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Home My WebLink AboutLand Use Case.S Aspen St.0067.2009.ASLU .~ THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0067.2009.ASLU 2735 07 3 80 001 0 SOUTH ASPEN ST CHRIS BENDON VESTED RIGHTS EXTENTION VANN ASSOCAITES 12.08.09 CLOSED BY ANGELA SCOREY ON: 5.28.10 ~0~~ - 2cn`~' . ~-s~c~ ~ ~~~~ ~~ 1 ~ Cam.,-~ ~-~~- ~ r A ~~~ ~~I~ d ~-n»i~~ File edit 3emrd f~faviga~ Fgrm Reports Format Tab Help Address ~I7 K LR9E AptJSute S - - -_ ° CdY'A~ State LA Lp:9t611 J ~! Permdintormation J -. Master Perms Routing Queue :aslu07 Applied 10115(2009 - - _ - ! Status Pending - Approved ~-J Project Description .SOUTH ASPEN STREET SUBDIVISIONIPUD VESTED RIGHTS EXTENTION Issued J i Final '. i Submitted ':VANN A55OC1ATE5 925 6958 Clock ~irrung Days 5 Expres1011012010 owner _ Last Name 'CENTL6iI0N PARTNERS, Lli Firs[ Nmne ~ -- ~~ 300 5 SPRING ST __ _ -- SUITE 30t Phone ~i(949) 250-8800 !ASPEN CO 01611 ' Owner Is Applicant] . Applicant Last Name ASPEN LAND FUAID, LLC First Name 300 5 SPRING ST ___ _ -' _ ._ 301 Phone 4970) 5+4-1797 Cust ~ ?4960 ASPEN CO 81611 I lender _ i ~ -- Last Name --- Fvst Name Phone ~ ~ 3~~3 L~vv~rn~-,~f ~ ~ ~ ~F 10 • CTb ~~¢,cR,,;~V ~r 2 ~e6 3 Z V GG ~~,~ ~C_~ 6 ~~' mw RESOLUTION N0.96 (Series of 2009) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE N0.32, SERIES OF 2003, FOR THE SOUTH ASPEN STREET SUBDIVISION/PUD APPROVAL, BEING A PARCEL OF LAND DESCRIBED AS PARCELS I, 2, AND 3, OF THE SOUTH ASPEN STREET SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PITHIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from Aspen Land Fund II, LLC, represented by Sunny Vann, of Vann and Associates, requesting approval of a five-yeaz extension of the vested rights granted for the South Aspen Street Subdivision/ PUD pursuant to Ordinance No. 32, Series of 2003; and, WHEREAS, City Council adopted Ordinance No. 32, Series of 2003, which approved a subdivision/PUD and awazded Vested Property Rights status for the development of fourteen (14) free-mazket residential units and seventeen (17) affordable housing units until July 28, 2006; and, WHEREAS, the statutory vested rights for the project were subsequently extended via the adoption of City Council Resolution No. 9, Series of 2008, to July 28, 2009, and then via resolution No. 9, Series of 2009, to January 28, 2011; and, WHEREAS, the subject property is described as Lots 1, 2, and 3, of the South Aspen Street Subdivision/Planned Unit Development as described on the subdivision plat thereof recorded as reception number 537080 in Book 83, Page 50, with the Pitkin County Clerk and Recorder; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may adopt a resolution granting an extension of vested rights after a duly noticed public hearing; and, WHEREAS, the Community Development Director has reviewed the application and has recommended approval of the extension of vested rights for the South Aspen Street Subdivision/ PUD; and, WHEREAS, the Aspen City Council has reviewed and considered the requested extension of vested rights for the South Aspen Street Subdivision/ PUD under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Duector, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of City Council Resolution No. 96, Series of 2009. Page 1 ,.. ..r vested rights proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council fords that this Resolution furthers and is necessary for the promotion of public health, safety, and welfaze. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO,THAT: Section 1: The Aspen City Council does hereby extend to January 28, 2016, the statutory vested rights as approved by Ordinance No. 32, Series of 2003, for pazcels 1, 2, and 3, of the South Aspen Street Subdivision/PUD, City and Townsite of Aspen for the South Aspen Street Subdivision/PUD with the following condition: 1. This extension is for the sole purpose of enabling the continued review of the "COWOP" application for an alternate development plan on this site vis-a-vis lodging and fractional ownership uses. At the time the "COWOP" land use application for alodging/fractional ownership development on this property is either approved, not approved, or is withdrawn, including any time necessary for a public vote or referendum, the vested rights associated with the "townhomes project" approved pursuant to Ordinance 32, Series of 2003, shall remain valid for twenty-four additional months from the effective date of such action. A six- month period of inactivity shall constitute a withdrawal of the application. 2. The statutory vested property right shall not preclude the applications or regulations which are general in nature and aze applicable to all property subject to land use regulation by the City of Aspen including, but not limited to; building, fire, plumbing, electrical and mechanical codes, and all adopted impact fees. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, and impact fees that aze in effect at the time of building permit, unless an exemption therefrom is granted in writing. Section 2: Due to the Applicant's voluntary participation in the COWOP process for alodging / fractional ownership development on this site and its suspension to date of the building permit process for the townhomes project, the Applicant in its discretion may reactivate its building permit application at any time prior to the expiration date described above. Section 3: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. City Council Resolution No. 96, Series of 2009. Page 2 r, ., ~.. 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 ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: If any section, subsecfion, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 6: A duly noticed public hearing on this Resolution was held on the 9~' day of November and the Ts day of December, 2009, at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINAL Y, resolved, adopted, passed, and approved by a t-f tom vote on this ~" day of w~-t'J~i, 2009. Approved as to form: Approved as to content: -----Jolin P. Worcester, City Attorney Michael C. Ireland, Kathryn S. ~6ch, City Clerk City Council Resolution No. 96, Series of 2009. Page 3 ~,,.. ~,.. Chris Bendon From: John Sarpa [JohnSarpa@centurion-partners.com] Sent: Wednesday, December 16, 2009 11:14 AM To: Chris Bendon; vannassociates@comcast.net Subject: RE: Townhomes vested rights That is fine with me as I meant to call you about the 2016 part since it was not discussed. How did your code amendment re vesting go with P&Z? John Sarpa Centurion Partners 300 South Spring Street Suite 301 Aspen, Colorado 81611 Tel. 970-544-8336 Ce11970-379-2595 Fx.970-544-8271 Email JohnSarpa@Centurion-partners.com -----Original Message--- From: Chris Bendon [mailto:Chris.Bendon@ci.aspen.co.us] Sent: Wednesday, December 16, 2009 11:12 AM To: John Sarpa; vannassociates@comcast.net Subject: Townhomes vested rights John: I think I made a boo-boo on Reso 96. I amended condition number 1 to reflect the 24-month cushion, but didn't change the language in the intro to that section that speaks to an extension through 2016. I'd like to correct it as a scriveners error and have it resigned with your blessing. Attached is the highlighted section. Cheers, Chris -----Original Message----- From: Chris [mailto:chrisb@ci.aspen.co.us] Sent: Wednesday, December 16, 2009 9:18 AM To: Chris Bendon Subject: This E-mail was sent from "RNPB6141 E" (Aficio MP 7500). Scan Date: 12.16.2009 11:18:15 (-0500) '~.,, .. vested rights proposal, 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 welfare. NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF COLORADO,THAT: ~ Section 1: ~ ' i The Aspen City Council does hereby ex o 28 2016 ~ ory vested rights as approved by Ordinance No. 32; 24Q~,, foe ,parco , d 3, of the South Aspen Street Subdivision/PUD, City and ownsite of Aspen for South Aspen Street Subdivision/PUDwlth the following conditiorfi 1. This extension is for the sole purpose of enabling-the cunt' ued review of the "COWOP" application for an alternate development plan n this site vis-it-vis lodging and fractional ownership uses. At the time "COWOP" land use application for alodging/fractional ownership develop ent on this property is either approved, not approved, or is withdrawn, incl g any time necessary for a public vote or referendum, the vested rights asso 'ated with the "townhomes project" approved pursuant to Ordinance 32, Series 2003, shall remain valid for twenty-four additional months from the effectiv date of such action. A six- month period of inactivity shall constitute a with awal of the application. 2. The statutory vested property right shall of preclude the applications or regulations which are general in nature an are applicable to ail property subject to land use regulation by the City of Aspe including, but not limited to, building, fire, plumbing, electrical and mechani codes, and all adopted impact fees. The developer shall abide by any and all ch building, fire, plumbing, electrical and mechanical codes, and impact fees that are in effect at the time of building permit, unless an exemption there m is granted in writing. Section 2: Due to the Applicant's voluntary cipation is the COWOP process for alodging / fractional ownership development o this site and its suspension to date of the building permit process for the townhomes oject, the Applicant in its discretion may reactivate its building permit application at any ' e prior to the expiration date described above. Section 3: All material representations commitments made by the applicant pursuant to the development proposal app vain as herein awarded, whether m public hearing or documentation presented fore 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. '~ City Council Resolution No. 96, Series of 2009. Page 2 Section 4: This Resolution shall not affect any existing litigation and shall not operate as an tement of any action or proceeding now pending under' or by virtue of the ordinances epealed or amended as herein provided, and the same shall be conducted and concl under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of Resolution is for any reason held invalid or unwnstitutional in a. court of competent ' 'sdiction, such portion shall be deemed a separate, distinct and independent provi 'nand shall not affect the validity of the remaining portions thereof. Section 6: A duly noticed public hearing on this Resolution wash don the 9'" day of November and the 7o day of December, 2009, at 5:00 PM in the Ci ouncil Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, resolved, adopted, passed, and day of i~e~', 2009. Approved as to form: Attest ~- IZathryn S. ch, City Clerk '... by a ~ to'~ vote on this ~' Approved as to content: Michael C. City Council Resolution No. 96, Series of 2009. Page 3 Irk ~ b, MEMORANDUM TO: Mayor Ireland and Aspen City Council ~ ~ ' THRU: Chris Bendon, Community Development Director 1 ~ I A RE: South Aspen Street Subdivision/PUD -Extension of Vested Rights Resolution - 96, Series 2009. HEARING DATE: December 7, 2009 SUMMARY: At the hearing on this item on November 17`s, a resolution was adopted extending the vested rights for the South Aspen Subdivision projects -also known as the "townhomes project." The Applicant subsequently requested City Council reconsider the wording of the adopted resolution. The Council agreed to reconsider the wording and scheduled the item on tonight's agenda. Attached is a revised resolution. The Applicant is comfortable with the revised language as proposed. ORIGINAL WORDING FOR CONDITION NO.1: This extension is for the sole purpose of enabling the continued review of the "COWOP" application for an alternate development plan on this site vis-a-vis lodging and fractional ownership uses. In the event the "COWOP" land use application for alodging/fractional ownership development on this property is approved and becomes a vested property right, including any time necessary for a public vote or referendum, the vested rights associated with the "townhomes project" approved pursuant to Ordinance 32, Series of 2003, shall be vacated and considered null and void. In the event the "COWOP" land use application for a lodging/fractional ownership development on this property is not approved or is withdrawn, the vested rights associated with the "townhomes project" approved pursuant to Ordinance 32, Series of 2003, shall remain valid for twenty-four additional months from the date of such denial or withdrawal or through January 28, 2013, whichever date is later. A six-month period of inactivity shall constitute a withdrawal of the application. REVISED WORDING FOR CONDITION NO. 1: This extension is for the sole purpose of enabling the continued review of the "COWOP" application for an alternate development plan on this site vis-a-vis lodging and fractional ownership uses. At the time the "COWOP" land use application for a lodging/fractiona] ownership development on this property is either approved, not approved, or is withdrawn, including any time necessary for a public vote or referendum, the vested rights associated with the "townhomes project" approved pursuant to Ordinance 32, Series of 2003, shall remain valid for twenty-four additional months from the effective date of such action or through January 28, 2013, whichever date is later. A six-month period of inactivity shall constitute a withdrawal of the application. ATTACHMENTS: Resolution No. 96, with revised text Exhibit A -email from John Sarpa Page 1 of 1 .y Chris Bendon _ _ >r~ '~~~- From: Krystal England (KrystalEngland@centurion-partners.com] ,,//'' '~ Sent: Monday, November 30, 2009 11:21 AM v-„r~ /~ „~ _ ~~A J_ ~S~ To: Chris Bendon //~~'"' / tr•~"o'n ^'~iM Cc: John Sarpa Subject: FW: South Aspen Street townhomes vested rights extension For inclusion in the packet for the next meeting From: Krystal England Sent: Monday, November 23, 2009 9:37 AM To: jennifer.phelan@ci.aspen.co.us Cc: John Sarpa; 'C]Heaphey@hollandhart.com' Subject: South Aspen Street townhomes vested rights extension [Jennifer, below please find text of a letter from John Sarpa to City Council regarding reconsideration of the ordinance that was approved last Tuesday afternoon. Please circulate this to the Council as soon as possible in advance of the meeting tonight. Thanks, Krystal] Deaz Mayor and City Council: The intent of this letter is to confirm our understanding of the result of last week's discussions regarding the extension of the vested rights for the town homes on South Aspen St. During our hearing on Tuesday, Nov. 17, much of our discussion was focused on the amount of time AFTER a Cowop hotel project is approved and BEFORE it can be built. We had requested a minimum of three yeazs extension of the town home vested rights after such an approval, and it was our understanding that after the Council members' discussion of the matter, it was agreed to extend the vested rights for up to 2 years after the approval, denial or withdrawal of the hotel project. Because there was some question as to this understanding, we have asked for a confirmation of this outcome. Since as was discussed in detail last week, the entire purpose of the hearing for us was to seek an extension of the previous vested rights deadline of January 2011 in order to proceed with the hotel approvals, we of course would not agree to any condition that might shorten that time frame. If we had agreed that upon approval of the hotel project the town home vested rights would simultaneously expire, it would in fact shorten the previous deadline if the hotel were approved at anytime next year (2010). Since such an approval is at least a possibility, we would not be able to agree to that condition. We had anticipated and understood that the wording for the final vested rights extension resolution would reflect an extension for up to 2 years after any disposition of the hotel efforts/approvals (approval, denial or withdrawal) and no later than 2013. The hotel Cowop has made good progress and there is more to be done before the group's work comes before the Council. We sincerely appreciate the Council's assistance in helping that critical process proceed. Sincerely, John Sarpa Krystal England Centurion Partners LLC 300 South Spring St, Suite 301 Aspen, CO 81611 o: 970.544.8336 f: 970.544.8271 c: 970.343.0731 krystalengland@centurion-partners com 11 /30/2009 ,~ ~R ~a g ~ ,..~. ;~ ~ Cu~.s~dv ~S~' ~ eX~ St'-~v'~-y tkc~ Gibs ~' ' s _ 01K,~ l{nllMti 15~-~ ~7~ ~ ~y (~ ~~~v~l~ /~i~{4~ rILtN ~ci~ ~iv~ ln~r~u.~ ~i~st VuWzA,~ cwx~ '~. ruff, ~ suss.:. da~~.. u.- '~, ~~ ~R~'1'ti~aYilYi~ ~ S~~- rccev^`~ ~ bud- clad rub ~w C~ «.- -t~.-- 1J,}- aw ~ ~ haF- aa,r pa{~ (~ b a~~ (Jww~s~ P~`'' ~~h kniruwww, 3•~rs. ~~ ~~b~- uJ~ld I~ ~f ~ ~ ~ s~ -I-' Z y~crs . ~, -1w.. Zoa i~, f 1--,- ~ . f/U~/ ?~ wbw~-ka~ Zc~l3 ~~ "" 2" pl~#~Ap. C` a~ ~,~ ~ ~v L2/~-~ Gi ~'~Y1o G~~vfrivt~ Gi~;::~' T~ ~ia~~z,:.l ~.~ ~dt~ . r ~~~~~~:~~ ~~r~~~~fs l~.~f;~ - ~ ~t,lk5'.11i:-"f.Es?f.+ G~PpYOkk.~~r i.- 1 f ~1 ~t t Mayor Mick Ireland and City Council (VIA EMAIL) Dear Mayor Ireland and City Councilmen, November 11, 2009 99 ~Xl~siu. o ~- (/CB~Cet( ~Z ~ fk ~. ~,~., ~y,f~iv~5rv~ This letter is intended as further information as to why Aspen Land Fund II (ALF) has requested an extension of the vested rights for the town homes pursuant to Ordinance 32, Series of 2003. Unfortunately, neither of the currently proposed options of staff for a limited extension of those rights would permit ALF to continue to pursue the hotel project that seems to be making such good progress. As has been widely publicized, ALF is currently negotiating with its lender for a renewal of its existing loan. That loan was made based on the value of the ALF land with the town home approvals in place. Currently those vested rights expire in January of 2011. However, in order to perfect those rights, considerable work to begin the construction of the town homes must be done and that will take many months (about a year) and millions of dollars. In addition to this situation, the possible hotel approval process will extend into next year even for just the City Council review. If and when the hotel project receives its final approvals, it will take many, many months to complete the architectural drawings necessary to record the final plat. Likewise, the drafting of the final subdivision agreements will require many months of work. In a project of this complexity, just these time frames could reasonably take 18 to 24 months subsequent to final approvals to complete. Finally, once the new project is approved, fully platted and all necessary agreements are in place with the City; it will take considerable time to find and secure financing for the project to proceed. All those elements must be in place for the major financing to be committed and it is widely accepted that commercial real estate lending of this sort will not be available for a number of years into the future. Due to all these factors, our lender has made it one of the conditions for the possible extension of our loan for ALF to secure at least a 3 year extension of the current town home vested rights. Otherwise, work would have to begin on the town home construction in the very near future. We have requested a five year extension as we believe that would provide even a more appropriate amount of time to accomplish all the substantial work noted above and we will be available to discuss all this in detail with you next Tuesday, November 17 at 4. We and the community have devoted a great deal of time and effort to finding the right balance of many factors to bring a new appropriately sized hotel to the base of Aspen Mountain and this extension is an essential component of that ongoing process. We very much appreciate all those efforts thus far and lock forward to continuing to work with you toward that goal. Sincer ly, hn Sarpa Aspen Land Fund II Authorized Signatory ~- MEMORANDUM TO: Mayor Ireland and Aspen City Council ~ ,~~ THRU: Chris Bendon, Community Development Director r J' r' ' / RE: South Aspen Street Subdivision/PUD -Extension` of Vested Rights Resolution - ~, Series 2009. Public Hearing HEARING DATE: November 9, 2009 SUMMARY: The Applicant, Aspen Land Fund II, requests an extension of the vested rights for an approved residential townhome project to Januazy 28, 2016 - a 5-year addition to the current expiration date of January 28, 2011. The project was originally approved in 2003 and consists of fourteen (14) free-mazket residential units and seventeen (17) affordable housing units in a townhome configuration. The project is commonly referred to as the "townhomes project." The townhomes project was put on hold by the landowner in order to pursue a lodging and fractional ownership project. A lodging/fractional ownership project on this property is currently being reviewed under the City's COWOP process -the Lodge at Aspen Mountain COWOP. This process is currently scheduled to conclude task force review on November 18~', although additional meetings are likely to be necessary prior to City Council starting their review. City Council's review of the COWOP recommendation is tentatively scheduled for Winter/Spring of 2010. The vested rights for the townhomes project have been extended before, always in recognition of a pending application for lodging on this property. Staff has supported the prior requests for extension believing that a lodging development will provide greater community benefit in this location than a residential development. Staff supports the continued pursuit of a lodging development on this site. Staff questions the need to extend the townhome approvals unti12016 and is not supporting the extension as requested. Staff is not basing the recommendation on the financial circumstances of the Applicant. The Applicant and representatives from the Applicant's bank will be at the meeting to discuss financial realities and limitations on the continued discussion of a lodge on this property. Certain scenazios may cause the Applicant to cease pursuit of the lodge application. Staff does recommend extending the vested rights in a manner that enables the lodging/fractional ownership application to proceed. Staff proposes two conditional extension options for City Council consideration: 1. Extension of the vested rights until such time as the COWOP application is decided. If the COWOP application is approved, the townhomes approvals would be vacated and replaced with a vested approval for a lodging development. If the COWOP application is denied, or withdrawn, the vested rights for the townhomes would continue to be valid through the current expiration date of January 28, 2011. 2. Extension of the vested rights to provide a 6-month buffer commensurate with the continued review of the lodging development. The expiration date for the townhomes would continually move with the continued pursuit of the lodging application. If the lodging application is approved, the townhomes approvals would be vacated and replaced with a vested approval for a lodging development (as in #1). If the lodging application is denied or withdrawn, the vested rights for the townhomes would expire 6 months from the denial or withdrawal date, but not prior to January 28, 2011. Notes: a. The actual time buffer in option number 2 could be amended to address the concerns of the Applicant and bank. There aze practical time considerations involved in restarting a dormant construction project. b. The effective date of vacating the townhomes vested right could be decided concurrent with an ordinance approving a lodging development and does not necessarily need to be decided with this extension. Staff has drafted a resolution for the request assubmitted -extending the vested rights through 2016. Staff is recommending this resolution not be adopted. Staff has drafted language in Exhibit A that would implement the two options described above. If City Council pursues one of these options, the resolution will need to be amended. This can happen by motion at the hearing. APPLICANT /OWNER: Aspen Land Fund II, LLC. John Sarpa, Authorized Agent. REPRESENTATIVE: Sunny Vann, Vann Associates, LLC. LOCATION: Parcels 1, 2 and 3 of the South Aspen Subdivision. Located along the west side of South Aspen Street near the base of Aspen Mountain between the Shadow Mountain Townhomes to the South and the Timberidge Condominiums and the Lift One Condominiums to the North. RECOMMENDATION: Staff recommends that the City Council not approve the requested extension of vested property rights. Staff recommends City Council consider two options proposed by staff that may enable the continued pursuit of the lodging/fractional ownership application on this site. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Resolution No.~, Series of 2009, extending until January 28, 2016, the statutory vested rights for the South Aspen Subdivision/PUD." CITY MANAGER'S COMMENTS: ATTACHMENTS: Proposed Resolution No. ~, Series of 2009. Exhibit A -Two options for conditional extension Exhibit B -Application RESOLUTION NO.~ (Series of 2009) I ~' A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE N0.32, SERIES OF 2003, FOR THE SOUTH ASPEN STREET SUBDIVISION/PUD APPROVAL, BEING A PARCEL OF LAND DESCRIBED AS PARCELS 1, 2, AND 3, OF THE SOUTH ASPEN STREET SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PITHIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from Aspen Land Fund II, LLC, represented by Sunny Vann, of Vann and Associates, requesting approval of a five-yeaz extension of the vested rights granted for the South Aspen Street Subdivision/ PUD pursuant to Ordinance No. 32, Series of 2003; and, WHEREAS, City Council adopted Ordinance No. 32, Series of 2003, which approved a subdivision/PUD and awazded Vested Property Rights status for the development of fourteen (14) free-mazket residential units and seventeen (17) affordable housing units until July 28, 2006; and, WHEREAS, the statutory vested rights for the project were subsequently extended via the adoption of City Council Resolution No. 9, Series of 2008, to July 28, 2009, and then via resolution No. 9, Series of 2009, to January 28, 2011; and, WHEREAS, the subject property is described as Lots 1, 2, and 3, of the South Aspen Street SubdivisionlPlanned Unit Development as described on the subdivision plat thereof recorded as reception number 537080 in Book 83, Page 50, with the Pitkin County Clerk and Recorder; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may adopt a resolution granting an extension of vested rights after a duly noticed public hearing; and, WHEREAS, ~e Community Development Director has reviewed the application and has recommended approval of the extension of vested rights for the South Aspen Street Subdivision/ PUD; and, WHEREAS, the Aspen City Council has reviewed and considered the requested extension of vested rights for the South Aspen Street Subdivision/ PUD under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council fmds that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of City Council Resolution No. _, Series of 2009. Page 1 V r vested rights proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council fmds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, THAT: Section 1: The Aspen City Council does hereby extend to January 28, 2016, the statutory vested rights as approved by Ordinance No. 32, Series of 2003, for pazcels 1, 2, and 3, of the South Aspen Street Subdivision/PUD, City and Townsite of Aspen for the South Aspen Street Subdivision/PUD with the following condition: 1. The statutory vested property right shall not preclude the applications or regulations which aze general in nature and aze applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes, and all adopted impact fees.. The developer shall abide by any and all such building, fire, plumbing,.electrical and mechanical codes, and impact fees that aze in effect at the time of building permit, unless an exemption therefrom is granted in writing. Section 2: Due to the Applicant's voluntary participation in the COWOP process for alodging / fractional ownership development on this site and its suspension to date of the building permit process for the townhomes project, the Applicant in its discretion may reactivate its building permit application at any time prior to the expiration date described above. 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, 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 ordinances repealed or amended as herein provided, and the same shall be conducted and, concluded under such prior ordinances. 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. City Council Resolution No. cPr;P~ „r~nn4 raaP 2 :~ Section 6• A duly noticed public hearing on this Resolution was held on the 9s' day of November, 2009, at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, resolved, adopted, passed, and approved by a to _ vote on this day of , 2009. Approved as to form: Approved as to content: John P. Worcester, City Attorney Michael C. Ireland, Mayor Attest: Kathryn S. Koch, City Clerk City Council Resolution No. Series of 2009. Page3 Exhibit A ~pt1Un #1 Section 1: The Aspen City Council does hereby conditionally extend the statutory vested rights as approved by Ordinance No. 32, Series of 2003, for pazcels 1, 2, and 3, of the South Aspen Street Subdivision/P1JD, Ciry and Townsite of Aspen for the South Aspen Street Subdivision/PUD with the following conditions: 1. This extension is for the sole purpose of enabling the continued review of the "COWOP" application for an alternate development plan on this site vis-a-vis lodging and fractional ownership uses. The statutory vested rights aze extended .for the period of time during which a land use application (the "COWOP" application) for lodging and/or fractional ownership uses is actively being pursued by the landowner. In the event the "COWOP" land use application for a lodging/fractionaY ownership development on this property is approved and becomes a vested property right, including any time necessary for a public vote or referendum, the vested rights associated with the "townhomes project" approved pursuant to Ordinance 32, Series of 2003, shall be vacated and considered null and void. hi the event the "COWOP" land use application for alodging/fractional ownership development on this property is not approved or is withdrawn, the vested rights associated with the "townhomes project" approved pursuant to Ordinance 32, Series of 2003, shall remain valid through January 28, 2011, and shall not be considered extended via this resolution. A six-month period of inactivity shall constitute a withdrawal of the application. 2. The statutory vested property right shall not preclude the applications or regulations which aze general in nature and aze applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes, and all adopted impact fees. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, and impact fees that aze in effect at the time of building permit, unless an exemption therefrom is granted in writing. ~. Oation #2 Section 1: The Aspen City Council does hereby conditionally extend the statutory vested rights as approved by Ordinance No. 32, Series of 2003, for parcels 1, 2, and 3, of the South Aspen Street Subdivision/PUD, City and Townsite of Aspen for the South Aspen Street Subdivision/PUD with the following conditions: L This extension is for the sole purpose of enabling the continued review of the "COWOP" application for an alternate development plan on this site vis-a-vis lodging and fractional ownership uses. In the event the "COWOP" land use application for alodging/fractional ownership development on this property is approved and becomes a vested property right, including any time necessary for a public vote or referendum, the vested rights associated with the "townhomes project" approved pursuant to Ordinance 32, Series of 2003, shall be vacated and considered null and void. In the event the "COWOP" land use application for a lodging/fractional ownership development on this property is not approved or is withdrawn, the vested rights associated with the "townhomes project" approved pursuant to Ordinance 32, Series of 2003, shall remain valid for six additional months from the date of such denial or withdrawal or through January 28, 2011, whichever date is later. A six-month period of inactivity shall constitute a withdrawal of the application. 2. The statutory vested property right shall not preclude the applications or regulations which aze general in nature and aze applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes, and all adopted impact fees. The developer shall abide by any and all such building, fue, plumbing, electrical and mechanical codes, and impact fees that aze in effect at the time of building permit, unless an exemption therefrom is granted in writing. VANN ASSOCIATES, LLC Planning Consultants October 23, 2009 HAND DELIVERED Mr. Chris Bendon, Director Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 ~a,E f~ R~~F~VF U~~, ~ ~ Ciry ~~MNN/ry~~IO~FNT Re: South Aspen Street Subdivision/PUD Vested Rights Extension Dear Chris: As we discussed earlier today, Aspen Land Fund II, LLC ("ALF") wishes to amend its requested vested rights extension application for the South Aspen Street Subdivi- sion/PUD project. A three (3) year extension was requested in ALF's October 7, 2009 application. As a result of further discussions with their primary lender, a five (5) year extension will now be required as a part of their renegotiated loan. It is my understanding that ALF is prepared to discuss the new requirement at the November 9 City Council meeting. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, VANN ~SOCIATEy,$, LLC AICP SV cc: John Sarpa, Aspen Land Fund II, LLC c: \oldc\bus\city.ltr\1tr45303. c65 230 East Hopkins Ave. Aspen, Colorado 81611 970/925-6958 Fax. 970/920-9310 w.. / VANN ASSOCIATES, LLC Planning Consultants October 7, 2009 HAND DELIVERED Mr. Chris Bendon Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RECEIVED-~ UCT 1,4 2009 C:1 I Y Vr ~"-Jt'tN COMMUNITY pEV~, Re: South Aspen Street Subdivision/PUD Vested Rights Extension Dear Chris: Please consider this letter an application to extend the vested rights for the South Aspen Street Subdivision/PUD, afree market residential/affordable housing project which has been approved for development on three parcels of land located on the west side of South Aspen Street near the base of Aspen Mountain (see Exhibit 1, Pre- Application Conference Summary, attached hereto). The application is submitted pursuant to Section 26.308.O10.C. of the Aspen Land Use Regulations by the owner of the property, Aspen Land Fund II, LLC (hereinaf- ter "Applicant"), a Colorado limited liability company (see Exhibit 2, Title Commit- ment). Permission for Vann Associates, LLC, to represent the Applicant is attached as Exhibit 3. Aland use application form, application fee agreement, and a list of property owners located within three hundred feet of the project site are attached as Exhibits 4, 5 and 6, respectively. Final PUD approval was granted by the City Council on July 28, 2003 pursuant to Ordinance No. 32, Series of 2003 (see Exhibit 7). As a consequence of several prior extensions granted by City Council, the approval is currently vested until January 28, 2011. The most recent extension was approved pursuant to Resolution No. 9, Series of 2009 (see Exhibit 8). The original vested rights extensions were granted to accommodate the City's review of an alternative project for the property and the Applicant's participation in the Lift One Neighborhood Master Plan COWOP process. On January 14, 2009, a motion to approve Ordinance No. 34, Series of 2008, granting approval to the Lift One Neigh- borhood Master Plan, and granting all required land use approvals with respect thereto, resulted in a 2 to 2 tie vote. A subsequent motion to refer the project to the 230 East Hopkins Ave. Asper., Colorado 81611 970/925-6958 Fax 970/920-9310 Mr. Chris Bendon October 7, 2009 Page 2 Aspen electorate passed 3 to 1, and a ballot question was scheduled for the May 2009 general election. The most recent vested rights extension was granted to accommo- date the May election and the Applicant's need to complete the building permit process for the residential project should the ballot question fail. In June of 2009, the Lift One Lodge applicant decided not to proceed with the then existing COWOP process. Anew COWOP process was subsequently established by the City Council to consider revisions to the Applicant's proposed Lodge at Aspen Mountain project. The new COWOP process, which includes both the City and the Aspen Skiing Company, is presently ongoing. As presently envisioned, that process is expected to end later this year. The COWOP's recommendations will then be forwarded to the City Council for review and approval. In the event the proposed lodge project is approved, the Applicant will terminate the South Aspen Street Subdivision/PUD approval in connection with the recordation of the lodge project's PUD agreement and associated documents. As you are aware, the Applicant has filed for Chapter 11 bankruptcy protection to permit the renegotiation of its loan with its primary lender. In connection with the renegotiation, the lender has indicated that a further extension of the South Aspen Street Subdivision/PUD's vested rights will be required. As the new COWOP process is ongoing, and the lender is requiring a further extension of the residential project's vested rights to collateralize any renegotiated loan, the Applicant requests an additional three (3) year vested rights extension. If approved, the new deadline for the expiration of the residential project's vested rights would be January 28, 2014. This amount of time for the extension is driven primarily by the continuing weak + ?~ commercial credit markets. ~~' Pursuant to Section 26.308.OIO.C. of the Regulations, the City Council may by resolution at a public hearing approve an extension of vested rights. The specific review criteria which the Council shall consider, and the Applicant's response thereto, are summarized below. 1. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement. Section 2 of Ordinance No. 32, Series of 2003, requires the Applicant to record a final PUD development plan, a PUD agreement, and a subdivision plat memorializing the South Aspen Street Subdivision/PUD's development approval. All of these instruments were recorded on April 25, 2007. d.~ Mr. Chris Bendon October 7, 2009 Page 3 "~ 2. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expendi- tures made by the applicant in pursuing the project. The City's review of the building permit application for the residential project was in progress when it was allowed to become dormant pursuant to Resolu- tion No. 9, Series of 2008 to permit the Applicant's participation in the Lift One COWOP process. The Applicant, however, was permitted to reactivate the building permit process at any time prior to the July 28, 2009 vested rights expiration date. The deadline for reactivation of the building permit was extended to January 28, 2011 pursuant to Resolution No. 9, Series of 2009. Prior to the Resolution's adoption, the Applicant made diligent efforts to obtain the requisite building permits for the project. These efforts included, inter alia, the preparation and recording of all necessary PUD documentation, the development of final architectural and engineering plans and specifications, additional environmental testing and monitoring, the demolition of the Mine Dump Apartments, and the submittal of various building permit applications and related materials to the City's Building Department. Aggregate expendi- tures made by the Applicant in connection therewith pursuing the project are in the range of $3,000,000.00. 3. The nature and extent of any benefits already received by the City as a result of the project approval such as impact fees or land dedications. Permit and impact fees paid to date by the Applicant to the City in connection with the project amount to approximately $270,000.00. 4. The needs of the City and the applicant that would be served by the approval of the extension or reinstatement request. No community benefit would result by requiring the Applicant to obtain a building permit and commence construction of the residential project when the preferred alternative is a new mutually acceptable hotel. Both the City and the Applicant would best be served by the granting of the requested extension of the residential project's vested rights. An extension will accommodate the completion of the ongoing COWOP process and the Ciry Council's consideration of its recommendations without unnecessarily burdening both the Applicant and the City with the resumed processing of the residential project's building permit application. Given the ,. Mr. Chris Bendon October 7, 2009 Page 4 Applicant's voluntary participation in the COWOP process, and its suspension to date of the building permit process, fundamental fairness also supports the requested extension. The Applicant, in its sole discretion, however, may rein- state its building permit process at any time prior to January 28, 2014 in the event the can-ent extension is approved. Should you have any questions, or require additional information, please do not hesitate to call. Your scheduling of this application for consideration by the City Council at its November 9, 2009 meeting would be sincerely appreciated. Yours truly, VANN ASSOCIATES, LLC cc: John Sarpa Arthur C. Daily, Esq. d:\oldc\bus\city.app\app45303.ex4 Attachments ~ EXHIBIT .J CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Chris Bendon, 920.5090 DATE: 10.8.2009 PROJECT: South Aspen Street PUD Vested Rights Extension REPRESENTATIVE: Sunny Vann DESCRIPTION: The applicant would like to extend the vested rights that were originally granted to the South Aspen Street PUD in Ordinance No. 32, Series of 2003.The applicant has extended the vested rights in previous applications in conjunction v~ith pursuing a lodging project on the site. A COWOP process is currently underway considering a lodging project on this site. The Applicant has indicated a desire to extend the vested rights to provide additional time necessary to sustain their financing. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.308.010 C. Extension or Reinstatement of Vested Rights http•//www asaenpitkin comldeats/381citvcode cfm Review By: Staff for complete application and recommendation. City Council for final decision. Public Hearing: Yes at City Council Planning Fees: $1,470.00 Deposit for 6 hours of staff time. Additional staff time is billed at $245 /hour. Total Deposit: $1,470.00 Total Number of Application Copies: 10 Copies To apply, submit the following information ^ Proof of ownership with payment. ^ Signed fee agreement and deposit ^ 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. ^ 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. ^ 10 Copies of.the complete application packet and maps. ^ An 81/2" by 11"vicinity map locating the parcel within the City of Aspen. ^ 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. List of adjacent property owners within 300' for public hearing ^ Copies of prior approvals. ^ Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. EXHIBIT ~ 2 ~~~~~~ ALTA Commitment For Title Insurance American land Tifle Assodatioa (1966) AUTHORIZED AGENT: PITICIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3~FLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL- ADDRESS: TITLE MATTERS: CLOSING MATTERS: Vince Higens-vinceQsopris.net TJ Davis-tjd@sopris.net Priscilla Prohl-priscilla@sopris.net Joy Higens-joy@sopris.net Brandi Jepson-brandi@sopris.net (Closing & Title Assistance) lsmea sy L ~'I~I Home Office: 101 Gateway Cents ParMaay, Gateway One RicMnond, Vngima 13215-5153 1-800-446-7086 B 1004-168 ^~ COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: March 6, 2006 at 8:00 AM 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-Form 1992 Proposed Insured: (b) ALTA Loan Policy-Form 1992 Proposed Insured: (c) ALTA Loan Policy-Form 1992 Proposed Insured: Case No. PCT15436PR2 Amount$ 0.00 Premium$ 0.00 Rate: Amount$ 0.00 Premium$ 0.00 Rate: Amount$ Premium$ Rate: 3. Tdle to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: ASPEN LAND FUND fl LLC, A COLORADO LIMITED LIABILITY COMPANY 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: See Attached Exhibit "A" P1TTCIN cot>rnY TI11E, iNc 601 & HOPI~IS, ASPEN, CO. 81611 970-9251766 Phone/970-915-G527 Fax 877-217315(1 Toll Fme AiTII-IORiZED AGENT Countersigned: Schedule A-PG.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1: Block 6, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more particularty described as follows: Beginning at a point which is the intersection of the Easterly right of way line of Gannisch Street and the Southedy right of way line of Dean Avenue, from whence the Northeast Comer of Section 13, Township 10 South, Range 85 West of the 6th P.M., bears N 53°20'28" East 814.56 feet; thence along the Southerly right of way line of Dean Avenue S 75°09'11" E 330 feet to the Westerly right of way line of Aspen Street; thence along said right of way line of Aspen Street S 14°50'49" W 130 feet to the Northerly right of way line of Juan Street, thence along said right of way line of Juan Street N 75°09'11" W 330 feet to the Easterly right of way line of Garmisch Street: thence along said right of way line of Gannisch Street N 14°50'49" E 130 feet to the point of beginning. F,CCEPTING therefrom: The portion described in Book 232 at Page 362. The above parcel is also described as follows: Beginning at a point which is the intersection of the Eastedy right-of-way line of Gannisch Street and the Southerly right-of-way I"me of Dean Avenue, from whence the Northeast comer of Section 13, Township 1 D South, Range 85 West of the Sixth Principal Meridian bears N 53°20'28" E 614.56 feet, more or less; thence along the Southerly right-of-way line of Dean Avenue S 75°09'11" E 330 fee, more or less, to the Westerly right-of-way line of Aspen Street; thence along said right-of-way Tine of Aspen Street S 14°50'49" W 130 feet, more or less to the Northerly right-of-way line of Juan Street; thence along said rightof-way line of Juan Street N 75°09'11" W 298.20 feet, to the Southeastedy comer of that parcel of land described in Book 232 at Page 362; thence N 40°21'11" W along the Northeastedy line of said parcel, a distance of 38.73 feet to the Northeastedy right-of-way line of Garmisch Street; thence along said right-of-way line of Garmisch Street N 14°50'49" E 107.90 feet, more or less, to the point of beginning. SAID PARCEL OF LAND ALSO BEING DESCRIBED AS FOLLOWS: Block 6, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more particulady desuibed as follows: Beginning at a point which is the intersection of the Easterly right of way line of Gannisch Street and the Southedy right of way Tine of Dean Avenue, from whence the Northeast Comer of Section 13, Township 10 South, Range 85 West of the 6th Principal Meridian., bears N 53°20'26" East 814.56 feet more or less; thence along the Southerly right of way line of Dean Avenue S 75°09'11" E 330 feet, more or less to the Westerly right of way line of Aspen Street; thence along said right of way line of Aspen Street S 14°50'49" W 130 feet, more or less to the Northerly right of way line of Juan Street, thence along said right of way line of Juan Street N 75°09'11" W 330 feet, more or less to the Easterly right of way line of Gartnisch Street, thence along said right of way line of Garmisch Street N 14°50'49" E 130 feet, more or less to the point of beginning. EXCEPTING therefrom: That parcel of land described in Book 232 at Page 362 in the records of the Clerk and Reborder of Pitkin County, Colorado. Said Parcel 1 is also described as follows: Beginning at a point which is the intersection of the Eastedy right-of-way line of Garmisch Street and the Southerly --. right-of-way line of Dean Avenue, from whence the Northeast comer of Section 13, Township 10 South, Range 85 West o1 the Sixth Principal Meridian bears N 53°20'26" E 614.56 feet, more or less; thence along the Southerly right-of-way line of Dean Avenue S 75°09'11" E 330 fee, more or less, to the Westerly right-of-way line of Aspen Street; thence along said right-of-way line of Aspen Street S 14°50'49" W 130 feet, more or less to the Northerty right-of-way line of Juan Street; thence along said right-of-way line of Juan Street N 75°09'11" W 298.20 feet, to the Southeasterly comer of that parcel of land described in Book 232 at Page 362; thence N 40°21'11" W along the Northeastedy line of said parcel, a distance of 38.73 feet to the Northeastedy right-of-way line of Garmisch Streek thence along said right-of--way line of Gannisch Street N 14°50'49" E 107.90 feet, more or less, to the point of beginning. PARCEL 2 That portion of the Northeast one-quarter of the Northeast one-quarter (Lot 1) of Section 13, Township 10 South, Range 85 West of the 6th P.M., described as follows: Beginning at the Northeast Comer of Lot 13, Block 11, Eames Addition; thence N 75°09'11" W 181.25 feet; thence S 14°50'49" W 78.00 feet: thence S 03°55'43" W 164.99 feet; thence S 75°09'11" E 150.00 feet; thence N 14°50'49" E 240.00 feet to the point of beginning. ALSO KNOWN AS Lots 13, 14, 15, 16, 17, 18, 19 and 20, Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, and a tract of land being part of Lot 1 of Section 13, Township 10 South, Range 85 West of the 6th P.M., described as follows: Beginning at the Northwesterly comer of Lot 13, Block 11, Eames Addition; thence S 14°50'49" W 240.00 feet along the Westedy line of said Block 11 to the Southwestedy comer of Lot 20, Block 11, Eames Addition; thence N 03°55'43" E 164.99 feet; thence N 14°50'49" E 78.00 feet; thence S 75°09'11" E 31.25 feet to the point of beginning. AND Lots 7, B, 9, 10, 11 and 12, Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more fully described as follows: Beginning at the Northwesterty comer of said Lot 7; thence S 75°09'71" E 180.00 feet along the Northerly boundary line of said Block 1 t; thence S 74°50'49" W 100.00 feet along the Easterly boundary line of said Block 11; thence N 75°09'11" W 780.00 feet along the Southery boundary line of said Lots 7-12 to the Southwesterly comer of said Lot 7; thence N 14°50'49" E 100.00 feet along the Westedy boundary line of said Lot 7 to the point of beginning. SAID PARCEL OF LAND ALSO BEING DESCRIBED AS FOLLOWS: Beginning at the Southwest comer of said Lot 7, a rebar and cap PLS # 29030, from which a rebar and cap PLS # 2547 bears N 55° E a distance of 0.7 feek thence N 14°50'49" E along the westerly line of said Lot 7, a distance of 100.00 feet to the NoRhwest comer of said Lot 7, also being at the Southerly right-of-way of Juan Street in the City of Aspen, a rebar and cap PLS # 2547; thence S 75°09'11" E along the Northery line of said Block 17, also being the Southerly right-of-way line of said Juan Street a distance of 180.00 feet to the Northeast comer of said Block 11, a rebar and cap PLS # 29030; thence S 14°50'49" W along the Easterly line of said Block 71, also being the Westerly right-of-way of Aspen Street in the City of Aspen a distance of 100.00 feet to the Southeast comer of said Lot 12, a rebar and cap PLS # 29030; thence N 75°09'11" W along the Southerly line of said Lots 7,8,9,10,11 and 12 a distance of 180.00 feet to the point of beginning. ~: AND The vacated alley sduated in Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN. ~~'' EXHIBIT s January 14, 2009 Mr. Chris Bendon, Director RECEI VEp Community Development Department 130 South Galena Street C! dCT 1$ 2009 Aspen, Colorado 81611 ~~UNmD~Op~~N.,~ Re: Permission to Represent ~ "aryl Dear Mr. Bendon: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our application to extend the vested rights period for the South Aspen Street Subdivision/PUD. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Yours truly, ASPEN LAND FUND, LLC a Colorado limited liability company c: \oldc\bus\city.ltr\1tr45303. cb4 EXHIBIT ~, LAND USE APPLICATION APPLICANT: ~'~c/G4~~Fvc/r' G~c Name: Location: C $~E Tlff~= ~a/~I T/-~e5~/r ~ n 77 (Indicate street address lot & block number legal descnpt~on where appropnate) c „~ Q 1'117 Parcel ID # RE UIRED o = ~ m REPRESENTATIVE: ~/~/ GL~ ° rr o Name: ' / ~ Address: Z~b ~ /7GI~/~ ~7s~ G6 ~~i!~~ Phone #: ZS~-G rr1~ PROJECT: Name: ~~7~~ ~ ~~~~ ~yJ~~1'l.//.5~~ /ct-Y7 Address: Phone #: `~f"f`"~U //~ TYPE OF APPLICATION: (please check all that ^ Conditional Use ^ Conceptual PUD U Conceptual Histonc lleV[. ^ Special Review ^ Final PUD (& PUD Amendment) ^ Final Historic Development ^ Design Review Appeal ^ Conceptual SPA ^ Minor Historic Devt. ^ GMQS Allotment ^ Fina] SPA (& SPA Amendment) ^ Historic Demolition ^ GMQS Exemption ^ Subdivision ^ Historic Designation ^ ESA - 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Small Lodge Conversion/ Mazgin, Hallam Lake Bluff, condominiumization) Expansion ^ Mountain View Plane Lot Split ^ Temporary Use [~ Other: ^ Text/Ma Amendment ~/~rE~ /1°it'yyTS ~%~r~i~/~.7/~~ I~ Lot Line Adjustment of Hav you attached the following? ~~ Dom' $ [] P -Application Conference Summary attachment #1, Signed Fee Agreement ^ Response to Attachment #3, Dimensional Requirements Fonn O'Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standazds !'1 ''* EXHIBIT Yv,,.I~ 3 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT A¢reement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and ~~~ ~~/7 ~a~~ GG C $ (hereinafter APPLICANT) AGREE AS FOLLOWS: ~~ n ~ c -' C'7 1. APPLIC NT has submitte t C Y a licati n rn zo (hereinafter, THE PROJECT). Z ~ 0 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structwe 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, natwe or scope of the proposed project, it is not possible at this tune to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they aze necessary as costs aze incurred. CITY agrees it will be benefited through the Beater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings aze 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 et~~??nnination of applicat on completeness, APPLICANT shall pay an initial deposit in the amount of $~~7~which is for ~ hows of Community Development staff time, and if actual recor edd costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimbwse the CITY for the processing of the application mentioned above, including post approval review at a rate of $220.00 per planner how over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT fiuther agrees that failwe to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN Chris Bendon Community Development Director gasupportVorms~agrpayas.doc 11/30/04 ~S Snv~i sTSr~7~ 30/ ,c~'~c,/ co SJci/ Billing Address and Telephone Number: Repaired p S~-o 33G -~ Easy Peel® Labels Use Avery® Template 5160® 124 E DURANT AVENUE LLC GO WOGAN WENDY 533 W FRANCIS ASPEN, CO 81611 ALYEMENI MOHAMMED & ALICE 3109 OAKMONT DR STATESVILLE,NC 28625 ASPEN SKIING COMPANY LLC PO BOX 1248 ASPEN, CO 81612 BERHORSTJERRY BERHORST CAROLE 7161 LINDENMERE DR BLOOMFIELD HILLS, MI 48301 BLACKWELL CLARENCE A & ANNE H PO BOX 3180 ANNAPOLIS, MD 21403 BRIGHT GALEN 205 E DURANT AVE p3D ASPEN, CO 81611 BRUMDER PHILIP G & ASMUTH ANTHONY QUARLES & BRADY GO 411 E WISCONSIN AVE STE 2500 MILWAUKEE, WI 53202 • ~ Bend along fine to ~ j FeedPaper ~ expose Pop•Up EdgeTM ~ 205 EAST DURANT 1 B LLC 603 S GARMISCHMS CH LLP 205 E DURANT 1 B ASPEN, CO 81611 ASPEN, CO 81611 CAIN DOUGLAS M CAIN CONSTANCE MOFFIT TRUSTEES 1960 HUDSON ST DENVER, CO 80220 CHAPIN ANZLE TRUST 1887 STILLWATER ST ST PAUL, MN 55110-8507 ASPEN KABINN LLC APRIL FAMILY TRUST GO NIKE COMMININA KAMINER 3501 S 154TH ST 75 BROAD ST RM 500 WICHITA, KS 67232-9426 NEW YORK, NY 10004-2415 BARGEE MARY K LIV TRUST BASMA AKRAM & NADA 625 SKYLINE DR 6318 23RD ST NW CODY, WY 82414 BOCA RATON, FL 33434 BIEL ALEXANDER L & LEE M BILLINGSLEY FAMILY LP 381 LOVELL AVE 1206 N WALTON BLVD MILL VALLEY, CA 94941 BENTONVILLE, AR 72712 BLUE LLOYD JR BRENNAN JOHN PATRICK PLEAS ALEXA 31 TRAINORS LANDING PO BOX 1569 ASPEN, CO 81611 ~~ GRAYTON BEACH, FL 32459 k BRIGHT GALEN 407 S HUNTER ST #3 ASPEN, CO 81611 BROWN JAMES RJR 195 HUDSON ST #48 NEW YORK, NY 10013 BUSH STEVEN S 0046 HEATHER LN ASPEN, CO 81611 CALKINS GEORGE W 105 S CHEROKEE DENVER, CO 80223-1834 CHAPLIN ARLENE 8 WAYNE 54 LAGORCE CIR MIAMI BEACH, FL 33141 CABELLJOE 1765 ALA MOANA BLVD HONOLULU, HI 96815 GASPER MARY LYNN 124 E DURANT #4 ASPEN,CO 81611 CHIATE PROPERTIES LLC 20628ROCKCROFTDR MALIBU, CA 90265-5342 CHILES DWIGHT CHRISTENSEN CINDY CHU FAMILY TRUST 113 JUAN ST 109 JUAN ST 38 CORMORANT CIR ASPEN. CO 81611 ASPEN, CO 81611 NEW PORT BEACH, CA 92660 Easy Peel® Labels Use Avery® Template 5160® ~ • ~ t/"'~Paper Bend along line to expose Pop-Up EdgeTM ~ j ~ ~ ", ~ /~yErj~/® 5160® ~ ~ 1 CITY OF ASPEN COPE SHADOW MOUNTAIN LP CROW MARGERY K 8 PETER D ATTN FINANCE DEPT q19 WINNEBAGO DR 46103 HIGHWAY 6 8 24 130 S GALENA ST JANESVILLE, WI 53545 GLENWOOD SPRINGS, CO 81601 ASPEN, CO 81611 CYS RICHARD L AND KAREN L CZAJKOWSKI MICHAEL DANCING BEAR LAND LLC 5301 CHAMBERLIN AVE CZAJKOWSKI SANDRA J p0 BOX 571 CHEVY CHASE, MD 20815 90 LA SALLE ST APT 16G ASPEN, CO 81612 NEW YORK, NY 10027 DAVIS CAROL L DAYBREAK ASPEN LLC DOLINSEK JOHN 7838 HILLMONT ST 22 PERKINS RD 619 S MONARCH ST HOUSTON, TX 77040-6108 GREENWICH, CT 06830 ASPEN, CO 81611 DONCER ASPEN LP DUNN STEVEN G EAST JAMES COLLIER TRUSTEE 9651 W 196TH ST 107 JUAN ST 5800 R ST MOKENA, IL 60448 ASPEN, CO 81611 LITTLE ROCK, AR 72207 ELDER TRUST ELLIS JAMES BYRON ELLIS PAUL DAVID ELDER JERRY TRUSTEE 17 1/2 FLEET ST 100 E DEAN ST #2F PO BOX 308 MARINA DEL REY, CA 90292 ASPEN, CO 81611 LA JOLLA, CA 92038-0308 ETKIN DOUGLAS M & JUDITH G EVANS DAVID COURTNEY FALL CREEK CONSTRUCTION LLC 701 S MONARCH ST #2 PO BOX 952 PO BOX 10420 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 FARR BRUCE K & GAIL H FAULKNER JOHN L FELDMAN SELMA PO BOX 4844 2433 ROCKINGHAM ST 300 S POINTE DR APT 2403 ANNAPOLIS, MD 21403 ARLINGTON, VA 22207 MIAMI BEACH, FL 33139-7329 FLETCHER JAY R FREIRICH MARK A FRIEDKIN TfiOMAS H & SUSAN J PO BOX 3476 PO BOX 774056 PO BOX 1116 ASPEN, CO 81612 STEAMBOAT SPRINGS, CO 80477 RANCHO SANTA FE, CA 95067 GARMISCH LLC GILBERT DONALD C 2004 TRUST GILLESPIE JOHN E REV TRUST C/O MIE PROPERTIES 67 TURTLE BACK RD S 775 GULFSIIORE DR #4219 2560 LORD BALTIMORE DR NEW CANAAN, CT 06840 DESTIN, FL 32541 WINDSOR MILL, MD 21244 GINSBURG ANNE C 8 ROBERT B GLICKMAN EDW IN C GOLDSMITI~ ADAM D 7933 YORKSHIRE CT 2322 LAZY O RD SMITH RONA K BOCA RATON, FL 33496-1323 SNOW MASS, CO 81654 PO BOX 9069 ASPEN, CO 81612 @tiquettes faciles a peter _ ; ~_~ ,,_ Repliez 5 la hachure afin de ; www.averycom !""` • ~ Bend abng One to ~ ~ AVERY® 5160® 1 Easy Peel® Labels ~ Feed Pa er expose Pop-Up EdgeT° ~~ Use Avery®Template 5160® P GREGORY NEIL MARTIN 8 LYNETTE GREINER JERRY M & TERESA U GROOS NICHOLAS D 1801 PITIWATER RD 330 BICKLEY RD 210 N INDUSTRIAL PARK RD MONA VALE NSW 2103 GLENSIDE, PA 19038 HASTINGS, MI 49058 AUSTRALIA, HANG TEN ADVENTURE HARRIS NORMAN LINDSAY JR HARVEY JEFFREY 8 NANCY 2305 CANYON BLVD #200 100 E DEAN ST UNIT 1E 711 S DEARBORN ST -#507 BOULDER, CO 80302 ASPEN, CO 81611 CHICAGO, IL 60605 HATCHER HUGH S HEIM WILLIAM D HENRY WAYNE SCOTT 205 E DURANT AVE APT 2E 124 E DURANT AVE APT 1 PO BOX 2383 ASPEN, CO 81611 ASPEN, CO 81611-1769 GRAPEVINE, TX 76099 HILL EUGENE D III 8 JOAN L TRUST HINES TOM & CAROLYN HOLLY TREE INVESTMENTS LLC 3310 KINGSLEY CT 21 TRAINORS LNDG 4823 HOLLY TREE DR PEBBLE BEACH, CA 93953 ASPEN, CO 81611-1652 DALLAS, TX 75287 HORTON KAREN JANE TRUST HOTEL DURANT IAVARONE GIANFRANCO & RITA 588 S PONTIAC WAY 122 E DURANT 341 ORIENTA AV DENVER, CO 80224 ASPEN, CO 81611 MAMARONECK, NY 10543 KAHN LIBA IMHOF FAMILY TRUST IMREM SUE GORDON TRUSTEE PO BOX 11137 2409 GREEN ST 219 E LAKE SHORE DR #5D ASPEN, CO 81612-9627 SAN FRANCISCO, CA 94123 CHICAGO, IL 60611 J&E HANSEN LLC JAMES FAMILY TRUST JOHNSON KERRI & DEREK C/O EDWARD HANSEN 1 CASTLEWOOD CT 117 JUAN ST #1 255 SEASPRAY AVE NASHVILLE, TN 37215-4617 ASPEN, CO 81611 PALM BEACH, FL 33480 JOHNSTON MARGARET S 9.87°~ JUAN STREET HOA KABERT INDUSTRIES INC 30 DEXTER ST 119 JUAN ST PO BOX 6270 DENVER, CO 80220 ASPEN, CO 81611 VILLA PARK, IL 60181 KAPLAN BARBARA KAUFMAN STEVEN KINGSBURY FAMILY TRUST 3076 EDGEWOOD RD 0554 ESCALANTE PO BOX 198 PEPPER PIKE, OH 44124 CARBONDALE, CO 81623 HOLDERNESS, NH 03245 KLINDWORTH J TODD & HEATHER KOSTER DEREK N KUHLMAN JEFFREY W 8 CART D PO BOX 25318 100 E DEAN ST #2E 48 TRAINORS LANDING RD ST CROIX, VI 00824 ASPEN, CO 81611 ASPEN, CO 81611 -! • RepOe251ahadmtea£ntle' W~~~ COM ~ .. _~__:_ :r__ z sus. _ i - -- ry---, ' Easy Peel® Labels Use Avery®Template 5160® KULLGREN NANCY A 205 E DURANT AVE UNIT 2-C ASPEN, CO 81611 LEONARD-PECK SHEILA KATHRYN RR 1 PO BOX 375-P VINEYARD HAVEN, MA 02568 LIBMAN KENNETH J 800 S MONARCH ST #2 ASPEN, CO 81611 IOCHHEAD RAYMOND R & EMILIE M 200 SHERWOOD RD PASO ROBLES, CA 93446 MACDONALD KENNETH HUGH REV TRUST 44 W HANNUM SAGINAW, MI 48602 1 ~ 111111111111111111 ' 1rMPaper ~ <a.•` Bend along line to expose Pop-Up EdgeTM j LACY ROANE M JR PO BOX 367 WACO, TX 76703-0367 LEVY HELEN JOAN TRUST 421 WARWICK RD KENILWORTH, IL 60043-1145 LIFT ONE CONDOMINIUM ASSOC 131 E DURANT AVE ASPEN, CO 81611 LU NANCY CHAD TRUST 38 CORMORANT CIR NEWPORT BEACH, CA 92660 MACGREGOR ROBERT DUNCAN 710 E DURANT AVE STEW 6 ASPEN, CO 81611-2070 ,.,~ ~ AVERY®5160® LARKIN THOMAS J & MARYANN K 1 SHELDRAKE LN PALM BEACH GARDENS, FL 33418-6820 LEVY HYMAN & GAIL PO BOX 1365 BOCA RATON, FL 33429-1365 LIFT ONE LLC 72.40% 24 LINDENWOOD LN LITTLETON, CO 80127 LUNDHOLM KERSTIN M 115 JUAN ST ASPEN, CO 81611 MACHUCA EDGAR F 11 TRAINORS LANDING ASPEN, CO 81611 ,~. MAGES LAW RENCE M & MARY K 84% 216 LINDEN AVE WILMETTE,IL 60091 MCCONNELL THOMAS W & KAY L 3814 OAKHILLS BLOOMFIELD HILLS, MI 48301 MENDEL M MARK MENDEL GRACE A - JT TENANTS 1620 LOCUST ST PHILADELPHIA, PA 19103 MORGAN MICHAEL L 115 JUAN ST ASPEN, CO 81611 NOBLE GUY T PO BOX 9344 ASPEN, CO 81612 MANDICH ROBERT M 100 DEAN ST #3F ASPEN, CO 81611 MCKENZIE BART B & PAIGE PARAVANO 4840 30TH ST NORTH ARLINGTON, VA 22207-2716 MONIGLE ETHEL M 803 S GARFIELD ST DENVER, CO 80209 MULKEY DAVID A DR TRUSTEE 2860 AUGUSTA DR LAS VEGAS, NV 89109 NOREN LARA L & STEPHEN C 11211 FONTHILL DR INDIANAPOLIS, IN 46236-8630 MARK KENNETH A 200 PANTIGO RD EAST HAMPTON, NY 11937 MCNAMARA CHRISTIANE J TRST PO BOX 1053 ASPEN, CO 81612 MOORE JOHN W 50% 10426 WHITEBRIDGE LN ST LOUIS, MO 63141 MURRAY DENIS PO BOX 3770 ASPEN. CO 81612 NORTH LAUDERDALE PETROLEUM LLC 6318 23RD ST NW BOCA RATON, FL 33434 Etiquette5 faciles ~ paler „_ ~ ~_ Rep0ez 31a hadmre afin de ! vvvvw averwcom ! . ~"'~ • ~ Bend along line to ''~~`+ o A~~®5160® i Easy Peel® Labels ~ Fecd Paper ~~ eXP~e Pop-Up EdgeTM Use Avery® Template 5160® OLSON PAUL S 8 DIANE C PO BOX 2936 BRECKENRIDGE, CO 80424 PASCO PROP LLC SMITH PATRICK A 360 SOUTHFIELD RD BIRMINGHAM, MI 48009 PINES LODGE DEVELOPMENT LLC 2353 IRVINE AVE NEWPORT BEACH, CA 92660 ROARING FORK PROPERTIES C/O HOWARD A WILL JR N 9242 SOUTH SHORE DR EAST TROY, W 155120 ROSE JON E ROSE RITA L 303 MAGNOLIA LAKE DR LONGWOOD, FL 32779 ONEAL PROPERTIES LLC 8100 E CAMELBACK RD #31 SCOTTSDALE, AZ 85251-2773 PIECE-0F THE PIE LLC PO BOX 2492 ASPEN, CO 81611 ONEILL ROGER PO BOX 711 LAKE GENEVA, WI 53147-3579 PINES LODGE CONDO ASSOC 152 E DURANT AVE ASPEN, CO 81611 ROARING FORK MTN LODGE ASPEN LLC RINGSBY GRAY TWO CREEKS BLDG PO BOX 1292 PO BOX 6237 HAIKU, HI 96708 SNOWMASS VILLAGE, CO 81615 ROBERT FAMILY TRUST 771 FERST DR ATLANTA, GA 30332-0245 ROBLES ENRIQUE ALVAREZ ALVAREZ CRISTINA MONTES URALES 350 LOMAS CHAPULTEPEC MEXICO DF MEXICO, 11000 RUDERMAN ERIC P 8 MIMI E 1536 OGDEN ST DENVER, CO 80218-1406 RYAN ELIZABETH H 419 WINNEBAGO DR JANESVILLE, WI 53545 4• S C JOHNSON AND SON INC TAX DEPT 412 1525 HOWE ST RACINE,WI 53403 SCHAYER CHARLES M III 2601 S QUEBEC #17 DENVER, CO 80231 SEMRAU TIMOTHY 8 HEIDI ROBBIN 58 TRAINORS LANDING RD" ASPEN, CO 81611 SHADOW MTN AERIE PTNRSHP LLP 21 BRIARCLIFF RD LARCHMONT, NY 10538 SCHAINUCK LEW IS I & MICHELLE T 2900 OCEAN BLVD CORONA DE MAR, CA 92625 SCHERER ROBERT P TRUST 239 GILBERT ST ASPEN, CO 81611 SEVERY CHARLES LAMB 9.67% 30 DEXTER ST DENVER, CO 80220 SHEFFER DOUGLAS & BARBARA PO BOX 2763 BASALT, CO 81621 SCHAPIRO MARC & PATRICIA 1685 TAMARAC DR GOLDEN, CO 80401 SCHUMACHER JUDY M 0115 GLEN EAGLES DR ASPEN, CO 81611 SEVERY FAMILY TRUST 70.39% 1077 RACE ST APT 1004 DENVER, CO 80206-2829 SHENK ROBERT D 0326 HWY 133, STE 120 CARBONDALE, CO 81623 SILVER SHADOW AKA 651 MONARCH SILVERMAN MARC A & MARILYN L SHINE FAMILY LLC CONDO ASSOC 937 DALE RD 8677 LOGO 7 COURT 651 MONARCH MEADOWBROOK, PA 19046 INDIANAPOLIS, IN 46219-1430 ASPEN, CO 81611 www.averycotn r Easy Peel® Labels ~ • ~ Bend along line to ~ ~ A~m(® 5160® ~ Use Avery® Template 5160® j NKpaper expose Pop-Up EdgeTM j "~ 1 v.~ SIMON HERBERT REV TRUST SKY BLUE LLC 27.60% SLOAN SUSAN MARIE 8765 PINE RIDGE DR 5743 CORSA AVE # 101 500 S ORANGE AVE INDIANAPOLIS, IN 46260-1778 WESTLAKE VILLAGE, CA 91362 SARASOTA, FL 34236 SM-15 SEELBACH W ILLIA - C/O 45000 S WOODLAND CHAGRIN FALLS, OH 44022 SOLONDZ TAMI S PO BOX 2829 ASPEN, CO 81612 SOUTH POINT CONDO LLC 150 N MARKET WICHITA, KS 67202 SOUTH POINT CONDOMINIUM ASSOCIATION 205 E DURANT AVE #2F ASPEN, CO 81611 SPRING LANE INVESTMENTS LLC 8 OAK LAKE DR BARRINGTON, IL 60010-5914 STARK RENEE A 205 E DURANT AVE APT 1 D ASPEN, CO 816113813 STRAW BRIDGE GEORGE JR 3801 KENNETT PKE BLDG #8-100 WILMINGTON, DE 19807 TAROCH HOLDINGS LTD 315 E HYMAN AVE #305 ASPEN, CO 81611-2909 TELEMARK ASPEN LLC 55 SECOND ST COLORADO SPRINGS, CO 80906 TOWNE PLACE OF ASPEN CONDO ASSOCINC C/O ASPEN LODGING COMPANY 747 S GALENA ST ASPEN, CO 81611 UHLFELDER FAMILY INVESTMENTS RLLP 210 AABC STE AA ASPEN, CO 81611 SOUTHPOINT-SUMNER CORP 3940 7TH AVE #212 SAN DIEGO, CA 92103 STANTONJAMES C/O WORLD-WIDE HOLDINGS CORP 950 THIRD AVE 18TH FL NEW YORK, NY 10022 STEINER DONALD R BULKHEAD GRAND 3338 PEACHTREE RD #3307 ATLANTA, GA 30326 STUART FAMILY TRUST 1 CASTLEWOOD CT NASHVILLE, TN 37215-4617 TAYLOR ELAINE D W301 N9430 COUNTY TRUNK E HARTLAND, WI 53029 THREE REEDS LLC 2224 VIA SEVILLE RD NW ALBUQUERQUE, NM 87104-3096 TUCKER TIMOTHY H 8 PATRICIA A 809 S ASPEN ST ASPEN, CO 81611 VANDER WALL DEAN ROBERT 8 BEVERLY) PO BOX 189 LONE PINE, CA 93545 SPAULDING RICHARD W & THOMPSON ELEANOR M 200 WHEELER RD 2FL BURLINGTON, MA 01803 STAPLETON DAVID W 206 E DEAN ST #2A ASPEN, CO 81611 STONE FAMILY TRUST 1 THROCKMORTON LN MILL VALLEY. CA 94941 SZYMANSKI WILLIAM R & LYNNE E 131 E DURANT AV #409 ASPEN, CO 81611 TELEMARK APARTMENT 2 LLC C/O ANDREW HILL 20351 NE 61ST CT REDMOND, WA 98053 TOLLEFSON JON S & JOANN M 38 TRAINORS LANDING ASPEN, CO 81611 TYDEN FAMILY FARMS PTNP 1730 IROQUOIS TR HASTINGS, MI 49058 VANTONGEREN HAROLD V & LIDIA M 2000E 12TH AVE BOX 8 DENVER, CO 80206 Etiquettes faciles ~ paler _ ; ~_~ ~_ Repliez 3 la harhare afin de ; www.averycom ___ ® ~ ~ ~ Bend aMng line to "* ~ A~RY® 5160® i Easy Peel Labels Faad PaPe~ ~. expose Pop-Up Edge"' ~ ~ 1 Use Avery® Template 5160® WHITE JALEH WOLF FAMILY TRUST 12/23/1986 WOODING MERRITT B THICKMAN DAVID 1221 MYRTLE AVE PO BOX 339 152 E DURANT AVE SAN DIEGO, CA 92103 HOPE, NJ 07844 ASPEN, CO 81611-1737 WOW LIFT ONE LLC WRIGHT LISA WOODSON TATJANA REV TRUST C/p WARSTLER ROBERT T pp gOX 3770 PO BOX 1845 3225 ELK CANYON CIR ASPEN, CO 81612 WILSON, WY 83014 SEDALIA, CO 80135-8573 WUGALTER JOEL 131 E DURANT AVE #209 ASPEN, CO 81611 >• www.averycom ORDINANCE N0.32 (SERIES OF 2003) rq EXHIBIT 7 AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE SOUTH ASPEN STREET SUBDIVISION/PUD AND FINAL PLANNED UNIT DEVELOPMENT PLAN INCLUDING SUBDIVISION, GROW'CH MANAGEMENT QUOTA SYSTEM (GMQS) EYEMPTION5 FOR AFFORDABLE HOUSING AND RECONSTRUCTION OF A DEMOhI511CD MUI; I'I-I+'AMII,Y BUILDING, RELONINC'1'O 1./'1'11; WI'1'll A 1'UD OVI?.RI,AY, ANU A SPECLII. REVIEW'1'O ES'1'ABLI511'I'lll+, AFFORIIABLIC IIOU5INC PARKING REQU112EMEN?'S FOR"1'l1E I'ROI'ER'CY. 'fO BE DESCR113Ell A5 PARCELS 1, 2, AND 3, OF 'CIiE SOUTIl ASPEN S'l'REET SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-131 -001 (Parcel 1) Parcel No. 2735- 1-14-003 (Parcel 2) ~'~ Parcel No. 27 131-23-001 (Parcel 3) WHEREAS, the Community Development Department received an application from Aspen Land Fund II, LLC, owner, represented by Vann Associates, LLC, requesting approval of a Final Planned Unit Development Plan including" requests for Subdivision, Growth Management Quota System (GMQS) Exemptions for Affordable Housing and reconstruction of a demolished multi-family building, Rezoning to L[TR, and Special Review to establish the off-street pazking requirements for the property described as, Parcel l: Block 6 of the Eames Addition to the City and Townsite of Aspen, Parcel 2: Lots 7-12, Block 11, Eames Addition to the City and Townsite of Aspen, Parcel 3: Lots 13-20, Block 11, Eames Addition to the City and Townsite of Aspen; and, R'HEREAS, the development property consists of three (3) parcels zoned L/TR and R-15 with a Lodge and PUD Overlay; and, WHEREAS, pursuant to Land Use Code Section 26.310, Map and Text Amendments; Section 26.445, Planned Unit Development; Section 26.470, Growth Management Quota System; Section 26.480, Subdivision; the City Council may approve, approve with conditions, or deny the land use requests made by the Applicant dluing a duly noticed public hearing after taking and considering comments. from the general public, and recommendations from the Planning and Zoning Commission, Community Development Director, and relevant referral agencies; and, R'HEREAS, the Community Development Director has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein and recommended approval with conditions; and, WIiEREAS, during a duly noticed public hearing on June 3, 2003, the Planning and Zoning Commission approved Resolution No. 14, Series of 2003 by a three to zero (3-0) vote, recommending that City Council approve the proposal with conditions; and, . WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed atld considered the recommendation of the Planning acrd Zoning Commission, the Community Development Director, the Aspen/Pitkin County llnusing Authority, the oppliuiblo ral'urd agcnciuv, and has lakui and ulnsidcrod public unnrncnt :d a public huoring;end, Wf1EREA5, the Cily Council finds that the devclupmcnt proposal meets or exceals all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfaze. NOR', THEREFORE, BE TT ORDAINED BY THE CITY COUNCIL OF THE CTi'Y OF ASPEN, COLORADO THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby rezones Parcel 2, and a portion of Parcel 3, of the South Aspen Street Subdivision/PUD, City and Townsite of Aspen, to LlTR (L,odge/Tourist Residential) and rezoned Parcels 1, 2, and 3 of the South Aspen Street Subdivision/PUD with a Planned Unit Development (PUD) overlay. Section 2 Pursuant to the procedures and standazds set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves the South Aspen Street Final PUD Plan, which includes application for Final PUD, Subdivision, Growth Management Quota System Exemptions (GMQS) for Affordable Housing and for the reconstruction of the multi-family building to be demolished (Mine Dump Apartments), and for Special Review to establish the o$ street parking requirements for the development of fourteen (14) free market town homes and seventeen (1'1) affordable housing units subject to the following conditions: 1. A Subdivision/PUD Agreement shall be recorded at the Pitkin County Clerk and Recorder's Office within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Land Use Code Section 26.445.070(C). 2. A Final PUD Plan and Subdivision Plat shall be recorded at the Pitkin County Clerk and Recorder's Office within 180 days of the final approval granted by City Council and shall include: a. A final plat meeting the requirements of the Community Development Engineer and showing easements, encroachment agreements and licenses with reception numbers For physical improvcmcnls, and Ilte location of utility pedestals. b. An iiluslrutive situ plan ul'Ihe prgjucl showing lbc proposal improvements, landscaping (including all pl:utlings, species, numbers, and locations), parking, and tltc dimensional reyuirements as approved. c. A drawin r resenting the project's architectural chazacter. d. revised drainage plan and re rt, including an erosion control plan, shall be a Colorado licensed Civil Engineer, in w c wells will only be allowed to handle runoff from foundation drains, parking gar2ge ramps, and roof drains. All other runoff shall be drrected towards the City's storm water system. e. revised infrastructure plan indicating that all road provements shall b ed: The plan shall also indicate that there a no super-elevated curves permitted. Juan Street and South Cmrmisch Street (to the extent of Pazcel 1's street frontage) shat] be widened to 27 feet as measured from the outer edges of the curbs. The min;mrnn slope of Juan Street shall be .75%. 3. The following dimensional requirements of the PUD aze approved and shall be printed on the Final Illustrative Plan: Dimensional Re uirement Proposed Development Minimum Lot Size 6,000 sf. Lot Area Per Dwelling Unit 1,100 sf. per bedroom (81 bedrooms on 89,127 sf. of lot area that applies to density calculations) Minimum Lot Width 60 feet Front Yard Setback 10 ft. er azcel Side Yard Setback 5 ft. er areel Reaz Yard Setback 10 ft. er azcel Maximum Hei t 28 feet exc t where deed restricted Percent of en S ace 27% (cumulative over a113 azcels ~HIU~IdI~p~Y1Nl :~a Allowable External g~ .83:1 (73,381 sf. cumulative over all three arcels A13 Off-Street Pazking 30 Parking Spaces (2 spaces for each dwelling unit of 2 or more bedrooms, and 1 space for each one bedroom and studio unit)(cumulative over all three arcels) Free Market Off-Street 28 Forking Spaces (2 spaces Fa• each dwelling Parking unit of 2 ur more bedrooms, and I space for ' etch unc6cdrnum and studio nuit)(cumulativc __. ___ _.overalllhroe r~•arcels) -_ -_-_ 4. The building permit application shall include the lollowing: a. A copy of the Final recorded Ordinance. b. The conditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A tree removal permit as requiFed by the City Pazks Department and any approval firm the Pazks Department Director for off- site replacement or mitigation of any removed trees. e. A detailed ventilation plan of the pazking garage ventilation system prepazed by an engineer that specializes in the design of ventilation and heating systems. f. A fugitive dust control plan which includes proposed construction fencing, watering of haul roads and disturbed azeas, daily cleaning of adjacent paved mods, construction speed limits, and other measures necessary to prevent windblown dust from crossing the property line. A letter from the primary contractor to the Community Development Director stating that the conditions of approval have been read and are understood. h. All tap fees, impacts fees, and buildmg permit fees shall be paid prior to building permit issuance. If an alternative agreement to delay payment of the W ater Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement i. A State of Colorado Stern Water Management (Erosion Control) Permit because the land area of the development is over an acre: j. A PM-10 mitigation plan for review and approval by the Enviromnental Health Department or a cash-in-lieu payment in the amount to be calculated by the City Environmental Health iW~R~I~RIbV~d~lk'~ ,~.~, - ~ -°,, . ,~ Director that is to be used entirely to implement PM-10 reduction methods. The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. on Monday tlrru Saturday. fi. The Applicant shall agree Ihat there will he no construction material or dumpslcis slnrul on the public rights-of-wuy wiless a temporary cncmachmcnl license is granted by the City Linginccr. In addiliuu, the Applicant shall submit a full set ol'construclion monagcmcnl plans as earl of the building pennil application, and the management plans shall include a noise, dust control, and construction 1ra16c and conshticlion parking management plan which addresses, at a minimum, the following issues: a. Defining the construction debris hauling routes and associated impacts on local streets; and, b. Construction pazking mitigation, except for essential trade trucks, no other personal trucks aze to be parked in the area around the site. The city encourages that site workers be shuttled in from the airport pazking area. The Applicant shall complete (prior to any of the remodel work, including removal of drywall, carpet, tile, etc.,) the Building Department's asbestos checklist, and if necessary, a person licensed by the State to do asbestos inspections must conduct an inspection. The Building Department cannot sign any building pernvts until they get this report. )f there is no asbestos, the demolition can proceed. )f asbestos is present, a licensed asbestos removal contractor must remove it in accordance with the applicable regulations. 8. The Applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed dining construction. 9. The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Deparhnent. The Applicant shall enter into a Water Service agreement. 10. The Applicants shall at their sole expense install a new eight (8) inch water line within South Gatmisch Street and Juan Street. In addition, the Applicant shall abandon the existing six (6) inch water line that exists in South Garmisch and Juan Street..The point of beginning for the main replacement on South Gamrisch Street shall be the existing valve complex (serving the Bazbee PUD) north of the intersection of Dean and Gannisch. ~~~~III~~III~~IIIIIIIIIIIII"IIII~~I~~IIIIIIIIIIIII ~~~I 48fi4opf :a ~, This is approximately 80 feet further north of the point of beginning shown op the schematic utility plan dated Tune 21, 2002. 11. The Applicant shall also schedule the abandonment of the existing water taps prior to applying for new water taps. 12. The Applicant shall comply with the Aspen Consolidated Sanitation District's ntlcs and regulations. if new sewer lines are required, then the existing service must be excavated and disconnected al the main sewer line. No clear water comtcctinns (ronl; foundation, perimeter drains) shall be allowed to drain to ACSD lines. All improvements below grade shall rcyuire dte use of a pumping station. The Applicant shall install an oil and sand separator in the parking garage that meets the Aspen Sanitation District's standazds. [n addition, the Applicant shall enter into a shared service agreement if more than one unit is served by a single service line. 13. Elevator shaft drains shall flow thru an oil and sand interceptor. 14. The Applicant shall fund proportionate costs associated with the development for the replacement, of the main sanitary sewer lines located in S. Aspen Street, Dean Street, and neaz the Post Office. 15. The Applicant shall enter into a main line extension and collection system agreement with the Aspen Consolidated Sanitation District prior to applying for building pemtits for the development. 16. In the event that snowmelt is installed, the Glycol containment azeas must be approved by the Aspen Consolidated Sanitation District prior to issuance of a Certificate of Occupancy on any of the units within the development. 17. The Applicant shall at their sole expense replace the existing substandazd sewer line located in the alley of Block 61 between S. Garmisch and First Street in First Street. I8. The Applicant shall extend the existing storm water sewers south on both S. Aspen Street and S. Gamtisch Street as far as Dean Avenue. Additionally, the Applicant shall extend the existing storm sewers to the Dean Avenue/ S. Aspen Street intersection and to the Dean Avenue% S. Gamtisch Street intersection. As required by the City Engineering Department, catch basins shall be installed at these intersections. 19. All landscaping in the public right-of--way shall meet the requirements as set forth in Municipal Code Chapter 21.20, Trees and Landscaping on Public Right-of--Way. Any landscaping in the public right-of--way shall be approved by the City Pazks Department prior to installation. The ~ i~~~~~ ~0~~~ ~I~'~, ~~~~~, ~~~ ~~~~~ ~~~~~~~ ~~~ ~~~~~ i~~~ ~~'~ 486447 .-~ ~. Applicant shall also obtain a revocable encroachment license from the City Engineering Department prior to installation of any landscaping or improvements in the public right-of--way. All plantings along the edge of the subject properties or within the public right-of--way shall be of a size and a species that will not require major maintenance (pruning, trimming due to over growth) by [he City or the developer. 10. All exterior lighting shall meet the Cily oFAspen Lighting Cude reyuircmenls set forth in band Use Codc Scclion 2G.575.1.5(l, as may he amended from limo to lime. 2 L The Applicant shall pay a proportional amount of the applicable school land dedication fees as determined by the City of Aspen Zoning Officer prior to building permit issuance on each of the units. 22. All affordable housing units to be constructed on Parcel 3 of the PUD shall obtain certificate of occupancies prior to the issuance of a certificate of occupancy on any of the free mazket units within the development. In addition, the free market units on Parcel 2 shall not be issued Certificates of Occupancy until all of the affordable housing units on Parcel 2 have received Certificates of Occupancy. The free market units on Parcel l shall also not be issued Certificates of Occupancy until the affordable housing units on Parcel 1 have received Certificates of Occupancy. 23. The Applicant shall convey an undivided fractional interest (one-ienth of one percent) in the ownership of the deed restricted employee housing units to the Aspen/Pitkin County Housing Authority for the purpose of complying with the Colorado Supreme Court Decision regarding rent control legislation. The deed of conveyance shall contain such terms and conditions that aze mutually acceptable to the City and the Applicant. To satisfy the rent control issue, the Applicant may submit an alternative option acceptable to the City Attorney. 24: The Applicant shall indemnify and hold harmless the Aspen/Pitkin County Housing Authority and the City of Aspen from any claims, liability, fees or similaz charges related to ownership in the deed restricted affordable housing units. 25. The mix of affordable housing categories shall be as follows: 2-1 Bedroom Category 1 Units 2-1 Bedroom Category 2 Units 2-3 Bedroom Category 1 Units 7-3 Bedroom Category 2 Units 4-3 Bedroom Category 3 Units ~' ~ 26. The deed restrictions on the affordable housing units on a given pazcel shall be filed in conjunction with an application to condominiumize the free market units but prior to issuance of a Certificate of Occupancy on any of the units on said parcel:. The deed restrictions shall meet the following: a. The deed restrictions on the aFordable housing units shallbe defined by the rental price terms in the Aspen/Pitkin County AlTordablc lionsing Guidelines in affect at the time of Final Pl.1D approval. 27. The Applicant shall record a housing replacement agreement which sets Forth the terms and conditions by which the replacement housing will be provided prior to demolishing the Mine Dump Apartments. 28. The most recent tenants of the Mine Dump Apartments who meet the Affordable Housing Guidelines for the proposed units shall be granted fast priority through an internal lottery at the time of the initial rental of the replacement affordable housing units. 29. The Applicant shall erect signage and install pavement mazldng on Juan Street that prohibits on-street parking. 30. The Applicant or their successors or assigns shall maintain the common driveway between Pazcels 2 and 3. . 31. The Applicant shall install an adequate fire alarm system throughout.the development as determined by the Fire Marshal. The Applicant shall also install fire sprinkler systems and fire extinguishers that meet the requirements of the Fire Marshal. The Applicant shall meet with the Fire Marshal prior to building pezmit issuance to review alarms and sprinkler system plans. 32. Soil nails shall not be allowed within or under the public right-of--way. 33. The Applicant shall submit financial assurance in an amount and form acceptable to the City Engineer for excavation in the public right-of--way. 34. The Applicant shall provide a form of mitigation approved by the City Engineer for increased vehiculaz traffic on South Aspen Street, causing a revocation of the road's 15-yeaz pavement warranty that results from accelerated road deterioration. The Applicant shallbe proportionately reimbursed by future developments that cause a substantial increase in vehicle trips on the portion of South Aspen Street that is subject to the 1~- yeazpavement warranty. i~1~~~91~~NVNI'W :~°~ .. 35. The Applicant shall provide atwenty-five (25) foot wide improved public access way with drive-on, slanted-face curbs and a stabilized shoulder on Dean Avenue for vehicular access into Parcel 1's affordable housing units. 36. The City .Engineering Department recommends that the Applicants obtain flood insurance for the proposed units if available. 37. The Applicant shall install tree saving conslruclion fences around the drip line ol'any frees to he saved. a. The City Forester orhis/her dc~signcc must inspect this fence before any conslruclion activities commences b. No excavation, storage of materials, storage of construction equipment, construction backfill, foot or vehicular traffic shall be allowed within the fenced drip line. 38. A native vegetation protection fence shall be installed on the western property boundary of Parcels 1 and 2 between Pazcels 1 and 2 and the Barbee Family Subdivision Property. The fence shall be installed and inspected by a City of Aspen Parks Department Representative prior to construction. There shall be no storage of construction materials, back fill, tools, or construction traffic beyond this protective fence. There also shall be no excavation or disturbance of the native azea beyond this protective fence. 39. The Applicant or their successors or assigns shall maintain the Open Space on the site including the Park proposed on Pazcel 1. 40. Pet waste stations shall be installed in the Park. Section 3- This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be constued and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A public hearing on the ordinance shall be held on the 28th day of July, 2003, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. ~, , INTRODUCED, READ AND ORDERED PUBLISHED as provided bylaw, by the City Council of the City of Aspen on the 23rd day of June, 2003. ~~ Fle en Kai c e ayor Allest: /1 `~' ~~ /. Kathryn S. If h, City Clerk FINALLY, adopted, passed and approved by a vote of three to zero (3-0), this 28th day of July 2003. Helen eru ayor Attest: Kathryn S. ,City Clerk Approved as to form: r<:/~~~~ John P. Wor ester, City Attorney I IIIIIIII~IIIIIIIIIIIII~II~I IIIIIIIII iill'~I 0486400oa11049a I I~Ill~llllvts Pincu+ coudrv c~ R EXHIBIT RESOLUTION NO. (Series of 2009) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE N0.32, SERIES OF 2003, FOR THE SOUTH ASPEN STREET SUBDIVISION/PUD APPROVAL, BEING A PARCEL OF LAND DESCRIBED AS PARCELS 1, 2, AND 3, OF THE SOUTH ASPEN STREET SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PITHIN COUNTY, COLORADO. WHEREAS, fhe Community Development Department received an application from Aspea Land Fund,II, LLC, represented by Sunny Vann, of Vann and Associates, requesting approval of an 18-month extension of the vested rights granted for the South Aspen Street Subdivision/ PUD pursuant to Ordinance No. 32, Series of 2003; and, WHEREAS, City Council adopted Ordinance No. 32, Series of 2003, which approved a subdivision/PUD and awarded Vested Property Rights status for the development of fourteen (14) free-market residential units and seventeen (17) affordable housing units until July 28, 2006; and, WHEREAS, the statutory vested rights for the project were subsequently extended via the adoption of City Council Resolution No. 9, Series of 2008, to July 28, 2009; and, WHEREAS, the subject property is described as Lots 1, 2, and 3, of the South Aspen Street Subdivision/Planned Unit Development as described on the subdivision plat thereof recorded as reception number 537080 in Book 83, Page 50, with the Pitkin County Clerk and Recorder, and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may adopt a resolution granting an extension of vested rights after a duly noticed public hearing; and, WHEREAS, the Community Development Duector has reviewed the application and has recommended approval of the extension of vested rights for the South Aspen Street Subdivision/ PUD; and, WHEREAS, the Aspen City Council has reviewed and considered the requested . extension of vested rights for the South Aspen Street Subdivision/ PUD under the applicable provisions of the Municipal Code as. identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment aY a public hearing; and, WHEREAS, the City Council finds that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of City Council Resolution No.~, Series of 2009. Page 1 s • vested rights proposal, 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 welfare. NOW, THEREFORE., BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORAI)D, THAT: Section 1: The Aspen City Council does hereby extends to January 28, 2011, the statutory vested rights as approved by Ordinance No. 32, Series of 2003 for parcels 1, 2, and 3, of the South Aspen Street Subdivision/PUD, City and Townsite of Aspen for the South Aspen Street Subdivision/PUD with the following condition: That the statutory vested property right shall not preclude the applications or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes, and all adopted impact fees. The developer shall abide by any and all such'buildiag, fire, plumbing, electrical and mechanical codes, and impact fees that are in effect at the time bf building permit, unless an exemption therefrom is granted in writing. Section 2• Due to the Applicant's voluntary participation in the COWOP process, and its suspension to date of the building permit process, the Applicant, in its discretion, may reactivate its building permit application at any time prior to January 28, 2011. Section 3: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation. presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. - a 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 ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. 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. City Council Resolution No.~, Series of 2009. Page 2 Section 6• A duly noticed public hearing on this Resolution was held on the 9ei day of February, 2009, at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, resolved, adopted, Passed, and approved by a~to P> L-, vote on this ~~ day of ~ jz 2009. -. Approved as to form: John . Wor ester, City Attorney Approved as to content: Michael C. Ireland, yor Attest: Katliryn S. ,City Clerk City Council Resolution No. ~, Series of 2009. Page 3 MEMORANDUM TO: Mayor Ireland and Aspen City Council -.~,, ._ THRU: Chris Bendon, Community Development Director 1 ~'n~ RE: South Aspen Street Subdivision/PUD -Extension of Vested Rights Resolution - 96, Series 2009. HEARING DATE: November 23, 2009 SUMMARY: After the hearing on this item on November 17`h, the proposed resolution was adopted. The Applicant would like City Council to reconsider the wording of the adopted resolution. This was likely a misunderstanding between staff and the City Council. Staff believes the applicant should be allowed to redress the issue and gain clarity on Council's approval. Attached is a revised resolution containing amended language and a version with plain text. Staff drafted this revision and believes the Applicant is comfortable with the revised language. A motion to reconsider can be offered by a Council member of the prevailing side and can be seconded by any Council member. The motion was adopted by a 4-0 vote. If the reconsideration vote is positive, the item and heazing are reactivated and the item will need to be calendazed. The heazing can be at the same meeting or at a future meeting. The Applicant will request the heazing be held on Monday night's meeting. ATTACHMENTS: Proposed Resolution No. 96, with strike/add text Proposed Resolution No. 96, with plain text RESOLUTION N0.96 (Series of 2009) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE N0.32, SERIES OF 2003, FOR THE SOUTH ASPEN STREET SUBDIVISION/PUD APPROVAL, BEING A PARCEL OF LAND DESCRIBED AS PARCELS 1, 2, AND 3, OF THE SOUTH ASPEN STREET SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PITHIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from Aspen Land Fund II, LLC, represented by Sunny Vann, of Vann and Associates, requesting approval of a five-yeaz extension of the vested rights granted for the South Aspen Street Subdivision/ PUD pursuant to Ordinance No. 32, Series of 2003; and, WHEREAS, City Council adopted Ordinance No. 32, Series of 2003, which approved a subdivision/PUD and awazded Vested Property Rights status for the development of fourteen (14) free-mazket residential units and seventeen (17) affordable housing units until July 28, 2006; and, WHEREAS, the statutory vested rights for the project were subsequently extended via the adoption of City Council Resolution No. 9, Series of 2008, to July 28, 2009, and then via resolution No. 9, Series of 2009, to January 28, 2011; and, WHEREAS, the subject property is described as Lots 1, 2, and 3, of the South Aspen Street Subdivision/Planned Unit Development as described on the subdivision plat thereof recorded as reception number 537080 in Book 83, Page 50, with the Pitkin County Clerk and Recorder; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may adopt a resolution granting an extension of vested rights after a duly noticed public hearing; and, WHEREAS, the Community Development Director has reviewed the application and has recommended approval of the extension of vested rights for the South Aspen Street Subdivision/ PUD; and, WHEREAS, the Aspen City Council has reviewed and considered the requested extension of vested rights for the South Aspen Street Subdivision/ PUD under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council fmds that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of City Council Resolution No. 96, Series of 2009. Page 1 ~• -~ ,,; vested rights proposal, 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 welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO,THAT: Section 1• The Aspen City Council does hereby extend to January 28, 2016, the statutory vested rights as approved by Ordinance No. 32, Series of 2003, for pazcels 1, 2, and 3, of the South Aspen Street Subdivision/PUD, City and Townsite of Aspen for the South Aspen Street Subdivision/PUD with the following condition: 1. This extension is for the sole purpose of enabling the continued review of the "COWOP" application for an alternate development plan on this site vis-a-vis lodging and fractional ownership uses. kt-tne-eveat~h~E^"'~^D" lan~se ^..'Pa.~--ate-c~~eferexd~-d}e-~estediigl~ts--assesiated~iE'~n--«'~,~"t~.m~es °,,.++ ° .°a .. °.,. ,° n..a:..°..,.° ~~ c°.:°.. °r ~nnz mot.°n t.° . ...,.°a .,,,a ~°~a°-°a ~••" °~a °°~a. At the time the "COWOP" land use application for a lodging/fractional ownership development on this property is either approved, not approved, or is withdrawn, including any time necessary for a public vote or referendum, the vested rights associated with the "townhomes project" approved pursuant to Ordinance 32, Series of 2003, shall remain valid for twenty-four additional months from the effective date of such action or through January 28, 2013, whichever date is later. A six-month period of inactivity shall constitute a withdrawal of the application. 2. The statutory vested property right shall not preclude the applications or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes, and all adopted impact fees. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, and impact fees that aze in effect at the time of building permit, unless an exemption therefrom is granted in writing. Section 2• Due to the Applicant's voluntary participation in the COWOP process for alodging / fractional ownership development on this site and its suspension to date of the building permit process for the townhomes project, the Applicant in its discretion may reactivate its building permit application at any time prior to the expiration date described above. Secfion 3• City Council Resolution No. 96, Series of 2009. Page 2 ~' All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, 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 ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. 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. Section 6: A duly noticed public hearing on this Resolution was held on the 9s' day of November, 2009, at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, resolved, adopted, passed, and approved by a _to _ vote on this day of , 2009. Approved as to form: John P. Worcester, City Attorney Approved as to content: Michael C. Ireland, Mayor Attest: Kathryn S. Koch, City Clerk City Council Resolution No. 96, Series of 2009. Page 3 / ~~,~ ~ RESOLUTION N0.96 (Series of 2009) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE N0.32, SERIES OF 2003, FOR THE SOUTH ASPEN STREET SUBDIVISION/PUD APPROVAL, BEING A PARCEL OF LAND DESCRIBED AS PARCELS 1, 2, AND 3, OF THE SOUTH ASPEN STREET SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PITHIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from Aspen Land Fund II, LLC, represented by Sunny Vann, of Vann and Associates, requesting approval of a five-yeaz extension of the vested rights granted for the South Aspen Street Subdivision/ PUD pursuant to Ordinance No. 32, Series of 2003; and, WHEREAS, City Council adopted Ordinance No. 32, Series of 2003, which approved asubdivision/PUD and awazded Vested Property Rights status for the development of fourteen (14) free-market residential units and seventeen (17) affordable housing units until July 28, 2006; and, WHEREAS, the statutory vested rights for the project were subsequently extended via the adoption of City Council Resolution No. 9, Series of 2008, to July 28, 2009, and then via resolution No. 9, Series of 2009, to January 28, 201 i; and, WHEREAS, the subject property is described as Lots 1, 2, and 3, of the South Aspen Street Subdivision/Planned Unit Development as described on the subdivision plat thereof recorded as reception number 537080 in Book 83, Page 50, with the Pitkin County Clerk and Recorder; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may adopt a resolution granting an extension of vested rights after a duly noticed public hearing; and, WHEREAS, the Community Development Director has reviewed the application and has recommended approval of the extension of vested rights for the South Aspen Street Subdivision/ PUD; and, WHEREAS, the Aspen City Council has reviewed and considered the requested extension of vested rights for the South Aspen Street Subdivision/ PUD under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council fmds that the extension of vested rights proposal meets or exceeds all applicable land use standazds and that the approval of the extension of City Council Resolution No. 96, Series of 2009. Page 1 vested rights proposal, 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 welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO,THAT: Section 1: The Aspen City Council does hereby extend to January 28, 2016, the statutory vested rights as approved by Ordinance No. 32, Series of 2003, for parcels 1, 2, and 3, of the South Aspen Street Subdivision/PUD, City and Townsite of Aspen for the South Aspen Street Subdivision/PUD with the following condition: This extension is for the sole purpose of enabling the continued review of the "COWOP" application for an alternate development plan on this site vis-a-vis lodging and fractional ownership uses. At the time the "COWOP" land use application for alodging/fractional ownership development on this property is either approved, not approved, or is withdrawn, including any time necessary for a public vote or referendum, the vested rights associated with the "townhomes project" approved pursuant to Ordinance 32, Series of 2003, shall remain valid for twenty-four additional months from the effective date of such action or through January 28, 2013, whichever date is later. A six-month period of inactivity shall constitute a withdrawal of the application. 2. The statutory vested property right shall not preclude the applications or regulations which are general in nature and aze applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes, and all adopted impact fees. The developer shall abide by any and al] such building, fire, plumbing, electrical and mechanical codes, and impact fees that are in effect at the time of building permit, unless an exemption therefrom is granted in writing. Section 2: Due to the Applicant's voluntary participation in the COWOP process for alodging / fractional ownership development on this site and its suspension to date of the building permit process for the townhomes project, the Applicant in its discretion may reactivate its building permit application at any time prior to the expiration date described above. 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. City Council Resolution No. 96, Series of 2009. Page 2 .hM1 1 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 ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. 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. Section 6: A duly noticed public hearing on this Resolution was held on the 9u' day of November, 2009, at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, resolved, adopted, passed, and approved by a _to vote on this day of , 2009. Approved as to form: Approved as to content: John P. Worcester, City Attorney Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor City Council Resolution No. 96, Series of 2009. Page 3 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26:304.060 (E), ASPEN LAND USE CODE ADDRESS OF SCHEDULED-Pj1BL C HEARING DATE: ~~ v 9 /`7~a~ ~~, zoo 9' STATE OF COLORADO ) ss. County of Pitldn ) Aspen, CO 1, ~PiL(it ~~'~'~~ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of/the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing ~' and was continuously visible from the day of , 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing ofnotice. 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 she public hearing, notice was hand delivered or mailed by first,class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) 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 heazing 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 requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (1 S) days prior to the public heazing on such amendments. ~Signat The foregoing "Affidavit of Notice" was acknowled d before me this 2 ~ day of ~tr , 200, by WITNESS MY HAND AND OFFICIAL SEAL My commission expires: IA ~Q~ ~5(in.. n Notazy~'ub alit c ATTACHMENTS AS APPLICABLE: ~ >> THE PUBLICATION ;RAPH OF THE POSTED NOTICE (SIGN) THE OWNERSAND GOVERNMENTAL AGENCIESNOTICED CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE " 1sn° ~UIRED BY C.R.S. §24-65.5-103.3 Mayor, Aspen eM Connell 2562009 I4160401~ en Timea Week1Y on October I ~w ~,,. naPen lane Fans n, uc tlo Camumn Penners, LIC, 300 South Spnn9 Sheel, SuRe 301, Aspen, CO. 81611 repreaentetl by Vann nsaocietes, LLC Planning Consunams, 230 Fas^S~n CO 8 811. ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E~, ASPEN LAND USE CODE ADDRESS OF PROPERTY: ~`'~~^TS~~/J~ ,Aspen, CO SCHEDULED PUULIC HEARING DATE: ~~/7 , 200 STATE OF COLORADO ) ss. County of Pi[kin ) I, ~j~ %n~d'a~i~i*~`s (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that [have complied with the public notice requirements of Section 26.304.060 (6) of the Aspen Land Use Code in the following manner: Pnb/icarinn njnrrfiCe: By the publication in the legal notice section of an oliicial paper or a paper of general circulation in [he City of Aspen at least liftecn (I S) days prior to the public hearing. A copy ojlhe puhlication is alutchec/herein. ~Posling gjnolice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing~nd was continuously visible from thef/~da}• of ~_~~i C , 200 y to and including the date and time of the public hearing. A pltolo)maph gjJlte posted notice (sign) is annched hereto. ,l4ailing gjnotice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(6)(2) of the Aspen Land Usc Code. At least liftecn (15) days prior to the public hearing, notice was hand delivered or mailed by rrst class postage prepaid U.S. mail to any federal agency, state, county, municipal government. school, service district or other governmental orquasi-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 curcent tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy njt/m atrnerc and gavermnrntcr/ ogerrc•ies sn noticec/ is allcrchrd Irerelo. (corNimred nrr nerl pnge) /~w, ` i, Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. i~ n Signature The foregoing "Affidavit ofNotice" was acknowledged before me this~~day of /Tort r~~ , 200, by cam, WITNESS MY HAND AND OFFICIAL SEAL ;. <. >., .. i r ;- »,.r,k ,:> .`` - o ;.~ t~~ L i C ,~ ,~;.c MY COME~iSSIQhJ EXPIRES 3;`82011 ~; ~ -._ ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL ATTACHMENT? AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ~~~75~ ~Y ~`~~TAspen, CO SCHEDULED PUBLIC HEARING DATE: ~~~ , 200 STATE OF COLORADO ) ss. County of Pitkin ) I, ~Vt-ySTIR 1. ~-~t~tGl ~tAND (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that 1 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 (I 5) days prior to the public heaeing. A copy ojthe publrcution is attached hereto. Posting n,~nr,Hee: 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 vas composed of letters rot less than one inch in height. Said notice was posted at least fifteen (I S) 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 acing. A photograph ojthe posted notice (sign) is attached hereto. ,Llailing nJnotice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) ofthe Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by f rst class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental orquasi-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 tltc current tax records of Pitkin County as they appeared no more than sixty {50) days prior to the date of the public hearing. A copy r f t/tr oirnerr and governmenht! agencies sa noticed is attached hereto. (continued on next page) Rezoning or tctrt 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 oCa 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. 1-lowever, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. The foregoing "Affidavit of Notice" was acknowledged be~`ore me this 9 day of 1JoVrr+3~ , 200, by KRy s-rnL ~N 6t..A,,,~ WITNESS MY HAND AND OF~IC[AL SEAL Y =- ~ y t ~' " til ~' M commission expires: t~ b ~ ~ c.~y, ~~~~~ ~ .',C~t ` -'' N tary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL ~. PUBLIC NOTICE RE: SOUTH ASPEN STREET SUBDIVISION/PUD, REQUEST FOR EXTENSION OF VESTED RIGHTS NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, November 9, 2009, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Vann Associates, LLC representing Aspen Land Fund, LLC, owner of the subject property. The applicant is requesting an extension of their vested rights for an approved project of 14 free-market townhomes and 17 affordable housing units in accordance with Section 26.308.010 of the Municipal Code. The property is located along the west side of South Aspen Street, generally between the Shadow Mtn. Condominiums to the south and the Lift One Condos to the north. The subject property is legally described as the South Aspen Street Subdivision/Planned Unit Development Lots 1, 2, and 3, as described on the plat thereof recorded April 27, 2007 with the Pitkin County Clerk and recorder as reception number 537080 in Book 83, Page 50. For further information, contact Chris Bendon at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920.5090, chris.bendon(c~ci.aspen.co.us. All written correspondence related to the application should be sent to the above e-mail or physical address. Applicant: Aspen Land Fund II, LLC c/o Centurion Partners, LLC, 300 South Spring Street, Suite 301, Aspen, CO, 81611 represented by Vann Associates, LLC Planning Consultants, 230 East Hopkins Avenue, Aspen, CO 81611. s/ Michael C. Ireland Mayor, Aspen City Council Published in the Aspen Times on October 25, 2009 City of Aspen Account EXHIBIT Eary Peel® Labels Use Avery®Template 5160® 124 E DURANT AVENUE LLC CIO WOGAN WENDY 533 W FRANCIS ASPEN, CO 81611 ALYEMENI MOHAMMED & ALICE 3109 OAKMONT DR STATESVILLE, NC 28625 ASPEN SKIING COMPANY LLC PO BOX 1248 ASPEN, CO 81612 BERHORSTJERRY BERHORST CAROLE 7161 LINDENMERE DR BLOOMFIELD HILLS, MI 48301 BLACKWELL CLARENCE A R ANNE H PO BOX 3180 ANNAPOLIS, MD 21403 ~ ~ ~ Bend along line to i j Feed-Paper expose Pop-Up EdgeT"~ j 205 EAST DURANT 18 LLC 205 E DURANT 1 B ASPEN, CO 81611 APRIL FAMILY TRUST 3501 S 154TH ST WICHITA, KS 67232-9426 BARBEE MARY K LIV TRUST 625 SKYLINE DR CODY, WY 82414 BIEL ALEXANDER L & LEE M 381 LOVELLAVE MILL VALLEY, CA 94941 BLUE LLOYD JR PLEAS ALEXA PO BOX 1569 GRAYTON BEACH, FL 32459 603 SOUTH GARMISCH LLP 603 S GARMISCH ST ASPEN, CO 81611 ASPEN KABINN LLC C/O NIKE COMM/NINA KAMINER 75 BROAD ST RM 500 NEW YORK, NY 10004-2415 BASMA AKRAM & NADA 6318 23RD ST NW BOCA RATON, FL 33434 BILLINGSLEY FAMILY LP 1206 N WALTON BLVD BENTONVILLE, AR 72712 BRENNAN JOHN PATRICK 31 TRAINORS LANDING ASPEN, CO 81611 BRIGHT GALEN 205 E DURANT AVE #3D ASPEN, CO 81611 BRUMDER PHILIP G & ASMUTH ANTHONY QUARLES R BRADY C/O 411 E WISCONSIN AVE STE 2500 MILWAUKEE, WI 53202 CAIN DOUGLAS M CAIN CONSTANCE MOFFIT TRUSTEES 1960 HUDSON ST DENVER, CO 80220 CHAPIN ANZLE TRUST 1887 STILLWATER ST ST PAUL, MN 55110-8507 BRIGHT GALEN 407 S HUNTER ST #3 ASPEN, CO 81611 BUSH STEVEN S 0046 HEATHER LN ASPEN, CO 81611 CALKINS GEORGE W 105 S CHEROKEE DENVER, CO 80223-1834 CHAPLIN ARLENE & WAYNE 54 LAGORCE CIR MIAMI BEACH, FL 33141 BROWN JAMES R JR 195 HUDSON ST #4B NEW YORK, NY 10013 CABELLJOE 1765 ALA MOANA BLVD HONOLULU, HI 96815 GASPER MARY LYNN 124 E DURANT #4 ASPEN, CO 81611 CHIATE PROPERTIES LLC 20628 ROCKCROFT DR MALIBU, CA 90265-5342 CHILES DWIGHT CHRISTENSEN CINDY CHU FAMILY TRUST 113 JUAN. ST 109 JUAN ST 38 CORMORANT CIR ASPEN, CO 81611 ASPEN, CO 81611 NEWPORT BEACH, CA 92660 Easy Peel® Labels Use'Avery®Template 5160® CITY OF ASPEN ATTN FINANCE DEPT 130 S GALENA ST ASPEN, CO 81611 CYS RICHARD L AND KAREN L 5301 CHAMBERLIN AVE CHEVY CHASE, MD 20815 DAVIS CAROL L 7838 HILLMONT ST HOUSTON, TX 77040-6108 DONCER ASPEN LP 9651 W 196TH ST MOKENA, IL 60448 ELDER TRUST ELDER JERRY TRUSTEE PO BOX 308 LA JOLLA, CA 92038-0308 ETKIN DOUGLAS M & JUDITH G 701 S MONARCH ST #2 ASPEN, CO 81611 FARR BRUCE K & GAIL H PO BOX 4844 ANNAPOLIS, MD 21403 FLETCHER JAY R PO BOX 3476 ASPEN, CO 61612 GARMISCH LLC C/O MIE PROPERTIES 2560 LORD BALTIMORE DR WINDSOR MILL, MD 21244 GINSBURG ANNE C & ROBERT B 7933 YORKSHIRE CT BOCA RATON, FL 33496-1323 @tiquettes faciles a peter I IYilico~ la naharit AVFRV® 5160® .r^.i ~ ~ Bend along Tine to 'I ®/~~R~/0 5160® ~ ,. ~ Feed Paper expose Pop-Up EdgeTM j COPE SHADOW MOUNTAIN LP CROW MARGERY K & PETER D 419 WINNEBAGO DR 46103 HIGHWAY 6 & 24 JANESVILLE, WI 53545 GLENWOOD SPRINGS, CO 81601 CZAJKOWSKI MICHAEL DANCING BEAR LAND LLC CZAJKOWSKI SANDRA J p0 gOX 571 90 LA SALLE ST APT 16G ASPEN, CO 81612 NEW YORK, NY 10027 DAYBREAK ASPEN LLC DOLINSEK JOHN 22 PERKINS RD 619 S MONARCH ST GREENWICH, CT 06830 ASPEN, CO 81611 DUNN STEVEN G EAST JAMES COLLIER TRUSTEE 107 JUAN ST 5800 R ST ASPEN, CO 81611 LITTLE ROCK, AR 72207 ELLIS JAMES BYRON ELLIS PAUL DAVID 171/2 FLEET ST 100 E DEAN ST #2F MARINA DEL REY, CA 90292 ASPEN, CO 81611 EVANS DAVID COURTNEY FALL CREEK CONSTRUCTION LLC PO BOX 952 PO BOX 10420 ASPEN, CO 81612 ASPEN, CO 81612 FAULKNER JOHN L FELDMAN SELMA 2433 ROCKINGHAM ST 300 S POINTE DR APT 2403 ARLINGTON, VA 22207 MIAMI BEACH, FL 33139-7329 FREIRICH MARK A FRIEDKIN THOMAS H & SUSAN J PO BOX 774056 PO BOX 1116 STEAMBOAT SPRINGS, CO 80477 RANCHO S,4NTA FE, CA 95067 GILBERT DONALD C 2004 TRUST GILLESPIE JOHN E REV TRUST 67 TURTLE BACK RD S 775 GULFSIIORE DR #4219 NEW CANAAN,CT 06840 DESTIN,FL 32541 GLICKMAN EDWIN C GOLDSMITH ADAM D 2322 LAZY O RD SMITH RONA K SNOW MASS, CO 81654 PO BOX 9069 ASPEN, CO 81612 ~ Repliez it la hachuie afin de , wvvw.averycom Sens de ._-_____. reveler le re6erd Pon-IInTM 1-R00-f.(f-AVFRV Easy Peel® Labels ~i • ~ Bend along line to ~`"'~ Use Avery® Template 5160® ~- j Feed Paper expose Pop-Up EdgeT^- ~ GREGORY NEIL MARTIN & LYNETTE 1801 PITTWATER RD MONA VALE NSW 2103 AUSTRALIA, GREINER JERRY M & TERESA U 330 BICKLEY RD GLENSIDE,PA 19038 HANG TEN ADVENTURE 2305 CANYON BLVD #200 BOULDER, CO 80302 HATCHER HUGH S 205 E DURANT AVE APT 2E ASPEN, CO 81611 HILL EUGENE D III 8 JOAN L TRUST 3310 KINGSLEY CT PEBBLE BEACH, CA 93953 HORTON KAREN JANE TRUST 588 S PONTIAC WAY DENVER, CO 80224 HARRIS NORMAN LINDSAY JR 100 E DEAN ST UNIT 1 E ASPEN, CO 81611 HEIM WILLIAM D 124 E DURANT AVE APT 1 ASPEN, CO 81611-1769 HINES TOM & CAROLYN 21 TRAINORS LNDG ASPEN, CO 81611-1652 HOTELDURANT 122 E DURANT ASPEN, CO 61611 a AVERII'~ 5160® 1 GROOS NICHOLAS D 210 N INDUSTRIAL PARK RD HASTINGS, MI 49058 HARVEY JEFFREY & NANCY 711 S DEARBORN ST-#507 CHICAGO, IL 60605 HENRY WAYNE SCOTT PO BOX 2383 GRAPEVINE, TX 76099 HOLLY TREE INVESTMENTS LLC 4823 HOLLY TREE DR DALLAS, TX 75287 IAVARONE GIANFRANCO & RITA 341 ORIENTA AV MAMARONECK, NY 10543 KAHN LIBA PO BOX 11137 ASPEN, CO 81612-9627 IMHOF FAMILY TRUST 2409 GREEN ST SAN FRANCISCO, CA 94123 IMREM SUE GORDON TRUSTEE 219 E LAKE SHORE DR #5D CHICAGO, IL 60611 J8E HANSEN LLC C/O EDWARD HANSEN 255 SEASPRAY AVE PALM BEACH, FL 33480 JOHNSTON MARGARET S 9.87% 30 DEXTER ST " DENVER, CO 80220 KAPLAN BARBARA 3076 EDGEWOOD RD PEPPER PIKE, OH 44124 KLINDWORTH J TODD & HEATHER PO BOX 25318 ST CROIX, VI 00824 JAMES FAMILY TRUST ~ JOHNSON KERRI 8 DEREK 1 CASTLEWOOD CT 117 JUAN ST #1 NASHVILLE, TN 37215-4617 ASPEN, CO 81611 JUAN STREET HOA KABERT INDUSTRIES INC 119 JUAN ST PO BOX 6270 ASPEN, CO 81611 VILLA PARK, IL 60181 KAUFMAN STEVEN KINGSBURY FAMILY TRUST 0554 ESCALANTE PO BOX 198 CARBONDALE, CO 81623 HOLDERNESS, NH 03245 KOSTER DEREK N KUHLMAN JEFFREY W & CART D 100 E DEAN ST #2E 48 TRAINORS LANDING RD ASPEN, CO 81611 ASPEN, CO 81611 ~tiquettes faciles 3 peter ~ Se de Repllez 51a hachure a6n de ~ vvww.averycom Utilisez le gabarit AVERY® 5160® i charaement reveler le rebord Pop-UpT" i 1-800-GO-AVERY Easy Peel® Labels ~,.~i • ~ Bend along line to ,--.,,i ~ /~~/ERY® 5160® Use Avery®Template 5160® ,j Feed Paper expose Pop•Up Edger ~ 1 KULLGREN NANCY A 205 E DURANT AVE UNIT 2-C ASPEN, CO 81611 LACY ROANE M JR PO BOX 367 WACO, TX 76703-0367 LARKIN THOMAS J & MARYANN K 1 SHELDRAKE LN PALM BEACH GARDENS, FL 33418-6820 LEONARD-PECK SHEILA KATHRYN RR 1 PO BOX 375-P VINEYARD HAVEN, MA 02568 LIBMAN KENNETH J 800 S MONARCH ST #2 ASPEN, CO 81611 LOCHHEAD RAYMOND R & EMILIE M 200 SHERWOOD RD PASO ROBLES, CA 93446 MACDONALD KENNETH HUGH REV TRUST 44 W HANNUM SAGINAW, MI 48602 MAGES LAW RENCE M & MARY K 84% 216 LINDEN AVE WILMETTE,IL 60091 MCCONNELL THOMAS W & KAY L 3814 OAKHILLS BLOOMFIELD HILLS, MI 48301 MENDEL M MARK MENDEL GRACE A - JT TENANTS 1620 LOCUST ST PHILADELPHIA, PA 19103 MORGAN MICHAEL L 115 JUAN ST ASPEN, CO 81611 NOBLE GUY T PO BOX 9344 ASPEN, CO 81612 LEVY HELEN JOAN TRUST 421 WARWICK RD KENILWORTH, IL 60043-1145 LIFT ONE CONDOMINIUM ASSOC 131 EDURANTAVE ASPEN, CO 81611 LU NANCY CHAD TRUST 38 CORMORANT CIR NEWPORT BEACH, CA 92660 MACGREGOR ROBERT DUNCAN 710 E DURANT AVE STE W 6 ASPEN, CO 81611-2070 MANDICH ROBERT M 100 DEAN ST #3F ASPEN, CO 81611 MCKENZIE BART B & PAIGE PARAVANO 4840 30TH ST NORTH ARLINGTON, VA 22207-2716 MONIGLE ETHEL M 803 S GARFIELD ST DENVER, CO 80209 MULKEY DAVID A DR TRUSTEE 2860 AUGUSTA DR LAS VEGAS, NV 89109 NOREN LARA L & STEPHEN C 11211 FONTHILL DR INDIANAPOLIS, IN 46236-8630 LEVY HYMAN & GAIL PO BOX 1365 BOCA RATON, FL 33429-1365 LIFT ONE LLC 72.40% 24 LINDENWOOD LN LITTLETON, CO 80127 LUNDHOLM KERSTIN M 115 JUAN ST ASPEN, CO 81611 MACHUCA EDGAR F 11 TRAINORS LANDING ASPEN, CO 81611 MARK KENNETH A 200 PANTIGO RD EAST HAMPTON, NY 11937 MCNAMARA CHRISTIANE J TRST PO BOX 1053 ASPEN, CO 81612 MOORE JOHN W 50% 10426 WHITEBRIDGE LN ST LOUIS, MO 63141 MURRAY DENIS PO BOX 3770 ASPEN, CO 81612 NORTH LAUDERDALE PETROLEUM LLC 6318 23RD ST NW BOCA RATON, FL 33434 ~tiquettes fatiles a peter ; ~ Repliez 61a hachure afin de ; www.averycom Sens de I I+ilienv la aaharh CVERY® 5160® ! _~---____-. rcvcln, le .el.....1 on.~u..rn~ 1 o_nnn_r:rteu~ov Easy Peel® Labels ~ ~ ~ Bend along line to~...l ~ AVERY st6a® ~ Use Avery®Template 5160® ~ Feed Paper expose Pop-Up Edge 1 OLSON PAUL S 8 DIANE C PO BOX 2936 BRECKENRIDGE, CO 80424 ONEAL PROPERTIES LLC 8100 E CAMELBACK RD #31 SCOTTSDALE, AZ 85251-2773 ONEILL ROGER PO BOX 711 LAKE GENEVA, WI 53147-3579 PASCO PROP LLC SMITH PATRICKA 360 SOUTHFIELD RD BIRMINGHAM, MI 48009 PINES LODGE DEVELOPMENT LLC 2353 IRVINE AVE NEWPORT BEACH, CA 92660 ROARING FORK PROPERTIES C/O HOWARD A WILL JR N 9242 SOUTH SHORE DR EAST TROY, W 155120 ROSE JON E ROSE RITA L 303 MAGNOLIA LAKE DR LONGWOOD, FL 32779 PIECE OF THE PIE LLC PO BOX 2492 ASPEN, CO 81611 PINES LODGE CONDO ASSOC 152 E DURANT AVE ASPEN, CO 81611 RINGSBY GRAY ROARING FORK MTN LODGE ASPEN LLC PO BOX 1292 TWO CREEKS BLDG HAIKU, HI 96708 PO BOX 6237 SNOWMASS VILLAGE, CO 81615 ROBLES ENRIQUE ALVAREZ ROBERT FAMILY TRUST ALVAREZ CRISTINA 771 FERST DR MONTES URALES 350 ATLANTA, GA 30332-0245 LOMAS CHAPULTEPEC MEXICO DF MEXICO, 11000 RUDERMAN ERIC P & MIMI E RYAN ELIZABETH H 1536 OGDEN ST 419 WINNEBAGO DR DENVER, CO 80218-1406 JANESVILLE, WI 53545 N S C JOHNSON AND SON INC TAX DEPT 412 1525 HOW E ST RACINE, WI 53403 SCHAYER CHARLES M III 2601 S QUEBEC #17 DENVER, CO 80231 SEMRAU TIMOTHY & HEIDI ROBBIN 58 TRAINORS LANDING RD" ASPEN, CO 81611 SHADOW MTN AERIE PTNRSHP LLP 21 BRIARCLIFF RD LARCHMONT, NY 10538 SHINE FAMILY LLC 8677 LOGO 7 COURT INDIANAPOLIS, IN 46219-1430 Etiquettes faciles a peter Utilisez le gabarit AVERY® 5160® SCHAINUCK LEWIS I & MICHELLE T SCHAPIRO MARC & PATRICIA 2900 OCEAN BLVD 1685 TAMARAC DR CORONA DE MAR, CA 92625 GOLDEN, CO 80401 SCHERER ROBERT P TRUST SCHUMACHER JUDY M 239 GILBERT ST 0115 GLEN EAGLES DR ASPEN, CO 81611 ASPEN, CO 81611 SEVERY CHARLES LAMB 9.87% SEVERY FAMILY TRUST 70.39% 30 DEXTER ST 1077 RACE ST APT 1004 DENVER, CO 80220 DENVER, CO 80206-2829 SHEFFER DOUGLAS & BARBARA SHENK ROBERT D PO BOX 2763 0326 HWY 133, STE 120 BASALT, CO 81621 CARBONDALE, CO 81623 SILVER SHADOW AKA 651 MONARCH SILVERMAN MARC A & MARILYN L CONDO ASSOC 937 DALE RD 651 MONARCH MEADOWBROOK, PA 19046 ASPEN, CO 81611 ~ Repliez a la hachure afin de ~ www.averycom Sens de reveler le rebord Po U 1-800-GO-AVERY charaement P- P"~ i Eary Peel® Labels ~ ~ ~ Bend along line to • ~ ~ AVERY® 5160® i Use Avery®Template 5160® ~ Feed Paper expose Pop-Up Edger" 1 SIMON HERBERT REV TRUST 8765 PINE RIDGE DR INDIANAPOLIS, IN 46260-1778 SKY BLUE LLC 27.60% 5743 CORSA AVE # 101 WESTLAKE VILLAGE, CA 91362 SLOAN SUSAN MARIE 500 S ORANGE AVE SARASOTA, FL 34236 SM-15 SEELBACH W ILLIA - C/O 45000 S WOODLAND CHAGRIN FALLS, OH 44022 SOUTH POINT CONDOMINIUM ASSOCIATION 205 E DURANT AVE #2F ASPEN, CO 81611 SPRING LANE INVESTMENTS LLC 8 OAK LAKE DR BARRINGTON, IL 60010-5914 STARK RENEE A 205 E DURANT AVE APT 1 D ASPEN, CO 81611-3813 SOLONDZTAMIS PO BOX 2829 ASPEN, CO 81612 SOUTHPOINT-SUMNER CORP 3940 7TH AVE #212 SAN DIEGO, CA 92103 STANTONJAMES C/O WORLD-WIDE HOLDINGS CORP 950 THIRD AVE 18TH FL NEW YORK, NY 10022 STEINER DONALD R BULKHEAD GRAND 3338 PEACHTREE RD #3307 ATLANTA, GA 30326 SOUTH POINT CONDO LLC 150 N MARKET WICHITA, KS 67202 SPAULDING RICHARD W 8 THOMPSON ELEANOR M 200 WHEELER RD 2FL BURLINGTON, MA 01803 STAPLETON DAVID W 206 E DEAN ST #2A ASPEN, CO 81611 STONE FAMILY TRUST 1 THROCKMORTON LN MILL VALLEY, CA 94941 rn STRAWBRIDGE GEORGE JR 3801 KENNETT PKE BLDG #8-100 WILMINGTON, DE 19807 STUART FAMILY TRUST 1 CASTLEWOOD CT NASHVILLE, TN 37215.4617 SZYMANSKt WILLIAM R & LYNNE E 131 E DURANT AV #409 ASPEN, CO 81611 TAROCH HOLDINGS LTD 315 E HYMAN AVE #305 ASPEN, CO 81611-2909 TELEMARK ASPEN LLC 55 SECOND ST COLORADO SPRINGS, CO 80906 TOWNE PLACE OF ASPEN CONDO ASSOCINC C/0 ASPEN LODGING COMPANY 747 S GALENA ST ASPEN, CO 81611 UHLFELDER FAMILY INVESTMENTS RLLP 210 AABC STE AA ASPEN, CO 81611 TAYLOR ELAINE D W301 N9430 COUNTY TRUNK E HARTLAND, WI 53029 THREE REEDS LLC 2224 VIA SEVILLE RD NW ALBUQUERQUE, NM 87104-3096 TUCKER TIMOTHY H 8 PATRICIA A 809 S ASPEN ST ASPEN, CO 81611 VANDER WALL DEAN ROBERT & BEVERLY) PO BOX 189 LONE PINE, CA 93545 TELEMARK APARTMENT 2 LLC C/O ANDREW HILL 20351 NE 61ST CT REDMOND, WA 98053 TOLLEFSON JON S & JOANN M 38 TRAINORS LANDING ASPEN, CO 81611 TYDEN FAMILY FARMS PTNP 1730 IROQUOIS TR HASTINGS, MI 49058 VANTONGEREN HAROLD V & LIDIA M 2000E 12TH AVE BOX 8 DENVER, CO 80206 ~tiquettes faciles it peter i ~ Repliez 31a hachure afin de , www.averycom ----.. ._ -..__-.n~ ... ~.,~ ~ Sens de _°-s'--'- _`--~ „__ .,_... ~ ~ onn_r_n_nvcov ® Easy Peel Labels ~ • ~ Bendaloo hneto ~ 9 ~ AVERY®s16o® i Q Use Avery® Template 5160® j ~ Feed Paper expose Pop-Up Edge j j WHITE JALEH WOLF FAMILY TRUST 12/23/1986 WOODING MERRITT B THICKMAN DAVID 1221 MYRTLE AVE PO BOX 339 152 E DURANT AVE SAN DIEGO, CA 92103 HOPE, NJ 07844 ASPEN, CO 81611-1737 WOODSON TATJANA REV TRUST WOW LIFT ONE LLC C/O WARSTLER ROBERT T WRIGHT LISA p0 BOX 3770 PO BOX 1845 3225 ELK CANYON CIR CO 81612 ASPEN WILSON, WY 83014 SEDALIA, CO 80135-8573 , WUGALTERJOEL 131 E DURANT AVE #209 ASPEN, CO 81611 Etiquettes faciles a peter e m ~ • Repliez ~ la hachure afln de { vvww.averycom Sens de __ __ _... ~ t_Rnn_(:(1_AVFRV i -~ ~. `~~ - 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(Series of 2009) ~~ A~~ iN ~~a~ A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE N0.32, SERIES OF 2003, FOR THE SOUTH ASPEN STREET SUBDMSION/PUD APPROVAL, BEING A PARCEL OF LAND DESCRIBED AS PARCELS 1, 2, AND 3, OF THE SOUTH ASPEN STREET SUBDMSION/PUD, CITY AND TOWNSITE OF ASPEN, PITIQN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from Aspen Land Fund,II, LLC, represented by Sunny Vann, of Vann and Associates, requesting approval of an 18-month extension of the vested rights granted for the South Aspen Street Subdivision/ PUD pursuant to Ordinance No. 32, Series of 2003; and, WHEREAS, City Council adopted Ordinance No. 32, Series of 2003, which approved asubdivision/PUD and awarded Vested Property Rights status foc the development of fourteen (14) free-market residential units and seventeen (17) affordable housing units until July 28, 2006; and, WHEREAS, the statutory vested rights for the project were subsequently extended via the adoption of City Council Resolution No. 9, Series of 2008, to July 28, 2009; and, WHEREAS, the subject property is described as Lots 1, 2, and 3, of the South Aspen Street Subdivision/Planned Unit Development as described on the subdivision plat thereof recorded as reception number 537080 in Book 83, Page 50, with the Pitkin County Clerk and Recorder; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may adopt a resolution granting an extension of vested rights after a duly noticed public hearing; and, WHEREAS, the Community Development Director has reviewed the application and has recommended approval of the extension of vested rights for the South Aspen Street Subdivision/ PUD; and, WHEREAS, the Aspen City Council has reviewed and considered the requested extension of vested rights for the South Aspen Street Subdivision! PUD under the applicable provisions of the Municipal Code as, identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WIHJREAS, the City Council finds that the extension of vested rights proposal meets or eatceeds all applicable land use standards and that the approval of the extension of City Council Resolution No.~, Series of 2009. Page 1 vested rights proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council fords that this Resolution furthers and is necessary for the promotion of public health, safety, and welfaze. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, THAT: S i n The Aspen City Council does hereby extends to January 28, 2011, the statutory vested rights as approved by Ordinance No. 32, Series of 2003 for parcels 1, 2, and 3, of the South Aspen Street Subdivision/PUD, City and Townsite of Aspen for the South Aspen Street Subdivision/PUDwhhthe following condition: That the statutory vested property right shall not preclude the applications or regulations which are general in nature and aze applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes, and all adopted impact fees. The developer shall abide by any and all such' building, fire, plumbing, electrical and mechanical codes, and impact fees that aze in effect at the time of building permit, unless an exemption therefrom is granted in writing. Section 2: Due to the Applicant's voluntary participation in the COWOP process, and its suspension to date of the building permit process, the Applicant, in its discretion, may reactivate its building permit application at any time prior to January 28, 2011. Section 3: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation. presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. . _- Se 'on 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 ordinances repealed or amended as herein provided, and the same shall be conducted and wncluded under such prior ordinances. 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. City Council Resolution No.~, Series of 2009. Page 2 r Sectioa6: A duly noticed public hearing on this Resolution was held on the 90' day of February, 2009, at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, resolved, adopted, passed, and approved by a ~to ~ L-, vote on this ~~ day of,~~ 2009. Approved as to form: Approved as to content: .% Joha . Wor ester, City Attorney Attest: 1{atliryn S. ,City Clerk ---~~~~ Michael C. Ireland, yor City Council Resolution No. Series of 2009. Page 3