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HomeMy WebLinkAboutLand Use Case.CU.830 E Durant Ave.1990-CU-1 -. I 1. • I! SETTLEMENTS RE. t1 NT THIS SETTLEMENT AGREEMENT made this day of , 1980, by and among the Aspen Mountain Park Partnership, a Colorado General Partnership ( "AMP "), the City ' of Aspen ("City") and the Smuggler Trailer Park Homeowners • Association ( "Association "). WHEREAS, AMP is the owner of the Aspen Mountain Park ( "the Park ") formerly the Smuggler Trailer Park, a mobile home park consisting of approximately 87 mobile home sites, situate within the City Of Aspen upon the real property more particularly ( described in Exhibit "A" hereto (hereinafter sometimes the "zeal ( property "); and, WHEREAS, the Association is an association of the •residents, or owners, or both of the Park; and,' • WHEREAS, although not restricted in terms of rental and resale price controls by deed, covenant, legislation, or otherwise, the Park historically has supplied a significant portion of the employee housing inventory of the City; and, WHEREAS, 7'JIP purchased the Park for investment purposes with a view toward developing the entire real property into a first class mobile home rental park; and, WHEREAS, on October 9, 1979, AMP issued to tenants a notice of a substantial rent increase for mobile home space. within the Park; and, WHEREAS, in response to such rental. increase, the City h threatened and began the preliminary institution of eminent • ;! domain proceedings; and, WHEREAS, in active negotiations, the City and AMP have pursued the resolution of on -going disputes concerning the Park in relation to (a) the monthly rents charged by AMP per mobile home space, (b) the installation of capital improvements 1 in the Park and (c) t:ho preservation of the Park as a source of if /lousinc; for local c: piOyucs by means of conclenlnation, rent • control ie;7is1;it:i.on, or the iite; and, it -' • pogTxosap - anogr agndsTp egg but"[ }gal: 3o snoatsop X "[iengtIt oar saTgaed egg 'ioxquoo aTa4q puoXoq squax buT.guitosa wox3 sawoq aitgow aTa4q uT saagwaw uoTgeToossV 3o squawgsenuT agg gaagoad og pue 'saaSoidwa ieooi ao; butsnoq 3o aoano:; queot ;TubTs P 3o ssoi oigTssod aql ma; XgTD aug googoad og uoiguuwopuoo pauOgraatg 3o pnoio a4q BAOwax oq xapxo uT 'svallaUM 'pue :Xgaadoad "[Pax agg 3o suotgxod � t quaxa33Tp TM uo,Tgoauuoo uT sguaulaburxae quaxa33tp xo3 buTpTAoxd Aq panxasaxd sgtun buzsnoq aaXoidwe pue pageptnbti aq ;sag Xew ,Cgxadoxd I I real aug grog paaxbP OAPtt dWV pUP X4T3 044 'SVad3 HM 'pue tpogtxosep -onoge aidtoutxd uT guawaeaby aug buigetuwnsuoo 3o a "[gadeo OIOM XTTeToueuT3 I uotgetoossv egg xou X ;T0 egg xaggtau gPug guaptna awroaq qt aouo XgT3 aqg 3o gsagaq aug ge saa3 uotgeg"[nsuoo gooCoxd pue 'Texngoagtgoxn 'buTXanxns'irbai xo3 scans a "[geaapTsuoo papuadxa sag; I I dWV 'pagTaosap - anoge sagndsTp am. 3o guawo "[ggoa Xxogoe3stges i X en nw e ge enTaae O x0 a uP uT ' ii g g g 33 SV32 ?3Htd 'puu !Xgxadoxd Teoa oaTgua egg uT I � quawgsoAuT sgt agepTnbTI oq peegsuT paptoap sett pue %aed Teguax awog a "[tgow sseio gsxT3 P se Xgaedoxd Teaa eaTqua aug doianap og guaqut teutbTao sgt wox3 gaentp og paaabr sett dWV 'X ;TD egg Aq pasodwT Xigoaatp sioaquoo oq onp sguax 3o Xoenbapeut purl 'quawao1idsTp TeTguagod Aq pasnro gseaun quapTSOl 'uotgruwapuoo 3o geoagq guegsuoo aug 3o uoTgeuTgwoa P og anp 'SVD13HM • spur t <SuOTgrfTwTt TuTouruT3 og anp aidTOutad uT qualuaoxby 943 og qurnsanci x.TPd am 3o asruoxnd aug ageununsuoo og aign axat )tied altq uTggtb soutoq l ' a T Ow O SaauMO aL 1ou X C a g x3 ' G i .4 3 Ig g', � u ugTa ,,V:�2I3t(bi 'pue !sowou aitgow alp 3o sxouMo 04 0; oTucox xo3 'I dPV wox3 %zed aug asegoand og sum XgTD agg 'U Ye a;c iiT igoagM og gurnsxnd pagTaosop -anogr sagndsTp agg buTAio ^Ox parMltt MoanI� I r ttlTM „Q„ ;TgTgx3 se Ogaaag pagoegge aidTouTj t uT 4li.TIi,a:LbV :I am. 0 UT paxaqua XTTeuT ' 1TJ aug pul' JW`f 'SLR i +tiIIF1 �I • I • • • II r , ! I • ;in the mariner her.einbelow set forth, without resort, or further I I threatened resort, to formal legal proceedings, including eminent domain proceedings. NOW THEREFORE, in consideration of the foregoing premises, the making and performance of the mutual obligations and convenants herein contained, and other good and valuable consideration, the receipt, sufficiency and adequacy of which . I hereby are acknowledged, IT IS AGREED THAT: 1. IMPROVEMENTS TO PARK. AMP shall, as soon hereafter as reasonably may be practical, undertake to relocate below grade certain electrical wiring within the Park, relocate and upgrade the water and sewer distribution system due to any relocation of existing mobile homes as hereinafter provided; provide for the installation of additional fire hydrants at such locations as the City may request; and relocate and resurface the roadway system within the Park in order to accomodate any relocation of existing mobile homes and turning radii sufficient for emergency and support vehicles. 2. SALE OF MOBILE HOME SPACES. The present owners of mobile homes within the Park shall have the right, collectively or following the sale or exchange of the Park as hereinafter provided, � I to purchase the mobile home spaces for a purchase price equivalent to $25,000.00 per space. This offer shall remain open for a period of time coterminous with the time required for all parties ..to employ their best efforts to complete financing arrangements for the purchase, but in no event later_ than , 19E4. I'P_MP and the City will employ their best efforts to arrange financing for all owners who elect to purchase their spaces and li the Association agrees fully to cooperate with AMP and the City I ; in this regard in terms of compiling such information as I , I prospective lenders may require, and the like. AMP will, if I� necessary, provide carryback financing for up to 25% of the owners who elect to purchase their space but who are unable to qualify • • • �- . • : aog:}od s,A :).Tununuoo £ t1 uT ;)q 0g uauTwaogcp awTg :'j4 AgT;) ,;4; 4oT4M uT puu Ag.TO o4g gnom6(loa4g poTTdde ATTazauofi ATguosjzd aauurw oig uT sTozguoo oOTzd otesoz pun Teguaz 3o swap; uT pogoTzgsaz ATogeTzdozdde oq TTems ?ogungts uodnozogg sowo4 ojtgow 341 buTpnT3uT ';.(zgd o4g uttj: ;TM saoeds TTe 'popTAoxd -aAogn £UtS010 04; 20:}3e pue wozd ' S'IOUJ,NOO :IOI2Id 3'IVS2u CNV 'IVINT3 • ' y •MoTaqutaza4 L pue c sgdrzbezud uT 4gzo3 gos se doTanap og sg4btz au; 3TasgF bgun anzasa2 og pat ;Tgue aq Timis (I 'abusgoxa zo aTes 4ons buTpug;sq;TMgoN •zapunaza4 suoTgr6TTgo TTe I pun Aug au:nssg buTgt2M uT Hems Agzed pLT4g 4ons 'oburgoxa zo ales tons tine ;o buTSOTo a4; uodn •gua:uaazby sT4; 3o sutra; TT' Aq punoq aq Hems pue zopunazaq pa ;uezb sggbTn etj; Tie og patgTgue aq 1 TTg45 Agzrd p1T4g tjons •3oazagg uoT ;zod Aug 20 Agzodozd Teox a2Tgua a4; Agzrd p e 4gTM.abue1oxa 20 og Has og ggBTx a4g 1 one4 'creme diiy 'zapunaza4 guawgsanuT s ;T agepTn5TT 04 zauoos zapzo uI •s4uowdo1oAep 4ons 203 sTenozdde Teguawuzanob 044 uTeggo og pazTnbaz awn aqg (q) pug buToueuT3 abuezze og pagTaosop -anoge i sgzo3;o aq; (e) uaATB TPOTgogzd aq Avis ATgouosraz se za ;3eaza4 I I uoos Se a ;ep.uodn paazbe ATtengnw e ge zn000 TTTM pue papTAO2d aog ;eu aria S uawd0 eAa a F 4 g T p 4g zo3 Axessaoau sTgnozdde Tgguawuzanofi omg 3o gdTao0z uodn pauoT ;Tpuoo aq TTegs saoeds awoq oTTgow aqg. 3o 0Tes pug ase432nd aqg 3o buTsoTO '3'IVS d0 2UflIDnULLS •£ •aTggsTnpr zo Azgssaoau swoop uoTgQToossvv aqg 20 %and a1g o; SguawanozdwT za1gzn3 eons zo3 uoTggToossy a4; 3o ;T3auaq 044 zo3 apTsg gas aq dwy.Aq TTegs a 044 'uoT ;oesugz; ales 04g uT POAIOAuT saaeds.go zagwnu am; sawT; 00 30 ;onpozd a4; ueq; seat st I anogeuTa2aq (T) auo 4dezfiuzed uT pa.g3zosap SguawanozdwT ;o ;zoo I Tengoe aqg gem; guano a4; uI •uoT;oesugzg a4g uT paATonuT sooeds I 3o zogwnu 044 sawtg 00'000'SZ$ 04 Tenho wns e 'buTsoto uodn 'PT0TA i TT04s SP 6OTad asetojnd a4g uQTg2Odde 03 SOATOSWO4g buowe pazTnbaz oq TTe4s szagwaw not ;nTaossy a4g gegg 'zanOMo4 'popTnozd !aOTad ooeds zad ueow e powoop aq 'as0432nd oqg uT poATonut uoTgeToossy a43 3o saogwow 04g 3o uoTcg3aTo 04g :)e 'TTnms PapTAOJd -onoge ootzd °50432nd 00 OWL •fiuTDUeuT3 aptsgno T1.uotguOAUOD zo3 I I a 1 1 interest to the end that then and thereafter the entire Park shall, be and remain controlled employee housing within the meaning of existing legislation concerning housing of that character, and i as such generally applicable legislation may from time to time be amended. Any mobile home spaces that are not sold to the owners of mobile homes and, hence, become owned by AMP shall continue either to be rented or later sold by AMP at a monthly rental or for a sales price, as the case may be, which shall be consistent with their controlled character. Furthermore, the owners of mobile homes who do not elect to purchase their lots • • shall not be entitled to sublet all or any portion of their mobile homes except under such terms as are consistent with the controlled character of this housing. S. EXPANSION OF PARK. The Park will be expanded in size principally in the rear acreage to accomodate 26 additional mobile homes. Expansion and the relocation of any existing mobile • homes in connection therewith will be done at the expense of AMP in the manner least in the circumstances intrusive upon existing mobile homes and in accordance with a plan prepared pursuant to Specially Planned Area criteria of the City Code. These mobile homes and the spaces they occupy within the Park will be offered • for sale, unfurnished, at a purchase price not to exceed $70,000.00, and appropriately restricted in the manner set forth in paragraph 4, hereinabove. 6. RELOCATION OF EXISTING SINGLE FAMILY HOME. The existing victorian style single - story frame house presently situate in the front portion of the Park shall be relocated and either tcsubdivided elsewhere within the real .property or, at_Z+i•LP's discretion, relocated outside the Park. •7. FREE MARKET DEVELOPMENT. AMP shall by the City be given the right to develop 19 free market units on property, as yet undetermined, either within the City or, if outside, capable of being annexed. This development right shall be transferable and assignable. Development shall proceed in accordance with • existing zoning affecting the property or, in the case of annexed •� u • • . . . . • • •pOsoTosTp AToTTgnd pup ATin3 aq TT;'us butpuegsxapun xoggo Sur pue quawaaabtt v luawaTgga9 stgq ;tqq aaabe satgaed aqy •Axessaonu aq Arw se pue ggTMaxaq guagszsuoo axe se sTenoadde dons queab pue sdags eons asteg oq 'Su0TTenTTgo TebaT amigo pue. 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' • ATTEST: CITY OF ASPEN By • City Clerk • . Herman Edel, Mayor • • ASPEN MOUNTAIN PARK PARTNERSHIP �j y • BY/ - . • ATTEST: SMUGGLER TRAILER PARK HOMEWONERS ASSOCIATION • • By • • • • • • • • • • r -�- II • • • —e9— . I I il . :t • i. • >Ns, . . • . . if . • • 'UOTgrBTTI L {onS q;TM pageroOSse sgsoo Tie II g II o ue Xur p gsuTrbr pur wax; ssaTw /ru XgTo agg plot; pur X;TuwapuT II. 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' /anabog 'papTAozd :passed aq qou Xew quawaazby iI sTgg agengoo33a 04 uoTgeTsTboT buTTgrua grog ; {:tile; pooh uT pue. li. F, fgrruoseaz SauTw.Lagop qt t U ' 0A0 aqg uT 1T3 aq fi g gsurer oigeuTegutew iI ji aq netts sabruirp /o; Mei qe uoTgoe ou'grgg abp:oinouxoU pie aazbr ii u0Tq /ed 0 4t 'SaDVNVa UO:I LIDS J,SNIVDV WNVKIA00 'OT ■ • 11 I1 AN APPLICATION FOR SUBDIVISION /CONDITIONAL USE APPROVAL FOR THE OBLOCR TOWNHOUSE PROJECT Submitted by THE OBLOCK PARTNERSHIP 400 West Main Street, Suite 100 Aspen, Colorado 81611 (303) 920 -1142 Prepared by VANN ASSOCIATES, INC. Planning Consultants 230 East Hopkins Avenue Aspen, Colorado 81611 (303) 925 -6958 and LIPRIN WARNER DESIGN PARTNERSHIP 400 West Main Street, Suite 100 Aspen, Colorado 81611 (303) 920 -1142 1 TABLE OF CONTENTS Section Page I. INTRODUCTION 1 II. PROJECT SITE 3 III. PROPOSED DEVELOPMENT 6 IV. REVIEW REQUIREMENTS 16 A. Subdivision 16 B. Conditional Use 23 C. Growth Management Exemption 27 D. Alley Encroachment 28 E. Vested Property Rights 31 APPENDIX A. Exhibit 1, Land Use Application Form Exhibit 2, Personal Representative's Deed Exhibit 3, Permission to Represent B. Exhibit 1, Letter from Schmueser Gordon Gordon Meyer i I. INTRODUCTION The following application requests subdivision approval for the development of a fourteen (14) unit, multi - family residential project on the so- called "Oblock" property. The application also requests conditional use approval and exemption from growth management for the project's four (4) accessory dwelling units, permission to encroach under a public alley, and vested property rights status for the project's various development approvals. A separate condominiumization application will be submitted upon sub- stantial completion of the project (see Land Use Application Fonn, Exhibit 1, Appendix A). As the Vicinity Map on the following page illustrates, the property is located adjacent to West End Street between Cooper and Durant Avenues. The owner of the property is Bass Cahn Properties, a New Jersey limited partnership (see Personal Representative's Deed, Exhibit 2, Appendix A). The project applicant is The Oblock Partnership, a Colorado limited partnership which was formed to develop the proper- ty. The partnership consists of the property owner and Aspen Mountain Park II, the owner of the transferrable development rights which are to be used to develop the project. The Applicant's representative is Sunny Vann of Vann Associates, Inc., Planning Consultants (see Permission to Represent, Exhibit 3, Appendix A). 1 1 � • N .. M.40M14PRh:::. lA,y ,} �M _ �' r ^_ _/ L M a : ::::: ::[4: : :: is i :>..' a:i :••; r:: : %::: sa so 1 2 te .' Welk _ /< ■ kinn Cna N ::.::: }� � `4�I�gsg,,p"�4 . g ' ` ' � ,:: M I 7. l :<::ae: s 4 • 9S A e� I : t Aspn ` `1 MiOk / ' nit ; NO an Aai / jt 1 To Twin Lakes 1 Vicinity Map i l .j The application has been divided into three (3) parts. The first part, or Section II. of the application, provides a brief description of the project site, while Section III. describes the Applicant's proposed development. The third part, or Section IV., addresses the proposed development's compliance with the applicable review requirements of the Aspen Land Use Regulations. For the reviewer's convenience, all pertinent supporting documents relating to the project (e.g., proof of ownership, utility analysis, etc.) are provided in the various appendices to the application. While the Applicant has attempted to address all relevant provisions of the Land Use Regulations, and to provide sufficient information to enable a thorough evalu- ation of the application, questions may arise which result in the staff's request for further information and /or clarification. The Applicant would be pleased to provide such additional information as may be required in the course of the application's review. II. PROJECT SITE The project site consists of two (2) distinct parcels of land which are separated by a public alley. Each parcel consists of six (6) townsite lots and contains eighteen thousand (18,000) square feet of land area. More specifi- cally, Parcel A consists of Lots D, E, F, G, H and I, Block 112, of the original Aspen townsite, while Parcel B consists 3 of Lots N, 0, P, Q, R and S. Lots D through I, and N through S, have merged pursuant to Section 7- 1004.A.5. of the Regulations. As a result, each parcel is construed to be an undivided lot for development purposes. The two parcels, however, are to be developed as a unified site pursuant to Section 7- 1004.A.4. Both parcels are zoned R /MF, Residential /Multi - Family. As the property survey on the following page illus- trates, the topography of the site slopes gently from southeast to northwest. Existing site improvements are limited to several outbuildings and a metal storage shed, all of which are currently being removed from the site. The brick house and wooden structure which are shown on the survey have been previously removed pursuant to valid demolition permits. Natural vegetation within the property boundaries consists of several large evergreens and various deciduous trees. Additional mature vegetation is located within the public right -of -ways which abut the property. Existing utilities in the immediate site area include water, sewer, electric, telephone, natural gas, and cable TV. A fourteen (14) inch and a six (6) inch water main are conveniently located in Cooper and Durant Avenues, respec- tively. An eight (8) inch sanitary sewer and electric, telephone, natural gas and cable TV service are located in the alley between the parcels. 4 } II. PROPOSED DEVELOPMENT The Applicant proposes to construct two (2) multi- family buildings containing ten (10) free market residences and four (4) accessory dwelling units on the project site. As the Site Development Plan on the following page illus- trates, Parcel A will contain five (5) three bedroom free market units and two (2) studio accessory units. Parcel B will contain four (4) three bedroom free market units, one (1) two bedroom free market unit, and two (2) studio accessory dwelling units. Thirty -four (34) parking spaces, or approximately one (1) space per bedroom, will be provided in a subgrade parking garage which is accessed directly from the alley. The proposed development has been designed in compli- ance with the dimensional requirements of the R /MF zone district and the subdivision design standards of Section 7- 1004.C.4. of the Land Use Regulations. As Table 1 on page 8 indicates, the minimum required lot area for the proposed unit mix is less than the property's total site area. The proposed building envelopes meet or exceed all applicable setback requirements, and the amount of site area to be preserved as open space exceeds the minimum standard. Approximately fourteen thousand eight hundred and sixty (14,860) square feet, or forty -one (41) percent of the project site, has been preserved as open space. 6 Table 1 DEVELOPMENT DATA 1. Existing Zoning R /MF 2. Total Site Area (Sq. Ft.) 36,000 Parcel A 18,000 Parcel B 18,000 3. Minimum Required Lot Area (Sq. Ft.) 34,770 Free Market Units 9 - 3 Bdrm. Units 63 q. Ft. /Unit 34,770 1 - 2 Bdrm. Unit @ 2,100 Sq. Ft. /Unit 2,100 Accessory Dwelling Units 4 - Studio Units' None 4. Maximum Allowable External Floor 36,000 Area @ 1:1 (Sq. Ft.) 5. Proposed Building Area (Sq. Ft.) 70,830 Area Attributable to FAR 35,490 Area Exempt from FAR` 35,340 6. Minimum Required Open Space 12,600 @ 35 Percent Lot Area (Sq. Ft.) 7. Proposed Site Coverage (Sq. Ft.) Building Footprint 17,080 Area Attributable to Open Space 14,860 8. Minimum Required Parking 33 @ 1 Space /Bdrm. 9. Proposed Project Parking Spaces 34 1 Pursuant to Ordinance #47, Series of 1988, accessory j dwelling units are not counted for density purposes. 2 Includes subgrade parking garage, portions of afford- ) able housing units, and exterior decks. 8 1 It should be noted that the Land Use Regulations do not require architectural review of the proposed develop- ment. The Applicant, however, is prepared to submit preliminary floor plans and elevations for information purposes upon completion of the architect's schematic design process. It is anticipated that these materials will be available prior to the Planning and Zoning Commission's and the City Council's review of the project. While final FAR calculations are presently unavailable, for purposes of this application, it may be assumed that the proposed develop- ment's external floor area ratio will approximate lcl. As the schematic Parking Garage Plan on the following page illustrates, each free market unit will have its own enclosed parking area within the project's subgrade parking garage. Direct access to each unit will be provided from the garage level via private elevators and individual enclosed stairways. A variety of storage areas and a central trash collection and compaction area are also located on the project's garage level. While on -site parking is not required for the project's four (4) accessory dwelling units, one (1) space per unit has been incorporated in the garage design. Vehicular access to the parking garage has been provided from the alley at the west end of the property in order to eliminate a curb cut on either Cooper or Durant Avenue, and to facilitate turning movements on West End Street. 9 J NA 3 F .i.,„, N P x.111 ll g ik elm i o F- rx al { t Z E a I C I I Z , 11 1 U r J To enhance circulation, and to minimize vehicular /pe- destrian conflicts, the garage design incorporates a tunnel beneath the alley, thereby eliminating the need for a second access ramp. The elimination of this ramp will facilitate the Applicant's proposed improvement of the alley as an attractive pedestrian space for the benefit of both project residents and the public at large. The alley, however, will remain open for passenger drop off and service vehicle i access. As the Site Section on the preceding page illus- trates, sufficient depth exists above the tunnel to accommo- date the alley's existing utilities. The Applicant will enclose these utilities within appropriate conduit as may be required by the individual utility companies. The proposed accessory dwelling units will be located on the garden level of free market units 1A, 2A, 1B and 2B. Each studio unit will contain approximately four hundred and forty (440) square feet of net livable area and an outdoor patio. To enhance livability, the accessory units are approximately forty -seven (47) percent larger than the City's minimum size requirement of three hundred (300) square feet. As the typical Accessory Dwelling Unit Plan on the following page illustrates, the proposed units may be accessed from both the outdoor patio and the adjoining free market unit. The accessory dwelling units will be deed . restricted pursuant to the Housing Authority's guidelines for "Resident Occupied" units. 12 y C. °O ACCESSORY LIVING UNIT LI i c > 4 : r-qi J I X E _ ___h_ _ ? [1-7-1 _ ---fiJ i _< ___} L ...........„...„ 4 , I _in, . l TOWNHOUSES LEVEL 2 PLAN ce a 1/8" = i' -0" B z ;u — As the Landscape Plan on the following page illus- trates, the project site will be extensively landscaped. The landscape concept for the project focuses on two separate areas: 1) the area adjacent to Cooper Avenue, Durant Avenue and West End Street and 2) the project's interior courtyard area and the alley. The design for the area along the streets responds to existing conditions and vegetation. Preservation of the existing trees is of paramount concern and has been achieved by locating proposed sidewalks accordingly. In keeping with Aspen's traditional streetscape, the plan calls for the planting of additional cottonwoods along Cooper Avenue and the relocation of several spruce trees to West End Street. The area between the buildings and along the alley has been designed as a courtyard for the project. While the alley will remain open to the vehicular traffic, it will be widened near the center of the property and lined with trees in order to create a more pedestrian space. A low wall will run the length of the buildings on both sides of the alley to create a degree of privacy for the residences. The area between the wall and the alley will be sodded and groupings of evergreens and birch will be used to separate the residences from one another. Various shrubs and season flowering plants will be located among the trees and along the wall. The overall intent will be to unify the building grounds and to enhance the appearance of the alley. i 14 1 IV. REVIEW REQUIREMENTS The proposed development is subject to both subdivision and conditional use review. An exemption from growth management, approval to encroach into the alley, and vested property rights status are also requested. Each of these review requirements is discussed below. A. Subdivision Pursuant to Section 3 -101 of the Land Use Regula- tions, land to be used for condominiums, apartments or any other multiple dwelling units is by definition a subdivi- sion. Consequently, the Applicant's proposed development of a fourteen (14) unit, multi - family residential project is subject to the City's review and approval. Such develop- ments are reviewed pursuant to the provisions of Section 7- 1004.C. of the Regulations. The specific subdivision review criteria, and the proposed development's compliance there- with, are summarized as follows. 1. "The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan." The 1973 Aspen Land Use Plan indicates that the project site is located within the so- called "Mixed Resi- dential" land use category. As noted previously, the project site is zoned R /MF, Residential /Multi - Family. The proposed multi - family development is a permitted use in this 16 _J Nib zone district and is consistent with the Land Use Plan's mixed residential designation. To the best of the Appli- cant's knowledge, no other element of the Comprehensive Plan contains recommendations which preclude, or otherwise pertain to, the proposed development. 2. "The proposed subdivision shall be consistent with the character of existing land uses in the area. The proposed subdivision shall not adversely affect the future development of surrounding areas." The proposed development is consistent with the character of existing land uses in the surrounding area, and will have no adverse effect on the area's future development. The immediate site area consists of mixed residential development, including numerous multi - family condominium structures, several relatively new duplexes, and a few older single - family residences. A substantial number of the area's multi - family condominiums are rented in the short term tourist market. With the exception of the project site, the area is essentially fully developed. The proposed subdivision shall be in compliance with all applicable requirements of the Land Use Regulations." The proposed development has been designed to comply with the applicable requirements of the underlying 17 j R /MF zone district and all relevant requirements of the Aspen Land Use Regulations. 4. "The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. No natural hazards adversely affect the develop- ment of the property. Consequently, no adverse affect upon the health, safety or welfare of the project's residents is anticipated. 5. "The proposed subdivision shall not be designed to create spatial patterns that cause inefficien- t cies, duplication or premature extension of public facili- ties and unnecessary public costs." No governmental inefficiencies, duplication of facilities, or unnecessary public costs will occur as a result of the provision of public services to the proposed development. All required utilities are currently available in the immediate site area. All costs associated with the installation of public improvements to serve the project will be borne by the Applicant as may be required. 18 J In addition to compliance with the preceding review criteria, the Land Use Regulations also require that various improvements be provided in connection with the proposed subdivision, and that specific standards be adhered to in the subdivision's design. At the Applicant's request, Mr. Jay Hammond, P.E., of Schmueser Gordon Meyer, Inc., Consulting Engineers, has reviewed the applicable require- ments of the Regulations and discussed the project with the City's referral agencies (see Exhibit 1, Appendix C). The improvements and design standards which pertain to the Applicant's proposed development, and the project's compli- ance with Schmueser Gordon Meyer's recommendations, are summarized as follows. 1. Water. Water service to the proposed development will be provided via the area's existing mains. The Applicant will tap the fourteen (14) inch main in Cooper Avenue with an eight (8) inch line and valve to be installed in West End Street. A service line will be extended from the eight (8) inch main to the units located on Parcel A. A second service line will be extended from the six (6) inch main in Durant Avenue to the units located on Parcel B. All units will be individually metered. The Aspen Water Department has indicated that connection to the existing mains is acceptable, and that the municipal water system has sufficient capacity to accommodate the project. 19 J 2. Sewer. The proposed development will be served by the existing eight (8) inch sanitary sewer located in the alley between Parcels A and B. According to the Aspen Consolidated Sanitation District, anticipated flows can be accommodated provided, however, that the Applicant makes certain improvements to a segment of the existing sanitary sewer system. More specifically, the Applicant will be required to replace the existing sanitary sewer located in the alley behind the Independence Building with a larger line. The Applicant will commit to the required upgrade as a condition of subdivision approval. As the upgrade will benefit the District's system as a whole, the Applicant will negotiate with the District to determine an equitable basis for cost sharing. 3. Electric, Telephone, Natural Gas and Cable TV. Electric, telephone, natural gas and cable TV service is presently located in the alley between Parcels A and B, and will be extended to serve the proposed development as necessary. All required extensions of these utilities will be located underground and will conform to the applicable extension policies of the individual utility companies. 4. Easements. Easements to accommodate utility extensions will be provided in compliance with the applica- ble provisions of Section 7- 1004.C.4.b. of the Regulations as may be required. All utility easements to be conveyed 20 J by the Applicant will be described in the project's subdivi- sion agreement and depicted on the final subdivision plat. 5. Sidewalk, Curb and Gutter. There are presently no sidewalks within the immediate site area. The project site, however, is located within the sidewalk district defined by City Council Resolution #19, Series of 1975. The Resolution requires the installation of a five (5) foot wide sidewalk and curb and gutter along all street frontages. As discussed previously, the Applicant will install a sidewalk around the periphery of the property. Given the size of the trees along the Durant Avenue and West End Street frontages, the Applicant will consult with the City's Parks and Engineering Departments with respect to the type and location of the sidewalk to be installed. Both the Durant Avenue and West End Street frontages presently contain a so- called "rolled" curb and gutter as opposed to the more common "vertical" curb used throughout the City. Although rough in places, the curb is generally serviceable. No curb and gutter, however, is presently available along Cooper Avenue. The Applicant will replace the existing curb along Durant Avenue and West End Street with vertical curb and gutter as may be required by the Engineering Department, and will install curb and gutter along the property's Cooper Avenue frontage. Asphalt will be installed between the existing street to the gutter pan. 21 j 1 6. Fire Protection. Fire protection for the proposed development will be provided by the Aspen Volunteer Fire Department. The project site is located approximately six (6) blocks from the fire station, resulting in a response time of approximately three (3) to five (5) minutes. A fire hydrant is conveniently located at the southeast corner of the property. An additional hydrant is located across the street from the property at the corner of Cooper Avenue and West End Street. The proposed develop- ment is readily accessible to emergency and fire protection vehicles via the alley and surrounding street system. 7. Drainage. The proposed development's storm drainage system will be designed to maintain historic flow rates with respect to surface water runoff and groundwater recharge. On -site drywells will be utilized to intercept and detain runoff from building roofs and impervious areas, and to control the rate of groundwater recharge. The parking garage will contain a sand and grease trap and a sump which will pump snowmelt to the sanitary sewer. A detailed stormwater drainage plan will be submitted in conjunction with the Applicant's final plat submission. 8. Roads. No improvements to the existing streets in the immediate site area will be required as a result of the proposed project. The additional traffic generated by the project will have no significant impact as 22 1 all streets are currently operating well below their rated capacity. As discussed previously, sidewalks will be installed by the Applicant along the property's street frontages. Access to the project's subgrade parking garage will be via the alley. These two design features should significantly improve circulation and reduce vehicular /pede- g Y im P strian conflicts. 9. Final Plat. Section 7- 1004.D.2.a.(1) of the Land Use Regulations requires the preparation of a final plat prior to City Council review of a subdivision applica- tion. As the proposed subdivision does not involve the creation of separate lots, and since the City Council may require revisions to the project's design, it would appear appropriate to delay the preparation of the final plat until after Council review. The submission of a recordable final plat and improvements agreement for staff review and the Mayor's signature is a reasonable condition of subdivision approval. B. Conditional Use Review Section 2 of Ordinance #47, Series of 1988, added "Accessory Dwelling Units" to the list of conditional uses in the R /MF zone district. Pursuant to Section 7 -302 of the Land Use Regulations, all conditional uses are subject to the review and approval of the Planning and Zoning Commis- sion. The specific review criteria for conditional uses, 23 and the proposed accessory dwelling units' compliance therewith, are summarized below. 1. °The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located.° The proposed accessory dwelling units have been designed to comply with the recently adopted provisions of Section 5 -510 of the Regulations. Each studio unit will contain approximately four hundred and fifty (450) square feet of net livable area, is located within the proposed multi- family structures, and will be deed restricted pursuant to the Housing Authority's "Resident Occupied" guidelines. Although not specifically required, one (1) parking space will be provided for each unit in the proj- ect's subgrade parking garage. The proposed accessory units are consistent with the purpose of the R /MF zone district and with the City's policy of encouraging the voluntary development of such units in its residential neighborhoods. 2. °The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the vicinity of the parcel proposed for development.° 24 J The area immediately surrounding the project site is devoted almost entirely to residential uses. The inclusion of four (4) accessory dwelling units within the proposed development is a desirable compliment to free market residential development and, as discussed above, consistent with current community goals and objectives. 3. "The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedes- trian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding proper- ties." The inclusion of accessory dwelling units within the proposed development will have no adverse effect upon surrounding properties. Given the size of the project site, and the fact that the accessory units are located within the proposed structures, no additional visual impact will occur. Parking for the units will be provided and no significant impact is anticipated on the existing road system. 4. "There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools." 25 J As discussed under subdivision review, all utilities and the public road system are adequate to serve the proposed conditional use. Adequate fire protection is available to protect the accessory dwelling units. Given the limited nature of the use, no adverse impact on such public facilities as hospitals, schools, etc. is antici- pated. 5. "The Applicants commit to supply affordable housing to meet the incremental need for increased employees generated by the condition use." The proposed free market units are exempt from growth management. As a result, the provision of affordable housing is not required. The Applicant's voluntary inclu- sion of four (4) accessory dwelling units within the project, however, should be viewed as a positive contribu- tion to the solution of the community's affordable housing problem. 6. "The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter." As discussed under criteria #1 above, the proposed conditional use is consistent with the Aspen Area Comprehen- sive Plan, the purpose of the underlying zone district, and 26 J the specific standards which govern such uses. The struc- tures in which the accessory uses are located have been designed in compliance with all applicable dimensional requirements of the R /MF Zone District. C. Growth Management Exemption All of the dwelling units within the Applicant's proposed development are exempt from growth management. Nine (9) of the free market units will be constructed utilizing the transferrable development rights which were previously granted to Pitkin Limited, a Colorado corpora- tion, in connection with their redevelopment of the Smuggler Mobile Home Park for employee housing purposes. These rights were expressly exempted from growth mag Bement by the City at the time they were conferred upon Pitkin Limited. The remaining free market unit, and the four (4) accessory dwelling units, are also exempt from growth management pursuant to Section 8- 104.A.1.a. and Section 8- 104.B.1.d. of the Regulations, respectively. Section exempts the reconstruction of an existing residence. As noted previously, the existing single - family residence located at 820 East Durant was recently demolished ; pursuant to a legally issued demolition permit. Section 8- 104.B.1.D. provides for the exemption of one (1) accessory dwelling unit per free market unit subject to the Planning and Zoning Commission's review and approval. 27 J 1 D. Alley Encroachment As discussed in Section III. of this application, the Applicant proposes to improve the project's vehicular circulation by constructing an access tunnel beneath the public alley located between Parcels A and B. Pursuant to Section 19 -5 of the Municipal Code, permission to encroach into a public right -of -way is subject to review by the Engineering Department and the approval of the City Council. The specific review criteria promulgated by the Engineering Department for such requests, and the proposed development's compliance therewith, are summarized below. 1. "Circulation. Does the proposed encroachment or vacation cause a potential problem with regard to lI accessing property in the area. Could the request hinder area circulation or prevent service vehicles or utility companies from accessing facilities or other structures." As the proposed encroachment will be located beneath the alley, no adverse impact upon vehicular circula- tion will occur. In fact, the proposed tunnel will elimi- nate the need for a second access ramp to serve the proj- ect's parking garage, thereby enhancing circulation in the alley and reducing the potential for vehicular /pedestrian conflicts. Existing utilities within the alley will continue to be accessible as they are located above the ceiling of the proposed tunnel. 1 28 J ti 2. °Streets Maintenance. Does the proposed encroachment or vacation create a possible problem for street maintenance or snow removal operations.° The proposed vacation will have no effect upon street maintenance or snow removal. 3. "Utilities. Could the proposed encroachment or vacation interfere with existing or future utility needs for the area.° As the Site Section on page 11 illustrates, the proposed tunnel is located well below the surface of the alley and beneath the existing utility lines which are presently located therein. As recommended by Schmueser Gordon Meyer, service lines will be enclosed within conduit as may be required by the individual utility companies to facilitate service and repair. 4. °Enforcement. Could the proposed encroach- ment or vacation create or compound an existing problem for traffic control, city police, or fire department personnel.° The proposed vacation will not create or compound an existing problem for traffic control, police or fire department personnel. 5. "Expansion. Does the proposed encroachment or vacation provide the opportunity for expanding the floor 29 area of structures. Would such expansion require Growth Management Approval." As the proposed parking garage and tunnel are located one hundred (100) percent below grade, they are exempt from the calculation of floor area. The requested encroachment, therefore, does not affect the size of the proposed development. 6. "Income space. Is the encroaching space intended for commercial or other income producing space." No income producing space will be produced as a result of the encroachment. The sole purpose of the subgrade tunnel is facilitate vehicular circulation. 7. "Adopted Plans. Considering whether the proposed encroachment or vacation is consistent with any adopted plan (i.e., trails, malls, improvement districts, etc.)." To the best of the Applicant's knowledge, the proposed encroachment into the alley will have no adverse impact upon any adopted plan for the area. l 8. "Benefit. Considering whether the en- croachment or vacation is beneficial to the City of Aspen. Granting of encroachments should generally occur under one 1 of the following conditions. 30 _1 A l a) To acknowledge an existing condition and outline the owner's liability and responsibility for maintenance and removal of the encroaching structure. b) To license an encroachment that is a public amenity.° Approval of the requested encroachment would be beneficial to the public as it would permit the design of a more efficient parking structure which in turn would improve vehicular circulation and reduce the potential for vehicular /pedestrian conflicts. The proposed encroachment will have no adverse affect upon existing utilities located within the alley nor will public access be affected in any way. All costs associated with the construction of the proposed tunnel will be borne by the Applicant. E. Vested Property Rights } In order to preserve, as may be allowed, the land use approvals which may be obtained as a result of this application, the Applicant hereby requests vested property rights status pursuant to the provisions of Section 6 -207 of the Land Use Regulations. It is understood by the Applicant that, to establish such status, final approval of the proposed development must be granted by ordinance of the City Council. It is also the Applicant's understanding that no specific submission requirements, or review criteria 31 J other than a public hearing, are required to confer such status. 1 l 1 32 J `, soon 580 24�453 EXHIBIT A 1. The lien for 1988 ad valorem taxes. 2. Exceptions and Mineral Reservations as contained in Patent to Aspen Townsite recorded March 1, 1897 in Book 139 at Page 216 as Reception No. 60156. 3. Any and all rights to minerals underlying the subject prop- erty. 4. Easement for electric transformer granted to the City of Aspen under terms and conditions as set forth in the unrecorded Easement Agreement between Matthew Oblock and said City of Aspen dated October 13, 1986. 5. Encroachment of "One Story Building" onto Cooper Avenue and West End Street as shown on survey by Alpine Surveys dated April 5, 1988 as Job No. 88 -43. 6. Encroachment of 3 sheds onto alley of Block 112 as shown on survey by Alpine Surveys dated April 5, 1988 as Job No. 88 -43. { } -2- dpl:tjt312 J c5 . EXHIBIT 2 — ci GOOK 58 aart462 PERSONAL REPRESENTATIVE'S DEED '-u `j Loy, THIS DEED made by ELIZABETH SINCLAIR as Personal Representa- H; tive of the ESTATE OF MATHEW M. OBLOCK, JR., aka MATHEW M. ci A OBLOCK, aka MATHEW OBLOCK, deceased, Grantor, to BASS CAHN v4 PROPERTIES, a New Jersey partnership, Grantee whose address is Post Office Box 5078, Aspen, Colorado 81612. WHEREAS, the above -named decedent in his lifetime made and executed his Last Will and Testament dated October 6, 1978, which S Will was duly admitted to informal probate on October 13, 1987, by the District Court, County of Pitkin, State of Colorado Case No. 87PR27; and WHEREAS, Grantor was duly appointed Personal Representative of said Estate on October 13, 1987 and is now qualified and act - ing in said capacity. THEREFORE, for and in consideration of the sum of One Mil- lion Eight Hundred Fifty Thousand and No /100 Dollars ($1,850,000.00), pursuant to the powers conferred upon Grantor by the District Court, Grantor does hereby sell and convey unto the said Grantee, its successors and assigns forever, all of the fol- lowing described lots or parcels of land, situate, lying and being in the County of Pitkin and State of Colorado, to wit: Lots D, E, F, G, H, I, N, 0, P, Q, R and S, Block 112 City and Townsite of Aspen with all appurtenances free and clear of all taxes, liens and encumbrances, except those matters set forth on Exhibit A, hereto. EXECUTED this 9th day of December, 1988. C co M o - co p /I ),,T i�i, awir/ frO 41 en ^ Eli Sinclair, as co Personal Representative of the O N z Estate of Mathew M. Oblock, Jr., M ., aka Mathew M. Oblock, c aka Mathew Oblock, Deceased STATE OF COLORADO ) DEC $ C }: as. COUNTY OF PITKIN i5 The foregoing instrument was acknowledged before me this 9th day of December, 1988, by Elizabeth Sinclair, as Personal Repre- sentative of the Estate of Mathew M. Oblock, Jr., aka Mathew M. Oblock, aka Mathew Oblock, Deceased. Witness my hand and official seal. ? yavommission expires: rUo-d s 19 G� c ACAnY ..` lI ' NCI n • Notary Public ATEMIII 1 EXHIBIT 1 LAND USE APPLICATION FORM ;. 1) Pcuject Name 2) Project location Z-0 /J — / 1' // , / scrs //2 (indicate street address, lot & block number, legal Description where appropriate) Q / �j 3) Present Zoning / 1> 4) Int Size ` 5) Applicant's Name, Address & Phone # /7'/� �'�f m/rnx/ Svo° ar /- 44c /-Ec /cc% / cc Si " /9Za/ /d2 / 6) Representative's Name, Address & Phone # `� /"1 d / ) //Ct, Z.?- :.1764°rsr c S/U c / 936 - / / 7) Type of Application (please check all that apply): VCo ditional Use _ Conceptual SPA _ Conceptual Historic Dar. Special Review _ Final SPA _ Final Historic Dev. 8040 Gremlin _ Conceptual FUD _ Minor Historic Dev. _ Stream Margin _ Final FUD _ Historic Demolition Plantain View Plane ✓ Subdivision . _ Historic Designation Condaminiumization _ Text/Map ?n n ment _ as Allotment _ > t Line ✓ Q't2S Exesptian Adjustment 8) Description of Existing Uses (number and type of existing structures; apprvodmate sq. ft.; number of bedrooms; any previous approvals granted' to the p m') . ._ •• C y 9) Dzscription of Development Application 4 -17 /tee 1 10) Have you attached the following? ✓ Response to Attachment 2, Minima Submission Contents 7 Response to Attachment 3, Specific SUtmissicn Contests Response to Attachment 4, Review Standards for Your Application j APPENDIX A .J MEMORANDUM TO: Mayor and Council THRU: Bill Efting, Acting City Manager 1 / n FROM: Leslie Lamont and Any Margerum, Planning u RE: Oblock Subdivision, Lots D -I and N -S, Block 112 (between Cooper and Durant on West End Street), Second Read' .._• dinance 14 DATE: April 9, 1990 SUMMARY: The applicant proposes to construct 10 free market units and 4 accessory dwelling units. Subdivision review is required. An encroachment license is necessary for the development of the underground parking garage. The Planning and Zoning Commission reviewed and approved the conditional use for the accessory dwelling units. The Commission also recommends to the Council subdivision approval with conditions. The Planning Director approved the GMQS Exemption for the replacement of one single family home. Council, at the March 12 meeting, approved the first reading of the Ordinance 14. Staff recommends subdivision approval with conditions. COUNCIL GOALS: The subdivision review process compliments Council's goal #14. PREVIOUS COUNCIL ACTION: At Council's January 22 meeting, the Council concurred with the Attorney's interpretation that the Lipkin Transfer of Development Rights (TDRs) are exempt from employee housing requirements (Oblock is using 9 TDRs). Council also directed staff to prepare a code amendment that would enable a GMQS Exemption for accessory dwelling units in new multi - family developments. Staff will include that code amendment in a full package of code amendments planned for review in the Spring. BACKGROUND: The Planning and Zoning Commission reviewed this proposal at their February 6 meeting. The Commission approved the conditional use for accessory dwelling units and approved to recommend to Council subdivision approval. The Commission approved this project by Resolution. Please see attached Resolution. PROBLEM DISCUSSION: The applicants have demolished one single family home and intend to construct a 10 free market /4 accessory dwelling unit residential complex. Subdivision and conditional use review are required. The applicant proposes to use 9 Lipkin TDR's for the free market units and one GMQS Exemption for replacement of the single family home that had occupied the site. The accessory dwelling units shall be included within four of the free market units. An underground parking garage is proposed with one entrance ramp. The garage will provide 34 parking spaces, or approximately one space per bedroom. The project incorporates twelve traditional city lots, six on either side of the alley. To facilitate the parking garage with only one entrance ramp, the applicants will need an encroachment license to construct a portion of the garage underneath the alley. Staff recommends approval of the encroachment license as an underground parking garage enhances the site design and one entrance to the garage is preferable. Please see attached Planning and Zoning memo, January 12, for a complete subdivision review and conditions of approval. ADVISORY COMMITTEE VOTE: 6 FOR 0 AGAINST 2 ABSTAINED KEY ISSUES: 1) Although not required to review development /site design plans, Council requested, and the applicant agreed, to bring development plans for review at second reading. 2) Regarding the condition of approval that the applicant consider extending the water main, Mayor Stirling requested staff to research the water situation on Durant Street. According to Jim Markalunas, slowly, connection by connection the ability to provide an adequate water supply is being exacerbated by new connections. An extension of the 8" Main will help that end of town. RECOMMENDATION: The Planning and Zoning Commission recommends subdivision approval with conditions. Staff recommends approval, on second reading, with conditions as outlined in Ordinance 14. ALTERNATIVES: 1. Council may deny the encroachment license thus requiring the applicants to either provide at grade parking or construct two separate garages with two separate entrances. 2. Deny the subdivision. PROPOSED MOTION: "I move to approve the subdivision with conditions as outlined in Ordinance 14 and the Commission Resolution 90 -1." "Move to adopt Ordinance 14, Series of 1990, on Second Reading. "Move to approve Ordinance 14, Series of 1990, on Second Reading. 2 4 - CITY MANAGER COMMENTS: ATTACHMENTS: A. Ordinance 14 B. Commission Resolution 90 -1 C. Planning and Zoning Commission memo, January 12, 1990 3 WARP -UP SUMMARY SHEET FOR OBLOCK TOWNHOMES, LOTS D -I AND N -S, BLOCK 112 The City Council, at their April 9 1990 'eeting, granted subdivision and vested rights -.. ,...ted Or.' ance 14 Series of 1990 for the Oblock subdivision with the following conditions: 1. Prior to the issuance of a building permit a final plat shall be filed subject to review and approval of the Engineering Department. The final plat shall include but not limited to: a. The surveyor's certificate must indicate that all easements indicated on Title Policy No. 0 -9941- 38538, dated December 9, 1988, have been shown on this plat. b. Easements for transformers and utility pedestals subject to review by the Engineering Department. c. An above grade trash service area. 2. Prior to the issuance of a building permit a subdivision agreement shall be submitted for review and approval by the Planning Department. The Subdivision Agreement shall include but not be limited to: a. an agreement to join any future improvements districts. b. language binding the applicant to bond for five years the value of the large evergreens (removed for the garage ramp) for relocation or replacement purposes. 3. Project approval shall be conditioned upon receiving an encroachment license for the parking garage. If an encroachment license is not granted then the applicant shall submit new site plans for staff and P &Z review.. 4. Prior to issuance of a building permit the applicant shall submit a storm water drainage plan to be reviewed and approved by the Engineering Department the plan shall include, but not limited to, demonstration that the historic drainage pattern will not be affected and all snowmelt facilities, foundation drains or outside floor drains shall be connected to a dry well of the storm sewer, in accordance with the Clean Water Act. 5. Prior to final approval, a portion of the existing fencing should be relocated because it is in the public right -of -way and blocks public use of the sidewalk area. 6. The City requests that if any boulders larger than 36" are excavated on the site and are not needed that they be provided to the City. 7. Prior to recordation of the subdivision agreement and final plat, the applicant shall submit documentation to the Planning Department demonstrating that downstream collection constraints can be mitigated to the satisfaction of the Aspen Consolidated Sanitation District. The actual cost and financial guarantee shall be incorporated into the subdivision agreement. 8. Prior to the issuance of an excavation permit, the tunnel and underground garage design shall be approved by the Aspen Consolidated Sanitation District. 9. The 6 large spruce trees on West End Street and those along Durant shall not be removed. Removal of any tree larger than 6" in caliper shall require a tree removal permit. 10. The applicant shall work with the Parks Department to relocate the clump of large evergreens being removed for the construction of the garage ramp. The applicant shall also bond for five years the cost of the trees (as determined by an independent third party). In the event they do not survive relocation the money shall be available for the Parks Department to use for replacement vegetation. 11. The street and sidewalk improvements shall comply with the Pedestrian Walkway and Bikeway Plan. In the event the plan is not adopted they shall develop the street and sidewalk improvements as depicted on the approved plans. 12. Prior to the issuance of a building permit the owner shall record copies of deed restrictions for the 4 accessory dwelling units subject to review and approval by the Housing Authority. MEMORANDUM TO: Mayor and Council �.✓ THRU: Bill Efting, Interim City Manager; FROM: Leslie Lamont and Amy Margerum, Planning RE: Oblock ••'vision, Lots D -I and N -S, Block 112 •o•er Durant on West End Street) DATE: / arch 12, 1990 SUMMARY: The applicant proposes to construct 10 free market units and 4 accessory dwelling units. Subdivision review is required. An encroachment license is necessary for the development of the underground parking garage. The Planning and Zoning Commission reviewed and approved the conditional use for the accessory dwelling units. The Commission also recommends to the Council subdivision approval with conditions. The Planning Director approved the GMQS Exemption for the replacement of one single family home. Staff recommends subdivision approval with conditions. COUNCIL GOALS: The subdivision review process compliments Council's goal #14. PREVIOUS COUNCIL ACTION: At Council's January 22 meeting, the Council concurred with the Attorney's interpretation that the Lipkin TDR's are exempt from employee housing requirements (Oblock is using 9 TDR's). Council also directed staff to prepare a code amendment that would enable a GMQS Exemption for accessory dwelling units in new multi - family developments. Staff will include that code amendment in a full package of code amendments planned for review in the Spring. BACKGROUND: The Planning and Zoning Commission reviewed this proposal at their February 6 meeting. The Commission approved the conditional use for accessory dwelling units and approved to recommend to Council subdivision approval. The Commission approved this project by Resolution. Please see attached Resolution. PROBLEM DISCUSSION: The applicants have demolished one single family home and intend to construct a 10 free market /4 accessory dwelling unit residential complex. Subdivision and conditional use review are required. The applicant proposes to use 9 Lipkin TDR's for the free market units and one GMQS Exemption for replacement of the single family home that had occupied the site. The accessory dwelling units shall be included within four of the free market units. An underground parking garage is proposed with one entrance ramp. The garage will provide 34 parking spaces, or approximately one space per bedroom. The project incorporates twelve traditional city lots, six on either side of the alley. To facilitate the parking garage with only one entrance ramp, the applicants will need an encroachment license to construct a portion of the garage underneath the alley. Staff recommends approval of the encroachment license as an underground parking garage enhances the site design and one entrance to the garage is preferable. Please see attached Planning and Zoning memo, January 12, for a complete subdivision review and conditions of approval. ADVISORY COMMITTEE VOTE: 6 FOR 0 AGAINST 2 ABSTAINED KEY ISSUES: Please see attached Commission Resolution. RECOMMENDATION: The Planning and Zoning Commission recommends subdivision approval with conditions. Staff continues to recommend approval with conditions as outlined in the Commission memo. ALTERNATIVES: 1. Council may deny the encroachment license thus requiring the applicants to either provide at grade parking or construct two separate garages with two separate entrances. 2. Deny the subdivision. PROPOSED MOTION: I move to approve the subdivision with conditions as outlined in the Commission Resolution 90 -1. I move to /4 read Ordinance /4 . I move to adopt on first reading Ordinance CITY MANAGER COMMENTS: ATTACHMENTS: p A. Ordinance /4 B. Commission Resolution 90 -1 C Planning and Zoning Commission memo, January 12, 1990 2 f- „AN26 VANN ASSOCIATES, INC. Planning Consultants . wary 25, 1990 HAND DELIVERED Ms. Leslie Lamont Aspen /Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Oblock Subdivision /Conditions of Approval Dear Leslie: Outlined below are my comments with regard to the your proposed conditions which are to be incorporated in the P &Z's recommendation of approval for the Oblock Subdivision. For simplicity, I have addressed the conditions in the same order as they appeared in your January 12, 1989 memorandum to the P &Z. 1. This condition would appear to be no longer relevant. Since the proposed code amendment may not be completed prior to Council approval of the Oblock project, a new condition may be appropriate. This condition would permit the inclusion of the four (4) accessory dwelling units subject to the Council's adoption of the code amendment. In the event the amendment does not occur, the Applicant could eliminate the units. Obviously, the code amendment would have to be in effect prior to issuance of a building permit. 2. The information requested is provided in Jim Moran's letter to Sandy Stuller dated January 4, 1989 regarding the Lipkin TDR's and is summarized below. Six (6) TDR's were used at Pitkin Reserve. Two (2) TDR's are being used in connection with the Gordon /Callahan subdivision. Two (2) TDR's are held in inventory by John Elmore. Nine (9) TDR's are being used in connection with the Oblock Subdivision. 230 East Hopkins Avenue • Aspen, Colorado 81611 • 303/925 -6958 0 Based on the above, I believe this condition could be eliminated. 3. A title policy will be submitted prior to Council review. We would like to resolve the issue of easements with Engineering prior to going to Council. 4. This condition should probably be revised to reflect the P &Z's recommendation that sidewalks, curbs and gutters be installed in connection with this project and that the Applicant be allowed to pave the alley. An explana- tion of the P &Z's rationale in your memo to Council would be appreciated. 5. As trash vehicles will not enter the underground garage, this condition would appear to be unnecessary. 6. Please note that the application specifically requests that Council approve an encroachment license concurrent with subdivision approval. The Engineering Department's review requirements are also addressed in the applica- tion. As Council will either approve the licence or deny it, this condition would appear unnecessary. An alterna- tive condition might be that if Council denies the encroachment, the Applicant must submit a revised garage plan for staff review and approval. In any event, Engineering should provide a specific recommendation as to whether the applicable review criteria have been met. 7. This condition could probably be consolidated with conditions number 11 and 15. We will submit a detailed drainage plan which addresses all of these conditions for Engineering Department approval prior to issuance of a building permit. The plan will accompany the actual final plat. 8. No comment. 9. This condition should require that the requested ease - ment(s) be depicted on the final plat. 10. No comment. 11. See condition number 7. 12. We are currently talking with the ACSD regarding the nature and extent of the required improvements. I believe that this condition should simply require that the Applicant make such improvements as may be required by the ASCD as a condition of connecting to the system. The actual cost can be incorporated in the project's subdivision improvements agreement and financially guaranteed along with the project's other improvements. 0 3 13. This condition, and condition number 14, could be combined with condition number 12. I believe you could simply require that the garage encroachment design be approved by the ASCD prior recordation of the final plat. This would ensure that the sewer is not adversely impacted. 14. See condition number 13. 15. See condition number 7. 16. It is not clear if this is a mandatory requirement. It is not necessary to serve the project and should be, I believe, at the option of the Applicant. 17. The last sentence in this condition was not supported by the P &Z and should, I believe, be removed. In its place would be the Applicant's offer to bond the relocation or replacement of the trees in question. 18. No comment. No additional conditions are required, I believe, as a result of the P &Z's motion. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. If possible, I would appreciate an opportunity to review the draft resolution prior to its inclusion in the P &Z packet. Thanks for the chance to offer my comments. Very truly yours, VANN ASSOCIAT , a Sunny Van , ICP SV:cwv MYLER, STULLER & SCHWARTZ ATTORNEYS AT LAW DAVID I. MYLER 106 S. MILL STREET, SUITE 202 SANDRA M. STULLER ASPEN, COLORADO 81611 ALAN E. SCHWARTZ (303) 920 -1018 FAX 920 -4259 MEMORANDUM TO: Aspen City Council FROM: Sand - DATE: January 15, 1990 RE: 6 : _ ••p ication; Lipkin TDR's The Planning Office, in its review of an application for the development of part of Block 112, has raised a question, the answer to which I would like your affirmation of before continued processing of the application. O'Block Application The applicant (a partnership) has submitted an application for subdivision and conditional use approval, and GMQS exemption, for the development of 10 free- market and 4 accessory dwelling units. The site consists of two parcels (divided by an alley) at the corner of Cooper and West End; is zoned RMF; and is now vacant. The applicant proposes, in this application, to exercise 9 Lipkin TDR's. Consequently, as is apparent below, the applica- tion is exempt from the GMQS process (with respect to the free - market units). But an issue has arisen with respect to the applicability of Section 7 -1004 C.5. (part of Ordinance 47, 1988), which reads: 5. Affordable Housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Art. 5, Div. 7, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide afford- able housing in compliance with the requirements of Art. 8, Growth Management Quota System. (Emphasis added.) Jim Moran, representing the applicants, has submitted to me a letter dated January 4, 1989 (copy of it, and Alan Richman's earlier letter, are attached), outlining his view that the exercise of the Lipkin TDR's are exempt from any affordable housing requirements. I have reviewed the history of the creation of these TDR's and discussed it with Paul Taddune and Bob Hughes (the attorneys involved) and offer the following. MYLER, STULLER & SCHWARTZ Memorandum to Aspen City Council January 15, 1990 Page Two History of Smuggler Park Mobile Home Park Many of you will recall that in 1980 the City became in- volved in maintaining the Smuggler Trailer Park as local housing in the face of a then recent purchase and proposed rental rate increase. Condemnation and purchase by the City were considered. However, in lieu of either, in September of 1980 the City entered into an agreement with the new owners and the home owners' association to the effect that: 1. The owners would upgrade the utilities; sell the lots at a stated price; assist owners with financ- ing; restrict resale and rental prices; and expand the park (originally 26; later 17 units). 2. The City would give the owners the right to develop 19 free - market units, which right was transfer- able. In addition, the City agreed to "enact such enabling legislation or amendments to existing legis- lation, including to its Growth Management Quota System legislation, as would accommodate and permit the foregoing development right in exchange for the conver- sion to employee housing of the Park and the addition of 26 new employee housing units...." The City, at the time, had the 70/30 exemption from the GMQS for the development of new affordable housing; but had no exemption language for controlling existing housing. Consequently, to effectuate the agreement, the City adopted Ordinance No. 69 (Series of 1981), which created an exemption from the GMQS for projects in which at least 85% of the units, previously existing, but uncontrolled, would be deed restricted. The Ordinance was repealed a short time later. Bob Hughes had occasion to generate a chronology of events as outlined in his letter to Phoebe Ryerson (March 30, 1983), a copy of which is attached. Subsequent Documents The "nature" of the development rights was not spelled out well in the September 1980 agreement. However, their attributes were discussed in the development (PUD /subdivision). agreements for the Smuggler Mobile Home Park and Pitkin Reserve (original agreement and two amendments). In these documents, it is clearly stated that the conversion of the 87 existing sites and develop- ment of 17 new sites at Smuggler constituted the employee housing component necessary to support the free - market development of the 01 /S1 MYLER, STULLER & SCHWARTZ Memorandum to Aspen City Council January 15, 1990 Page Three 19 TDR's as an exemption from or exception to the GMQS. Ilowever, these agreements also state that development of the TDR's was subject to all other land use regulations. For example, in the "Second Amendment to PUD and Subdivision Agreement for the Pitkin Reserve" (March 1984), a sentence was added to the section pertaining to the TDR's as follows: All of the nineteen (19) otherwise nonexempt free market housing unit development rights not utilized in connection with the actual construction of homes at The Pitkin Reserve shall be retained by Owner and shall be freely transferable to other properties, and alienable. For these purposes, however, any development proposal utilizing all or any portion of the free market housing unit development rights shall be subject to all the applicable review processes set forth in The Municipal Code of the City of Aspen, with the single exception of review under the Growth Management Quota System, which shall not be necessary. (Emphasis added.) The issue raised, then, is whether the affordable housing requirements of the subdivision regulations (adopted after the Smuggler Park agreement) are applicable so as to create an affordable housing requirement for the O'Block development. My conclusion would be that they do not: 1. From my reading of the record, I believe the requirement of compliance with all other development regulations applies to density established by the underlying zoning and regulations (e.g., conditional reviews, PUD and subdivision regulations) applicable to specific site reviews and considerations. 2. The exception to the GMQS granted to the TDR's was not merely an exception to the competition, but also from the employee housing requirements deemed satisfied by reason of the Smuggler development. There was no place on the Smuggler property to develop these free - market units; consequently, there was a need to develop TDR's by contract. And, if these units could have been developed on site, at that time, without the need to provide additional affordable housing, it was the intent of the City that could be developed elsewhere, and anytime in the future, without doing so. Some of you may have participated in these negotiations and have different recollections of what occurred and why; or may other- wise disagree with my conclusions. It is the purpose of this memo to ask for either your disagreement with or endorsement of this conclusion before the O'Block application is processed further. 01 /S1 HOLLAND &HART ATTORNEYS AT LAW DENVER 600 EAST MAIN STREET TELEPHONE (303) 925 -3476 DENVER TECH CENTER ASPEN, COLORAD1281611 TELECOPIER(303)925 -9367 COLORADO SPRINGS ASPEN BILLINGS BOI CHEYENNE January 4, 1990 WASHINGTON, D.C. JAMES T. MORAN Sandra M. Stuller, Esq. Aspen City Attorney 106 South Mill Street, Suite 202 Aspen, Colorado 81611 Re: Oblock Townhouses Subdivision Application Affordable Housing Requirements Dear Sandy: This letter responds to your request that we furnish evidence in support of the applicant's position that nine of the Oblock free market units, by prior agreement with the City, have been excepted from the requirement "to provide affordable housing in compliance with the requirements of Art. 8., Growth Management Plan." Section 7- 1004.C.5., Land Use Regulations of the City of Aspen. The Oblock Townhouses Project (the Project) consists of ten free market units and four accessory units. Nine of the free market units were previously authorized under the Precise Plan and Subdivision Agreement for Smuggler Mobile Home Park and the P.U.D. and Subdivision Agreement for Pitkin Reserve, both dated February 22, 1982. The Smuggler Mobile home Park Agreement was recorded on April 8, 1982 in Book 424 at page 780; the Pitkin Reserve Agreement on March 11, 1982 in Book 423 at page 417. Copies of both agreements are enclosed. The conversion of 87 previously unrestricted Smuggler mobile home units to controlled employee housing, plus the construction of 17 new controlled mobile home units, constituted "the employee housing component necessary to sustain the free market development at Pitkin Reserve ", Smuggler Agreement, 11.A., p.5. At that time, Pitkin Reserve was projected for 12 free market units. The employee housing provided at Smuggler actually generated 19 free market housing units which were excepted "from compliance with the allotment procedures of the growth management quota system" Smuggler Agreement, II.C., p. 6; Pitkin Reserve Agreement, II.C., p. 5. HOLLAND & HART ATTORNEYS AT LAW Sandra M. Stuller, Esq. January 4, 1990 Page 2 Prior to the specific Smuggler and Pitkin Reserve Agreements, the fact that the Smuggler units comprised the employee housing for the 19 free market units was pretty clearly expressed in a Settlement Agreement, dated September 22, 1980, between Aspen Mountain Park Partnership (AMP), owner of the Smuggler Trailer Park, the City of Aspen, and the Smuggler Trailer Park Homeowners Association. A copy of the Settlement Agreement is enclosed. The recitals sketch the history of efforts to obtain, upgrade, expand, and dedicate the Smuggler Trailer Park to employee housing. Paragraph 7 of the Agreement authorizes the 19 free market units "in exchange for the conversion to employee housing of the Park and the addition of 26 new employee housing units, all as set forth above." Due to zoning and site conditions, the proposed 26 new units eventually had to be reduced to 17. The 19 development rights were transferable and assignable and were available for use anywhere within the City, subject to existing zoning. Settlement Agreement, Paragraph 7. Six of the rights were used at Pitkin Reserve, two at the Gordon - Callahan subdivision, two are held in inventory by John Elmore and nine are to be used in the Oblock Project. All of the conditions precedent to the full vesting of the 19 free market units have been met, performed or satisfied. See Paragraph 4 of the letter, dated January _, 1989, addressed To Whom It May Concern, signed by the City's Planning Director and Staff Attorney, a copy of which is enclosed. We are informed that the Planning Staff has inquired about the applicability to the Project of Section 7- 1004.C.5. of the Land Use Regulations of the City of Aspen. That section, which is included in Division 10, Subdivision, provides, in part, as follows: "A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Art. 8., Growth Management Quota System." We understand that the Staff's concern arises because: 1. The Smuggler and Pitkin Reserve Agreements speak in terms of excepting the 19 free HOLLAND & HART ATTORNEYS AT LAW Sandra M. Stull.er, Esq. January 4, 1990 Page 3 market units "from compliance with the allotment procedures of the growth management quota system ", while 2. The above quoted housing requirement appears in the subdivision regulations rather than in the growth management quota system. We think there is no legal basis for the Staff's concern, although we understand why they are currently inclined to exercise the utmost caution in these matters. Our position is that the Smuggler dedication, upgrading, and additional unit construction constituted "the employee housing component necessary to sustain" the 19 free market units, including the nine which are to be used in the Oblock Project. The employee housing associated with, or required for, the free market units has already been furnished, six or seven years ago to be precise. Insofar as Section 7 -1004, C.5. requires compliance with the Growth Management Quota System, that is exactly what the free market units have been exempted from. I am not alone in so interpreting the relevant documents. The January, 1989 letter from the Planning Director and the Staff Attorney concludes that the free market development rights are exempt from "review under the GMP and the requirement therein of providing employee housing." (Emphasis supplied) You will also see that the opinion letter exempts the Development Rights from the Affordable Housing Impact Fee, which also was created under the Subdivision Regulations, rather than under the G.M.P. I originally intended to continue this letter by commenting extensively on the legal issues that will be involved should the City renege. However, those issues are so obvious that I've decided simply to list some of them. Estoppel and Vested Rights. Paragraph 10 of the Settlement Agreement provides an interesting backdrop for the conventional estoppel and vested rights arguments. Prohibition against laws impairing the obligation of contracts. Colo. Const., art.II, §11, See e.g. Aspen City Charter §14.6, Aspen City Code §1 -4. Prohibition against laws retrospective in operation. Colo. Const., art.II, §11. HOLLAND & HART ATTORNEYS AT LAW Sandra M. Stuller, Esq. January 4, 1990 Page 4 Expressed intention of the parties. The parties specifically expressed the intention that their agreements were to be fully effectuated, performed and preserved, and that they could be altered or amended only by written instruments executed by all parties. Smuggler Agreement, XI.D and F, pp. 18, 19; Pitkin Reserve Agreement, XII., D and F, pp. 16, 17. Compare former City Code §24- 11.3(i) where the right to enact subsequent inconsistent legislation was specifically reserved in certain circumstances. I sincerely doubt that we'll have to get into any serious discussion of the potential legal issues. The enclosed documents make it very clear that the current applicant's predecessors have already furnished the employee housing units required to sustain the nine free market units which will be built on the Oblock property. If the City Council now attempted to dishonor the Smuggler /Pitkin Reserve Agreements, its credibility would be totally destroyed, along with any realistic possibility of negotiating future agreements for the provision of affordable housing. A final word about the formula used in the Smuggler/Pitkin Reserve Agreements. Bob Hughes, who represented Pitkin Limited and AMP, tells me that there was an ordinance which provided GMP exemption for any project which was at least 70% employee housing. Using the 70/30 formula as a point of beginning, the final negotiated ratio, based on unit count, came out at 85/15. I've asked Bob to get his files out of storage and look for any additional relevant documentation. I'll let you know what he finds. The Project is scheduled for presentation to the P&Z on January 16. I hope we will have put Staff's concerns to rest by then. I will be out of town beginning Monday afternoon, the 8th, for the rest of the week. Sunny Vann can probably help if any further questions arise, or I can be reached at my brother's home in Houston (713) 852 -1167. Your y, �r Japes T. Moran JTM /pal Enclosure cc: Sunny Vann Robert W. Hughes, Esq. Michael Lipkin MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Planner RE: Oblock ••'vision and Conditional Use DATE: February 6, 1990 SUMMARY: At the January 16 meeting, the Commission directed staff to prepare a Resolution reflecting your review of this proposal. I have attached a draft Resolution for Commission comments. I have not included the original January 16 memo but will have it at the meeting for referrals. COUNCIL COMMENTS: As you remember, staff wanted Council's input regarding accessory dwelling units and whether the 1980 Lipkin TDR's are required to provide affordable housing pursuant to Subdivision. At their January 22 meeting Council directed staff to prepare a code amendment that would enable a GMQS Exemption for accessory dwelling units in new multi - family developments. Council also agreed with Sandy Stuller's interpretation that the Lipkin TDR's are exempt from employee housing requirements. ADDITIONAL REVIEW: In addition to reviewing the staff prepared Resolution, the Commission requested the applicant to provide perspectives and works in progress with respect to the design of the project for review. MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Planner RE: Oblock -s Subdivision DATE: P-cember 19, 1989 It was necessary to move the review of Oblock subdivision to the January 2, 1990 P &Z meeting. Council recently adopted a policy, at their December 11 meeting, for scheduling projects. For some time, projects of 100% affordable housing have been given first priority on the schedule. The new policy is: 1st priority: 100% Affordable Housing 2nd priority: 100% of Existing Housing (Floor Area and Bedrooms) Replaced and Deed Restricted 3rd Priority: Affordable Housing Zone District Proposals As a result of this policy, the Billings proposal, which replaces 100% of existing floor area and bedrooms with deed restricted housing, has been scheduled for the December 19 P &Z meeting. For the Oblock project, it is necessary to reschedule the public hearing for January 2, 1990. The applicant has already noticed for a public hearing December 19, 1989. Staff requests the Chairman to open the public hearing for Oblock and continue the hearing to January 2, 1990. MEMORANDUM TO: Leslie Lamont FROM: Yvonne Blocker, Housing RE: Oblock Townhomes Subdivision, Conditional Use Review, GMQS DATE: November 24, 1989 SUMMARY: The Applicant proposes to construct two (2) multi - family buildings containing ten (10) free market residences and four (4) accessory dwelling units on the project site. Parcel A will contain five (5) three bedroom free market units and two (2) studio accessory units. Parcel B will contain four (4) three bedroom free market units, one (1) two bedroom free market unit, and two (2) studio accessory dwelling units. Thirty -four (34) parking spaces, or approximately one (1) space per bedroom, will be provided in a sub grade parking garage which is accessed directly from the alley. APPLICANT: The Oblock Partnership, 400 West Main Street, Aspen, Colorado, represented by Sunny Vann. LOCATION: Parcel A consists of Lots D,E,F,G,H,and I, Block 112, of the original Aspen townsite, Parcel B consists of Lots N,O,P,Q,R, and S. ZONING: R /MF, Residential Multi- Family. APPLICANT'S REQUEST: The Applicant requests subdivision approval for the development of a fourteen (14) unit, multi - family residential project on the so- called "Oblock" property. The Applicant also requests conditional use approval and exemption from growth management for the project's four (4) accessory dwelling units. A separate condominiumization application will be submitted upon substantial completion of the project. HOUSING COMMENTS: Section of Ordinance #47, Series of 1988, which added "Accessory Dwelling Units" to the list of conditional uses in the R /MF zone districts. Pursuant to Section 7 -302 of the Land Use Regulations, all conditional uses are subject to the review and approval of the Planning and Zoning Commission. The specific review criteria for conditional uses, and the proposed accessory dwelling units' compliance are approved based upon the following conditions: 1 1. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located. The Applicant states that the proposed accessory dwelling units have been designed to comply with the recently adopted provisions of Section 5 -510 of the Regulations. The standard of Accessory Dwelling Units as per Section 5 -510 requires that the unit shall contain not less than 300 square feet of net livable area need be located within or attached to a principal's residence. It shall meet the Housing designee's guidelines for such units, meet the definition of a Resident Occupied Unit and be rented for periods of six months or longer. The Owner of the principal residence shall have the right to, place a qualified employee or employees of his or her choosing in the Accessory Dwelling Unit. The Applicant has stated that each studio unit will contain approximately four hundred and fifty (450), square .feet of net livable area. The units are located within the proposed multi- family structures and will be deed restricted pursuant to the Housing Authority's "Resident Occupied" guidelines. Although not specifically required, one (1) parking space will be provided for each unit in the project's sub grade parking garage. HOUSING RECOMMENDATIONS: Staff recommends approval of the conditional use for the construction of two (2) multi family buildings to contain ten (10) free market residences and four (4) accessory dwelling units on the project site based on the following conditions: 1. The Housing Authority be provided with evidence of actual net livable square footage of four hundred and fifty (450) square feet for each accessory dwelling unit. 2. An approved and recorded copy of deed restriction be provided to the Housing Authority prior to issuance of any building permits. 3. The deed restriction shall meet the definition of Resident Occupied Unit whic henceforth shall mean by definition, " a person who lives and or works in Pitkin County for a minimum of 30 hours per week and nine months per year." 4. The Owner of the principal residence shall have the right to place a qualified employee or employees of his or her choosing in the Accessory Dwelling Unit. 5. Written verification of employment of persons proposed to reside in the Accessory Dwelling Unit shall be completed and filed with the Housing Authority prior to occupancy and must be acceptable to the Housing Authority. 6. The Accessory Dwelling Unit is limited to occupancy by not more than two adults and related children. 7. Lease agreements executed for occupancy of the Accessory Dwelling Unit shall provide for a rental term of not less than six (6) consecutive months. MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont and Tom Baker RE: Oblock ••_- - on and Conditional Use Review DATE: anuary 12, 1989 _ ', S s •Y: " - -ip icant seeks Subdivision and Conditional Use approval and GMQS Exemption for the development of 10 free market units and 4 accessory dwelling units. he Planning staff recommends a preliminary discussion and review f this proposal. Staff has had some questions regarding the rovision of affordable housing. After a review of the record, e City Attorney has resolved the question to the satisfaction f the applicants. The Attorney, however would like to present he matter to the Council in an advisory capacity at their 3anuary 22 Council meeting. I. The applicants request a review of the proposal at this P &Z meeting to be continued to February 6. At the February 6 meeting, staff can make a recommendation to the P &Z, with Council's, input regarding the provision of affordable housing. APPLICANT: Oblock Partnership: Howard Bass, Bass Cahn Properties as represented by Sunny Vann, Aspen LOCATION: Lots D -I and N -S, Block 112, Aspen ZONING: RMF APPLICANT'S REQUEST: Conditional use and subdivision approval, and GMQS Exemption for 10 free market units and 4 accessory dwelling units. The applicant proposes to use 9, free market development rights, that were created in 1980 due to a settlement between the Aspen Mountain Park Partnership, the City of Aspen, and Smuggler Trailer Park Homeowners Association. In total, nineteen development rights were created and are exempt from Growth Management Review. REFERRAL COMMENTS: The following is a summary of referral comments from other agencies. For more detail, please see attached comments. Engineering: The Engineering Department has the following comments: 1. A title company policy is needed in order to confirm the presence or lack of easements which may or may not need to be vacated. 2. Current City policy regarding improvements in the public right -of -way is unclear and in a developmental stage. At this time, it appears that paving of alleys and installation of new curb, gutter and sidewalk is prohibited. New policies may be in effect by the time that the project goes to construction. The City accepts the offers of construction of these improvements as a promise to do so at such time as policy is established. This should be written into the subdivision agreement together with the agreement to join any future improvement districts. 3. Ample clearance into the underground garage is necessary for proper trash collection. 4. Project approval shall be conditioned upon receiving an encroachment license for the parking garage. 5. A drywell system should be used for snowmelt water. 6. A portion of the existing fencing should be relocated immediately because it is in the public right -of -way and blocks public use of the sidewalk area. 7. The applicant must provide easement for transformers and utility pedestals as needed so none are located in the alley right -of -way. 8. The City requests that if any boulders larger than 36" are excavated on the site and are not needed that they be provided to the City. Aspen Consolidated Sanitation District: In a November 28 memo, the ACSD had the following comments: 1. There is sufficient treatment capacity to serve this project. 2. The are significant downstream constraints in the collection system that have to be upgraded for the project, the cost is estimated to be $50,000. 3. Encroachment into the public right -of -way ability to maintain the system may be impaired. Detailed plans and profile drawings and cut sheets for vehicle access showing the sewer line profile is necessary for further comment. 4. The service tunnel under the alley will have to be designed in a manner that would allow for future sewer line grade changes as needed. 5. All snowmelt facilities, foundation drains or outside floor drains must be connected to a dry well of the storm sewer, in accordance with the Clean Water Act. 2 Housing: In a November 24 memo, the Housing Authority recommends approval of the proposal with the following conditions: 1. The Housing Authority be provided with evidence of actual net livable square footage of 450 square feet for each accessory dwelling. 2. An approved and recorded copy of deed restriction be provided to the Housing Authority prior to issuance of any building permits. 3. The deed restriction shall meet the definition of Resident Occupied Unit which henceforth shall mean by definition, "a person who lives and or works in Pitkin County for a minimum of 30 hours per week and nine months per year." 4. The owner of the principal residence shall have the right to place a qualified employee or employees of his or her choosing in the Accessory Dwelling Unit. 5. Written verification of employment of persons proposed to reside in the Accessory Dwelling Unit shall be completed and filed with the Housing Authority prior to occupancy and must be acceptable to the Housing Authority. 6. The Accessory Dwelling Unit is limited to occupancy by not more than two adults and related children. 7. Lease agreements executed for occupancy of the Accessory Dwelling Unit shall provide for a rental term of not less than six consecutive months with two shorter tenancies. Water Department: The Water Department, in a November 15 memo recommended that the applicant give serious consideration to extending the 8" Main to the 6" Main in Durant Street to increased the fire flows for the neighborhood. There is sufficient capacity to provide service. Parks Department: The Parks Department has met with the applicant to discuss the vegetation located within the public right -or -way and along the boundaries. The applicant, when a sidewalk is installed will do so in a manner so as not to remove the 6 large spruce trees on West End Street. The Parks Department will approve the removal of some of the small deciduous trees within the property boundaries requiring tree removal permits. Environmental Health: In a November 15 memo the Department recommends that the applicant comply with all applicable laws and regulations pertaining to air pollution which are: registration of all gas and woodburning devices in a building, compliance of air quality regulations and ambient air quality standards. The 3 applicant should contact the office for comment should mine waste, waste rock or mine dumps be encountered during the excavation phase of the project. Disposal of such materials off - site is discouraged due to the possibility of excessive heavy metals being present in the soil. STAFF COMMENTS: A. Proiect Description The project site is located at the corner of Cooper and West End Street, zoned RMF. The site consists of two parcels divided by the alley. Each parcel is 18,000 square feet. The parcel is now vacant. A single family residence was recently demolished pursuant to a legally obtained demolition permit. The two parcels are to be developed as one site. B. Review Process 1. GMQS Exemption for Replacement - The applicant seeks a GMQS exemption, from the Planning Director for the replacement of the one single family home. 2. GMQS Exemption Conditional Use Review for Accessory Dwelling Units - The applicant proposes to develop 4 accessory dwelling units on site. Pursuant to Section 5 -206 accessory dwelling units are a conditional use review by the Commission subject to a public hearing. Pursuant to Section 8 -104 B.1.d., accessory dwelling units are exempt from GMQS by the Commission. However the exemption applies to the development of no more than one accessory dwelling unit per each dwelling unit on a parcel containing a detached residential unit or a duplex. The Land Use Code does not enable a GMQS Exemption for accessory dwelling units in a multi - family development. The Code does, however, enable the Council to exempt deed restricted affordable housing units from GMQS. The difference being accessory dwelling units are not defined as affordable housing that is deed restricted to price and income guidelines. Thus, the proposed accessory dwelling units do not comply with the exemption provisions of the Code. If the applicant wishes to deed restrict the units to low, moderate or middle price guidelines than the units may be exempted by Council. 3. Subdivision - Subdivision is a two step process first to the P &Z then to Council with a public hearing at P &Z. Pursuant to Section 7 -1004 C.1., the general requirements for subdivision are as follows: 4 1.(a) The proposed development shall be consistent with the Aspen Area Comprehensive Plan. RESPONSE: The Land Use Plan identifies this site as "Mixed Residential" and the underlying zoning is RMF. The proposal is a multi - family development permitted in this zone district. The project is consistent with the Land Use Plan as it adheres to the mixed residential nature of the site. (b) The proposed subdivision shall be consistent with the character of existing land uses in the area. RESPONSE: The project is consistent with the character of the neighborhood. The surrounding land uses are high density multi- family, duplex and some singly family residential. (c) The proposed subdivision shall not adversely affect the future development of surrounding areas. RESPONSE: The proposed multi - family development is compatible with surrounding development. The neighborhood is tourist oriented with many short term rental complexes. A high density development should not impact the neighborhood in a negative manner. To concentrate higher density in this area is advantageous within close proximity to transit and retail /commercial services. (d) The proposed subdivision shall be in compliance with all applicable requirements of this chapter. RESPONSE: Subdivision requires new dwelling units to provide affordable housing. The applicants maintain that the 9 free market units are being developed using Lipkin development rights obtained during a settlement between Aspen Mountain Park Partnership (AMP), the City of Aspen and the Smuggler Trailer Park Homeowners Association. The settlement entitled AMP to 19 development rights that were exempt from review under the Growth Management Quota System. The development rights are, however, subject to all other applicable review processes set forth in the Municipal Code of the City of Aspen. Staff contends that this is a threshold issue. If the applicant is to provide affordable, deed restricted, housing on -site then the site plan and the combination of units may change. Staff is hopeful the issue will be resolved during the City Attorney's presentation to Council at their January 22 meeting. The threshold issue should be resolved before the P &Z makes a recommendation on this proposal. Staff has, however, reviewed the conditions of subdivision that are relevant to the proposal as submitted. 5 Pursuant to Section 7 -1004 C. 2 - 5, the pertinent subdivision requirements are as follows: 2. (a) Land Suitability - The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. RESPONSE: There are no natural hazards that exist on the site that would endanger the welfare of future residents. (b) Spatial Pattern - The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. RESPONSE: There are no unnecessary public costs associated with this proposal. According to the application all public improvements to serve the project will be borne by the applicant. 3 & 4. Improvements and Design Standards - following is a review of the relevant subdivision standards: (a) WATER- according to the application water service will be provided via the area's existing mains. The 14 inch main on Cooper Street will be tapped with an 8 inch line and valve to be installed in West End Street. A service line will be extended from the 8 inch main to the units located on Parcel A and a second service line will extend from the 6 inch main in Durant to the units located on Parcel B. Please see Water Department referral comments. The Department strongly recommends that the 8 inch main be extended to the 6 inch main in Durant Street so as to provide an interconnect to increase fire flows for the neighborhood. (b) SEWER- according to the application the proposed development will be served by the existing 8 inch sanitary sewer located in the alley. Please see ACSD referral comments. There is sufficient treatment capacity to service the project however there are significant downstream constraints in the collection system requiring an upgrade before the project could connect to the system. The applicant will commit to the required upgrade as a condition of subdivision approval. The ACSD is also concerned that their ability to maintain the system may be impaired if the project is allowed to encroach into the public right of way. The service tunnel under the alley must be designed in a manner to allow for future sewer line grade 6 changes as needed. Snowmelt can not be accepted directly into the system. All snowmelt, foundation drains or outside floor drains must be connected to a dry well of the storm sewer. (c) ELECTRIC, TELEPHONE, NATURAL GAS AND CABLE TV- according to the application, these services are presently located in the alley between parcels A and B. They will be extended to service the development and will be underground. (d) EASEMENTS- utility easements will be provided and will be included in the subdivision agreement and depicted on the final plat. According to the referral comments from the Engineering Department, existing easements should be confirmed, and ones to be vacated should be identified. (e) SIDEWALK, CURB, AND GUTTER- the applicant has committed to the installation of sidewalk, curb, and gutters along all street frontages. However the policy for public improvements in the right -of -way in unclear. Until such time that the policy is made clear the applicant's improvement proposal should only exist in the subdivision agreement together with an agreement to join any future improvement district. At such time that the applicant develops the public improvements the Parks department shall be consulted regarding the trees along the Durant Avenue and West End Street. (f) FIRE PROTECTION- according to the application the project is 6 blocks from the fire station. A fire hydrant is located at the southeast corner of the property and another across the street from the property at the corner of Cooper Avenue and West End Street. The alley provides access into the proposed development in case of an emergency. (g) DRAINAGE- as previously discussed the snowmelt facility and outside floor drains must connect to a dry well of the storm sewer not directly to the sewer. The project will maintain the historic flow rates for surface water runoff and groundwater recharge. On -site drywells will be used to accept runoff from building roofs and impervious areas. A detailed drainage plan will be submitted at the time of final plat submission. (h) ROADS- the subgrade parking garage will be entered off of the alley. It is necessary for the applicant to obtain an encroachment license to connect the two parcels via an underground garage. At a March 1989 meeting between the previous City Engineer and interested individuals, staff indicated that the staff and council may not be in favor of the encroachment. 7 Approval of the project shall be conditioned upon approval of the encroachment license. The Planning staff believes that one exit and entrance to the garage will have less impact on the surrounding road system. In addition, the underground garage eliminates the eyesore of surface parking. The garage also enables the project to provide almost one parking space per bedroom including parking for the accessory dwelling units. No new road improvements are anticipated due to the development of this project. 5. FINAL PLAT- the Code requires the preparation of a final plat before City Council reviews the subdivision application. The applicant intends to delay the preparation of the final plat until after Council review thus incorporating project revisions at that time. The submission of a final plat for staff review shall be a condition of approval. RECOMMENDATION: Pending the Council's resolution for the PC) of affordable housing, staff recommends approval with e f T ollowing conditions: he accessory dwelling units shall be deed restricted units C\4„ "��� o price and income as a GMQS Exemption is unavailable for accessory dwelling units in a multi - family building. © It is also necessary for the applicant to identify how many of the 19 development rights have been committed to other projects. projects./904-u-JLZbAjo CI A title company policy is needed in order to confirm the presence or of easeme is hic may or may not need to be vacated. Qoo' ' s The City accepts the offers of construction of right -of -way " 5 � n improvements as a promise to do so at such time as a City -wide TQ, policy is established. This should be written into the subdivision agreement together with the agreement to join any future improvement districts. Ample clearance into the undergroun .garage is nec ssary for proper trash collection. CU/ - 7L / ii Project approval shall be conditioned upon r ceiving an croachment license for the parking garage. e ha_ L ^ P cgit � A drywell sy should be used for snowmelt water. T 8. A portio o f a jt the existing fencing should be relocated immediately because it is in the public right -of -way and blocks 8 • 1, - 4 public use of the sidewalk area. 1 ;9. The applicant must provide easement for transformers and utility pedesta s as needed so none are located in the alley i ( right- of- way, ___(/ t ut- 10. The City requests that if any boulders larger than 36" are excavated on the site and are not needed that they be provided to the City. The applicant shall demonstrate that the historic drainage b �' . tern will not be affected. 12. The are significant downstream constraints in the collection system that have to be ungraded for the project, � cot i s estimated to be $50,000. 0 00. se E,y bu bv�w -��..n �2. �.k,ryr� /�o,. Q �3 (i( 13. Encroachment into the public right -of -way ability to maintain the system may be impaired. Detailed plans and profile C 1 " drawings and cut sheets for vehicle access showing the sewer line r aYjA profile is necessary for further comment. P A 14. The service tunnel under the alley will have to be designed 5 in a manner that would allow for future sewer line grade changes as needed. k> 1 All snowmelt facilities, foundation drains or outside floor ins must be connected to a dry well of the storm sewer, in accordance with the Clean Water Act. j9) The applicant give serious consideration to extending the 8" ( Itn to the 6" Main in Durant Street to increased the fire flows for the neighborhood. The applicant, when a sidewalk is installed will do so in a �� manner so as not to remove the 6 large spruce trees on West End Street. Removal of any tree larger than 6" in caliper shall ca• $ require a tree removal permit. Every effort should be made to •1 / ^ preserve the clump of large trees at the garage ramp location. 18. The applicant shall comply with all applicable laws and regulations pertaining to air pollution which are: registration of all gas and woodburning devices in a building, compliance of air quality regulations and ambient air quality standards. The applicant should contact the office for comment should mine waste, waste rock or mine dumps be encountered during the excavation phase of the project. Disposal of such materials off - site is discouraged due to the possibility of excessive heavy metals being present in the soil. 9 .-, Y _ ' 5 Z h 6- ' .«g { _ na a.r- \na \l > -= O - ¢ is 2 I ] m N N a W a ■— F- o t - a o Z - 5 _ CC A 15 _ p _ l' .: E p J d _ Z _ i 3 s a W E U 0 O O N O 3 _ 3 - W - C e= r 2 0 0 W i 5 E . J C W E 9 4- g W .. t 9 0 . • • ` d o • z9 .. _ OF 1S aN3 17: 9 1:' fi ill A 1 5 ' C r5 Ju '. Ki A .B� eG two ' : 8 s I d sR I f 8 1 S A i (O 1 A 1 ,� _ i - I I W Q la 9 �� (� \ ��^ _ a I 1 � \� ; C N ^ rcF , LI /7 8- (<17\) N \ 4 • 8 / F at na/' 51 W J a J S J W e / r.7� -. k pQ \ ] 5 ww a - OH9 \ : V4,, it t! /'. I \ [J� • t 2 i ` 9e ] U R• n 7 ! di i \ se «oa a. . , I r s R y.) T a I — 1 m 1 e w t \ — „ i - - V F -- _ _ + i Eiiii4 II ey� AIgF3i I YM it ai. ger gig COOPER AVE (HWY 82) N. � • . c.. it L , - .. _I A Z PUBLIC ALLEY w F rn 3 r 'I r L . • _ _ ___,, ,,,, ., , i 1- t . , 1 DURANT AVENUE � SITE DEVELOPMENT PLAN ! LEVEL 3 PLAN - GROUND` rn6' . I' -0' NORTH F r 1 IOWtM01S3 3 ■ z 5 — COOPER AVE (HWY 82) - "` r j— ( - - _ •� r Z - PUBLIC ALLEY W rx -- r ,. ..—M _ r t F y r L ' i� t ^ v) ;I s _. > .: s 1 NAIL y _ \� 1 1-N _- _, - l DURANTAVENUE SITE DEVELOPMENT PLAN / LANDSCAPING PLAN .} LEVEL 3 PLAN - GROUND • i 1 I TOWNHOUSES =i 1 a 1 ' COOPER AVE (HWY 82) - - r . I I j I I 1 ■ t R III RR u 3 r �. ® � L. sroar cc " '- u -...1 _ • �,-_"' • r I 1 I I i 1 6 /9 l III II^ i l 1 / '\ . 'I I. 1 I`. L J I f 1 1 A., 4444 _ E-F V) 7 'I _1 A k 6� .. I .I `\: II V ' � ` � — J � X1 / ` �� �v / V1 \ t : ._ _ — — --- _— _ III I DURANT AVENUE LEVEL 1 PLAN GARAGE /1/16' = 1'Q' NORTH TOWNHOUSES a 9 — � J January , 1989 • To Whom It May Concern: This will confirm as accurate that: 1. By virtue of (i) the Precise Plan and Subdivision Agreement for Smuggler Mobile Home Park recorded in Book 424 at Pages 780, et sea., of the Pitkin County, Colorado real property records ( "Records "), and the completion of the development activity contemplated therein, and (ii) the PUD and Subdivision Agreement for The Pitkin Reserve recorded in Book 423 at Pages 417, et sea., and Amendments thereto recorded respectively in Book 447 at Pages 59, et sea., and in Book 468 at Page 853, et sea., of the Records ( of the foregoing described recorded agreements being herein collectively referred to as "Land Use Agreements "), Pitkin Limited, a Colorado corporation, acquired from the City of Aspen, Colorado, and became entitled to nineteen (19) free market development rights ( "Development Rights "), which represent exceptions to and exemptions from the free market development allotment review processes of the Growth Management Quota System ( "GMP ") contained in Article 8, Sections 8 -101, et sea., of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, and from the GMP's predecessor designation (Article XI, Sections 24 -11.1, et sea.) of the Aspen Municipal Code. 2. By virtue of the Land Use Agreements, the Develop- ment Rights are freely transferrable and alienable by Pitkin Limited or, as the case may be, by any transferee thereof. 3. To date, six of the Development Rights have been utilized in connection with the subdivision known as The Pitkin Reserve. One Development Right is beinc utilized in connection with the Gordon Subdivision. No other applications for land use approvals or any other development activity of which we are aware has incorporated or is utilizing any of the Development Rights. 4. We are satisfied that all and any conditions precedental to the full vesting of the Development Rights in Pitkin Limited have been -:et, performed or satisfied. 5. The Development Rights are exempt from the Afford- able Housing Impact Fee created under Section 7 -1008 of the Aspen Municipal Code, effective May 25, 1988. You should be aware of the fact, however, that pursuant to the Land Use Agreements, the Development Rights represent exemptions from or exceptions to the GMP only and any development proposal utilizing all or any portion of the Development Rights is and shall be subject to all the applicable review processes set forth in the Municipal Code of the City of Aspen with the single exception of review under the GMP and the requirement therein of providing employee housing. Sincerely, ASPEN /PITKIN PLANNING OFFICE By 4 A an Richman, Planning Director •.PROVED AGE CONFIRMED: rea Gannett ta_ Starr Attorney wh3.51 ♦ MEMORANDUM TO: City Attorney City Engineer Housing Director Aspen Water Department City Electric Environmental Health Aspen Consolidated Sanitation District Parks Department FROM: Leslie Lamont, Planning Office RE: Oblock Townhouses Subdivision, Conditional Use, GMQS Exemption DATE: r ber 8, 198 Attached for your review and comments is an application submitted by Sunny Vann on behalf of his client, The Oblock Partnership, requesting Subdivision approval as well as approval of Conditional Use and GMQS Exemption. Please review this material and return your comments to me no later than November 20, 1989. Thank you. MEMORANDUM To: Leslie Lamont, Planning Office From: Chuck Roth, Interim City Engineer Date: November 19, 1989 Re: Oblock Townhouses Subdivision, Conditional Use, GMQS Exemption Having reviewed the above referenced application and having made a site inspection, the Engineering Department has the following comments: 1. A title company policy is needed in order to confirm the presence or lack of easements which may or may not need to be vacated. 2. Current City policy regarding improvements in the public right -of -way is unclear and in a developmental stage. At this time, it appears that paving of alleys and installation of new curb and gutter and new sidewalk is prohibited. New policies may be in effect by the time that the project goes to construction. The City accepts the offers of construction of these improvements as a promise to do so at such time as policy is established. This should be written into the subdivision agreement together with the agreement to join any future improvement districts. In the meantime, the improvements cannot be constructed. The staff and council should take note that (1) there is currently a sidewalk in place in front of the property adjacent to the Oblock parcel on the Cooper Avenue frontage; and (2) there is an unpaved portion of Cooper Avenue between where the current edge of pavement is and where the curb and gutter would be. This space is a road base surface and is used for parallel parking along Cooper Avenue. Pending future design considerations, the curb and gutter along the Highway 82 /Cooper Avenue frontage may be installed nearer than typical to the property line in order to allow some pavement width for bicycle usage, in conjunction with the widening which was constructed east of there this summer for bicycles. Staff and council may also want to consider requiring the applicant to prune up the trees in the public right -of -way to a height of seven feet above grade so that people are able to walk in the sidewalk area. 3. Trash collection - There have been problems with at least one other project which promised to provide trash collection in an underground garage. As constructed, the clearance for the entry to the garage was insufficient for access by trash collection /^ 1/40i ASPEN *PITKIN ENVIRONMENTAL HEALTH DEPARTMENT Oblock Townhouses Sub. Cond. Use. November 15, 1989 Page 2 Ordinance 86 -5 which describes types and numbers of woodburning devices that can be installed. Regulations 1,3 and 8 of the Colorado Air Oualitv Control Regulations and Ambient Air Oualitv Standards. These regulations address fugitive dust control plans, emission control permits, and demolition of buildings which may contain asbestos containing material. NOISE: No long term noise impacts are anticipated on the immediate neighborhood as the result of this projects approval. However, it is predicted that short term noise impacts on the neighborhood will occur during the construction phase of this project. Should complaints be received by this office, Chapter 16 of the Aspen Municipal Code, titled Noise Abatement will be the document used in the investigation. CONFORMANCE WITH OTHER LAWS: Not applicable. CONTAMINATED SOILS: The applicant is advised to contact this office for comment should mine waste, waste rock or mine dumps be encountered during the excavation phase of the project. Disposal of such materials off -site is discouraged due to the possibility of excessive heavy metals being present in the soil. This is not a requirement, but simply a request based on past experience in dealing with mine waste and possible negative impacts to humans. 130 South Galena Street Aspen, Colorado 81611 303/920 -6070 1EMORANDt'M TO: Lesite Lamont. Ntannmg (.)ttice FROM. Bill `. - meat DATE: November 20 1989 qc t tilt Townhouses c division 1 !net with ,unnv `s-ann on Uctoher 3 to discuss the vegetation located within the public right - of -way' which abut the property- also. the natural - vegetation within toe pvonerib tiouthiaY r,vn rssed as re ri !s!\* the applicant will install a sidewalk around the nerirrIerV n1 the nrnnerty s not to rem the )h large spruce trees. 'rifest r r.,. The Parks Department will approve retrottaf of some of the small deciduous g nftthin .hn frnnnr +.- hnl! i 7r:nc .. . Vi. 114... ..... yl.c .tVi S }Zi c ME it call. Aspen consolidated Sanitation District 565 North Mill Street Aspen, Colorado 81611 Tele. (303) 925 -3601 Tele. (303) 925 -2537 p. ember 28, 1989 Leslie Lamp - - ng office 130 S. Galena St. Aspen, CO 81611 Re: Oblock Townhouses Subdivision Dear Leslie: Our initial comments on this project are summarized in a letter from Dean Gordon, the project engineer, to Sunny Vann, the applicant's representative. The letter was sent on 9- 18 -89, and is included in the application as exhibit 1. We have sufficient treatment capacity to serve this project at this time. There are however significant downstream constraints in our collection system that would have to be upgraded in order for us to allow this project to connect to our system. The cost of the downstream upgrading is estimated to be approximately $50,000 and this amount would have to be deposited in escrow with the District prior to our approval for service. The District does not share development costs for projects, instead we require that each development pay for it's impact upon our system. From reviewing the application we have the following additional concerns. If the project is allowed to encroach into the public right of way our ability to maintain our system may be impaired. We will need detailed plan and profile drawings and cut sheets for vehicle access showing the sewer line profile for further comment. The service tunnel under the alley will have to be designed in a manner that would allow for future sewer line grade changes as needed. We are not allowed to accept snowmelt as proposed, all snowmelt facilities, foundation drains or outside floor drains must be connected to a dry well of the storm sewer, in accordance with the Clean Water Act. Please call if you have any questions. Sincerely, Bruce Matherly District Manager cc: Sunny Vann Vann and Associates CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 9/29/89 PARCEL ID AND CASE NO. DATE COMPLETE: 2737- 182 -38 -001 94A -89 STAFF MEMBER: /2.- PROJECT NAME: Oblock Townhouses Subdivision, Conditional Use, GMOS Exemption Project Address: Legal Address: Lots D -I and N -S, Block 112 APPLICANT: The Oblock Partnership Applicant Address: 400 West Main Street, Suite 100, Aspen, REPRESENTATIVE: Sunny Vann, Vann Associates. Inc. Representative Address /Phone: 230 0eE. Hopkins PAID: YES NO AMOUNT: $1580.00 NO. OF COPIES RECEIVED: 6 TYPE OF APPLICATION: 1 STEP: 2 STEP: 5 0,3{ - P &Z Meeting Dat S u PUBLIC HEARING: A YES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES O b,a %/ VESTED RIGHTS: YES NO n Paid: Planning Director Approval: Date: Insubstantial Amendment or Exemption: REF LS ity . Attorney Mtn. Bell School District Rocky Gas /C City Engineer Parks Dept. State Mtn Hwy Nat Nat Gas Housing Dir. Holy Cross Aspen Water Fire Marshall State Hwy Dept(GJ) City Electric Building Inspector /Envir. Hlth. Roaring Fork Other \/ Aspen Consol. Energy Center S.D. p fir DATE REFERRED: // /o INITIALS: 7J FINAL ROUTING: DATE ROUTED: 90 INITIAL: C`�X�/ ity Atty City Engineer Zoning _ Env. Health -lielousing Other: (DM) FILE STATUS AND LOCATION: ( L' e ' a r ozr\ c3 y : i') . As PUBLIC NOTICE - y ■ Oblock Subdivision, Conditional Use and Growth r � Management Exemption P 7 .1 i/ \ NoTICj 1'y B hat a public hearing will be held en A p Tuesday ` 1ecember 19, 1989 :t a meeting to begin at 4:30 pm ,_ •-- _ •spen • anhin• and Zoning Commission, 2nd Floor Meeting Room, i •u h Galena Street, Aspen, Colorado to consider an application submitted by The Oblock Partnership requestin g Subdivision, Conditional Use Review and Growth roval. dingThe ont applicanen .. propeoses rkt CO n struc t t Exemptica aPP construct two multi - family buils caining t fre mae and four accessory dwelling units on the property located on Lots D -I and N -S, Block 112, City and Townsite of Aspen which is on West End Street between Cooper and Durant Streets. This is property contains 36,000 square feet and is zoned R /MF. For further information, contact920 5 gp en /Pitkin Planning , 0ffi,Pg: 130 S. Galena St. Aspen, `` WW s /C. Welton Anderson. Chairman � \ ti I Ca , 0 tie 6) Planning and Zoning Commission , blished v u in The Aspen Times on November 30, 1989. C" City of Aspen Account. ,-° 'fv LAW OrrKCS ,..� OATES, HUGHES & KNEZEVICH PROFESSIONAL CORPORATION SUITE 200 BOO CAST HOPRINS AvENUC LEONARD M. OATES ASPEN, COLORADO woo ROOCRY W. HUGHES — \ AREA CODE 303 RICHARD A. RN EZ CVICN TELEPHONE 920 DEBORAH ONMM TCLCCOPIER 920—His BRADLEY S. ABRAMSON . + ch 30, 1983 Mrs. Phoebe Ryerson 0247 Willoughby Way Pitkin County, Colora4o • Re: The Pitkin Reserve Dear Phoebe: This is a brief history of the events that led to the discretionary land use approvals by the City of Aspen for The Pitkin Reserve. This is long overdue in getting to you; I apologize. In any event: In January of 1978, William A. Levin, Alexander E. Lipkin, and Thomas A. Pollak, doing business as Aspen Mountain Park ( "AMP ") acquired title to the Smuggler Trailer Park from Jesse and Esther Maddalone and Nelson and Shirley Smith. During the preceding summer and fall, when news of the pending sale became public, Messrs. Levin, Lipkin and Pollak met with members of an association of the tenants at the trailer park who were concerned about rental increases for their mobile home spaces, which were compelled by the arrangements of AMP for financing its purchase of the Park. These meetings culminated in a Memorandum of Understanding between AMP and the tenants concerning the terms of a reac- quisition of the park by the tenants from AMP. Because subdivision activities would be involved, the proposal would have to be approved by the City. Moreover, the City in its own right was understandably concerned about rental increases in the park since it served a significant role in the City's employee housing stock. The proposal set forth in the Memorandum of Understanding was presented in an open public meeting of both the City Council and the City P & Z, and while that proposal was not acceptable to the City, the principals (i.e., AMP and the tenants) were encouraged to continue their efforts. ,— sy 1TES, IluciicS & KNEZEVICII, P. Mrs. Phoebe Ryerson March 30, 1983 Page 2 Thereafter, following a subsequent announcement by AMP of a rental increase and, in reponse, the institution and notice by the City of condemnation proceedings against the park under its housing'and urban renewal authority, the City, the tenants and AMP arrived at an Agreement in Principle whereby AMP was to sell the park to the tenants, the City was to arrange the financing for the sale, AMP was to develop additional employee housing at the park and was to receive free market unit development credit under the City's existing ordinance (i.e., the 70:30 Ordinance) allowing for exemptions from the development allotment procedure of its Growth Management Plan in exchange for the development of new employee housing. • The Agreement in Principle was never implemented because the City was unable to arrange the financing when the money market began to escalate and the City was advised that it could not undertake the financial risk involved in underwriting the venture. Negotiations nonetheless con- tinued between the parties and during the summer of 1980 several proposals were discussed in open public work sessions, with the tenants, AMP, City staff members and the City Council. The various proposals were also set forth in the Aspen Times. The end result of these negotiations was the Settlement Agreement of September 22, 1980, pursuant to which AMP (i) virtually guaranteed (at its considerable risk) the financing of the tenants so that they could acquire the park; (ii) committed approximately 1/4 million dollars to park improvements (to date in excess of half a million dollars of improvements have actually been installed and the work is not yet completed); and (iii) committed to install more employee housing units at the park. In ex- change, AMP was to receive free market development credit. The Settlement Agreement was placed on the September 22, 1980 City Council agenda and was roundly discussed and debated (and modified somewhat) and finally approved by a majority vote of the City Council members. The Settlement Agreement, in fact, provided no more than a conceptual framwork against which future land use proposals of AMP might be reviewed. It altered no rights of the City or of AMP. Consisitent with all its other.duties and obligations, the City agreed only to employ its best efforts to work to implement the terms of the Settlement. t %.TES, HUGHES 8: KNEZEvlcIT, P. C. Mrs. Phoebe Ryerson March 30, 1983 • Page 3 At the time, however, AMP owned no land on which it could employ the development rights contemplated by the Settlement Agreement. Shortly and purely coincidentally thereafter, the Aspen Institute began to run newspaper ads in the Aspen Times offering for sale the twenty -six or so acres that it owned and which is now The Pitkin Reserve. AMP acquired title to the tract a few months later. Because the property was in the County and AMP's development rights were in the City, it was necessary to annex the property to the City. This was accomplished upon the joint petition of both AMP and the County - the only owners of land in the area to be annexed. Additionally, in an open public meeting of the Commissioners, the County granted to AMP an exemption of the tract from the County's subdivision regulations since all development activity would be reviewed by the City. In connection with this proceeding, the County was presented with AMP's conceptual scheme (i.e., number and clustered location of homes) for the development of the property, including the intention permanently to restrict in excess of 18 acres to open sapce. • As is permitted by state law, annexation pro- ceedings then occurred simultaneously with the processing of the development proposal for the property through the City's rigorous subdivision regulations. The annexation pro- ceedings were, of course, publicly noticed and debated at regularly scheduled City Council meetings. At the same time, development plans for the renovation and sale of the Smuggler Trailer Park were being processed through the City's development review regulations. Also during this time frame, after several public hearings and following the recommendations of the Housing Task Force Advisory Board in its various written reports, the City adopted an ordinance whereby a developer could receive free market development credit (i.e., exemptions from the Growth Management Plan allotment procedure) upon the conversion of existing • uncontrolled to deed restricted' employee housing. As a result of the adoption of this (85:15) Ordinance, together with the existing 70:30 Ordinance, AMP received 19 free market development rights in exchange for its conversion from uncontrolled to deed restricted parcels of the 87 (- ATE$, Fiuciics & i{NEZEVICII, P. Mrs. Phoebe Ryerson March 30, 1983 Page 4 mobile home spaces at the Smuggler Trailer Park and its installation of 17 new deed restricted employee housing mobile home units. At first 12 and now, after further refinement to the development plan, 9 of these units are to be installed at The Pitkin Reserve. As you well know, the process of obtaining the development approvals for The Pitkin Reserve took in excess of one year. There were several public meetings during this time and the development proposal was vigorously debated, critiqued and improved upon. During the process, the City and its demanding staff exacted several concessions from AMP, including commitment to a greater capital outlay for Smuggler Trailer Park improvements and increased downzoning for The Pitkin Reserve. At the time, having to make these concessions was somewhat frustrating because they represented sizeable retreats from the position that AMP thought it had secured in the Settlement Agreement. The end product, however, we all feel somehow justifies the frustration and economic concessions. Perhaps Bill Dunaway said it best in a September 24, 1981, editorial: "Aside from leaving the land (Pitkin Reserve) vacant, which is an unrealistic dream for a private tract, it is hard to conceive of a better development plan for the twenty -six acres. It leaves twenty - one acres as open space and provides for fewer units at less bulk and height than would be allowed under either City or County zoning. Alternatives to Pitkin Reserve would have more negative impacts on the neighborhood * * * It would be a good development plan for the site without the Agreement, but by assuring preservation of eighty -seven existing low -cost employee units and allowing the residents who live there and are of inestimable value to the community to purchase their lots, it benefits everyone." ( )ATES, IjUGIIES & KNEZEVIC? ^ a . C. \,r• Mrs. Phoebe Ryerson March 30, 1983 Page 5 I personally find the suggestion sometimes made that somehow all of this evolved out of a secret, hastily arrived at private deal to be offensive and startlingly inaccurate. The review process - the vigorous debate that attended the matter and the concessions from the developer therefrom resulting - speaks ably and well for itself. So, too, in my opinion does the nearly three and one -half years expended by Messrs. Levin, Lipkin and Pollak in their commitment to the process as a means of solving the dual problems of employee housing and quality development. The land use review processes were meticulously followed throughout in this case, and I firmly believe that the experience of The Pitkin Reserve and of the Smuggler Trailer Park demonstrates that the process works. • I hope this answers your questions and concerns. If you require anything further, please do not at all hesitate to ask. Sincerely, i OATES, HUGHES & KNEZEVICI , P.C. � BY . t L R..ert W. Hughes`-' RWH /caa cc: Alexander E. Lipkin ENCROACHMENT AGREEMENT THIS AGREEMENT made and entered into this day if 1990, by and between the CITY OF ASPEN, Pitkin County, Colorado (hereinafter referred to as "Aspen ") and HOWARD BASS and HARRIS A. CAHN, sometimes known as Bass -Cahn Properties, and hereinafter collectively referred to as "Licensee." WHEREAS, Licensee is the owner of the following described property located in the City of Aspen, Pitkin County, Colorado: Lots D, E, F, G, H, I, N, 0, P, Q, R and S, Block 112 City of Aspen, Pitkin County, Colorado (hereinafter the "Project Site "). WHEREAS, said property abuts the public alley running generally east -west that bisects Block 112, City of Aspen, Pitkin County, Colorado, and connects West End and Original Streets. WHEREAS, Licensee desires to encroach upon and below said right -of -way in order to construct (including excavation), maintain and thereafter utilize for its intended purpose a below -grade vehicular and pedestrian tunnel, which is to connect two below -grade parking facilities to be constructed on the Project Site on either side of the alley. WHEREAS, Aspen agrees to the grant of a private license of and for an encroachment to be built subject to certain conditions. THEREFORE, in consideration of the mutual agreement hereinafter contained, Aspen and Licensee covenant and agree as follows: 1. A perpetual private license is hereby granted to Licensee to occupy, maintain and utilize the above - described portion of the public right -of -way and beneath it for the sole purpose described. 2. This license shall be subordinate to the right of Aspen to use said area for any public purposes. 3. Licensee is responsible for the maintenance and repair of the public right - of -way, together with improvements constructed therein, which Aspen, in the exercise of its discretion, shall determine to be necessary to keep the same in a safe and clean condition. 4. Licensee shall at all times during the term hereof, carry public liability insurance for the benefit of the City with limits of not less than those specified by Section 24 -10- 114, C.R.S., as may be amended from time to time, naming the City as co- insured. Licensee shall maintain said coverage in full force and effect during the term of this License and shall furnish the City with a copy of such coverage or a certificate evidencing such coverage. All insurance policies maintained pursuant to this Agreement shall contain the following endorsement: It is hereby understood and agreed that this insurance policy may not be canceled by the surety until thirty (30) days after receipt by the City, by registered mail, of a written notice of such intention to cancel or not to renew. 5. Licensee shall save, defend and hold harmless against any and all claims for damages, costs and expenses, to persons or property that may arise out of, or be occasioned by, the use, occupancy and maintenance of said property by Licensee, or from any act or omission of any representative, agent, customer and /or employee of Licensee. 6. This License may be terminated by Licensee at any time and for any reason on thirty (30) days' written notice of Licensee's intent to cancel. This License may be terminated by Aspen at any time and for any reason by resolution duly passed by the City Council of the City of Aspen. Upon termination, Licensee shall, at Licensee's expense, remove any improvements or encroachments from said property. The property shall be restored to a condition satisfactory to Aspen. 7. This License is subject to all state laws, the provisions of the Charter of the City of Aspen as it now exists or may hereafter be amended, and the ordinance of the City of Aspen now in effect or those which may hereafter be adopted. 8. Nothing herein shall be construed so as to prevent Aspen from granting such additional licenses or property interests in or affecting said property as it deems necessary. 9 . The conditions hereof imposed on the granted license of encroachment shall constitute covenants running with the land, and binding upon Licensee, their heirs, successors and assigns. 10 In any legal action to enforce the provisions of this Agreement, the prevailing party shall be entitled to its reasonable attorneys' fees. 11. If the structure for which this License was issued is removed for any reason, Licensee may not rebuild in the same location without obtaining another encroachment license. 12. As soon following the construction of the tunnel as is practical, Licensee shall furnish Aspen with a complete set of "as built" plans and specifications for the tunnel and a centerline description of the area of the alley below which the tunnel is constructed, which 2 centerline description shall, as well, be incorporated into an Addendum to this Encroachment Agreement making specific reference hereto. Such Addendum shall be executed by the parties hereto and shall be placed of record in the Pitkin County, Colorado real property records. IN WITNESS WHEREOF, the parties executed this Agreement at Aspen the day and year first written. CITY OF ASPEN, COLORADO By William Stirling, Mayor ATTEST: Kathryn S. Koch, City Clerk LICENSEE: Howard Bass Harris S. Cahn STATE OF COLORADO ) ) s. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 1990, by Howard Bass.. WITNESS my hand and official seal. My commission expires: (SEAL. Notary Public. (Notarial Clauses continued on Page 4, following) 3 SUBDIVISION AGREEMENT FOR OBLOCK TOWNHOUSES THIS AGREEMENT is made and entered into as of the day of 1990, by and between THE CITY OF ASPEN, COLORADO, a municipal corporation and home rule city (hereinafter referred to as "City "), and HOWARD BASS and HARRIS A. CAHN (collectively sometimes referred to as "Bass -Cahn Properties" and hereinafter referred to as "Owner "), with reference to the following: RECITALS WHEREAS, Owner has submitted to the City for approval, execution and recordation a Final Subdivision Plat (hereinafter referred to as the "Plat ") concerning the construction of fourteen (14) fully self - contained dwelling units (comprising nine 3- bedroom and one 2- bedroom free market units and four studio accessory dwelling units) on real property owned by Owner more fully described as being (hereinafter referred to as the "Property "): Lots D, E, F, G, H, I, and N, 0, P, Q, R and S, Block 112 CITY AND TOWNSITE OF ASPEN PITKIN COUNTY, COLORADO The foregoing described project is to be known as the Oblock Townhouses and will be hereinafter referred to as the "Project "; WHEREAS, on February 6, 1990, the Planning and Zoning Commission of the City of Aspen granted the conditional use application for four (4) accessory dwelling units for the Project and recommended that the Aspen City Council grant subdivision approval for the Project, and on April 9, 1990, the Aspen City Council adopted its Ordinance No. 14 (Series of 1990), a copy of which is hereto annexed as Exhibit "A" ( "Ordinance 14 "), by which it granted subdivision approval for the Project and conferred upon the Project a vested right for the 3 -year period next succeeding the effective date of the ordinance in accordance with and pursuant to the terms of Section 6 -207 of the Land Use Regulations of the City of Aspen; WHEREAS, the Aspen City Council is willing to approve, execute and accept the Plat for recordation on the condition that Owner agrees to all matters contained in this Agreement; WHEREAS, the City desires to impose certain conditions and requirements in connection with its approval, execution and recordation of the Plat as are necessary to protect, promote and enhance the public welfare; WHEREAS, Owner is willing to acknowledge, accept, abide by and faithfully perform all of the conditions and requirements imposed by the City; WHEREAS, pursuant to Section 7 -1005 of the Land Use Regulations of the City of Aspen, the City is entitled to assurances that the matters hereinafter agreed to will be faithfully performed by Owner and his successor and assigns; and WHEREAS, Owner is willing to provide such assurances to the City. -2- C } • 4 . Durant Avenue, Cooper Avenue and West End Street frontages of the Project. The sidewalks shall conform to the guidelines set forth in any Pedestrian Walkway And Bikeway Plan currently in the process of being adopted, unless no such plan has been adopted by the time Owner undertakes to install the sidewalks, in which event the sidewalks shall be installed in accordance with the landscape plan, a copy of which is hereto annexed as Exhibit "B" (the "Landscape Plan "). 2. Curb and Gutter. Owner shall install, to then applicable City specifications, approximately 650 linear feet of curb and gutter along Durant Avenue, Cooper Avenue and West End Street in the proximity of the Project. 3. Additional Improvements. Owner shall implement, to the reasonable satisfaction of the City Engineer, the remaining improvements to be incorporated in and about the Project listed as items 3 -11, inclusive, in the letter dated August 6, 1990, from Schmueser Gordon Meyer, Inc. ( "SGM Letter "), a copy of which is hereto annexed as Exhibit "C ". 4. Financial Assurances. Owner agrees to secure the performance of the construction and installation of the foregoing described public improvements and to guaranty one hundred percent (100 %) of the estimated cost of such improvements, which estimated cost, as approved by the City Engineer, is agreed to be $107,871.00, as more particularly set forth in the SGM Letter. Owner shall guaranty such cost in the form of a cash escrow with the City, or a bank or savings and loan association, or by an irrevocable sight draft or letter of -4- A GREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals, the mutual covenants herein contained, and the approval, execution and acceptance of the Plat for recordation by the City, it is mutually agreed as follows: A. Construction Schedules The City and Owner acknowledge that exact construction schedules cannot be determined or agreed to at this time. It is, however, anticipated the construction of the Project will begin no later than three (3) years from the vesting of the Owner's property rights in the Project or by April 9, 1993. Thereafter, construction shall proceed apace in accordance with the provisions of the Uniform Building Code, 1979 edition, as adopted and amended by the City and codified in Article V, Section 7.140, et seq., of the Municipal Code of the City of Aspen, Colorado. At the time of application for a building permit for any portion of the Project, including the installation of Public Improvements, Owner shall provide the City Engineering Department with a precise construction schedule for that particular phase of construction, to the reasonable satisfaction of the Engineering Department and Chief Building Official. B. Construction of Public Improvements Prior to and as a condition to the issuance of a Certificate of Occupancy for any of the dwelling units comprising the Project: 1. Sidewalks. Owner shall install, to then applicable City specifications, approximately 650 linear feet of concrete sidewalks in the public rights -of -way adjacent to the -3- assessment or tax accomplishes an equitable allocation of expenditures among the properties to be served by the installation of such improvement(s). Furthermore, Owner agrees to join, upon demand by the City, any improvement district formed for construction of such improvement(s) including, without limitation, drainage, underground utilities, paving, curbs, gutters, sidewalks, street lights, etc., in the area of the Project or to reimburse the City of Aspen directly, upon demand therefor, if the City should choose to construct these improvements without the formation of such a district; provided that any such reimbursement by Owner to City accomplishes an equitable allocation of the costs of such improvement(s) among the properties benefitted thereby. D. Storm Water Drainage Plan Prior to issuance of a building permit for any portion of the Project, Owner shall prepare and submit, for the review and reasonable approval of the City Engineering Department, a storm water drainage plan complying with the guidelines set forth in Section 7- 1004C.4.f of the Land Use Regulations of the City of Aspen, which plan shall include a demonstration that the historic drainage pattern in the vicinity of the Project will not be adversely affected thereby and that, in accordance with the Clean Water Act, all and any snow melt facilities, foundation drains or outside floor drains incorporated into the Project are to be connected to a drywell or the storm sewer. Evidence of the acceptance of such plan by the Engineering Department shall be presented to the authority issuing the building permit. E. Downstream Collection The Aspen Consolidated Sanitation District (the "District ") has, in response to the approvals given by the City for the Project, conceived and implemented, at a cost of $67,500.95, -6- commitment from a financially responsible lender that funds in the amount of such estimated cost are held by it for the account of Owner for the construction and installation of the foregoing described public improvements. This guaranty shall be delivered to the City prior to the issuance to Owner of a building permit for any part of the Project, shall be in a form acceptable to the City Attorney, and shall give the City the right, upon clear and unequivocal default by Owner, to withdraw funds as necessary and upon demand, partially or fully to complete or pay for any of the foregoing described public improvements or pay any undisputed outstanding bills for work done thereon by any party, with any excess guaranty amount to be applied first to additional administrative or legal costs associated with any such default before the unused remainder (if any) of such guaranty is released to Owner. As portions of the required improvements are completed, the City Engineer shall inspect them, and upon approval and written acceptance, he shall authorize the release from the guaranty delivered by Owner of the agreed estimated cost for that portion of the improvements, as set forth in the SGM Letter, except that ten percent (10 %) of the estimated cost shall be withheld until all proposed improvements are completed and approved by the City Engineer. C. Improvement Districts In the event that any municipal improvement(s) of the kind contemplated in Section 7- 1004C.3. of the Land Use Regulations of the City of Aspen becomes in the sole judgment or discretion of the City necessary or desirable to the area of the Project, Owner will make no objection to any special assessment or special tax or proceeding therefor on the basis that the Property is adequately served by existing improvements or on the basis that the Property will not be served or benefitted by the improvement(s) proposed; provided that any such -5- thereof, which estimated cost, as approved by the City Engineer, is agreed to be $49,195.00, as is more particularly set forth in the detail of landscaping costs hereto annexed as Exhibit "D ". Owner shall guaranty such cost in the form of a cash escrow with the City, or a bank or a savings and loan association, or by an irrevocable sight draft or letter of commitment from a financially responsible lender. This guaranty shall be delivered to the City prior to the issuance to Owner of a building permit for any part of the Project, shall be in a form acceptable to the City Attorney and shall give the City the right, upon clear and unequivocal default by Owner, to withdraw funds as necessary partially or fully to complete or pay for any landscaping improvements or for the maintenance thereof or pay any undisputed outstanding bills, with any excess guaranty amount to be applied first to additional administrative or legal costs associated with any such default before the unused remainder (if any) of such guaranty is released to Owner. As portions of the landscaping improvements are completed, the City Engineer shall inspect them, and upon approval and acceptance, shall authorize the release of the agreed estimated costs for that portion of the improvements, except that ten percent (10 %) shall be withheld until all proposed landscaping improvements are completed and approved, and an additional twenty -five percent (25 %) shall be withheld, which shall be retained until the improvements have been maintained in satisfactory condition for two years. H. Removal and Relocation of Trees Construction of the Project shall not impair, adversely affect or result in the loss or removal of the six (6) large spruce trees on West End Street and those along Durant Street, which trees are to remain where currently sited anU survive construction activities associated with the Project. No trees within the Project site with a caliper larger than 6" shall be removed 2 C� 8 , j a plan for the satisfactory mitigation of the anticipated impacts of the Project upon downstream sewage collection facilities. Prior to the issuance of a building permit for any portion of the Project, Owner shall reimburse the District for the costs of conceiving and implementing such plan or shall make suitably secure arrangements, satisfactory to the District in its reasonable discretion, for the reimbursement to it on a deferred basis of such costs. Evidence of such reimbursement or arrangement therefor shall be presented to the authority issuing the building permit. F. Regarding Existing Sewer Facilities in Alley. Prior to the issuance of an excavation permit for anticipated excavation beneath existing sewer facilities in conjunction with the tunnel to be installed to link the subgrade parking facilities to be constructed on either side of the alley that bisects the Project site, Owner shall demonstrate to the reasonable satisfaction of the authority issuing such excavation permit that the plans for the tunnel and parking facilities have been reviewed and approved by the District to its reasonable satisfaction and that any conditions made by the District to such approval have been effectively incorporated into the plans. G. Landscaping Improvements Owner shall install landscaping within the Project consistent with the Landscape Plan. The Landscape Plan depicts, inter alia, plant material, proposed treatment of ground surfaces and other landscape features. Landscaping shall be completed in an orderly, logical sequence consistent with planting seasons, climatological conditions and construction scheduling. Owner agrees to ensure implementation of the Landscape Plan and its maintenance for the 2 -year period next succeeding its installation and to guaranty 125% of the current estimated cost -7- r unit(s) to which such Accessory Dwelling Unit is appurtenant so choose. None of such Accessory Dwelling Units may be partitioned (through condominiumization or otherwise) from the principal residential dwelling units to or within which such Accessory Dwelling Units are attached or constructed. Prior to the issuance of a building permit for any portion of the Project, Owner shall record in the Pitkin County, Colorado real property records a deed restriction, in the form hereto annexed as Exhibit "E ", confirming the controlled housing nature of the four Accessory Dwelling Units to be incorporated into the Project. ` J. Non - Compliance and Request for Amendments `V / I I ." .. or Extensions by Owners i cUt_ /i In the event the City Council determines that Owner is not acting in substantial compliance with the terms of this Agreement, the City Council may issue and serve upon Owner a written order specifying the alleged non - compliance and requiring Owner to remedy the same within such reasonable time as the City Council may determine. Within twenty (20) days of the receipt of such order, Owner may file with the City Council either a notice advising the City Council that it is in compliance, or a written petition requesting a hearing to determine any one or both of the following matters: (i) whether the alleged non - compliance exists or did exist, or (ii) whether a variance, extension of time, or amendment to this Agreement should be granted with respect to any such non - compliance which is determined to exist. -10- without a valid tree removal permit having first been obtained from the City. In conjunction with the construction of the garage ramp for the Project, Owner shall seek the advice of and shall confer with the City Parks Department concerning the relocation of the clump of large evergreen trees that are to be removed and relocated off the Property to a site to be determined by the City Parks Department. Owner shall arrange, through a qualified independent third party acceptable to the City in its reasonable determination, for a cost valuation of the trees, and each of them, to be relocated and, as a condition to obtaining a permit for the removal of the trees, shall obtain and furnish a bond or other assurance or security device, the condition of which shall be that if, within the 5 -year period next succeeding the relocation of the trees, any tree does not survive such relocation, the value of each such tree, determined as above - provided, shall be paid to the City's Park Department for replacement vegetation. I. Accessory Dwelling Units Owner shall construct four (4) Accessory Dwelling Units within the Project each consisting of not less than 300 nor more than 850 square feet of net livable area (as defined in the Land Use Regulations of the City of Aspen) and located within or attached to any four of the principal residential dwelling units to be constructed within the Project, each of which Accessory Dwelling Units shall meet the City's definition of a Resident Occupied Unit and be rented for periods of six (6) months or longer. The owner(s) of any principal residential dwelling unit to or in which any such Accessory Dwelling Unit is attached or located shall have the right to place a qualified employee(s) of such owner's choosing in the appurtenant Accessory Dwelling Unit; provided, however, that any or all of such Accessory Dwelling Units shall be entitled to remain vacant and unoccupied should the owner(s) of the principal residential dwelling -9- registered or certified mail at the addresses indicated below, or at such other addresses as may be substituted upon written notice by the parties or their successors or assigns: If to City of Aspen: City Manager 130 S. Galena Street Aspen, CO 81611 If to Owner: Bass -Cahn Properties P.O. Box 5078 Aspen, CO 81612 With a Copy to: Robert W. Hughes, Esq. Oates, Hughes & Knezevich, P.C. 533 E. Hopkins, Third Floor Aspen, CO 81611 2. Ordinance 14 to Survive. Any of the terms and conditions to the approval of the Project or obligations on the Owner's part to be performed as set forth in Ordinance 14 not specifically addressed in this Subdivision Agreement shall nonetheless survive the execution, delivery and recordation of this Subdivision Agreement and the performance of Owner's obligations hereunder, shall burden the Project, shall run with the title to the Property and shall be binding upon Owner, Owner's successors, grantees and assigns as fully, for all intents and purposes, as though such terms, conditions or obligations were set forth in full herein. 3. Bindina Clause. The provisions hereof shall run with and constitute a burden upon the title to the Property and shall be binding upon and shall inure to the benefit of Owner and the City, together with their respective heirs, personal representatives, successors, grantees and assigns. -12- Upon the receipt of such petition, City Council shall promptly schedule a hearing to consider the matters set forth in the notice and in the petition. The hearing shall be convened and conducted pursuant to the procedures normally established by the City Council for other hearings. If the City Council determines by a preponderance of the evidence that a non- compliance exists which has not been remedied, it may issue such orders as may be appropriate; provided, however, no order terminating any approval granted herein shall be issued without a finding by the City that substantial evidence warrants such action and affording Owner a reasonable time to remedy such non - compliance. A final determination of non - compliance, which has not been remedied or for which no variance has been granted may, at the option of the City Council, and upon written notice to Owner, terminate any of the approvals contained herein which are reasonably related to the requirement(s) with respect to which Owner has failed to comply. Alternatively, the City Council may grant such variances, extensions of time or amendments to this Agreement as it may deem appropriate under the circumstances. In addition to the foregoing, Owner or its successors or assigns, may on his or their own initiative petition the City Council for a variance, an amendment to this Agreement or an extension of one or more of the time periods required for performance under construction schedules or otherwise. The City Council may grant such variances or amendments to this Agreement or extensions of time as it may deem appropriate under the circumstances. K. Miscellaneous Provisions 1. Notices. Notices to be given to the parties to this Agreement shall be deemed given if personally delivered or if deposited in the United States Mail to the parties by -11- 4. Applicable Law. This Agreement shall be subject to and construed in accordance with the laws of the State of Colorado and the Municipal Code of the City of Aspen. 5. Severability. If any of the provisions of this Agreement or any paragraph, sentence, clause, phrase, word or section of the application thereof in any circumstance is invalidated, such invalidity shall not affect the validity of the remainder of this Agreement and the validity of any such provision, paragraph, sentence, clause, phrase, word or section under any other circumstances shall not be affected thereby. 6. Entire Agreement - Amendment. This Agreement contains the entire understanding and agreement between the parties hereto with respect to the transactions contemplated hereby and may be altered or amended from time to time only by written instrument executed by each of the parties hereto. 7. Acceptance of Plat - Ratification by Owner. Upon execution of this Agreement by all parties hereto, the City agrees to approve and execute the final subdivision exception plat for the project and to accept the same for recordation in the recording office of Pitkin County, Colorado, upon payment of the recordation fee and costs to the City by Owner. For his part, Owner hereby ratifies and confirms each and every representation and public • dedication made and set forth by Owner on said plat. -13- IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. THE CITY OF ASPEN, COLORADO, a ATTEST: municipal corporation By Kathryn S. Koch, City Clerk William L. Stirling, Mayor APPROVED AS TO FORM: OWNER: Edward M. Caswall, Howard Bass City Attorney Harris A. Cahn STATE OF COLORADO ) ) ss. COUNTY OF PITKIN The foregoing instrument was acknowledged before me this day of , 1990, by THE CITY OF ASPEN, COLORADO, a municipal corporation, by WILLIAM L. STIRLING, Mayor, and by KATHRYN S. KOCH, City Clerk. WITNESS my hand and official seal. My commission expires: (SEAL) Notary Public STATE OF COLORADO ) ) ss. COUNTY OF PITKIN The foregoing instrument was acknowledged before me this day of , 1990, by Howard Bass. WITNESS my hand and official seal. My commission expires: (SEAL) Notary Public -14- "' 11 wa -eoor 463 efre,_R , m`� N SECOND AMENDMENT TO PUD AND SUBDIVISION AGREEMENT 1- �,p rn FOR THE PITKIN RESERVE o Y N �B WH4H THE AMENDMENT TO PUD AND SUBDIVISION AGREEMENT FOR THE PITKIN RESERVE RECORDED IN BOOK 447 AT PAGES 59 -87 OF THE PITKIN COUNTY, COLORADO RECORDS IS TO BE SUPERCEDED IN ITS ENTIRETY) THIS AMENDMENT is made and entered into as of the 19th day of March, 1984, by and between THE CITY OF ASPEN, COLORADO, a municipal corporation (hereinafter referred to as "City "), PITKIN LIMITED, a Colorado corporation (hereinafter referred to as "the Owner "), and ASPEN MOUNTAIN PARK, a Colorado general partnership (hereinafter referred to as "AMP ") RECITALS 1. The City, Owner and AMP are parties to that certain PUD and Subdivision Agreement for Pitkin Reserve re- corded in Book 423 at Pages 417 -446 of the Pitkin County, Colorado real property records (the PUD and Subdivision Agree- ment), and the Amendment thereto dated as of the 10th day of January, 1983, and recorded in Book 447 at Pages 59 -87 of those records. 2. Pursuant to Section V of the PUD and Subdivision Agreement and to Section 24 -8.26 of the Municipal Code of The City of Aspen, Colorado, the Owner did by letter application jj dated December 21, 1983, petition the City for a second amend- ment to the PUD and Subdivision Agreement. 3. Following the recommendation of approval therefor of its Planning and Zoning Commission, the City, acting through its City Council at the duly constituted meeting thereof held March 19, 1984, approved the petition of the Owner for a second amendment to the PUD and Subdivision Agreement and the parties are desirous of confirming herein such approval and setting forth such amendments. NOW, THEREFORE, AMENDMENTS IN CONSIDERATION of the premises, the mutual covenants contained herein and in the PUD and Subdivision Agreement, the parties hereby agree to and do amend the PUD and Subdivision Agreement for Pitkin Reserve as follows, and by these presents do hereby supercede for all purposes the Amendment to PUD and Subdivision Agreement for The Pitkin Reserve recorded in Book 447 at Pages 59 -87 of the Pitkin County, Colorado real property records, and notwithstanding anything in either the Agreement or the Amendment to the contrary contained it is agreed that: tia 1 SECTION o 468 P,3P854 I. Second Amended Final Plat. The parties have executed and caused to be recorded simultaneously herewith in Plat Book L at Page(5 -21of the Pitkin County, Colorado real property records the Second Amended Plat of The Pitkin Reserve (hereinafter "Amended Plat "), which the Owner has submitted and the City has accepted as being (a) superceding of the Amended Plat for The Pitkin Reserve recorded in Plat Book 14 at Page 92, et seq., of the Pitkin County, Colorado real property records; and (b) in conformance with the proposed development for The Pitkin Reserve and the PUD approvals first given and, as above recited, as amended. SECTION TWO. All reference hereinafter is to the PUD and Subdivi- sion Agreement for The Pitkin Reserve recorded in Book 423 at Pages 417 -466 of the Pitkin County, Colorado real property records, to wit: I. Amendments to Section I - General Development Plan. A. The third sentence of subsection A - Devel- opment Parcel, is amended to read as follows: "Approximately 79% of the Development Parcel has been subdivided into 6 fee simple lots with construction limited to approximately 50% of that area by established building envelopes." B. Subparagraph 1 - Free Market Development - Lots 1 -12, is amended to read as follows: "(1) Free Market Development - Lots 1 through 6. The Development Parcel shall contain not more than six separately designated fee simple lots, each as shown and noted on the Second Amended Plat. Each such fee simple lot shall be deemed augmented in size by an undivided one -sixth (1 -6th) interest in Lot 7 -- the Common Area component of the Development Parcel described below. Prior to its conveyance by the Owner to any third party, each fee simple lot shall be deed or covenant restricted upon such terms as shall provide that in the event an owner of such fee simple lot shall wish to lease the home constructed or to be constructed thereon any such lease terms shall, at a minimum, be of -2- BOOK 468 PAGE855 six (6) month duration with no more than two (2) shorter tenancies per year, and the docu- ments of conveyance to any such fee simple lot shall, as well, expressly recite that the property is so restricted." C. Subparagraph 3 - Common Area - Lot 13, of subsection A is amended to read as follows: "(3) Privately Owned Common Area - Lot 7. Approximately 21% of the Development Parcel shall consist of commonly owned area, which shall be owned by the owners of Lots 1 -6 as a nonpartitionable undivided appurtenance to their lots. The Common Area shall be managed and maintained as provided in Section VIII, paragraph C, below. The deed restricted employee housing unit shall be located in Lot 7." D. The site data tabulations annexed to the Amendment to PUD and Subdivision Agreement as Exhibit "A" are deleted and hereby superceded by the Summary and Site Data Tabulations hereto annexed as Exhibit "A ". E. The heading of Subsection B - Public Open Space - Lot 14, is amended to read Public Open Space - Lot 8, and the last full sentence of Subsection B is amended to read as follows: "Ownership of such open space shall be in Pitkin County, Colorado; provided, however, and always, that the benefit of the above - described open space restriction and dedication shall be specifically enforceable by (1) the City and /or (2) the Owner, its successors, grantees and assigns, including the owners (or an associa- tion thereof) of Lots 1 -6 within the Develop- ment Parcel." II. Amendments to Section II - Interrelation of The Pitkin Reserve and Smuggler Mobile Home Park. A. Subsection C - Development Allotments, is hereby amended to provide that six (6) rather than twelve (12) of the nineteen (19) otherwise nonexempt free - market housing units resulting from the conversion and construction processes at the Smuggler Mobile Home Park are to be utilized in connec- tion with The Pitkin Reserve. -3- • 800K 46 FasE856 B. Subsection C - Development Allotments, is hereby further amended by the addition of the following new sentence: "All of the nineteen (19) otherwise nonexempt free market housing unit development rights not utilized in connection with the actual con - struction of homes at The Pitkin Reserve shall be retained by Owner and shall be freely transferable to other properties, and alien- able. For these purposes, however, any devel- opment proposal utilizing all or any portion of the free market housing unit development rights shall be subject to all the applicable review processes set forth in The Municipal Code of the City of Aspen, with the single exception of review under the Growth Management Quota System, which shall not be necessary." III. Amendments to Employee Housing Dedication and Restriction. Section 3 - Employee Dedication Restriction, is hereby amended in its entirety to read as follows: "The Owner hereby covenants with the City that the employee unit described above in Section I, paragraph A(2) shall be restricted in terms of its use and occupancy to a resident caretaker - employee for and of the Owner of Lots 1 -6 (or a collective association thereof), to whom a monthly rental (which may be offset against salary) may be charged not to exceed "middle income" guidelines from time to time established by the City. In the event the owners of Lots 1 -6 (or a collective association thereof) shall determine not to employ a resident caretaker - employee, as above provided, they (or it) shall have the right to lease the unit to an individual(s) who shall otherwise meet the income and occupancy eligibility requirements generally established and applied by the City in respect of employee housing and who may be charged a rent not in excess of "middle income" guidelines from time to time established by the City, the proceeds of which shall be used to defray common maintenance and related costs associated with Lot 7 or other facilities used in common by the owners (or an association thereof) of Lots 1 -6. The fore- going covenant shall be deemed to run with Lot 7 as a burden thereto for the benefit of and shall be specifically enforceable by the City by any appropriate legal action including -4- ;, II I' i BOOii 468 m7857 i njunction, abatement, eviction or rescission of any non - complying tenancy, for the period of the life of the longest living member of the presently existing City Council of the City of Aspen, Colorado, plus twenty -one (21) years, or j for a period of fifty (50) years from the date j of recording hereof in the Pitkin County, II Colorado real property records, whichever period shall be less." IV. Amendments to Section VI - Easements, Rights of Way, and Relocations. h A. The prefatory language in Section VI is H amended to read as follows: II "The Amended Plat sets forth certain I easements, rights of way, and anticipated relocations that will be necessary to cause the 11 improvements anticipated thereon, which ease- 1 ments, rights of way, and relocations include the following:" ii B. Subsection D - Access Easement, is hereby h amended to read as follows: II I I "The owner hereby dedicates and grants unto the 1 owner(s) of Lots 1 -6 of The Pitkin Reserve and II to the owner(s) of Lot 7, Block 1, Pitkin Green I, Subdivision, their successors, grantees and assigns, the twenty -foot (20') access and '' utility easement shown and indicated on the il “ Amended Plat for their sole and exclusive use II and enjoyment and that of their guests, invit- ees and licensees." 11 I! I V. Amendments to Section VII - Other Dedications. , ,, A. The second sentence of Subsection A - I! I Exemption, is amended to read as follows: �I "In the event the Owner hereafter deed res- :I tricts the employee housing unit to be in- stalled upon Lot 7 to low or moderate (rather than middle) income and occupancy eligibility guidelines, the City agrees at that time, and ji upon the recording in the Pitkin County real property records of such a restriction, to exempt the employee housing unit from the n application of Section 20 -18 of the Aspen I I I Municipal Code." II I� -5- • sou 468 P.,3E858 B. Subsection B - Land Dedication, is amended to read as follows: "In respect of the free - market development to occur on and within Lots 1 -6 and the employee housing unit to be installed upon Lot 7, the City hereby (1) accepts the dedication of Lot 8 in the manner and upon the terms and conditions set forth in Section I, Paragraph B, above, in lieu of the cash payment referred to in Section 20 -18 of the Aspen Municipal Code; (2) confirms as accurate and accepts the valuation of Lot 8 and the calculation of the Park Dedication Fee based thereupon set forth in the Land Valuation and Park Dedication Fee calculation attached hereto as Exhibit "G "; and (3) agrees that the value of Lot 8 as such is sufficient at least to meet the requirements of Section 20 -18, aforesaid concerning the requirement of the dedication." VI. Amendment to Section VIII - Open Space and Common Area Management, Maintenance and Use. A. Subsection A - General, is amended to read as follows: "The Amended Plat provides for a parcel that includes open space dedicated for the benefit, inter alia, of the City and a common area component of the Development Parcel, the undivided ownership of which, as hereinabove provided, shall be in the owners of the sepa- rately designated fee simple lots, 1 -6. Respective responsibilities, limitations, covenants and agreements regarding the manage- ment, maintenance and use of the open space, including that to the south of the Greenbelt Line, and common area component of the Develop- ment Parcel include the following:" B. Subsection B - Publicly Owned Open Space -- Lot 14, is amended to read as follows: "Publicly Owned Open Space -- Lot 8. Lot 8 shall be owned by Pitkin County, Colorado, and, as such shall be managed and maintained perma- nently and entirely by Pitkin County within such framework as it may establish but which shall not be inconsistent with the open space purposes in perpetuity for which the land was dedicated as above set forth, and in this -6- . !i BUR 468 P:, 859 respect reference is specifically made to the rights of the City therein, as described in Section I, paragraph B, above." C. Subsection C - Common Area -- Lot 13, is hereby amended to read as follows: "C. Privately Owned Common Area -- Lot 7. Lot 7, the common area component of the Development Parcel, shall in its entirety be owned in common by the owners of Lots 1 -6, the owner(s) of each lot to own an undivided interest therein as a non - severable appurtenance to his or her lot. As indicated elsewhere herein and upon the Second Amended Plat, Lot 7 will be improved with an employee- caretaker unit of approximately 800 square feet of living space, together with approximately 800 square feet for storage space, will accommodate a twenty -foot (20') easement for access to the lots and for utility purposes and will support the landscap- ing plan. Management and maintenance of Lot 7 shall be the responsibility of a collective homeowners' association consisting of the owners of Lots 1 -6 and shall by it be under- taken pursuant to such provisions as shall be set forth in recorded covenants providing for such policies and procedures governing the use and maintenance of the common area, including for necessary budgets and financial reserves to be assessed against association members, and shall insure permanently the fit and proper maintenance, repair, replacement and enduring first rate safety and quality of the entire development, including its landscaped features, common utility systems and paved areas. Responsibility of the association in this respect may by it be contractually delegated to a private property management company or to a salaried employee of the association. The following as well shall apply to the associa- tion hereinabove referred to:" D. Subparagraph (3) - Membership Mandatory, of Subsection C, is hereby amended to read as follows: "(3) Membership Mandatory. Membership in the association shall be mandatory for each owner of the fee simple lots (1 -6) and shall be automatic upon the recordation of any instru- ment transferring a legal or equitable interest -7- 1 BON 468 P,_860 (excluding standard security interests) in or to any of such lots." E. Subparagraph (5) of Subsection C, is hereby amended to read as follows: "The homeowners' association shall have the power to levy assessments which will become a lien on individual fee simple lots (1 -6) for the purpose of paying the cost of operating and maintaining common facilities; F. Subparagraph (6) of Subsection C, is hereby amended to read as follows: "The Board of Managers of such homeowners' association shall consist of at least three (3) members who shall be owners of the fee simple lots (1 -6) within the development." G. Subsection D - Building Restrictions, is hereby amended to read as follows: "The Owner agrees and hereby covenants that the number of units that will be built within The Pitkin Reserve shall not exceed six (6) free market units plus one (1) employee- caretaker 1 i unit and that all areas shown on the plat as being open space or common area shall remain perpetually so." H. Subsection E - Party Wall Declaration, is deleted in its entirety. VII. Amendments to Section IX - Water Rights and Availability. The first sentence of the second full paragraph of Section IX is amended to read as follows: "A 16" main waterline crosses the Development Parcel and water service lines will be in- stalled as shown on the utility sheets." VIII. Exhibit G - Land Valuation and Park Dedication Fee Calculation is hereby deleted and superceded by the Land Valuation and Park Dedication fee calculation hereto annexed as Exhibit "B ". IX. Remaining Provisions Unaffected. Except to the extent expressly hereinabove set forth, and except as manifestly inconsistent herewith, the remaining provisions of the PUD and Subdivision Agreement for Pitkin Reserve are unchanged and in -8- 1 I • 1 3oo■ 468 p,G_861 effect as written and recorded in Book 423 at Pages 417 - 446 of the Pitkin County, Colorado real property records. IN WITNESS WHEREOF, the parties have executed this Amendment to PUD and Subdivision Agreement for Pitkin Reserve as of the 10th day of January, 1983. CITY OF ASPEN, a Municipal ATTEST: corporation �p ' z „ ;0J j G�'l__ OC \; a ..: By K , Clerk illiam Stirling, May Y,. PITKIN LIMITED, a Colorado AT. F�S porporati,on L^ ('O.fi hO / 1 �; , ♦ 1..Z. y. By k , A. •o•ert W. ghes, Sec etary I M c arl Li•kin, President ASPEN MOUNTAIN PA'K, a 3e4 ` ✓ 1 o orad• •en -ral •artnership L r, cI17/1it G140 ( cup _va�1 13 i ti . f 4) ' lexa de E. L •kin, a general partne , by Bober W. Hughes, his attorney -in -fact 1 I 1 -9- Book . 46S Pee, 2E 86' DEVELOPMENT SUMMARY AND SITE TABULATIONS Name: The Pitkin Reserve Number of Units: 6 free market units and 1 PMH rental unit Amenities: caretaker /employee facility above storage Unit Size: developable area establishes a F.A.R. of 6,725 square feet per residence Project Population: approximately 43 Parking: 2 indoor spaces and 2 guest parking spaces in driveway per residence Structures: free standing single - family residences Acreage: 26± acres (includes 6 acres of railroad right -of -way) Public Open Space: 19± acres Development Site: 7± acres I Building Coverage: approximately 25,000 square feet Paved Areas: approximately 30,000 square feet EXHIBIT "A" TO SECOND AMENDMENT TO PUC AND SUBDIVISION AGREEMENT FOR THE PITKIN RESERVE -10- i 468 -863 9 00ri �^ c LAND VALUATION AND PARK DEDICATION FEE CALCULATION (calculated to the nearest 0.5 acre) In accordance with Section 7 -143 of the Aspen Building Code and Section 20 -18 of the Aspen Subdivision Code, the cash equivalent for the park dedication fee and its determination for The Pitkin Reserve Subdivision is as follows: Purchase Price of Total Parcel $1,250,000.00 (20 acres) Price Per Acre 20 71,428.60 Value of 7 -Acre Development Parcel x 7 500,000.00 Value Per Unit (6 units) 6 83,333.33 1% of Land Value Per Unit x .01 833.33 Fee per 4- Bedroom Unit * / x 3 2,500.00 Value of 10.5 -acre parcel dedicated to open space 750,000.00 Difference between cash equivalent of park dedi- cation fee and value of open space parcel ($2,500.00 x 6 = $15,000.00) 735,000.00 * /The park dedication fee for the employee housing unit to be constructed on Lot 7 was calculated in the same manner as above set forth and will proceed from the same land valuation. EXHIBIT "B" TO SECOND AMENDMENT TO PUD AND SUBDIVISION AGREEMENT FOR THE PITKIN RESERVE -11- EXHIBIT "A" ti ORDINANCE NO. 14 (SERIES OF 1990) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBDIVISION AND VESTED RIGHTS FOR LOTS D -I AND N -S, BLOCK 112 WHEREAS, pursuant to Section 3 -101 of the Aspen Land Use Code, a development application requires subdivision review for land to be used for condominiums, apartments or any other multiple - dwelling units; and WHEREAS, pursuant to Sections 8 -104 and 7 -1004 the Commission reviewed the request for conditional use review for accessory dwelling units and subdivision; and WHEREAS, a duly noticed Public Hearing was held by the Aspen Planning and Zoning Commission (hereinafter "Commission ") on February 6, 1990 to consider the conditional use review and --y subdivision review application, at which time the Commission reviewed the application; and WHEREAS, the Commission considered the representations and commitments made by the applicant and approved the conditional use for four accessory dwelling units with conditions; and WHEREAS, the Commission recommends to City Council subdivision approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That it does hereby grant subdivision for Lots D -I and N -S, ` Block 112. • 1 1 STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 1990, by Harris A. Cahn. WITNESS my hand and official seal. My commission expires: (SEAL) Notary Public subdivis.obl -15- Section 2: That it does hereby grant subdivision as recommended by the Aspen Planning and Zoning Commission, for the Oblock parcel located between Cooper and Durant on West End, Lots D -I and N -S, Block 112, with the following conditions: 1. Prior to the issuance of a building permit a final plat shall be filed subject to review and approval of the Engineering Department. The final plat shall include but not limited to: a. The surveyor's certificate must indicate that all easements indicated on Title Policy No. 0- 9941- 38538, dated December 9, 1988, have been shown on this plat. b. Easements for transformers and utility pedestals subject to review by the Engineering Department. c. An above grade trash service area. 2. Prior to the issuance of a building permit a subdivision agreement shall be submitted for review and approval by the Planning Department. The Subdivision Agreement shall include but not be limited to: a. an agreement to join any future improvements districts. b. language binding the applicant to bond for five years the value of the large evergreens (removed for the garage ramp) for relocation or replacement purposes. 3. Project approval shall be conditioned upon receiving an encroachment license for the parking garage. If an encroachment license is not granted then the applicant shall submit new site plans for staff and P &Z review. 2 c r 4. Prior to issuance of a building permit the applicant shall submit a storm water drainage plan to be reviewed and approved by the Engineering Department the plan shall include, but not limited to, demonstration that the historic drainage pattern will not be affected and all snowmelt facilities, foundation drains or outside floor drains shall be connected to a dry well of the storm sewer, in accordance with the Clean Water Act. 5. Prior to final approval, a portion of the existing fencing should be relocated because it is in the public right -of -way and blocks public use of the sidewalk area. 6. The City requests that if any boulders larger than 36" are excavated on the site and are not needed that they be provided to the City. 7. Prior to recordation of the subdivision agreement and final plat, the applicant shall submit documentation to the Planning Department demonstrating that downstream collection constraints can be mitigated to the satisfaction of the Aspen Consolidated Sanitation District. The actual cost and financial guarantee shall be incorporated into the subdivision agreement. 8. Prior to the issuance of an excavation permit, the tunnel and underground garage design shall be approved by the Aspen Consolidated Sanitation District. 9. The 6 large spruce trees on West End Street and those along Durant shall not be removed. Removal of any tree larger than 6" in caliper shall require a tree removal permit. 10. The applicant shall work with the Parks Department to 3 relocate the clump of large evergreens being removed for the construction of the garage ramp. The applicant shall also bond for five years the cost of the trees (as determined by an independent third party). In the event they do not survive relocation the money shall be available for the Parks Department to use for replacement vegetation. 11. The street and sidewalk improvements shall comply with the Pedestrian Walkway and Bikeway Plan. In the event the plan is not adopted they shall develop the street and sidewalk improvements as depicted on the approved plans. 12. Prior to the issuance of a building permit the owner shall record copies of deed restrictions for the 4 accessory dwelling units subject to review and approval by the Housing Authority. Section 3: That is does hereby grant Vested Rights for this subdivision for a period of three (3) years from the effective date hereof in accordance with the terms and provision of Section 6 -207 of the Aspen Land Use Code. Section 4: That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 5: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such 4 provision and such holding shall not affect the validity of the remaining portions thereof. Section 6: Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. Section 7: A public hearing on the Ordinance shall be held on the 9 (4-- day of (�(�'/�� (' 1990 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published one in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the /a-� day of G� ie4 , ei C— , 1990. • V nL � i t l William L. Stirling, Mayor ATTEST: -Lett - - - Kathryn 71 Koch, City Clerk FINALLY, adopted, passed and approved this day of L_ � , 1990. �/J • William L. Stirling, ayor ATTEST: Kathryn / Koch, City Clerk 1 5 � \�� I P.O. Box 2155 SCHM __CR GOA MEYER INC. ��J�� , '4 r Ab� aim` a EXHibIT , ; Aspen, Colorado 81612 numr pall (303) 925 -6727 %Ala '1 II % %nuns. CONSULTING ENGINEERS d SURVEYORS/ August 6, 1990 Mr. Sunny Vann Vann Associates, Inc. 230 E. Hopkins Aspen, Co. 81611 RE: Oblock Property Estimated Cost of Public Improvements Dear Sunny: This letter is in follow -up to our discussion of July 19, 1990 regarding a schedule of costs for public improvements for the Oblock Property. I have identified public improvements pursuant to Aspen Municipal Code, Section 7- 1004C.3.A. and have included only improvements that will provide an upgrade of existing main utility lines or improvements within the right -of -way, such as curb, gutter, sidewalk and pavement. I have not included in these cost estimates service lines, or cost elements such as demolition, on the belief that the city would not undertake demolition work in the event the project did not commence. I would anticipate that financial guarantees will be required pursuant to Aspen Municipal Code, Section 7- 1005.D. requiring a guarantee for 100% of the estimated cost of public improvements. As you know, the City Engineer will need to sign off on both the list of improvements and the estimated costs thereof. Public improvements relevant to the Oblock Parcel include the following: 1. Sidewalk - 650 In.ft. x 5 ft. wide = 361 sq.yd. @ $25 sq.yd. $ 9,025 Base course 361 sq. yd. x .11 yd. = 40 cubic yds. x 2 ton /cu.yd. = 80.22 tons @ $18 /ton $ 1,444 Handicap ramps 2 each @ $400 $ 800 Subtotal - Sidewalk $11270 2. Curb and gutter 650 In. ft. @ $13 per In.ft. 1_8,450 3. Alley pavement 200 In.ft. x 20 ft. wide = 444 sq.yd @ 3" depth = 37.04 cu.yd. x 2 ton /cu.yd. = 74.08 tons @ $50 /ton $ 3,704 1512 Grand Avenue, Suite 212 • Glenwood Springs, Colorado 81601 • (303) 945 -1004 ( '-') EXHIBIT "B" o 0 O z 1 0 u3NUVm N,v.u1 11 1 1 F €: I',, 11 1 5 - ` 9 a a y w a A - i I1 1:11 1 oil 'IS uNB.LSBM ?4 a - ae - A= .. S VVV � � q i � � t • � y\ i 1 III III , 1. � � I j I it II I ' 1� z 1 4 A L 3 I I 1 `-% V � A. 0. _ 1111, 3 ! a III _` ; � I I I i H `,' v v II� , , . tiI4 r Nllllilllilllll I, ,v-r-,- z z CG fi • �� I ! :,. ?" ± ' e l' I ' .. II ' ¢ a al I x ll l�l�l I I , Il 1 , II _ I I�I� 1111 } ' ¢ z I as" u i , ,(.4-41, ' Ii o ... III a = "t :H OHHllH d 1 111 u . , I H HDll: i F i \ , + r 1' 1 1 ..1 \ I 1., lI I< . /� W 4 I II III III 1 + _ r, " �A II . (III = ti � z W ,...E1 5_ I � _ .4 — _��,, 7 �= Iii (' - ( August 6, 1990 Mr. Sunny Vann Page 3 3 phase primary in conduit 250 In. ft. @ $40 /In.ft. $10,000 Service transformer I each @ $15,000 $15,000 70 In. ft. single phase in conduit @ $30 /In.ft. $ 2,100 Connection to existing system (Lump Sum) $ 2,000 Subtotal electric improvements 1 7. Sanitary Sewer Line replacement. The following estimate is for replacement of the sewer line in the area of the tunnel construction. The sewer line replacement is the first of several items that are required in terms of relocations over the tunnel structure and would seem appropriate for financial assurance with the City in the event tunnel construction work were commenced, but not completed,by the developer. You will note that I have not included any estimates under the sewer line category for off -site improvements such as an upgrade of the line in the alley behind Crossroads Drug. 1 have also assumed that we will not disturb the existing manhole in the middle of the alley adjacent to the Oblock parcel. Sewer"replacemnt costs are as follows: 50 In. ft. PVC sanitary sewer @ $35 /In.ft. $ 1,750 Temporary rerouting of sewer flows around the tunnel project $ 2,500 (Pavement replacement is covered by the alley paving item 3 above) Total sewer line replacement $ 4,250 8. Phone line in conduit 70 In.ft. . @ $10 /In.ft. $700 9. Gas line replacement 70 In.ft. @ $15 /In.ft. • $ 1,050 Temporary routing around the project site $ 1,000 Total for gas line 22.050 August 6, 1990 Mr. Sunny Vann Page 2 Base course 444 sq.yd. x 6" = 74.07 cu.yd. x 2 ton /cu.yd. = 148.15 ton x $18 /ton $ 2,667 Prep subgrade $ 1,500 Subtotal - Paving $ 7,871 4. Street lights - Aspen Antique style 6 each at $3750 $22,500 5. Water line - as you may recall based on discussions with Jim Markalunas of the Aspen Water Dept. on August 16, 1989, he indicated that we would be permitted to tap an existing 14 inch main in the Cooper Avenue right -of -way with an 8 inch ductile line main extension along West End Street for possible future interconnect by the City of Aspen. This short main extension, which I would now estimate at approximately 75 feet in length, would represent a portion of a public water system improvement allowing a future interconnect to Durant Avenue. The estimated cost of this main extension is as follows: 75 In. ft. 8" VIP main @ $35 /In.ft. $ 2,625 8" Tee, 1 each @ $275 $ 275 Tie in to existing main(Lump sum) $ 1,000 8" plug, I each @ $150 $ 150 8" gate valve, 1 each @ $675 $ 675 Pavement repair 75 In.ft. x 20 ft. = 167 sq.yd. x .11 yd. = 18.56 cu. yd. x 2 ton /cu.yd. = 37 tons @ $50 /ton $ 1,855 Subtotal, water main extension $ 6,580 6. Electric Extension - As you may recall, in a discussion with Don Gilbert, the City's Electric Superintendent on August 18, 1989, he indicated that the project would require an extension of 3 phase primary from Original Street along the existing alley. He further indicated that any existing lines in the area of the proposed tunnel will require placement in conduit. Electric system improvement estimates are as follows: i • .. 1 EXHIBIT "0" . ` ✓° Ml. DAIY ENTERPRISES Julia Marshall Landscape Architect Post Office Box 5010 Aspen, Colorado 41612 3(13 925 1624 on LANDSCAPE COST ESTIMATE AUGUST 26, 1990 TREES: Aspen: (5) Single stem 2" caliper @ $140.00 ea. $700.00 (5) Multi stem 2' caliper @ $175.00 ea. $875.00 Mountain Ash: (18) Single stem 2" caliper @ $250.00 ea. $4,500.00 White Fir: (12) 12' @ $500.00 ea. $6,000.00 Western River Birch: (1 8) 4' -5' @ $125.00 ea. $2,250.00 Spruce: (4) 12' @ $550.00 ea. $2,200.00 Cottonwood: (5) 2" caliper @ $225.00 ea. $1,125.00 TREE TOTAL $17,650.00 SpD; 15,600 square feet @ .35 /square foot $5,460.00 PERENNIALS: 50 square feet @ $6.00 /square foot $300.00 GROUND COVERS: 3,280 square feet @ $3.75 /square foot $12,300.00 TOPSOIL 235 cubic yards @ $15.00 /cubic yard $3,525.00 LABOR: $9,960.00 TOTAL $49,195.00 August 6, 1990 Mr. Sunny Vann Page 4 10. Cable TV in conduit 70 In. ft. @ $10 /In.ft. $___700 11. Backfill tunnel excavation. While not a public improvement under the normal definition, it would seem appropriate to consider the possible expense associated with restoring the tunnel excavation in the event the developer begins such work within the public right -of- way but is unable to complete it for some reason. 1 would anticipate that the City would want funding available to provide structural backfill within the excavation for the tunnel and restore the alley to its prior condition. Given the depth of the tunnel structure, I would view the worst case condition as a fully excavated hole for the tunnel structure that would require backfill by the City or the City's contractor to restore the alley. The estimated cost of this work is as follows: Placement of 1200 cu.yd of structural fill @ $12 /cu.yd. $14 Total estimate for all public improvements .$107 As we discussed in our meeting of July 19th, it is entirely possible that the developer will decide to place a higher level of improvements in the alley or on the sidewalks fronting the property. From the standpoint of financial assurances however, it seems appropriate to provide guarantees for the standard level of public improvements required or installed by the City itself. You may wish to refer to my letter to you of August 24, 1989 regarding special conditions and options with respect to public improvements. I hope this letter will be adequate for cost estimate purposes for the financial assurance requirements for the City of Aspen. Please feel free to contact me if I may provide additional information or detail regarding these cost estimates or discuss amendments with you. Respectfully submitted, mONIP SCHM.ESE Q GORDON MEYER, v , ,t J y W. Hammond; - PTE. rincipal -Aspen Office JH /ja9181 owner's choosing in the unit, (ii) no tenancy shall be shorter in duration than six (6) consecutive months, and (iii) the occupant(s) must be a resident of Pitkin County, Colorado, at the time of his or her qualification through the Housing Authority and /or employed in Pitkin County for a minimum of thirty (30) hours per week, nine months of the year, at the time of qualification and must continue to meet such residency, occupancy and profile requirements throughout his or her occupancy of the Accessory Dwelling Unit. The rent that may be charged for any of the Accessory Dwelling Units may be whatever shall be negotiated between the owner thereof and the occupant(s), without regard to the income level of the occupant(s) or any other rental price restriction of the Housing Authority. 3. None of the Accessory Dwelling Units may be partitioned (through condominiumization or otherwise) from the principal residential dwelling units to or within which such Accessory Dwelling Units are attached or constructed. 4. Neither this deed restriction nor any of the covenants contained herein shall be modified, released or waived in any respect except by written instrument executed by both the Owners, or the Owners' successors, grantees or assigns, and the City of Aspen, Colorado, and duly recorded in the Pitkin County, Colorado real property records. IN WITNESS WHEREOF, Owner has hereunto set its hand and seal as of the day and year first above written. OWNER: Howard Bass Harris A. Cahn STATE OF COLORADO ) ) s. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 1990, by Howard Bass. WITNESS my hand and official seal. My commission expires: (SEAL) Notary Public (Notarial Clauses continued on Page 3, following) 2 • EXHIBIT "E" DEED RESTRICTION FOR ACCESSORY DWELLING UNITS AT OBLOCK TOWNHOUSES SUBDIVISION THIS DEED RESTRICTION is made and given as of the day of , 199, by HOWARD BASS and HARRIS A. CAHN (collectively "Owners ") with reference to the following: WITNESETH: WHEREAS, Owners are the record owner of the following described real property situate in Pitkin County, Colorado, to wit (the "Property "): Lots D, E, F, G, H, I and N, 0, P, Q, R and S, Block 112, CITY AND TOWNSITE OF ASPEN WHEREAS, Owners have proposed the construction on the Property of fourteen (14) fully self - contained dwelling units consisting of nine 3- bedroom and one 2- bedroom free market units, and four studio Accessory Dwelling Units. WHEREAS, pursuant to the provisions of that certain Subdivision Agreement for Oblock Townhomes recorded in Book _ at Pages _, et seq., of the Pitkin County, Colorado real property records, Owners are required at this time to deed restrict the Accessory Dwelling Units to be constructed within the project in the manner hereinbelow set forth. NOW, THEREFORE, in consideration of the foregoing premises, and for other good and valuable consideration, the receipt, sufficiency and adequacy of which hereby are acknowledged, Owners hereby declare, covenant and agree for themselves, their successors, grantees and assigns, that the following shall run with the title to the Property, shall be a burden thereupon and shall be enforceable by the City of Aspen against anyone now or hereafter owning any manner of record interest in the Property, to wit: 1. When constructed, the four Accessory Dwelling Units approved for the Project shall contain not less than 300 nor more than 850 square feet of net livable area [as defined by the Regulations of the Aspen / Pitkin County Housing Authority ( "Housing Authority ")], and each Accessory Dwelling Unit shall be attached to or constructed within one of the remaining ten free market residential units. 2. While occupancy of the Accessory Dwelling Units, or any of them, shall not be mandatory and there shall be no obligation on the part of the owner(s) of any of the Accessory Dwelling Units to rent the unit, if any Accessory Dwelling Unit is rented: (i) the owner of the principal residence within or to which the Accessory Dwelling Unit is constructed or attached shall have the right to place a qualified employee(s), as hereinafter defined, of such • STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 1990, by Harris A. Kahn. WITNESS my hand and official seal. My commission expires: (SEAL) Notary Public agmts \deed.res 3 STATE OF COLORADO ) ) ss• COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 1990, by Harris A. Kahn. WITNESS my hand and official seal. My commission expires: (SEAL) Notary Public agmts \deed.res 3 . _ AUTA Ownar's Policy - (6 -1 -871 . ' r - _l� a N lea. a .:✓a .. 444. a La W W A. W.. 4 3 �� y C j . �.� �iOb . . } } tea O S }.44 i) c pniFOODs449 s : POLICY OF TITLE INSURANCE ISSUED BY 41, ••:i v.�. : • #; . STE`VAIIT TITLE ° ; 4. :9 `"' GUARANTY COMPANY ¢' .$ , ¢' 1 ...' SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN IV.' Z : SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas 3 `� corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not 4 %). T • "'' exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1'1 j r r: P 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; P; F c ': y 2. Any defect in or lien or encumbrance on the title; �I'•;k" ?T. 3. Unmarketability of the title; 1,',f w 4'1 d , i k 4. Lack of a right of access to and from the land. �p: ' 7 ,a -:.� The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only ' '' ;1,' to the extent provided in the Conditions and Stipulations. '4 VA ' IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by r +4, A Y P Y P Y 9 Y its ({ .Y k, duly authorized officers as of the Date of Policy shown in Schedule A. •711 , v N p� p �8a `7„ `- _. STEWVAl2T TITLI. �, " ; ?1 ,.. • (v �� '( - • - y GUARANTY COMPANY � 4 Z : :.. Chairman of the Board , f t , C " . , 6b t P. i . At / f '-" ///7 v_ G a R Po R� P 't i 'q: ; " C F 3 '� - *- B o ' , < l Aut ignatory f' ve. 1908 ' o t x( it%PS ry , If . 1 1 Company V • p . s . ' •y. City, State it: ;13 `Y EXCLUSIONS FROM COVERAGE .Y ; ` �I $ The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys fees or ..t - ,, 4 expenses which arise by reason of: t, -$ 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, AAy //tt '•' prohibiting 1 n �' , 1.. , , regulating, 9. P rohibiti 9 or relating to (i) the occupancy, ry, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or ,I::d o.. ; hereafter erected on the land; (iii) a seporotion in ownership or a change in the dimensions or area of the land or any porcel of which the land nor was a ,4 t part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a )I a y it notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been $; 7j �: recorded in the public records at Date of Policy. � J l (b) Any governmental police power not excluded by (a) above, except to the extent that o notice of the exercise thereof or o notice of a defect, lien t , a, 3 . I . or encumbrance resulting from a violation or alleged violation affecting the land hos been recorded in the public records at Dote of Policy. ((,!` r y'' 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from .. , :1 coverage any taking which has occurred prior to Date of Policy which w uld be binding on the rights of a purchaser for value without knowledge. ; ' • 3 :,•.,i 3. Defect , liens, encumbrances, adverse claims or other matters: i .�: c' . yy • (a) created, suffered, assumed or agreed to by the insured claimant; ; •T (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to ' ii. .• the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; a : :A: w ,, ' (c) resulting in no loss or damage to the insured claimant; - ,* (d) attaching or created subsequent to Date of Policy; or , 0• ..) (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this �., y al "' pohry. .e. - " * - ' -- a S e r iaY 0.9941- 3 8 5 3 ..0.0..0..0.0...0. .�. er:.� ser d1 Na. 8 c.., g- , t 001 (Rev. 6)871 • ALTA OWNER'S POLICY PD /LMP SCHEDULE A Order No.: 15764 Policy No.: 0 9941 38538 Date of Policy: December 09, 1988 At 11:40 AM Amount of Insurance: $ 1,850,000.00 1. Name of Insured: BASS CAHN PROPERTIES, A NEW JERSEY PARTNERSHIP 2. The estate or interest in the land which is covered by this policy is: t•EE SIMPLE 3. Title to the estate or interest in the land is vested in: BASS CAHN PROPERTIES, A NEW JERSEY PARTNEP.SHIP 4. The land referred to in this policy is described as follows: Lots D, E, F, G, H, I, N, 0, P, Q, R and S, Block 112 CITY AND TOWNSITE OF ASPEN County of Pitkin, State of Colorado Stewart Title of Aspen, Inc. 602 E. Hyman Aspen, CO 81611 303 - 925 -3577 PUR f AUTHORISED COUNTERSIGN .E \\I STEWART TITLE GUARANTY COMPANY CODE 0012 (Rev. 6/67) PaOe 2 ALFA OWNER'S POLICY •_•FDEF NO.: 1c7 ti4 SCHEDULE 8 Policy No.. 0 941 'p This policy does not insure against loss or damage (and the company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Any and all unpaid taxes and assessments and any unredeemed to The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. . Exceptions and Mineral Reservations 35 contained in Patent to Aspen Town;ite recorded March 1, 1897 in Book 1.9 at Pace 21e as be'._ept ion No. 60156. 9. :.ny and all r ights to minerals underlying the subject property. ITOTE: Peverence of mineral rights from the surface estate is evidenced by Deed recorded in Book 131 at Page 81, and other instruments. 9. Easement for electric transformer granted to the City of Aspen '.ender terms and condition' as set forth in the unrecorded Easement P.•rreement between Matthew ()block and said City of \.seen dated I 13, 1986. 10. Encroachment ct "'ne St•_,r'v Building" onto Cooper Avenue and West End Street as shown on survey by Alpine Surveys dated April 5, L88 as Job No. 88 -43. 11. Encr• of 3 sheds onto alley of Block 112 as shown on survey by Alpine Surveys dated April 5, 1988 as Job No. 88 -43. IL. A Deed of Trust dated December 09, 1989, executed by Bass Cahn Properties, a New Jersey partnership, to the Public Trustee of P'itkin County, to secure an indebtedness of 51,450 000. i0 in favor of Elizabeth Sinclair as Personal Representative of the Estate of Matthew ()block, Deceased, recorded December 09, 1988 in Book 590 at Page 464 as Reception No. 306744. ST F: Wit 'I ' 1' I 'I' I ,1: ;6131P,v 6 arl Page GUARANTY COMPANs BASS CAHN PROPERTIES ENDORSEMENTTOTITLEPOLICY Form 100.31 SERIAL NUMBER 0 9941 38538 CHARGE ll } No. 15764 3 718.80 T., ' ISSUED BY °,8 , a. S T E WA 14 T FrI '1'LE t GUARANTY COMPANY '1.: HEREIN CALLED THE COMPANY 11 • 4.e. Th= ':mran'-- hereby Insures the insured a'TainSt loss which the insured shaLL sustain by reason of physical, but not aesthetic. . •i.ima'ie improvements existing on the Land at Date of Folic/ or •: :.nstr'_Icted there'!n thereafter resulting from the exercise of anv ' t r'LghtS trl '152 the land and ?r tha m in?r3L LRt?CeSt C ?f ?C C ?d t0 in � ii E_r , _e etL. , n bf•_ sod ?, of �•_h ?du 8 " th e m ine ra l rig hts " ', ' • 5 ' lb le•: I.. hotever, t.D the toLL•]tain•7 terms and conditions: +' L . The insured shall n otify the Company promptly in writing in v ' C35e knowLedae shall come to an insured hereunder of any actual or i:: : threatened exercise of the mineral right t L . The Companv shall have the right, at its costs, to take any t„ a cti•.•n which in it's opinion may be necessary or desirable in order III: .: for the Company to avoid or minimize the extent of its liability n ,A« under this endorsement, including, but not limited to anv or all of Ai 13=: • the [•1L1.Wiin'T: +. • • .a' In the Company s own right, or in the name of the insured for the Company 5 benetit. to institute, pCOSeCUte and pursue CO t f inal determination any proceedings at law or in equity, or ' be tore anv municpaL, administrative, or regulatory tribunal or �a+" J. r • board: :� See '.Ontinuation Page • 1 Ii:. • This Endorsement is made a part of said policy and is subject to the schedules, conditions and stipulations therein, except as modified by the y •90' • ▪ provisions hereof. 'I 37. M b° Nothing herein contained shall be construed as extending or changing the et tective date of said policy, unless otherwise expressly stared. t ' Signed under seal for the Company. but this Endorsement is to be valid only when it bears an authorized countersignature, this the 09 t h A: day of December 1988 +I•'• .. g ' ; i' p 3. s' E WA). 14'I' '1' I'1' I. 1: '7 ���/ GIlA HA 9TY CITY I•AV \' y•09 rL +3,r „•w ti � ) Chairmen of the Ro rd � 61iq° • Pt ewlenl ' 4 .`�-• ' Cpun[ersu dby. p °; + "1 \t lE •.•"•:p _ r. � }�, /JAI . pens ne.. 2; ` OPVOA 4r ; Ja i : t Aulh i Y g Tiato ry 190 b - Stewart Title of As - ' Company T f n 7.::-/. AS ^" a' . _• o ...E- 9904 :. .._.. 003 50M ORDER NO. : 15764 Attached to and made a part of Stewart Title Guaranty Company Policy No. 0 9941 38538 Continuation of Schedule Form 100.31 • Li Ln the C. •nrp.tn ca.rn right • or in the name of the insured for the •:•'•mpancy nenet it. t-; compel. the giving of security bond or •mdertaking by the P- r on or persons from whom the insured is entit by l.a., r t security, bond or undertaking, and in the same amount Or arn:int3 to which the insured would have been so entitled had this endorsement not been issured; and cr t• retain or ba maid out of any such security, bond or under- taking, or out or any compensation or funds recovered by the Company or the insured, such amount as will reimburse the Company for all payment.; made to the insured by the Company by reason of the insurance at forded by this endorsement, together with all costs and expenses inc'_rrred by the Company in connection therewith, including attorney : ees 2. No ri<tht-.. bener or defenses are intended to or shall be deemed to flow or be made available to any person or entity other than the insured by reason of the insurance afforded by this endorsement, and the insured agrees that all of the insureds rights and remedies against third parties relating to the subiect matter of this endorsement: shall be deemed to have remained intact, in the same manner as L this endorsement had not been issued. This endorsement is made a part of said policy and is subject to the Schedules. conditions and stipulations therein, except as modified by the provisions hereof. Page STEWAIVE TITLE GUARANTY COMPANY CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. (d) In all cases where finis policy permits or requires the Company to prose - The following terms when used in this policy mean: cute or provide for the defense of any action or proceeding, the insured shall (a) "insured ": the insured named in Schedule A, and. subject to any rights secure to the Company the right to so prosecute or provide defense in the action or defenses the Company would have hod against the nomed insured, those who or proceeding, and all appeals therein, and permit the Company to use, at its succeed to the interest of the named insured by operation of low as distinguished option, the name of the insured for this purpose. Whenever requested by the from purchase including, but not limited to. heirs, distributees. devisees, survivors, Company, the insured, at the Company's expense, shad give the Company ail personal representatives, next of kin, or corporate or fiduciary successors. reasonable aid (i) in any action or proceeding, securing evidence, obtaining wit - (W "insured claimant': an insured claiming loss or damage. nesses, prosecuting or defending the action or proceeding. or effecting settle - (c) "knowledge" or "known ": actual knowledge, not constructive knowledge ment, and (iii in any other lawful act which in the opinion of the Comoany may or notice which may be imputed to an insured by reason of the public records as be necessary or desirable to establish the tnle to the estate or interest as insured. defined in this policy or any other records which impart constructive notice of If the Company is prejudiced by the failure of the insured to furnish the required matters affecting the land. cooperation, the Company's obligations to the insured under the poilcy shall ter - Id) "land": the land described or referred to in Schedule A, and improve- minute, including any liability or obliganon to defend, prosecute, or continue any ments affixed thereto which by law constitute real property. The term 'land" litigation. with regard to the matter or matters requiring such cooperation. does not include any property beyond the fines of the ared described or referred 5. PROOF OF LOSS OR DAMAGE. to in Schedule A, nor any right, title, interest, estate or easement in abutting In addition to and after the notices required under Section 3 of these Condi- streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall tions and Stipulations have been provided the Company, a proof of Toss or dam - modify or limit the extent to which a right of access to and from the land is age signed and sworn to by the insured claimant shall be furnished to the Com• insured by this policy. pany within 90 days after the insured claimant shall ascertain the facts giving rise (e) mortgage': mortgage. deed of trust, trust deed, or other security to the loss or damage. The proof of loss or damage shall describe the defect in, instrument. or lien or encumbrance on the tide, or other matter insured against by this policy (f) "public records ": records established under state statutes at Date of Pol- which constitutes the basis of loss or damage and shall state, to the extent possi- icy for the purpose of importing constructive notice of matters relating to real ble, the basis of calculating the amount of the loss or damage. II the Company is property to purchasers for value and without knowledge. With respect to Section prejudiced by the failure of the insured claimant to provide the required proof of 1(a)fiv) of the Exclusions From Coverage, "public records" shall also include loss or damage, the Company's obligations to the insured under the policy shall environmental protection liens filed in the records of the clerk of the United States terminate, including any liability or obligation to defend, prosecute, or continue district court for the district in which the land is located. any litigation, with regard to the matter or matters requiring such proof of loss or (g) "unmarketobility of the title ": an alleged or apparent matter affecting damage. the title to the land, not excluded or excepted from coverage, which would entitle In addition, the insured claimant may reasonably be required to submit to a purchaser-of the estate or interest described in Schedule A to be released from examination under oath by any authorized representative of the Company and the obligation to purchase by virtue of a contractual condition requiring the shall produce for examination, inspection and copying, at such reasonable times delivery of marketable title. and places as may be designated by any authorized representative of the Com - 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. pony, all records, books, ledgers, checks, correspondence and memoranda, The coverage of this policy shall continue in force as of Date of Policy in whether bearing a date before or after Dote of Policy, which reasonably pertain favor of on insured only so long as the insured retains an estate or interest in the to the loss or damage. Further, if requested by any authorized representative of land, or holds on indebtedness secured by a purchase money mortgage given by the Company, the insured claimant shall grant its permission, in writing, for any a purchaser from the insured, or only so long as the insured shall have liability by authorized representative of the Company to examine, inspect and copy all reason of covenants of warranty made by the insured in any transfer or convey- records, books, ledgers, checks, correspondence and memoranda in the custody once of the estate or interest. This policy shall not continue in force in favor of or control of a third party, which reasonably pertain to the loss or damage. All any purchaser from the insured of either (i) an estate or interest in the land, or (ii) information designated as confidential by the insured daimont provided to the an indebtedness secured b a purchase money mortgage given to the insured. Company pursuant to this Section shall not be disclosed to others unless, in the 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. reasonable judgment of the Company, it is necessary in the administration of the The insured shall notify the Company promptly in writing (i) in case of any claim. Failure of the insured claimant to submit for examination under oath, pro - litigation os set forth in Section 4(a) below, (11) in case knowledge shall come to duce other reasonably requested information or grant permission to secure rea- an insured hereunder of any claim of title or interest which is adverse to the title sonably necessary information from third parties as required in this paragraph to the estate or interest, as insured, and which might cause loss or damage for shall terminate any liability of the Company under this policy as to that claim. which the Company may be liable by virtue of this policy, or (iii) if title to the 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; estate or interest, as insured, h rejected as unmarketable. If prompt notice shall TERMINATION OF LIABILITY. not be given to the Company, then as to the insured all liability of the Company In case of a claim under this policy, the Company shall hove the following shall terminate with regard to the matter or matters for which prompt notice is additional options: required; provided, however, that failure to notify the Company shall in no case (a) To Pay or Tender Payment of the Amount of Insurance. prejudice the rights of any insured under this policy unless the Company shall be To pay or tender payment of the amount of insurance under this policy prejudiced by the failure and then only to the extent of the prejudice. together with any costs, attorneys' fees and expenses incurred by the insured 4. DEFENSE AND PROSECUTION Of ACTIONS: DUTY OF INSURED claimant, which were authorized by the Company, up to the time of payment or CLAIMANT TO COOPERATE. tender of payment and which the Company is obligated to pay. (a) Upon written request by the insured and subject to the options contained Upon the exercise by the Company of this option, all nobility and obligotions in Section 6 of these Conditions and Stipulations, the Company, at its own cost to the insured under this policy, other than to make the payment required, shall and without unreasonable delay, shall provide for the defense of on insured in terminate, including any liability or obligation to defend, prosecute, or continue litigation in which any third party asserts a claim adverse to the title or interest as ony litigation, and the policy shall be surrendered to the Company for insured, but only as to those stated causes of action alleging a defect, lien or cancellation. encumbrance or other matter insured against by this policy. The Company shall (b) To Pay or Otherwise Settle With Parties Other than the Insured or have the right to select counsel of its choice (subject to the right of the insured to With the Insured Claimant. object for reasonable cause) to represent the insured as to those stated causes of (I) to pay or otherwise settle with other parties for or in the name of an action and shall not be liable for and will not pay the fees of any other counsel. insured claimant any claim insured against under this policy, together with any The Company will not pay any fees, costs or expenses incurred by the insured in costs, attorneys' fees and expenses incurred by the insured claimant which were the defense of those causes of action which allege matters not insured against by authorized by the Company up to the time of payment and which the Company this policy. ' is obligated to pay; or (b) The Company shall have the right, at its own cost, to institute and prose- (ii) to pay or otherwise settle with the insured claimant the loss or dam- cute any action or proceeding or to do any other act which in its opinion may be age provided for under this policy, together with any costs, attorneys fees and necessary or desirable to establish the title to the estate or interest, as insured, or expenses incurred by the insured claimant which were authorized by the Com• to prevent or reduce loss or damage to the insured. The Company may tyke any pany up to the time of payment and which the Company is obligated to pay. appropriate action under the terms of this policy, whether or not it shall be liable Upon the exercise by the Company of either of the options provided for in hereunder, and shall not thereby concede liability or waive any provision of this paragraphs (b)(i) or (ii), the Company's obligotions to the insured under this pol- policy. If the Company shall exercise its rights under this paragraph, it shall do so icy for the claimed loss or damage, other than the payments required to be diligently. mode, shall terminate, including any Nobility or obligation to defend, prosecute (k) Whenever the Company shall have brought an action or interposed a or continue any litigation. defense as required or permitted by the provisions of this policy, the Company 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. , moy pursue any litigation to final determination by a court of competent jurisdic This policy is a contract of indemnity against actual monetary loss or dam - tion and expressly reserves the right, in its sole discretion, to appeal tram any oge sustained or incurred by the insured claimant who has suffered loss or dam- , adverse judgment or order. oge by reason of matters insured against by this policy and only to the extent herein described. (continued and concluded on last page of this policy) • %s W •-• c e.ti -.• •.•r e1 t±± s+- •• t- a.. • •-&• t■• -..mss ' • e.s W . y� • a �� :. :C....?:a.o.o:et o. r.. .. ... .... •et:e..}:e;Wet re 40; Zo. .. . . "A .. o tom "^, ' 4. 4 :1 F r r< w p ,; A • 4 :' }' Z I ;8;i ict 4 X.1 J 1 . O F- • .4 ' o .� �t d CI. yr { : • 0 ,. vy s• u - . rv. z•.'a e:i _. r.� •ti: _ e-.a .., __ i a 1. } N 4 4 CV I IS LC) f m r- t E N I p O 4 V N N M O w 1. '. IS - GI F s • C Z 1 .• : 1 ..... O t CC a , • ' o • IS O = I 4 e• rrt J 4 , it_ I � 1 • A . • .0 yN ,.: J CC ^ a J ! .IT., .r 4 CO Z } F— r � • I . • w H f Q ~ z Z J W �J. m Q - Z — p .r•�i N a (n CC Q Q 0 LL • m a �'/^� • a Q CC Q N¢ Q ZO V/ 1 " I ; ' • CC, w 1— o UO 2 > , 6 :;11. — U2 N .4 wp o CC LI_ 4, ;11 i- EXHIBIT 3 September 25, 1989 HAND DELIVERED Ms. Leslie Lamont Aspen /Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Lamont: Please consider this letter authorization for Sunny Vann of Vann Associates, Inc. to represent the Oblock Partnership in the processing of our application for subdivision /condition- al use review. 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. Sincerely, THE OBLOCR PARTNERSHIP Howard : ' sr Bass Ca n Properties Michael Lipkin Aspen Mountain ark II SV:cwv J P.O. Box 2155 / SCHMUESER CON MEYER INC. lea Aspen, Colorado 81612 Nor Pen ' (303) 925 -6727 lark I: lea'' CONSULTING ENGINEERS 8 SURVEYORS/ EXHIBIT 1 September 18, 1989 Mr. Sunny Vann Vann Associates, Inc. 230 East Hopkins Avenue Aspen, CO 81611 RE: Cblock Parcel Dear Sunny: I have, at your request, inspected the Cblock property (Lots D through I and N through S, Block 112, O.A.T.) and contacted the various primary utilities with regard to service availability and technical concerns with respect to the proposed tunnel. Utilities Generally, all utilities contacted indicated the ability to serve and expressed no major concern over the proposed tunnel that might preclude its construction. Most utilities suggested that their facilities be placed in conduit or sleeved in the tunnel area. More specific utility information follows: Water In a conversation with Jim Markalunas on August 16, he indicated that service is available to the project. He suggested tapping the 14 -inch transmission main in Cooper Avenue with an 8 -inch ductile line and valve in the West End street right -of -way. The north structure would then tap to the 8 -inch line and provide the future ability for the City to complete an interconnect between Cooper and Durant. The 8 -inch main should only be about 50 feet long. The south structure can tap directly to the existing 6 -inch main in Durant. Both structures should have individual meters to each unit. Sanitary Sewer I spoke to Tom Bracewell on August 16. He indicated that the ability to serve is dependent upon the upgrade of an existing line in the alley that is three blocks to the west of the project site. The existing line in the alley behind the Independence Building is apparently under- sized to handle the additional flow of a major project. Tom indicated that the Sanitation District would require the upsizing of this line as a condition of service. The alley line would comprise about 350 feet of new main. 1512 Grand Avenue, Suite 212 • Glenwood Springs, Colorado 81601 • (303) 9451004 (.) September 18, 1989 Mr. Sunny Vann Page two I would suggest that the upsizing of the line is a benefit to the District system as a whole and accounts for a capacity increase well beyond the needs of this project alone. It would seem appropriate, on behalf of the client, to offer some cost sharing or rebate agreement approach for the further utilization of the upgrade. Tom expressed no special concern over the proposed tunnel. He noted that the existing 8 -inch sewer has a slip- lining which may pose some problems in replacing a section, but indicated no abjection to place- ment over the tunnel. Survey information appears to show plenty of clearance to meet sewer grades over the tunnel. Electric I met with the City Electric Superintendent, Don Gilbert, on August 18. He indicated that the project would require three -phase primary that would need to be extended into the project site from the west side of Original Street (250 feet) along with a transformer for the structure. Don requested conduit for any lines in the area above a tunnel structure. Single -phase power is already available for construction use. Gas Ray Patch indicated that Ricky Pbuntain could serve the project and also suggested sleeving their lines over any tunnel. He noted that the existing gas line in the alley must be maintained during all construc- tion activity as it is a "dead end" line servicing structures to the east. Phone and Cable TV Though I was unable to get direct comments from the phone and cable companies, I note pedestals in place along the alley for both. I would anticipate that service is available and, given the low power nature of their lines, that replacement over the tunnel would not pose a problem. Storm Drainage The proposed structures transform property from mostly vegetation to nearly 50% structure. The project will require nearly 750 cubic feet of drywell capacity to meet City drainage standards. These drywells should be located as far from the structures within the property bound- ary as possible. Locations appear to be available in the northeast corner of the north site and along the south frontage of the south site. September 18, 1989 Mr. Sunny Vann Page three The depth of the structure will require close coordination with a soils consultant to determine that drywells can function on site without impacting the structure itself, or interfering with existing ground- water. Drywell overflow may be accommodated by routing back into the structure for pickup by a sump discharging to the surface or a storm drain. Drainage of the garage level would require a sand and grease trap and sump that would pump flows to the sanitary sewer. Roof, surface and patio drains would generally route to the drywells. We are confident that a drainage plan, meeting City requirements, can be generated and will provide detailed volume calculations for the project at Final Plat. Roads and Traffic Existing traffic volume data does not indicate specific count infor- mation for West End Street adjacent to the site, but does indicate average daily volumes of 4700 vehicles on Cooper, 1300 vehicles on Durant and 3400 vehicles on Original during peak winter season. Street configuration would tend to indicate a volume in the low 1000 range on West End. All streets are well below capacity. The proposed parking access on the alley results in no new conflicts on adjacent streets with traffic entering and exiting the project on existing alley alignments. Trip generation analysis for several downtown condominiums projects (TDA, Inc. Aspen Lodge Transportation Study, 1983) would indicate that two trip ends per day per parking space (one round trip is two trips ends), with parking provided at one space per bedroom, represents a conservative (high) estimate, particu- larly for a project this close to downtown. This generation would represent the addition of about 66 vehicles per day to the adjacent street network with a peak hour impact of 20 vehicles. Both numbers represent a small impact, easily absorbed by adjacent streets. The subgrade parking on the plan will eliminate any demand for on- street parking by the project residents and avoids even the conflicts normally associated with head -in parking off the alley. I believe the above information adequately responds to the items you had requested in our meeting of September 13. Call me if I may provide further information. J September 18, 1989 Mr. Sunny Vann Page four Respectfully submitted, SCHMUESER GORDON MEYER, INC. 1 Jay W. Hammond, P.E. Principal - Aspen Office JWH:lec /9181 1 1 1 J