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HomeMy WebLinkAboutcoa.lu.pu.Moore Lot8e & 9e 56 Cinnamon Ct.A008-00 CASE NUMBER A008-00 PARCEL ID# CASE NAME Moore PUD Amendment PROJECT ADDRESS Lots 8e & 9e, Block F, Moore PUD PLANNER Nick Lelack CASE TYPE Minor PUD Amendment OWNER/APPLICANT Zoom Flume LLC. REPRESENTATIVE Davis Horn Inc. DATE OF FINAL ACTION 3/21/00 CITY COUNCIL ACTION PZ ACTION Reso. 16-00 ADMIN ACTION BOA ACTION DATE CLOSED 6/30/00 BY I Lindt �1`k\\bC-)614' i+4" uJ DAThRODEJ1/26/00 e::ii 5' ryritif NCYjAoo600 AIIIE Moore PUD Amendment Pllt groitioix p Lots Be&9e Block F Moore PUD LASS Minor PUD Amendment :STEP Q91 'APPajZoom Flume LLC '`,.4p Box 5115 ri Aspen/CO/81611 �'k`iN 920 1710 Davis Horn Inc A `L 215 S Monarch ste 1 Aspen/CO/81611 11 925 6567 ' 480 D FEES Rt#p 480i"AT� aaeri .. . 5 ,�,l�'tY't i f vim :' * UNL te Aso. rates r ►t► in r5 �dt1 #� 14c1� 4pNF1N DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Zoom Flume LLC., Box 5115, Aspen, CO 81611 Property Owner's Name, Mailing Address and telephone number Lots 8E, 9E, Block F, Moore Planned Unit Development Legal Description and Street Address of Subject Property Planned Unit Development Amendment Written Description of the Site Specific Plan and/or Attachment Describing Plan Planning & Zoning Commission Resolution # 16-00, 3/21/00 Land Use Approval(s) Received and Dates(Attach Final Ordinances or Resolutions) April 1, 2000 Effective Date of Development Order (Same as date of publication of notice of approval.) April 2, 2003 Expiration Date of Development Order(The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 1St day of April, 2000, by the City of Aspen Community Dev opment Director. Jul' nn Woods, Community Development Director PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lots 8e and 9e, Block F, Moore Planned Unit Development, by resolution of the Planning and Zoning Commission numbered 16 of Series 2000. For further information contact Julie Ann Woods, at the Aspen/Pitkin Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920-5090. s/City of Aspen Account Publish in The Aspen Times on April 1, 2000 AGENDA �� © ASPEN PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY, MARCH 21,2000 4:30 PM SISTER CITIES ROOM I. COMMENTS A. Commissioners B. Planning Staff C. Public II. MINUTES III. DECLARATION OF CONFLICTS OF INTEREST IV. PLANNING AND ZONING COMMISSION PUBLIC HEARINGS A. DEVELOPMENT REVIEW PROCESS FOR PUBLIC PROJECTS, John Worcester (continued from February 29,2000 and March 14, 2000) B. TRUSCOTT CONCEPTUAL PLANNED UNIT DEVELOPMENT, Chris Bendon (continued from March 7,2000) C. MOORE PLANNED UNIT DEVELOPMENT MINOR AMENDMENT, Nick Lelack Sea rG4kr44 rut_iv Re a.d awl V. ADJOURN MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Directors-AO FROM: Nick Lelack, Planner\bf RE: Moore Family Planned Unit Development: Plat and PUD Amendment- Public Hearing, Resolution No.* Series of 2000 DATE: March 21, 2000 APPLICANT: Zoom Flume, LLC ,'"""r REPRESENTATIVE: 'l'` Glenn Horn, Davis Horn, Inc. LOCATION: Block F, Moore Family PUD ZONING: . R-15 PUD "y 4 • } CURRENT LAND USE: �"r,},� �' - tre `_I Residential } PROPOSED LAND UsE: The affordable housing unit lots and area for the Residential proposed changes in the grading and drainage plan are located on a bench below this slope. SUMMARY: The purpose of this application is to amend the Moore Family PUD satiesinsimanwii want laltribitinglittinetinniK F tin Community Development Staff recommends approval of the three requests, with conditions. Moore Family PUD Amendment Planning and Zoning Commission, March 21, 2000 REVIEW PROCEDURE • PUD Amendment(1-Step Review): An amendment found to be consistent with or an enhancement of the approved final development plan by the Community Development Director, but which does not meet the established thresholds for an insubstantial amendment may be approved, approved with conditions, or disapproved by the Planning and Zoning Commission. The Community Development Director determined that this project does not qualify as an insubstantial amendment because it requires granting a variation from the project's approved dimensional requirements to a significant degree. The Community Development Director believes the requested amendments are consistent with the approved final development plan. STAFF COMMENTS: Zoom Flume LLC ("Applicant"), represented by Glenn Horn of Davis Horn, Inc., has applied for amendments to the Moore Family Planned Unit Development (PUD) and Plat. Zoom Flume LLC is the successor in title to the James E. Moore Family Partnership, and is the developer of the project. The Applicant has requested three amendments to the Moore Family PUD and Plat. The first request is for a minor Plat Amendment to the Moore Family PUD Plat to reduce the setbacks for two (2) affordable housing unit lots from 20 feet in the front and rear yards to 12 feet in the front and rear yards. The subject lots (Lots 8e and 9e) front Cinnamon Court and back up to Moore Drive. The second request is to allow taller lift towers for the Moore PUD High School Ski Lift from 40 feet to 50 feet. Finally, the applicant is requesting approval of a revised Grading and Drainage Plan for Block F of the Moore Family PUD (Exhibit C). The Applicant requested the setback change for the two lots because the parcels were platted and affordable housing unit designs were selected before Moore Drive and Cinnamon Court were developed. The affordable units were designed to fit inside the approved setbacks. Unfortunately, the grading required to develop Moore Drive extended significantly into the parcels' Lots 8e and 9e rear yards. These lots are sandwiched between Moore Drive and Cinnamon Court. Consequently, neither the affordable housing units selected for these lots, nor variations of the designs, can now fit on the lots without a change from the approved dimensional requirements. Staff supports this request because it does not result in new development activity beyond what was approved. In addition, Staff does not want the affordable housing units to be compromised in any way, especially not downsized, because the road grading exceeded the developer's expectations. Staff also supports the request to increase the Moore PUD High School lift tower to a maximum of 50 feet. The Applicant did not expect the lift tower to exceed 40 feet in height during the review process for the Moore Family PUD. POMA Corporation has determined during the construction plan that a higher pole is necessary for adequate lift operations. The actual preliminary plan profile indicates the highest tower tube will be Moore Family POD Amendment Planning and Zoning Commission, March 21. 2000 2 45.93 feet. The Applicant is requesting a maximum of height of 50 feet if the final plan profile exceeds 45.93 feet there exists some flexibility. Again, Staff believes this request is consistent with the original approval, and is an outstanding asset for the high school. Finally, the Applicant has requested minor changes to the Grading and Drainage Plan for Block F, the same block as the Lot 8e and 9e discussed above. Staff and the Applicant have worked together on a proposal that minimizes necessary grading outside the building envelopes and the impact on the dense native vegetation. Specifically, grading outside the building envelope will occur only to the extent required to alleviate the need for retaining walls, which the neither Community Development Staff nor the Applicant desires, and in a manner that preserves as much of the native vegetation as possible. The proposed drainage plan represents the agreement reached between Staff and the Applicant. RECOMMENDED MOTION: "I move to approve the Moore Family PUD and Plat amendments and conditions of approval outlined in the Community Development memo dated March 21, 2000." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Development Application Exhibit C -- Revised Grading and Drainage Plan C:A home A nick]A Active Cases\Moore PUD amend PZ.doe Moore Family PUD Amendment Planning and Zoning Commission, March 21, 2000 3 EXHIBIT A MOORE FAMILY PUD & PLAT AMENDMENT REVIEW CRITERIA& STAFF FINDINGS Sections 4, Ordinance No. 24, Series of 1991, established a procedure and standards for minor PUD and Plat amendments to the Moore Family PUD and Plat which are intended to change an element or condition of the development permit, provided that the proposed amendment are consistent with the standards discussed below. Although the PUD review standards contained in Section 26.445.050 of the Land Use Code are not used to evaluate this application, the Community Development Director requested the applicant to address Section 26.445.100(A)(9) Amendment of PUD Development Order to determine whether the proposal is consistent with the original approval. Section 26.445.100(A)(9) Amendment of PUD Development Order Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements." Staff Finding The Applicant responded by stating that the variations are needed from the approved dimensions because of an oversight by the developer. Despite this oversight, Staff believes the proposed changes are consistent with the original approval for the Moore Family PUD, primarily because the requests do not change the amount of development originally approved. Section 4, Ordinance No. 24, Series of 1991, a. The amendment must be a clarification or a technical correction to a plat. Staff Finding The change in setbacks from 20 feet to 12 feet is a technical correction to the plat, which is needed to accommodate the pre-designed affordable housing units on two lots. Construction of Moore Drive encroached further into the lots that expected, created a need for the variance from the established dimensions. The tower height and Grading and Drainage Plan amendments are not plat issues. This criterion is addressed. b. The amendment must not change the use of the proposed development between residential, commercial and tourist accommodation uses. Staff Finding The amendment does not change the uses in any way. Moore Family PUD Amendment Th1S criterion is addressed. Planning and Zoning Commission, March 21, 2000 4 c. The amendment must be consistent with action taken during the review of the original development activity. Staff Finding The amendment is consistent with action taken during the review of the original development activity. Minimal grading outside the approved building envelopes for the affordable housing units would occur to prevent a need for retaining walls. The level of development activity would only change slightly, but in a manner that is consistent with the approved level of development activity. This criterion is satisfied. d. The proposed activity does not: i• Change the bask character of the approved use of land on which the activity occurs including basic visual appearance and method of operation; Staff Finding The amendment does not change the basic character of the approved use of land on which the activity occurs, including the basic visual appearance. Minor changes would occur as a result of these proposed amendments, including two affordable housing units would be 8 feet closer to Moore Drive and Cinnamon Court, minimal grading would occur outside the building envelopes on the Cinnamon Court lots, and the lift tower would be higher. However, none of these changes would alter the basic visual appearance and methods of operation in the Moore PUD. This criterion is addressed. ii. Increase off-site impacts in the surrounding neighborhood; Staff Finding No increased off-site impacts in the surrounding neighborhood would occur as a result of these amendments. This criterion is addressed. iii. Endanger the public health, safety or welfare; Staff Finding The public health, safety or welfare will not be endangered by these proposed amendments. This criterion is satisfied. iv. Substantially increase the need for on-site parking or utilities, or affect affordable housing mitigation; and, Staff Finding The need for parking, utilities, or affordable housing would not be changed in any way by the amendment. This criterion is addressed. v. Increase the floor area of the use by more than two (2)percent or decrease open space on the site by more than three (3)percent. Moore Family PUD Amendment $ Planning and Zoning Commission, March 2!, 2000 J Staff Finding The proposed amendment does not affect floor area or open space. This criterion is satisfied. Moore Family PUD Amendment 6 Planning and Zoning Commission, March 21, 2000 RESOLUTION NO. /4 (SERIES OF 2000) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING OF THE MOORE FAMILY PLANNED UNIT DEVELOPMENT MINOR AMENDMENT AND FINAL PLAT MINOR AMENDMENT, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application Zoom Flume LLC, represented by Glenn Horn of Davis Horn, Inc., for Planned Unit Development (PUD) and Final Plat minor amendments to reduce the front and rear yard setbacks for Lots 8e and 9e, Block F, from 20 feet to 12 feet, increase the height of the lift towers from the Moore PUD High School Ski Lift from 40 feet to 50 feet, and revise the Grading and Drainage Plan for Block F; and, WHEREAS, Ordinance No. 24, Series of 1991, approved the Moore Family PUD, and established a procedure and standards for minor PUD and Plat amendments to the Moore Family PUD; and, WHEREAS,pursuant to Section 26.445 of the Land Use Code, the Planning and Zoning Commission may approve minor Planned Unit Development and Plat amendments during a duly noticed public hearing after considering a recommendation from the Community Development Director and considering comments from the general public; and, WHEREAS, the Community Development Department reviewed the Project and recommended approval with conditions; and, WHEREAS,the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation from the Community Development Director, and has taken and considered public comment at a public hearing; and. WHEREAS, during a duly noticed public hearing on March 21, 2000, the Planning and Zoning Commission approved, by a_to ( -J vote, approved minor amendments to the Moore Family PUD and Final Plat; and, WHEREAS,the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW,THEREFORE,BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Moore Family Planned Unit Development and Final Plat minor amendment is approved subject to the conditions of approval described hereinafter. Conditions of Approval: 1. An amended Ilteakepn shall be recorded within 180 days of the final approval by the Planning and Zoning Commission. Moore Family PUD Amendment Planning and Zoning Commission, March 21, 2000 7 2. litlianathall be recorded within 180 days of the final approval granted by City Council and shall include: a. A final plat meeting the requirements of the City Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements and parking spaces within City rights-of-way , location of utility pedestals, and a note stating that a witness corner will be installed on the north east corner of the property after completion of construction. ` ! *.9itritintAIWinfl the the PM:01S impncsuementg ,?tkdttlg,: v6 and the dimensional requirements as:approved.i e.�slnM1 eax. :.. y .. s'C ._r clarinet 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 2-year storm frequency should be used in designing any drainage improvements. 3. The PUD Agreement and the Final PUD Plans shall be recorded prior to an application for a building permit may be accepted by the Building Department. 4. The building permit application shall include: a. A copy of the final Ordinance and recorded P&Z Resolution. b. The conditions of approval, Ititif the Minor PUD, printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off-site replacement or mitigation of removed trees. een f A completed agreement to join any future improvement districts formed for the purpose of constructing improvements in adjacent public rights-of-way. 5. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. b. All tap fees,impacts fees, and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. 6. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. 7. Before issuance of a building permit, the applicant shall record the Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Moore Family PUD Amendment Planning and Zoning Commission, March 21, 2000 8 Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the 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 3: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Commission at its regular meeting on March 21, 2000. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Robert Blaich, Chair ATTEST: • Jackie Lothian, Deputy City Clerk Moore Family PUD Amendment 9 Planning and Zoning Commission, March 21, 2000 EnAlMral Davis Horn- March 14 , 2000 PLANNING & REAL ESTATE CONSULTING Nick Lelack City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Moore Family Planned Unit Development: Plat and Planned Unit Development Amendment Dear Nick: Davis Horn Incorporated represents the Zoom Flume LLC ( "applicant" ) in this land use application. As you know, Zoom Flume LLC, is the successor in title to the James E . Moore Family Partnership . Zoom Flume LLC, is the ( "developer" ) of the Moore Family PUD. This land use application seeks the following land use approvals . 1 . Setback Change - The applicant requests approval for a minor Plat Amendment to the Moore Family PUD Plat to adjust setbacks for two affordable housing unit lots located in Block F (Lots 8e and 9e) . Exhibit 1 depicts the Moore Family PUD Final Plat sheet 7 of 9 . The final Plat shows Lots 8e and 9e have 20 foot rear and front yard setbacks . Exhibit 2 , the Moore Family PUD second amended Plat , shows 12 foot front and rear yard setbacks for these lots . This represents setback reductions of eight feet for the front and rear yards . 2 . Height Change - The applicant requests a minor amendment to the Moore Planned Unit Development Guide (PUD Guide) to allow taller lift towers for the Moore PUD High School Ski Lift is requested. Article VII of the Moore Planned Unit Development Guide limits lift towers to a height of 40 feet (see Exhibit 3) . Exhibit 4 is a preliminary plan profile of the High School Lift . The bottom seven towers are located within the Moore PUD. The preliminary plan profile indicates the highest tower tube will be 45 . 93 feet tall . The applicant requests the PUD Guide be amended to permit a maximum lift tower height of 50 feet . This will allow some flexibility between preliminary and final lift design. 3 . Grading & Drainage - The applicant requests approval of a revised Grading and Drainage Plan for Moore PUD, Block F. Exhibit 5 is a copy of the approved Moore PUD Grading and Drainage Plan ( "Revised Detailed Submission) . The Plan does not show any grading outside of the Block F building envelopes . Exhibit 6 depicts the proposed grading plan for this area . ALICE DAVIS, AICP I GLENN HORN, AICP 215 SOUTH MONARCH St. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5180 Nick Lelack March 14 , 2000 Page 2 LAND USE APPROVALS On June 28 , 1999 the City of Aspen approved Ordinance No. 24 Series of 1991 which established a procedure and standards for minor PUD amendments to the Moore Family PUD (see Exhibit 7) . Section 4 of the ordinance states the procedure is intended to address changes to "elements or conditions of the development permit . " This section of the application demonstrates compliance with the standards . The standards appear in bold followed by the applicant ' s response . Standard a. The amendment must be a clarification or a technical correction to the plat. Setback Response It was determined after the construction of the Moore PUD road system that setback modifications were needed for Block F, Lots 8e and 9e . Height Change Response The proposed tower height is not a plat issue . Tower height is addressed in the Moore PUD Guide (see Exhibit 3) . Grading and Drainage Response Grading and drainage is not a plat issue . The County approved a revised Grading and Drainage Plan in June (Exhibit 5) . The revised Grading and Drainage Plan approved modifications to grading and drainage adjacent to the affordable housing in Block C. After completion of the Moore PUD road system it became clear that there needs to be additional grading for the buildings proposed for Block F. Standard b. The amendment must not change the use of the proposed development between residential, commercial and tourist accommodations uses. Setback, Height, Grading and Drainage Responses Changes in uses are not proposed. Nick Lelack March 14 , 2000 Page 3 Standard c. The amendment must be consistent with action taken during the review of the original development and does not constitute new land development activity. Setback, Height, Grading and Drainage Responses The level of development activity will be identical to the activity approved in the Moore PUD land use review. There proposal will not result in new land development activity. Standard d. i . The proposed activity does not change the basic character of the approved use land on which the activity occurs including the basic visual appearance and method of operation. Setback, Height, Grading and Drainage Responses The proposed amendment does not affect the basic character of the approved use of land. Standard d. ii. The proposed activity does not increase off-site impacts in the surrounding neighborhood. Setback, Height, Grading and Drainage Responses The proposed minor amendments will not result in an increase in off-site impacts on the surrounding neighborhood. Standard d. iii. The proposed activity does not endanger public health, safety or welfare. Setback, Height, Grading and Drainage Responses The proposed amendment does not affect public health, safety or welfare . Standard d. iv. The proposed activity does not substantially increase the need for on-site parking or utilities, or affect affordable housing generation. Nick Lelack March 14 , 2000 Page 4 Setback, Height, Grading and Drainage Responses The minor amendment does not affect on-site parking, utilities or affordable housing generation. Standard d.v. The proposed activity does not increase the floor area of the use by more than two (2) percent or decrease open space on the site by more than three (3) percent. Setback, Height, Grading and Drainage Responses Open space and floor area are not affected by the proposed amendment . SUMMARY The applicant is seeking minor amendments to the Moore PUD to address technical issues which have come up during the construction process . The proposed amendment complies with the minor PUD amendment standards established in City or Aspen Ordinance NO. 24 series of 1999 . The applicant is submitting $ 480 . 00 with this application as indicated on the pre-applicaiton summary sheet . The following Exhibits are attached to this letter for your information. Exhibit 1 : Moore PUD Final Plat sheet 7 of 9 . Exhibit 2 : Moore Family PUD second amended Plat . Exhibit 3 : Article VII of the Moore Planned Unit Development Guide Exhibit 4 : High School Lift : Preliminary Plan Profile Exhibit 5 : Moore PUD Revised Detailed Submission Grading and Drainage Plan Sheet GD 4 Exhibit 6 : Moore PUD Proposed Grading Plan Block F Exhibit 7 : January 4 , 2000 letter to Cindy Christiansen Exhibit 8 : Letter from Zoom Flume LLC authorizing Davis Horn Incorporated to submit a land use application to the City of Aspen and represent them in the land use approval process Nick Lelack March 14 , 2000 Page 5 Exhibit 9 : Fee Agreement Exhibit 10 : City of Aspen Pre-Application Summary Sheet Exhibit 11 : Land Use Application Form Exhibit 12 : Vicinity Map Please contact me at 925-6587 if I can provide any additional information and or materials . Thank you for your assistance . Sincerely, DA S HORN INCORPORATED—fir- GLE HORN AICP Moore . ..2 11111 taaaa tIN 1N11111 aaaaaaa r A w4 fi 4 w • ' G rH » Gi.4g997."" 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Fig 1 �' 0,--ez Y I t�' , .0 —en% '�.. 0 $ I °I 1 2`o o p o _41+A1,7' 1 �n\ ,� f �),� 2Dlii 7 %a.t . \Ai- in L) ■ I % ;d, t '' \ ' f g 0 r;..c ■;- r q` N-/ ` "`t 1\ 4;P 1 0- M t, I V 1 1 ' I v 11 \ -'� \ 4° II j ele EXHIBIT 3 MOORE FAMILY PLANNED UNIT DEVELOPMENT GUIDE Tua MOORE F�j ILY PLANNED UNIT DEVELOPMENT GUIDE is made this day of II/ u rt , 1998 , by the JAMES E. MOORE FAMILY PARTNERSHIP, LLLP, j Colorado limited liability limited partnership, its s censors and assigns ("Declarant") . RECITALS WHEREAS, the Declarant is the owner of all the real property in Pitkin County, Colorado, described in the Moore Family PUD Final Plat, recorded on ifwalor /d , 1998, in Plat Book 415'at Page tr / ("Moore Family PUD Final Plat") , and Lot 2, Parcel A, the Moore Family Parcel "A" Subdivision, Essential Community Facilities Exemption Plat, recorded on /tt/GUaT /0 , 1998, in Plat Book 'prat Page 7g ( "Facilities Exemption Plat" ) , collectively referred to herein as the "Property" ; and WHEREAS, on April 2, 1997, the Pitkin County Board of County Commissioners (hereinafter the "Board" or "Pitkin County") approved the Moore Family Planned Unit Development ( hereinafter "Moore Family POD" ) Detailed Submission (Site Specific Development Plan) pursuant to the Pitkin County Land Use Code (hereinafter "Code") . Section 3-7 of the Code establishes the Planned Unit Development ( hereinafter "PUD") procedure which allows variance from the strict adherence to the area and bulk requirements of underlying zone districts within a POD; and WHEREAS, The County has fully considered and approved the Detailed Submission, as evidenced by Pitkin County Resolution No. 97-75, "Granting Detailed Submission, Planned Unit Development, Subdivision, Special Review, Ridgeline Review, Growth Management Quota System Exemptions, and 1041 Environmental Hazard Review Approvals for the James E. Moore Family Partnership Project Located Adjacent to the Aspen Public School Campus" , recorded on May 8, 1997, at Reception No. 404234; Pitkin County Ordinance No. 97-13 , Ordinance of the Board of County Commissioners of Pitkin County, Colorado, Granting Approval of Rezoning from AFR-2 and AFR-10 to AFR-1 for Portions of the Moore Property Located Adjacent to the Aspen Public School Campus and Amending the Official County Zoning Maps Accordingly, recorded on June 10, 1997, at Reception No. 405216; Pitkin County Resolution No. 98- 25, Resolution of the Board of County Commissioners of Pitkin County, Colorado, granting the Moore Family Partnership Subdivision and Growth Management Quota System Exemptions for Essential Community Facilities for a 35 Acre Parcel Adjacent to the Moore Family POD Subdivision, recorded on February 24 , 1997, at Reception No. 413838 ; and Pitkin County Resolution No. 98-57, Resolution of the Board of County Commissioners of Pitkin County, Colorado, Granting Final Plat Approval for the James E. Moore • -' 1111111IIIII111111111111Ell 111111M UM IIN IIII 420487 08/10/1988 04:10P PUD DAVIS SILVI 1 of 40 R 201.00 0 0.00 N 0.00 PITKIN COUNTY CO Fr ARTICLE VII HEIGHT LIMITATIONS 1. Dwellin�ts. All dwelling units, except those to be constructed on Lots 25e through 31e, Block A, Moore Family PUD Final Plat , are limited to maximum height of 28 feet . 2. Affordable Housing Dw.11ifC Units. The dwelling units located on Lots 25e through 31e, Block A, Moore Family PUD Final Plat , are limited to a maximum height of 16 feet . 3 . Ski Club Building. The Ski Club building to be located on Block B, Moore Family PUD Final Plat, is limited to a maximum height of 28 feet. 4 . Ski Lift Towers. The ski lift towers are limited to a maximum height of 40 feet . ARTICLE VIII BUILDING SETBACKS All development, including grading, shall be contained within the building envelopes, with the exception of grading necessary for driveways and driveway retaining walls, roads as depicted on the Detailed Submission grading plans, landscaping in open Space Area 9. ARTICLE IE DRIVEWAYS Driveways, grading associated with driveways and driveway retaining walls for the sole purpose of driveway construction are permitted outside building envelopes between the lot access point and the designated building envelopes . Driveway retaining walls located outside the building envelope shall not exceed six (6) feet in htn • Stepped-back terraced wall structures ample planting pockets are be usedwheregradehanges exceed six feet . Decorative walls located outside the building envelope, not used for retainage, are prohibited. ARTICLE X ESNIMUM LOT WIDTH The minimum lot width is established on the Moore Family PUD Final Plat . ARTICLE SI MINIMUM LOT SIZE Minimum lot size is established on the Moore Family PUD Final Plat . -7- Illlllllllllllllllilllllilllllllilllllllll 1111111I " 420407 09/10/1990 04t19P PUD DAVIS SILVI 7 of 40 R 201.00 D 0.00 N 0.00 PITNIN COUNTY CO 1 ORDINANCE NO. )4 (Series of 1999) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN, COLORADO, TO BE KNOWN AND DESIGNATED AS THE "MOORE FAMILY PUD" ANNEXATION. WHEREAS, on March 29, 1999, the City Manager of the City of Aspen, on behalf of the City of Aspen, the James E. Moore Family Partnership, LLLP, Mark B Whitson, the Astri Corporation, Thomas H. Bailey, Robert M. and Nancy L. Beevers, the Zoom Flume LLC, Kevin L. Patrick, and Patricia Bakur, constituting one hundred percent of the owners of the property proposed to be annexed did file with the City Clerk of the City of Aspen a Petition for Annexation of territory to the City of Aspen; and WHEREAS, on April 12, 1999, the City Council did adopt Resolution No. 30, Series of 1999, fmding substantial compliance with Section 31-12-107(1), C.R.S.; establishing May 24, 1999, as the date for a public hearing to determine compliance with Sections 31-12-104 and 31- 0 �>U )- 12-105, C.R.S.; and authorizing publication of said hearing; and �MO 11•■'a WHEREAS, a public hearing was held on May 24, 1999; and BUY a WHEREAS, the City Council, by resolution (Number 42, Series of 1999) at its regular —O m o m meeting on May 24, 1999, following a public hearing did find and determine said Petition for =a malt m m Annexation to be in substantial compliance with §§ 31-12-104 and 31-12-105, C.R.S.; and �a o WHEREAS, the City Council does hereby find and determine that approval of the m-om Q�N annexation of said territory to be in the City's best interest; and -r ama m�n WHEREAS, Pitkin County granted the owners of the Moore Family PUD land use r,fw �- approvals that have been memorialized in a Subdivision Improvements Agreement and Planned Unit Development pursuant to the County's Planned Unit Development (PUD) regulations; and WHEREAS, the Pitkin County PUD regulations differ slightly from the City's PUD land use regulations and experience has indicated that on occasion, following an annexation of property into the City that has received land use approvals in the County, it becomes necessary to make minor amendments to the Final Plat and PUD; and WHEREAS, the City Council desires to allow the City's Community Development Director to approve said minor amendments to the PUD and Final Plat consistent with the County PUD land use regulations that do not clearly contradict City PUD regulations without the necessity to amend the City land use regulations or require the applicant to follow needlessly cumbersome City land use regulations for minor amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That the tract of land described in the Petition for Annexation, commonly referred to as the "Moore Family PUD", and as shown on the annexation map, is hereby annexed to the City of Aspen, Colorado. Section 2. The City Clerk of the City of Aspen is hereby directed as follows: (a) To file one copy of the annexation map with the original of this annexation ordinance in the office of the City Clerk of the City of Aspen. (b) To certify and file two copies of this annexation ordinance and of the annexation map with the Clerk and Recorder of the County of Pitkin, State of Colorado. (c) To request the Clerk and Recorder of Pitkin County to file one certified copy of this annexation ordinance and of the annexation map with the Division of Local Government of the Department of Local Affairs, State of Colorado. 11E1 11111 111111111111111111 111111 I I 1111 1111 433361 07/14/1999 08:44fl ORDINRNC DAVIS SILVI 2 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO 2 Section 3. The City Engineer of the City of Aspen is hereby directed to amend the Official Map of the City of Aspen to reflect the boundary changes adopted pursuant to this annexation ordinance. • Section 4. The Community Development Director is hereby authorized to approve minor PUD amendments to the Moore Family PUD which are intended to change an element or condition of the development permit; provided, however, that the proposed amendments are consistent with the following standards: a. The amendment must be a clarification or a technical correction to a plat. b. The amendment must not change the use of the proposed development between residential, commercial and tourist accommodation uses. c. The amendment must be consistent with action taken during the review of the original development and does not constitute new land development activity. d. The proposed activity does not: i. Change the basic character of the approved use of land on which the activity occurs including basic visual appearance and method of operation; ii. Increase off-site impacts in the surrounding neighborhood; iii. Endanger public health, safety or welfare; iv. Substantially increase the need for on-site parking or utilities, or affect affordable housing generation; and v. Increase the floor area of the use by more than two (2) percent or decrease open space on the site by more than three (3) percent. Section 5. The Community Development Director is hereby authorized to approve minor plat amendments to the Moore Family PUD; provided, however, that the proposed amendments are consistent with the following standards: a. The amendment increases or does not affect the degree of compliance with land use code standards; b. The amendment is being made to a recorded plat which has been approved by the City; and c. The amendment is consistent with representations made to Pitkin County during the conceptual and detailed subdivision reviews whichever is applicable. 1111111 11111 HMI IIII 11111 111111 111111 III 11111 IIII 101 433381 07/14/1999 08:44A ORDINRNC DAVIS SILVI 3 3 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO Section 6. That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 7. That this ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. A public hearing on the ordinance shall be held on the 28th day of June, 1999, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 14th day of June, 1999. r / Rac I E. Richards, Mayo • ,‘/ Of 44, ?A' r`TEST: .`'% tecaS Clerk 1111111 11111 111111 111111111 1311 111111 III 11111 Ili! 1111 433381 07/14/1999 08:44A ORDINANC DAVIS SILVI 4 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO 4 FINALLY adopted, passed and approved this 02$544—day of : '-1Lt 1999. — h l E. Richards, Mayor „,,,,,h.., \ T1 .-S415:PF,r Ei.4.. � L�✓ice•i` thryn S. .90 1.Ci Clerk .• ,.I :' , . ,,j g • � '""'1, k r -. •J • I— !_r_, r' JPW-06/22/99-G:\john\word\ords\moo e.tloc? Li'-+ i •:Si�;.")A • f 2..,) a - 1 111111 "III 111111 111111111 111111 131111 11111 1111 1111 433361 07/14/1999 08:44P ORDINANC DAVIS SILVI 5 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO 5 Jan- 19-00 09: 32A yusem horn 97C ,25 5180 11 P . 02 h � 1)• "r g ZOOM PLUME LLC BOX 5115 ASPEN, COLORADO 81611 970-920-1710 January 18, 2000 Nick Lelack Aspen Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Moore PUD: Minor Plat and PUD Amendments Dear Nick: Zoom Flume LLC is the developer of the Moore Planned Unit Development. This letter authorizes Davis Horn Incorporated to prepare a Plat and PUD land use application on our behalf and represent us in the City of Aspen land use process. Thanks. Sincerely, Z,14144k4.7-0, 1441-11 71;g : ZOOM FLUME LLC RECEIVED TIME JAN.19. 9:35AM PRINT TIME JAN.19. 9:37AM Jan- 19-00 09: 32A yusem horn s25 5180 P .03 JAN 11-2000 TUE Ub Ld en • •.- ___ -.•>.h, b. T `t ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT • Agreement for Payment of City of Aspen Development Application Fees �Wr+� t-- l.A.rr.0 1. -LL CITY 01'ASPEN(hereinafter CITY)and (hereinafter APPLICANT)AGREE AS FOLLOWS: I. APPLICANT hua submitted to CITY an application for fl tire- P V 0 t P l5-T. ('cr.-.-ar.,Ar..e rtT S _ (hereinafter.THE PROJECT). 2 APPLICANT understands and agrees that City of Aspen Ordinance No. 49 (Series of 1998) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and ro 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 lie 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 Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration.unless current billings arc paid in full prior TO decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY'S waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of SBkO which is for 2. C. 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. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees than failure ro 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 q X Lr, W USG i� ' "AES Julie Ann Woods 1 I I l�J, O t7 Community Development Director Date: _ Mailing Address: c OX .5 1 1S . rn . LU ‘ 16a 0;to u p po r tl iorm slagr p aya s.d o e 12127/99 RECEIVED TIME JAN. 19. 9:35AM PRINT TIME JAN. 19. 9:37AM JAN-11-2000 TUE 05:21 PM FAX N0. P. 01 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY' PLANNER: Nick Lelack,920-5095 DATE: January 11,2000 PROJECT: Minor PUD Amendments&Minor Plat Amendments to the Moore Family PUD REPRESENTATIVE: Glenn Horn, 925-6587 TYPE OF APPLICATION: Minor PUD Amendment,Minor Plat Amendment DESCRIPTION: The applicant would like to make minor plat amendments to the Moore Family PUD to (1) amend the recorded plats in order to modify building envelopes in Block F to account for grading for the affordable housing units, and to make a minor POD amendment (2) to the PUD Guide to permit minimal grading outside the building envelopes for the affordable housing units in Block F, and (3) to increase the permitted height of the lift tower from 40 feet to 50 feet. Address Applicable Sections of the Land Use Code & Ordinance 24, Series of 1999 Land Use Code Chapter 26.304, Common Development Review Procedures. Section 26.480.060(A)(3)and(B),Final Plat requirements. Ordinance 24, Series of 1999 This ordinance established review criteria to evaluate minor PUD amendments and minor plat amendments for the Moore Family PUD. These criteria must be addressed in the application. Section 4 . The Community Development Director is hereby authorized to approve minor PUD amendments to the Moore Family PUD which are intended to change an element or condition of the development permit; provided, however, that the proposed amendments are consistent with the following standards: a. The amendment must be a clarification or a technical correction to a plat. b. The amendment must not change the use of the proposed development between residential,commercial and tourist accommodation uses. c. The amendment must be consistent with action taken during the review of the original development activity. d. The proposed activity does not: JAN-11-2000 TUE 05:21 PM FAX NO. P. 02 >c b r 1t7 i. Change the basic character of the approved use of land on which the activity occurs including basic visual appearance and method of operation; ii. Increase off-site impacts in the surrounding neighborhood; iii. Endanger public health, safety or welfare; iv, Substantially increase the need for on-site parking or utilities, or affect affordable housing generation; and, v. Increase the floor area of the use by more than two (2)percent or decrease open space on the site by more than three (3)percent. Section 5. The Community Development Director is hereby authorized to approve minor plat amendments to the Moore Family PUD; provided,however, that the proposed amendments are consistent with the following standards: a. The amendment increases or does not affect the degree of compliance with land use code standards; b. The amendment is being made to a recorded plat which has been approved by the City;and c. The amendment is consistent with representations made to Pitkin County during the conceptual and detailed subdivision reviews whichever is applicable. Review by: Community Development Department. Public Hearing: No. Referral Agencies: None. Planning Fees: Planning Deposit($480) Referral Agency Fees: None. Total Deposit: $480(additional planner hours beyond the 2.5 covered by the deposit shall be billed at a rate of$l95/hour). To apply, submit the following information: The application will be considered incomplete and returned to the applicant unless ALL of the following information is submitted in full. 1. Proof of ownership 2. Signed lee agreement 3. 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. 4. 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. 5. Total deposit for review of the application 6. 3 Copies of the complete application packet and maps. HPC= 12; PZ= 10; GMC= PZ+5; CC=7; Referral Agencies= 1/ea.; Planning Staff-2 7. An 8 ''A"by 11"vicinity map locating the parcel within the City of Aspen. JAN-11-2000 TUE 05:22 PM FAX NO. P. 03 F_xl-„ 6 . r (0 8. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. 9. A written description of the proposal and an explanation in written, graphic, or model form describing how the proposed development complies with each of the review standards relevant to the development application. Please include and clearly indicate existing conditions as well as proposed. 10. Copies of prior approvals, including but not limited to existing plats. 11. Copies of proposed plats. 12.All other materials required pursuant to the submittal requirements packets. In the event that you should have any questions regarding the foregoing, please do not hesitate to contact Nick Lelack of the Community Development Department at 920-5095. A The foregoing summary is advisory only and is not binding on the City. The opinions contained herein are based on current zoning and regulations, which are subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not,in any way, create a legal or vested right. • • • JAN-II-2000 TUE 05:22 PM FAX NO P, 04 LAND USE APPLICATION PROJECT: Name: Hoot Pv1) Location: re PO 0 (Indicate skeet address, lot& block number, legal description where appropriate) APPLICANT: Name: —a- LL- C_ — MµT-r c -rofcPS Address: h o c 1 S en Cv Phone#: Cfl ; - REPRESENTATIVE: Name: 6(c no Horn • Address: -L I S S _ I'1 un a n h S---- , -r-- I u y Phone#: /->< C o gI6, it ciZ S=6SIc7 TYPE OF APPLICATION: (please check all that apply): C Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review 0 Final PUD(&PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA 0 Minor Historic Devt. n GMQS Allotment ❑ Final SPA (&SPA Amendment) ❑ Historic Demolition n GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA- 8040 Greenline, Stream [] Subdivision Exemption(includes ❑ Small Lodge Conversion/ Margin,Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use Other. ❑ Lot Line Adjustment ❑ Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals,etc.) Sc (- PROPOSAL: (description of proposed buildings,uses,modifications,etc.) Have you attached the following? FEES DuE: S `� ° ❑ Pre-Application Conference Summary yT s IJ Attachment#1,Signed Pee Agreement `(�S ❑ Response to Attachment#2,Dimensional Requirements Form n o ❑ Response to Attachment#3,Minimum Submission Contents ❑ Response to Attachment#4, Specific Submission Consents I `('e 5 • ❑ Response to Attachment#5,Review Standards for Your Application 1 ey Cx In. b. T t-Z Er •. Od Snores* NA i of mob. \, / ISe, So.,m.. WHITE NMI, NATIONAL FOREST ► _ _ URN ck C.finky. WES= Ranch Or iloly li • SAAR ey.N. FINN �) fir . o~aw Beginning at the N being relative to 0 _� � � � the northeast come L+� Ri0--1 centerline; thence ; ■•••iii ,� I north line of a par r the Pitkin County n y1e wHV. aktii the following six (6 14 I WHITE NNEN NATIONAL FOREST ��� 1) S 73'5:S 33-k Site �I _ 4 2) S 1972; 4) S J5•5; 5) S 19'3( 6) N 73'5: south centerline of centerline S 00'15: the SW1/4NE7/4 0 feet to the southwe Vicinity Map line of said N1/25i the east line of so. /Y 7:3: Section 14, N 001. Section 14, thence N 00'0343'E. 132 of said Section 14; Section 14, S 89'5, SE1/4N£7/4 Scotia of Section 14, N 0, corner of said NW1 southeast corner of SURVEYOR'S CERPF7CATE east line of said W feet to o point on /, STEPHEN L. EHLERS, A DULY REGISTERED PROFESSIONAL Road; thence along LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THIS thence S 88•02'11" PLAT OF '7HE MOORE FAMILY PUD, A PLANNED COMMUNITY' TRULY AND way S 01'57•'49'E CORRECTLY REPRESENTS THE RESUL15 OF A SURVEY MADE UNDER MY DIRECT feet; thence 136.0 RESPONSIBILITY, SUPERVISION AND CHECKING, WHICH SURVEY WAS PREPARED having a radius of IN ACCORDANCE $17H AR77CLE 51 OF 7771£ 38 OF THE REVISED subtending a chord STATUTES AND THAT 7H/S PLAT CONTAINS ALL ME ECU/RED N 842200"E 310 BY COLORADO REVISED STATUTES 38-333-209 Wass non—tangent to the // (� c �" angle of 13'01'00" DAM 3 Au'c sT /99 J i _ 21.54 feet thence COLO I*IS AV PROFESSIONAL the left having a r LAND SUR1terlf NO. 20133 38'4823", and subs e.^ feet thence S JO'3 °Zp` g „ 43.00 feet; thence 411j)1po°✓ the left, having a in 19'1957' and subt feet; thence S 11'1. 381.08 feet; thence S 00'0608'E 968.. TITLE EXAMINER'S CER77F�LCCATE thence 401.36 feet L Mitzi u K , AXT I+EL_. V1 , AS 'Rfi t A14N44Fr2 OF LAND 7771E left, having o rod/u: subtending a chord GUARANTEE COMPANY, INC. DO HEREBY CER77FY 7714T I HAVE CAUSE, 'Ai EXAM/NAPON TO BE MADE OF THE PROPERTY AND BASE() ON THAT 'g st C Davis Horn- March 14 , 2000 PLANNING & REAL ESTATE CONSULTING Nick Lelack City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Moore Family Planned Unit Development: Plat and Planned Unit Development Amendment Dear Nick: Davis Horn Incorporated represents the Zoom Flume LLC ( "applicant" ) in this land use application. As you know, Zoom Flume LLC, is the successor in title to the James E . Moore Family Partnership . Zoom Flume LLC, is the ( "developer" ) of the Moore Family PUD. This land use application seeks the following land use approvals . 1 . Setback Change - The applicant requests approval for a minor Plat Amendment to the Moore Family PUD Plat to adjust setbacks for two affordable housing unit lots located in Block F (Lots 8e and 9e) . Exhibit 1 depicts the Moore Family PUD Final Plat sheet 7 of 9 . The final Plat shows Lots 8e and 9e have 20 foot rear and front yard setbacks . Exhibit 2 , the Moore Family PUD second amended Plat, shows 12 foot front and rear yard setbacks for these lots . This represents setback reductions of eight feet for the front and rear yards . 2 . Height Change - The applicant requests a minor amendment to the Moore Planned Unit Development Guide (PUD Guide) to allow taller lift towers for the Moore PUD High School Ski Lift is requested. Article VII of the Moore Planned Unit Development Guide limits lift towers to a height of 40 feet (see Exhibit 3 ) . Exhibit 4 is a preliminary plan profile of the High School Lift . The bottom seven towers are located within the Moore PUD. The preliminary plan profile indicates the highest tower tube will be 45 . 93 feet tall . The applicant requests the PUD Guide be amended to permit a maximum lift tower height of 50 feet . This will allow some flexibility between preliminary and final lift design. 3 . Grading & Drainage - The applicant requests approval of a revised Grading and Drainage Plan for Moore PUD, Block F . Exhibit 5 is a copy of the approved Moore PUD Grading and Drainage Plan ( "Revised Detailed Submission) . The Plan does not show any grading outside of the Block F building envelopes . Exhibit 6 depicts the proposed grading plan for this area. ALICE DAVIS,AICP ( GLENN HORN,AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5180 — I Q GRAI 1 N e Ie. GENERAL NOTES: • I E.SFSDW unun x,OMSTT x n PER AREAS ERR/DATA i wrzB A]-I-wv n xwwrR cmroox.u[.m Art_ 3 L En51ML PAR MGANIRM:9NAx Dx ORATOR DAY xO , \ ID ACT EW MOUE wrpewnoTI CUPREMLY N nuu W[ ID r1FIMMMA(OPERATIONS CURRENTLY w PROGRESS �� Ewn.0 D cowmen,.s .CDHTrn Darn MM NI,my r- T, main om..E>Axao BEFORE Am.l,,.a We R �•� wE5 r� IT I L et":wAxn[S CWW43S"OR MIN[WNx Np __ - A / 10 5 bIPOC NNE TOSI N9 YPC.CB MPPPS BOW.IIFRG \ 10 MS SPECRTATATS uwWl FOP S R M9 PMVIIrCO nv' 1 wAxc R'wrt0 AT wrz R PAWS.12/15/w 01 COMPLETED 10 ROM SUS GRADE CIEVAMN TESTflR SLOPE _ _ NRRRS ID ITIOL wVY CpTMF0OM MD MOM C DEPTH.REDO N DANC Or SKIDEAREAT - — CRAW.01 TRO I SON —--- L/PARR MAL DJu L50 R CWx4S ROT'.ERR RORHES STALL SE worn•UOMn R 2%M P2 —= _ DwcOSM sHDAA. - \ I mono,4V0 WRCN EATNC EWER DIWAMN -_ 'A� ' \ COURT DAAERM SC0M R PRIED TAM r R CLASS CA \ _ A V.R MMRO COMPACTED 10 A NNMCM 92%R EAOMnO -_ _�PI / I" P ORPLANO O'R CUSS S ABC.COMPACT-Et TO Ti STANDARD floci-OP ___ _ _ 6 EFT-D172 60 NM RS FMK,ROTOR M'ARON R �.. -.-a P LI VAR MCA FOR MRS I THROW.5.MS EMRNCE TO THE _G - - SARK. MU AT MhTAY TS 5 ROLOM nA5 E}NAIpN. • - —iv L L ruMATRN CRAM TO RIM 10 DAYLIGHT AT- TX E GRAM AT L.GMN SHOWS RR STPUCTTM RNS FOP DM" Y- - -/ •••*" 1 DIRK Mom SOLOING FWNwTMT' (--. - - _ _ UD CONTRACTOR SNYL RENEE SINS REPORT ST rn TNpp4M - 7,- _1. AND P0urn SCOSOMxiAlors Lwrt Nm IN AVERT ore' - t.---- A1rzNPOx STALL Pt PAD 10 aIw .E..rwu SOit NO. 1 - I S 11 Y l - PTO TREE W MELD . GRADING DESIGN PRINCIPLES Riau - A 9.14 ,J) 4 I GRADING IS KEPT T16HT TO t40.OM65 M ORLFR �_ _ 1 . - 1 TO PRESERVE THE PATTOMUM L.F EXISTING ASPEN � - — - f� , TREE AND UNpERaTO tV VEGETATION AI, . \V 1 2 *RACING TILL BE P540H0REO FRGS TREE TO TREE —� -- . • � ' •50 THAT TREES PILL NAVE MRKA EY(TRW TOPOGRAPHIC - _ !GRADES , 3_ a GRADES MS YLLL 6ES 1QIL'D ANC vOLLEp LATHE FIELD FROM SITE TO SITE. tiL s. THE GRACING ALL OCCUR INLLBL TK OBSERVATION SE CF THE PROJECT LANpLAPE MEPTEcr. VAIREUm __:—__-_ ET _ spy . 44(•,--- P 6TALk-T:q V R ( N A - -"` `–q(CN•IT DEEP M SDE RADIMG \ ^- REE IN FIELD N, _ -FEATHER 6RADM6 TREE TO TREE^IH FIELD `--∎- -QT\ \ �� VV TAR J L" ._____ -_ PROPOSED FINISHED RuDP RETURN M Lour w _7:- AI 0T PROPOSED 50 14 GRADE SP-DI PROPOSED STORM MANAGE FRE AND NUHDw _J_ ___ `\ V M PORT P PROPOSED PWPoSRDL ' - �' Q PROPOSED DRAINAGE ROW 0RECnON 1 TT r - S �� __ PROPOSED TOMIw R DNCH -- -- A _i vPGPoSED EDP M DAMN I—\L • PROPOSED STDOV Do"wsN `- •M___ _ J — 950555 MORO CR5AE ELa*TON• R ____ 09 PROPOSED FOOCAPON vRIN _ = t,,,,,,, o• ,,,,L R _ r _ EMIRS C _ 009 Ex15TML CNOUMO LRAM LET RVAnON H 0 V9nO TOOLPA9UL ELEVATED 55 o ETIS1io;PRAM'"PRP CLGHOVI i WS _ 0 EXSPNG WATER SERATR C'AB STOP Q EY151555 RECMC4 TOPIC,SLAB E ® ER5nVC NATURAL w5 SLAB '? REVISED GRADING PLAN 3-3-00 En Revised Jo°No. 932050-05 • il Pi 'g m— cRN.N h JIN G Grading & Drainage EM,. 07-27-00 6ERA Plan, Block F x. k. __Q. OF 2 A a +C) scot_ RESOLUTION NO. (SERIES OF 2000) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING OF THE MOORE FAMILY PLANNED UNIT DEVELOPMENT MINOR AMENDMENT AND FINAL PLAT MINOR AMENDMENT, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS,the Community Development Department received an application Zoom Flume LLC, represented by Glenn Horn of Davis Horn, Inc., for Planned Unit Development (PUD) and Final Plat minor amendments to reduce the front and rear yard setbacks for Lots 8e and 9e, Block F, from 20 .get to 12 feet, increase the height of the lift towers from the Moore PUD High_School Ski Lift from 40 feet to 50 feet, and revise the Grading and Drainage Plan for Block F; and, WHEREAS, Ordinance No. 24, Series of 1991, approved the Moore Family PUD, and established a procedure and standards for minor PUD and Plat amendments to the Moore Family PUD; and, WHEREAS, pursuant to Section 26.445 of the Land Use Code, the Planning and Zoning Commission may approve minor Planned Unit Development and Plat amendments during a duly noticed public hearing after considering a recommendation from the Community Development Director and considering comments from the general public: and, WHEREAS, the Community Development Department reviewed the Project and recommended approval with conditions; and, WHEREAS,the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation from the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on March 21, 2000, the Planning and Zoning Commission approved, by a_to L-D vote, approved minor amendments to the Moore Family PUD and Final Plat; and, WHEREAS,the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: IA0 je� okSt{ Pursuant to the procedures and standards set forth in Title 26 of the Aspen?IA Municipal Code, the "'ty'I Moore Family Planned Unit Development and Final Plat minor amendment is approved /� subject to the conditions of approval described hereinafter. `tyLc�., Conditions of Approval: /J 1. The Moore Family PUD Guide amendments shall be recorded within 180 days of the final approval by the Planning and Zoning Commission. Moore Family PUD Amendment 7 Planning and Zoning Commission, :March21, 2000 2. The Moore Family PUD Plat shall be recorded within 180 days of the final approval granted by City Council and shall include: a. A final plat meeting the requirements of the City Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements and parking spaces within City rights-of-way , location of utility pedestals, and a note stating that a witness corner will be installed on the north east corner of the property after completion of construction. b. An illustrative site plan of the project showing the proposed impro-ements, 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 2-year storm frequency should be used in designing any drainage improvements. 3. The PUD Agreement and the Final PUD Plans shall be recorded prior to an application for a building permit may be accepted by the Building Department. 4. The building permit application shall include: a. A copy of the final Ordinance and recorded P&Z Resolution. b. The conditions of approval,for both the lodge expansioeard the Minor PUD, printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off-site replacement or mitigation of removed trees. f. A completed agreement to join any future improvement districts formed for the purpose of constructing improvements in adjacent public rights-of-way. 5. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. b. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. 6. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. 7. Before issuance of a building permit, the applicant shall record the Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Moore Family PUD Amendment 8 Planning and Zoning Commission, March 21, 2000 Building. There is a per page recordation fee. In the alternative,the applicant may pay this fee to the City Clerk who will record the resolution. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the 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 3: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Commission at its regular meeting on March 21, 2000. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Robert Blaich, Chair ATTEST: Jackie Lothian, Deputy City Clerk Moore Family PUD Amendment 9 Planning and Zoning Commission, March 2/, 2000 3/21 ivt2 mooye, L AyAtto4 ACTION: Amendment of PUD Development der Required for: Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. The amendment must be a clarification or a technical correction of a plat. The amendment must not change the use of the proposed development between residential, commercial and tourist accommodation uses. The amendment must be consistent with action taken during the review of the original development acitivity. The proposed activity does not: Change the basic character of the approved use of land on which the activity occurs including basic visual appearance and method of operation; Increase off-site impacts in the surrounding neighborhood. Endanger the public health, safety or welfare; Substantially increase the need for on-site parking or utilities, or affect affordable housing mitigation,and Increase the floor area of the use by more than two percent or decrease open space on the site by more than three percent. Davis Horne• January 20, 2000PLANNING & REAL ESTATE CONSULTING Nick Lelack City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Moore Family Planned Unit Development: Plat and Planned Unit Development Amendment Dear Nick: Davis Horn Incorporated represents the Zoom Flume LLC ("applicant") in this land use application. As you know, Zoom Flume LLC, is the successor in title to the James E. Moore Family Partnership. Zoom Flume LLC, is the ("developer") of the Moore Family PUD. This land use application seeks the following land use approvals. 1. Setback Change - The applicant requests approval for a minor Plat Amendment to the Moore Family PUD Plat to adjust setbacks for two affordable housing unit lots located in Block F (Lots 8e and 9e) . Exhibit 1 depicts the Moore Family PUD Final Plat sheet 7 of 9 . The final Plat shows Lots 8e and 9e have 20 foot rear and front yard setbacks. Exhibit 2 , the Moore Family PUD second amended Plat, shows 12 foot front and rear yard setbacks for these lots. This represents setback reductions of eight feet for the front and rear yards. 2 . Height Change - The applicant requests a minor amendment to the Moore Planned Unit Development Guide (PUD Guide) to allow taller lift towers for the Moore PUD High School Ski Lift is requested. Article VII of the Moore Planned Unit Development Guide limits lift towers to a height of 40 feet (see Exhibit 3) . Exhibit 4 is a preliminary plan profile of the High School Lift. The bottom seven towers are located within the Moore PUD. The preliminary plan profile indicates the highest tower tube will be 45. 93 feet tall . The applicant requests the PUD Guide be amended to permit a maximum lift tower height of 50 feet. This will allow some flexibility between preliminary and final lift design. 3 . Grading & Drainage - The applicant requests approval of a revised Grading and Drainage Plan for Moore PUD, Block F. Exhibit 5 is a copy of the approved Moore PUD Grading and Drainage Plan ("Revised Detailed Submission) . The Plan does not show any grading outside of the Block F building envelopes. Exhibit 6 depicts the proposed grading plan for this area. ALICE DAVIS. AICP S GLENN HORN, AICP 215 SOUTH MONARCH ST. • SUITE 104 ASPEN. COLORADO 81611 • 970/925-658; FAX: 970/925-5180 Nick Lelack January 21, 2000 Page 2 On January 4, we submitted a letter to Cindy Christiansen requesting a minor modification to the Master Deed Restriction Agreement for the Occupancy and Resale of the Moore Family Project (hereinafter "Agreement") . Cindy has suggested the request may require action by the Community Development Department and/or the City Council. Our January 4, letter request is included in this land use application by reference. The letter appears as Exhibit 7 . LAND USE APPROVALS On June 28 , 1999 the City of Aspen approved Ordinance No. 24 Series of 1991 which established a procedure and standards for minor PUD amendments to the Moore Family PUD (see Exhibit 7, Attachment 2) . Section 4 of the ordinance states the procedure is intended to address changes to "elements or conditions of the development permit. " This section of the application demonstrates compliance with the standards. The standards appear in bold followed by the applicant's response. Standard a. The amendment must be a clarification or a technical correction to the plat. Setback Response - It was determined after the construction of the Moore PUD road system that setback modifications were needed for Block F, Lots 8e and 9e. Height Change Response The proposed tower height is not a plat issue. Tower height is addressed in the Moore PUD Guide (see Exhibit 3) . Grading and Drainage Response Grading and drainage is not a plat issue. The County approved a revised Grading and Drainage Plan in June (Exhibit 5) . The revised Grading and Drainage Plan approved modifications to grading and drainage adjacent to the affordable housing in Block C. After completion of the Moore PUD road system it became clear that there needs to be additional grading for the buildings proposed for Block F. Nick Lelack January 21, 2000 Page 3 Standard b. The amendment must not change the use of the proposed development between residential, commercial and tourist accommodations uses. Setback, Height, Grading and Drainage Responses Changes in uses are not proposed. Standard c. The amendment must be consistent with action taken during the review of the original development and does not constitute new land development activity. Setback, Height, Grading and Drainage Responses The level of development activity will be identical to the activity approved in the Moore PUD land use review. There proposal will not result in new land development activity. Standard d.i. The proposed activity does not change the basic character of the approved use land on which the activity occurs including the basic visual appearance and method of operation. Setback, Height, Grading and Drainage Responses The proposed amendment does not affect the basic character of the approved use of land. Standard d.ii. The proposed activity does not increase off-site impacts in the surrounding neighborhood. Setback, Height, Grading and Drainage Responses The proposed minor amendments will not result in an increase in off-site impacts on the surrounding neighborhood. Standard d.iii. The proposed activity does not endanger public health, safety or welfare. Setback, Height, Grading and Drainage Responses Nick Lelack January 21, 2000 Page 4 The proposed amendment does not affect public health, safety or welfare. Standard d.iv. The proposed activity does not substantially increase the need for on-site parking or utilities, or affect affordable housing generation. Setback, Height, Grading and Drainage Responses The minor amendment does not affect on-site parking, utilities or affordable housing generation. Standard d.v. The proposed activity does not increase the floor area of the use by more than two (2) percent or decrease open space on the site by more than three (3) percent. Setback, Height, Grading and Drainage Responses Open space and floor area are not affected by the proposed amendment. SUMMARY - The applicant is seeking minor amendments to the Moore PUD to address technical issues which have come up during the construction process. The proposed amendment complies with the minor PUD amendment standards established in City or Aspen Ordinance NO. 24 series of 1999. The applicant is submitting $ 480.00 with this application as indicated on the pre-applicaiton summary sheet. The following Exhibits are attached to this letter for your information. Exhibit 1: Moore PUD Final Plat sheet 7 of 9. Exhibit 2 : Moore Family PUD second amended Plat. Exhibit 3: Article VII of the Moore Planned Unit Development Guide Exhibit 4 : High School Lift: Preliminary Plan Profile Exhibit 5: Moore PUD Revised Detailed Submission Grading and Drainage Plan Sheet GD 4 Nick Lelack January 21, 2000 Page 5 Exhibit 6: Moore PUD Proposed Grading Plan Block F Exhibit 7 : January 4 , 2000 letter to Cindy Christiansen Exhibit 8: Letter from Zoom Flume LLC authorizing Davis Horn Incorporated to submit a land use application to the City of Aspen and represent them in the land use approval process Exhibit 9: Fee Agreement Exhibit 10: City of Aspen Pre-Application Summary Sheet Exhibit 11: Land Use Application Form Exhibit 12 : Vicinity Map Please contact me at 925-6587 if I can provide any additional information and or materials. Thank you for your assistance. Sincerely, D4 • S HORN INCORPORATED GLE ' HORN AICP Moore ATTACHMENT MASTER DEED RESTRICTION AGREEMENT FOR THE OCCUPANCY AND RESALE OF THE MOORE FAMILY PROJECT THIS MASTER DEED RESTRICTION AGREEMENT FOR THE OCCUPANCY AND RESALE OF (PROJECT) (the "Agreement") is made and entered into this 10th day of August, 1998, by the James E. Moore Family Partnership, LLLP, a Colorado limited liability limited partnership (hereinafter referred to as "Declarant"), for the benefit of the parties and enforceable by the ASPEN/PITKIN COUNTY HOUSING AUTHORITY (hereinafter referred to as "APCHA"), a duly constituted multi-jurisdictional Housing Authority established pursuant to the AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT by and between the City of Aspen, Colorado (the "City") and Pitkin County, Colorado (the "County"), dated September 26, 1989 and recorded in Book 605 at Page 751 of the records of the Pitkin County Clerk and Recorder's Office. WITNESSETH: WHEREAS, Declarant owns the real property described in Exhibit "A" attached hereto and incorporated herein. For purposes of this Agreement, the real property and all dwellings, appurtenances, improvements and fixtures associated therewith shall hereinafter be referred to as the"Property"; and WHEREAS, as a condition of the approval granted by the Board of County Commissioners of Pitkin County, Colorado, Resolution Numbers 95-30 and 98-57, for subdivision approval of the Property, the Declarant is required to enter into this Agreement; and WHEREAS; Declarant agrees to restrict the acquisition or transfer of the Property to "Qualified Buyers,"as that term is defined in this Agreement, who fall within the Categories as stated in "Exhibit B", and as stated in each individual Memorandum of Acceptance, established and adopted by the APCHA from time to time in it's Affordable Housing Guidelines. In addition, the Declarant agrees that this Agreement shall - constitute an initial sales price based on the Aspen/Pitkln County 1998 Affordable Housing Guidelines and the terms and provisions controlling the resale of the Property. Finally, by this Agreement, Declarant restricts the Property against use and occupancy inconsistent with this Agreement; and WHEREAS, there are a total of 31 units. Of these 31 units, two Category 3 three-bedroom units, one Category 4 four-bedroom unit to be allocated to qualifying employees of the Aspen Valley District; two Resident Occupied four-bedroom units, two Category 4 three-bedroom units, and four Category 3 three-bedroom units to be allocated to the Aspen School District; and two Category 3 three-bedroom units to be_allocated_to th_e Moore Family; the 18 remaining units will consist of one Category 4 four-bedroom unit, seven Categorykthree bedroomitnits..and ten Category_lthree-bedroom units_The remaining 18 units will be.sold_in a lottery system through the APCHA; and WHEREAS, "Qualified Buyers" are natural persons meeting the income, residency and all other qualifications set forth in the Aspen/Pitkin County Housing Authority Affordable Housing Guidelines (hereinafter "the Affordable Housing Guidelines"), or its substitute, as adopted by the APCHA, or its successor, except as otherwise provided in Exhibit "B", and in effect at the time of the closing of the sale to the Qualified Buyer, and who must represent and agree pursuant to this Agreement to occupy the Property as their sole place of residence, not to engage in any business activity on the Property, other than that permitted in that zone district or by applicable ordinance, and not to sell or otherwise transfer the Property for use in a trade or business. 11111 11111 111111111111 HI III 1111111 III 11111 111111 420489 08/11/1998 10:088 DEED RES DAVIS SILVI 1 of 14 R 71 AA n A AA Al a AA nrrvru nnnur.. .... WHEREAS, an "Owner is d per_c:. _:lure a Qualified Buyer who acquires an ownership interest in the Property in complies:. w.,. r. ur-n_, and provisions of this Agreement it being understood that such person or persons srw', c an —3.41n4te hereunder only during the period of his, her or their ownership interest in the Prcpu .: cric _n.a u :c!__ated hereunder for the full and complete performance and observance of all coven;_ :_ rz s cleans contained herein during such period. WHEREAS, a 'Unit" Is any of the urge :=re on Los 2do through 31e, Block k Lots 17e through 24e, Block C, Lots 10ethrough 16e, Block E.; art 'l.c:_ Ia tv. cn,n 9e, Block F which comprise the property, and which each until will be stipulated in a seoa t:`.cr..;.=nnM of Acceptance. NOW, THEREFORE, for value reacivac eCnipt and sufficiency of which is hereby acknowledged, Declarant hereby represent:. ccyc:.cn -'reel as follows (the units set aside for the Aspen School District and Aspen Valley Kc c o':L o yr the same restrictions, but these entities will have right of first refusal to resell one of teeso ieets Le an ErnItOyEtEi of their choice as long as Income and asset guidelines are met, end occupancy res c 1. The use and occupancy of the Proper; sr al hancsfort ne limited exclusively to housing for natural persons who meet the definition of OUE:f1e Luyrrs ar tner families. 2. An Owner, In connection with the oil.tnose c' 'ta Property or Unit, must_ a)occupy any Unit within • this Property as his or her sale pizes :: rttr::nc_ a.:rnd the time that such unit is owned; b) not engage in any business activity on c. In =':e Una, other Man permitted in that zone district or by applicable ordinance; c) sell or chese se se sum' Unit only in accordance with this Agreement and the Affordable Housing Guidel:ruc, c) nci .ill; cr clnerwise transfer such Unit for use in a trade or business; e) not permit any use c oc^c c! such Unit except in cornpllance with this Agreement; and f)continue to be efr:.cIco ii LI;:::.__:: s me applicable APCHA Guidelines. 3. Breach of Agreement: a. It shall be a breach of this Acreemc,r,t fcr C tier to default in payments or other obligations due or to be performed e r_a: e l ma:gory note secued by a first deed of trust encumbering the Proper/ ..V !_.: D:.-a must notify the APCHA, In writing, of any notification received from a .enter, tS assigns, of past due payments or default in payment or other ebllgatore: c: to re r- -w_d under a promissory note secured by a first deed of trust, as des. . e , y e calendar days of Owner's notification from lender,or its assigns, of osto c: cur payments. b. Upon notification from Crane:. as nrcndcc -alcove, or other notice of such default, the APCHA may offer loan =dose's„s cm nisvCssac can services to the Owner, If any of these services are available, era encLo.: rewire he Owner to sell the Property or a Unit to avoid the commencement ce any rare.,:ccurs oreceeding against the Property or a Unit_ In the event that the APCI II'. °exrmuter ;ale of the Property or a Unit is necessary, Owner shall immediately exEcae 3 :' n.carc Listing Contract on forms approved by the Colorado Real Estate COrrrLas.c.7 w+:7; int. ;-FCHA, providing for a 30-day listing period. At that time, the Owner shat _o:: t nu t•_=CHA an amount equal to one percent(1%) of the estimated value of the Um.'. a caul crooact has not been executed within the Initial 30-day period, Owner sna° e:'enc :h-: irc, perod for an additional 180 days, provided such extension does not cans vw,r, sr: „a:utory rights of any secured creditors, The APCHA shall prompty awe^r:r: '.n:, HH-.uer:y tar sale by competitive bid to Qualified Buyers. At the erne of dosing, fnc rCi.vra- r.:1L: :,12; to 'no,APCHA an additional one percent(1%), for a maximum fee at two the went of a listing of the Property pursuant to this Haa C.: bred Yea triction Page 2 1911 �r ['I[ 1111111 III 11111 IIII IIII 4234135 U0; :.':.ra L' :caE OED RES DRVIS SILVI 2 of C.00 PITXIN COUNTY CO Paragraph 3, the APCHA is entitled to require the Owner to accept the highest of any qualified bids which satisfies the Owner's financial or other obligations due under the promissory note secured by a first deed of trust and any deed of trust in favor of the APCHA, as described herein, and to sell the Property to such qualified bidder. c. Upon receipt of notice as provided in paragraphs 3a and b, the APCHA shall have the right, in it's sole discretion, to cure the default or any portion thereof. In such event, the Owner shall be personally liable to APCHA for past due payments made by the APCHA together with interest thereon at the rate specified in the promissory note secured by the first deed of trust, plus one percent (1%), and all actual expenses of the APCHA incurred in curing the default. The Owner shall be required by APCHA to execute a promissory note secured by deed of trust encumbering the Property in favor of the APCHA for the amounts expended by the APCHA as specified herein, including future advances made for such purposes. The Owner may cure the default and satisfy it's obligation to the APCHA under this subparagraph at any time prior to execution of a contract for sale, upon such reasonable terms as specified by the APCHA. Otherwise, Owner's indebtedness to the APCHA shall be satisfied from the Owner's proceeds at closing. ' 4. This Agreement shall constitute covenants running with the Property, as a burden thereon, for the benefit of, and shall be specifically enforceable by the APCHA, the City Council for the City (the "City Council"), the Board of County Commissioners for the County (the "County"), and their respective successors and assigns, as applicable, by any appropriate legal action including but not limited to specific performance, injunction, reversion, or eviction of non-complying owners and/or occupants. 5. In the event that an Owner desires to sell the Property or Unit, the Owner shall execute a standard Listing Contract on forms approved by the Colorado Real Estate Commission with the APCHA providing for a 180-day listing period, or such other time period as required by the APCHA Affordable Housing Guidelines in effect at time of listing. At that time, the Owner shall deposit with the APCHA an amount equal to one percent (1%) of the estimated value of the Unit. The APCHA shall promptly advertise the Property or Unit for sate by competitive bid to Qualified Buyers. At the time of closing, the Owner shall pay to APCHA an additional one percent (1%), for a maximum fee of two percent (2%). If FNMA type financing is used, there may be a fee charged by the APCHA based on the amount financed. The amount of this fee, which is to be paid by the subsequent Owner, shall be as set forth in the current Affordable Housing Guidelines and will be distributed to the APCHA Mortgage Fund Account. MAXIMUM RESALE PRICE 6. In no event shall the Property or a Unit be sold for an amount("Maximum Resale Price") in excess of the lesser of: a. $11_, plus an increase of three percent(3%) of such price per year from the date of purchase to the date of Owner's notice of intent to sell (prorated at the rate of .25 percent for each whole month for any part of a year); or b. an amount (based upon the Consumer Price Index, All Items, US City Average, Urban Wage Eamers and Clerical Workers (Revised), published by the US Department of Labor, Bureau of Labor Statistics) calculated as follows: the Owner's purchase price divided by the Consumer Price Index published at the time of Owner's purchase stated on the Settlement 'Owner's purchase pric._ recorded on a separate Memorandum of Acceptance for each individ.s.,_ unit. Master Deed Restriction Pale 7 1111111 11111 111111 111111 11111 III 1111111 III 11111 1111 II'I 420489 01R/11/199R 101,0180 nrrn Rrc novtc ST1 VT Statement, multiplied by lb' , .r r,::rrent at the date of intent to sell. In no event shall the multiplier be .r purposes of this Agreement, "date of intent to sell" shall be the co:.. fisting contract when required by this agreement, or if a listing ccitt:7iiiit iiecessary, the date shall be determined to be the date upon which a recu,rx• to sell is first applicable. NOTHING HEREIN SHALL BE COi: RULE, 7: ,oNSTITUTE A REPRESENTATION OR GUARANTEE BY THE APCHA OR Tri- RESALE THE OWNER SHALL OBTAIN THE MAXIMUM RESALE PRICE. 7. Determining Maximum Resale Prig: a. For the purpose of deters rcc_ : Resale Price in accordance with this Section, the Owner may add to the ;,.c Paraeraph 6 above, the cost of Permitted Capital Improvements (as cer.ree e _. :: _ 'n a total amount not to exceed $ ;_, which is ten percent (10%) of then:::c 1. .-ez-eHe price set forth in paragraph 6a above. In calculating such amount, only those c cr- Oaoital Improvements identified in Exhibit"C" hereto shall qualify for inc:us,cc. ;-:: .:.er =ermicted Capital Improvements installed or constructed over the life of ::ne in:: • __c - However, the allowance permitted by this subsection is a fixed amount, sr :,;,aced on a 'cumulative basis applicable to the owner and all subsequent yus-awns. 7cat1 not exceed the maximum dollar amount set forth in this subsection ?a. b. Permitted Capital Improvements e-s.' -c: _ .. _e any changes or additions to the Property made by the Owner during cccs::_::c:r a: -ter ea er. except in accordance with Paragraph 7a above. Permitted Capita. !7.7.7.1..-Hr- 77._ c c l not be included in the APCHA's. listed purchase price, even if macs cr 'eur 77 et7e:nal construction. c. In order to qualify as Pee- ::tee _ .._,:ements, the Owner must furnish to the APCHA the following inferma:cr me Improvements which the Owner seeks to include in the calculation c` .1n,r c-; F±777!::_: 1) Original or duplicate an:::_... ._ me actual costs expended by the Owner for • the Permitted Capita! 'm=. 2) Owner's affidavit venfrnc -a: 777f ::cc:::: are valid and correct receipts tendered at the time of purchase: rc 3) True and correct ccp,ec: 7.H. ;ercn;t or certificate of occupancy required to be issued by the =.c e:.: - _ Puilding Department with respect to the Permitted Capital !mgr.-, —rcc d. For the purpose of determnem: _eea!e Price in accordance with this Section, the Owner may also add to to . . _ : In Paragraphs 6 and 7a, the cost of any permanent improvements c:cnac:t.c:uc as a result of any requirement imposed by any govemmental agency, ;;r certification is provided to the APCHA of both the applicable require:%.',: art required by Paragraph 7c, 1)- 3). '10'1 c... -__L �a!±: pacer aun n, ncceprac_- for earn onrr. III 1:- : :1; 11111111 1111111111E1 42048_ r DEED RES DAVIS SILVI • e. In calculating the costs unde. Paragraphs 7a and 7d, sweat equity shall be added under the following conditions: 1) Information regarding the actual physical labor by the owner based on 80% of the average amount of TWO bids for the work approved by the Housing Office. 2) That the work needs to be done under supervision of a qualified certified tradesperson for the work that was done by the owner. 8. All disputes between the Owner and the administrative staff of the APCHA shall be heard in accordance with the grievance procedures set forth in the Affordable Housing Guidelines. 9. Owner shall not permit any prospective buyer to assume any or all of the Owner's customary closing costs nor accept any other consideration which would cause an increase in the purchase price above the bid price so as to induce the Owner to sell to such prospective buyer. 10. In the event that one qualified bid is received equal to the Maximum Resale Price herein established, the Property shall be sold to such bidder at the Maximum Resale Price; and in the event Owner receives two or more such bids equal to the Maximum Resale Price, the Qualified Buyer shall be selected according to the priority for Sale Units set forth in the Affordable Housing Guidelines; and, in the event that more than one such qualified bidder is of equal priority pursuant to the Affordable Housing Guidelines, the Qualified Buyer shall be selected by lottery among the qualified bidders of the highest priority, whereupon the Property or Unit shall be sold to the winner of such lottery at the Maximum Resale Price. If the terms of the proposed purchase contract, other than price, as initially presented to the owner, are unacceptable to the Owner, there shall be a mandatory negotiation period of three (3) business days to allow the Seller and potential buyer to reach an agreement regarding said terms, including but not limited to, the closing date and financing contingencies. If, after the negotiation period is over, the Seller and buyer have not reached an agreement, the next bidder's offer will then be presented to the Seller for consideration and a three (3) business day negotiating period will begin again. The seller may reject any and all bids, however, the Owner is subject to the provisions in the Affordable Housing Guidelines pertaining to the listing fee. Bids in excess of the Maximum Resale Price shall be rejected. If all bids are below Maximum Resale Price, Owner may accept the highest qualified bid. If all bids are below Maximum Resale Price and two or more bids are for the same price, the Qualified Buyer shall be selected by lottery from among the highest qualified bidders. • • 11. In the event that title to the Property or a Unit vests by descent in individuals and/or entities who are not Qualified Buyers as that term is defined herein (hereinafter "Non-Qualified Transferee(s)"), the Property or Unit shall immediately be listed for sale as provided in Paragraph 5 above (including the 'payment of the specified fee to the APCHA), and the highest bid by a Qualified Buyer, for not less than ninety-five percent (95%) of the Maximum Resale Price or the appraised market value, whichever is less, shall be accepted; if all bids are below ninety-five percent (95%) of the Maximum Resale Price or the appraised market value, the Property or Unit shall continue to be listed for sale until a bid in accordance with this section is made, which bid must be accepted. The cost of the appraisal shall be paid by the Non-Qualified Transferee(s). a. Non-Qualified Transferee(s) shall join in any sale, conveyance or transfer of the Property or Unit to a Qualified Buyer and shall execute any and all documents necessary to do so; and b. Non-Qualified Transferee(s) agree not to: 1) occupy the Property or said Unit; 2) rent all or any part of the Property or Unit, except in strict complian ,e with Paragraph 15 hereof; 3) engage in any other business activity on or in the Property or Unit; 4) sell or otherwise Master Deed Restriction 1 Page 5 I111111 11111 111111111111 "III III 1111111 III 11111 EMIR 4271489 018/11/1998 12•NBO nrrn PPS ncvtc CTI vT transfer the Property or Unc , : m _.o :nth this Agreement and the Affordable Housing Guidelines; or ace!; the Property or Unit for use in a trade or business. c. The APCHA, the City, the Coon-; ::tine successors, as applicable, shall have the right and option to purcnss, r-nnor. • r Unit, exercisable within a period of fifteen (15) calendar days after e offer submitted to the APCHA by a Non- Qualified Transferee(s) any Pry p their right and option, shall purchase the Property or Unit from the No 'Drn-:r1,:,c Transferees) for a price of ninety-five percent (95%) of the Maximum Resa:u Pros, or ,...-raised market value, whichever is less. The offer to purchase shall be mace no tor, 'tan-;waned Transferee within fifteen (15) days of acquisition of the Property or Uni:. d. Where the provisions of this Pa ap: : obbiy, the APCHA may require the Owner to rent the Property or Unit in accordance ,',-cf: :ne ,-ro;:s:ons of Paragraph 15, below. OWNER RESIDENCE AND EMPLOYMENT 12. The Property and all Units shall be one s•:rc or be o:,.',_ed only as the sole and exclusive place of residence of an Owner. 13. In the event Owner changes domic'ce c- ceases .;',iize the Property or Unit as his sole and exclusive place of residence, or ceases :c ce a roll-;;Me employee in accordance with the applicable APCHA Guidelines, the Property or offer_c for sale pursuant to the provisions of Paragraph 5 of this Agreement. Owner snob; be 'seemed to have changed Owner's domicile by becoming a resident elsewhere or acne::::c,: cer-a,.ent employment outside Pitkin County, or residing on the Property or Unit for fever man n r,e -r.cords per calendar year without the express written approval of the APCHA, or by coas:nc :c :;e a =u; -time employee. Where the provisions of this Paragraph 13 apply, the APCH.=. may re,... .; :rte Owner to rent the Property or Unit in accordance with the provisions of Paracre: n ; eebs. • 14. If at any time the Owner of the Proper:, :7 Unit aiso owns any interest alone or in conjunction with others in any developed residential crcce:m-; or awe'In;n units) located in Eagle, Garfield, Gunnison or Pitkin Counties, Owner agrees to �m,ME,M-2,ro':•,o ho: said other property or unit for sale and to sell Owner's interest in such property at a sacs cr;ce :err,;a,-able to like units or properties in the area in which the property or dwelling unit(s) are iocratedi rne event said other ro e p p rty or unit has not been sold by Owner within one hunerec :;;-:no; 20` coos of its listing, then Owner hereby agrees to immediately list this Property or Un to the provisions of Paragraph 5 of this Agreement. It is understood and agreedcetwee+n more parties hereto that, in the case of an Owner Whose business is the construction and sae of .sienna; properties or the purchase and resale of such properties, the properties which cc. c:',n r; :n'.en:cry in such an Owner's business shall not constitute "other developed residential crcce^l' or "rip';e lino unit(s)" as those terms are used in this Paragraph 14. RENTAL 15. Owner may not, except with prior wntt,r, 7'" ,,: bit .°PCHA, and subject to APCHA's conditions of approval, rent the Property or Um: for or..; r •:on:; or rime_ Prior to occupancy, any tenant must be approved by the Homeowner's Asscca .r ;lr_�._.I[;, and the APCHA in accordance with the income, occupancy and all other cuu:ii n:;-,.r:•. ry the APCHA in its Affordable Housing Guidelines. The APCHA shall not coru-; • _ .• _ •_arm rental is being made by Owner to utilize the Property or Unit as an income orr,r.: a: provided below, and shall not approve master pee,; , _-_. ,dqc 6 H 11111 ',,r IM 1111111 42 1:48° '1,.; , . . . . • - ..___ or7.7 rnQVTS STI VT a lease with a rental term in excess of twelve (12) months. A signed copy of the lease must be provided to the APCHA prior to occupancy by any tenant. Any such lease approved by the APCHA shall show the length of the lease and the monthly rent. The monthly rent cannot exceed the Owner's costs, which include the monthly expenses for the cost of principal and interest payments, taxes, property insurance, condominium or homeowners assessments, utilities remaining in owner's name, plus an additional twenty dollars ($20) and a reasonable (refundable)security deposit. The requirements of this paragraph shall not preclude the Owner from sharing occupancy of the Property or Unit with non-owners on a rental basis provided Owner continues to meet the obligations contained in this Agreement, including Paragraph 12. 16. IN NO EVENT SHALL THE OWNER CREATE AN ADDITIONAL DWELLING UNIT, AS DEFINED IN THE PITKIN COUNTY OR CITY OF ASPEN LAND USE CODES, IN OR ON THE PROPERTY. 17. NOTHING HEREIN SHALL BE CONSTRUED TO REQUIRE THE APCHA TO PROTECT OR INDEMNIFY THE OWNER AGAINST ANY LOSSES ATTRIBUTABLE TO THE RENTAL, INCLUDING (NOT BY WAY OF LIMITATION) NON-PAYMENT OF RENT OR DAMAGE TO THE PREMISES; NOR TO REQUIRE THE APCHA TO OBTAIN A QUALIFIED TENANT FOR THE OWNER IN THE EVENT THAT NONE IS FOUND BY THE OWNER. BREACH 18. In the event that APCHA has reasonable cause to believe the Owner is violating the provisions of this Agreement, the APCHA, by it's authorized representative, may inspect the Property or Unit between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner with no less than 24 hours'written notice. 19. The APCHA, in the event a violation of this Agreement is discovered, shall send a notice of violation to the Owner detailing the nature of the violation and allowing the Owner fifteen (15) days to cure. Said notice shall state that the Owner may request a hearing before the APCHA Board of Directors within fifteen (15) days to determine the merits of the allegations. If no hearing is requested and the violation is not cured within the fifteen (15) day period, the Owner shall be considered in violation of this Agreement. If a hearing is held before the APCHA, the decision of the APCHA based on the record of such hearing shall be final for the purpose of determining if a violation has occurred. REMEDIES . 20. There is hereby reserved to the parties hereto any and all remedies provided by law for breach of this Agreement or any of its terms. In the event the parties resort to litigation with respect to any or all provisions of this Agreement, the prevailing party shall be entitled to recover damages and costs, including reasonable attomeys'fees. 21. In the event the Property or Unit is sold and/or conveyed without compliance herewith, such sale and/or conveyance shall be wholly null and void and shall confer no title whatsoever upon the purported buyer. Each and every conveyance of the Property or Unit, for all purposes, shall be deemed to include and incorporate by this reference, the covenants herein contained, even without reference therein to this Agreement. 22. In the event that the Owner fails to cure any breach, the APCHA may resort to any and all available legal action, including, but not limited to, specific performance of this Agreement or a mandatory injunction requiring sale of the Property or Unit by Owner as specified in Paragraphs 3, 11, 13, and Master Deed Restriction Page 7 1111111 11111 111111 111111 11111 III 1111111 III 11111 1111 III! 420489 08/11/1998 10:08A DEED RES DAVIS SILVI • 14. The costs of such sale shall :r. c: .-: :,rr,c�;eds of the sale with the balance being paid to the 23. In the event of a breach of any of toe ':rnc. ' : ,., contained herein by the Owner, his heirs, successors or assigns, the APCHA':: r :. ... ... ..... ..nose price of the Property or Unit as set forth in Paragraph 6a of this Agreement sn::, ' '.':: ::L.: ouch breach as determined by the APCHA, automatically cease to increase ; of this Agreement, and shall remain fixed until the date of cure of said breach FORE3335URE 24. If FNMA-type financing is used to ouron:_:- ._ Erc:erri; or Unit, as determined by the APCHA, the APCHA and the Board may, pursuant to toa: can..ain Cotton to Purchase executed and recorded at the time the Memorandum of Acce:r._rco s :zecu:cd and recorded, the terms of which are incorporated in this Agreement by ^.:.3 Teferere: s ^Oily set forth herein, agree to release and waive their ability to enforce the rests:e ceec __.:aticns contained herein, in the event of foreclosure, provided that said Option to Purchase an.:s : :r.e ,'FCHA and the Board, as the designee of the APCHA, the option to acquire the Pr:::n;, cr utta v,:hen thirty (30) days after the issuance of a public trustee's deed to the holder [:n,(3:us,n : asa._ns of the holder) of the promissory note secured by a first deed of trust for an option cr s_ rot o erceee the redemption price on the last day of all statutory redemption period(s) and an: acc3:cria: Teasonacle costs incurred by the holder during the option period which are directly related to toe 'oreslcs::r e. In the event that APCHA or the Boars, a_, :T a. see once of the APCHA, exercise the option pursuant to the terms of that certain Option to Ely. son r.cec :cove, the APCHA and/or its-designee, may sell the Property or Unit to Qualified Buyer: as c : :er-. cep ned herein, or rent the Property or Unit to qualified tenants who meet the income. _..c all other qualifications, established by the APCHA in its Affordable Housing Gags:red an1H sae to a Qualified Buyer is effected. • GENERAL PROVISIONS 25. Notices. Any notice, consent or apprc.c _. _ _ : red to be given hereunder shall be given by mailing the same, certified mail, return r_ce,:: ecces:ec, properly addressed and with postage fully prepaid, to any address provided here''? s- to an,: suosecuent mailing address of the party as long as prior written notice of the chance ::_.c:_ nas been given to the other parties to this Agreement. Said notices, consents and approvals on .! no _on: :3 ::.e parties hereto at the following addresses unless otherwise notified in writing: To Declarant: Jame:: E. ,,I core CaroL: Partnership, LLLP do 'Kaa'-n_n nnc Peterson, P.C. 315 Curt: 305 To APCHA: Ascen;P : ,,using Authority 30 C.__._ .,.._ _.... .r Level Atop:.. , " rc- , 3 ,511 To Owner: hru Ce ':ecec-.:netl cy ", Lacer r -tea : ::-u .unq cast. tnarnauul Unit. Master r1PU: P.--_. begs H I11 �C !! � n �� �� IlIII III III 420489 Tc; . . — - pro, nnvTc cTrvr 26. Fxhibits. All exhibits attached hereto (Exhibits "ATM, "B" and "C") are incorporated herein and by this reference made a part hereof. 27. Severability. Whenever possible, each provision of this Agreement and any other related document shall be interpreted in such a manner as to be valid under applicable law; but if any provision of any of the foregoing shall be invalid or prohibited under said applicable law, such provisions shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of such document. 28. Choice of Law. This Agreement and each and every related document is to be governed and construed in accordance with the laws of the State of Colorado. 29. Successors. Except as otherwise provided herein, the provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of the parties. 30. Section Headings. Paragraph or section headings within this Agreement are inserted solely for convenience of reference, and are not intended to, and shall not govern, limit or aid in the construction of any terms or provisions contained herein. 31. Waiver. No claim of waiver, consent or acquiescence with respect to any provision of this Agreement shall be valid against any party hereto except on the basis of a written instrument executed by the parties to this Agreement. However, the party for whose benefit a condition is inserted herein shall have the unilateral right to waive such condition. 32. Gender and Number. Whenever the context so requires herein, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. 33. Personal Liability. Owner agrees that he or she shall be personally liable for any of the transactions contemplated herein. 34. Further Actions. The parties to this Agreement agree to execute such further documents and take such further actions as may be reasonably required to carry out the provisions and intent of this Agreement or any agreement or document relating hereto or entered into in connection herewith. 35. Modifications. The parties to this Agreement agree that any modifications of this Agreement shall be effective only when made by writings signed by both parties and recorded with the Clerk and Recorder of Pitkin County, Colorado. Notwithstanding the foregoing, the APCHA reserves the right to amend this Agreement unilaterally where deemed necessary to effectuate the purpose and intent of this Agreement, and where such unilateral action does not materially impair the Owner's rights under this Agreement. 36. Owner and Successors, The term "Owner" shall mean the person or persons who shall acquire an ownership interest in the Property or Unit in compliance with the terms and provisions of this Agreement; it being understood that such person or persons shall be deemed an "Owner" hereunder only during the period of his, her or their ownership interest in the Property or Unit and shall be obligated hereunder for the full and complete performance and observance of all covenants, conditions and restrictions contained herein during such period. • IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year above first written. Master Deed Restriction 11111111111 111111 111111 11111 III 1111111 III 11111 1111 1111 Page 9 420489 08/11/1998 10:08A DEED RES DAVIS SILVI 9 of 14 R 71.00 D 0.00 N 0.00 PITKTN crummy. rn DECLARANT: JAMES E. MOORE FAMILY PARTNERHSHIP, LLLP, a Colorado limited liability limited partner,: :, By: )J�� — 57-5r�c Thomas A. Moore, General Partner STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was ackno e is le day of August, 1998, by Thomas A. Moore, General Partner of the James E. Thrmership, LLLP, a Colorado limited liability limited partnership. Witness my hand and official seal. My commissio -..• - ;tc- X JANICE L JOHNSON NOTARY PUBLIC -� ✓, _ 1 � STATE OF COLORADO L� � My Commission Expires 4/15/2000 ; public ACCEPTANCE BY THE ASP=_ HOUSING AUTHORITY The foregoing Master Deed Restri.cuor, - e ren: or the Occupancy and Resale of the Moore Family Project of the Aspen/Pitkin County Han: r_ i:ncrr :no :ts terms are hereby adopted and declared by the Aspen/Pitkin County Housing Authorir., THE ASPEN/PITKI •• NU TY HOUSING AUT—='?'.T ' By: �i� _.,.... •_• _•:• ecutive-0irecto Pk` Y p. `, STATE OF COLORADO ) ; p COUNTY OF PITKIN ) ss. � n��p�` TEMENI� • The foregoing instrument was acl n , ,u; me this /0 day of A 11,1" 30 e ve Tolen, Executive Director of the Aspen/Pitk n ttnority. ..---------- Witness my hand and official seal, my / />%/)) ?� 'Salesmasier Ur Master Le,: . ,st[atter, t1 1r•' ^i ii r Fag, 10 Ill Ill 911IIIIIIIIIIIIIII 422489 ---- -- ' ?ES DAVIS SILVI • EXHIBIT"B" ALLOCATION OF AFFORDABLE HOUSING LOTS The Affordable Housing Lots will be established as either Category 3, Category 4, or Resident Occupied, upon the issuance of a building permit for the respective lots, which category designation shall be set forth in the individual Memorandum of Acceptance between the qualified buyer and the Aspen/Pitkin County Housing Authority. Below is the allocations of the 31 affordable housing lots. 1. The following Affordable Housing Lots are allocated for purchase by the Aspen School District: 1 RO 4-bedroom within Block D 1 RO 3-bedroom within Block F 2 Category 4 3-bedroom within Block F 3 Category 3 3-bedroom within Block C 1 Category 3 3-bedroom within Block A The Aspen School District will have the right of first offer for any of these specific units, which may come available for resale. If an owner of one of these units is no longer employed with the Aspen School District, that owner retains the right of ownership as long as that owner is a qualified employee of Pitkin County, or retires as specified in the Affordable Housing Guidelines. Further qualifications and restrictions are set forth in the Memorandum of Understanding Between the Aspen School District and the James E. Moore Family Partnership, LLLP, recorded on August 10, 1998, at Reception No. of Z0�19 2. The following Affordable Housing Lots are allocated for purchase by the Aspen Valley Hospital: • 1 Category 3 3-bedroom within Block C 1 Category 3 3-bedroom within Block A 1 Category 4 3-bedroom within Block F The Aspen Valley Hospital will have the right of first offer for any of these specific units, which may come available for resale. If an owner of one of these units is no longer employed with the Aspen Valley Hospital, that owner retains the right of ownership as long as that owner is a qualified employee of Pitkin County, or retires as specified in the Affordable Housing Guidelines. 3. The following Affordable Housing Lot is allocated for purchase by the Manager of the Moore Family PUD: 1 Category 3 3-bedroom within Block C 4. The following Affordable Housing Lot is allocated for purchase by a Moore Family member: 1 Category 3 3-bedroom within Block F The Moore Family will have the right of first offer for this specific unit to another member of the Moore family, who is employed in Pitkin County or retired as specified in the Affordable Housing Guidelines. The Moore Family member must qualified according to employment, but does not have to meet income, assets or occupancy requirements. Master Deed Restriction Page 12 I_IIIIII "IIIIIIIIIIIIIIIIIIII ill Milli III "II'ICIIIIIII VT EXHIBIT "LC" (continued) 5. The following Affordable Housing Lots are .141,:n! !o rjerleral lottery procedure established by the Aspen/Pitkin County Housing Authority: 3 Category 3 3-:.ecroom within Block C 1 Category 3 within Block D 5 Category 3 3-;:eorccr within Block A 1 Category 3 socrccm within Block D 2 Category 4 3-ire recur within Block D 4 Category 4 bocrcom within Block F 2 Category 44-tear-corn within Block D 4 ■ „aster D Bill 11 111111:1 H t � � .. I] J0 II 111111 III 1111 Pap: 13 420489 08/11/1°_L :3 ::3;. DEED RES DAVIS SILVI 12 of 14 P 71 ',r 7 " 'ITKIN COUNTY cn EXHIBIT"C" Permitted Capital Improvements 1. The term "Permitted Capital Improvement"as used in the Agreement shall only include the following: a. Improvements or fixtures erected, installed or attached as permanent, functional, non- decorative improvements to real property, excluding repair, replacement and/or maintenance improvements; b. Improvements for energy and water conservation; c. Improvements for the benefit of seniors and/or handicapped persons; d. Improvements for health and safety protection devices; e. Improvements to add and/or finish permanent/fixed storage space; and/or f. Improvements to finish unfinished space. 2. Permitted Capital Improvements as used in this Agreement shall NOT include the following: a. Landscaping; b. Upgrades/replacements of appliances, plumbing and mechanical fixtures, carpets and other similar items included as part of the original construction of the unit; c. The cost of adding decks and balconies, and any extension thereto; d. Jacuzzis, saunas, steam showers and other similar items; e. Improvements required to repair, replace and maintain existing fixtures, appliances, plumbing and mechanical fixtures, painting, carpeting and other similar items; and/or f. Upgrades or addition of decorative items, including lights, window coverings and other similar items. 3. All Permitted Capital Improvement items and costs shall be approved by the APCHA staff prior to being added to the Maximum Resale Price as defined herein. Master Deed Restriction Page 14 1 111111 11111 111111 111111 Rai 1111111 III 111111 III It 420489 08/11/199A 1a.01RO nrrn ore nnute e,, ,, VIED UNIT DEVELOPMENT, 9MMUNITY .M. x Wi/2Ss'1/4 of Section /1 and e 141, Township /0 South, Range 85 test it Meridian, f „•„ p of Colorado a �� \ ATTACHMENT 2 • te • -°'u ' /�\ 2. THAT THE.AWES E MOORE FAMILY PARTNERSHIP WA HAS CAUSED SAD REAL �l PROPERTY TO BE LAID OUT AND SUBOMOfD AS 'THE MOORE FAMILY PUD, A PLANED COMMUNITY'(MOORE FAMILY PUO)IN PTTKIN COUNTY, COLORADO, SUBJECT TO DIE EASEMENTS I LIB. - M• �� • AND O1ATI LIENS AND ENLUMCW.CES MOWN OR DESCRIBED ON MIS PLAT OR IN.THE MISTER FIND OTTHER or COVE, CONDITIONS AND RESTRICTIONS. (.t N THI r DT OR IIBON RECORDED Ausu9r is /999 AS RECEPTION NO g7046L S DAT JAMES E MOORE FAMILY PARTNERSHIP LLLP. HEREBY DEDICATES TO THE PUBLIC. "�^°"' • SUBJECT TO THE EASEMENTS LIENS AND OTHER ENCUMBRANCES AS SHOWN OR • omr Site FADESCRIBED ON THIS PUT AND OTHERWISE GRANTED OR RESERVED HERON TTE FOLLOWING: A "HIf•NISdYWL RDID" I B. A FOREIGN OF MOORE DRIVE FROM THE INTERSECTION OF MAROON CREEK R040 TO THE POINT DESIGNATED ON THE PLAT AS 2ND PUBLIC ROAD' Vicinity Afap N.7:3: CERnnuTION OF OWNERSHIP , um J4ML.1 a MOON IAML7 rM/NCNYIP'4U',A LuWwJU u u ^ 'UIr LIMPID PARTNERSHIP, DOES HEREBY CONFIRM AND ACKNOWLEDGE TINT IT�c U IS THE SOLE OWNER OF THE PROPERTY DESCRIBED HEREIN. THE JAMES E MOORE FAMILY PARTNERSHIP LLLP. A COLORADO LIMITED LIABILITY UI/I/ED PARTNERSHIP SURVEYORS CERITFCATE BY H A•w.I•V.a ( .aTIPHEN L. fHLERS. A DULY REGISTERED PROFESS( 11�� l/�� THOMAS A MOORE GENERAL PARTNER LANG SUWE)'OR IN THE STATE OF COLORADO 00 HEREBY C. STATE OF Co PR1� ) PUT OF THE MOORE FAMILY POD, A PLANNED COMMUNITY THE L, CORRECTLY REPRESENT' THE RESULTS OF A SURVEY MADE C COUNTY OF pat w ) RESPONSIBILITY, SUPERVISION AND CHECKING. WHICH SURVEY IN ACCORDANCE WITH ARTICLE 51 OF TITLE 38 OF THE" /nits T BEEN DULY ACKNOWLEDGED BEFORE ME THIS_� Br COL S AND THAT THIS PUT CJB-JS ALL THE�A DAY(Y 1998 BY THOMAS FAMILY A MOORE AS BY COLOR AD TENSED STATUTES# / 98_ J-T{{09--TH �����C L( GENERAL P ER OF THE 1MIES E MOORE FAMILY PARTNERSHIP LLP. A COLORAD DATE. 3 4 r r# 1998 Z r. SITED LIMITED•PARTNERSHIP. COLD REL'ISTIRED: WITNESS MY HAMS AND / LAND SUFI R CII Na 1( MY COMMISSION EXPIRES De00 `11, EIS, i �I•l S•�!3 NOTArUBLIC LANCE L.JOHNSON (/ y NOTARY PUBLIC IDLE EXAMINERS CERTIFCATE STATE CA COLORADO r AI L 7JAM AN INC HEREBY CaM I HAVE MCmmn¢^fares YSrzWI GUARANTEE TO COMPANY, DC D HEREBY CERTIFY TAND BA I Hq VN EXAMIANPON TO BE VASE OF OR PROPERLY AND EASED L LIABILITY THE ARTNE E PORE FAMILY PARIPE SIMPLE LE PROPER YFRED D CLEAR O IS THE LIENS AR IN NCU BRAN SHOWN A FREE AND CLEAR OF PL LIENS CHD OULD ADVERL SHOWN AND DESCRIBED OF H RN THIS PTT, ICH WOULD S✓ARC INTENDED USE[V THE PROPERTY TO WHICH DEDICATIONS ARE PUBLIC (TED THE 4 tr DAY OF Au<Aus"T' / CLERK AND RECORDERS CERTIFICATE i i 1. Br All,-; • a STATE OF COLORADO )i) a STATE OF COLORADO ) COUNTY OF PRpN 1, •`•co, I HEREBY CERTIFY DIM'THIS INSTRUMENT WAS FILED IN O CE AT '41 COUNTY OF RIPON ) '(1(1 O'CLOCK, p .M., THIS JAT on OF d. _. 1998 THE FOREGOING TITLE EY.WINER" ERPFICATE HAS EE/ AND IS DULY RECORDED IN PUT BOOK�/ _ AT PAGED 1C1 ART 1945 98 PECL✓IRA'NO. �TIA LY I05 I/N THE RECORDS OF P1N(lN COUNTY, BY Np n w E yE T�IS DAY OF �•C1 COLORADO. I.b � K ry[TA[I AS OF LAND TITLE GUARANTEE COMPANY I.1 a,•11 / y WITNESS MY HAND AND OFFAL SEAL PITKIN COUNTY CLERK AND REC.-DER MY COMMISSION EXPIRES y'irho-."-fl 1 IA NOT I.HOHNSOrri T _ NOTARY PUBLIC ' (/NOTAN I7UB 9DII!11 COLORADO SURPf,YOR.^ r C fiYC/NEERS' Jae xo. 99ZOSI ,•. ................�rM Imo..... J!`I`y,, — FINf1L aa.a by ,:e 7 ...........✓a s,.µ._. SC//MUISER `I•'• ��� Dam. 9/1Wy98 CORDON art..? ADDbY S:f y91 ,....AI /WOW ,an. a II Y r1 -1T 11/4 SO. 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MJO l I P 1 °p 0Fa� 216\�e • 18e/ Rol 7777 Y 1636 as 4.- �3` 1 S=r�a. r \o - 17e -i al e u \ �_� m m :r r 236 «.. aY�' . •I pp jr 2413 c\ $\ 0 24e Yt"t° 156� Mlle ','a. N — Off e' u 1,13 veo W .am '", ,>••`�` Open Space Area 8 146 9 . •dle a 10.: 413 19 44.44 0 ,+'° C50 ;00 :1.m ;:.77- r;,.„ o.aa7 oc. B I13e 6126 Block E 07 37 _ M, <n/mss .. C5.7 77'96 722 274 1y���, 4 cse r e 'ix Zia u, `,c i lr Open Space Area 9 3 N 25" . li caRr 570 yin car wax' no 0227 aa' ■ Sat. I.- r .. c 222 ,Lno. ¢a loos 7712 °'ter i 11170470. CN Ch060 n% 160, 1140[f fa r.m etK T xn• <ee 7779 135 :Jn' .ens_ '. _ca., rsseem res., ran 22__2_2 _ • Job He. 912054 _ _: _ FINAL ',mar SE 4 AThr by , _ ��I 7712. 3iJuy9B l e-,r. Jars-19-00 09 : 32A yusen- horn 970 925 5180 P.02 ZOOM FLUME LLC BOX 5115 ASPEN, COLORADO 81611 970-920-1710 January 18 , 2000 Nick Lelack Aspen Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Moore PUD: Minor Plat and PUD Amendments Dear Nick: Zoom Flume LLC is the developer of the Moore Planned Unit Development. This letter authorizes Davis Horn Incorporated to prepare a Plat and PUD land use application on our behalf and represent us in the City of Aspen land use process. Thanks. Sincerely, ZOOM FLUME LLC RECEIVED TIME JRN. 19. 9:35RM PRINT TIME JRN. 19. 9:37RM Jan.- 19-00 09 : 32A yuserr horn 970 425 5180 P _ 03 JAR-11-20N TUB Ub LJ Ill ->rk, b• T `t ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees and c�t7 rr'. . t-- 1....... fr.C. L.-L C CITY OF ASPEN (hereinafter CITY)and -- (hereinafter APPLICANT)AGREE AS FOLLOWS: 1. APPLICANT hu submitted to CITY an applies ion for _R t�CC 2 V D + P �5"t" (-r^<-,-,ekn..e• vyT:_5 (hereinafter.TILE PROJECT). ? APPLICANT understands and agrees that City of Aspen Ordinance No. 49 (Series of 1998) establishes n fee structure for Land Use applications anu 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 :hie interest of the parties that APPLICANT make payment of an initial deposit and ro thereafter permit additional cost; 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 wile 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 Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration. unless current billings arc paid in full prior ro decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of S 4� which is for 2.,4 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. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees than failure to pay such accused 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 U. a C I--LC_ 17 Julie Ann Woods l l I SS , 1�c7 Community Development Director Date: Mailing Address: lb OK .I IS- / cSeen •___LP C (6U . .---- easuppnrtlformslogrpayas-doc 12/27/99 - "-7.Till ErmE THN. 1° - - - =PINT TIME JAN. 19. 9:37AM .JAN-11-2000 TUE 05:21 PM FAX NO. P. 01 lo CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Nick Lelack,920-5095 DATE: January 11,2000 PROJECT: Minor PUD Amendments&Minor Plat Amendments to the Moore Family PUD REPRESENTATIVE: Glenn Horn, 925-65R7 TYPE OF APPLICATION: Minor PUD Amendment,Minor Plat Amendment DESCRIPTION: The applicant would like to make minor plat amendments to the Moore Family PUD to (1) amend the recorded plats in order to modify building envelopes in Block F to account for grading for the affordable housing units, and to make a minor PUD amendment (2) to the PUD Guide to permit minimal grading outside the building envelopes for the affordable housing units in Block F, and (3) to increase the permitted height of the lift tower from 40 feet to 50 feet. Address Applicable Sections of the Land Use Code &Ordinance 24, Series of 1999 Land Use Code Chapter 26.304, Common Development Review Procedures. Section 26.480.060(A)(3) and(B),Final Plat requirements. Ordinance 24, Series of 1999 This ordinance established review criteria to evaluate minor PUD amendments and minor plat amendments for the Moore Family PUD. These criteria must be addressed in the application. Section 4 . The Community Development Director is hereby authorized to approve minor PUD amendments to the Moore Family PUD which are intended to change an element or condition of the development permit; provided,however, that the proposed amendments are consistent with the following standards: a. The amendment must be a clarification or a technical correction to a plat. b. The amendment must not change the use of the proposed development between residential,commercial and tourist accommodation uses. c. The amendment must be consistent with action taken during the review of the original development activity. d. The proposcd activity does not: . JAN-11-2000 TUE 05:21 PM FAX NO. P. 02 >-l-t, b, r I a i. Change the basic character of the approved use of land on which the activity occurs including basic visual appearance and method of operation; ii. Increase off-site impacts in the surrounding neighborhood; iii. Endanger public health, safety or welfare; iv. Substantially increase the need for on-site parking or utilities,or affect affordable housing generation; and, v. Increase the floor area of the use by more than two (2)percent or decrease open space on the site by more than three (3)perccnt. Section 5. The Community Development Director is hereby authorized to approve minor plat amendments to the Moore Family PUD;provided,however, that the proposed amendments are consistent with the following standards: a. The amendment increases or does not affect the degree of compliance with land use code standards; b. The amendment is being made to a recorded plat which has been approved by the City;and c. The amendment is consistent with representations made to Pitkin County during the conceptual and detailed subdivision reviews whichever is applicable. • Review hy: Community Development Department. Public Bearing: No. Referral Agencies: None. Planning Fees: Planning Deposit($480) Referral Agency Fees: None. Total Deposit: $480(additional planner hours beyond the 2.5 covered by the deposit shall be billed at a rate of$195/hour). To apply, submit the following information: The application will be considered incomplete and returned to the applicant unless ALL of the following information is submitted in full. 1. Proof of ownership 2. Signed fee agreement 3. 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. 4. 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. 5. Total deposit for review of the application 6. 3 Copies of the complete application packet and maps. HPC= 12; PZ= 10; GMC=PZ+5; CC=7; Referral Agencies = l/ea.; Planning Staff=2 7. An 8 'a"by 11"vicinity map locating the parcel within the City of Aspen. JAN-11-2000 TUE 05:22 PM FAX N0. P. 03 (v 8. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way,of the parcel certified by a registered land surveyor, licensed in the state of Colorado. 9. A written description of the proposal and an explanation in written, graphic,or model form describing how the proposed development complies with each of the review standards relevant to the development application. Please include and clearly indicate existing conditions as well as proposed. 10. Copies of prior approvals, including but not limited to existing plats. 11. Copies of proposed plats. 12. All other materials required pursuant to the submittal requirements packets. In the event that you should have any questions regarding the foregoing,please do not hesitate to contact Nick Lelack of the Community Development Department at 920-5095. The foregoing summary is advisory only and is not binding on the City. The opinions contained herein are based on current zoning and regulations, which are subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not,in any way, create a legal or vested right. • JAN-11-2000 TUE 05:22 PM PR NO. P. 04 • LAND USE APPLICATION r I t PROJECT: Name: CD r i? i Location: t 1 rem 1 J t7 1 (Indicate street address. lot& block number, legal description where appropriate) APPLICANT: Name: Lo,:; 1— L- Or C._ L C- M r r (' TO l: P 5 Address: (), o>- cs 1 , CJ Phone#: 920 - 111V REPRESENTATIVE: Name: lricnn F-(uic) Address: 21S S . S -re ( oy Phone#: {'r c- Ste, (/ `7 Z S—6 St -7 TYPE OF APPLICATION: (please,check all that apply): ❑ Conditional Use C Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review ❑ Final PUD(& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition n GMQS Exemption ❑ Subdivision ❑ Historic Designation in ESA- 8040 Greenline, Stream ❑ Subdivision Exemption(includes ❑ Small Lodge Conversion/ Margin,Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use 9 Other: ❑ Lot Line Adjustment ❑ TexvMapAmendment EXISTING CONDITIONS: (description of existing buildings, uses,previous approvals,etc.) Scc ({ r-re(' PROPOSAL: (description of proposed buildings, uses, modifications,etc.) Sc4= IE�tpt' Have you attached the following? FEES DUE: S t0 ❑ Pre-Application Conference Summary \t-c:‘, ❑ Attachment#1, Signed Fee Agreement "l< ❑ Pr Response to Attachment#2,Dimensional Requirements Form " v n S R• esponse to Attachment#3,Minimum Submission Contents I n R• esponse to Attachment#4, Specific Submission Contents I LI r 3 7 Response to Attachment#5, Review Standards for Your Application ..ie5 ..... Ex In, 6,r lZ i 4 Ohl Snowmen � 1i 001..o•a. 41‘ ;©- ,_/. Is _ _ Ult..m - a0 Moon MIS a w... .-r 1-111.‘".1 Mill ! eb.eea 0 _ , ... nn. ` . . oM L _ _ Beginning at the N '"�!]r�TT�- being relative to a IF `� �� � � the northeast come w�"• centerline; thence _ \ I north line of a par • �� the Pfdn County re maw � k 'tt+- I - the following sir (6 ° lob app 1) S 73'55 w+ert mrn wnnrve FOREST' gr/�I�— 2) S 3.3'ld Site , 3) S 1so_ irt 6) N 73'55 south centerline of centerline S 00'15:; the SW1/4NE1/4 0; feet to the southwe • Vicinity Afap 6ne of said N1/2SE the east line of sa, N.T.S. I Section 14, N 00'1: Section 14, thence N 00.0343'E 13£ of said Section 14; Section 14, S 89'5' SE1/4NE7/4 Sectio, of Section 14, N O. corner of said NWT, southeast corner of SURVEYOR'S CERTIFICATE east line of said W feet to a point on 4 STEPHEN L. EHLERS, A DULY REDIJftAtL/ PROFESSIONAL Rood; thence along LAND SURVEYOR IN 1H£ STATE OF COLORADO, DO HEREBY CER77FY mar THIS thence S 88'02'11" PLAT OF "THE MOORE FAMILY PUD, A PLANNED COMMUNITY TRULY AND way S 0137'49'£ CORRECTLY REPRESENTS PIE RESULTS' OF A SURVEY MADE UNDER MY DIRECT feet; thence 136.0 RESPONSIBILITY, SUPERVISION AND CHECK/NG, WHICH SURVEY HAS PREPARED having a radius of IN ACCORDANCE WITH ARPCLE 51 OF 77TLE 38 OF 7H£ e• : .• REVISED subtending a chord STATUTES, AND THAT THIS PLAT CONTAINS ALL THE yt!, , - • 1RED N 8422'00'E 33.0 BY COLORADO REVISED STATUTES 38-313-209. 1 ■f eta non–tangent to the (� .Q a�;�i angle of rro1 Dos, D47E 3 Aur r# (`798 J A•'' .. ,�j�� 21.54 feet' thence COLD- •• /57FPED1 PROFESSIONAL - the left, having a it LAND SURtleVe NO. 20133. I 38'4823' and subs wee"..°°••.,,.•°ot' y%�' 43.00 feet; thence O'3 '4t Ulf)o the left, having a it 197957" and subt feet; thence S 11'1. 381.08 feet; thence S 00'06'08'E 968. 7771E EXAMINER'S CFRPF7CATE thence 401.35 feet i 'ARtu q. AXTI4E-L.1..'^ , AS flits A1A1!4GFi(L OF LAND TITLE left having a rodiu: CuewewrFF rnupeuv ,ur nn NCOFOY rCDT/N riser , UAW rnncrn. w subtending a chord Davis Horn- PLANNING & REAL ESTATE CONSULTING March 6, 2000 Nick Lelack City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Moore Family Planned Unit Development: Other Amendment Standards Dear Nick : The proposed amendments to the Moore PUD are identified in my January 20 , 2000 letter. At our last meeting you requested me to address the "Other Amendment" standards in Ordinance No. 35 Series of 1999 . This letter addresses the standards . The Moore PUD amendment application complies with all of the standards in Section 26 . 445 . 100 of the Aspen Land Use Regulations with the exception of # 9 . Standard # 9 states that : "Any change which is inconsistent with a condition or representation of the project ' s original approval or which requires granting a variation from the project ' s approved use or dimensional requirements . " The setback and height changes are a variation on the approved dimensional standards for the Moore PUD . The changes to the grading and drainage plan are the result of an oversight by the developer. The original grading and drainage plan addressed primarily the grading and drainage for the overall site and did not address the affordable housing lots . Transmitted with this letter is a Revised Grading and Drainage Plan. The revised Plan has been improved as suggested by City staff at our last meeting. Thank you for assisting us with this PUD amendment . Please contact me if I can be of any further assistance . Sincerely, DAVIS HORN INCORPORATED GLENN HORN AICP Moore . 1 ALICE DAVIS,AICP f GLENN HORN, AICP 215 SOUTH MONARCH St • SUITE 104 • ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5180 Davis Horn- March 14 , 2000 PLANNING & REAL ESTATE CONSULTING Nick Lelack City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Moore Family Planned Unit Development: Plat and Planned Unit Development Amendment Dear Nick: Davis Horn Incorporated represents the Zoom Flume LLC ( "applicant" ) in this land use application. As you know, Zoom Flume LLC, is the successor in title to the James E . Moore Family Partnership. Zoom Flume LLC, is the ( "developer" ) of the Moore Family PUD. This land use application seeks the following land use approvals . 1 . Setback Change - The applicant requests approval for a minor Plat Amendment to the Moore Family PUD Plat to adjust setbacks for two affordable housing unit lots located in Block F (Lots 8e and 9e) . Exhibit 1 depicts the Moore Family PUD Final Plat sheet 7 of 9 . The final Plat shows Lots 8e and 9e have 20 foot rear and front yard setbacks . Exhibit 2 , the Moore Family PUD second amended Plat, shows 12 foot front and rear yard setbacks for these lots . This represents setback reductions of eight feet for the front and rear yards . 2 . Height Change - The applicant requests a minor amendment to the Moore Planned Unit Development Guide (PUD Guide) to allow taller lift towers for the Moore PUD High School Ski Lift is requested. Article VII of the Moore Planned Unit Development Guide limits lift towers to a height of 40 feet (see Exhibit 3) . Exhibit 4 is a preliminary plan profile of the High School Lift . The bottom seven towers are located within the Moore PUD. The preliminary plan profile indicates the highest tower tube will be 45 . 93 feet tall . The applicant requests the PUD Guide be amended to permit a maximum lift tower height of 50 feet . This will allow some flexibility between preliminary and final lift design. 3 . Grading & Drainage - The applicant requests approval of a revised Grading and Drainage Plan for Moore PUD, Block F. Exhibit 5 is a copy of the approved Moore PUD Grading and Drainage Plan ( "Revised Detailed Submission) . The Plan does not show any grading outside of the Block F building envelopes . Exhibit 6 depicts the proposed grading plan for this area. ALICE DAVIS,AICP S GLENN HORN, AICP 215 SOUTH MONARCH St • SUITE 104 • ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5160 Nick Lelack March 14 , 2000 Page 2 LAND USE APPROVALS On June 28 , 1999 the City of Aspen approved Ordinance No. 24 Series of 1991 which established a procedure and standards for minor PUD amendments to the Moore Family PUD (see Exhibit 7) . Section 4 of the ordinance states the procedure is intended to address changes to "elements or conditions of the development permit . " This section of the application demonstrates compliance with the standards . The standards appear in bold followed by the applicant ' s response . Standard a. The amendment must be a clarification or a technical correction to the plat. Setback Response It was determined after the construction of the Moore PUD road system that setback modifications were needed for Block F, Lots 8e and 9e . Height Change Response The proposed tower height is not a plat issue . Tower height is addressed in the Moore PUD Guide (see Exhibit 3) . Grading and Drainage Response Grading and drainage is not a plat issue . The County approved a revised Grading and Drainage Plan in June (Exhibit 5) . The revised Grading and Drainage Plan approved modifications to grading and drainage adjacent to the affordable housing in Block C. After completion of the Moore PUD road system it became clear that there needs to be additional grading for the buildings proposed for Block F . Standard b. The amendment must not change the use of the proposed development between residential, commercial and tourist accommodations uses . Setback, Height, Grading and Drainage Responses Changes in uses are not proposed. Nick Lelack March 14 , 2000 Page 3 Standard c. The amendment must be consistent with action taken during the review of the original development and does not constitute new land development activity. Setback, Height, Grading and Drainage Responses The level of development activity will be identical to the activity approved in the Moore PUD land use review. There proposal will not result in new land development activity. Standard d.i . The proposed activity does not change the basic character of the approved use land on which the activity occurs including the basic visual appearance and method of operation. Setback, Height, Grading and Drainage Responses The proposed amendment does not affect the basic character of the approved use of land. Standard d.ii . The proposed activity does not increase off-site impacts in the surrounding neighborhood. Setback, Height, Grading and Drainage Responses The proposed minor amendments will not result in an increase in off-site impacts on the surrounding neighborhood. Standard d. iii . The proposed activity does not endanger public health, safety or welfare. Setback, Height, Grading and Drainage Responses The proposed amendment does not affect public health, safety or welfare . Standard d.iv. The proposed activity does not substantially increase the need for on-site parking or utilities, or affect affordable housing generation. Nick Lelack March 14 , 2000 Page 4 Setback, Height, Grading and Drainage Responses The minor amendment does not affect on-site parking, utilities or affordable housing generation. Standard d.v. The proposed activity does not increase the floor area of the use by more than two (2) percent or decrease open space on the site by more than three (3) percent. Setback, Height, Grading and Drainage Responses Open space and floor area are not affected by the proposed amendment . SUMMARY The applicant is seeking minor amendments to the Moore PUD to address technical issues which have come up during the construction process . The proposed amendment complies with the minor PUD amendment standards established in City or Aspen Ordinance NO. 24 series of 1999 . The applicant is submitting $ 480 . 00 with this application as indicated on the pre-applicaiton summary sheet . The following Exhibits are attached to this letter for your information. Exhibit 1 : Moore PUD Final Plat sheet 7 of 9 . Exhibit 2 : Moore Family PUD second amended Plat . Exhibit 3 : Article VII of the Moore Planned Unit Development Guide Exhibit 4 : High School Lift : Preliminary Plan Profile Exhibit 5 : Moore PUD Revised Detailed Submission Grading and Drainage Plan Sheet GD 4 Exhibit 6 : Moore PUD Proposed Grading Plan Block F Exhibit 7 : January 4 , 2000 letter to Cindy Christiansen Exhibit 8 : Letter from Zoom Flume LLC authorizing Davis Horn Incorporated to submit a land use application to the City of Aspen and represent them in the land use approval process Nick Lelack March 14 , 2000 Page 5 Exhibit 9 : Fee Agreement Exhibit 10 : City of Aspen Pre-Application Summary Sheet Exhibit 11 : Land Use Application Form Exhibit 12 : Vicinity Map Please contact me at 925-6587 if I can provide any additional information and or materials . Thank you for your assistance . Sincerely, DA S HORN INCORPORATED GLE , HORN AICP Moore