HomeMy WebLinkAboutLand use Case.300 S Spring St.0024.2009.ASLU 2 THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0024.2009.ASLU
•
PARCEL ID NUMBER 2737 18 2 27 001
PROJECTS ADDRESS 300 S. SPRING ST
PLANNER BEN GAGNON
CASE DESCRIPTION VESTED RIGHTS
REPRESENTATIVE SNOWMASS CORP
DATE OF FINAL ACTION 06/09/09
CLOSED BY Angela Scorey on 06/26/2009
RECEPTION #: 561638. '04/2009 at
08:58:26 AM,
1 OF 3, R $16.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION NO. 37-B
(SERIES 2009)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, TO
APPROVE AN EXTENSION OF VESTED RIGHTS GRANTED BY ORDINANCE
NO. 16 SERIES OF 2006 BY THE CITY OF ASPEN CITY COUNCIL FOR THE
PROPERTY COMMONLY DESCRIBED AS THE HANNAH DUSTIN PROPERTY,
300 S. SPRING STREET, LEGALLY DESCRIBED AS UNIT A, HANNAH DUSTIN
SUBDIVISION, CITY OF ASPEN, PITON SOUNTY, COLORADO
Parcel Identification Number 2731- 18 -2 -27 -001
WHEREAS, the Community Development Department received an application
from the Snowmass Corporation, requesting an Extension of Vested Rights pursuant to
Ordinance No. 16, Series of 2006; and
WHEREAS, The Aspen City Council adopted Ordinance No. 16, Series of 2006,
which approved the Hannah Dustin Subdivision, and awarded Vested Property Rights
status for two free market residential units, three deed - restricted affordable housing units
and 2,440 square feet of office space, until July 31, 2009; and,
WHEREAS, the applicant submitted the application for a three (3) year
Extension of Vested Rights before the vested rights expired in 2009; and,
WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land
Use Code, City Council may grant an Extension of Vested Rights after a public hearing is
held and a resolution is adopted; and,
WHEREAS, the Community Development Director has reviewed the application
and recommended an approval for a one (1) year Extension of Vested Rights rather than a
three (3) year Extension of Vested Rights, for Unit A (Commercial Phase) of the Hannah
Dustin Subdivision; and
WHEREAS, the Aspen City Council has reviewed and considered an Extension of
Vested Rights for Unit A (Commercial Phase) of the Hannah Dustin Subdivision under
the provisions of the Municipal Code as identified herein, has reviewed and considered the
recommendation of the Community Development Director, and has taken and considered
public comment at a public hearing; and,
WHEREAS, the City Council fmds that a three (3) year Extension of Vested
Rights proposal is not consistent with the applicable land use standards; however, a two (2)
year Extension of Vested Rights is consistent with the applicable land use standards; and,
WHEREAS, the City Council finds that this resolution furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN COUNCIL AS
FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen
Municipal Code, the City Council hereby approves a two (2) year Extension of Vested
Rights for Unit A of the Hannah Dustin Subdivision that was approved by Ordinance No.
16, Series of 2006 by the Aspen City Council, with the new vested rights expiration date
of July 31, 2011, with the following conditions:
1. That the establishment herein of a vested property right shall not preclude the
application or regulations which are general in nature and are applicable to all
property subject to the land use regulation by the City of Aspen including, but
not limited to, building, fire, plumbing, electrical, and mechanical codes, and
all adopted impact fees that are in effect at the time of building permit, unless
an exemption granted in writing.
Section 2:
The building, 300 Spring Street, is required to provide water curtain protection for the
building's openings on the east side of the building as well as sprinkler protection for any
room within the building that includes an exterior wall on the east side of the building.
This measure provides interim fire protection between the subject building and the
building known as 707 E. Hyman Avenue until a comprehensive fire protection system
for the building can be installed. The initial installation's design, or city- approved
alternative fire suppression method, shall be completed by July 10, 2009, or the extension
of vested rights granted within this resolution shall become null and void. The installation
of the approved design shall be completed by October 9, 2009, or the extension of vested
rights granted within this resolution shall become null and void.
A NFPA fire sprinkler system, or city- approved alternative system, shall be installed and
completed throughout the building by the expiration date of the vested rights in the event
a building permit is not issued. If a building permit is issued, the system shall be installed
before the issuance of a Certificate of Occupancy.
Section 3:
The date upon which vested rights expire according to this resolution will be July 31,
2011, which will be considered the "Commencement Deadline" as described in the
Second Amendment to Subdivision Agreement for the Hannah Dustin Subdivision,
approved by Aspen City Council as Resolution No. 13, Series of 2009.
Section 4:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the City Council, are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein,
unless amended by an authorized entity.
Section 5:
This resolution shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the resolutions repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior resolutions.
Section 6:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 7:
A public hearing on this resolution was held the 8 day of June, 2009, in the City Council
Chambers, 130 S. Galena, 15 days prior to which public notice was published in a
newspaper of general circulation within the City of Aspen.
FINALLY adopted, passed and approved this 8 day of June, 2009 by a 5 -0 vote.
Michael C. Ireland, Mayor
Attes
r
i
Kathryn S. KI , City Clerk
Approved . s to form:
(- Sohn P. Worcester, City Attorney
X b•
MEMORANDUM
TO: Mayor Ireland and Aspen City Council
FROM: Ben Gagnon, Special Projects Planner'
THRU: Jennifer Phelan, Community Development Deputy
Director
DATE OF MEMO: June 1 2009
MEETING DATE: June 8` 2009
RE: 300 S. Spring St. Unit A, Hannah Dustin Subdivision —
Extension of Vested Rights
Public Hearing of Resolution No.Jeries of 2009
SUMMARY: CURRENT ZONING & USE
The Applicant requests City Council Located in the Mixed Use (MU) zone district.
approve an extension of vested rights of
an approval to build the Commercial PROPOSED LAND USE:
Phase of the Hannah Dustin project, The Applicant proposes an extension of vested
including 2,440 square feet of office rights for three (3) years.
space and one Category 2 affordable
housing unit. STAFF RECOMMENDATION:
Staff recommends denial of the proposed
APPLICANT /OWNER: three -year extension of vested rights. However,
The Snowmass Corporation staff supports a compromise in the form of a
one -year extension of vested rights.
REPRESENTATIVE:
David Myler Esq.
LOCATION:
300 S. Spring Street.; Legal Description
— Unit A, Hannah Dustin Subdivision;
Parcel Identification Number — 2737-
18 -2 -27 -001
LAND USE REQUEST AND REVIEW PROCEDURES: The applicant is requesting
the following land use approvals from the City Council:
• Extension of Vested Rights The City Council may by resolution at a public
hearing noticed by publication, mailing and posting [see section 26.308.010(B)]
approve an extension of vested rights in accordance with this section. City
Council is the final review authority who may approve or deny the proposal.
PROJECT SUMMARY:
The Hannah Dustin Subdivision was approved by Ordinance No. 16, Series of 2006,
which allowed for the development of two free market units, three Category 2 affordable
housing units and 2,440 square feet of office space at the Hannah Dustin building.
This approval was vested for a period of three (3) years from the date when the
Development Order was issued, on July 31, 2006. The vesting period allows a developer
to build what was approved without having to meet any regulation changes that may
occur during the vesting period. The time period also protects the municipality by
ensuring that an approved development is constructed in a timely manner -- or the
development is required to meet regulation changes after the vesting period has expired.
Several significant events related to the construction of the Hannah Dustin project have
occurred since it was approved in June 2006. As typically occurs, a Subdivision
Agreement was adopted in September 2006, specifying the various required public
improvements ranging from affordable housing to fee payments, drainage plans etc.
An Amendment to the Subdivision Agreement was adopted in November 2006 that split
construction into two phases: The Residential Phase /Unit B (two free market units and
two affordable housing units) and the Commercial Phase /Unit A (2,440 sq. ft. of office
space and one affordable housing unit). The splitting of phases accommodated the sale of
the Commercial Phase /Unit A to the Snowmass Corporation.
Residential Phase/Unit 13 Commercial Phase/Unit A
Two Free Market Units One Category 2 Unit
Two Category 2 Units 2,440 sq. ft. Office Space
10 -unit underground garage
Part of the intent of the November 2006 Amendment to the Subdivision Agreement was
to assure that when one phase of the project is being built, the other phase would be
completed soon thereafter. The Amendment to the Subdivision Agreement stated that one
phase of the project would be granted a Certificate of Occupancy only if the other phase
of the project had been issued a building permit and was 50% complete i.e. had received
a framing inspection approval.
The Residential Phase/Unit B obtained a building permit in 2007 and construction has
been ongoing since then. In order to get a Final Certificate of Occupancy for the
Residential Phase /Unit B, a building permit would have to be issued for the Commercial
Phase/Unit A, and work would have to be 50% complete.
Last summer and fall, the Snowmass Corporation worked with the Building Department
to obtain a building permit for the Commercial Phase/Unit A, which could be issued at
any time. However, when the global economy slid into recession during the past six
months, the Snowmass Corporation determined that "it was not ... prudent to commence
construction," according to a letter from representative David Myler.
As a result, the Snowmass Corporation asked for a Second Amendment to the
Subdivision Agreement. Approved by City Council as Resolution No. 13 on February 23,
2009, the Second Amendment to the Subdivision Agreement effectively lays out the
terms by which Snowmass Corporation would apply for a three -year extension of vested
rights. At the same time, Resolution No. 13 assures that the third affordable housing unit
will be provided either on -site or elsewhere, by requiring a $500,807 letter of credit from
Snowmass Corporation.
If Snowmass Corporation obtains a building permit before the July 31, 2009 expiration of
its vested rights, the $500,807 letter of credit would be reduced by 25% when a framing
inspection of the Commercial Phase/Unit A is approved (when the project is 50%
complete) The balance of the letter of credit would be released if Snowmass Corporation
obtains a Certificate of Occupancy (C.O.) within two years of receiving the building
permit. If a C.O. is not issued before the two -year period, the City would retain the
balance of the deposit.
If the current vested rights period is extended to July 31, 2012, and if Snowmass
Corporation obtains a building permit before July 31, 2012, the same arrangement would
apply: The $500,807 letter of credit would be reduced by 25% when a framing inspection
of the Commercial Phase/Unit A is approved (at 50% completion of the project) — and the
balance of the letter of credit would be released if Snowmass Corporation obtains a
Certificate of Occupancy within two years of receiving the building permit.
Snowmass Corporation has recently delivered the $500,807 irrevocable letter of credit to
the City of Aspen. The only scenario in which the City of Aspen would convert the
$500,807 letter of credit into cash is if Snowmass Corporation fails to obtain a building
permit before its vested rights expire — whether that occurs under the current schedule on
July 31, 2009, or on July 31, 2012, if Council chooses to extend the vested rights until
that date.
If Snowmass Corporation fails to obtain a building permit before its vested rights expire
and the City converts the letter of credit to cash, Snowmass Corporation would still be
able to obtain a building permit for the Commercial Phase/Unit A — but would be subject
to the Land Use Code requirements in place when Snowmass Corporation applies for the
building permit. Section 5 of the Second Amendment of the Subdivision Agreement
addresses this scenario.
Titled "Housing Mitigation Credit," Section 5 would allow Snowmass Corporation to
apply some or all of the $500,807 to pay for any new mitigation that may be required if
the Land Use Code is changed after the vested rights expire and before Snowmass
Corporation applies for a building permit. Although Section 5 allows for Snowmass
Corporation to request that some or all of the $500,807 be used in this manner — "the City
is under no obligation to issue any credit," according to the agreement.
STAFF COMMENTS:
The fundamental question before City Council is one of timing. Does the Council
acknowledge the applicant's desire to delay construction due to the weak financial
climate, or does the Council wish to see the Commercial Phase constructed as soon as
possible?
In terms of the third affordable housing unit required as mitigation — it will either be
delivered in the form of $500,807, or as a third affordable housing unit in the
Commercial Phase. The fundamental question is: When will the mitigation be provided?
If the Council extends the applicant's vested rights for three years, the third of three
affordable housing units would either be built and ready to occupy by July 31, 2014 — or
the City would get $500,807 at that time to provide an affordable housing unit elsewhere.
If the Council does not extend the applicant's vested rights, the third of three affordable
housing units would be built and ready to occupy by July 31, 2011 -- or the City would
get $500,807 at that time to provide an affordable housing unit elsewhere.
From the City's perspective, staff prefers to see the affordable housing unit constructed
sooner rather than later, particularly since the three affordable housing units were
mitigation for the free market residential units in the Residential Phase, which has
obtained a Conditional Certificate of Occupancy and is expected to obtain a final C.O. by
mid -June.
The criteria for evaluating an application for extension of vested rights includes weighing
"the needs of the city and the applicant ..." (emphasis added; please see Exhibit A.)
With a substantial amount of empty office space available for lease in the downtown
area, staff understands why Snowmass Corporation does not want to proceed with the
Commercial Phase of the project.
However, staff must weigh the need to mitigate for free market units that are already
completed against the desire of the applicant to delay construction in the hope that the
economy improves.
The First Amendment to the Subdivision Agreement purposefully ties the two phases of
the project close together in time. The Second Amendment to the Subdivision Agreement
outlines the terms of a potential extension of vested rights, but does not explicitly endorse
such an extension.
Staff believes that criterium d) under Section 26.308.010(C)1 Extension or
Reinstatement of Vested Rights, which asks whether the "needs of the City ... would be
served" intentionally allows for some discretion in rendering a decision on extending
vested rights.
•
Staff's opinion is that "the needs of the city" would not be served by granting a three -year
extension of vested rights, which could result in mitigation being provided five years
after the impact is created.
In addition, criterium c) under Section 26.308.010(C)1 asks the Council to address "The
nature and extent of any benefits already received by the City as a result of the project
approval such as impact fees or land dedications."
Staff finds that the City has not "already received" the full extent of the benefits required
in Ordinance No. 16, Series of 2006, and under an extension of vested rights, might not
receive those full benefits until July 31, 2014.
However, staff is cognizant of the difficult economic times, and would support a one -year
extension of vested rights. Included with this memo are two Resolutions, one would
approve a three -year extension of vested rights as requested by the applicant and the
alternative resolution would approve a one -year extension of vested rights as
recommended by staff.
RECOMMENDATION: Staff recommends denial of a three -year extension of vested
rights, but asks Council to consider a one -year extension, as outlined in Resolution No.
J -B.
CITY MANAGER'S COMMENTS:
RECOMMENDED MOTION: "I move to adopt Resolution No. 5 Series of 2009,
with conditions."
ATTACHMENTS:
Exhibit A — Staff Findings
Exhibit B — Application
Exhibit C — Ordinance No. 16, Series of 2006
Exhibit D — Subdivision Agreement
Exhibit E — First Amendment to Subdivision Agreement
Exhibit F — Second Amendment to Subdivision Agreement
Y¢d
EXHIBIT G
MEMORANDUM
•
To: Mayor Ireland and Aspen City Council
FROM: Jennifer Phelan, Deputy Planning Directo j
RE: 300 S. Spring St., Fire Protection Issue
DATE: June 8, 2009
Today, city council will be considering a request on behalf of the Snowmass Corporation
for an extension of vested rights. As outlined in the staff memo to council, the property
is approved for redevelopment as a mixed -use project. Approved development for the
site includes: a new building containing two free - market residences and two affordable
housing units as well as an addition to the existing commercial building containing new
commercial and an affordable housing unit. This approved development has been
divided into two components: the residential phase (new building) and the commercial
phase (existing building with addition). The residential phase is complete and the
applicant is requesting a longer timeline to complete the commercial phase.
As a result of the potential delay of the development of the commercial phase, the
Building Department is concerned with fire separation between the two buildings on the
site. 300 S. Spring contains openings (doorways and windows) on the east side of the
building that do not meet building code for permitted openings with the development of
the residential phase. This fire separation issue was anticipated to be handled with the
remodel and redevelopment of the commercial phase; however, with the potential delay
of the commercial phase, the building department is requesting an interim measure to
address fire separation requirements of the International Building Code. Following is a
condition (condition 2) that should be included with Resolution No. 37 (Series of 2009)
to address interim fire protection.
Condition 2. The building, 300 Spring Street, is required to provide water curtain
protection for the building's openings on the east side of the building as well as
sprinkler protection for any room within the building that includes an exterior wall
on the east side of the building. This measure provides interim fire protection
between the subject building and the building known as 707 E. Hyman Avenue
until a comprehensive fire protection system for the building can be installed. The
initial installation's design, or city approved alternative fire suppression method,
shall be completed by July 10, 2009, or the extension of vested rights granted
within this resolution shall become null and void. The installation of the approved
design shall be completed by October 9, 2009, or the extension of vested rights
granted within this resolution shall become null and void.
A NFPA 13 fire sprinkler system, or city approved alternative system, shall be
installed and completed throughout the building by the expiration date of the
vested rights in the event a building permit is not issued. If a building permit is
issued, the system shall be installed before issuance of the Certificate of
Occupancy.
RESOLUTION NO. A
(SERIES 2009)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, TO
APPROVE AN EXTENSION OF VESTED RIGHTS GRANTED BY ORDINANCE
NO. 16 SERIES OF 2006 BY THE CITY OF ASPEN CITY COUNCIL FOR THE
PROPERTY COMMONLY DESCRIBED AS THE HANNAH DUSTIN PROPERTY,
300 S. SPRING STREET, LEGALLY DESCRIBED AS UNIT A, HANNAH DUSTIN
SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO
Parcel Identification Number 2735- 18 -2 -27 -001
WHEREAS, the Community Development Department received an application
from the Snowmass Corporation, requesting an Extension of Vested Rights pursuant to
Ordinance No. 16, Series of 2006; and
WHEREAS, The Aspen City Council adopted Ordinance No. 16, Series of 2006,
which approved the Hannah Dustin Subdivision, and awarded Vested Property Rights
status for two free market residential units, three deed - restricted affordable housing units
and 2,440 square feet of office space, until July 31, 2009; and,
WHEREAS, the applicant submitted the application for a three (3) year
Extension of Vested Rights before the vested rights expired in 2009; and,
WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land
Use Code, City Council may grant an Extension of Vested Rights after a public hearing is
held and a resolution is adopted; and,
WHEREAS, the Community Development Director has reviewed the application
and recommended an approval for a one (1) year Extension of Vested Rights rather than a
three (3) year Extension of Vested Rights, for Unit A (Commercial Phase) of the Hannah
Dustin Subdivision; and
WHEREAS, the Aspen City Council has reviewed and considered an Extension of
Vested Rights for Unit A (Commercial Phase) of the Hannah Dustin Subdivision under
the provisions of the Municipal Code as identified herein, has reviewed and considered the
recommendation of the Community Development Director, and has taken and considered
public comment at a public hearing; and,
WHEREAS, the City Council finds that a three (3) year Extension of Vested
Rights proposal is consistent with the applicable land use standards; and,
WHEREAS, the City Council finds that this resolution furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN COUNCIL AS
FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen
Municipal Code, the City Council hereby approves a three (3) year Extension of Vested
Rights for Unit A of the Hannah Dustin Subdivision that was approved by Ordinance No.
16, Series of 2006 by the Aspen City Council, with a new vested rights expiration date of
July 31, 2012, with the following conditions:
1. That the establishment herein of a vested property right shall not preclude the
application or regulations which are general in nature and are applicable to all
property subject to the land use regulation by the City of Aspen including, but
not limited to, building, fire, plumbing, electrical, and mechanical codes, and
all adopted impact fees that are in effect at the time of building permit, unless
an exemption granted in writing.
Section 2:
The date upon which vested rights expire according to this resolution is July 31, 2012,
which will be considered the "Commencement Deadline" as described in the Second
Amendment to Subdivision Agreement for the Hannah Dustin Subdivision, approved by
Aspen City Council as Resolution No. 13, Series of 2009.
Section 3:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the City Council, are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein,
unless amended by an authorized entity.
Section 4:
This resolution shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the resolutions repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior resolutions.
Section 5:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 6:
A public hearing on this resolution was held the 8` day of June, 2009, in the City Council
Chambers, 130 S. Galena, 15 days prior to which public notice was published in a
newspaper of general circulation within the City of Aspen.
FINALLY adopted, passed and approved this 8` day of June, 2009 by a vote.
Michael C. Ireland, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
RESOLUTION NO3713
(SERIES 2009)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, TO
APPROVE AN EXTENSION OF VESTED RIGHTS GRANTED BY ORDINANCE
NO. 16 SERIES OF 2006 BY THE CITY OF ASPEN CITY COUNCIL FOR THE
PROPERTY COMMONLY DESCRIBED AS THE HANNAH DUSTIN PROPERTY,
300 S. SPRING STREET, LEGALLY DESCRIBED AS UNIT A, HANNAH DUSTIN
SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO
Parcel Identification Number 2735- 18 -2 -27 -001
WHEREAS, the Community Development Department received an application
from the Snowmass Corporation, requesting an Extension of Vested Rights pursuant to
Ordinance No. 16, Series of 2006; and
WHEREAS, The Aspen City Council adopted Ordinance No. 16, Series of 2006,
which approved the Hannah Dustin Subdivision, and awarded Vested Property Rights
status for two free market residential units, three deed - restricted affordable housing units
and 2,440 square feet of office space, until July 31, 2009; and,
WHEREAS, the applicant submitted the application for a three (3) year
Extension of Vested Rights before the vested rights expired in 2009; and,
WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land
Use Code, City Council may grant an Extension of Vested Rights after a public hearing is
held and a resolution is adopted; and,
WHEREAS, the Community Development Director has reviewed the application
and recommended an approval for a one (1) year Extension of Vested Rights rather than a
three (3) year Extension of Vested Rights, for Unit A (Commercial Phase) of the Hannah
Dustin Subdivision; and
WHEREAS, the Aspen City Council has reviewed and considered an Extension of
Vested Rights for Unit A (Commercial Phase) of the Hannah Dustin Subdivision under
the provisions of the Municipal Code as identified herein, has reviewed and considered the
recommendation of the Community Development Director, and has taken and considered
public comment at a public hearing; and,
WHEREAS, the City Council finds that a three (3) year Extension of Vested
Rights proposal is not consistent with the applicable land use standards; however, a one (1)
year Extension of Vested Rights is consistent with the applicable land use standards; and,
WHEREAS, the City Council finds that this resolution furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN COUNCIL AS
FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen
Municipal Code, the City Council hereby approves a one (1) year Extension of Vested
Rights for Unit A of the Hannah Dustin Subdivision that was approved by Ordinance No.
16, Series of 2006 by the Aspen City Council, with the new vested rights expiration date
of July 31, 2010, with the following conditions:
1. That the establishment herein of a vested property right shall not preclude the
application or regulations which are general in nature and are applicable to all
property subject to the land use regulation by the City of Aspen including, but
not limited to, building, fire, plumbing, electrical, and mechanical codes, and
all adopted impact fees that are in effect at the time of building permit, unless
an exemption granted in writing.
Section 2:
The date upon which vested rights expire according to this resolution will be July 31,
2010, which will be considered the "Commencement Deadline" as described in the
Second Amendment to Subdivision Agreement for the Hannah Dustin Subdivision,
approved by Aspen City Council as Resolution No. 13, Series of 2009.
Section 3:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the City Council, are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein,
unless amended by an authorized entity.
Section 4:
This resolution shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the resolutions repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior resolutions.
Section 5:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 6:
A public hearing on this resolution was held the 8 day of June, 2009, in the City Council
Chambers, 130 S. Galena, 15 days prior to which public notice was published in a
newspaper of general circulation within the City of Aspen.
FINALLY adopted, passed and approved this 8 day of June, 2009 by a vote.
Michael C. Ireland, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
Exhibit A
Review Criteria & Staff Findings
26.308.010(C)1 Extension or Reinstatement of Vested Rights.
The City Council may by resolution at a public hearing noticed by publication, mailing and
posting approve an extension or reinstatement of expired vested rights or a revoked development
order in accordance with this Section.
1. In reviewing a request for the extension or reinstatement of vested rights, the City
Council shall consider, but not limited to, the following criteria:
a. The applicant's compliance with any conditions requiring performance prior to the date of
application for extension or reinstatement.
Staff Finding: All fees have been paid and most public improvements have been
completed as required under Ordinance No. 16, Series of 2006, with regard to work on
the Residential Phase /Unit B. The Building Department has issued a conditional
Certificate of Occupancy (CO) for the Residential Phase/Unit B. The conditions of
approval include a series of minor corrections that must be completed before a CO is
issued. All required public improvements will have been completed before a Final CO is
issued.
However, the record indicates that the three affordable housing units required under
Ordinance No. 16, Series of 2006, were to mitigate the residential free market units that
are nearing completion in the Residential Phase. While two affordable housing units are
also nearing completion in the Residential Phase, the third is to be built as part of the
Commercial Phase. Due to this condition, the City has required Snowmass Corporation to
provide a $500,807 irrevocable letter of credit, so that a similar housing unit could be
provided elsewhere if Snowmass Corporation does not obtain a building permit for the
Commercial Phase before its vested rights expire. For this reason, staff finds this
criterium has been met.
b. The progress made in pursuing the project to date including the effort to obtain any other
permits, including a building permit and the expenditures made by the applicant in pursuing the
project.
Staff Finding: Snowmass Corporation has gone through the building permit process with
the Building Department for the Commercial Phase, and may obtain such a permit at
virtually any time. Snowmass Corporation has chosen not to obtain the building permit
due to economic conditions. Staff finds this criterium has been met.
c. The nature and extent of any benefits already received by the City as a result of the project
approval such as impact fees or land dedications.
Staff Finding: The three affordable housing units required in Ordinance No. 16, Series
of 2006, were mitigation for the two residential free market units that are soon to be
completed. Under an extension of vested rights, the third of these affordable housing
units might not be ready for occupation until July 31, 2014. Staff finds this criterium has
not been met.
d. The needs of the City and the applicant that would be served by the approval of the extension
or reinstatement request.
Staff Finding: If the Council extends the applicant's vested rights for three years, the
third of three affordable housing units would either be built and ready to occupy by July
31, 2014 — or the City would get $500,807 at that time to provide an affordable Housing
unit elsewhere.
If the Council does not extend the applicant's vested rights, the third of three affordable
housing units would be built and ready to occupy by July 31, 2011 -- or the City would
get $500,807 at that time to provide an affordable Housing unit elsewhere.
This application for an extension of vested rights is apparently based on the applicant's
concern about current economic conditions. When the global economy slid into recession
during the past six months, the Snowmass Corporation determined that "it was not ...
prudent to commence construction," according to a letter from representative David
Myler.
Staff believes the city's need for affordable housing, in this case to mitigate for two free
market residential units that will be completed within a matter of weeks, outweighs the
needs of the applicant to wait and see if the economic climate improves.
The fact that the economy is in a poor condition does not alleviate the applicant of the
underlying responsibility to mitigate for a project's impacts. The strength or weakness of
the national /global economy is part of the fundamental risk and reward for any developer,
and not a condition that local government is responsible to ameliorate. Staff finds this
criterium has not been met.
2. An extension or reinstatement may be in the, form of a written agreement duly authorized and
executed by the applicant and the City. Reasonable conditions may be imposed by the City
Council including, but not limited to, compliance with any amendments to this Title adopted
subsequent to the effective date of the development order and associated vested rights.
Staff Finding: This is not a criteria, but outlines an option for City Council to impose
conditions on an extension of vested rights. Staff is recommending denial of the
extension of vested rights.
E tAi 3 E
THE MYLER LAW FIRM, P.C.
DAVID J. MYLER' A Colorado Professional Corporation TELEPHONE
ROBYN J. MYLER' 2' (970) 927-0456 FACSIMILE
ADMITTED M CO', NY', CT' 211 MIDLAND AVENUE (970) 927 -0374
EMAILS
SUITE 201
dmyler@mylerlawpc.com
BASALT, COLORADO 81621 rmyler @mylerlawpc.com
RHONDA E. NEFF, LEGAL ASSISTANT mefr @mylerlawpc com
CONNIE A. WOOD, LEGAL ASSISTANT ewood @mylerlawpc com
March 25, 2009
Aspen City Council
130 South Galena Street
Aspen, CO 81611
RE: Application for Extension of Vested Rights for Construction
of Commercial Phase of Hannah Dustin Subdivision
Ladies and Gentlemen:
Pursuant to Ordinance No. 16, Series of 2006, the City Council approved a mixed use
development known as Hannah Dustin. The project consists of a Residential Phase and a
Commercial Phase. The Residential Phase contains two (2) free market units, two (2) deed restricted
units and ten (10) underground parking spaces, eight (8) of which are to be available for use by the
owners or tenants of the Commercial Phase. The Commercial Phase consists of 2,440 square feet
of office space and one (1) deed restricted unit. In 2006, the initial developer conveyed the parcels
on which the Residential Phase and the Commercial Phase are to be developed to separate
developers. Hyman Street Brownstones, LLC purchased the property on which the Residential Phase
was to be developed and the Snowmass Corporation purchased the property on which the
Commercial Phase was to be developed.
Contemplating that the phases would not be undertaken and completed simultaneously, but
recognizing that certain community benefits (in particular, affordable housing and structured
parking) for the entire project were located in each of the phases, the owners and the City amended
the initial Subdivision Agreement to provide that a Certificate of Occupancy for one phase would
not be issued until the other phase was at least 50% complete and that the owner of the incomplete
phase was able to provide evidence of financing sufficient to complete that phase. The Residential
Phase, including two (2) affordable housing units and all of the underground parking, is nearing
completion. However, the Snowmass Corporation has not been able to begin construction of the
Commercial Phase and, thus, will not be able to satisfy the 50% completion requirement by the time
that the Residential Phase will be eligible for a Certificate of Occupancy.
The Snowmass Corporation spent several months last summer and fall processing its
application for a building permit. The process was substantially delayed in order to work with the
THE MYLER LAW FIRM, P.C.
Aspen City Council
March 25, 2009
Page 2
Building Department to redesign significant elements of the office addition to accommodate new
requirements and requests relating to handicap access. That process has been completed and the
Building Department is prepared to issue a permit for construction of the Commercial Phase at any
time. In addition, Snowmass Corporation obtained, last fall, a commitment from Bank of America
for construction financing sufficient to complete the Commercial Phase.
Snowmass Corporation was prepared to commence construction with the expectation that
they could achieve 50% completion prior to the time that the Residential Phase would be eligible for
a Certificate of Occupancy when the financial climate began to change for the worse. Although the
financing remains available, it was not considered prudent to commence construction last fall or at
the present.
The Subdivision Agreement was amended in February 2009 to obtain additional time to
commence and complete the Commercial Phase in order to better understand the economic situation,
while at the same time removing obstacles to the issuance of a Certificate of Occupancy for the
Residential Phase. A new deadline for commencement of the Commercial Phase was created. In
addition, Snowmass Corporation provided a cash deposit in the amount of $500,807.25, which can
be replaced with an irrevocable letter of credit. The deposit will be forfeited if the Snowmass
Corporation does not commence construction of the Commercial Phase, including a two- bedroom
Category II affordable housing unit, by July 31, 2009. The amount of the deposit is equal to the
cash -in -lieu fee for the number of employees to be housed by the Commercial Phase and, thus, will
provide the City with the full mitigation required by the project if the Commercial Phase is not
constructed.
Snowmass Corporation fully intends to begin construction of the Commercial Phase as soon
as financial and market conditions permit. Pursuant to the Second Amendment to Subdivision
Agreement, if we begin before the deadline, the deposit will be refunded. If not, the deposit will be
forfeited.
In short, Snowmass Corporation is attempting to achieve some flexibility in determining
when to begin its project and, at the same time, to provide financial assurances that the project's
mitigation requirements will be satisfied. We do not perceive that the City has any risk. Two (2)
of the three (3) affordable housing units and all ten (10) of the parking spaces are complete. The
third affordable housing unit will be constructed when the Commercial Phase is completed and, in
the meantime, the City has an adequate financial assurance that the project's housing mitigation
requirements will be satisfied even if the Commercial Phase is not constructed.
An important aspect of flexibility in this case is the extension of the current vested rights
period from July 31, 2009 to July 31, 2012. A three -year extension will afford the opportunity to
gain a better understanding of market conditions in order that there will be a reasonable likelihood
of attracting new tenants to the new space once it is completed. It is not in the best interest of either
•
THE MYLER LAW FIRM, P.C.
Aspen City Council
March 25, 2009
Page 3
Snowmass Corporation or the City for the space to be vacant for too long. We would greatly
appreciate your willingness to accommodate this request.
Very truly yours,
THE MYLER L:_ FIRM, P.C.
By:
David J. Myler
P312 yhi t'+
- s
ORDINANCE NO. 16
(SERIES OF 2006)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING
WITH CONDITIONS THE HANNAH DUSTIN BUILDING SUBDIVISION TO
ADD 2,440 SQUARE FEET OF NET LEASABLE SPACE, TWO FREE MARKET
RESIDENTIAL UNITS, AND THREE AFFORDABLE HOUSING UNITS TO THE
PROPERTY LOCATED AT 300 SOUTH SPRING STREET, CITY OF ASPEN,
PITKIN COUNTY, COLORADO.
Parcel ID: 2737-182-27-001
WHEREAS, the Community Development Department received an application
from Hyman Avenue Holdings, LLC, represented by Stan Clauson Associates, LLC,
requesting approval of subdivision, various growth management reviews, commercial
design review, and condominiunization to add 2,440 square feet of net leasable space,
two (2) free - market residential units, and three (3) affordable housing units to the
Hannah - Dusting Building located at 300 S. Spring Street; and,
WHEREAS, the subject property contains 12,000 square feet andis zoned MU
(Mixed Use); and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Department recommended approval, with conditions, of the
proposed subdivision and associated land use requests; and,
WHEREAS, during a public heating on April 4, 2006, the Planning and Zoning
Commission approved Resolution No. 09, Series of 2006, by a six to zero (6-0) vote,
approving a growth management review for expansion of mixed use development, a growth
management review for &tee- market residential units within a mixed use development, a
growth management review for affordable housing, commercial design review, a
commercial design standard variance, special review to vary the utility/trash/recycling area,
and recommending that City Council approve with conditions, the proposed Subdivision
and condominiumization to add 2,440 square feet of net leasable space, two (2) free -
market residential units, and three (3) affordable housing units to the Hannah - Dusting
Building located at 300 S. Spring Street; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein; and,
WRRREAS, the Aspen City Council finds that the development proposal meets or
exceeds all applicable development standards and that the approval of the development
proposal, with conditions, is consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the Planning and Zoning Commission finds that this resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY
COUNCIL AS FOLLOWS:
Section is • -
Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen
Municipal • Code, (and whereas the Planning and Zoning Commission approved with
conditions, a growth management review for expansion of mixed use development, a
growth management review for &ee- market residential units within a mixed use
development, a growth management review for affordable housing, commercial design
review, a commercial design review variance, and special review to vary the
utility /trash/recycling area dimensions), the City Council approves, the proposed
Subdivision and condominiumization to add 2,440 square feet of net leasable space, two
(2) free - market residential units, and three (3) affordable housing units to the Hannah-
Dusting Building located at 300 S, Spring Street, with the conditions contained herein.
Section 2: Plat and Aareemeot
The Applicant shall record a subdivision plat and agreement that meets the requirements of
Land Use Code Section 26.480, Subdivision, within 180 days of approval.
Section 3; Building Permit Application
The building permit application shall include the following:
a. . A copy of the final City Council Ordinance and P&Z Resolution.
•
b. The conditions of approval printed on the cover page of the building permit set.
c. A completed tap permit for service with the Aspen Consolidated Sanitation District,
d. A drainage plan, including an erosion control plan, prepared by a Colorado licensed
Civil Engineer, which maintains sediment and debris on -site during and after
construction. If a ground recharge system is required, a soil percolation report will
be required to correctly size the facility. A 5 -year storm frequency should be used
in designing any drainage improvements.
e. A construction management plan pursuant to the Building Department' s
requirements. The construction management plan shall include an identification of
construction hauling routes for review and approval by the City Engineer and
Streets Department Superintendent.
f. A fugitive dust control plan to be reviewed and approved by the City Engineering
Department. •
g. A detailed excavation plan that utilizes vertical soil stabilization techniques for
review and approval by the City Engineer.
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Section 4: Dimensional Requirements
The Hannah - Dustin building shall continue to be in compliance with the dimensional
requirements of the Mixed Use (MU) Zone District, The City of Aspen Zoning Officer
shall verify compliance "with the allowed dimensional requirements at the time of
building permit submittal.
Section 5: Off -street Parking
The project shall provide sixteen (16) off-street parking spaces, four (4) of which shall be
designated for the use of the free market residential units, three (3) of which shall be
designated for use by the affordable housing units, and nine (9) of which shall be
designated for the use of the commercial space and guest parking.
Section 6: Sidewalk and Landscaping Improvements
The Applicant shall install a sidewalk detached from the curb with a parkway strip along
East Hyman Avenue for the length of the property frontage that meets the City
Engineer's standards prior to issuance of a certificate of occupancy on any portion of the
development. Appropriate street tree plantings shall occur in the parkway strip along the
property frontage on both East Hyman Avenue and South Spring Street. The Applicant
shall submit a landscaping plan for plantings in the right -of -way for review and approval
by the City Parks Department prior to installation of right -of -way plantings.
Section 7: Trash/Utility Service Area
A trash/utility service area with a linear footage of fourteen (14) feet and a depth of ten
(10) feet shall be provided between the existing building and the alleyway. A trash
compactor shall be installed to justify the reduction in the trash/utility /recycling area.
Section 8: Affordable Housing Unit
The Applicant shall record a deed restriction on each of the affordable housing units prior ,
to the issuance of a certificate of occupancy on the building classifying the units as
Category 2 units. If the Applicant chooses to deed restrict the affordable housing units as
rental units, the Applicant shall convey a 1/10 of a percent, undivided interest in the units
to the Aspen/Pitkin County Housing Authority prior to the issuance of a certificate of
occupancy on any portion of the building. The units may be deed - restricted as rental
units, but the units shall become ownership units at such time as the owners would
request a change to "for- sale" units or at such time as the Aspen/Pitkin Cotmty Housing
Authority deems the units to be out of compliance with the rental occupancy
requirements in the Affordable Housing Guidelines for a period of more than year.
Section 9: Fire Mitigation
The Applicant shall install a fire sprinkler system and alarm system that meets ,the
requirements of the Fire Marshal in the entire building, including existing spaces.
Section 10: Water Department Requirements
The Applicant shall comply with the City of Aspeh Water System Standards, with Title
25, and with the applicable standards of Title 8 (Water Conservation and Plumbing
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Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water
Department. Each of the units within the building shall have individual water meters.
Section 11: Sanitation District Requirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. No clear water connections (roof, foundation, perimeter drains) to ACSD
lines shall be allowed: All improvements below grade shall require the use of a pumping
station. If more than one unit is to be served by a single service line, the Applicant shall
enter into a shared service line agreement.
Section 12: Electrical Department Requirements
The Applicant shall have an electric connect load summary conducted by a licensed
electrician in order to determine if the existing transformer on the neighboring property
has sufficient capacity for the Hannah -Dustin Redevelopment. If a new supplemental
transformer is required to be installed on the Hannah - Dustin property, the Applicant shall
• provide for a new transformer and its location shall be approved by the Community
Development Department prior to installation. The Applicant shall dedicate an easement
to allow for City Utility Personnel to access the supplemental transformer for
maintenance purposes, if a supplemental transformer is installed.
Section 13: Exterior Liehting
All exterior Lighting shall meet the requirements of the City's Outdoor Lighting Code
pursuant to Land Use Code Section 26.575,150, Outdoor lighting.
Section 14: School Lands Dedication Fee
Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall
pay a fee -in -lieu of land dedication prior to building permit issuance. The City of Aspen
Zoning Officer shall calculate the amount due using the calculation methodology and fee
schedule in affect at the time of building permit submittal. The Applicant shall provide
the market value of the land including site improvements, but excluding the value of
structures on the site.
•
Section 15: Park Development Impact Fee
Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant
shall pay a park development impact fee in the amount of $19,176.20 prior to building
permit issuance. The fee is assessed based' on the following calculation:
' Proposed Commercial:
2,440 SF of new net leasable square feet multiplied by $1,530.00 per 1,000 SF= $3,733.20
Proposed Residential
2 (four - bedroom) Free Market Residential Unit multiplied by $3,634 per unit= $7,268.00
3 (two - bedroom) Residential Units multiplied by $2,725 per unit= $8,175.00
Total: $19,176.20
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Section 16: Impact Fees
All other impact fees, as applicable, at the time of building permit submission shall be
paid prior to the issuance of a building permit.
Section 17: Employee Housing Mitigation
The development shall contain gross affordable housing floor area equal to or greater
than 30% of the gross free- market residential floor area. This percentage shall be verified
by the City Zoning Officer prior to building permit issuance.
Section 18:
All material representations and commitments made by the Applicant pursuant to the
development proposal at as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, are
hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity. _. ..
Section 19:
This ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now . pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded corder such
prior ordinances.
Section 20:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 21:
A public hearing on the ordinance shall be held on the l2 day of June, 2006, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen days prior to which, a public
notice of thc same shall be published in a newspaper of general circulation within the City of
Aspen. •
INTRODUCED, READ AND ORDERED PUBLISHED as p • •ded by law, by the City
Council of the City of Aspen on the 24 day of April, 21 "
e
He W . KgY. , - Mayor
FINALLY, a ted, passed and approve this 26 day of June, 2006.
....s Jo
Att.. t:
_ � ' .
Kathrn S. itch, C • Clerk Helen lin ayor
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JRNICE K V05 CAUDILL PITKIN COUNTY CO R 31.00 0 0.00
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APPROVED AS TO FORM:
•
J ibirWoreester, City Attorney
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• SUBDIVISION-AGREEMENT FOR THE HANNAH DUSTIN SUBDIVISION
M FF
THIS SUBDIVISION AGREEMENT is made and entered into this f �� day of 7¢ Jn� 2006,
by and between THE CITY OF ASPEN, COLORADO, a municipal corporation (herein er referred
to as the "City") and Hyman Avenue Holdings, LLC a Colorado limited liability company (hereinafter
referred to sometimes as the 'Applicant" and sometimes as "Hyman Avenue Holdings").
WITNESSETH:
WHEREAS, Hyma` Avenue Holdings has submitted to the City an "Application"
consisting of a request for approval from subdivision, various growth Management reviews,
commercial design review, and condominiumizaton to add 2,440 square feet of net leaseable
space, two (2) free market residential units, and three (3) affordable housing units to be
consolidated, platted and known as the Hannah Dustin Subdivision (the "Property"), which
Application requested the approval, execution and recordation of a Final Subdivision Plat of the •
Property (the "Final Plat"); and
WHEREAS, the City has fully considered and approved the Application, Final Plat, and
the proposed development and improvement of the Property pursuant to Ordinance No. 16
(Series of 2006) , and the effects of the proposed development and improvements of said
. Property on adjoining or neighboring properties and property owners; and
WHEREAS, the City has imposed certain conditions and requirements in connection with
its approval of the Application, and its execution and recordation of the Final Plat, such matters
being necessary to promote, protect, and enhance the public health, sabty, and general welfare;
and
WHEREAS, Hyman Avenue.Holdings is willing to acknowledge, accept, abide by, and •
faithfully perform the conditions and requirements imposed by the City in approving the
Application, and the Final Plat; and
•
WHEREAS, under the authority of Sections 26.445.070 (C and D) and 26.480.070 (C
and D) of the Aspen Municipal Code, the City is entitled to certain financial guarantees to ensure
that the required public facilities are installed and Hyman Avenue Holdings is prepared to
provide such guarantees that hereinafter set forth; and
WHEREAS, contemporaneously with the execution recording of this Subdivision
Agreement the City and H an Avenue Holdings have executed and recorded the Final Plat in
Plat Book %I at Paged , Reception No.. ag93 in the ofice of the Clerk and Recorder
of Pitkin County, Colorado.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, the approval, execution, and acceptance of this Subdivision Agreement for
recordation by the City, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows: •
• IIII l 1 IM 1 1 ! I IIII 1 o I {OOD309.DOCI 1) I I UU COU u
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1 ;MICE K VDS C AUDILL PITKIN COUNTY CO R 51.00 D 0.00
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• ARTICLE!
•
PURPOSE AND EFFECT OF SUBDIVISION AGREEMENT
1.1 Purpose. The purpose of this Subdivision Agreement is to, along wth the Final Plat,
set forth the complete and comprehensive understanding and agreement of the parties with
respect to the development of the Hannah Dustin Subdivision and to enumerate all terms and
conditions under which such development may occur.
1.2 Effect. It Is the intent of the parties that this Subdivision Agreement and the Final Plat
•
shall effectively supersede and replace in their entirety all previously recorded and unrecorded
subdivision, condominium, and other land use approvals and related plats, maps, declarations;
and other documents and agreements encumbering the Property, including and without
limitation those matters identified in Article V below (collectively, the "Prior Approvals and '
Instruments "), but e ..ressl excludin. the followin "which shall not be su.erseded and re.laced
by this Subdivision Agreement: ,
(a) The terms and conditions of City of Aspen Ordinance No. 16, Series of 2006,
recorded on July 12, 2006 as Reception No. 526319, Pitkin County, Colorado;
(b) The terms and conditions of the Amended and Restated Condominium
Declaration of Hannah Dustin, a Condominium, recorded on August 29, 2006 as Reception No.
527925, Pitkin County, Colorado (including any subsequent amendments thereto); and
(c) The terms and conditions of the First Amended Plat of the Hannah Dustin
Condominiums, recorded on August 29, 2006 in PIat,Book 80 at Page 3, Reception No, 627927,
Pitkin County, Colorado (including any subsequent amendments thereto).
ARTICLE II
ZONING AND REGULATORY APPROVALS
2.1 Approval Ordinances. Pursuant to Ordinance No. 16 (Series of 2006), the Aspen .
City Council granted Subdivision approvals, providing for the development an additional 2,440 s.
f. of net leasable space, two (2) free - market residential units, and three (3) deed - restricted
affordable housing units, on the Property located at 300 South Spring Street, Aspen, Pitkin
County, Colorado (collectively, the 'Project "). This Subdivision Agreement and the Final Plat
incorporate all of the pertinent provisions of Ordinance No. 16 (Series of 2006). In the event of
any inconsistencies between the provisions of Ordinance. No. 16 (Series of 2006) and the
provisions of this Subdivision Agreement and the Final Plat, the provisions of this Subdivision
Agreement and the Final Plat shall control.
2.2 Dimensional Requirements. Ordinance No. 16 (Series of 2006) established and
approved a multi- family building consisting of two (2) free - market residential units and three (3)
deed - restricted affordable housing units of the Hannah Dustin Subdivision. The redevelopment of
the building as presented complies with the dimensional requirements of the Mixed -Use (MU) Zone
District. The structure shall meet all of the required Commercial Design` Standards applicable to a
multi family building. 'Compliance with these requirements will be verified by the City of Aspen
Zoning Officer at the time of building permit
2.3 Off Off -stream , The project shall provide sixteen (16) off- street parking spaces, four
— (4) of which shall be designated for the use of the free market residential units, three (3) of which
2 036009.DOC/1} EE66 II . ``II E i II II II `` IIII II 2 of le
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JANICE K VOS
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shall be designated for use by the affordable housing units, and nine (9) required spaces which shall
be for the use of the commercial space and guest parking.
2.4 Afford Housing. The affordable housing units shall be in compliance with the
Aspen/Pitkin County Housing Authority's Employee Housing Guidelines. The Applicant shall record
a deed restriction on each of the affordable housing units at the time of recordation of the
condominium map and prior to the issuance of a Certificate of Occupancy for the building,
classifying the units as Category 2 units. Included in the goveming documents shall be language •
reflecting the potential for the units to become ownership units.
If the Applicant chooses to deed restrict the affordable housing units as rental units, the
H shall oonprior a 1/10 of a to the issuance of a certificate of occupancy y on any portion o the building.
The units Authority p
The units may be deed-restricted as rental units, but the units shall become ownership units at such
time as the oers Would request a change to gfor-sale units or at such time as the Aspen/Pitkin
County Housing Authority deems the units to be ou of compliance with the ental oupany
requirements In the Affordable Housing Guidelines for a period of more than year. .
• ARTICLE III
APPROVALS AND EXEMPTIONS
3.1 Sidewalk and Land scaping I mprovements. Prior to issuance of a certificate of
• occupancy for any portion of the development, the Applicant shall have installed asidewalk with a
parkway strip meeting the City Engineer's design requirementsalong the entire lot frontage abutting the
East Hyman Avenue. Appropriate
Hyr anAvenue and South Spring treet The Applicant shall submit
property landscap
ing g plan on both an for plantings East g i
a landsapin pllantings in the right- of-way for review and approval by the City Parks
Department prior to installation of right -of -way plantings.
3.2 Trash /UtilifV Seivic Area. A trash /utility service area with a linear footage of fourteen
(14) feet and a depth of ten (10) feet shall be provided between the existing building and the .
alleyway. A trash compactor shall be installed to justify the reduction in the trash /utility /recycling
area. .
3.3 School Lands Dedica Fee Pursuant to Land Use Code Section 26.630, School
Lands Dedication, the Applicant shall pay a fee -in -lieu of and dedication in conjunction with any
residential development in the subdivision. The Applicant shall pay
aythe school u a nd s de
associated with the subdivision as calculated by the City 9 de
schedule prior to building permit Issuance as set forth in Land
shall s Co vide the r 6. 3 .03
School Lands Dedication: Dedication Schedule. The App p of te
•
land including site improvements, but excluding the value of structures on the site.
•
3.4 Park Development Impact Fee. Pursuant to La d Use ode fee Section th 26,610, Park
Devel Impact Fee, the Applicant shall pay p
• $19,176.20 prior to building permit issuance. The fee is assessed based on the following
calculation:
Proposed Commercial:
• 2,440 s. f. of new net leasable square feet multiplied by $1,530.00 per 1,000 s.f. = $3,733.20 .
{UD0360o9.DOC/ 1)
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JANICE K VOS CRUDILL PITKIN COUNTY R •
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Proposed Residential: $3,634 per unit = $7,266.OD
2 (four- bedroom) Free Market Residential Units multiplied by $3, p
3 (two- bedroom) Residential Units multiplied by $2,725 per unit = 53,175.00
Total: 519,176.20
• 3.5 impact Fees. The Applicant will pay all impact fees shall be paid prior to the issuance to
the issuance of a building permit.
3.6 Employee Housing Mitigation. The development shall contain gross affordable housing
floor area equal to than 30% free-market nssuaoor area. This percentage shall be
verified by the City Zoning Officer prior to building permit
3.7 Water Department Standards. Hyman Avenue Holdings shall complywith the City of
Aspen Water System Standards, with Title 25 of the City of Aspen Municipal Cpde, and with
applicable standards of Title 8 of the City's Municipal Code (Water Conservation and Plumbing
Advisory Code), as required by the City of Aspen Water Department. Each of the units within the
building shall have individual water meters. Applicant shall comply with the Aspen
• 3.8 Sanitation District Standards. The. App
Consolidated Sanitation District's vales and regulations with respect to the Project:
(a) Sanitation service is contingent upon Hyman Avenue Holdings compliance
with ACSD rules, regulations, and specifications at the time of construction;
(b) All clear water connections are prohibited, i.e., ground water (roof, foundation,
perimeter, patio drains), including entrances to underground parking garages (if any);
(c) All improvements below grade development shall require installation of a
pumping station;
(d) Shared service line agreements are required where more than one unit is
served by a single service line;
(e) All ACSD total connection fees must be paid prior to the issuance of a building
permit.
3.9 ElectricaI Department Requirements. The Applicant shall have an electric connect
load fomma the neighboring by a licensed rop tty electrician in order to determine if the has sufficient capacity for the Hannah Dustin on the n new supplemental emp
Relopment. If a new supplemental transformer is required to be installed on the subject
property, the Applicant shall provide for a new transformer and its location shall be approved by
the Community Development Department prior to installation. The Applicant shall dedicate an
easement to allow for City Utility Personnel to access the supplemental transformer for
maintenance purposes, if a supplemental transformer is installed.
3.10 Subd ?lat The Final Plat shall be recorded in the Office of the Cllelkf and
Recorder of Pitkin County, Colorado within 180 days after City Council's final app
Ordinance No. 16(Series of 2006).
•
311 Subdivision Agreement This Subdivision Agreement shall be recorded within 180
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•
days after the CitVs grant of final approval of th'e Project (Ordinance No. 16, Series 2006).
3.12 Fire Department Requirements. The Applicant shall install a fire sprinkler system and
alarm system that meets the requirements of the Fire Marshal.
•
3.13 Building Permit Requirements. Any building permit application for the Project shall
include and /or depict the following information:
(a) A signed copy of Resolution No. 09 (Series of 2006) and Ordinance No. 16 •
(Series of 2006) granting final land use approval..
(b) The conditions of approval of Ordinance No. 16(Series of 2006) shall be
printed on the cover page of the building permit set.
• (c) A completed tap permit for sewer service from ACSD.
(d) A drainage plan, including an erosion control plan, prepared by a Colorado
licensed Civil Engineer, which maintains sediment and debris on -site during and after
construction. If a ground recharge system is required, a soil percolation report will be required to
correctly size the facility. A 5 -year storm frequency should be used in designing any drainage
improvements.
(e) Construction Management Plan pursuant to the Building Department's
requirements. The Construction Management Plan shall include an identification of construction
hauling routes, construction phasing, and a Construction Traffic and Parking plan for review and
approval by the City Engineer and Streets Department Superintendent. The Construction
• Management Plan shall conform to the standards and requirements for construction
management plans in effect at the time of building permit submission.
(f) A fugitive dust control plan to be reviewed and approved by the City
' Engineering Department.
(g) A detailed excavation plan that utilizes vertical soil stabilization techniques for
review and approval by the City Engineer.
3.14 Vested Rights. The development approvals granted by the City pursuant to
Ordinance No. '16(Seties of 2006) shall constitute a site-specific development plan, which is
vested for a period three (3) years from the date of issuance of a development order by the City.
Article IV
Prior Approvals and Instrument%
There are no recorded prior approvals for this Subdivision.
• Article V
Subdivision improvements •
5
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Prior to the issuance of any Certificate of Occupancy with respect to the Project, Hyman •
Avenue Holdings shall accomplish the following subdvision improvements (collectively, the
"Subdivision Improvements "), all as further depicted and described on the Final Plat:
(1) installation of a detached sidewalk, location of the existing driveway entrance, with a
parkway strip meeting the City Engineer's design requirements along he e afthe t f
Hyman ea Spring East Hyman Avenue, along with two ANSI - conforming handicapped
intersection, and curb replacement for the existing driveway cut on Hyman Avenue, at an estimated
cost of
(2) installation of appropriate parkway plantings, including trees, grass, and irrigation, in
the •arkway strip along the property frontage on both East Hyman Avenue, at an estimated cost
of `f?e;,' = =.,
In order to ensure construction and installation of the Subdivision Improvements (1) and
•
(2) described immediately above, Hyman Avenue Holdings shall provide to the City either an
irrevocable standby letter of credit from a financially responsible lender or a bond in the amount
of sa_'. % >r ;E?;
Said letter of credit or bond shall be provided to the City prior to the issuance of a grading
or access permit with respect to the Project, shall be in a form reasonably acceptable to the City
Attorney, and shall give the City the unconditional right, upon default hereof by Hyman Avenue
• Holdings, subject to the provisions of Article VI below, to draw funds as necessary and upon
demand to partially or fully complete and /or pay for any of such improvements or pay any
outstanding and delinquent bills for work done thereon by any party, with any excess letter of
credit or bond amount to be applied first to additional administrative or legal costs associated
with any such default and the repair of any deterioration in Subdivision Improvements already
constructed before the unused remainder, if any, of such letter of credit or bond is released to
Hyman Avenue Holdings. Notwithstanding the foregoing, delays or other problems resulting
from acts of God or other events beyond the reasonable control of Hyman Avenue Holdings
shall not constitute a default hereunder so long as a good faith effort is being made to remedy
the problem and the problem is in fact resolved within a reasonable period for time following its
occurrence. As portions of the Subdivision Improvements are completed, the City Engineer shall
inspect them, and upon approval and written acceptance, he shall authorize a reduction in the
outstanding amount of the letter of credit or bond equal to an agreed upon estimated cost for the
completed portion of the Subdivision Improvements; provided, however that ten percent (10 %) of
the estimated costs shall be withheld until all of the Subdivision Improvements are completed
and approved by the City of Aspen Public Works Director.
It is the express understanding of the parties that compliance with the procedures set
forth in Article VI below pertaining to the procedure for default and amendment to this
Subvision these financial assurances and ae guarantees to h respect to the enforcement and be be provided by Hyman Avenue Holdings as implementation of
et
forth above.. •
Article VI
Non - Compliance and Request for Amendments or Extensions
In the'event that the City determines that Hyman Avenue Holdings is not acting in
apBmpliance with the terms of this Subdivision Agreement or the Final Plat, the City
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P305
shall notify Hyman Avenue Holdings in writing specifying the alleged non - compliance and asking
that Hyman Avenue Holdings remedy the alleged non - compliance within such reasonable time
Avenue
as the City may determine, but not less than 30 day;. If the City determines that H ennAvenue
• Holdings has not complied.within such time, the City may issue and serve upon Hyman
Holdings a written order specifying the alleged noncompliance t a (20) Bang Hy th a v Avenue
Holdings to remedy the same within thirty (30) days. of
such order, Hyman Avenue Holdings may file with the City Engineering Department either a
notice advising the City that it is in compliance ora written request to determine any one or both
of the following mattes: .
• . (a) Whether the alleged non-compliance exists or did exist; or
(b) Whether a variance, extension of time or amendment to the Final Plat orthis
Subdivision Agreement should be granted with respect to any such non - compliance which is
• determined to exist. . .
Upon the receipt of such request, the City shall promptly schedule a meeting of the
parties s a b e c r the mattes c onduct in pusuant to the noncompliance. The meeting of the normally established by
parties shf a City and conducted a no p
the City. If City eh orders as may aybe appropriate, the which has not
of daily until such
may issue such as may ap p
non - compliance hg's been remedied, the withholding of permits and/or certificates of occupancy,
as applicable; provided, however no order shall terminate any land use approval. The City may
also grant such variances, extensions of time or to circumstances. the Fil lat orto this •
Subdivision Agreement as it may deem appropriate under the
The parties expressly acknowledge and agree that the City shall not unreasonably refuse
to extend the time periods for performance hereunder if Hyman Avenue Holdings demonstrates
that the reasons for the delay(s) which necessitate said extension(s) result from acts of God or
other events beyond the reasonable control of Hyman Avenue Holdings, despite good faith .
efforts on its part to perform in a timely manner.
Article VII
General Provisions'
7. 1 Successes and Assigns. The provisions hereof shall be binding upon and inure to
the benefit of Hyman Avenue Holdings and the City and their respective successors and
assigns.
7.2 Goverli Law. This Subdivision Agreement shall be subject to and construed in
accordance with the laws of the State of Colorado.
7.3 Inconsistence If any of the provisions of this Subdivision Agreement or any
paragraph, sentence, clause, phrase, word, or section or the application thereof in any this
S u cum ision A is iement, an an, nvalidauch invalidity app ication shall not affect the
such validity of the remainder
sentence, clause,
phrase, word, or section in a he
phra wo, or ectio any other circumstance shall not be affected thereby.
7.4 understanding i ng been the parties hereto with respect to the transactions hereto contains
the entire understandi
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P306
. contemplated hereunder. Hyman Avenue Holdings and its successors and assigns may on its
own initiative petition the City Council for an amendment to the Final Plat orthis Subdivision
Agreement or for an extension of one or more of the time periods required for the performance
hereunder. The City Council shall not unreasonably deny such petition for amendment or
extension after considering all appropriate circumstances. Any such amendment or extension of
time shall only become effective upon the execution by all parties hereto that are affected by the
proposed amendment,
7.5 Headings. Numerical and title headings contained in this Subdivision Agreement are
for convenience only, and shall not be deemed determinative of the substance contained herein.
As used herein, where the context requires, the use of the singular shall include the plural and
the use of any gender shall include all genders.
7.6 Acceptance and Recordation of Final Plat, Upon execution of this Subdivision
Agreement by both parties hereto, the City agrees to approve and execute and the Final Plat
and to accept the same for recordation in the Office of the Clerk and Recorder of Pitldn County,
Colorado, upon payment of the recordation fees by Hyman Avenue Holdings.
7.7 Notice. Notices to be given to the parties to this Subdivision Agreement shall be
considered to be given if delivered by facsimile, if hand delivered, or if delivered to the parties by
registered or certified mail at the addresses indicated below, or such other addresses as may be
substituted upon written notice by the parties or their successors or assigns:
• The City. • City of Aspen
City Manager, Community Development Director
130 South Galena Street
Aspen, Colorado 81611
Hyman Avenue Holdings:
Hyman Avenue Holdings, LLC •
clo Peter Fomeli • •
402 Midland Park Place
Aspen, CO 81611
Facsimile: (970) 925 -6767 •
With a copy to: .
Curtis Sanders, Esq.
Krabacher & Sanders, PC
201 North Mill Street
Aspen, CO 81511
Facsimile: (970) 925 -1181
•
se
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•
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the
day and year first above written.
• CITY: CITY OF ASPEN ` DO, a Colorado municipal
corporation
By: ./�AWAS ,
Hel-n Kanderud, Timor
Attest
. Kathryn S. Koc,, ity Clerk
APPROVED AS AAASS TO FORM_
LdotrrlWorce�4 r, CityAtto�
Hyman Avenue Holdings:
Hyman Avenue Holdings, LLC, a Colorado limited liability
company, as owner of Unit A, Hannah Dustin
Condominiums, according to the First Amended Plat of the
Hannah D -t' Condominiums, recorded on August 29,
2006 in IV 'gook 80 at Page , eception No. 627927,
Pitkln C.10j C do.
By . �.
Peter Fomeli, as 1 s Managing Member
Hyman Avenue Holdings, LAC, a Colorado limited liability
company, as owner of Unit A, Hannah Dustin
Condominiums, according to the First Amended Plat of the
Hannah D • _ ' ' ondominiums orded on August 29,
2006 in - - c - Pag ; caption No. 627927,
Pitkin C. t•/ o orad%. ��
By t S
Pet -r o - as its Managi g Member
•
f1I 41 11111111 fl� III I If esn s 16
1I y CD I CD R 51.66 9 /2S p20 G. 9:121
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P308 •
STATE OF COLORADO )
) ss: •
COUNTY OF PITKIN ) h
The foregoing instrument was acknowledged before me this a day of..9911relflb,D06 by
Helen Klanderud as Mayor of the City of Aspen, Colorado, a municipal corporation. O - fir
Witness my hand and official seal, "?; ',,O r A i' LC%
•
My commission expires: q d9 //
No ry Public \ ; :
STATE OF COLORADO )
ss. All Cow ssr. &at3G9/25/2009 •
.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this day of +! ,..' " •y
City Clerk of the City of Aspen, Colorado, a municipal corpor,: on.! BAp . /,
Kathryn S. Koch, P TA/3 .ke
Witness my hand and official seal, j,.T; ÷ %I- i
I I f commission expires: r T r , ' , . ' ' • y�O .p ;
Notary Public • di
�
J.��_ i
± 4� • ..... � o�Pr
My QDmtista [gins 09/25/2009
• STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this l!day ofS , 2006 by .
Peter Fomell, Managing Member of Hyman Avenue Holdings,'LLC, a Colorado limited liability
company. •
Witness my hand and official seal,
My commission expires: � " •
8randl- Vjepson / Notary Public^ �A U
.My Commission Expires 07/2`5+2009 Notary Public U
601E Hopkins " "���
Aspen, CO 81611 2 PRY POB�h
•
/ i COI N. • • �/� +� •
1111111 1ItlI;�I{� 28933 + I1111 ililtil Q9 @06f 68 12i j BRftNDI L . o a % N� ' PSON i i JRNI Cc K 1105 CpUDILL PI7KIH OUn•TY CO R 61.0 II I I y��• • • • • � . � OD r1•' •
r t O COL — 1w
f DOD36D09.DOC/ I) AU
t E
AMENDMENT TO SSU LION AGREEMENT
• HANNAH DUSTIN SUBDIVISION
•
This AMENDMENT TO SUBDIVISION AGIEEMENT FOR THE HANNAH DUSTIN
SUBDIVISION (this "Amendment") is made this 3- day of November, 2006 by and among the
ration (the "City"); Hyman Aveuue Holdings, LLC,
Coy Co a
Colo rado limited liability a municipal corporation company claim and The. Snowiness Corporation, a Colorado corporation
a
("TSC").
RECITALS
• A. HA13 and the City are parties to that certain Subdivision Agreement for the Hannah Dustin
Subdivision recorded in the real estate records of Piticin County, Colorado on September 25, 2006
under Reception. No, 528933 (the "Subdivision Agreement").
B. The SIA applies certain'real property in Piitkin County, Colorado known as the Hannah Dustin"
Subdivision, seconding to the Plat recorded in Plat Book 81 at Page 44 as Reception No. 528934
(the "Subdivision").
C. Subsequent to the recordation of the Subdivision Agreement, RAH conveyed to TSC a portion of .
the Subdivision legally described as Unit A, Hannah - Dustin Condominiums, according to the Plat
thereof recorded October 2, 1985 in Plat Book 17 at Page 78 as Receptio
0o. 2719
P 69 an
dk First
Amended Plat of the Thumb Dustin Condominiums rocorded August
Page 3 as Reception No, 527927, and as defined and described by the Amended and Restated
Condominium Declaration of Hannah- Dustin, a condominium mcordtd August 29, 2006 as •
Reception No. 527925 and as shown on the Hannah Dustin Subdivision Plat, recorded September
25, 2006 in Plat Book 81 at Page 44 as Reception No. 528934 ( "Unit "A ").
D, The City, HAH and TSC desire to amend the Subdivision Agreement as set forth in this
Amendment
AGREEMENT
Now therefore, for good and valuable coSH and TSC hereby ]ip trand s Sub y of
fn which are ent
hereby confessed and acknowledged, the City,
as follows:
1. There is hereby added to the Subdivision Agreement a new Article VIII captioned
"Project Phasing/Certificates of Occupancy" as follows:
Article VIII •
Project Phasing/Certificates of Occupancy
"_-tia1 and Commt t The parties acknowledge that the Project may be
8.1 R os Phises, consisting of two (2) free- market
residential n tial al units, ts. two s, two The resia (2) affordable he h ousing using (the units, and "Residential and ten n(0 parking e g spaces in an underground p
• garage (tile "Gare$e ^); end the commercial phase unit. tbt "Commercial consisting
de l Phase will b con of 2,4 edon Unit
eet of office space and one (1) affordab housing
B of the Hannah Dustin Condominiums according to the First Amended Plat thereof recorded. August 29,
non mit in it I am 75
JDNICS l �� OS CAUDILL PITKIN DDUNTY DD R la.a
•
•
P310
^ 2606, as Reception No. 627927 in the office of the Clerk and Recorder of County (the
"Condominium Plat"). The Commercial Phase will be constructed of the westerly u half of m Plat. Tt is ProT� arty
.
desen'bed as Unit A of the Hannah Dustin Condominiums hs a niuthat arer also
acknowledged that each please contains elements (affordable housing s a and d par in gi g) t a Phase and
to serve and mitigate impacts for the entire Project The City ni that i
completed s and independently of the other and that a
Certi l Phase may be shall b i s and for h a s
dent ' to other, provided that (i)
Certificate of Occ shah be issued for each is being requested has becu. completed in accordance
with construction for which a Cits to the extent ten that it es for a Certificate of Occupancy pursuant to the
with relevant buildi building regulations, (ii) O fl exit it under Agreement and, (ii) the other
City's bm'iding regulations, (i) no default exists under dre terms of this
phase of the Project has obtained a building permit, is at least filly percent (50%) complete and that the
City has received reasonable assurances from the developer of the incomplete of this Agreement, usthat
a. such
a of the
has or caul obtain adequate funds to complete that phase. For purposes this
action approv has
Project shall be deemed to be fifty percent (50%) complete when the framing insP •
been attained. The parties also understand that a Certificate of Occupancy will not be issnicd for any
• phase of the Project if the physical access to such phase is provided through or across areas of the other
unfinished phase that are dangerous due to ongoing construction.
tt 2 G &, Upon completion of construction of the Garage to The extent necessary for the
Garage to function as a parking garage (and prior to completion of the remainder of the such as mecf a se,
including other elements of the Residential Phase that may be located in the Garage
rooms) and provided that C) construction of the Garage has been completed in accordance with relevant
building permits to the extent that it qualifies for a Certificate of Occupancy pursuant to the City's
building regulation's, and () no default exists wader the teens of this Agreement, a Certificate. of
Occupancy shall be issued for the Garage (but not the emainde of
the Residential Residential Phase shall to of Occupancy for the Garage be
issuance of the Certificate
entitled to condominiumize the Parking spaces in the (Jatage: error
2. HAH signed the Subdivision Agreement in two places and there is a typographical
in HAWS second signature block The reference men s i g gnn n l r re e flock for
BRAA to
Dustin
,
Hannah Dustin Condominiums..." is hereby corrected to
Condomnnnms... " .
3. The Subdivision Agreement, as amended by this Amendment, remains in full force and
effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands as of the day and year fast
above written.
City of Asp 6r 0; o lorado municipal corporation •
Helen 530875
Helen Klanderud, yor 1111111111111116111 li / /20
y 0a 06 09:53
Attest • /i �� ' ` —
1
*NICE K WS 0:41.0111. PI KIN Minn CD R•15.0e D 0.00
ay /1 _ _, .
,. S. Koc • 1 Clerk •
[Signatures Continue on Following Page)
2
P311
t '�� {F{{��p��ppppI111111Affiling 530875
I IFtie MOILS PITON COUNTY e� � /4 .0
t, 08/200s , :ss
Approved as to Form:
John ' f# 1.75- , City Attorney •
•
Hyman I� enu f o -, LLC a Colorado limited liability company' •
By: it
Peter Fo ' ' I, as its Managing Member
The Snowmass Corporatio Colorado corporation • •
Prin ee , C� I "J L. • • S I. ..r
STATE OF e$ ) •
ss.
COUNTY OF 1.r.1. • )
•
. The foregoing instrument was ae)mow)edged before me this day of Ita LL._f ' D06, by
Helen Klanderud as Mayor, and byKathryn S. Koch as Cleric, on behalf of the City of t '-,t_` o.
• Witness my hand and official seal. _ � l
My commission expires: D4rl ]" — : /! %•� 4 � Q O J
N o... blie 0
STATE OF .l,+Ioclt, ) � r' of GA
ss.
COUNTY OF VH )
'ttl •'
The foregoing instrument was . acknowledged before me this day of *n 21 f,• ter •
Fornell as Managing Member of Hyman Avenue Holdings, LLC. _ ° y
•l" t f
Q it
Witness my hand and official seal. '/ Qt./ • % fff , .
My commission expires: 4 1J£tD ' ( a % tt>
/f r / No. ' blic l 1 ff, \*� ti..4
• STATE OF ) 7,0013" a
COUNTY OF eotki , ) 1-
'<h. •r :o / %+ 'm `ac owl ged before me this L day of 1 14jf' l,: 2006, by
1 L It . •,
i _ • of The Snowmass Corporation.
i.�0Irf..M • +, -
Wi• Yh. d fcislseal. j t, / .
M Y s! 1 / �.�.lAi I ill - ire. A .I1.Lei
. Notary Public f
lie L .... ~1ftla 1(PS .
3
6xhib l f F
RESOLUTION NO. 13
(Series of 2009)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
GRANTING A SECOND AMENDMENT TO THE SUBDIVSION AGREEMENT FOR
THE HANNAH DUSTIN SUBDIVISION, 300 S. SPRING STREET AND 707 E. HYMAN
AVENUE, CITY OF ASPEN, COLORADO
Parcel ID: 273718227101 and 273718227102
WHEREAS, pursuant to the Subdivision Agreement for the Hannah Dustin Subdivision,
successors and assigns of the agreement may "on its own initiative petition the City Council for
an amendment to the final plat or....subdivision agreement;" and,
WHEREAS, the Applicant requests approval to a second amendment to the Subdivision
Agreement for the Hannah Dustin Subdivision to allow for the issuance of Certificates of
Occupancies for portions of the completed project; and,
WHEREAS, Community Development Department reviewed the request and suggested
changes to the draft agreement that were incorporated into the draft; and,
WHEREAS, City Council has reviewed and considered the subdivision agreement
amendment request and has reviewed and considered the recommendation of the Community
Development Director; and,
WHEREAS, the City Council finds that this Resolution allowing for approval of the
proposed amendments furthers and is necessary for the promotion of public health, safety, and
welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN,
COLORADO, THAT:
Section 1:
In accordance with the provisions of Article 7.4 of the Subdivision Agreement for the Hannah
Dustin Subdivision, the City Council of the City of Aspen, Colorado, does hereby grant the
Second Amendment to the Subdivision Agreement for the Hannah Dustin Subdivision
conditioned on amendments to the agreement being incorporated by the City attorney with regard
to amending the timing of the release of the deposit, developing a final sunset date for feature of
the deposit, addressing how any interest from the deposit is distributed, and not guaranteeing a
credit for future mitigation requirements for the Commercial Phase.
Resolution No. 13, Series of 2009
Page 2
Section 2:
This Resolution shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or amended
as herein provided, and the same shall be construed and concluded under such prior ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
APPROVED, February 23, 2009, at • public meeting before the City Council of the City of
Aspen, Colorado. '
Micha- C eland, aye o "o e ity Attorney
ATTEST:
ACilel--
Kathryn S. Ko - , City Clerk
Exhibit A
Second Amendment to the Subdivision Agreement for the Hannah Dustin Subdivision
RECEIPT AND ACKNOWLEDGMENT
The City of Aspen, Colorado, hereby acknowledges receipt of $500,807.25, which constitutes
the "deposit" required of Snowmass Corporation pursuant to paragraph 2 of the Second Amendment
to Subdivision Agreement for the Hannah Dustin Subdivision a copy of which is attached hereto (the
"Second Amendment "). The City shall hold the deposit for disposition pursuant to the Second
Amendment. Snowmass Corporation shall be entitled to an immediate refund of the deposit upon
presentation to the City of a Letter of Credit in a form and substance reasonably acceptable to the
City Attorney which secures the deposit obligation of Snowmass Corporation pursuant to the Second
Amendment.
CITY OF ASPEN, COLORADO
ATTEST:
/ /�
Town Clerk, 9/ 'f Aspen
G:\ Ciient\Snowmass Corp\Hannah Dustin\Receipt and Acknowledgment • City of Aspen.wpd
SECOND AMENDMENT TO SUBDIVISION AGREEMENT
FOR THE HANNAH DUSTIN SUBDIVISION
This Second Amendment to Subdivision Agreement for the Hannah Dustin Subdivision (the
"Second Amendment") is made this lam day of' 2009, by and among the
CITYOF ASPEN, a municipal corporation (the "City"), the S ASS CORPORATION, a
Colorado corporation ( "Snowmass "), and HYMAN STREET BROWNSTONES, LLC, a
Colorado limited liability company ( "Brownstones ").
RECITALS:
A. The City entered into a Subdivision Agreement for the Hannah Dustin Subdivision with
Hyman Avenue Holdings, LLC, the predecessor in interest to Snowmass and
Brownstones, on September 25, 2006 (the "Subdivision Agreement").
B. The Subdivision Agreement was amended by a document entitled "Amendment to
Subdivision for the Hannah Dustin Subdivision" on November 7, 2006 (the "First
Amendment ").
C. The City, Snowmass and Brownstones desire to further amend the Subdivision
Agreement and the First Amendment as set forth in this Second Amendment.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
1. Waiver of Completion Reauirement. Upon satisfaction of the requirements of Section 2,
below, the provisions of' Section 8.1(111) of the First Amendment, which require the
Commercial Phase to be 50% complete in order for the Residential Phase to obtain a
Certificate of Occupancy shall be waived.
2. Deposit. As consideration for the waiver described in Section 1, above, Snowmass shall
deposit the sum of $500,807.25 with the City, either in cash or in the form of an
irrevocable letter of credit prior to the issuance of a Certificate of Occupancy for the
Residential Phase. The deposit is intended to provide a reasonable financial
assurance that Snowmass will undertake construction of the Commercial Phase and, in
particular, the affordable housing unit which is required as a condition of Commercial
Phase approval. To that end, the deposit shall be forfeited and may be retained and
utilized by the City for affordable housing purposes if a building permit for the
Commercial Phase has been approved but not issued by July 31, 2009, which is the
date on which vested property rights are due to expire (the "Commencement Deadline ").
If the vested property rights period is extended, the Commencement Deadline shall
automatically be extended to the new date on which the vested property rights for the
Commercial Phase are to expire. If a building permit for the Commercial Phase is issued
by the Commencement Deadline, Snowmass may request and the City shall refund the
deposit based upon the following schedule. Twenty-five percent (25 %) of the deposit
shall be refunded after the framing inspection approval has been attained. The remainder
of the deposit shall be refunded after issuance of a Certificate of .Occupancy for the
Commercial Phase. If a Certificate of Occupancy for the Commercial Phase has not been
issued within twenty-four months after a building permit is obtained, the City shall have
no obligation to refund the balance of the deposit then held by the City. Any interest
accrued by the deposit of the sum of $500,807.25 with the City shall be retained by the
City.
3. Completion of Residential Phase. The parties acknowledge and agree that the Residential
Phase is, on the date hereof, more than 50% complete.
4. Assurance of Financing. In satisfaction of the requirements of Section 8.1(iii) of the First
Amendment, Snowmass shall provide the City with a written confirmation of its
construction loan from Bank of America, to be delivered to the City along with the
Deposit.
5. Housing Mitigation Credit. If construction of the Commercial Phase has not begun prior
to the Commencement Deadline referred to Section 2, above, and as a result the Deposit
is forfeited, Snowmass may, nevertheless, be entitled to a credit, up to $500,807.25, to be
applied against affordable housing mitigation requirements associated with development
of the Commercial Phase , if any, which are in addition to the requirement for
construction of a two- bedroom Category II housing unit within the Commercial Phase.
The credit shall only be available, however, if such unit is actually coonst constructed within the
Commercial Phase and if, as a result of expired vested property rights, additional
affordable housing mitigation is required; however, the City is under no obligation to
issue any credit,
CITY OF ASPEN, COLORADO,
a Colorado mutt' i co
By: � ta 2 -27 2009
Michael . Ireland, Ma or
-
s� /1
athryn S. Kochi C erk
SNOW IA CORPORA, a Colorado
corporatio.
AZ .a- —I/
Art w. i T . v Att j. ey -in -Fact
Tr James W. Light, President
HYMAN STREET BROWNSTONES, LLC,
a C•Io ado li t ied l' .ility co .any
B
7.. ell D.Bo R, T anager
2
STATE OF COLORADO )
ss.
COUNTY OF r It ki )
The foregoing instrument was acknowledged before me this 41 day of
2009, by Michael C. Ireland, Mayor, and Kathryn S. Koch, City Clerk, of the
City o�olorado, a Colorado municipal corporation. ":4 Qs N E ( , \ � �,
S � �
,
Witness my hand and officinal a� � - " Q , piXRj.2 � i,
My commission expires: I 'S
•
Notary Public : f
• Y
I i . • • A V � 0 t ' $ J tr. 1 t, T : BI
.. GO -=
STATE OF COLORADO ) titr OOmmissica OOP
ss.
COUNTY OF Wee,C1 )
The foregoing instrument was acknowledged before me this 7(o day of
, 2009, by Andrew W. Light, as Attorney -in -Fact for James W. Light, as
Presid oPSnowmass Corporation, a Colorado corporation.
ct O N 0,
H
Witness my hand and official seal. rF •
My commission expires: W`2517[ Al \■\ a-
i
It; r or 4,? ,
Notary Public ; im ' . O °SIIC
;F
. PO
IIIIIIIIIIIIIII; no`'‘‘
STATE OF COLORADO )
) ss.
COUNTY OF , tl )
The foregoing instrument was acknowledged before me this 71 . day of
2009, by Robert D. Bowden, as Manager of Hyman Street Brownstones, LLC,
a Colorado imited liability company. uiiun,,,
\ ON p A NEA
` / " ,
Witness my hand and official seal. -
My commission expires o�iSI7t�U \ . _ �ptARy
Notary Public 1�� % a' , PUBO 0
, '% 9 "; OF C O
G Cli.nfSno+mus Cm-Mortals Dusan sovmd Ammdm°"ro 6.bA.vim Apv.m1l for the Hvu* Duran SubA.i.iun naa5n9 FINAL d«
3
PUBLIC NOTICE
RE: 300 S. SPRING STREET - VESTED RIGHTS EXTENSION
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, June 8, 2009, at a
meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall,
130 S. Galena St., Aspen, to consider an application submitted by the Snowmass Corporation, P.O.
Box 620, Basalt, CO 81621, which is the owner of the subject property. The Applicant requests an
extension of vested rights to develop the site with their approved development plan for 2,440
square feet of net leasable office space and one affordable housing unit, commonly known as the
"Commercial Phase" of the Hannah Dustin Subdivision, Unit A, located at 300 S. Spring Street.
For further information, contact Jennifer Phelan at the City of Aspen Community Development
Department, 130 S. Galena St., Aspen, CO, (970) 429 -2759, Jennifer.Phelan@ci.aspen.co.us.
s/ Michael C. Ireland, Mayor
Aspen City Council
Published in the Aspen Times on May 24, 2009
City of Aspen Account
w6 -- hc)
v'^ u.e_.
(,/l ' ""ViQ
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
300 S . Set:Litv3 _ , Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
JUNG SC , 200
STATE OF COLORADO )
) ss.
County of Pitlda )
raCry f'k7h (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
K Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof •
materials, which was not less than twenty -two (22) inches wide and twenty -six
(26) inches high, and which was composed of letters not less than one inch in;
height. Said notice was posted at least fifteen (15) days prior to the public hearing
and was continuously visible from the _ day of , 200 � to
and including the date and time of the public hearing. A photograph of the posted
notice (sign) is attached hereto.
ATailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
(continued on next page)
•
ti
Mineral Estate Owner Notice. By the certified mailing of notice, return receipt
requested, to affected mineral estate owners by at least thirty (30) days prior to
the date scheduled for the initial public hearing on the application of
development The names and addresses of mineral estate owners shall be those
on the current tax records of Pitkin County. At a minimum, Subdivisions that
create more than one lot, Planned Unit Developments, Specially Planned Areas,
and COWAPs are subject to this notice requirement
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the tent of this Title is to be amended, whether such
. revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other •
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall be
waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
•
S te 6 e
•
The foregoing "Affidavit of Notice" was acknowledged before me this day
of f , 2001, by aCc
f WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: a
_ ►
tOTIGE Notary Public •
RE: 300 S. SPRING STREET - VESTED RIGHTS
ION �k{
m
NOTICE IS HEREBY Monday, that
une public . 009, at hearing
will ;49,4'4 • ...e �y ,
el tin held begin at 5 5 :00p .m. before ih
meeting to begit :00 p Ha11513 tio 0 / T • It
Gry GOnfCll. i Council Chambers ry (can ■ LAURA • I
S. Galena St , Aspen, to consider n Oi app
submitted by the 81621, h Corporation. P.O. Box r• ti
h k MEYER
624 DasaIl, CO 61621, which develop t wn e of the an I '
subject property. The Applicant ATTACHMENTS AS APPLICABLE , �;.
extension of vested rights li p develop ,4 site with i \-9,4....... • Q � /
teir approved development lan for re a d
feet of net leasable office space antl one HE PUBLICATION �ca- --
a Comme
eriat Ph unit, com monly known au t he 1 1
Subdivision, Unit located at 3 5 Spr ring POSTED NOTICE (SIGN) , oF --"
Subdiviaiat QpllOFTHE NT�AGENC ��' �811W2010
Street. For further information, contact Jennifer
Dev to at the part to A 130 S. Galena Sty O ^,��.p E , � /`O �i F�
Development Department, WIV S AND GO
Aspen, on (9TO -2]59, .
ic P iC e Oyy NERS NOTICE
A pen Cif C. id, Meye Tf A7 'EST
s/ Aspen °m Council As pen Times Weekly on May 24,
T CERTIFICATION OF MINERAL
2009. the 134651891
As
'ED BYCR.S. §24- 65.5 -103.
•
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: 300 South Spring Street, Unit A, Hannah Dustin Subdivision
Aspen, CO
SCHEDULED PUBLIC HEARING DATE: June 8 , 200 B
STATE OF COLORADO )
) ss.
County of Pitkin )
I David J. Myler (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that 1 have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
x Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
x Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty -two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the 219 day of
May , 200 9 , to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
x Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
(continued on next page)
•
4 4* ..1
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
der
Signature
th
The foregoing "Affidavit of Notice" was cknowl dged before me this' day
�
of 7.thi, , 200 9, by u
WITNESS MY HAND AND OFFICIAL SEAL
My Commission Expires
My commission expires: October 25, 2011
Notary Public N ..
z �OTARy
r _ .. � r .
PUMA' Q c
>y,, OF C Ot \\
ATTACHMENTS: '! ""
COPY OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
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308 HUNTER LLC 610 EAST HYMAN LLC 633 SPRING II LLC
490 WILLIAMS ST C/O CHARLES CUNNIFFE PO BOX 1709
DENVER, CO 80218 610 E HYMAN AVE ASPEN, CO 81611
ASPEN, CO 81611
•
719 EAST HOPKINS AVE LLC 803DKS LLC ADESSO LLC
PO BOX 11600 15280 ADDISON RD #301 614 E DURANT AVE
ASPEN, CO 81612 ADDISON, TX 75001 ASPEN, CO 81611
ALEXANDER THOMAS L . ANDERSON COMMERCIAL PROP LLC ANDERSON ROBERT M & LOUISE E •
715 E HYMAN AVE # 27 614 E DURANT AVE 1021 23RD ST
ASPEN, CO 81611 ASPEN, CO 81611 CHETEK, WI 54728
ASPEN ATHLETIC CLUB ASPEN KOEPPEL LLC ASPEN SQUARE VENTURES LLP
COMMON AREA 3551 ST GARDENS RD C/O M & W PROPERTIES
720 E HYMAN AVE COCONUT GROVE, FL 33133 205 S MILL ST STE 301A
ASPEN, CO 81611 ASPEN, CO 81611
BARTLETT KATY I BATTLE GERALD LIVING TRUST BAUM ROBERT E ASPEN RES TRST
715 E HYMAN AVE #18 NIXON BURT LIVING TRUST PO BOX 1518
ASPEN, CO 81611 -2066 PO BOX 2847 STOCKBRIDGE, MA 01262
NEWPORT BEACH, CA 92659
BELL MTN QUAL RES CONDO ASSOC BERSCH TRUST BISCHOFF JOHN C
LLC 9642 YOAKUM DR 502 S VIA GOLONDRINA
320 S SPRING ST BEVERLY HILLS, CA 90210 TUCSON, AZ 85716 -5843
ASPEN, CO 81611
BORGIOTTI CLAUDIO BRADLEY MARK A BUCKHORN ARMS LLC
9610 SYMPHONY MEADOW LN PO BOX 1938 730 E COOPER AVE
VIENNA, VA 22192 BASALT, CO 81621 ASPEN, CO 81611
BULKELEY RICHARD C & JULIE J CALGI RAYMOND D CARVER RUTH A & MARTIN G
801 JOY ST 134 TEWKESBURY RD 10 BYRON LN
RED OAK, IA 51566 SCARSDALE, NY 10583 MUSCATINE, IA 52761
CAVES KAREN W CHATEAU ASPEN CONDO ASSOC CHATEAU ASPEN UNIT 21 -A LLC
1 BARRENGER CT 630 E COOPER AVE BLDG 421 -G AABC
NEWPORT BEACH, CA 92660 ASPEN, CO 81611 ASPEN, CO 81611
CHATELET CONDO ASSOC CHOOKASZIAN KAREN M CITY MARKET INC
COMMON AREA 1100 MICHIGAN DILLON RE CO INC ATTN REAL ESTATE
250 S ORIGINAL ST WILMETTE, IL 60091 DEPT
ASPEN, CO 81611 PO BOX 5567
DENVER, CO 80217 -5567
CLARY EDGAR D IV CM LLC CM LLC
PO BOX 4816 C/O O K & G CIO ROGER MAROLT
BASALT, CO 81621 533 E HOPKINS 230 S MILL ST
ASPEN, CO 81611 ASPEN, CO 81611
COLBY WARD COLOSI THOMAS W COOPER SPRINGS LLC
715 E HYMAN #20 715 E HYMAN AVE APT 6 393 N COLUMBIA AVE
ASPEN, CO 81611 ASPEN, CO 81611 -2099 COLUMBUS, OH 43209
CRAFT LESTER R JR DAILY CONNIE M DALY CAROL CENTER
2026 VETERAN AVE 715 E HYMAN AVE #14 155 LONE PINE RD C -11
LOS ANGELES, CA 90025 -5722 ASPEN, CO 81611 ASPEN, CO 81611
DEVINE RALPH R DIBRELL CHARLES G JR & FRANCES DODEA NICHOLAS T
715 E HYMAN #13 24 ADLER CIR 715 E HYMAN AVE #19
ASPEN, CO 81611 GALVESTON, TX 77551 -5828 ASPEN, CO 81611 -2063
ECCHYMOSIS LLC EDGE OF AJAX CONDO ASSOC EDGE OF AJAX INC
4802E 2ND ST STE 2 COMMON AREA C/O ANDRE ULRYCH
LONG BEACH, CA 90803 715 E HOPKINS AVE 201B E SILVER ST
ASPEN, CO 81611 MARBLE, CO 81623
EDGETTE JAMES J & PATRICIA ELLERON CHEMICALS CORP ERGAS VENESSA BLAIR & CLAUDE
19900 BEACH RD STE 801 720 NORTH POST RD #230 14902 VALLEY VISTA BLVD
JUPITER ISLAND, FL 33469 HOUSTON, TX 77024 SHERMAN OAKS, CA 91403
ETTLIN ROSS L FEHR EDITH B REVOCABLE TRUST FERRY JAMES H III
715 E HYMAN AVE # 7 C/O DAVID FEHR BOX 167
ASPEN, CO 81611 543 FOX RUN DR GLENCOE, IL 60022 -0167
CARBONDALE, CO 81623 -8502
FIGHTLIN JONATHAN D FLOWERS JUDY R FLY MARIE N
715 E HYMAN #46 715 E HYMAN AVE #1 7447 PEBBLE POINTE
ASPEN, CO 81611 -2063 ASPEN, CO 81611 -2063 W BLOOMFIELD, MI 48322
FURNGULF LTD GALLUCCIO VINCENT GAUBA ALENA
A COLD JOINT VENTURE PO BOX 8065 715 E HYMAN AVE #21
616 E HYMAN AVE ASPEN, CO 81612 ASPEN, CO 81611
ASPEN, CO 81611
GILBERT GARY GODBOLD EDMUND 0 GOFEN ETHEL CARO TRUSTEE
1556 ROYAL BLVD C/0 ADAH G PHELPS 455 CITY FRONT PLAZA
GLENDALE, CA 91207 2424 N GREENWOOD ST CHICAGO, IL 60611
PUEBLO, CO 81003 -3648
•
•
GOLDEN PANTHERS LLC GOODING SEAN A 80% & RICHARD L GORGE MICHAEL D & WENDY S
C/O LINO MARTIRE 20% 25300 FRANKLIN PARK DR
60 S MARKET ST #1400 C/0 PARAGON RANCH INC
SAN JOSE, CA 95113 -2396 620 E HYMAN AVE #1 E FRANKLIN, MI 48025
ASPEN, CO 81611
GROSFELD ASPEN PROPERTIES HAYLES THOMAS HEMP SUZANNE LIV TRUST
PARTNERS LLC 715 E HYMAN AVE #5 15470 POMONA RD
10880 WILSHIRE BLVD #2222 ASPEN, CO 81611 BROOKFIELD, WI 53005
LOS ANGELES, CA 90024
HENDRICKS SIDNEY J HUGHES CONSTANCE L HUNKE CARLTON J LVG TRST
HENDRICKS YOLANDE EVERHARD 5580 LAJOLLA BLVD #511 4410 TIMBERLINE DR SW
6614 LAKEVILLE RD LAJOLLA, CA 92037 FARGO, ND 58103
PETALUMA, CA 94954 -9256
HUNT SARAH J HUNTER PLAZA ASSOCIATES LLP ISRAEL FAMILY PARTNERSHIP LTD
715 E HYMAN AVE #22 C/0 CAPMARK FINANCE INC 263 OCEAN BLVD
ASPEN, CO 81611 200 WITMER RD GOLDEN BEACH, FL 33160
HORSHAM, PA 19044 -6657
JOHNSON BARBARA WEAVER LIVING JOYCE EDWARD KANTAS NICOLETTE
TRUST 11 S LA SALLE ST #1600 715 E HYMAN AVE #15
PO BOX 3570 CHICAGO, IL 60603 -1211 ASPEN, CO 81611
LAS CRUCES, NM 88003
KASHINSKI MICHAEL R KELLY NORA D TRUST 50% KOEPPEL KEVIN F TRUST
0343 GROVE CT C/O THE BUCKHORN ARMS LLC C/0 NEWMARK S M TRUSTEE
ASPEN, CO 81611 732 E COOPER AVE 3551 ST GAUDENS RD
ASPEN, CO 81611 COCONUT GROVE, FL 33133
KRAJIAN RON KUTINSKY BRIAN LANDA MICHAEL B
617 E COOPER AVE #114 7381 MOHANSIC DR 851 S JOSEPHINE ST
ASPEN, CO 81611 BLOOMFIELD HILLS, MI 48301 DENVER, CO 80209
LANDIS JOSHUA B LANDRY ELIZABETH J LAZY J RANCH LLC
715 E HYMAN AVE #4 PO BOX 3036 C/O W R WALTON
ASPEN, CO 81611 ASPEN, CO 81612 PO BOX 665
ASPEN, CO 81612
LEGNAME RUDI REV TRUST LIEB MADELINE TRUST MALLARD ENTERPRISES LP
250 S ORGINAL ST APT E 800 E HYMAN AVE #A 317 SIDNEY BAKER S #400
ASPEN, CO 81611 -2057 ASPEN, CO 81611 KERRVILLE, TX 78028
MARTELL BARBARA MAVROVIC ERNA MAYLE KENNETH D
702 E HYMAN AVE 530 E 72ND ST APT 15 -C 715 E HYMAN AVE #3
ASPEN, CO 81611 NEW YORK, NY 10021 ASPEN, CO 81611 -2063
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14833 MIDWAY #200 18519 E VALLEY RD TRUST
ADDISON, TX 75001 KENT, WA 98032 14860 MONTFORT #209
DALLAS, KS 75254
MCMURRAY WILLIAM & HELEN MIAO SANDRA MIKI
29 MIDDLE HEAD RD 9610 SYMPHONY MEADOW LN PO BOX 444
MOSMAN NSW 2088 • VIENNA, VA 22182 ASPEN, CO 81612
AUSTRAILIA,
MJM AMENDED & RESTATED TRUST MOEN DONNE P & ELIZABETH A MONTANARO JOHN & SUSAN FAMILY
1776 S LANE 8 CABALLEROS RD TRUST
NORTHBROOK, IL 60062 ROLLING HILLS, CA 90274 PO BOX 457
MALIBU, CA 90265
MYSKO BOHDAN D N S N ASSOCIATES INC NATTERER HELEN
418 E COOPER AVE SUITE 200 11051 W ADDISON ST 67 BAYPOINT CRES
ASPEN, CO 81611 FRANKLIN PARK, IL 60131 OTTAWA
ONTARIO CANADA, K2G6R1
NETHERY BRUCE NEUMANN MICHAEL NIELSON COL STEVE & CAROL D
715 E HYMAN AVE #25 7381 MOHASNIC DR 501 S FAIRFAX
ASPEN, CO 81611 -2063 BLOOMFIELD HILLS, MI 48301 ALEXANDRIA, VA 22314
OLITSKY TAMAR & STEPHEN OLITSKY TAMAR G & STEPHEN L P & L PROPERTIES LLC
PO BOX 514 2127 HAINES WY 101 SOUTH 3RD ST #360
GWYNEDD VALLEY, PA 19437 LANSDALE, PA 194-46 GRAND JUNCTION, CO 81501
PACIFIC WEST INVESTMENTS LLC PATIO BUILDING COMPANY LLC PEARSON REBECCA J
7115 ORCHARD LAKE RD STE 220 PO BOX 1066 1610 JOHNSON DR
WEST BLOOMFIELD, MI 48322 ASPEN, CO 81612 STILLWATER, MN 55082
PETERSON CHRISPY & JAMES E PORTE BROOKE PRICE GAIL
867 HAVEN CREST CT NORTH 3520 PADDOCK RD CIO ASPEN POTTERS INC
GRAND JUNCTION, CO 81506 WESTON, FL 33331 -3521 231 E MAIN ST
ASPEN, CO 81611
RAHLEK LTD AT BANK OF AMERICA RAYMOND KIMBERLY A RED FLOWER PROP CO PTNSHP
HARDING & CARBONE INC 802 E COOPER AVE 14 E 60TH ST STE 1200
3903 BELLAIRE BLVD ASPEN, CO 81611 NEW YORK, NY 10022 -7114
HOUSTON, TX 77025
REICH DANIEL S TRUST 20% REICH MELVIN L TRUST 80% REVOLUTION PARTNERS LLC
6 RINCON ST 4609 SEASHORE DR PO BOX 1247
IRVINE, CA 92702 NEWPORT BEACH, CA 92663 ASPEN, CO 81612
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7600 CLAYTON RD 57 OLDFIELD DR 9401 WILSHIRE BLVD #760
ST LOUIS, MO 63117 SHERBORN, MA 01770 BEVERLY HILLS, CA 90212
RYERSON GEORGE W JR S & S REALTY PARTNERS LLC SAHN KAREN R
715 E HYMAN AVE #17 1040 FIFTH AVE #2C 715 E HYMAN AVE #11
ASPEN, CO 81611 NEW YORK, NY 10028 ASPEN, CO 81611 -2063
SAHR KAREN M SAKSON DREW SANDIFER C W JR TRUST 50%
715 E HYMAN AVE #8 PO 8OX 1625 SANDIFER DICKSIE L TRUST 50%
ASPEN, CO 81611 CARBONDALE, CO 81623 -4625 240 LINDEN DR
BOULDER, CO 80304
SCHEINKMAN NANCY SCHEUERMAN JOANNE E SCHNITZER KENNETH L & LISA L
715 E HYMAN AVE #23 200 LOCUST ST #23A 2100 MCKINNEY AVE #1760
ASPEN, CO 81611 PHILADELPHIA, PA 19106 DALLAS, TX 75201
SCI ASPEN LLC SEGUIN JEFF W & MADALYN B SEGUIN MARY E TRUST
21554 MOUNTSFIELD DR PO BOX 8852 2404 LORING ST #155
GOLDEN, CO 80401 ASPEN, CO 81612 SAN DIEGO, CA 92109 -2347
SHARP TERRI L SHERWIN GREGORY SHUMATE MARK
715 E HYMAN AVE #12 2907 SHADOW CREEK DR #104 1695 RIVERSIDE RD
ASPEN, CO 81611 BOULDER, CO 80303 ROSWELL, GA 30076
SILVER CITY TOWNHOMES CONDO SILVER DIP EQUITY VENTURE LLC SMART EDWIN J
ASSOC C/O R L STEENROD JR & ASSOC
COMMON AREA 2100 MCKINNEY STE 1760 2009 MARKET ST
727 E HOPKINS AVE DALLAS, TX 75201 DENVER, CO 80205 -2022
ASPEN, CO 81611
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715E HYMAN AVE #16 851 S JOSEPHINE ST C/O BERG ALAN M
ASPEN, CO 81611 DENVER, CO 80209 110 STONE CANYON RD
LOS ANGELES, CA 90077
STRIBLING DOROTHY THOMPSON RICHARD P
WACHOVIA BANK NA FL0135 TERMINELLO DENNIS J & KERRY L RUSHING JIMMY C
PO BOX 40062 656 RIDGEWAY 1171 BEACH BLVD
JACKSONVILLE, FL 32203 -0062 WHITE PLAINS, NY 10605 -4323 JACKSONVILLE, FL 32250
TREUER CHRISTIN L TROUSDALE JEAN VICK VAUSE FAMILY TRUST
981 E BRIARWOOD CIR N 611 E HOPKINS AVE 3020 PLAZA DE MONTE
LITTLETON, CO 80122 ASPEN, CO 81611 LAS VEGAS, NV 89102
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418 E COOPER AVE NEWPORT BEACH, CA 92660 TAMPA, FL 33606
ASPEN, CO 81611
WARNKEN MARK G WEIDEL LAWRENCE W WEIGAND BROTHERS LLC
1610 JOHNSON DR PO BOX 1007 150 N MARKET
STILLWATER, MN 55082 MONROE, GA 30655 WICHITA, KS 67202
WELLS RICHARD A & SUSAN T TRUST WHITE WINDOWS LLC WILLIAMS CRAIG & LEE FAMILY
C/O MOORE & VAN ALLEN/ THOMAS 614 E DURANT AVE PTNRSHP
OBANNON ASPEN, CO 81611 8990 HEMPSTEAD HWY #200
100 N TRYON ST 47TH FLR HOUSTON, TX 77008
CHARLOTTE, NC 28202
WISE JOSEPH WOODS FRANK J III YERAMIAN CHARLES
1320 HODGES ST 205 S MILL ST #301A PO BOX 12347
RALEIGH, NC 27604 -1414 ASPEN, CO 81611 ASPEN, CO 81612
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WILLIAMSBURG, VA 23185
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1 City (ASPEN State CO Zip 61611 j
• 't Information - --- _ ___.
Kt' it Master Permit' J 7 Routing Queue aslu07 Applied 03130 J
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Project ) Status (pending Approved 1------ J
Description EXTENTION OF VESTED RIGHTS FOR THE HANNAH DUSTIN SUBDIVISION FROM JULY Issued 1 LI
i 31, 2009 TO JULY 31, 2012
tt Final _ '.
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§ S ubmitted SNOWMASS CORP 1
I Clock Running Days Expires 0 J
4 1 i' Last Name (HANNAH DUSTIN BUILDING =1 Fest Name I 229 MIDLAND AVE
i x ? BASALT CO 81621
Phone I
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Last Name 15NOWMA55 CORP 2 First Name' PO BOX 5000
1 I SNOWMASS VILLAGE CO 81615
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ATTACHMENT 2 —LAND USE APPLICATION
PROJECT: �, �"� �✓a'�
Name: Hannah Dustin Subdivision A ,
300 Spring Street, Aspen, � %/4 <U0 '�
Location: 9 en, CO 81611 P
(Indicate street address, lot & block number, legal description where appropriate) /1 -7 Qp4 /V
Parcel ID # (REQUIRED) 2"7 37- l S- 2- 27 — 00 I FNS
APPLICANT:
Name: Snowmass Corporation
Address: P. O. Box 620, Basalt, CO 81621
Phone #: (970) 927 -0847
REPRESENTATIVE:
Name: David J. Myler, The Myler Law Firm, P.C.
Address: 211 Midland Avenue, Suite 201, Basalt, CO 81621
Phone #: (970) 927 -0456
TYPE OF APPLICATION: (please check all that apply):
❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use
❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment
❑ Special Review ❑ Subdivision ❑ Conceptual SPA
❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA
Margin, Hallam Lake Bluff, condominiumization) Amendment)
Mountain View Plane
❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/
Expansion
❑ Residential Design Variance ❑ Lot Line Adjustment • Other: Extension of Vested Rights
❑ Conditional Use
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
Development of mixed use project approved by Ordinance No. 16, Series of 2006, including a Subdivision Agreement.
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
To provide extension of the current vested rights period from July 31, 2009 to July 31, 2012.
Have you attached the following? FEES DUE: $ 1,470.00
• Pre - Application Conference Summary
• Attachment #1, Signed Fee Agreement
• Response to Attachment #3, Dimensional Requirements Form
▪ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
❑ 3 -D Model for large project
All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text
(Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an
electronic 3 -D model. Your pre - application conference summary will indicate if you must submit a 3 -D model.
HYMAN STREET BROWNSTONES, LLC
c/o John A. Elmore 11
P. O. Box 381
Wrightsville Beach, NC 28480
(970) 379 -7955
April 21, 2009
City of Aspen
Community Development Department
Attention: Jennifer Phelan
130 South Galena Street
Aspen, CO 8161 I
RE: Application for Extension of Vested Rights
300 Spring Street (Hannah Dustin)
Dear Jennifer:
I, John A. Elmore II, as Manager of Hyman Street Brownstones, LLC (the owner of Unit B,
Hannah Dustin, a Condominium), hereby authorize the Snowmass Corporation (the owner of Unit A,
Hannah Dustin, a Condominium), through The Myler Law Firm, P.C., to submit and process an
Application for Extension of Vested Rights for Hannah Dustin (300 Spring Street, Aspen, Colorado).
If you have any questions or require any additional information, please do not hesitate to
contact me.
Very truly yours,
HYMAN STREET BROWNSTONES, LLC
By =�
Jo A. Elmore II, Manager
CITY OF ASPEN
PRE - APPLICATION CONFERENCE SUMMARY
PLANNER: Errin Evans, 429 -2745 DATE: 03.10.2009
PROJECT: 300 Spring Street (Hannah Dustin) — Extension of Vested Rights
REPRESENTATIVE: Robyn Myler
Tel: 927 -0456
DESCRIPTION
The Applicant would like to request an extension of vested rights for the Hannah Dustin project. The project
consists of residential and commercial additions to the existing building located at 300 S Spring Street. The
residential portion of the project is complete and the applicant has not yet completed the commercial portion
of 2,440 square feet. To receive an extension of vested rights, the applicant must submit an application to
Council for approval by resolution at a public hearing.
Land Use Code Section(s)
26.304.030 Common Development Review Procedures
26.308.010 Vested Property Rights
http://www.aspenpitkin.com/deptsf
Review by: - Staff for complete application
- Referral agencies for technical considerations
- City Council
Planning Fees: $1470 Deposit for 6 hours of Staff time (additional planning hours over deposit amount are
billed at a rate of $235/hour).
Total Deposit: $1470
To apply, submit the following information:
1. Total deposit for review of the application.
2. Proof of ownership.
3. Completed Land Use Application Fomi.
4. A letter signed by the applicant, with the applicant's name, address and telephone number in a
letter signed by the applicant, which states the name, address and telephone number of the representative
authorized to act on behalf of the applicant.
5. Signed fee agreement.
6. Pre - application conference summary.
7. Street address and legal description of the parcel on which development is proposed to occur,
consisting of a current certificate from a title insurance company, or attorney licensed to practice in the
State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens,
easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply
for the Development Application.
8. A written description of the proposal and an explanation in written, graphic, or model form of how
the proposed development complies with the review standards relevant to the development application.
Please include existing conditions as well as proposed.
9. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen.
10. Additional application material as required for each specific review. (See application packet and
land use code)
11. Approved development plans on which vested rights are to be extended.
12. Copies of prior approvals.
13. 10 Copies of the complete application packet and maps.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based
on current zoning, which is subject to change in the future, and upon factual representations that may or
may not be accurate. The summary does not create a legal or vested right.
4 r
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT -' >
s
Agreement for Payment of City of Aspen Development Application Fees , -'0,1 / a
',. c
V t ?
CITY OF ASPEN (hereinafter CITY) and Snowmass Corporation
(hereinafter APPLICANT) AGREE AS FOLLOWS: Fli
1. APPLICANT has submitted to CITY an application for
Extension of Vested Rights for the Hannah Dustin Subdivision
(hereinafter, THE PROJECT).
2 APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land
Use applications and the payment of all processing fees is a condition precedent to a determination of application
completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it
is not possible at this time to ascertain the full extent of the costs involved in processing the application.
APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an
initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis.
APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he
•
will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning
Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning
Commission and /or City Council to make legally required findings for project consideration, unless current billings
are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CTTY's waiver of its right to collect
full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the
amount of $ 1,470.00 which is for six (6) hours of Community Development staff time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse
the CITY for the processing of the application mentioned above, including post approval review at a rate of $235.00
per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date.
APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and
in no case will building permits be issued until all costs associated with case processing have been paid.
CITY OF ASPEN APPLICANT
SNOWMA1 CO'PORATION
By: By: I/1, '.
Chris Bendon ,P!A w W. Light, Swe Lideasurer
Community Development Director Date: 3— 7) -fl
Billing Address and Telephone Number:
P. O. Box 620
Basalt, CO 81621
THE MYLER LAW FIRM, P.C.
TELEPHONE
DAVID J. MYLER' A Colorado Professional Corporation (970) 927 -0456
ROBYN J. MYLER' 1' FACSIMILE
(970) 927-0374
ADMITTED IN CO', NY', CT' 211 MIDLAND AVENUE EMAILS
SUITE 201 dmyler @mylerlawpC.
rmyler@mylerlawpc.com
BASALT, COLORADO 81621 meff @mylerlawpc.00m
C C ONN NN IE A WOOD, LEGAL ASSISTALEGALASSISTANT cwood @mylerlawpc.com
OIASSISTANT
March 26, 2009
„ 3
2L'ir9
VIA OSM DELIVERY
Errin Evans ;OMMUNJJY DEVELOPMENT
City of Aspen
Community Development Department
130 South Galena Street, Third Floor
Aspen, CO 81611
RE: Request for Extension of Vested Rights - 300 Spring Street (Hannah Dustin)
Dear Errin:
Enclosed are the materials required by the Pre - Application Conference Summary for the
above - referenced request for extension of vested rights, along with Check #20- 010807 for $1,470.00
from Snowmass Corporation to cover the initial fees for this Application. We have provided an
original and 10 copies of these materials for your use.
Please let me know if you need anything further.
Very truly yours,
THE MYLER ^ FIRM, P.C.
i
By:
David J. Myler --
Enclosures
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project: Hannah Dustin Condominiums, Unit A
Applicant: Snowmass Corporation
Location: 300 Spring Street, Lots A, B, C. D, Block 105
Zone District: Condominium
Lot Size: Approximately 0.1378
Lot Area:
(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing: Proposed: 2440 sq. ft.
Number of residential units: Existing: Proposed: 1 Affordable Unit
Number of bedrooms: Existing: Proposed: 2 Bedrooms
Proposed % of demolition (Historic properties only): N/A
DIMENSIONS:
Floor Area: Existing: 7992.16 Allowable: Proposed:
Principal bldg. height: Existing: N/A Allowable: N/A Proposed.. N/A
Access. bldg. height: Existing: N/ A Allowable: N/A Proposed: N/A
On -Site parking: Existing: N/A Required.. N/A Proposed: N/A
% Site coverage: Existing: N/A Required.. N/A Proposed: N/A
% Open Space: Existing: N/A Required: N/A Proposed.. N/A
Front Setback: Existing: N/A Required: N/A Proposed: N/A
Rear Setback: Existing: N/A Required.: N/A Proposed: N/A
Combined F/R: Existing: N/A Required: N/A Proposed: N/A
Side Setback: Existing: N/A Required: N/A Proposed: N/A
Side Setback: Existing: N/A Required: N/A Proposed: N/A
Combined Sides: Existing: N/A Required: N/A Proposed.. N/A
Distance Between Existing N/A Required: N/A Proposed: N/A
Buildings
Existing non - conformities or encroachments:
Variations requested:
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MEMORANDUM OF OWNERSHIP - ACCOMMODATION NO LIABILITY
PITKIN COUNTY TITLE, INC., A DULY LICENSED TITLE INSURANCE AGENT IN THE STATE OF COLORADO. BY
EXAMINATION OF THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO,
DISCLOSES THE FOLLOWING:
GRANTEE IN THE LAST INSTRUMENT OF CONVEYANCE
SNNOMASS CORPORATION
N
LEGAL DESCRIPTION O/V4p,, u, 2e119
ovit
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UNIT A, HANNAH - DUSTIN CONDOMINIUMS, according to the Plat thereof recorded October 2, 19W at
Book 17 at Page 78 as Reception No. 271969 and First Amended Plat of the Hannah Dustin Condominiu s,
recorded August 29, 2006 in Plat Book 80 at Page 3 as Reception No. 527927, and as defined and described
by the Amended and Restated Condominium Declaration of HANNAH - DUSTIN, A CONDOMINIUM recorded
August 29, 2006 as Reception No. 527925 and as shown on the HANNAH DUSTIN SUBDIVISION PLAT,
recorded Septemer 25, 2006 in Plat Book 81 at Page 44 as Reception No. 528934.
DEED OF TRUST APPARENTLY UNRELEASED
DEED OF TRUST FROM : SNOWMASS CORPORATION
TO THE PUBLIC TRUSTEE OF THE COUNTY OF PITKIN
FOR THE USE OF : BANK OF AMERICA, N.A.
TO SECURE : $8,000,000.00
DATED : 09/04/2008
RECORDED : 09/08/2008
RECEPTION NO. : 552734
Assignment of Leases and Rents and Other Income recorded September 8, 2008 and
UCC Filing recorded September 8, 2008 as Reception No. 552736.
LIENS AND JUDGMENTS (AGAINST LAST GRANTEE) APPARENTLY UNRELEASED
NONE
THIS INFORMATION IS FOR YOUR SOLE USE AND BENEFIT AND IS FURNISHED AS AN ACCOMMODATION. THE
INFORMATION HAS BEEN TAKEN FROM THE PUBLIC RECORDS, WITHOUT REFERENCE TO, OR EXAMINATION
OF, INSTRUMENTS WHICH PURPORTS TO AFFECT THE REAL PROPERTY. THE INFORMATION IS NEITHER
GUARANTEED NOR CERTIFIED, AND IS NOT AN ABSTRACT OF TITLE, OPINION OF TITLE, NOR A GUARANTY OF
TITLE, AND OUR LIABILITY IS LIMITED TO THE AMOUNT CHARGED FOR THIS REPORT.
EFFECTIVE DATE: MARCH 11, 2009
PITKIN COUNTY TITLE, INC.
BY: - r
Authorized Officer
JOB NO: ACCOM2442
•
SNOWMASS CORPORATION
c/o Andrew W. Light
P. O. Box 620
Basalt, CO 81621
(970) 927-0847
March 24, 2009
City of Aspen
Community Development Department
Attention: Errin Evans
130 South Galena Street
Aspen, CO 81611
RE: Application for Extension of Vested Rights
300 Spring Street (Hannah Dustin Subdivision)
Dear Erin:
I, Andrew W. Light, as Secretary/Treasurer of the Snowmass Corporation, hereby authorize
The Myler Law Firm, P.C. to submit and process on our behalf an Application for Extension of
Vested Rights for the land area in the City of Aspen shown on enclosed Exhibit A. The names and
relevant contacts are as follows: `
The Myler Law Firm, P.C.
David J. Myler and Robyn J. Myler
211 Midland Avenue, Suite 201
Basalt, Colorado 81621
(970) 927-0456
Thank you for your consideration of this Application. If you have any questions or require
any additional information, please do not hesitate to contact me.
Very truly yours,
SNOW ORPORA) /
By: 'at r S
1 11 7Ar dre 7 W. fight, Se etary/Treasurer
Enclosure
EXHIBIT A
LEGAL DESCRIPTION
UNIT A, HANNAH - DUSTIN CONDOMINIUMS, according to the Plat thereof recorded October 2,
1985, in Plat Book 17 at Page 78, as Reception No. 271969, and First Amended Plat of the
Hannah Dustin Condominiums, recorded August 29, 2006, in Plat Book 80 at Page 3, as Reception
No. 527927, and as defined and described by the Amended and Restated Condominium
Declaration of HANNAH - DUSTIN, A CONDOMINIUM, recorded August29, 2006, as Reception No.
527925. and as shown on the HANNAH DUSTIN SUBDIVISION PLAT, recorded September 25,
2006. in Plat Book 81 at Page 44. as Reception No. 528934.
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