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HomeMy WebLinkAboutLand Use Case.1000 E Hopkins Ave.A2-95 CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 0 /11/95 // PARCEL ID AND CASE NO. DATE COMPLETE: I�I c c - 2737-182-01-003 A2-95 STAFF MEMBER: LL PROJECT NAME: Valley Hi Extension of Vested Rights Project Address: 1000 E. Hopkins Ave. Legal Address: APPLICANT: Yusem Corporation 920-2180 Applicant Address: 215 S. Monarch, #104 , Aspen REPRESENTATIVE: Herb Klein 925-8700 Representative Address/Phone: 201 N. Mill St. Aspen, CO 81611 FEES: PLANNING $1020 # APPS RECEIVED 1 ENGINEER $ # PLATS RECEIVED HOUSING $ ENV. HEALTH $ TOTAL $1020 TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: X 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Dater . ' PUBLIC HEARING: c,Y.$ NO VESTED RIGHTS: AYES NO DRC Meeting Date REFERRALS: �'- City Attorney Parks Dept. School District City Engineer Bldg Inspector Rocky Mtn NatGas Housing Dir. j' Fire Marshal CDOT Aspen Water Holy Cross Clean Air Board City Electric Mtn. Bell Open Space Board Envir.Hlth. ACSD Other Zoning Energy Center Other DATE REFERRED: INITIALS: DUE: FINAL ROUTING: /v DATE ROUTED: f /%Q- r2) INITIAL:a1 City Atty City Engineer Zoning Env. Health Housing Open Space Other: FILE STATUS AND LOCATION: MEMORANDUM VI l TO: Mayor and Council THRU: Bill Efting, Acting City Manager THRU: Stan Clauson<<Ogjafnunity Development Director ;/ FROM: Leslie Lamont, Deputy Director DATE: March 13 , 1995 RE: Valley Hi Vested Rights Extension - Second Reading Ordinance 13 , Series of 1995 SUMMARY: The Valley Hi apartments, 1000 East Hopkins Avenue, are under contract. The potential purchaser, Jeffrey Yusem, has requested a five month extension of vested rights status. Unlike the previous vested rights extension request, staff recommends approval of this extension request. Council approved first reading of Ordinance 13 , Series of 1995, at the February 27 meeting. However, for second reading, staff recommends the elimination of condition #5 and adding a new condition #5. That condition granted the vested rights extension specifically to Jeffrey Yusem of Yusem Corporation. After further consideration of the extension request, staff believes that the extension is based upon the development schedule that has been submitted by the applicants and their representative, Jeffrey Yusem. Of paramount importance is the effective and timely redevelopment of the Valley Hi. Whether Mr. Yusem or another party undertakes that redevelopment is irrelevant as long as redevelopment is accomplished within the time frame approved by this Ordinance. In the alternative, Council may wish to link the extension of vested rights to redevelopment of the property by Jeffrey Yusem of Yusem Corporation. APPLICANT: Jeffrey Yusem, representing the Valley Hi Development Trust LOCATION: 1000 East Hopkins, Aspen ZONING: Residential Multi-Family (R/MF) BACKGROUND: The Valley Hi is a nineteen unit, free market, apartment building housing approximately 60 working residents. In June of 1991, the Valley Hi Development Trust was granted subdivision approval for a site specific development plan. The property was to be demolished and rebuilt as a multi-family building containing four free-market units and four deed restricted units, a twelve car garage and $45, 000 cash-in-lieu payment for 3 deed restricted bedrooms that were not to be built on-site. This redevelopment plan was created and approved as part of a lawsuit settlement between the City and the Valley Hi Trust. The site specific development plan was adopted in June, 1991, pursuant to Ordinance 8, Series of 1991. The Ordinance also granted vested rights for a period of three years. Please see Ordinance 8 approving the subdivision, Exhibit A. Vested rights status was to expire on June 15, 1994 . However, in 1992, the applicants requested an extension for an additional 2 years to June 15, 1996. Council only extended the vested rights for one additional year to June 15, 1995. Council recently denied a further request for a two-year extension of vested rights, finding that within that time frame new development should comply with changes in the Aspen Land Use Code in order to be consistent with current land use regulations, polices, and visions of the community. APPLICANT'S REQUEST: Jeffrey Yusem is attempting to purchase the Valley Hi property for redevelopment. Mr. Yusem requests a five month extension of vested rights. Currently vested rights will expire June 15, 1995. The extension request will preserve the vested rights until November 15, 1995 . STAFF COMMENTS: There have been many issues surrounding the current apartment complex and vested rights extension requests. Staff believes there is a significant difference between this extension request and the prior request. The current request is based upon a demolition/construction time schedule for redevelopment of the property. The request does not contemplate substantial amendments to the approved plan. Previous extension requests were unaccompanied by redevelopment schedules. Moreover, the property owners appeared to have poorly maintained the building and failed to monitor its tenants. The applicant, Jeff Yusem, has been working with architects and staff to develop a realistic demolition/construction schedule for redevelopment. According to the time schedule prepared by his architects, it is not feasible to expect the issuance of any building permits until mid-October of this year. The original subdivision/PUD approval was based upon conceptual drawings. In order to submit for a building permit, detailed drawings must be developed including civil and structural drawings. Site and soil explorations must be conducted. Please see the proposed schedule and extension request, Exhibit B. 2 Owing to the applicant' s due diligence and desire to redevelop the property in a timely manner, staff recommends a five month extension of vested rights status for the Valley Hi. Staff finds that the redevelopment of the property, based upon the approved subdivision/PUD development plan, is in the best interest of the immediate neighborhood and the City of Aspen. RECOMMENDATION: Staff recommends approval of the request to extend the vested rights status of the Valley Hi site specific development plan with the following conditions: 1. The extension of vested rights shall be for five months to November 15, 1995. 2 . The applicant shall maintain the property in an orderly fashion and all rubbish and refuse shall be removed in a timely manner. 3 . The Valley-Hi Apartments shall be maintained in a clean and orderly condition until such time as they are demolished prior to redevelopment pursuant to Ordinance 8 , Series of 1991. 4 . The rights granted by the site specific development plan approved by this Ordinance shall remain vested for a total of four years and five months from June 15, 1991, the date of publication of Ordinance No. 8, Series of 1991. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. approved by this Ordinance are spccifi ally conditioned upon Yuscm Corporation for redevelopment. 5. Redevelopment of 1000 East Hopkins Avenue shall proceed according to the development timeline submitted and approved as part of the extension of vested rights application (exhibit B) . 6. The approval granted hereby shall be subject to all rights of referendum and judicial review. 7 . Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations or ordinances or the City provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. 8 . The establishment herein of a vested property right shall not preclude the application of ordinances or regulations which 3 are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. ALTERNATIVES: 1. Council may find that an extension of vested rights is not in the best interest of the City and future development should comply with current land use policies and code requirements. 2 . Council may find that the extension of vested rights should only be extended specifically for Jeffrey Yusem of Yusem Corporation. RECOMMENDED MOTION: "I move to adopt Ordinance 13 , Series of 1995, granting a five month extension of vested rights status for 1000 East Hopkins. " CITY MANAGER'S COMMENTS: Ordinance 13, Series of 1995 EXHIBITS: A. Ordinance 8, Series of 1991. B. Proposed Schedule for Demolition/Reconstruction of the Valley Hi and Extension Request 4 EXHIBIT A ORDINANCE NO.8 (SERIES OF 1991) AN ORDINANCE OF THE CITY OF ASPEN GRANTING FINAL SUBDIVISION/PUD DEVELOP IT PLAN APPROVAL, CONDOMINIUMIZATION, GMQS EXEMPTION, AND VESTING OF DEVELOPMENT RIGIntS FOR FOUR FREE MARKET UNITS AND FOUR AFFORDABLE HOUSING UNITS AT 1000 EAST HOPKINS (LOTS A AND K . OF BLOCK 25 AND LOTS H, I, AND S BLOCK 26, TOWNSITE OF ASPEN) WHEREAS, the Valley Hi Development Trust ( "A_pclicant" ) submitted to the Planning Office an application for a Final Subdivision/PUD Development Plan , Stream Margin review, Condominiumization, GMQS Exemption for Affordable Housing and vesting of development rights to reconstruct eight units at 1000 East Hopkins Ave . The plan was designed in accordance with an April 1990 legal settlement ( "Settlement".) between the City of Aspen and the Applicant; and WHEREAS, the application was reviewed by the Engineering Department, the Aspen Consolidated Sanitation District, the Fire Marshal , the Water Department , the Housing Authority , and the Planning Office and those agencies submitted referral comments ; and WHIPEAS, cn December 4 , 1990 , the Aspen Planning and Zoning Comm ission approved Stream Margin Review with n` nS and forwarded a recommendation. to City Council to accrcve Final c”..-,Ai v.ision/PAD review with conditions , including variances to he t setback; d :__gh and rear se -., and WHEREAS, pursuant to Sections 24-7-1004 D . 2 . 'b . , 2-4-7- 903 , 24-7-1007 , and 24-S-104 C . 1 . c. of the Aspen Municipal Code, the City Council may grant approval to Final Subdivision, PUD 1 Development Plans , Condominiumization, and GMQS Exemption for Affordable Housing; and WHEREAS, the Aspen City Council having considered the Planning and Zoning Commission ' s and Planning Office ' s recommendations, does wish to grant the Final Subdivision/PUD Development Plan approval with conditions as well as Condominiumization, GMQS Exemption for Affordable Housing, and Vesting of Development Rights for three years for the development of four free market units and four deed restricted units at 1000 East Hopkins . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That it does hereby Grant Final Subdivision/PUD Approval with the conditions recor.m ended by the Planning and Zoning Cc-mission and the Planning Office and amended by Cite. Council for four free market units and four deed restricted affordable housing units . Section 2 . In order to accommodate the affordable housing units , in accordance with Section 7-903 of the Land the L_�.d U__ Code , City Council approves a PUDD variance to allow a zero (0) foot rear setback for the portion of the structure containing affordable housing, and a height variance of two (2 ) feet to the R-YF height limit restricted to the rear two-thirds (2/3 ) of the building . Section 3 : 2 • The City Council also approves Condominiumization for all eight units and Growth Management Exemption for the four affordable housing units . Section 4 : The conditions of approval which apply to this project are: 1 . A Subdivision Agreement shall be recorded concurrently with the Final Plat. 2 . The garage entry drive must not exceed 12% grade for a 20 ' distance from the property line. 3 . Excavation permits are required for curb and gutter and sidewalk improvements and for any other work in the public right- of-way. 4 . The applicant shall agree to join a . Special Improvement District if one is ever formed . 5 . The Applicant shall pay for sewer line improvements as determined by the Sanitation District . 6 . Heavy vehicle access must be provided for sewer line maintenance . 7 . The drainage plan for the site shall include oil and sand interceptors for the garage . Surface run-off shall not enter the sanitary sewer . 8 . Fire alarm and sprinkler systems shall be des- cned and installed as per the Fire Marshal ' s recuirements . 9 . The • Planning Director shall sign off on a GMQS Exe- pti p, for the replacement of four free market dwelling units . 10 . No demolition shall occur prior to issuance of a building 3 • permit. 11 . The four affordable housing units shall be indexed to the Housing Guidelines for category #3 (one unit) and category #4 three units) for sale purposes . For rental purposes, all four unit shall be indexed at category #2 . 12 . Twelve (12) underground parking spaces shall be provided according to the Settlement and parking variance allowed by the PUD review process . Four (4 ) of these spaces shall be allotted to the affordable housing units . 13 . A two (2 ) foot variance to the RmF zone height restriction is limited to the rear 2/3 of the building to acco-mcdate the affordable housing units . 14 . A variance to allow a zero (0) foot setback shall he limited to the building area containing the affordable housing units . 15 . Prior to recordation, a fifteen (15) foot trail easement shall be dedicated cn the plat subject to approval by Engineering and Planning. 16 . Condominium plat and condominium declarations shall be approved by the City Engineer and City Attorney prior to recordation. 17 . A $45 , 000 . 00 cash-in-lieu pa\---ent for affordable housing shall be paid prior to issuance of any building permit= for the property . Within 180 days of City Council 's approval of this Final Plat and Final PUD Plan the following must occur: 18 . A Subdivision Plat, "Notice of PUD Designation" , Final PUD 4 Plan and Subdivision/PUD Agreement must be filed with the County Clerk as required by Sections 7-1005 E. , 7-905 and 7-907 of the Land Use Ccde . 19 . All material representations made by the applicant in the application and during . public meetings with the Planning and Zoning Commission, City Council and Historic Preservation Committee shall be adhered to and considered conditions of approval , unless otherwise amended in the conditions . Section 5: That it does hereby grant Vested Rights for the 1000 East Hopkins Stream Margin review and Final Subdivision/PUD • Development Plan . The rights granted by the site specific development plan shall remain vested for a period of three (3 ) years from the effective date hereof . However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights . Failure to properly record all plats and agreements required to be recorded by the Land Use Code shall also r== it in the forfeiture of said vested property rights . Section 6 : That the City Clerk be and here by is directed , pc., the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder . Section 7 : A public hearing on the Ordinance shall be held on the /3 day of //k2-c_7 1991 at 5 : 00 P .M. in the City Council Chambers , 61 5 Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which a hearing of public notice of the same shall be published in a newspaper of general circulation within the City of Aspen . INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, b_yy the City Council of the City of Aspen on the - day of � �c 44_,E _ , 1991. y4 William L. Stirling, Mayor A EST: mor Kathryn Roc , City Clerk EINALLY, adopted, passed and approved this M day of , 1991 . William L. Stirling, Ma cr ATTEST: Kathryn S.! Koch, City Clerk • jtkvj /1000hop . ord 6 Qrc>. vmhne...2 1 '3 EXHIBIT B j7\ I l I 1995 DAVID GIBSON. AIA January 12, 1995 AUGUST RENO, ALA Ms. Leslie Lamont SCOTT Aspen/Pitkin Planning Department SMITH. 130 South Galena St. ALA Aspen, Colorado 81611 • RE: 1000 East Hopkins Avenue �� i�j' �� �_- r1 _1 Timeline for Building Permit If,IIY IiM•1 Dear Leslie: GIBSON • RENO• We have been retained to prepare building permit drawings for AR FI 1111T c c E s new development on the 1000 E. Hopkins site which conform to the approved Subdivision Agreement of 12/3/91. 210 E. HYMAN I understand that Jeff Yusem has requested an extension of N°202 Vested Rights in order to permit adequate time to prepare the necessary documents. I would concur that additional time is ASPEN needed, and a conservative schedule for such an effort is COLORADO approximately as follows: 81611 1. Pre-Design Meeting with Planning 303.925.5968 &Housing Official Jan. 20, 1995 FACSIMILE 2. Technical Explorations Jan.12-Feb.10th 303.925.5993 a. Soils testing b. Site Survey 3. Design Drawings Feb. 13-Mar.17th P.O. BOX 278 4. Design Development Phase Mar.20-May 12th 117 N. WILLOW 5. Detailed Drawings Phase May 15-Aug. 11 N°2 a. Civil Engineering b. Structural Engineering TELLURIDE 6. Submit Drawings for Building Aug. 15 COLORADO 81435 Permit Review 7. Obtain Building Permit Oct. 16, 1995 303.728.6607 FACSIMILE 303.728.6658 ¶dfl h1l Coon oorma.LOonn EXHIBIT B January 10, 1995 To: City of Aspen From: Yusem Corporation RE: Extension of Vested Rights; Valley Hi Apartments We are under contract with the present owner of the above referenced property. Noting that current rights of development expire on June 15, 1995, we request an extension of said rights to November 15, 1995. With the time constraint of performing due diligence, having architectural plans drawn and applying to the Building Department for a building permit we find we are in need of a greater time frame than presently allowed. An additional five months will present a proper sequencing of the above. We took note in our pre-application conference that we would be applying for a building permit during that departments busiest time of the year. We have also spoken with various homeowners who concur with our assessment of time needed. Necessary attachments and fee are enclosed. 215 S. Monarch St., Suite 104 Aspen, Colorado 81611 (303) 920-2180 (303) 925-5180 FAX _ 7 AN I 1 I995 DAVID-. GIBBON. AIA January 12, 1995 AUGUST RENO, AIA Ms.Leslie Lamont SCOTT Aspen/Pitkin Planning Department SMITH. 130 South Galena St. ^I^ Aspen, Colorado 81611 RE: 1000 East Hopkins Avenue � i�^!'; sel Timeline for Building Permit �-�Yr_; . Dear Leslie: GIBSON • RENO We have been retained to prepare building permit drawings for ^ R C HI T E C T SS new development on the 1000 E. Hopkins site which conform to the approved Subdivision Agreement of 12/3/91. 210 E. HYMAN I understand that Jeff Yusem has requested an extension of N°202 Vested Rights in order to permit adequate time to prepare the necessary documents. I would concur that additional time is ASPEN needed, and a conservative schedule for such an effort is COLORADO approximately as follows: 81611 1. Pre-Design Meeting with Planning 303.925.5968 &Housing Official Jan. 20, 1995 FACSIMILE 2. Technical Explorations Jan.12-Feb.lOth 303.9255993 a. Soils testing b. Site Survey 3. Design Drawings Feb. 13-Mar.17th P.O. BOX 278 4. Design Development Phase Mar.20-May 12th 117 N.WILLOW • 5. Detailed Drawings Phase May 15-Aug. 11 N°2 a. Civil Engineering b. Structural Engineering TELLURIDE 6. Submit Drawings for Building Aug. 15 COLORADO 81435 Permit Review 7. Obtain Building Permit Oct. 16, 1995 303.728.6607 FACSIMILE 303.728.6658 Ms. Leslie Lamont January 12, 1995 1000 East Hopkins Ave. page 2 For a 15,000 square foot mixed use multifamily project with underground parking garage, this is a realistic schedule for preparation and approval of the required documents and we - would recommend that Mr. Yusem's request for an extension, therefore be granted. Respectfully y•. /9/Zie David F. Gibson, AIA cc: Rick Neilly, Esq. Jeff Yusem Via MEMORANDUM TO: Mayor and Council THRU: Bill Efting, Acting City Manager THRU: Stan Claus munity Development Director FROM: Leslie Lamont, Deputy Director DATE: February 27, 1995 RE: Valley Hi Vested Rights Extension - First Reading Ordinance 13, Series of 1995 SUMMARY: The Valley Hi apartments, 1000 East Hopkins Avenue, are under contract. The potential purchaser, Jeffrey Yusem, has requested a five month extension of vested rights status. Unlike the previous vested rights extension request, staff recommends approval of this extension request. APPLICANT: Jeffrey Yusem LOCATION: 1000 East Hopkins, Aspen ZONING: Residential Multi-Family (R/MF) BACKGROUND: The Valley Hi is a nineteen unit, free market, apartment building housing approximately 60 working residents. In June of 1991, the Valley Hi Development Trust was granted subdivision approval for a site specific development plan. The property was to be demolished and rebuilt as a multi-family building containing four free-market units and four deed restricted units, a twelve car garage and $45, 000 cash-in-lieu payment for 3 deed restricted bedrooms that were not to be built on-site. This redevelopment plan was created and approved as part of a lawsuit settlement between the City and the Valley Hi Trust. The site specific development plan was adopted in June, 1991, pursuant to Ordinance 8, Series of 1991. The Ordinance also granted vested rights for a period of three years. Please see Ordinance 8 approving the subdivision, Exhibit A. Vested rights status was to expire on June 15, 1994 . However, in 1992 , the applicants requested an extension for an additional 2 years to June 15, 1996. Council only extended the vested rights for one additional year to June 15, 1995 . Council recently denied further request for a two-year extension of vested rights, finding that within that time frame new development should comply with changes in the Aspen Land Use Code in order to be consistent with current land use regulations, polices, and visions of the community. APPLICANT'S REQUEST: Jeffrey Yusem is attempting to purchase the Valley Hi property for redevelopment. Mr. Yusem requests a five month extension of vested rights. Currently vested rights will expire June 15, 1995. The extension request will preserve the vested rights until November 15, 1995. STAFF COMMENTS: There have been many issues surrounding the current apartment complex and vested rights extension requests. Staff believes there is a significant difference between this extension request and the prior request. The current request is based upon a demolition/construction time schedule for redevelopment of the property. The request does not contemplate substantial amendments to the approved plan. Previous extension requests were unaccompanied by redevelopment schedules. Moreover, the property owners appeared to have poorly maintained the building and failed to monitor its tenants. The applicant, Jeff Yusem, has been working with architects and staff to develop a realistic demolition/construction schedule for redevelopment. According to the time schedule prepared by his architects, it is not feasible to expect the issuance of any building permits until mid-October of this year. The original subdivision/PUD approval was based upon conceptual drawings. In order to submit for a building permit, detailed drawings must be developed including civil and structural drawings. Site and soil explorations must be conducted. Please see the proposed schedule and extension request, exhibit B. Due to the applicant' s due diligence and desire to redevelop the property in a timely manner, staff recommends a five month extension of vested rights status for the Valley Hi finding that the redevelopment of the property, based upon the approved subdivision/PUD development plan, is in the best interest of the immediate neighborhood and the City of Aspen. This approval is expressly conditioned upon title transfer to Jeffrey Yusem. RECOMMENDATION: Staff recommends approval of the request to extend the vested rights status of the Valley Hi site specific development plan with the following conditions: 1. The extension of vested rights shall be for five months to November 15, 1995. 2 . The applicant shall maintain the property in an orderly fashion and all rubbish and refuse shall be removed in a timely manner. 2 3 . The Valley-Hi Apartments shall be maintained in a clean and orderly condition until such time as they are demolished prior to redevelopment pursuant to ordinance 8, 1991. 4 . The rights granted by the site specific development plan approved by this Ordinance shall remain vested for a total of four years and five months from June 15, 1991, the date of publication of Ordinance No. 8, Series of 1991. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. 5. The rights granted by the site specific development plan approved by this Ordinance are specifically conditioned upon the transfer of title to the property to Jeffrey Yusem of Yusem Corporation for redevelopment. 6. The approval granted hereby shall be subject to all rights of referendum and judicial review. 7 . Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations or ordinances or the City provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. 8 . The establishment herein of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. ALTERNATIVES: 1. Council may find that an extension of vested rights is not in the best interest of the City and future development should comply with current land use policies and code requirements. RECOMMENDED MOTION: "I move to read Ordinance 13 , Series of 1995. " "I move to approve Ordinance 13 , Series of 1995, on first reading, granting a five month extension of vested rights status for 1000 East Hopkins. " CITY MANAGER'S COMMENTS: 3 Ordinance 13, Series of 1995 EXHIBITS: A. Ordinance 8, Series of 1991. B. Proposed Schedule for Demolition/Reconstruction of the Valley Hi and Extension Request 4 ORDINANCE 13 (SERIES OF 1995) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A FIVE MONTH EXTENSION OF VESTED RIGHTS APPROVED BY ORDINANCE 8, SERIES OF 1991 FOR THE SITE SPECIFIC DEVELOPMENT PLAN APPROVED FOR THE 1000 EAST HOPKINS PARCEL, THE VALLEY-HI APARTMENTS, LOTS A, H, I, K, & S BLOCKS 25 AND 26 PLUS THE REMAINDER OF VACATED CLEVELAND STREET, CITY OF ASPEN, COLORADO. WHEREAS, pursuant to Section 24-6-207 of the Aspen Municipal Code, City Council may grant an extension of vested rights status for a site specific development plan; and WHEREAS, in June of 1991, City Council adopted Ordinance 8, Series of 1991, approving the redevelopment of the Valley-Hi property and granting vested rights status for three years from the approved date of said Ordinance; and WHEREAS, in November of 1992 , City Council granted a one year extension of the vested rights status for the Valley-Hi site specific development plan thereby extending the vested rights to June 15, 1995 (Ordinance No. 57, Series of 1992) ; and WHEREAS, as a condition of granting the vested rights extension, City Council required the applicant to make specific repairs and upgrades of the building and implement a management and maintenance plan for the building; and WHEREAS, Council also recommended that the applicant seek another extension when those upgrades are completed and the applicant can demonstrate to Council that proper management of the building is occurring; and WHEREAS, the applicant requested another vested rights extension for two additional years in October 1994 ; and 1 WHEREAS, the City Council denied the extension request finding that new development should comply with changes in the Aspen Land Use Code in order for new development to be consistent with new land use regulations, polices, and visions of the community; and WHEREAS, a potential purchaser of the property has developed a specific redevelopment schedule and now requests to extend the vested rights for five months in order to prepare and submit building plans, and pull a building permit in a timely fashion; and WHEREAS, the City Council, having considered the request for an extension of vested rights and having found that the purchaser has sufficiently demonstrated that building plans cannot be adequately reviewed and a permit issued before the vested rights expire in June, 1995, does wish to grant the requested extension of vested rights to for five months beyond the approval granted in Ordinance No. 57, Series of 1992 , for the 1000 E. Hopkins parcel on condition that title to the property is transferred to Jeffrey Yusem. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: Pursuant to Section 24-6-207 of the Municipal Code, City Council does hereby grant the applicant an additional five month extension for the vested rights approved by Ordinance No. 8, Series of 1991, for the 1000 East Hopkins parcel, with the following conditions: 1. The extension of vested rights shall be for five months to November 15, 1995. 2 . The applicant shall maintain the property in an orderly 2 fashion and all rubbish and refuse shall be removed in a timely manner. 3 . The Valley-Hi Apartments shall be maintained in a clean and orderly condition until such time as they are demolished prior to redevelopment pursuant to Ordinance 8, 1991. 4 . The rights granted by the site specific development plan approved by this Ordinance shall remain vested for a total of four years and five months from June 15, 1991, the date of publication of Ordinance No. 8, Series of 1991. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. 5. The rights granted by the site specific development plan approved by this Ordinance are specifically conditioned upon the transfer of title to the property to Jeffrey Yusem of Yusem Corporation for redevelopment. 6. The approval granted hereby shall be subject to all rights of referendum and judicial review. 7 . Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations or ordinances or the City provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. 8. The establishment herein of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. Section 2: The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulations within the City of Aspen no later than fourteen (14) days following final adoption hereof. Such notice shall be given in the following form: Notice is hereby given to the general public of the approval 3 of a site specific development plan, and the creation of a vested property right pursuant to Title 24 , Article 68, Colorado Revised Statutes, pertaining to the following- described property: "1000 East Hopkins, Lots A,H, I,K, and s, Blocks 25 and 26" The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. Section 3: That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 5: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: A public hearing on the Ordinance shall be held on the 13 day of March, 1995 at 5: 00 P.M. in the City Council Chambers, Aspen 4 City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published one in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 27 day of February, 1995 . John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this day of , 1995 . John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk 5 ¶unoQ .o CooilDomfcnonn EXHIBIT B January 10, 1995 To: City of Aspen From: Yusem Corporation RE: Extension of Vested Rights; Valley Hi Apartments We are under contract with the present owner of the above referenced property. Noting that current rights of development expire on June 15, 1995, we request an extension of said rights to November 15, 1995. With the time constraint of performing due diligence, having architectural plans drawn and applying to the Building Department for a building permit we find we are in need of a greater time frame than presently allowed. An additional five months will present a proper sequencing of the above. We took note in our pre-application conference that we would be applying for a building permit during that departments busiest time of the year. We have also spoken with various homeowners who concur with our assessment of time needed. Necessary attachments and fee are enclosed. 215 S. Monarch St., Suite 104 Aspen, Colorado 81611 (303) 920-2180 (303) 925-5180 FAX .--- --_" 'fit, i a,�� ,a - ;::,� •• �.� -.1t, O'4", /o'= A - - CAS . 9 ,`' • p ■ 2./'a- ARDAMOAE i! ,Y 4N:- G9ir r.% o a ••• ...0- D 9F . .. OP., c F y h 4 t p.'`9 7.. S' 9 \yam E; • A94- S '12. �m .4 •• . ,• I j.i�4- 1 t;- • • II it 41 i 5j � .t• • •7• PARK CR :21; '• • e C.) 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FIRST ST n\� Ldp -ma-'fir •ts • • N i FIRST ST oc.rn _ min 34 '? �gQ G� 1 N SEA SSE ONO ST ni I n CI 1 V. C9 yj+ r • • I c2 N in S T• :0 ST'' -a - cT tO9`m f r.p OURTH ST E FOURTH ST a Ori G q a 9 .J m it ' o �` ' ° n Ii 2 I N 1 FIFTH 1 ST S FIFTH ST 2.'4, ; L• S r O _ - , 1� y I ' I s =I �m \-4 �� N k SIXTH' ST S SIX HST 1 ��� y Z J � - " ' I y■ r, - c r° 13A= N S ` NTHI T Ic SEV NT s ° o N l n DAVID GIBSON, MA January 12, 1995 AUGUST RENO, AIA Ms. Leslie Lamont SCOTT Aspen/Pitkin Planning Department SMITH. 130 South Galena St. MA Aspen, Colorado 81611 RE: 1000 East Hopkins Avenue ;fa, a, Timeline for Building Permit ‘e..•IIIIRI IYi 91 iOlios e Dear Leslie: GIBSON . RENO We have been retained to prepare building permit drawings for x II I I I II new development on the 1000 E. Hopkins site which conform to the approved Subdivision Agreement of 12/3/91. 210 E. HYMAN I understand that Jeff Yusem has requested an extension of N"202 Vested Rights in order to permit adequate time to prepare the necessary documents. I would concur that additional time is ASPEN needed, and a conservative schedule for such an effort is COLORADO approximately as follows: 81611 1. Pre-Design Meeting with Planning 303.925.5968 &Housing Official Jan. 20, 1995 FACSIMILE 2. Technical Explorations Jan.12-Feb.10th 303.925.5993 a. Soils testing b. Site Survey 3. Design Drawings Feb. 13-Mar.l7th PD. BOX 278 4. Design Development Phase Mar.20-May 12th 117 N. WILLOW 5. Detailed Drawings Phase May 15-Aug. 11 N°2 a. Civil Engineering b. Structural Engineering TELLURIDE 6. Submit Drawings for Building Aug. 15 COLORADO Permit Review 81435 7. Obtain Building Permit Oct. 16, 1995 303.728.6607 FACSIMILE 303.728.6658 Ms. Leslie Lamont January 12, 1995 1000 East Hopkins Ave. page 2 For a 15,000 square foot mixed use multifamily project with underground parking garage, this is a realistic schedule for preparation and approval of the required documents and we would recommend that Mr. Yusem's request for an extension, therefore be granted. Respectfully ys.. / ' Se David F. Gibson, MA cc: Rick Neilly, Esq. Jeff Yusem ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone 920-5090 FAX 920-5439 MEMORANDUM TO: City Attorney Aspen Fire Protection District FROM: Leslie Lamont, Planner RE: Valley Hi Extension of Vested Rights Parcel ID No. 2737-182-01-003 DATE: January 11, 1995 Attached for your review and comments is an application submitted by the Yusem Corporation Please return your comments to me no later than January 30. Thank you. ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 FAX# (303) 920-5197 January 11, 1995 Jeff Yusem Yusem Corporation 215 S. Monarch, #104 Aspen, CO 81611 Re: Valley Hi Extension of Vested Rights Case A2-95 Dear Jeff, The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. We have scheduled this application for 1st Reading before the Aspen City Council on Monday, February 13, 1995 at a meeting to begin at 5:00 p.m. Second Reading and Public Hearing will be on March 13, 1995. Should these dates be inconvenient for you, please contact me within 3 working days of the date of this letter. After that the agenda dates will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting dates, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please note that it is your responsibility to mail notice to property owners within 300' and to post the subject property with a sign at least ten (10) days prior to the public hearing. Please submit a photograph of the posted sign as proof of posting and an affidavit as proof of mailing prior to the public hearing. If you have any questions, please call Leslie Lamont, the planner assigned to your case, at 920- 5101. Sincerely, uz. e L. Wolff Administrative Assistant cc.ph MEMORANDUM To: Leslie Lamont, Planning Office From: Chuck Roth, Engineering Department Cir Date: March 16, 1995 Re: Valley Hi Insubstantial Plat Amendment (1000 East Hopkins Avenue,; Lot S, Block 26, portion vacated Cleveland Street, and Lot K, Block 25, E.A.T.) Having reviewed the above referenced application, and having made a site inspection, the Engineering Department has the following comments: 1. PUD Plat - The original recorded PUD plat did not contain the proposed approved site plans. The plat amendment should include those plans. 2. Encroachments - Existing fences and the trash area encroach into the public right-of-way. The plat amendment must include a note that encroachments will be removed at the time of development. 3. Storm Runoff - The original approvals did not specify compliance with Municipal Code subdivision design standards for storm runoff. It should be a condition of approval for this amendment that the development of the property meet storm runoff requirements of Section 24-7- 1004.C.4.f. This would provide for only historic storm runoff to be permitted to leave the site. 4. Sidewalk. Curb and Gutter - The previous approvals do not refer to sidewalk, curb and gutter requirements although application site plans may have included the improvements. The site plan submitted with the amendment application shows sidewalk curb and gutter. Sidewalk may be built, and will be required to be built. However curb and gutter may not be constructed in segments by projects because of problems arising from conveying street drainage to adjacent properties. Constructing curb and gutter generally requires simultaneous construction of storm drains and inlets. To meet City Code requirements (Sec. 19-98), the applicant must sign and notarize a curb and gutter improvement agreement, and provide recording fees, prior to signing the final plat. The agreement will require the applicant to construct curb and gutter if and when directed by the City. 5. Driveway - The proposed driveway change appears acceptable. The proposed use of the alley public right-of-way is unusual but reasonable with the site conditions. The application refers to a 30"retaining wall. The wall should be required to have a railing on it for public safety. 6. Trail Easement - The original approvals were incorrectly mapped on the recorded plat. The northerly boundary of the trail easement was required to be coincident with the 100-year floodplain boundary. For this application, a condition of approval should be provided which states the following: The amended plat shall contain a note that the applicant grants a 20 foot construction easement and a 15 foot trail easement, the location to be determined by mutual consent between the applicant and the City. The reason for the wider construction easement is to permit construction of retaining walls and/or laid back slopes as necessary alongside the trail. The applicant has indicated willingness to consider permitting the City to access through the parcel for trail construction at the time the property is developed so that the trail construction can be performed at the same time and not later. This should be included in the conditions of approval. 7. Street Light - There is an existing street light that is adjacent to the site. The light is a cobra head style fixture on a utility pole from which overhead utilities were removed during the 1988-91 utility undergrounding project. The applicant should be required to replace the street light with a standard City antique street light. 8. Utilities - Any new surface utility needs for pedestals or other equipment must be installed on an easement provided by the applicant and not in the public right-of-way. 9. Previous Conditions of Approval - The approving ordinance should stipulate that the conditions of approval of Ordinance No. 8 (Series of 1991) remain in effect. 10. Plat Amendment - The plat amendment must meet the requirements of Section 24-7-1004.D. The recorded plat is lacking a legend, and there are unexplained symbols on the plat. There is a fence which is not labeled. The plat should also label the top of bank. 11. Plat Title - The application has been referred under the name Valley Hi. Does the applicant propose to change the name of the PUD? If so, a note on the plat must be provided that refers to the original plat and that states that the name has been changed. 12. Work in the Public Right-of-way - Given the continuous problems of unapproved work and development in public rights-of-way adjacent to private property, we advise the applicant as follows: The applicant shall consult city engineering (920-5088) for design considerations of development within public rights-of-way, parks department (920-5120) for vegetation species, and shall obtain permits for any work or development, including landscaping,within public rights-of-way from city streets department(920-5130). 13. Alley Right-of-way - The applicant has discovered deeds which appear to have conveyed the alley to the property owner in the late 1800's. The Official City Map does not indicate that the alley is vacated. The 1000 East Hopkins Avenue Townhouses plat that was approved by the city and filed on December 6, 1991, does not indicate a vacated alley and acknowledges the alley right- of-way. Amending the plat to reflect a vacated alley would be of major concern to the City and would not qualify as an insubstantial PUD amendment. cc: Cris Caruso,City Engineer Jeff Yusem (920-2180) Dave Gibson (FAX 925-5993) M95.72 Walamm CCoqpurmtEo m January 10, 1995 To: City of Aspen From: Yusem Corporation RE: Extension of Vested Rights; Valley Hi Apartments We are under contract with the present owner of the above referenced property. Noting that current rights of development expire on June 15, 1995, we request an extension of said rights to November 15, 1995. With the time constraint of performing due diligence, having architectural plans drawn and applying to the Building Department for a building permit we find we are in need of a greater time frame than presently allowed. An additional five months will present a proper sequencing of the above. We took note in our pre-application conference that we would be applying for a building permit during that departments busiest time of the year. We have also spoken with various homeowners who concur with our assessment of time needed. Necessary attachments and fee are enclosed. 215 S. Monarch St., Suite 104 Aspen, Colorado 81611 (303) 920-2180 (303) 925-5180 FAX JAN I ! 1995 CONSENT AND AUTHORIZATION TO PROCESS LAND USE APPLICATION The undersigned owner hereby authorizes Herbert S. Klein, P.C. , attorneys and Jeffrey Yusem to process on its behalf an application for an extension of vested development rights and minor amendments to the conditions of the City of Aspen land use approvals for the Valley-Hi Apartments, 1000 East Hopkins Avenue. This authorization includes any and all necessary applications which in any manner deal with said property. DATED: i/ii /q5 VALLEY-HI DEVELOPMENT TRUST, a Colord general partnership I BY: /AUS RALIAN INVESTMENT CORPORATION, Itt Its ez\e al Partner By /0/' chard Y. Neiley, Jr. , Secretary and thorized agent for Valley-Hi Development Trust ATEKEMENT 1 USE APPLICATION FUR( 1) Project Name /pym� /7// 2) Project location /DD0/r /4Zwf yw e_ (indicate street address, lot & block number, legal description where appropriate) 3) Present Zoning 4) lot Size // 3 - S3 Z SV . fl. 5) Applicant's Name, Address & Thorne 4 e- /a^ 4hd t o s - // 6) Representative's Name, Address & Phone # e t/ec /cti— 9L(t700 je ren yzo z/®o 7) Type of Application (please.check all that apply):_ _ Conditional Use _ Conceptual SPA _ Conceptual Historic Dev. Special Review _ Final SPA _ Final Historic Dev. _ 8040 G eeriline _ Conceptual RID _ Miner Historic Dev. • _ Stream Margin _ Final. POD _ Historic Demolition Mountain View Plane _ Subdivision _ Historic Designation Qrdani niumi 7atlm _ Text/Map Amendment _ OW Allotment • lot Split trst GM2S Exemption Adjustment 8) Description of Existing Uses (ranter and type of existing structures; approximate sq. ft.;ft.; n mber of bedroc ms; any previous approvals granted to the 10) Have you attached the following? Response to Attachment 2, Minimum Submission Contents Response to Attachment 3, Specific Submission Contents Response to Attachment 4, Review Standards for Your Application ////L// c 2_ L__ CITY OF ASPEN /( p rREAPPLICATION CONFERENCE SUMMARY PROJECT\L t .L. - I t i APPLICANT'S REPRESENTATIVE 1C X c4 O�2.1/�-. I REPRESENTATIVE'S PHONE: Cc) — t) U 1 C� r3 OWNER' S NAME: SUMMARY q .� 1. Type of Application: J'Sl( Crnt1�.t� v� 1 J-49,4 1 ) r i lvw✓) 2 . Describe action/type of development being requnested: v�� f) 1 i ■th)(7437 ----a' -2 5iQRC.tiC C C(- 0 9--C- tnn-N____ 3 . Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Agent Comments Water Dept. contact for tap fee requirements - t411---- - 4 . Review is_ n (P&Z •nly , CC Only) (P&Z then to CC) 5. Public Heearirn'g: /, (YES) (NO) 6. Number of copies of the application to be submitted 7 . What fee was applicant requested to submit: I0'�CO (-) C 8. Payment form Attached for signature: , (YES) (NO) 9. Anticipated date of submission: `,d -L.& Li 10. COMMENTS/UNIQUE CONCERNS: frm.pre_app ATE 1 ` /USE/ CATION ELI 1) Project Name /0/747 2) Project location /4060 /_' y/c w r v e- (indicate street address, lot & block =bar, legal description where appropriate) 3) Present Zoning 44)) lot Size / 3/ 637- 5+3- 5) Applicant's Name, Addresss & Phone # /Je'� ���0^ �s"-rr/ro•�- V C J /JD.��itich ft Ju.� /D� //7 oe �/ o-/tiff 6) Representative's Name, Address & Phone # /�dir t i- 92r• -7 O0 7) Type of Application (please.check all that apply) Conditional Use _ Ql SPA Cornaptual Historic Dew. Special Review _ Final SPA _ Final Historic Dev. _ 8040 Green line _ Conceptxn]. POD _ Minor Historic Dev. Stream Margin _ Final lCD _ Historic Demolition nliti ?Sartain tain View Plane _ Subdivision _ Historic Designation cczdaninitmizatia _ Text/Map Amendment _ G435 Allotment _ Iat Split/Iot I,,,w Gt4;45 Exemption Adjustment 8) Description of Existing Uses (amber and type of existing strictures; approximate sq. ft.; comber of bedrooms; any previous approvals granted to the 10.o.t,/�r?fit//S cpmerp 9) nee.. X. env S/ 1 c� gel d /llQ NA 10) Have you attached the following? Response to Attachment 2, Minimum Submission Omitants Response to Attachment 3, Specific Submission its Rest:a a to Attachment 4, Review Standards for Your Application l.'t; 24-6S-104. Vested property right - duration - termination. (1) A property right which has been vested as provided for in this article shall remain vested for a period of three years. This vesting period shall not be extended by any amendments to a site specific development plan unless expressly author- - ized by the local government. (2) Notwithstanding the provisions of subsection (I) of this section, local governments are hereby authorized to enter into development agreements with landowners providing that property rights shall be vested for a period exceeding three years where warranted in light of all relevant circumstances, = including, but not limited to, the size and phasing of the development, eco- nomic cycles, and market conditions. Such development agreements shall be adopted as legislative acts subject to referendum. (3) Following approval or conditional approval of a site specific develop- . ment plan, nothing in this article shall exempt such a plan from subsequent _ reviews and approvals by the local government to ensure compliance with • the terms and conditions of the original approval, if such reviews and approv- als are not inconsistent with said original approval. Source: L. 87, p. 1839, § 1. • • CONSENT AND AUTHORIZATION TO PROCESS LAND USE APPLICATION The undersigned owner hereby authorizes Herbert S. Klein, P.C. , attorneys and Jeffrey Yusem, to process on its behalf an application for an extension of vested development rights and minor amendments to the conditions of the City of Aspen land use approvals for the Valley Hi Apartments, 1000 E. Hopkins Ave. This authorization includes any and all necessary applications which in any manner deal with said property. Dated: January 3, 1995 . OWNER: VALLEY-HI DEVELOPMENT TRUST, A COLORADO GENERAL PARTNERSHIP BY: Australian Invest -nt Corporation, a Colorado Corporation, its General Partner _ p' .aAA/L .A. Carl. B. Linne r e, President yusem\cpa JAN 1 11995 CONSENT AND AUTHORIZATION TO PROCESS LAND USE APPLICATION The undersigned owner hereby authorizes Herbert S. Klein, P.C. , attorneys and Jeffrey Yusem to process on its behalf an application for an extension of vested development rights and minor amendments to the conditions of the City of Aspen land use approvals for the Valley-Hi Apartments, 1000 East Hopkins Avenue. This authorization includes any and all necessary applications which in any manner deal with said property. DATED: i/it /q3 VALLEY-HI DEVELOPMENT TRUST, a Color d general partnership BY: A S RALIAN INVESTMENT CORPORATION, Its a al Partner V / By chard Y. Neiley, Jr. , Secretary and thorized agent for Valley-Hi Development Trust 443392' - 17../0&/61 ] . = ! Re:. u.4�. i , , ITH 663 FE 863 Cr.-.\. Clerk: ;'c-c e , 0C. • SUBDIVISION AGREEMENT FOR 1000 EAST HOPKINS AVENUE ASPEN, COLORADO THIS SUBDIVISION AGREEMENT is made and entered into by and between VALLEY-HI DEVELOPMENT TRUST, a Colorado general partnership ( "Owner" ) , and THE CITY OF ASPEN, COLORADO ( "the City cf Aspen" ) pursuant to 57-1005 of the Municipal Code of the City of Aspen . WHEREAS , the Owner has submitted to the City of Aspen for approval , execution and recordation the final Plat of the 1000 East Hopkins Townhouse Condominiums for a tract of land situated within the City of Aspen, more fully described as follows : Lots K and S , Blocks 25 and 26 , Lots H, I and A, Blocks 25 and 26 , plus remainder of vacated Cleveland Street, County of Pitkin, State of Colorado, with a street address of 1000 East Hopkins Avenue , Aspen, Colorado 81611 (the "Plat" ) ; and WHEREAS , the City of Aspen has fully con= iriored and reviewed the Plat and has determined that it is consistent with the provisions , terns and conditions of that certain Ordinance granting subdivision approval with conditions , which Ordinance was approved by the Aspen City Council on. June 10 , 1991 ( hereinafter "Ordinance No . 8 , Series ofT 1991 " ) ; and WHEREAS , the City of Aspen has imposed certain conditions and recuirements in connection with its approval , execution and recordation of the Plat and the gran_ing of approval p"`O1'^nt to Ordinance No . 8 , Series of 1991 , such matters being deemed neces- sary to promote , protect and enhance the public welfare; and WHEREAS , Owner is willing to acknowledge , accept, abide bV and faithfully perform the conditions and reC :�'2Ilc'a5 ^poCed by the C .._t_ Cf Aspen _ approving the Piet ; and WHEREAS , under the aut....^ _ o' '.°` 24 , r-- ..l c. i Section 7-1005 ( C) and ( D) cf the Municipal Code of City of Aspen, the City of Aspen is entitled, to security and assurance that t rme by the matters hereinafter acre__ to will be faith=�11•, per.g Owner . NOW, THEREFORE , in consideration of the _oregoing premises , the mutual covenants contained herein, and the approval , execution and acceptance of the Plat for recordation by the City of Aspen, it is mutually agreed as follows : fi'.=9253 12/04/91 1Z: 51 Fed $45. 00 BF: 663 Fe 864 • E11V16 De e , P: t Cnty r1er Do, L . U'i I . GENERAL DEVELOPMENT PLAN By Ordinance No . 8 , Series of 1991 , the City of Aspen has granted the Owner approval for the demolition of existing improve- ments on the subject Property and for the construction of four free-market condominium units with a permissible floor area ratio totalling approximately 13 , 380 square feet for the free market units , and for four deed restricted affordable housing units containing not less than 750 square feet each ( 50% of which shall be above grade ) . The total permissible floor area ratio for the subject property shall not exceed 1 . 1 : 1 on parcel 1 of the subject Property. Two-thirds of the additional . 1 floor area ratio shall be used for affordable housing . All improvements shall be constructed in accordance with the Plat submitted to and approved by the City of Aspen. II . STREAM MARGIN REVIEW AND DEDICATION OF TRAILS 1 . Stream Margin Review. No development shall be permitted within one hundred feet, measured horizontally, from the high water line of the Roaring Fork River, such high water line as depicted on the Plat . All approved development shall take place entirely within parcel 1 . 2 . Dedication of Trails . ( a ) Fisherman ' s Easement . Owner hereby dedicates a fisherman ' s easement in the Roaring Fork River including the land measured five feet horizontally from the edge of the river as depicted on the Flat . (b) Trail Easement . Owner hereby dedicates a fifteen foot wide trail easement within the one hundred year flood plain as depicted on the Plat . TII . PLAN ED UNIT DEVELOPMENT "P ROV L AND VARIAN::_ 1 . Roar Yard Set-tack Variance . Owner shall be permitted to construct improvements on cn the subject Property with a zero rear y_ a_rd set-back between parcel 1 and the City of Aspen a`' le`rr ay, limited to the building fcc:.__-n.. nnroccary to accommo- date the affordable housing units as depicted on the Plat . 2 . Her-ht Var__nce . Owner shall be permitted to increase the permissible height for the north two-thirds of the i rovements on the subject by two feet . Parking Recuirements . Owner shall be rectired to construct twelve parking spaces in the underground parking area . Parking spaces shall be assigned one to each affordable housing unit and two to each free market housing unit . No other narking shall be rec2.ired. Affordable housing unit owners shall not be precluded from using free market unit parking spaces on a space available basis and so long as such use does not interfere with free market unit owners ' use of the parking spaces . #379:258 ' ^/OL/91 15: 51 Rec. $45. 00 r 663 RE 865 ci. l 'vie L iE , Ritkin Cnty Clerk . S s . 00: • 4 . Limitation on Development of Parcel 2 . No further development shall be petmitted on parcel 2 of the subject Property. IV. CONDOM_INIUMIZATION AND DEED RESTRICTIONS 1 . Condominiumization. Owner shall be permitted to condominiumize the free-market and the affordable housing units in the configurations depicted on the PUD plan. Owner shall cause to be recorded a Condominium Declaration and Condominium Plat covering all of the condominium units .- 2 . Minimum Lease Teims . All residential units shall be restricted to six month minimum leases , with no more than two shorter tenancies per year in accordance with §7-1007A. 1 (b) of Chapter 24 of the Municipal Code of the City of Aspen. 3 . Affordable Housing Impact Fee . Because Owner shall construct four affordable housing units on the subject Property, the obligation which would otherwise exist pursuant to §7- 1007A.1 (c ) of Chapter 24 of the Municipal Code is hereby waived. 4 . Deed Restriction of Affordable Housinc Units . The affordable housing units shall be deed restricted, and Owner shall enter into resale agreements with the Aspen/Pitkin County Housing Authority providing for the following: (a) Each of the affordable housing units shall be separately condominiumized, with the Condominium Plat depicting each unit as containing at least 750 square feet, two bedrooms , with at least 50% of the square footage being above grade . (b) The affordable housing units , with the exception of the initial sale by Owner to purchasers , shall be listed through the Aspen/Pitkin County Housing Authority . (c ) For purposes cf sale , three of the units shall • be deed restricted to middle income (that is , the highest income category, or category four) price guidelines . One unit shall be deed restricted t0 moderate income , category three price guide- l' nes . (d ) For rental purposes , all of the affordable housing units shall be deed restricted to moderate income, category two price guidelines , but in no event shall the square footage rental be less than $0 . 89 . (e ) For purposes of gu alifyinc purchaseers and/or renters of the affordable housing units , Owner shall rely upon any of the qualification guidelines for any income category as such are established from time to time by the Aspen/Pitkin County Housing Authority. ( f ) Owner shall be entitled to sell an affordable housing unit in conjunction with the sale of a free-market unit regardless of whether or not the purchaser qualifies under afford- . 3 #F73925E 12/O6/91 15: 51 Sec $45. 00 BK 663 FE 866 • Silvia Lay F'it in Cnty Clerk. , Doc 00 able housing guidelines ; provided, however, the affordable housing units shall be occupied by a qualified employee . ( g) Upon, issuance of a building permit for improvements to the subject property, Owner shall pay to the Aspen/Pitkin County Housing Authority a cash-in-lieu amount of $45 , 000 . 00 . V. CONSTRUCTION AND IM_PROVEM_ENTS 1 . Water. Owner shall extend the existing service water line to service the building sites . Domestic water shall be obtained through the City of Aspen Water Department . 2 . Sewer Line . Owner shall extend the existing sewer line to service the building sites . Sewer service shall be provided through the Aspen Consolidated Sanitation District . 3 . Improvement District . Owner shall join an improve- ment district if such district is foamed. 4 . Fire Alarm System . Fire alarm and sprinkler systems shall be designed and installed in accordance with the requirements of the Fire Marshall . 5 . Vegetation/Erosion . Vegetation protection and erosion control methods shall be installed at the northern perimeter of parcel 1 prior to excavation and clearing and shall remain in place throughout construction . 6 . Demolition . Demolition of the existing apartment building on the subject Property shall not occur prior to issuance cf a building permit for new construction, unless deterioration cr casualty to the existing structure requires demolition for health and/or safety purposes . • VI . NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS BY OWNER In the event that the City of Aspen determines that Owner is not acting in substantial compliance with the terms of this Agreement , the City of Aspen shall notify the Owner in writing asking that the Owner remedy the alleged non-compliance within such reasonable time as the City of Aspen may determine , but not less than forty-five days . If the City of Aspen determines that Owner has not complied within such time , the City of Aspen may issue and serve upon Owner a written order specifying the allereA non- compliance and recuiring the Owner to remedy the same within thirty days . Within twenty days of the receipt of such order, Owner may file with the City of Aspen either a notice advising the City cf Aspen that he is in compliance or a written petition rec'uesting a hearing to determine one or both of the following matters : ( a) Whether the alleged non-compliance exists or did exist , or 4 SP7,71,9258 ' :/c.,6/91 15: 51 Re= S45. 0(2 r'v' 663 PS 867 •' Eilvia . 7iE . Fit::in Cnty Clerk I $. 00 (b) Whether a variance , extension of time or amendment to this Agreement should be granted with respect to any such non-compliance which is determined to exist . Upon receipt of such petition, the City of Aspen shall promptly schedule a hearing to consider the matters set forth in the order and in the petition . The hearing shall be convened and conducted pursuant to the procedures normally established by the City of Aspen for other hearings . If the City of Aspen determines by a preponderance of the evidence that a non-compliance exists which has not been remedied, it may issue such orders as may be ap- propriate ; provided, however, no order terminating any approval Granted herein shall be issued without a finding of the City of Aspen that substantial evidence warrants such action and affording the Owner a reasonable time to remedy such non-compliance . A final deteimina*_ion of non-compliance which has not been remedied or for which no variance has been granted may, at the option of the City of Aspen, and upon written notice to the Owner, terminate any of the approvals contained herein which are reasonably related to the requirement( s,) with which Owner has failed to comply . Alternative- ly, the City of Aspen may grant such variances , extensions of time or amendments to this Agreement as it may deem appropriate under the circumstances . In addition to the foregoing, the Owner or his successors or assigns may, on his own initiative , petition the City of Aspen for a variance , an amendment to this Agreement or an extension of one or more of the time periods required for perfoi:uance under the Construction Schedules or otherwise . the City of Aspen may grant such variances , amendments to this Agreement, or extensions of time as it may deem appropriate under the circumstances . VII . EASEMENTS OF RIG TS-OF-WAY The Plat sets forth certain easements and rights-of-way for the use of the owners Cf the improvements on. the Property and the general public and which are C°'' ""ted to the perpetual use of all utility companies and providers for the purpose of installing, constructing, replacing, repairing and maintaining underground utilities and drainage facilities , as more fully set forth on the Plat . VIII . FINANCIAL ASSURANCE At the time Owner proposes to construct improvements on the subject Property, a letter of credit or other financial secur- ity in a form and amount reasonably satisfactory to the City of Aspen shall be provided as security for the completion of such improvements , which amount shall be based upon the estimated costs of constructing said improvements as reflected on the engineer ' s estimates attached hereto as Exhibit A, " unless such financial security is waived by the appropriate administrative body. Such restrictions as appear on the Plat and as are contained in this Agreement shall be fully enforceable by the City of Aspen in accordance with the terms hereof and applicable law, and Owner ' s 5 # 77.7.2_8 47/06/ 1 17: 51 Rec 445. 00 P" 663 Es 868 •' 8� '. via L is , F'itkin Cnty Clerk , C $ . 00 entitlement to development of the subject Property reflected on the Plat shall be dependent upon its performance of the obligations and conditions set forth herein . IX . G . M_. O . S . EXE' PTION Pursuant to §8-107 (A) of Chapter 24 of the Municipal Code of the City of Aspen, Owner has been granted Growth Management Quota System exemption for the replacement of four free-market • Units and the construction of four affordable housing units on the subject Property. X. VESTING OF RIGHTS In accordance with §6-207 of Chapter 24 of the Municipal Code of the City of Aspen, applicable state statutes , and Ordinance No . 8 , Series of 1991 , Owner is hereby granted vested property rights for the purpose of constructing the improvements on the subject Real Property for a period of three years from the effective date of said Ordinance . XII . MISCELLANEOUS 1 . The provisions hereof shall be binding upon and inure to the benefit of Owner and the City of Aspen and their respective successors and assigns . 2 . This Agreement shall be subject to and construed in accordance with the laws cf the State of Colorado . 3 . If any of the provisions of this Agreement or any paragraph, sentence , clause , phrase, word or section of the application thereof in any circumstances is invalidated, such invalidity shall not affect the validity of the remainder cf_ this Agreement, and the application of any such provision , paraaraph, sentence, clause , phrase, word or section in any other circumstance shall not be affected thereby. 4 . This Subdivision Acreement contains the entire urrleretanding between the parties with respect to the transactions contemplated hereunder and may be altered or amended from t.ime to t.me only by written instruments executed by all parties hereto . S . Numerical and title headings contained in this Agreement are for convenience only, and shall not be deemed determinative of the substance contained herein . As used herein, where the context recuires , the use of the singular shall include the plural and the use of any gender shall include all genders . 6 . Notices to be given to the parties to this Acreement shall be considered to be given if delivered or if deposited in the United States mail to the parties by registered or certified mail at the addresses indicated below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns : 6 r--c 12706/91 _ : 51 Rec $4T i! Et': 663 PS 869 r L c T h o r % . !! 611 \ Pi+ Lim Orly The City of Aspen Valley-Hi Development Trust 130 South Galena Street c/o Richard Y . Neiley, Jr . , P .C . Aspen, Colorado 81611 201 North Mill Street, Suite 102 Attn: Planning Director Aspen, Colorado 81611 7 . The terms , conditions , provisions and oblications herein contained shall be deemed covenants that run with and burden the real property more particularly described herein hereto and any and all owners thereof , their successors , grantees or assigns and further shall inure to the benefit of and be specifically enforce- able by or against he parties hereto, their successors , grantees or assigns . 8 . Owner represents and warrants that he is the fee title owner of the subject parcel with full authority to enter into this Agreement, and that any and all persons , firms or entities having any lien, encumbrance or interest in the property have consented to the dedications , restrictions and conditions of approval set forth herein . IN WITNESS WHEREOF, the parties hereto have hereunto executed their hands and seals on the dates and years respectively indicated, in full understanding agreement to the terms and conditions herein contained. Own e r: Date : 1011 lCl\`• i VALLEY HI-DEVELOPMENT TRUST EY:. iAUSTRALIAN INVESTMENT CORP . , H a;;general. partner R ; 1, By 'Richard Y . `Neley, Jr . , c =tart' The City of Aspen: THE CITY OF ASPEN Date : / J Ev / NEC i $a (,n D 663 F - - - ' S L70 F:in _nty Cierb: , n.77 2• "0 . STATE OF COLORADO ss . COUNTY OF PITKIN The foregoing Subdivision Acreement was acknowledged and signed before me this R day of 4 .,,, .., , 1991, by Richard Y.. rNeiley, Jr . as Secretary of Australian Investment Corp . , a ' general partner of VALLEY-HI DEVELOPMENT TRUST . .l WITNESS my hand and official seal . N ` My commission expires : . / •'� Notary Public/ j G STATE OF COLORADO ss . COUNTY OF PITKIN The foregoing Subdivision Agreement was acknowledged and -signed before me this ,nI`( day of /6.-Et i-x r 1991 , by on behalf of the City Council of the City of Aspen. WITNESS my hand and official seal . My commission expires : i' .;i,.�� Notary Public 1 . e:\eo.\r:ni_ry.dnn\sc`d:els.agr 8 he= $4=;. V"' tr. lv1 2 Davis , Fitkin Onty C'een : , Doc g__ CC NOTICE OF PUD DESIGNATION PLEASE TAKE NOTE that on the 10th day of June , 1991, the City Council of Aspen, Colorado, approved development on the following described tract as a Planned Unit Development pursuant to the provisions of Chapter 24 of the Aspen Municipal Code . No development shall occur on the tract except in accordance with such development order and under any conditions that may be imposed thereby. The above referred to land is located within the City of Aspen, Pitkin County, Colorado, and is more fully described as follows : Parcel One A parcel of land situated in E .A.A.T. and more fully described as follows : Beginning at the SW Cor. of Lot S , Blk. 26 , E .A.A.T. , thence N 14° 50 ' 49 " E 100 . 0 Ft . ; thence S 75° 09 ' 11 " E 135 . 32 Ft . ; thence S 14° 50 ' 49 " W 100 . 0 Ft . ; thence N 75° 09 ' 11 " 135 . 32 Ft . Parcel Two A parcel of land situated in E .A.A. T. and more fully described as follows : Beginning at the SW Ccr. of Lot H, Elk. 26 , E .A.A.T. , thence N 14° 50 ' 49 " E 29 . 11 Ft . ± to the point of intersection with Line 9-10 of said E .A.A. T . ; thence along said line S 74° 12 ' E 165 . 34 Ft . t ; thence S 14° 50 ' 49 " W 26 . 36 Ft . t ; thence N 75409 ' 11 " E 165 . 32 Ft . to the Point of Beginning, County of Pitkin, State of Colorado . A copy of the Planned Unit Development Final Development Plan is of record in the office of the Pitkin County Clerk and Recorder . i C '1 Zit✓t4-4-7, i �C� City Clerk' STATE OF COLORADO ss . COUNTY OF PITKIN The foregoing instnent was acknowledged and signed before me this , = day of , 1991 , by Kathryn S . Koch, City Clerk. WITNESS my hand and official seal . My commission expires : I7,1-7 Notary) Public BOOK J U J YAht J Y ! P m Recorded at o' clock _.m. W c _ 1-- Reception No. Recorder CO CD RECORDING REQUESTED BY: ? < Lui s= - WHEN RECORDED RETURN TO : .;i e Richard Y. Neiley, Jr. N T >° CO 600 East Hopkins, Suite 3 -0 cn 4 n Aspen, Colorado 81611 o N • rn cn GENERAL WARRANTY DEED 1000 EAST HOPKINS PARTNERSHIP , a Colorado general partnership, Grantor, for Ten Dollars ($10 . 00) and other good and valuable considerations , in hand paid, hereby sells and conveys to VALLEY-HI DEVELOPMENT TRUST, a Colorado general partnership, Grantee , whose address is c/o Richard Y. Neiley, 600 East Hopkins , Suite 3 ,, Aspen, Colorado 81611 the following real property in the County of Pitkin, State of Colorado to wit : LOTS H AND I , IN BLOCK 26 , LYING WITHIN THE EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN, according to the Plat thereof recorded as Document No . 108453 in Ditch Book 2A at Page 252 of the records for Pitkin County, together with a tract of land situated in East Aspen Townsite described as follows : . , Beginning at the Southwest corner of LOT S , BLOCK 26 , EAST ASPEN ADDITIONAL TOWNSITE, as shown on the recorded Plat thereof; thence f C^3 orth 14 °50 ' 49 " East 100 feet along the West `L 2 � line of Lot S to the Northwest corner of Lot // 7% S; thence South 75 ° 09 ' 11 " East 135 . 32 feet; v thence South 14° 50 ' 49 " West 100 feet; thence North 75°09 ' 11 " West 135 . 30 feet to the point of beginning. with all its appurtenances and warrants title to the same , 5u77J:CT TO AND EXCEPTING: General tayes for 1988 savable January 1 , 1939 ; richt of way for Ditches cr Canals constructed by the authority of the United States as reserved in United States Patent recorded in Book 185 at Pace 69 ; Deed of Trust from 1000 East Hopkins Partnership, a Colorado general partnership to the Public Trustee of Pitkin county for the use of Pitkin County Bank and Trust Company to secure $472 , 500 . 00 dated April 15 , 1988 recorded April 15 , 1988 in Book 561 at Page 316 as reception no. 299209 ; Extension of Deed of Trust dated , 1988 recorded in Bock at Page ; Assignment of Rents recorded April 15 , 1988 in Book 561 at Page 316 and security interest under the Uniform Commercial Code notice of which is given by Financing Statement from 1000 East Hopkins Partnership, a • 606K 5UY P)GE348 Colorado general partnership, Debtor to Pitkin County Bank and Trust Company, Secured Party , recorded April 15 , 1988 as Filing No. 11546 , recorded in Book 561 at Page 322 ; and in the event of any default by Grantor under the Deed of Trust from 1000 East Hopkins Partnership to the Public Trustee of Pitkin County for the use of Pitkin County Bank & Trust Company to secure $472 , 500 . 00 dated April 15 , 1988 , recorded April 15 , 1988 in Book 561 at Page 316 , as Reception No . 299209 , Grantee shall have the right to cure such default by making any and all necessary payments or by taking any and all action necessary in connection therewith , in which case, Grantee shall be entitled to set off such amounts as may reasonably be incurred as a consequence of such default against any monies it owes or may owe Grantor. Signed this p.rj day of , 1988 . 1000 EAST HOPKINS PARTNERSHIP, a Colorado general partnership BY: CITY CAPITAL CORPORATION, a California corporation and General Partner of 1000 East Hopkins Partnership BY: `a. Morton A. H-filer, President BY : SYNERGY PARTNERS , a Colorado general partnership and General Partner of 1000 East Hopkins Partnership 40P e EY: / es 71' Roberta Allen, General Partner STATE OF COLORADO ss CCUNTY OF PIT :IN The foregoing General Warranty Deed was acknowledged before me this rV,„•- day of J (dg , 1988 by MORTON A. FELLER, President of City Capital Corporation , a California corporation and General Partner of 1000 East Hopkins Partnership , a Colorado general partnership. WITNESS my hand and official seal . 'r, My commission expires : ° ���9/2c ',o Vinennt J. Higa.._:Netary FLLHic i` "` __ ti•i- -.1.��\ No :ary PL:elLc� ? ;: ' .� .: •>.'r'.A CGI E. HO drs Jnt, . :..•'\..�. C„'IO,aCo 31011 '�L')' '�•; .`�` sou 569 ?AGG343 ACKNOWLEDGMENT PAGE TO GENERAL WARRANTY DEED STATE OF COLORADO ) ss COUNTY OF PITKIN The foregoing General Warranty Deed was acknowledged before me this 46t day of mAL/ , 19P6 by ROBERTA ALLEN, General Partner of Synergy/ Partners , a Colorado general partnership and General Partner of 1000 East Hopkins Partnership, a Colorado general partnership. WITNESS my hand and official seal . yao ..... off'.. • My commission expires : ( IS�.� � �I Nbtary i /t? 7. 1w - Vincent I'H s/Notary Public My Commission oxpiros 12/26/Xt. 601 E. Hopkins Aspon, Colorado 81611 #350764 : /16/92 08: 42 Rec $2,;. 00 RF::-'694 PG 467 Silvia Davis , Pitkin Cnty Clerk . Doc $. 00 \ ORDINANCE NO. 57 /1 (SERIES OF 1992) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A ONE YEAR EXTENSION OF VESTED RIGHTS APPROVED BY ORDINANCE 8, SERIES 1991 FOR THE FOR THE DEVELOPMENT PLAN APPROVED FOR THE 1000 E. HOPKINS PARCEL (A.K.A. THE VALLEY HI APARTMENTS) , LOTS A,H, I,K,AND S, BLOCKS 25 AND 26, CITY OF ASPEN, COLORADO WHEREAS, pursuant to Section 24-6-207 of the Municipal Code, the City Council may grant vested rights status for a site specific development plan; and WHEREAS, upon the adoption of Ordinance 8 , Series 1991, the Applicant received approval for the redevelopment of the subject property as well as vested rights extending for three years from the approval date of said ordinance; and WHEREAS, due to the deteriorated condition of the existing apartments on the site, the owners must make numerous repairs to continue the livability of the units which are occupied by employees of the community, until such time that the project is demolished and replaced by the development approved in 1991; and WHEREAS, because of the cost of such repairs the Applicant requested a one year extension to the vested rights approved by Ordinance 8 , Series 1991 in order to allow a greater timeframe to recover the costs through rents; and WHEREAS, the Planning Office, having reviewed the application recommends approval of the extension of vested rights for a period of one year beyond the vested rights approved in Ordinance 8 , Series 1991; and WHEREAS, the Aspen City Council having considered the Planning \ Office ' s recommendations for the extension of vested rights does 1 *350764 11,16/92 08: 42 Rec $2 25. 00 Br 694 PG 468 Silvia Davis , Pitkin Cnty Clerk , Doc $. 00 wish to grant the requested extension of vested rights for one year beyond the approval pp granted in Ordinance 8 , Series 1991 for the 1000 E. Hopkins parcel, finding community benefit in the improvements to the employee housing until said • property is redeveloped. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: Pursuant to Section 24-6-207 of the Municipal Code, City Council does hereby grant the applicant a one year extension for the vested rights approved by Ordinance 8, Series 1991 for the 1000 E. Hopkins parcel as follows: 1. The Valley Hi Apartments shall be maintained in a clean and orderly condition until such time as they are demolished prior to redevelopment pursuant to Ordinance 8 , 1991. 2 . The rights granted by the site specific development plan approved by this Ordinance shall remain vested for a total of four (4 ) years from June 10, 1991, the date of final adoption of Ordinance 8 , Series 1991. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. Failure to timely and properly record all plats and agreements as specified herein and or in the Municipal Code shall also result in the forfeiture of said vested rights. 2 #35u764 11/16/92 06: 42 Rec $25, O0 bY.: 694 PG 469 Silvia Davis, Pitk:in Cnty Clerk , Doc $. 00 3 . The approval granted hereby shall be subject to all rights of referendum and judicial review. 4 . Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations or ordinances of the City provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. 5 . The establishment herein of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes . In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes , unless an exemption therefrom is granted in writing. Section 2 : The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulation within the City of Aspen no later than fourteen (14) days following final adoption hereof. Such notice shall be given in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a 3 #750764 1 16/92 09; 4' Rec $25. 00 EL 94 PG 470 Silvia Davis , Pitkin Cnty Clerk , Doc 4,• 00 vested property right pursuant to Title 24 , Article 68 , Colorado Revised Statutes, pertaining to the following- described property: "1000 E. Hopkins, Lots A,H, I,K,and S, Blocks 25 and 26" The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval . Section 3 : That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the- Pitkin County Clerk and Recorder. Section 4 : If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 5 : 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 mended as herein provided, and the same shall be conducted and concluded under such prior ordinances . Section 6 : A public hearing on the Ordinance shall be held on the 9 day of 2011X4c..6kj992 at 5 : 00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which 4 #350764 11/1( 2 08: 42 Rec $25. 00 BK 69 '6 471 Silvia Davis , Pitk:in Cnty Clerk , Doc $. 00 hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the /3 day of ec-V +-1 , 1992 . John ennett, Mayor >/1 2 / 4tya • •:Ra, y, Rdch, City Cl erk `^ " °P±NALLY, adopted, passed and approved this 9 day of 4O'itiW 1992 . (9 JohniBennett, Mayor ) 72;!;r1;\ Rally , : Rack, City Clerk 5 1 ,(‘s-Cit\t - Sty A • Os I , V. i , i I t 1 � _Y a t Nls•SO'4s'E 14Q04 ytsso' st°r , 1 ! f yesvawo 1 ' 1 , p Cn i■ X 4. ■ N.., 1 / , i. 1 = ii„. AL , 0 1 , .0 , y 1 i 1 t fofA' 4. i { 1 g ' .ic:F1..1__. 4 1 w V�C TED ' CLEVELAND _ 1 i a E-->E 1 J. 1 t I • a i , ca ima i ,11 , \1 1 I• s : 1 1 \ i l / I1 I � , • 1 te \' y ; 1 : 'rt.` t 1 1 1 • _ • .rl .., mi- 111 111 �T • a r:::..Y % it _ t 1 ' 1 .� . .. .: 1 V2-/// c L CITY OF ASPEN "PRE-APPL CATION CONFERENCE SUMMARY ig." PROJECT: \ (,(� f �� APPLICANT'S REPRESENTATIVE D� a 0,SQ REPRESENTATIVE'S PHONE: — / f<0 OWNER'S NAME: SUMMARY 1. Type of Application:j17( 0." _P-r. J4,6 zi) 6„ ,/) 2 . Describe action/type of development being requested: (� ; 55friz_c_cpc:c (-Lks.), 2-C 3 . Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Agent Comments Water Dent. contact for tap fee requirements - .tIlu&:_ - 4. Review is: (P&Z only , ,CC Only) (P&Z then to CC) 5 . Public HeearidgC:: (YES) (NO) 6. Number of copies of the application to be submitted 7. What fee was applicant requested to submit: ic)�c) cr.) 8. Payment form Attached for signature: (YES) (NO) 9 . Anticipated date of submission: ' `,d 'cso 10. COMMENTS/UNIQUE CONCERNS: frm.pre_app AMENDMENT TO SUBDIVISION AGREEMENT FOR 1000 EAST HOPKINS AVENUE, ASPEN, COLORADO THIS AMENDMENT is made this 1 (O day of February, 1995, by and between VALLEY-HI DEVELOPMENT TRUST, a Colorado general partnership ( "Owner" ) and THE CITY OF ASPEN, COLORADO (the "City of Aspen" ) . WHEREAS, the parties entered into that certain Subdivi- sion Agreement For 1000 East Hopkins Avenue, Aspen, Colorado ( "Subdivision Agreement" ) , recorded in the real estate records of Pitkin County on December 12, 1991 in Book 663 at Page 863, in connection with subdivision approvals for 1000 East Hopkins Townhouse Condominiums, which approvals apply to the following described real property: Lots K and S, Blocks 25 and 26, Lots H, I and A, Blocks 25 and 26, plus remainder of vacated Cleveland Street, County of Pitkin, State of Colorado; and WHEREAS, subsequent to the execution and recordation of the Subdivision Agreement, the parties have discovered a conflict within the Agreement contained at Article II, paragraph 1, entitled "Stream Margin Review" ; and WHEREAS, the parties desire to clarify and correct the Subdivision Agreement as hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. The parties agree that the Subdivision Agreement shall be amended as follows . Article II, paragraph 1 "Stream Margin Review" which presently reads as follows: No development shall be permitted within one hundred feet, measured horizontally, from the high water line of the Roaring Fork River, such high water line as depicted on the Plat. All approved development shall take place entirely within parcel 1. shall be deleted in its entirety and replaced with the following language: No development shall be permitted within one hundred feet, measured horizontally, from the high water line of the Roaring Fork River, such high water line as depicted on the Plat, unless such development has been reviewed and approved under the City of Aspen's Stream Margin Review Regulations . All approved development shall take place entirely within parcel 1 . 2 . Except as expressly modified herein, all of the terms and conditions and approvals of the Subdivision Agreement shall remain in full force and effect. IN WITNESS WHEREOF, this Amendment is executed the day and year first above written. Owner: THE CITY OF ASPEN VALLEY-HI DEVELOPMENT TRUST BY: AUSTRALIAN INVESTMENT CORP. , PP A GENERAL PARTNER� �/ J By / 7 By 6ZtL/ S I AtioAccid; kiz:-tt (, , I ' , \ •3 / 1 I I Y \\r _, O ^� ,o•co/ .6� . -S .-b/ 'c orW7 ..07 . ' - i -_.--I'4.'r ' .. - .� .� 1` . . q h K � X vi n tI I t• I I s • / , lO r i' Ir r '` $j ii 1 1'S1 9 of �' a Ri . - Ce -- l■1 1. v 4 y. L':J V ,�' I'ti . v 1! . � ' o , • • U J. �� • • % I I `\1-- m V :: �I� �< . — m 0 (( lit ' 2 2 ,7 I - 0 jb ( ka .- � a 3' 4 l m % ---) N� - 2 0• W LL 'p f T �\ �,/) V' 1 Y a I 2 i � 8 CO n IL P r '• 3 a Ii , q .fie.:.t � � 3 0 ,o.2. • I I .I� N . . I. Co enurrr�i p• i / I \ \ ii I r ,n /4 - ,o'ool •'3,b6 OSo•b/'NI 9ry r7 I Job � 1 p°tl t I I , \ I v ■ / '_ JJ i I 1� b-.s !o;s> - .o-•z/ �P.* •• :6 `p. ,4 b -.r n-o/ p I I Cl I I ..'6•76 1 1 f ..o-, 9/ ` ,o-dig •sl 01 ? 1 a ■3 .4 ,o / r A - w1 c' , r ,rf• f,tiY/q �tr J:� N� kJy � A, , �I• � t s , J tiff t.,- ,, 'kx ,� A ` :` L.. , ; -P,... • ASPEN/PITKIN PLANNING OFFICE Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and ise� �icp (hereinafter APPLICANT) AGREE AS FOLL WS: / 1. APPLICANT h s submitted to CITY an application for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 77 (Series of 1992) establishes a fee structure for Planning Office 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 to allow APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project approval, unless current billings are 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 $ which is for hours of Planning Office 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 that failure to pay such accrued costs shall be grounds for suspension of processing. CITY OF ASPEN APPLICANT By: 7)1.1;1/4--12__ 4 G WIZ By: / /iSew! 6i/-) Diane Moore Mailing Address: Ziff ti� fr City Planning Director Date: / f f • 2