <:::1otL^r Mat end _iL:~ ;lr.r. =r' ~ _, ._ ,c sit.,,
c ,.sign, uti7 , + - ,1 '~=.raent - ^:~ r ,- -a,~,
'~.:, ~ -,rt G` t~7 (? ,~'•1. Clcr .,^;ntt~PID Eil l=, i'i t~Cln `~1'.^l i.CC; •:Sd ~ .^1V~ r1 Cr'n''at
.~Or 1}'' irEE :a~.S ~: ^}. r(.1 'Cnt i81 L..i._ _ I.". Lli. ^-1.r Oi"1!'1:'.a~. .pit t•T,"7. ., :}i 0;^.
`Or '=1t~:1.: ".Bf7erVc.r ttd8 ].VE' (~^'~ L111 t:- 4'e re "r 0}%GS F'<' In _. 'LerG ]. O':_
Lipkin, Avetitt & Bat
Architects~Planners
125 Cedar S[reet, Suite SS
New York. N.Y. 10006
(212) 619-3848
December 21, 1983
Aspen/Pitkin Planning Office
Attn: Sunny Vann
130 So. Galena Street
Aspen, Colorado 81611
Re: Pitkin Reserve
Dear Mr. Vann:
-~'~
Box 3004
Aspen. Colorado 81612
(303) 925-5774, 5689
As you know, the Pitkin Reserve PUD was originally
approved by the City of Aspen in the Fall of 1981, and
that PUD Agreement was amended in the Fall of 1982. The
Amendment allowed for a relocation of our private access
road, a change from duplex attached houses to single family
houses and a reduction in overall units from 12 to 9 with
the unused development rights returned to Pitkin Limited.
This letter is intended to serve as a formal request of
Pitkin Limited under Section 24-8.26 of the City Code to
once again amend the PUD plan for the Pitkin Reserve. In
an effort to refine our plans to respond to a changing real
estate market, we are requesting to further reduce our den-
sity from 9 units to 6 and to have our development rights
returned to us.
The most significant aspect of this change will be much
greater open space between the houses. Our previous
building envelopes were at their closest points, 36 feet
apart. With this proposed reduction in density, that open
space between houses would more than double.
And because of the regressive nature of the relationship
of F.A.R. to developable area, the total F.A.R. would be
reduced by 26~ with this proposed down z oning.
Number of Units 9 6
Total Developable Area 367,481 S.F. 367,481 S.F.
Developable Area/Lot 40,831 S.F. 61,247 S.F.
F.A.R./Lot 6,050 S.F. 6,724 S.F.
Total F.A.R. (Maximum) 54,450 S.F. 40,350 S.F.
Finally, this density reduction would respond to the concerns
and desires of our neighbors in the Pitkin Green area.
CASELOAD SUMMARY SHEET
City of Aspen
No. ~ -g~
Staff.: ~~~a-~2 "
~~
_ ;~
PROJECT NAME: ~~-i~ ~iba,~~~3 /~U
APPLICANT: ~'~1,v-F..tr-~ Phone: g'~1J°//icy
REPRESENTATIVE: md' _____._ Phone: 9~'1/~~
TYPE OF APPLICATION:- (Fee)
I. GMP/SUBDIVISION/PUD (4 step)
1. Conceptual Submission ($1,840)
2. Preliminary Plat ($1,120)
3. Final Plat ($ 560)
II. SUBDIVISION/PUD (4 step)
1. Conceptual Submission ($1,290)
2. Preliminary Plat ($ 830)
3. Final Plat ($ 560)
~~ ~ G (2_stc;:)
III.
($1,010
-ko ~ ~ P~ Z
IV. SPECIAL REVIEW (1 step) ~-~ a 1
($ 465)
1. Special Review
2. Use Determination
3. Conditional Use
REFERRALS:
Date Referred:
School District
Rocky Mtn. Nat.G
State Hgwy. Dept
Fire Chief
ttorney
Engineering Dept.
Housing
Water
City Electric
Sanitation District
Mountain Bell
Parks
Holy Cross Electric
Fire Marshall/Building Dept.
Other
Date Routed: ' ~ ~'
FINAL ROUTING:
-~ ;ttorney / Engineering
ilding
Other
,.f-
`,
Ordinance No.
Ordinance No.
~s,- ;
4t ~~~,
~+
i;FIO: Pitkin Reserve P[rD ,^,t;;endrr,ent
March l:?, 1_~t3@.
Page
line site configuration. An amend,~~ent. ;~ras filed in October of 19?2
and approved bg Council ;-chick reduced the number of units to nine
(9) single family houses. The three units by which the project eras
reduced were returned to Pitkin Li.r:,ited as development credits.
The at~plication before ycu is for yet another reduction of density
in the project, to a tc•tal of six single-family units. The total
developable area is _',67,4II1 square feet. This area breaks down as
follo;as:
Present Phan Amend~a_ Pin
?.umber of Units ~ 6
Developable Area/Lot 40,II31 sa. ft. 61,247 sq. ft.
F.A.R./Lot 6,050 sc~. ft. 6,724 sq. ft.
Total F.A.'. (max.imum) 54,450 sq. ft. 40,350 sq. ft.
The applicant submits that the changinq_ real estate market indicates
that this reduction in density responds Wore to the desires of pur-
chasers. The fewer number of units on larger lots 4aith more open
space is more compatible ;-r i. t;: the adjacent Pitkin Green neighborhood.
The closest point hetween houses in the earlier approval was 3G feet
and this amendment ;rill more than double that distance. P_lso, the
total project F.A.R. is reduced by 26°.
To address the criteria for a PUP ar,~endment as set out in Section
24-f.?.6, the changes alter the use or character of the development,
in what ,re consider to be a positive manner by lowering the density
of this visually sensitive site; there is no increase in the overall
coverage of structures; do not increase traffic circulation problems
or public utility problems; and increase the perceived open space
by decreasinc the residential density.
Attached to this memorandum is the staff review of the Pitkin Reserve
guard'nouse/employee unit crhich Was completed in early December of
19f;3. The purpose of this review s;~as to deters:i.ne compliance o;
the unit wit'r. the approvals. The conclusion was that the guardhouse
does comply ~oith the approvals and is well within the applicable
F.A.R. and height requirements. T?e provide this memo for information,
purposes only, in response to the public concern regarding this matter.
PLA_I?"?I??G A'TD7,OATITG COP1I'dISSIOr' Air?D PLA".?i7IT?G OFFICE_P,ECO:ILI^P'DATIOI7:
The Planning and ?oning Commission and Planning Cffice recommend
approval of this amendment to the Pitkin Reserve PUD subject to the
followincr conditions:
1. All representations of previous approvals are a.pplica.ble.
i:rrr t~;: Wilkie Reserve PUD r"~rner.dm ant
?arch 12, ].9£l~
Wage 3
2.. The amended plat must comply with Section 20-15 and the
Engineering Department must approve its form prior to recorda-
tion.
3. The amended plat must address site design, utility placement
and drainage.
4. An addendum to the Suhdivision Agreement must he recorded
outlining all revisions.
I` you concur with the above recommendation, the appropriate motior.
is:
"I move to approve the amendment to the Pitkin P.eserve PUD from
units to 6 units (plus the caretaker's unit) with the relinquished
units returned as development credits ~.aith the fallowing conditions:
1. All representations of previous approvals are applicable.
?.. The amended ol.at must comely with Section ?0-1~ and
the Enaineerina Department must an;?rove its form prior
to recordation.
3. The amended plat must address site design, utility
nlacernent ~,nc: drai.nage.
4. An addendum to the Subdivision Agreement must be record.ect
outlining all revisions.
MEMORANDUM
T0: Sunny Vann, Planning Director
PROM: Alice .llavis, Planner
Re: Pitkin Reserve Guardhouse/Employee Unit
DATE: December 6, 1983
From November, 1982 through January, 1983 the P&Z and City Council reviewed
and ultimately approved amendments to the proposed Pitkin Reserve PUD Plans
and agreements. The originally approved PUD Plan called for six duplexes
(12 units) to be built into the hill along Willoughby Way with the access
road below between the homesites and the Rio Grande Trail. The approved
amendment reduced the total number of units to nine units (all single family)
and moved the access road up by Willoughby Way so that the. homesites fall
between the access road and the Rio Grande Trial. The amendment also approved
the moving of the guardhouse/employee unit from the east side of the Pitkin
Reserve Property to the north side between Willoughby Way and the access rcad.
I am now receiving numerous calls regarding the construction of the guardhouse/
employee unit at Pitkin Reserve. Many residents in the neighborhood have
complained. about this structure since it is located five feet from Willoughby
Way and protrudes above street level approximately one floor. In addition to
the phone calls, the Planning Office has received letters from Kay Reid and
Bruce Conheim, both residents in the area.
Since receiving these several complaints, I have thoroughly reviewed the
Planning Office files on the PUD Amendment application. I have reviewed all
pertinent Planning Office memos, the PUD & Subdivision Agreement and Amendments,
the original and the amended plats, the minutes of the P&Z and Council meetings
and the application itself. After this review, I believe that the proper and
necessary processes were followed and the structure appears to be built as
approved. This memo is intended to address some of the speficic issues which
have been raised.
Front Yard Setback
The front yard setback for the Pitkin Reserve property, zoned R-30, is 30
feet for accessory buildings and 25 feet for dwellings. This front yard
requirement was varied, as is allowed through the PUD process, to five feet
due to slope constraints and a request by the applicant to place the guardhouse/
employee unit between Willoughby Way and the access road in order to screen
people entering the project. The applicant originally asked for a zero lot line
setback (no setback) but engineering recommended a minimum setback of five feet -
the setback approved fur the original guardhouse /employee unit location. Five
feet is all the city needed for the purposes of clearing and maintaining the
Willoughby Way right-of-way, should the City ever accept this responsibility..
Height
The height limit in the R-30 zone district is 25 feet. The guardhouse/employee
unit cannot legally be higher than 25 feet plus a five foot allowance for pitched
roofs. The P&Z minutes specifically show Chairman Perry Harvey asking the height
of tiie guardhouse and Alice Davis of the Planning Office answering that the
R-30 height limitation was 25 feet. Michael Lipkin, the applicant stated that this
structure would be "one story above Willoughby Way." The applicant will be held
to the 25 foot code height requirement (plus the 5 ft. for pitched roofs). A site
inspection indicates that the structure is to be within this. limitation, probably
only one story above Willoughby Way.
Public Notice
Public notice and public hearings were not required for this amendment to the
approved PUD Plan, but since Pitkin Reserve was quite controversial during the
original review, the Planning Office advertised and the P;:7, held a public
hearing on November 16, 1982. Property owners adjacent to Pitkin Reserve were
notified of the public hearing by mail. Several members of the public were in
attendance and commented at the hearing.
Kay Reid's Letter
Kay Reid, in her letter to the Planning Office has asked about the status of
Willoughby Way. Willoughby Way, in its entirety, is County owned and maintained.
The portion in Pitkin Green Subdivision was dedicated to the County through the
subdivision process. The portion of Willoughby Way along Pitkin Reserve over to
its intersection with Red Mountain Road is also County owned and maintained. The
Pitkin Reserve Annexation did not incorporate Willoughby Way into the City,it only
extended to the Pitkin Reserve property line.
Kay also expressed concern over the size of the guardhouse/employee unit. The
Building Department states that the plans show the structure to consist of
approximately 800 square feet of living area and 259 sgaure feet of storage/
office space for the guardhouse for a total of 1,059 square feet. A 502 square
foot garage and a 48 square foot subgrade boiler room are both exempt. If these
two uses were included in the calculations the structure would consist of 1,609
square feet. The Pitkin Reserve PUD and Subdivision Agreement limited the size
of the structure to 800 square feet of living area and 800 square feet of
storage area. The structure is, therefore, under the requirement since the
garage and boiler room do not count in FAR calculations. The Building Department
also has found the structure to be under the 25 foot height requirement of the
zone district.
Kay mentions her recollection that no Pitkin Reserve houses were to be higher
than the road level., hidden from view. This was mentioned in the original
review and the amendment review, but only for the nine free market units. The
~iprdhouse, through the amendment process, was discussed, reviewed and approved
to be five feet from Willoughby Way and within the 25 foot height requirement
of the code.
Kay also thought the guardhouse/employee unit was to be located below the access
road. This was true prior to the amendments, but the approved amended PUD Plan
shows the guardhouse as it is being built, between Willoughby Way and the access
road. The change was reviewed and approved through the appropriate amendment
processes.
Bruce Conheim's Letter
Bruce Conheim's letter questioned whether the 30 foot setback requirement was
violated. It was varied through the PUD process, as is allowed, to five feet
after public discussions on the matter. The Planning Office recommended the
approval of this variance and the P&Z approved it. Our reasons included the
following:
1. Slope constraints on the property make it a difficult parcel
to plan. Variances are often granted to help provide for such
conditions when the overall plan is thought to be appropriate
and the variance creates no significant impacts.
2. A major concern throughout the review of Pitkin Reserve was how
the development would impact (visually, environmentally, etc.) the
Rio Grande Trail which is widely used by the public. The amended
Pitkin Reserve PUD Plan was thought to be an improvement over the
original PUD Plan since the total number of units was reduced by L-hn,e,
since the hous.~s' or±.er::ations were changed so ti~at their garages and
i:rasl~ areas no longer faced the trail and since the access road, moved
further up the hill, created less environmental impacts from cut and
fill operations. The relocation of the guarahnusdemployee unit to
a site closer to Willoughby Way did not appear to create any major
problems. After recently inspecting the site, I still believe this to
be true.
3. Five feet is what. was needed from an engineering standpoint for
right-of-way maintenance, should the city ever own or maintain
Willoughby Way.
Bruce has also asked if a structure 20 feet above Willoughby Way would violate
the Pitkin Reserve approval. It would not, since 25 feet is the height
requirement. Even though Michael Lipkin stated at the public hearing that the
structure would not be more than one story above Willoughby Way, this is not a
legal condition of the approval. It is my conclusion, however, that the
structure will, in fact, only be one story above Willoughby Way.
~,~
SUMMARY
After reviewing all the pertinent records and discussing the issues with the
Engineering Department and the Building,Department, I believe that the Pitkin
Reserve guardhouse/employee unit is being built according to the specified con-
ditions of the amended PUD approval. Even though I understand the feelings of
the concerned neighbors, I also understand the importance of the potential impacts
on the Rio Grande Trail and other surrounding areas. In summary, I believe that
.the structure is well within the applicable FAR and height requirements, but it
appears that the residents of Pitkin Green, in disagreeing with the location of
the guardhouse/employee unit, simply disagree with the Planning Office's recom-
mendation as well as P&Z's approval of the amended PUD plan.
~..
MEMORANDUM
T0: Aspen Planning and Zoning Commission
FROM: Colette Penne, Planning Office
RE: Pitkin Reserve PUD Amendment (Case #5-84 City)
DATE: February 21, 1984
LOCATION: Pitkin Reserve Property (Willoughby Way)
ZONING: R-30 PUD
APPLICANT'S REQUEST:
An amendment to the Pitkin Reserve PUD pursuant to Section 24-8.26
which will reduce the project density from 9 units to 6 units (plus
the caretaker's unit in the guardhouse) with the relinquished units
returned as development credits.
REFERRAL COMMENTS:
The City Attorney's Office related the procedures to be followed:
1. The matter should be set down for public review before the
Council, since the re-configuration of the PUD is more than
a "minor change or rearrangement" under Section 24-8.26.
2. The amended PUD plat should comply with Engineering Depart-
ment standards and Section 20-15. Any other documentation
on file with the Planning Office or the City Clerk that will
be affected by this amendment to the PUD submission should
be conformed to the amendment, if approved by the City
Council.
The City Engineering Office has no particular concerns relative to the
new amendment. A reduction in the total number of units should result
in a proportionate reduction in impacts in engineering-related areas.
Approval of the second amendment should be contingent on the recorda-
tion of yet another plat and PUD plan addressing site design, utility
placement and drainage.
PLANNING OFFICE REVIEW:
As part of the Smuggler settlement, Pitkin Limited was given credit
for 19 free-market residential units. In their original submission
for Pitkin Reserve, twelve (12) units were proposed in a zero lot line
site configuration. An amendment was filed in October of 1982 and
approved by Council which reduced the number of units to nine (9)
single family houses. The three units by which the project was re-
duced were returned to Pitkin Limited as development credits.
The application before you is for yet another reduction of density in
the project, to a total of six single-family units. The total develop-
able area is 367,481 square feet. This area breaks down as follows:
Present Plan
Amended Plan
Number of Units g 6
Developable Area/Lot 40,831 sq, ft. 61,247 sq. ft.
F.A.R./Lot 6,050 sq. ft. 6,724 sq. ft.
Total F.A.R. (Maximum) 54,450 sg. ft. 40,350 sq. ft.
The applicant submits that the changing real estate market indicates
that this reduction in density responds more to the desires of pur-
chasers. The fewer number of units on larger lots with more open
space is more compatible with the adjacent Pitkin Green neighborhood.
The closest point between houses in the earlier approval was 36 feet
and this amendment will more than double that distance. Also, the
total project F.A.R. is reduced by 26$.
MEMO: Pitkin Reserve PUD Amendment
February 21, 1984
Page Two
To address the criteria for a PUD amendment as set out in Section 24-
8.26, the changes alter the use or character of the development, in
what we consider to be a positive manner by lowering the density of
this visually sensitive site; there is no increase in the overall
coverage of structures; do not increase traffic circulation problems
or public utility problems; and increase the perceived open space by
decreasing the residential density.
Attached to this memorandum is the staff review of the Pitkin Reserve
guardhouse/employee unit which was completed in early December of
1983. The purpose of this review was to determine compliance of the
unit with the approvals. The conclusion was that the guardhouse does
comply with the approvals and is well within the applicable F.A.R. and
height requirements. We provide this memo for information purposes
only, in response to the public concern regarding this matter.
PLANNING OFFICE RECOMMENDATION:
The Planning Office recommends that P&Z recommend to Council the
approval of this amendment to the Pitkin Reserve PUD subject to the
following conditions:
1. All representations of previous approvals are applicable.
2. The amended plat must comply with Section 20-15 and the
Engineering Department must approve its form prior to re-
cordation.
3. The amended plat must address site design, utility placement
and drainage.
4. An addendum to the Subdivision Agreement must be recorded
outlining all revisions.
MEMORANDUM.
T0: Aspen Planning and Zoning Commission
FROM: Alice Davis, Planning Office
RE: Pitkin Reserve - Amendment to PUD Plan
DATE: November 16, 1982
Applicant's
Request: The applicant is requesting an amendment to the Pitkin Reserve PUD
pursuant to Section 24-8.26(b) of the Code. Originally the PUD was
approved for 12 attached zerio lot line housing sites with a private
access road in front of the houses through the middle of the property.
The proposed amendment would permit the developer to build single
family .housing sites in lieu of some portion of the attached zero lot
line sites that were approved. The applicant is not yet certain what
combination of single family and zero lot line homesites will be
used, but would like to have the f,elxibility, depending on market
conditions, to develop (or sell for development) various combinations
of the two types of housing sites. The attached chart shows the 15
different alternatives which may be built ranging from the original
12 attached zero lot line sites to 9 free standing single family
units. The proposed amendments would also relocate the private
access road (and the utility easements underneath) from in front of
the homes in the center of the property to behind the homes along
Waverly Way. The new alignment is less visable and reduces the
vertical change from 62 to 50 feet, but increases the visability of
the homes which were originally to be built into the hill.
Planning Office
Review: Section 24-8.26(b), Amendment of the PUD Plan, states that PUD amend-
ments should only be made if the changes are shown to be required by
changes in conditions that have occurred since final plat approval or
by chances in community policy. The applicant has stated that the
proposed amendments have been made due to changes in the market, a
result of continued study of the site and a better understanding of
the housing opportunities and needs in Aspen.
The proposed changes will not result in an increase in overall site
coverage, does not appear to increase traffic circulation or utility
problems and will not reduce the amount of open space provided. The
overall allowable FAR will remain the same, but will be redistributed
between the actual number of lots developed. Development will still
occur within the building envelope originally approved. Any of the
12 approved units which are not built at the Pitkin Reserve will
re Curn to Aspen Mountain Park as unused development rights. These
units arose from the conversion of Smuggler Trailer Park to owner-
occupied employee housing units.
The subject property has a significant slope dropping from Willoughby
Way down to the Rio Grande trail. The original site plan called for
the 12 attached homesites to be built into the slope near Willoughby
Way with the road down below. The amended proposal puts the road up
by Willoughby Way and the houses .down below. The houses were less
visible from the road and the Rio Grande trail in the original appli-
cation, so from a viewplane standpoint, the amended application is
less desirable.
Another Planning Office concern is that the development alternative
that is ultimately chosen be reviewed, approved and shown to be one
of the requested alternatives and that the final development plan be
recorded as it is to be built. Since the original submission of
this application, the applicant has refined his request and has
agreed to stay within the confines of 3 of the alternatives requested.
These 3 development alternatives will be presented by the applicant
at the P & Z meeting on November 16, 1982. We feel that the Planning
Office can approve the final plan, if it falls under one of the 3
possible alternatives requested. Any change outside what has been
requested in these 3 alternatives would require further review by P & Z
and Council.
,~.
Memo: Pitkin Reserve
November 16, 1982
Page Two
- Amendment to PUD Plan
The Attorney's Office had no comment on the applicant's request.
Engineering stated that the revised PUD will cause no major design
changes, but will require further drainage and utility studies for
the new configuration. Engineering also commented that the proposed
gatehouse is located on the property line. The 30 foot front yard
setback in this zone district can be varied through this PUD, but
Engineering felt that a minimum setback of 5 feet should be given,
the setback provided and approved in the original PUD.
_ Incidently, although it was not required, the Planning Office scheduled
a public hearing for this 'PUD review since there was so much interest.
and input from the public during the initial application.
Planning Office
Recommendation:
The Planning Office recommends that P & Z recommend the approval of
the requested amendments to the Pitkin Reserve PUD subject to the
following conditions:
1. The final development plan must be one of the 3 alternative
combinations of single family detached units and attached, zero
lot line units requested by the applicant.
2. The Planning Office must review and approve the final mix of
unit types. The final plan must then be recorded, amending the
original Pitkin Reserve's PUD plan prior to issuance of a building
permit.
3.' The Engineering Department must review and approve the revised
detailed drainage and utility plan for the site prior to issuance
of a building permit.
4. The gatehouse must be a minimum of 5 feet from the front property
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MEMORANDUM
TO: Planning Office
Colette Penne
FROM: City Attorn
DATE: February 3, 1984
PEN
eet
611
RE: Pitkin Reserve PUD Amendment
We have reviewed the application dated December 21, 1983,
of Michael Lipkin on behalf of Pitkin Limited, together
with your memorandum of January 19, 1984 and the proposed
amended plat for the Pitkin Reserve PUD.
Our comments are:
1. The matter should be set down for public hearing
before the council, since the re-configuration of the PUD
is more than a "minor change or rearrangement" under §24-8.26.
2. The amended PUD plat should comply with engineer-
ing department standards and §20-15. Any other documentation
on file with the planning office or the City Clerk that will
be affected by this amendment to the PUD submission should
be conformed to the amendment, if approved by the City Council.
Please advise us on this issue.
MEMORANDUM
TO: Colette Penne, Planning Office
FROM: Jay Hammond, City Engineering
DATE: February 3, 1984
a-
/:'
~ - ~.w"
`'` 1j`1 C';^
RE: __-Second Amendment to Pitkin Reserve P.U.D.
--------------------------------------------
Having reviewed the above application for a second
amendment to the Pitkin Reserve P.U.D. plan, the City
Engineering Department has no particular concerns
relative to the new amendment. As stated in the letter
of application, the amendment proposes a reduction in
the total number of units on the site and should
therefore result in a proportionate reduction in impacts
in engineering-related areas.
Approval of the second amendment should be contingent on
the recordation of yet another plat and P.U.D. plan addressing
site design, utility placement and drainage.
JH/co
MEMORANDUM
TO: ~y Attorney
ity Engineering Department
FROM: Colette Penne, Planning Office
RE: Pitkin Reserve PUD Amendment
DATE: January 19, 1984
Attached for your review is the application of Pitkin Limited submitted
by Michael Lipkin for an amendment to the PUD plan for Pitkin Reserve.
This case has been scheduled to go before the City Planning and Zoning
Commission on February 21, 1984. Please return your referral comments
to the Planning Office no later than February 7, 1984, in order for
the Planning Office to have adequate time to prepare for its presentation.
Thank you.
~.,r ~
ild in, :1~rrtt R Barclay -
(>c~i~n Partnership ~- -
Rini 3lKW
.4 sprn. CO. 81611
Phune:303-925.5689
October 12, 1982
~J ?n I L~~~1r 7~"
~,rr--.~~ ~_:~
,,,~ `,
Aspen City Council !- ii'
130 S. Galena Street ~~~ JAN 1 ;- ~ggq :;
Aspen, CO 81611 -- -~~
ASF'tlV / NITY~iN CU.
Aspen Planning & Zoning Commission PL.ANAH1'IC0fF1CE
130 S. Galena Street
Aspen, CO 81611
Aspen/Pitkin Planning Office
130 S. Galena Street
P.spen, CO 81611
Re: Pitkin Reserve
Ladies and Gentlemen:
This letter is intended to serve as the formal request of Pitkin,
Ltd., under Section 24-8.26 of the City Code for an amendment to the
P.U.D. Plan for development for The Pitkin Reserve that was approved
by the City of Aspen in the fall of 1981. In response to a signifi-
cantly changed real estate market, request is hereby made to include
as possible alternatives to the existing P.U.D.-Plan:
1. The right to develop (or sell for development) single-family
house sites in lieu of some portion of the two-lot, attached, zero
lot line house sites that have already been approved.
2. The right to replat the development parcel for Pitkin Reserve to
accommodate up to nine free standing single family houses, rather
than the twelve zero lot line house sites envisioned under the
current P.U.D. Plan, or a combination of free standing and attached
zero lot line houses.
3. The right to relocate the private access road and the utility
easement under that road from in front of the houses to behind the
houses.
In our preliminary submission we stated that our planning objectives
and architectural concept were "...a response to a series of
decisions that resulted from our commitment to low-impact land
development and a belief that the opportunity exists for built forms
to both enhance our site and support a rich landscape. Our initial
decision was to preserve as much open space as possible for the use
~. J
l.it•~in, Arcritt X Rarday
[ksign Partnership
of the public as well as the residents of Pitkin Reserve and to avoid
development in the corridor along the Roaring Fork River...We also
felt that both the public recreational space and the private
residences would benefit from maximum separation..."
Our interest in relocating the road and mixing attached and free
standing houses is a result of continued study of the site and a more
sophisticated understanding of the opportunities that exist, market
conditions, and of course a response to the concerns of the neighbor-
hood and community at large that were raised during the review
process.
Practical Effect of Proposed Chan es in Unit Types. The chances we
are proposing (free standing single family houses and attached houses
accessed from the rear) will not result in a change of character for
the approved P.U.D., will not be an increase in the overall coverage,
will not increase the problems of traffic circulation and public
utilities, and perhaps most imprtantly, will not reduce the open
space or in any way negatively effect the Pitkin Reserve development,
the surrounding neighborhood, or the Aspen community at large.
To assure compatability with the proposed Pitkin Reserve attached
houses, the concepts already approved by you, and to preserve the
integrity of this Planned Unit Development, the following criteria
will apply to any free standing single family houses or attached
houses now accessed from behind.
1. Building height will be limited to that of Willoughby Way (with
the exception of the Gatehouse).
2. Buildings will have 15-foot sideyard setback requirements,
except from the common lot line of the two-lot building site. •
3. An obligation to involvement in the Pitkin Reserve Homeowners'
Association.
4. A commitment to the landscaping program outlined in the Pitkin
Reserve Subdivision Agreement and Improvement Schedule.
5. Natural earth tones will be used on the exterior with brighter
colors permitted for accent. The exterior building materials will be
litrited to wood siding, wood shingles, metal roofing, brick, stone,
glass and cedar shakes for pitched roofs.
During the review process of the approved Pitkin Reserve P.U.D.
density calculations established a developable area of 8.4362 acres.
P.s our development plans now stand, the allowable F.A.R. for each lot
would be based on one-twelfth of the 8.9362 acres. However, any
change in the composition of the Pitkin Reserve would result in a
-2-
~,.,r ~
Lipi;in, .4ccritl 8 Barclay ~
D~•si~n Partnership ^~
reallocation of that F.A.R, among the actual number of building
sites/lots.
Limitations on Replattin In lieu of the twelve zero lot line,
attached single-family houses, we would like to consider as an
additional approach that might enable us to be more responsive to
market conditions - the alternative of developing the Pitkin Reserve
for up to nine free-standing single family houses or a mix of
attached and free-standing houses (see attached chart).
The attached chart compares all possible alternative mixes of
free-standing and attached houses with the approved scheme for 12
attached houses. In all cases, the proposed alternatives provide
more open space between houses and never results in an increase in
total width of houses. We feel that any of the proposed mixes with
result in greater variety and richness within a consistent
architectural imgage.
This would, of course, require a replatting of the current configura-
tion of the twelve approved zero lot line house sites. This would
not affect in any way the open space allocation of the current P.U.D.
Plan -- replatting would be limited to that portion of the entire
tract which has already been approved for development (the "Develop-
ment Parcel"). Moreover, replatting would conform to all Engineering
Department concerns and criteria.
Needless to say, chart any reduction in the twelve approved dwelling
units at the Pitkin Reserve will result in the return to Aspen
b;ountain Park of the unused development rights. These, of course,
arose from the conversion of Smuggler Trailer Park to an
owner-occupied, controlled employee housing cooperative.
The Implications of Relocating the Access Road and Utility Easement.
finis new road location has the following advantages:
1. Fiore sensitive and sophisticated integration of houses, access
road and landscape.
2. Garage doors no longer face the Aspen Institute, bike path or
recreation area. They are only visible from the access road.
3.
4.
5.
6.
Road is far less visible.
Road and driveway lengths are reduced.
Disturbed area requiring revegetation is reduced.
Vertical change of access road is reduced from 62' to 50'
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Lipkin, Averitt $ Rarclay "°
De•~ign Partnership ""`
These proposed changes have been reviewed by our civil engineers, E1
Dorado Engineering, and our structural engineers, ADG (formerly Coe,
Van Loo and Jaschke) who agree that there would be no significant
negative effects resulting from this change. The utilities would be
relocated to the new road right of way with the exception of the
sewage line which would remain in roughly the same location on the
downhill side of the houses.
The proposed utility system and drainage plan would require limited
redesign and the use of a Gabion retaining wall would present no
structural problems.
Conclusion. As we indicated above, it is a refinement of our site
plan, and marketing conditions that suggest we make these requests.
It nonetheless remains our intention to proceed with the Pitkin
Reserve development at the appropriate time in substantially the
format and spirit that was approved by the Aspen Planning & Zoning
Commission and the City Council of the City of Aspen.
We look forward to working with you and your staff on these
approaches. Thank you for your consideration.
Sincerely,
Michael L•pkin, President
Pitkin, Ltd.
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Lipkin, Avmtt do Barclay
Architxrs'Plannas
125 Cedu Sveec, Suice SS
New York N. Y. 10006
(212) 619-3848
Boa 3004
Aspen, Colorado 81612
(303) 925-3774, 5689
Mr, Sunny Vann
Planning Director
City of Aspen
130 S, Galena Stret
Aspen, CO 81611
Dear Mr, Vann:
April 13, 1983
In accordance with Section 24-8.26 of the Code of the
City of Aspen for an amendment to an existing PUD plan, Pitkin
Limited formally requests your approval of a minor change in the
form of our structure,
The architectural design criteria for The Pitkin Reserve
includes a requirement that 65~ of the roof on each house will be
pitched. We would like your approval to waive this requirement.
This would allow us greater freedom in attempts to minimize the
apparent building mass, control solar infiltration with roof
overhangs, and allow for more sensitive siting into the hillside
in certain locations,
Thank you for your consideration.
Sincerely,
i
I
..
chael {.ip n,
Pitkin Limit d
In accordance with Section 24-8.26 of the Land Use Code I, as
Plannin Director, authorize the above described minor amendment
td t?it~tkin Reserve final approval.
Sunny Vann
Planning Director
Aspen/Pitkin County Planning Office