HomeMy WebLinkAboutcoa.lu.pu.101 E Bleeker St.A8-96 CArLyLOAD SUMMARY SHEET - CITY O"ASPEN
DATE RECEIVED: 1/30/96 CASE# A8-96
DATE COMPLETE: STAFF: Dave Michaelson
PARCEL ID# 2735-124-38-012
PROJECT NAME: Victorians at Bleeker Rezoning&PUD
Project Addre a• 101 E. Bleeker St.
APPLICANT: Larry Saliterman
Address/Phone: 2240 Lee Ave North Minneapolis, MN 55422 (612) 720-3040
REPRESENTATIVE: Tim Semrau �o 3`I z E.0-,6-w SY f-3 p--e-A-
Address/Phone: 925-6417
FEES: PLANNING $2100 #APPS RECEIVED 20
ENGINEER $105 #PLATS RECEIVED 20
HOUSING $65
ENV HEALTH $0 TYPE OF APPLICATION:
TOTAL $2270 Two Step
Review Body Meeting Date Public Hearing ?
P&Z 3-°s.9t, Nres ❑No
CC 3, zS•61 w Otes MNo
CC (2nd reading) y,7 Z ,fl 4 'Wes ❑No
REFERRALS:
❑ City Attorney ❑ Aspen Fire Marshal ❑ CDOT
)City Engineer ❑ City Water ❑ ACSD
❑ Zoning ❑ City Electric ❑ Holy Cross Electric
Housing ❑ Clean Air Board ❑ Rocky Mtn Natural Gas
❑ Environmental Health ❑ Open Space Board ❑ Aspen School District
Parks ❑ Other: ❑ Other:
DATE REFERRED: 2/i INITIALS: DATE DUE: a (a
APPROVAL: Ordinance/Resolution# I IfrEelefoOf r 1,6 Date:
Staff Approval Date:
Plat Recorded: Book , Page
CLOSED/FILED DATE: INITIALS: De *.e`'
ROUTE TO: $40' I.a
VItta .
MEMORANDUM
TO: Mayor and City Council
THRU: Amy Margerum, City Manager,;" 7
THRU: Stan Clauson, Community Development Director —
FROM: Dave Michaelson,Deputy Director
DATE: March 25, 1996
RE: Victorians at Bleeker Affordable Housing Project- Rezoning to AH1/PUD,
Conceptual and Final PUD, GMQS Exemption
SUMMARY: The Victorians at Bleeker is a proposed affordable housing project located at the
southeast corner of Bleeker and Garmisch Streets. The applicant proposes to demolish an
existing four-plex and replace it with a two structures with two free market units, two resident
occupied (RO) units and three category 4 studio affordable housing (AH) units. The free market
and RO units are located on the primary building fronting on Bleeker, and the three AH units are
located above four garages along the alley frontage. A project summary, vicinity map, existing
improvement survey, adjacent land use map, and proposed site plan and elevations are attached
as Exhibit A. Ordinance 55, Series of 1995 establishing the requirements and review criteria for
the AH1/PUD zone district are attached as Exhibit B. A color schematic of the Bleeker Street
elevation is attached as Exhibit C.
APPLICANT: Larry Saliterman, represented by Tim Semrau, Semrau Building and Design
LOCATION/ZONING: Lots A and B, Block 66, City and Townsite of Aspen (101 E. Bleeker
Street). The parcel is approximately 6600 square feet, including a portion of a vacated alley.
The property is currently zoned R-6. Staff notes that the vacated alley has not been included for
lot area or FAR calculations.
SURROUNDING NEIGHBORHOOD: The proposed lot is surrounded by commercial uses
including the U.S. West facility to the east, Design Workshop and the Medical Building to the
south and east. The Hotel Aspen is located on the west side of Garmisch, the Yellow Brick
School on the northwest corner of Bleeker and Garmisch, and residential uses are located
opposite the project on the north side of Bleeker. An adjacent land use map is included within in
Exhibit A.
REQUEST: The applicant is requesting Conceptual and Final PUD approval and a rezoning to
AHI/PUD, based on the AH1/PUD amendments recently adopted by Council (see AH1/PUD
zone text as Exhibit B). A summary sheet of development information (unit/bedroom mix,
setbacks and proposed square footage) are included in Exhibit A.
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BACKGROUND: On January 16, 1996, the Planning and Zoning Commission conceptually
reviewed the project in a work session format. At that time, staff supported the project in terms
of the intent of the AHI/PUD zone district. Both the Commission and Staff supported the
project in concept, and indicated to the applicant that the most significant issues would most be
the massing and design of the project in the context of the existing neighborhood.
On March 5, 1996,the Planning and Zoning Commission unanimously recommended approval of
both the rezoning and PUD approval to the Council.
PROCESS: Section 26.84.030 (3) allows the consolidation of conceptual and final development
review if staff determines that because of the limited extent of the issues involved in a proposed
PUD in relation to the applicable review procedures and standards, or because of a significant
community interest which the project will serve, a four-step review would be redundant and
serve no public purpose. Staff has made that determination that a two-step process is appropriate
based on the following:
1. The project is small in scope(development of a single project on a single lot);
2. The project is consistent with the AACP and the intent of the AHl/PUD zoning by
revitalizing the community be proposing AH units within the central core;
3. The existing unit is near the end of its useful life, and the proposed concept and design is
consistent with the character of the neighborhood.
Following approval of the AH1/PUD rezoning and Conceptual/Final PUD, the project will also
be required to obtain approval under Ordinance 30. Per Section 26.100.060 (3)(b), all affordable
housing deed restricted in accordance with the housing guidelines of the City Council and its
housing designee, shall be exempt from growth management competition and scoring procedures
by the City Council. Section 26.100.060 (5)(d) also exempts free market residential
development in the AH zone district from growth management competition and scoring
procedures. The All units will be deducted from the pool. The two free market units are
replacing four existing units, and will not be deducted from the pool.
REFERRAL COMMENTS: Referral comments from Housing, Engineering and Parks are
attached as Exhibit D, and are summarized below:
Housing: The Housing Office is in support of the project, and finds that the discrepancy of .7%
free market bedrooms beyond the 30%/70% bedroom mix is minimal. The Housing Board
requested that the two studio units should be Category 3 instead of Category 4. Staff has
included that recommendation in the proposed conditions of approval. For reference, current
Housing Office guidelines for Category 3 and 4 for the proposed AH units are summarized
below:
Unit Category 3 Category 4
1 Bedroom Unit $112,100 $182,600
Studio Unit $101,700 $172,100
The applicant's response to this condition is attached as Exhibit E.
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Parks: The Parks Department noted several existing trees that were not noted on the applicant's
site plan. All trees removed with the exception of the 3 1/2" spruce will be required to be
mitigated. The larger Spruce trees on Garmisch should be protected, which appears to be the
applicant's intent. The Parks Department also supports the installation of a sidewalk on
Garmisch.
Engineering: The Engineering Department has discussed the requirement that the applicant
obtain an access easement from the adjacent property owner to negotiate the 90 degree turn from
Garmisch. hi addition, they requested that the existing head-in parking be converted to parallel
parking, and a sidewalk be installed on both the Garmisch and Bleeker Street fronts. All of
Engineering's comments have been included in the proposed conditions of approval.
STAFF COMMENTS: The review of an AH1/PUD project is based on compliance with the
both Standards of Review for a zoning amendment (26.92.020), and Review Standards for a
PUD application (26-84-030), and specific requirements of the AHUPUD standards. Staff's
analysis is divided into two separate sections based on these requirements.
Purpose of Zone District: The AH1/PUD zone district is intended for residential use primarily
by permanent residents of the community. Recreational and institutional uses customarily found
in proximity to residential uses are included as conditional uses. Lands in the AH1/PUD zone
district should be scattered throughout the City to ensure a mix of housing types, including those
which are affordable by its working residents; at the same time, the AH1/PUD zone district can
protect the City's neighborhoods from rezoning pressures that other non-community oriented
zone districts may produce. Further, lands in the AH1/PUD zone district should be located
within walking distance of the center of the City, or on transit routes. The City's AHUPUD
district only applies within the Aspen Municipal boundaries.
Rezoning Requirements: In reviewing an amendment to the zoning map, the City Council and
Commission shall consider the following:
1. Whether the proposed amendment is in conflict with any applicable portions of the
Municipal Code.
Response: The proposal is consistent with the intent of the AH1/PUD zone district, which is
specifically aimed at located AH uses within walking distance of the center of the City, or on
transit routes. In addition, the AH1/PUD zone district was intended to encourage the scattering
of such projects throughout the City to ensure a mix of housing types, including those types
which are affordable to its working residents.
2. Whether the proposed amendment is consistent with all elements of the Aspen Area
Community Plan.
Response: The AACP includes several policies applicable to the proposal, including the
following:
a) "development of small scale residential housing which fits the character of the
community and is interspersed with free market housing throughout the Aspen Area and
up valley from Aspen Village."
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b) "Whenever appropriate, work with landowners whose property is well suited and
well located to develop affordable housing projects."
c) "The public and private sectors together should develop 650 new affordable
housing units, ...These units can be created through development of new units as well as
conversion of existing units."
3. Whether the proposed amendment is compatible with surrounding zone districts and
land uses, considering existing land use and neighborhood characteristics.
Response: The proposed project is currently located within the R-6 zone district, which contain
relatively dense settlements of predominantly detached and duplex residents, and is within
walking distance of the central core. The existing structure is a four-plex of approximately 600
s.f. per unit, which are not deed-restricted, and are considered free-market rentals. The existing
occupancy of the units are not known, but the free-market status of the units implies that multiple
occupancy of each units is likely. In affect, the density on the site will be less under the
proposed scenario.
4. The effect of the proposed amendment on traffic generation and road safety.
Response: The proposed project will redevelop the property into seven dwelling units. The
existing structure includes 4 dwelling units, with occupancy not known. Due to close proximity
to the central core and available transit, staff does not consider the additional units as creating
unacceptable traffic generation or safety hazards.
5. Whether and the extent to which the proposed amendment would result in demands on
public facilities, and whether and the extent to which the proposed amendment would
exceed the capacity of such public facilities, including but not limited to transportation
facilities, water supply,parks, drainage, schools, and emergency medical facilities.
Response: To staff's knowledge, the proposed amendment and PUD will not adversely impact
public facilities.
6. Whether and the extent to which the proposed amendment would result in significantly
adverse impacts in the natural environment.
Response: The proposed project is a redevelopment of a currently developed lot. Although the
structure is smaller in size (Lot Coverage= 10.8%), the proposed structure is generally consistent
with the Lot Coverage under the existing R-6 zoning (allowed = 40%, proposed ( 55%). Staff
does not consider the project as representing significant impacts on the natural environment.
7. Whether the proposed amendment is consistent with and compatible with the community
character in the City of Aspen.
Response: The proposed amendment to AH1/PUD is clearly consistent with the intent of the
community to provide additional housing for the local work force. In addition, the location of
the parcel is consistent with the intent statement of the AI-11/PUD zone district, which states that
the zone district should be spread throughout the City, located within walking distance of the
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central core, and is in close proximity to available transit. The replacement of the existing
structure, as depicted, is compatible with the character of Aspen.
8. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
Response: The only significant change associated with the parcel is the aging nature of the
existing free-market building, which would be replaced with both free market and deed
restricted affordable units.
9. Whether the proposed amendment would be in conflict with the public interest, and is in
harmony with the intent of the City of Aspen Land Use Code.
Response: The provision of affordable housing near the central core is consistent with the both
the public interest and all applicable portions of the Land Use Code.
PUD Requirements: A development application for a PUD must comply with the following
standards and requirements:
1. The proposed development shall be consistent with the Aspen Area Community Plan.
Response: As cited earlier, the AACP clearly envisioned rezoning and PUD approvals consistent
with the current proposal.
2. The proposed development shall be consistent with the character of the existing land
uses in the surrounding area.
Response: The proposed lot is surrounded by commercial uses including the U.S. West facility
to the east, Design Workshop and the Medical Building to the south and east. The Hotel Aspen
is located on the west side of Garmisch, the Yellow Brick School on the northwest corner of
Bleeker and Garmisch, and residential uses are located opposite the project on the north side of
Bleeker. An adjacent land use map is included within Exhibit A.
The R-6 zone district is the most dense settlement pattern in the City, and the proposed AH
project is consistent with the existing character of the area.
3. The proposed development shall not adversely affect the future development of the
surrounding area.
Response: The proposed development is consistent in massing, size and use of parcels in the
immediate vicinity, and should in no way adversely affect development of the surrounding area.
4. The maximum density shall be no greater than that permitted in the underlying zone
district. Furthermore, densities may be reduced if.
a. There is not sufficient water pressure and other utilities to serve the
proposed development;
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b. There are not adequate roads to ensure fire protection, snow removal
and road maintenance to the proposed development;
c. The land is not suitable for the proposed development because of slope,
ground instability, and the possibility of mud flow, rockfalls and avalanche
dangers;
d. The effects of the proposed development are detrimental to the natural
watershed, due to runoff, drainage, soil erosion and consequent water pollution;
e. The proposed development will have deleterious effect on air quality in
the surrounding area and the city; or
f The design and location of any proposed structure, road, driveway, or
trail in the proposed development is not compatible with the terrain or causes
harmful disturbance to critical natural features of the site.
Response: Staff notes that the AH1/PUD process requires that the property be rezoned
from R-6 to AH1, and then processed as a PUD. The AH1 zone district requires that for
multi-family dwellings, the square feet requirements apply:
Studio =300 s.f.
1 Bedroom =400 s.f.
2 Bedroom = 800 s.f.
3 Bedroom = 1,200 s.f.
> 3 Bedrooms =One (1) bedroom per 400 s.f of Lot Area
The allowable FAR on the property cannot exceed 1.1:1.
The proposed project complies with all of these requirements, and all other dimensional
aspects of the project are determined by PUD review.
5. In order to reduce wildfire, mudslide, and avalanche hazards; enhance soil
stability; and guarantee adequate fire protection access, the density of a PUD
shall also be reduced in areas with slopes in excess of twenty percent.
Response: The property has existing slope of less than 3%, and is not located in area
identified as having any natural hazards that would limit development of the property.
6. Land Uses. The land uses permitted shall be those of the underlying zone
district. Multi-Family dwelling units shall only be allowed when permitted by
the underlying zone district.
Response: The AH1/PUD zone district clearly envisioned the development of multi-
family units, and the proposal is consistent with the dimensional standards established in
the zone district(see Section D (2) on page 3 of Exhibit B).
7. Dimensional Requirements. The dimensional requirements shall be those of the
underlying zone district, provided that variations may be permitted in the following:
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a. Minimum distance between buildings;
b. Maximum Height;
c. Minimum front, rear and side yard;
d. Minimum lot width and area;
e. Trash access area, internal floor area and minimum percentage of open
space.
Response: The applicant proposes the following dimensional requirements:
Maximum distance between buildings =N/A
Maximum Height=23' (1/3 up rake)
Front Yard Setback= 10' from Bleeker, 15' to front facade
Side Setback=5'
Rear setback= 11'
For comparative purposes, the R-6 zone district, located to the north and east, requires a
10' front and rear setback, and a side yard of 5'. The LP zone district to the west (across
Garmisch) has the same requirements. The Office zone to the south requires a front
setback of 10', side yard of 5', and a rear yard of 15'. The proposed dimensional
requirements for the project do not represent a radical departure from the requirements of
adjacent properties.
8. Off-street parking. The number of off-street parking spaces may be varied from
that required in the underlying zone district based on the following
considerations:
a. The probable number of cars used by those using the proposed
development.
b. The parking need of any nonresidential units.
c. The varying time periods of use, whenever joint use of common parking
is proposed.
d. The availability of public transit and other transportation facilities,
including those for pedestrian access and/or the commitment to utilize
automobile disincentive techniques in the proposed development.
e. The proximity of the proposed development to the commercial core or
public recreational facilities in the city.
Response: The off-street parking standards are established by Special Review, with the
maximum number of parking spaces to be required not to exceed 2 spaces per dwelling
unit for free market units. Parking spaces for affordable units shall not exceed 1 space
per bedroom or 2 spaces per dwelling unit, whichever is less.
The proposal provides a single car garage for each of the free market and RO units. and 2
uncovered spaces are provided east and west of the garages, for a total of 6 off-street
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spaces accessing off of the alley from Garmisch. The conversion of the existing on-street
parking will still allow 4-6 spaces in the 85 feet within the public right-of-way, allowing
for a 15' clear zone at the intersection with Bleeker Street.
There are currently no off-street parking available for the existing multi-family unit, and
residents utilize the head-in parking located within the existing ROW. In addition, the
project is located in close proximity to transit, the central core, and recreational facilities.
AH units typically generate less demand for vehicles than commercial or free-market
residential uses. The Planning Commission recommended approval of the proposed
parking plan.
Staff would suggest that the on-street head-in parking be modified in the following
fashion:
1. The existing head-in spaces be converted to parallel parking;
2. The additional area between the new parking configuration be landscaped, and a
sidewalk be installed along the Garmisch frontage to provide a buffer between
the travel lanes and parking. The applicant has agreed to participate in the
landscaping between the west lot line and the Garmisch right-of-way. All
striping and signing within the right-of-way would be the obligation of the City.
The sidewalk installation on both street frontages would the responsibility of the
applicant.
9. Open Space. The Open Space requirement shall be that of the underlying zone
district. However, a variation in minimum open space may be permitted if such
variation would not be detrimental to the character of the proposed PUD, and if
the proposed development shall include open space for the mutual benefit of all
development in the proposed PUD through a common park or recreation area.
Response: There is no open space requirement in the R-6 district, and the AHI/PUD
requirements do not establish an open space requirement. Based on the current
definition of Open Space, the site plan depicts approximately 30 percent open space.
Staff finds that this is appropriate for both the site and the surrounding neighborhood.
10. Landscape Plan. There shall be a approved as part of the final development
plan a landscape plan, which exhibits a well designated treatment of exterior
spaces. It shall provide an ample quantity and variety of ornamental plant
species that are regarded as suitable for the Aspen area climate.
Response: The Parks Department has reviewed the project, and Planning staff has
incorporated these suggestions in conditions of approval.
11. Architectural Site Plan. There shall be approved as part of the final
development plan an architectural site plan, which ensures architectural
consistency with the proposed development, architectural character, building
design, and the preservation of the visual character of the City.
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Response: The proposed elevations (Exhibit A and C) depict a two-story Victorian
design with a wrap-around front porch on the Bleeker facade. The Garmisch facade also
includes a first-story wrap-around porch design, with second-story porches for all four
units. The inclusion of first and second story porches is an appropriate design to
encourage interaction with both streets, and is consistent with the intent of Ordinance 30.
In comparison to the existing structure, the proposed architectural site plan is consistent
with the visual character of the neighborhood.
12. Lighting. All lighting shall be arranged so as to prevent direct glare or
hazardous interference of any kind to adjoining streets or lands.
Response: The applicant proposes a single 60 watt Victorian fixture at each front door
and exterior stairwell. No additional exterior lighting is proposed.
13. Clustering. Clustering of Dwelling Units is encouraged.
Response: Not applicable.
14. Public Facilities. The proposed development shall be designed so that adequate
public facilities will be available to accommodate the proposed development at
the time development is constructed, and that there will be no net public cost for
the provision of these public facilities. Further, buildings shall not be arranged
such that any structure is inaccessible to emergency vehicles.
Response: To staff's knowledge, all necessary public utilities are in place. All
proposed public facilities will be the responsibility of the applicant.
15. Traffic and Pedestrian Circulation.
a. Every dwelling unit, or other land use permitted in the PUD, shall have
access to a public street either directly or through an approved private road, a
pedestrian way, or other area dedicated to the public.
b. Principal vehicular access points shall be designed to permit smooth
traffic flow with controlled turning movement and minimum hazards to vehicular
or pedestrian traffic. Minor streets within the PUD shall not be connected to
streets outside the development as to encourage their use by through traffic.
c. The proposed development shall be designed so that it will not create
traffic congestion on the arterial and collector roads surrounding the proposed
development, or such surrounding collector or arterial roads shall be improved
so that they will not adversely affected.
d. Every residential building shall not be farther than sixty (60)feet from
an access roadway or drive providing access to a public street.
e. All nonresidential uses land uses within the PUD shall have direct
access to a collector or arterial street without traffic hazards or congestion on
any street.
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Streets in the PUD may be dedicated to public use or retained under
private ownership. Said streets and associated improvements shall comply with
all pertinent city regulations and ordinances.
Response: The proposal currently meets all requirements of this section, and will
improve access to the site by utilizing access from the alley. This is assuming that all
necessary easements can be obtained to widen the geometric access to the garage
openings. In addition, no additional traffic generation is expected under the
redevelopment plan.
STAFF RECOMMENDATION: Staff is in support of both the rezoning a PUD
approval. The project is clearly consistent with the intent of the AH1/PUD zone district
and pertinent portions of the AACP. Staff recommends approval based on the following
conditions. On March 5, 1996, the Planning and Zoning Commission unanimously
recommended approval of the rezoning, Conceptual and Final PUD approval, and
parking special review, with the following conditions:
1. All material representations of the applicant, either in the application or during
the public hearing before the Planning and Zoning Commission and the City Council
shall be adhered to and considered conditions of approval, unless otherwise amended by
other conditions.
2. The applicant shall agree to join any future improvement district which may be
formed for the purpose of constructing improvements in the public-right-of-way.
3. The building permit application must include a stormwater runoff mitigation
plan for construction activities to ensure that no runoff enters the public right-of-way.
4. The existing utility pedestal shall be relocated onto an easement on the
applicant's property at the time of development and that any new surface utility needs for
pedestals or other equipment be installed on an easement provided by the applicant and
not in the public right-of-way.
5. The final development plan must include trash/recycle storage areas. Any trash
and recycle areas that include utility meters or other utility equipment must provide that
the utility equipment not be blocked by trash and recycle containers.
6. The applicant shall obtain an easement from the adjacent property owner, to the
satisfaction of the City Engineer, to ensure adequate access to the garage openings.
7. The Final Development Plan must indicate proposed landscaping in the public
right-of-way.
8. Sidewalks shall be required on both the Garmisch and Bleeker street frontages.
The design and location of the sidewalks shall be approved by the City Engineer prior to
construction by the applicant.
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9. The existing street light mounted on a former utility pole at the corner of
Garmisch and Bleeker shall be replaced with an antique street light.
10. The final plat must indicate easements of record based on current title policy.
11. The applicant shall receive approval from City Engineering for design of
improvements, including landscaping, within the public right-of-way, park department
for vegetation species, and street department for streets and alley cuts, and shall obtain
permits for any work or development, including landscaping, with the public rights-of-
way from the City Community Development Department.
12. The applicant shall incorporate the Housing Board's suggestion that two studio
units be Category 3 instead of Category 4.
RECOMMENDED MOTION: I move to approve Ordinance I t , Series of 1996
on first reading, approving the rezoning from R-6 to AH1/PUD and
Conceptual/Final PUD approval for the "Victorians at Sleeker", with the
conditions as outlined in the Planning Office Memo dated March 25, 1996."
Attachments: Exhibit A-Application
Exhibit B - AH1/PUD Zoning Regulations
Exhibit C -Bleeker Street Facade
Exhibit D -Referral Comments
Exhibit E- Applicant's Response to Housing Comments
Exhibit F- Ordinance \L ,Series of 1996.
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LAND USE APPLICATION FORM
1) Project Name _ () lcToR1PrnJS AT 27 F -—E hihit A
2) project Location /0 1 K -
LoTS f1-1 8 , 13LoCK 66, (T/T of 14SPeti
(indicate street address, lot & block number, legal description where
appropriate) /
3) Present zoning (� —6 4) Lot Size 6 6 00
5) Applicant's Name, Andress & Phone # LM-12 R Y C/- 1-/ Te2MArt
2 2-10 LEE A veN o e No i t'iv j1/41111iN. ccY 22-(K.12)770-30
6) Representative's Name, Address & Phone # TM c M QAU) c em 24-u
• .I • ' ✓ : a • - ' a�-S- . 7
7) Type of Application (pleas Bieck all that apply) :
Conditional Use _ final SPA — C)nceptual Historic Dev.
— Special Review — Final SPA — Final Historic Dev-
— 8040 Greenline Conceptual FUD _ Minor Historic Dev-
Stream Margin Final HID — Historic Demolition
Maintain View Plane Subdivision Historic Designation
C onda i n i t nn i ration Tlxt/Map Amendment _ Q'S Allotment
Lot SpLit/Lot Lune — GMQS Exemption
tion
Adjustment
8) Description of Existing Uses (number and type of existing structures;
approximate sq. ft. ; number of bedroom.; any previous approvals granted to the
prciperY) -
`] PLex of 600 s, F 0,2 Ur-1r w Z'7'X s; IL--
Description of Development Application
RC--z oNe -r--o A-f
n/ ,-t-S - Z FM , -2- C-0-7- 3 or
10) Have you attached the folivri g?
Response to Attachment 2, Minim= Submission Contents
Response to Attachment 3, Specific Submission Contents
V/ Response to Attachment 4, Review Standards for Your Application
�1
S E M R \ U 303'/2 East Main
\ Aspen. Colorado 81611
BUILDING AND DL.oIGN 1 Phone: (970)925-6447
Three-dimensional Computer Imaging Fax: (970)925-6437
1/30/96
To; Community Development
From; Semrau building and design
RE; Pud conceptual/final proposal summary for Victorians at Bleeker
Lot size- 6000 square feet plus 600 square feet of vacated alley or 6600 sf.
Existing Use- Currently a 4 plex of 2400 square feet exists on this flat lot. These
units are near the end of their useful life and are in extremely dilapidated
condition. There is currently no off street parking for these 4 units and the
residents utilize the head in city parking off of Garmisch street. The lot is
located one block from a bus stop on Main street and is walking distance to
town services.
Proposed Use-A rezoning from R-6 to AH and the building of 7 units as follows;
- 2 Free market 2 BR units of 1105 sf plus finished basement of 592 sf.
(1697 Total finished footage, 1140 each applies to FAR)
-- 2 Res. Occupied 3 Br units of 970 sf. plus finished basement of 497 sf.
(1467 Total finished footage, 1006 each applies to FAR)
1 Category 4 Studio of 528 Sq.ft. (Does not include deck and stor. room)
1 Category 4 Studio of 556 Sq.ft. (Does not include deck and stor. room)
1 Category 4 1 BR of 710 Sq. ft. (Does not include deck and stor. room)
Total Proposed FAR- 6086 Square feet (6600 allowed in AH zone)
Far does not include garages, storage rooms, porches and decks.
Proposed Unit/Bedroom Mix-
2 units Free market/5 affordable housing = 28% FM/72% Affordable
4 BR Free market/9 BR affordable = 30.7%FM/69.3% Affordable
Proposed Parking-4 Garages and two parking spaces are on-site and accessed
from the alley on the south of the lot. This greatly improves the current
situation of 100% off-site parking.
Proposed Setbacks-10' front setback to porch towards Bleeker, 15' to dwelling.
11" rear setback from lot line in back
(4' of cantilevered second level deck overhangs within the 10')
5' sideyard setback
Surrounding Neighborhood- This R-6 lot is surrounded by commercial use. To
the east is the U.S. West facility, to the south is the Medical Center and
Design Workshop, across the street to the west is Hotel Aspen, on the
opposite corner is the yellow brick building. The only adjoining residential
use is across Bleeker street. This lot is located walking distance to town
making it an ideal location for affordable housing. The Victorian design with
S E M R . U 30372 East Main
Aspen. Colorado ain i
BUILDING AND DESIGN 1 Phone: (970)925-6447
Three-dimensional Computer Imaging Fax: (970)925-6437
several covered porches will complement the existing Victorian
neighborhood around the yellow brick building.
Surrounding Zoning and Setbacks-To the north is R-6 zone with required front
setback of 10', rear yard minimum of 10' (garage minimum 5'), side yard a
minimum of 5'. To the west is LP zone with required front setback 10', rear
yard of 10', and side yard of 5'. To the south is Office zone with required
front setback of 10', side yard of 5', and rear yard of 15'.
Construction Schedule- Assuming approvals are received in a timely fashion,
construction will begin May 1, 1996 and complete January 1, 1997. All
materials and equipment will be kept on the site and off of any public
right of ways.
Consistency with Aspen Community Plan- The proposed development is
completely in accordance with the stated goals of the city; relocating workers
upvalley, small scale affordable housing located walking distance to town,
and private developers assuming the responsibility for affordable housing.
The design of the project will show affordable housing can be of high quality
and fit in nicely with the surrounding neighborhood.
Exterior Lighting- Minimum lighting, a small Victorian (60 watt) fixture, will be
placed by each exterior door and stairwell as needed.
Utilities- Existing gas, electrical, water, sewer, and phone lines already in place to
be re-used and updated to accomodate the new structure.
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Exhibit B
EXHIBIT B
ORDINANCE NO. 55
(SERIES OF 1995)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, AMENDING
CHAPTER 24 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, BY AMENDING
SECTION 24-5-206.2 TO PROVIDE MORE DESIGN FLEXIBILITY WITH A
PLANNED UNIT DEVELOPMENT OVERLAY, AMEND THE ALLOWABLE FLOOR AREA,
AND AMEND THE BEDROOM MIX BETWEEN AFFORDABLE AND FREE MARKET UNITS
IN THE AFFORDABLE HOUSING ZONE DISTRICT.
WHEREAS, Section 24-7-1103 Of the Municipal Code provides that
amendments to Chapter 24 of the Code, to wit, "Land Use
Regulations" , shall be reviewed and recommended for approval by the
Community Development Director and then by the Planning and Zoning
Commission at public hearing, and then approved, approved with
conditions, or disapproved by the city Council at public hearing:
and
WHEREAS, the Aspen Area Community Plan recommends the adoption
of an Affordable Housing zone district in Pitkin County, and :he
Plan also recommends refinement of the existing Affordable Housing
zone district in the City with addition.il revisions to the Resid k
Occupied category housing; and
WHEREAS, the Aspen Area Community Plan also created a metro
area development allocation pool that requires any changes to the
development review process for the metro area to be reviewed by
both the City and County Planning and Zoning Commissions as the
Growth Management Commission; and
WHEREAS, the Community Development: staff proposed to both cUe
joint 'Planning and Zoning Commissions and the Council and Board of
County Commissioners the adoption of the Affordable Housing zone
1
--\)j.
district in Pitkin County and additional revisions to the City's
Affordable Housing zone district; and
WHEREAS, the Board of County Commissioners and the City
Council did conduct several worksessions with regard to the
proposed amendments and the overall coordinated goals and
objectives of the Affordable Housing amendments as they relate to
the AACP; and
WHEREAS, the joint, City and County Planning and Zoning
Commissions held several worksessions and did conduct public
hearings to review the proposals on August 1 , 1995 and again on
September 26 , 1995 ; and
WHEREAS, upon review and consideration of the text amendment,
agency and public comment thereon, and those applicable standards
as contained -n Chapter 24 of the Municipal Code, to wit, Division
11 of Article 7 (Text Amendments) , the Planning and Zoning
Commission has recommended approval of the text amendments
recommended by the Community Development staff pursuant to
procedure as authorized by Section 24-6-205 (A) (5) of the
Municipal Code; and
WHEREAS, the Aspen City Council has reviewed and considered
the text amendments under the applicable provisions of the
Municipal Code as identified herein, has reviewed and considered
those recommendations and approvals as granted by the Planning and
Zoning Commissions, and has taken and considered public comment at
public hearing ; and
WHEREAS, the City council finds that the text amendments meet
2
y f.,
or exceeds all applicable development standards and is consistent
with the goals and elements of the Aspen Area Community Plan; and
WHEREAS, the City council finds that the proposed text
amendment will allow and promote better site design, encourage
small, family-oriented affordable housing, promote housing
proposals that reflect surrounding neighborhood characteristics and
will be consistent with the public welfare and the purposes and
intent of Chapter 24 of the Municipal Code.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN COLORADO:
Section 1: Pursuant to Section 24-7-1102 of the Municipal Code,
the City Council finds as follows in regard to the text amendment:
1 . The proposed text amendments as set forth are not in conflict
with the provisions of Chapter 24 of the Municipal code or the
Aspen Area Community Plan.
2 . The proposed text amendments will not adversely impact traffic
generation or road safety when taken into consideration with
the other aspects of the Municipal Code.
3 . The proposed text amendments will promote the public interest
and character of the City of Aspen.
4 . The proposed text amendments are consistent with the
recommendations of the Aspen Area community Plan.
Section 2 : Section 5-206 . 2 of Chapter 24 of the Municipal Code of
the City of Aspen, Colorado, is hereby amended, which new text
shall read as follows :
Sec. 5-206 . 2 . Affordable Housing/Planned Unit Development (AH
1/PUD)
A. Purpose . The purpose of the Affordable Housing (AH) zone
district is to provide for the use of land for the production
of Category 1, 2 , 3 , and 4 affordable housing and resident
occupied lots and units . The zone district also permits a
limited component of free market lots/units to off-set the
3
cost of developing affordable housing. It is contemplated
that land may also be subdivided in connection with a
development plan.
The Affordable Housing 1/PUD (AH) zone district is intended
for residential use primarily by permanent residents of the
community . Recreational and institutional uses customarily
found in proximity to residential uses are included as
conditional uses . Lands in the Affordable Housing (AH 1/PUD)
zone district should be scattered throughout the city to
ensure a mix of housing types, including those which are
affordable by its working residents ; at the same time the
Affordable Housing (AH 1/PUD) zone district can protect the
city ' s neighborhoods from rezoning pressures that other non-
community oriented zone districts may produce. Further , lands
in the Affordable Housing (AH 1/PUD) zone district should be
located within walking distance of the center of the city, or
on transit routes . The City AH 1/PUD zone district only
applies within the Aspen Municipal boundaries .
B. Permitted uses . The following uses are permitted as -ight
in the Affordable Housing (AH 1/PUD) zone district.
1 . Residential uses restricted to Category 1, 2 , -.nd 4
affordable housing guidelines and resident occupied units
(as defined by the Housing Authority Guidelines of the
Aspen/Pitkin County Housing Authority) must comprise at
least seventy (70) percent of the unit mix, of the
development. Of this 70%, 40% of the units must be deed
restricted to Category 1 , 2 , 3 , or 4 pursuant to the
Affordable Housing Guidelines , and Resident Dccupied
units may comprise up to 30% of the unit mix. Free
market development may comprise up to thirty (30; percent
of the units mix. For projects that comprise only 3
residential units , of this 33% of the units must be deed
restricted to Category 1, 2 , 3 , or 4 pursuant to the
Affordable Housing Guidelines, and Resident Occupied units
may comprise 33% , and free market developme=nt may
comprise up to 33% of the units mix.
Only 30% percent of a project ' s bedrooms may be . ocated
within free market units. Category housing and Resident
occupied units must comprise 70% of the bedroom mix.
Despite these requirements, projects may be comprised of
all Category deed restricted or Resident occupiert •jnits.
In the event that no free market development is pr- posed
as part of the project, the limitation on P:-sident
Occupied units and bedroom mix shall not apply.
Residential uses may be comprised of single--family,
duplex and multi-family dwelling units .
In order to be eligible for a reduction in the
4
2
requirement to the level of 60% Affordable Housing and
40% Free Market Housing the project shall be required to
demonstrate to the satisfaction of the City Council that
all of the following criteria have been met.
a. The quality of the proposed development
substantially exceeds that established in the
minimum threshold for the scoring established in
Sec. 4-60. 65-B.V.
b. The proposal maximizes affordability, consistent
with housing needs established as priority through
the current AH Guidelines;
c. The proposal integrates a mixture of economic levels
and housing for a variety of lifestyles (e. g. ,
singles, seniors and families) ;
d. The proposal minimizes impacts on infrastructure by
incorporating innovative, energy-saving site design,
structural design characteristics or other
techniques that minimize the use of water, heating
and sewage disposal;
e. The proposal incorporates or integrates with an
existing local based economy (i. e. , sustainable
local businesses) ;
f. The proposal accomplishes a level of design and site
plan ingenuity that advances the community goals
expressed in the Aspen Area Community Plan; and
g. The proposed project represents an exceptional
commitment to advancing the visions, goals and
specific action items of the Aspen Area Community
Plan, particularly those described in the scoring
criteria of Secs . 6- 1063,
h. No RO units are included in the project; only
category units are included in the project.
2 . Home occupations; and
3 . Accessory buildings and uses .
C. Conditional uses . The following uses are permitted as
conditional uses in the Affordable Housing (AH) zone district,
subject to the standards and procedures established in Article
7 , Division 3 .
1 . Open use recreation site;
5
T
2 . Day care center;
3 . Satellite dish antennae; and
4 . Dormitory.
5 . Transit facilities
D. Dimensional requirements . The following dimensional
requirements shall apply to all permitted and conditional uses
in the Affordable Housing (AH 1/PUD) zone district.
i . Minimum lot size (square feet) :
a. for subdivided lots from a parcel of 27 , 000 square
feet or larger: 3 , 000 square feet
b. for subdivided lots from a parcel less than 27 , 000
square feet: 1, 500 square feet
2 . Minimum lot area per dwelling unit (square feet) :
a. For subdivided lots from a parcel of 27 , 000 square
feet or larger:
Detached residential dwelling: 1 , 500 square feet
Duplex: 1, 500 square feet
b. For subdivided lots from a parcel less than 27 , 000
square feet:
Detached: 3 , 000 square feet
Duplex: 1, 500 square feet
For multi-family dwellings on a lot that was
subdivided from a parcel of 27 , 000 square feet or
less or for lots that were subdivided from a parcel
of 43 , 560 square feet or less when approved by
special review pursuant to Article 7 , Division 4 ,
the following square feet requirements apply:
Studio: 300
1 bedroom: 400
2 bedroom: 800
3 bedroom: 1, 200
Units with more than 3 bedrooms : One ( 1)
bedroom per 400 square feet of lot area.
For multi-family dwellings on a lot that was
subdivided from a parcel of more than 27 , 000 square
6
1/
feet (except when varied by special review) the
following square feet requirements apply:
Studio: 1, 000
1 bedroom: 1, 250
2 bedroom: 2 , 100
3 bedroom: 3 , 630
Units with more than 3 bedrooms: One ( 1)
bedroom per 1, 000 square feet of lot area.
3 . Minimum lot width (feet) : To be determined during PUD
review, based upon the criteria in Section 7-903
including but not limited to neighborhood compatibility
and adjacent zone district regulations .
4 . Minimum front yard (feet) : To be determined during PUD
review, based upon the criteria in Section 7-9
including but not limited to neighborhood compatibility
and adjacent zone district regulations.
5 . Minimum side yard (feet) : To be determined during PUD
review, based upon the criteria in Section 7-903
including but not limited to neighborhood compatibility
and adjacent zone district regulations .
The minimum side yard for multi-family dwellings : To be
determined during PUD review, based upon the criteria ti:
Section 7-903 including but not limited to neighborhood
compatibility and adjacent zone district regulation'; ,
6 . Minimum rear yard (feet) : To be determined during PUD
review, based upon the criteria in Section 7-903
including but not limited to neighborhood compatibility
and adjacent zone district regulations .
7 . Maximum height (feet) : To be determined during " 'r
review, based upon the criteria in Section 7 -q0 ;
including but not limited to neighborhood compatibility
and adjacent zone district regulations .
8 . Minimum distance between buildings on the lot. To
determined during PUD review, based upon the criteria u'
Section 7-903 including but not limited to neighborhood
compatibility and adjacent zone district regulations
9 . Percent of open space required for building site: To be
determined during PUD review, based upon the criteria in
Section 7-903 including but not limited to neighborhood
7
•
compatibility and adjacent zone district regulations
10 . External floor area ratio (applies to conforming and
nonconforming lots of record) .
The allowable floor area permitted in this
zone is determined by the following table and
shall be applied to the proposed fathering
parcel. Floor area allocations on newly
proposed subdivided lots shall be determined
as part of the Planned Unit Development
review, but in no case shall they cumulatively
exceed the provisions of this section. Sites
may be developed up to 85% of the allowed
floor area. Up to 100% of the floor area may
be permitted by special review, pursuant to
Article 7 , Division 4 .
Lot Size Allowable
(Square Feet) Square Feet
0--15 , 000 square feet 1 . 1: 1
15, 001 square feet--25 , 000 square feet 1: 1
25 , 001--43 , 560 square feet . 8 : 1
>1 acre--3 acres . 6 : 1
>3 acres -- 6 acres . 36 : 1
>6 acres . 3 : 1
11 . Internal floor area ratio: No requirement.
E. Off-street parking requirement . The following off-street
parking spaces shall be provided for each use in the
Affordable Housing (AH) zone district.
1. Residential uses : Established by special review pursuant
to Article 7 , Division 4 . The maximum number of parking
spaces required shall not exceed 2 space/dwelling unit
for Free Market Units . Parking spaces shall not exceed
1 space/bedroom or 2 spaces/dwelling unit, whichever is
less for the Affordable Units .
2 . All other: N/A.
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.
8
Section 4 : If any section, subsection, sentence, clause, phrase,
or portion of this Ordinance is for any reason held invalid or
unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
shall not affect the validity of the remaining portions thereof.
Section 5 : A public hearing on the Ordinance shall be held on the
day of , 1995 at 5 : 00 in the City Council Chambers, Aspen
City Hall , Aspen Colorado, fifteen (15) days prior to which hearing
a public notice of the same shall be published 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 day of
, 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
9
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FEB_22 '96 4:19PM P.1
Exhibit D
MEMORANDUM
TO: Dave Michaelson, Community Development
FROM: Rebecca Baker, Parks Department •
DATE: February 21, 1996
RE: Victorians at Bleeker Rezoning r$ Conceptual/Final PUD
We have reviewed the application submitted by Semrau Building and Design for All
rezoning and conceptual/futal PUD for the Victorians at Bleeker development proposal.
The biggest concern of the Parks Department is in regards to existing trees on thy
property. The application shows some existing trees,however,misses some as well.
From our inspection of the existing property the following are existing trees:
8" Spruce tree, approximately 30' in height- Sr corner of lot (shown on
drawing as 10" Spruce)
8 12" Spruce tree, approximately 30' in height- SE corner of lot(shown on
drawing as 10" Spruce)
6 1i2" Spruce tree, approximately 15' in height-next to existing building,east
side of property (not shown)
7" Spruce tree, approximately 15"in height- next to existing building,east
side of property (not shown)
4 112"Spruce tree, approximately 15' in height-on Garmisch,parallel to SW
corner of the building (not shown)
7"Spruce tree,approximately 20-25' in height- Garmisch, close to alley
entrance (not shown)
3 1t2" Spruce tree, approximately 10-15' in height -on Gamrisch,close to alley
entrance (shown as 15' spruce to be saved?).
With the exception of the 3 1,2"Spruce tree, all of the trees listed above would be
required to be mitigated if proposed for removal for development purposes. Mitigation
could be on site, or if the applicant cannot replace the total caliper inches on site,then a
payment-in-lieu option is possible. The 7"and 4 1 t2"Spruce trees on Ganniseh should be
preserved and protected, and not removed. Neither of these two trees appear that they
will be impacted by the development of the property. These trees(particularly the 7")
must be protected during construction by either placement of snow fencing around the
dripline of the trees or some other protective barrier to guard against damage to the root
zone of the tree.
The proposed site plan shows four new 5"caliper Spruce trees to be installed along
Bleeker St. A 5" caliper Spruce free is generally a very large tree to transplant, therefore,
Jj
FEB.22 '96 4:19PM P.2
if these trees are to be considered for mitigation on removed trees,they must survive for a
minimum of two years from the planting date. The other comment is these bees may out
grow the proposed areas(7-10 It?)in a relatively short time span and may begin to
encroach upon their walkways and block views.
The plan is rather vague in regards to what is proposed for the right-of-way(ROW)along
Garmisch. Additional detail is necessary for this area, including size and species of trees.
Streetscape guidelines state that Cottonwoods are the preferred street tree and we
encourage cottonwoods to be planted in the ROW's and generally discourage Spruce
trees in ROW's.
The final comment on the application is the proposed sidewalk along Sleeker. The West
end has generally discouraged formal sidewalks as a character issue. It may he
appropriate,however,to have a sidewalk along Garmisch for a tie into the Main Street
pedestrian corridor.
Blccs_YC.doc
FEB 26 '96 09:22AM ASFE1 HOUSING OFC P.1
MEMORANDUM.
TO: Dave Michaelson, Community Development Dept.
FROM: Cindy Christensen, Housing Office
DATE: February 26, 1996
RE: Victorians at Sleeker Rezoning & Conceptual/Fjnal PUD
Parcel ID No. 2735-124-36-012
•
j88UE: The applicant S requesting to rezone from R-6 to AH.
aACKGROUNP: The applicant is proposing to build the foilovling:
2 free-market 2-bedroom units = four free-market bedrooms
2 resident occupied 3-bedroom units = 6 RO bedrooms
2 Category 4 studios = 2 bedrooms
1 Category 4 1=bedroom = 1 bedroom
The proposed unit/bedroom mix is as follows:
2 units free-market/5 affordable housing =28% FM 1 72% AH
4 free-market bedrooms/9 bedrooms AH 2 30.7% FM 1.89.3% AH
RECOMMENDATION: The mix is in line with:Section 5-206.$ — 30% free market and 70% affordable
housing. The free-market mix as to bedrooms is .7% higher than what the Code allows. This is a very
minimal amount unless you take into consideration that the resit/brit occupied bedrooms amount to six and
the Category 4 bedrooms only amount to three with two of those being studio units.
The Housing Board met in a work session on January 10, 1990, to discuss this proposed development.
The Board recommended the applicant incorporate into the tix some Category 3 units. The Board
suggested the two studio units be Category 3 instead of Catetpry 4. This is more along the line of the
policy of the housing program. The Board does not want to seeithis project"killed" because of this issue,
but also believes that it can still be done with the two Category 3 studio units, one Category 4 one-
bedroom unit, 2 Resident Occupied units and the 2 tree-market units.
Should this development be approved, a deed restriction must be filed in accordance with the approval
before building permit approval.
,itr aWeWr oh
•
•
MEMORANDUM
To: Dave Michaelson, Planning Office
From: Chuck Roth, Engineering Department eyz
Date: February 29, 1996
Re: Victorians at Bleeker Rezoning & Conceptual/Final PUD
(101 East Bleeker St.; Lots A & B, Block 66, Original Aspen Townsite; Parcel ID No. 2735-124-
38-012)
Having reviewed the above referenced application, and having made a site visit, the Engineering
Department has the following comments:
1. Drainage - The application does not discuss site drainage. Storm runoff design must be
provided that meets the requirements of Section 26.88.040.C.4(f) of the City Code. The building
permit application must also indicate storm runoff mitigation during construction so that no runoff
enters public rights-of-way.
2. Utilities - There is an existing utility pedestal which is located in the public right-of-way
adjacent to the parcel. It should be a condition of approval that the pedestal be relocated onto an
easement on the applicant's property at the time of development and that any new surface utility
needs for pedestals or other equipment be installed on an easement provided by the applicant and
not in the public right-of-way.
3. Trash & Utility Area - The site improvement survey does not indicate the location of the
dumpster. The site visit revealed that the dumpster is in the street public right-of-way. The
development plans do not indicate the trash storage area, which must not be in the public right-of-
way. The final development plan must indicate trash storage areas which should be indicated as
trash and recycle areas. Any trash and recycle areas that include utility meters or other utility
equipment must provide that the utility equipment not be blocked by trash and recycle containers.
4. Access - We have discussed access with the applicant, but the conversation is not reflected in the
application. A vehicle cannot negotiate a ninety degree turn from an eleven foot wide driveway
into a garage immediately adjacent to the driveway. We discussed the necessity of the applicant
obtaining an access easement from the adjacent property owner. The final development plan must
provide functioning access to the garages.
1
5. Landscaping in the Public Right-of-way - The final development plan must indicate proposed
landscaping in the public right-of-way which must conform with City Code as discussed below.
6. Sidewalk. Curb and Gutter - The site is located on the fringe of the West End where the
Pedestrian Walkway and Bikeway System Plan may not be specific about sidewalks. There is
however an existing sidewalk on Bleeker Street at the U.S. West offices and on the west side of
Aspen Street. There is also sidewalk in front of the medical building on Garmisch Street.
Therefore, sidewalk should be required on both street frontages of this development. This sidewalk
will serve both the future residents of the project as well as pedestrian traffic to the Yellow Brick
School and other neighboring properties.
Any damaged sections of curb and gutter will be required to be replaced prior to issuance of
a certificate of occupancy.
7. Street Lights - There is an existing street light mounted on a former wooden utility pole at the
corner of Garmisch and Bleeker adjacent to the applicant's property. It should be a requirement
that it be replaced with an antique street light.
8. Development of Public Right-of-way - City staff will need to discuss this application in the
Development Review Committee to determine how the public right-of-way adjacent to the
development must be reconstructed by the applicant. It may be preferable to remove the existing
head-in parking and install parallel parking in order to improve the streetscape and the
neighborhood character.
9. Easements - The final plat must indicate easements of record based on a current title policy.
The site improvement survey appears to indicate easements that might affect site design.
10. Final Plat-The final plat must meet the requirements of the City Code.
11. 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 must receive approval from city engineering (920-5088) for design of
improvements, including landscaping, within public rights-of-way, parks
department (920-5120) for vegetation species, and streets department (920-5130) for
street and alley cuts, and shall obtain permits for any work or development,
including landscaping, within public rights-of-way from the city community
development department.
cc: Tim Simrau (FAX 925-6437) M96.68
2
J
�
J
SEMRA +! 303/2 Exhibit E
Aspen, Colorado 81611
BUILDING AND DESIGN Phone (970)925-6447
Three-dimensional Computer Imaging Fax: (970 - 437
3/21/96
12 1,"+'
To; Planning Department/City Council
RE; Victorians at Bleeker Category designation w .,
Please note that every effort has been made to achieve all goals of the Aspen
Community Plan in regards to this project.
-A small scale residential project which fits the character of the community and is
located within walking distance of town.
-Private development with no request of subsidies.
-A high quality Victorian style development which enhances the quality of the
surrounding neighborhood.
Originally this project was entered into under the assumption that if all the
requirements were met for AH rezoning the unit mix would be RO and Category 4.
Ordinance 55 does not outline any requirements or specify any category restrictions.
The city has also requested the existing head in parking be changed to parallel and
the enlarged city right of way (20') be rebuilt with curb, sidewalk, and landscaping.
The cost of demolishing the existing building, rebuilding the city right of way on
Garmisch, and creating a project that the neighborhood will be proud of requires a
sizable investment. Category 4 designation is a very significant component of the
minimum profit required to execute this project. We respectfully request the City
encourage the private development of affordable housing by allowing Category 4
designation for deed-restricted units.
7c9.3E-
Exhibit F
ORDINANCE NO. I
(SERIES OF 1996)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING REZONING FROM
R-6 (MEDIUM DENSITY RESIDENTIAL) TO AH1/PUD (AFFORDABLE
HOUSING/PLANNED UNIT DEVELOPMENT AND CONCEPTUAL/FINAL PLANNED
UNIT DEVELOPMENT (PUD)APPROVAL FOR THE BLEEKER STREET
VICTORIANS PROJECT FOR TWO FREE MARKET UNITS,TWO RESIDENT
OCCUPIED UNITS,AND THREE DEED RESTRICTED UNITS SITUATED ON LOTS A
AND B,BLOCK 66, CITY AND TOWNSITE OF ASPEN,PITKIN COUNTY,
COLORADO.
WHEREAS, in September Of 1995, the Affordable Housing/Planned Unit Development
(AH1/PUD) zone district was created to promote private sector development of deed restricted
affordable housing by allowing limited free market residential development within a project; and
WHEREAS, the Larry Saliterman (Applicant) submitted an application (the "Plan") to the
Planning Office for rezoning of a 6,000 square foot parcel at 101 East Bleeker Street from R-6
(Medium Density Residential) to AH1/PUD to AH in conjunction with an application for
Conceptual/Final PUD and Parking Special Review; and
WHEREAS, the Planning and Zoning Commission reviewed the development proposal in
accordance with those procedures set forth at Section 26.84.030 (3), 26.84.030 and Section
26.92.020 of the Municipal Code and did conduct a public hearing thereon on March 5, 1996; and
WHEREAS, upon review and consideration of the plan, agency and public comment
thereon, and those applicable standards as contained in Chapter 26 of the Municipal Code, to wit,
Section 26.84.030 (Consolidated Review) and Section 26.92.020 (Zoning Amendment), the
1
C/a
Planning and Zoning Commission has recommended final approval of the "Victorians at Sleeker"
development subject to conditions, to the City Council; and
WHEREAS, the Planning and Zoning Commission further granted Special Review
approval for parking reduction in the AH1/PUD zone district ; and
WHEREAS, the Aspen City Council has reviewed and considered the Plan under the
applicable provisions of the Municipal Code as identified herein, has reviewed and considered
those recommendations and approvals as granted by the Planning and Zoning Commission, and has
taken and considered public comment at public hearing; and
WHEREAS, the City Council finds that the Plan meets or exceeds all applicable
development standards and that the approval of the Plan, with conditions, is consistent with the
goals and elements of the Aspen Area Community Plan; and
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public
health, safety, and welfare.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
Section 1: Pursuant to Ordinance 55, Series of 1995, the City Council finds as follows in regard to
the zoning map amendment component of the Plan:
1. The proposed zoning amendment as set forth in the Plan are not in conflict with the
provisions of Chapter 26 of the Municipal Code or the Aspen Area Community Plan.
2. The proposed zoning amendment is compatible with the surrounding zone districts and land
uses, and is consistent with the neighborhood characteristics.
3. The proposed zoning amendment will not adversely impact traffic generation or road safety
when taken into consideration with the other aspects of the Plan.
2
S'i
4. The proposed zoning amendment is consistent and compatible with the community
character of Aspen.
Section 2: Pursuant to the findings set forth in Section 1 above, the City Council grants
Conceptual and Final PUD approval, subject to the following conditions:
1. All material representations of the applicant, either in the application or during the
public hearing before the Planning and Zoning Commission and the City Council shall be
adhered to and considered conditions of approval, unless otherwise amended by other
conditions.
2. The applicant shall agree to join any future improvement district which may be
formed for the purpose of constructing improvements in the public-right-of-way.
3. The building permit application must include a stormwater runoff mitigation plan
for construction activities to ensure that no runoff enters the public right-of-way.
4. The existing utility pedestal shall be relocated onto an easement on the applicant's
property at the time of development and that any new surface utility needs for pedestals or
other equipment be installed on an easement provided by the applicant and not in the
public right-of-way.
5. The final development plan must include trash/recycle storage areas. Any trash
and recycle areas that include utility meters or other utility equipment must provide that
the utility equipment not be blocked by trash and recycle containers.
6. The applicant shall obtain an easement from the adjacent property owner, to the
satisfaction of the City Engineer, to ensure adequate access to the garage openings.
7. The Final Development Plan must indicate proposed landscaping in the public
right-of-way.
8. Sidewalks shall be required on both the Garmisch and Bleeker street frontages.
The design and location of the sidewalks shall be approved by the City Engineer prior to
construction by the applicant.
9. The existing street light mounted on a former utility pole at the corner of
Garmisch and Bleeker shall be replaced with an antique street light.
3
10. The final plat must indicate easements of record based on current title policy.
11. The applicant shall receive approval from City Engineering for design of
improvements, including landscaping, within the public right-of-way, park department for
vegetation species, and street department for streets and alley cuts, and shall obtain
permits for any work or development, including landscaping, with the public rights-of-
way from the City Community Development Department.
12. The applicant shall incorporate the Housing Board's suggestion that two studio
units be Category 3 instead of Category 4.
Section 3: Pursuant to Section 26.92.020, and findings set forth in Section 1 above, the City
Council does grant the following amendment to the Official Zone District Map and does designate
the following zone district for the development subject to the condition specified below:
1. Affordable Housing1/Planned Unit Development (AH1/PUD) zone district shall be applied
to Lots A and B, Block 66, City and Townsite of Aspen.
Section 4: All material representations and commitments made by the developer pursuant to the
Plan approvals as herein awarded, whether in public hearing or documentation presented before the
Planning and Zoning Commission and 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 other specific conditions.
Section 5 : The Official Zone District Map for the City of Aspen, Colorado, shall be and is hereby
amended to reflect the rezoning action as set forth in Section 3 above and such amendment shall be
promptly entered on the Official Map in accordance with the Municipal Code.
Section 6: 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
4
amended as herein provided, and the same shall be conducted and concluded under such prior
ordinances.
Section 7: 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 8: 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 vested property right pursuant to Title 24, Article 68, Colorado
Revised Statutes,pertaining to the following-described property:
The property shall be described in the notice and appended to said notice shall be the ordinance
granting such approval.
Section 9: That the City Clerk 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 10: A public hearing on the Ordinance shall be held on the day of , 1996
at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to
which hearing a public notice of the same shall be published in a newspaper of general circulation
within the City of Aspen.
5
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the day of
, 1996.
John Bennett, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this day of
, 1996.
John Bennett,Mayor
Attest:
Kathryn S. Koch, City Clerk
6
S E M R A. 4J 3031/2 Exhibit E
Aspen, Colorado 81611
411) BUILDING AND DESIGN 40) Phone: (970)925-6447
Three-dimensional Computer Imaging Fax: (9701,925- 437
4S'
3/21/96
1 f�
To; Planning Department/City Council a r
RE; Victorians at Bleeker Category designation
Please note that every effort has been made to achieve all goals of the Aspen
Community Plan in regards to this project.
-A small scale residential project which fits the character of the community and is
located within walking distance of town.
-Private development with no request of subsidies.
-A high quality Victorian style development which enhances the quality of the
surrounding neighborhood.
Originally this project was entered into under the assumption that if all the
requirements were met for AH rezoning the unit mix would be RO and Category 4.
Ordinance 55 does not outline any requirements or specify any category restrictions.
The city has also requested the existing head in parking be changed to parallel and
the enlarged city right of way (20') be rebuilt with curb, sidewalk, and landscaping.
The cost of demolishing the existing building, rebuilding the city right of way on
Garmisch, and creating a project that the neighborhood will be proud of requires a
sizable investment. Category 4 designation is a very significant component of the
minimum profit required to execute this project. We respectfully request the City
encourage the private development of affordable housing by allowing Category 4
designation for deed-restricted units.
• S E NI R A, J 303Y East Man Aspen, Colorado 81611
BUILDING AND DESIGN tio) Phone: (970)925-6447
6 Three-dimensional Computer Imaging Fax: (970)925-6437
4/29/96
To; Dave Michaelson
From; Tim Semrau Mt)' / 1996
RE; Victorians at Bleeker riF;:;
Dave;
In a continuing attempt to make this project a little better you will find an attached
tweak that may be no big deal. Specifically, it is a proposal to put a small covered
walkway over each side of the garages in an attempt to break up the plane of the
building and make the street elevation a little more interesting. Since we're
currently under our FAR and allowed covered walkways, I don't think it impacts
things. Please let me know what you think and how the Ordiance 30 review is
going.
Tim
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MEMORANDUM
TO: Mayor and City Council
THRU: Amy Margerum,City Manager\\;
FROM: Dave Michaelson,Deputy Director
DATE: April 22, 1996
RE: Second Reading, Ordinance 11, Series of 1996 - Victorians at Bleeker
Affordable Housing Project- Rezoning to AH1/PUD, Conceptual and Final
PUD, GMQS Exemption
SUMMARY: The "Victorians at Bleeker" is a proposed affordable housing project located at
the southeast corner of Bleeker and Garmisch Streets. The applicant proposes to demolish an
existing four-plex and replace it with 2 free market units, 2 resident occupied (RO) units, 2
Category 4 studios, and 1 Category 4 1-bedroom unit. The free market and RO units are located
on the primary building fronting on Bleeker, and the three AH units are located above a single
structure fronting the alley, which includes four garages. A project summary, vicinity map,
existing improvement survey, adjacent land use map, and proposed site plan and elevations are
attached as Exhibit A.
Ordinance 55, Series of 1995 establishing the requirements and review criteria for the AH1/PUD
zone district are attached as Exhibit B. A color schematic of the Bleeker Street elevation was
provided with the March 25, 1996 staff memorandum.
APPLICANT: Larry Saliterman,represented by Tim Semrau, Semrau Building and Design
SPI.. r✓
LOCATION/ZONING: Lots A and B, Block 66, City and Townsite of Aspen (101 E. Bleeker
Street). The parcel is approximately 6,600 square feet, including a portion of a vacated alley.
The property is currently zoned R-6. The alley accounts for 600 s.f. (10'x 60'), reducing the lot
area to 6,000 s.f. for the purposes of allowable FAR.
SURROUNDING NEIGHBORHOOD: The proposed lot is surrounded by commercial uses
including the U.S. West facility to the east, Design Workshop and the Medical Building to the
south and east. The Hotel Aspen is located on the west side of Garmisch, the Yellow Brick
School on the northwest corner of Bleeker and Garmisch, and residential uses are located
opposite the project on the north side of Bleeker. An adjacent land use map is included within in
Exhibit A.
REQUEST: The applicant is requesting Conceptual and Final PUD approval and a rezoning to
AHI/PUD, based on the AH1/PUD amendments recently adopted by Council (see AH1/PUD Q1�iw.vice:
zone text as Exhibit B). A summary sheet of development information (unit/bedroom mix, S S ts
ti
1
setbacks and proposed square footage) are included in Exhibit A, and are summarized in the
following table.
Unit Mix and Square Footage
#of Units Type Attualsq. To
ft. FAR
Free Market(2 bedroom) 3,460 2,270
2 Resident Occupied(3 bedroom) 2,982 1,972
Category 4 Studio 544 544
1 Category 4 Studio 600 600
1 Category 4 (1 bedroom) 738 738
4 Garages/Storage 1,146 0
1 Equipment Room 42 42
Porches/Decks 846 0
TOTAL 72%/28% AH to FM 10,358 6,166
BACKGROUND: On January 16, 1996, the Planning and Zoning Commission conceptually
reviewed the project in a work session. Both the Commission and Staff supported the project in
concept, as well as its consistency with the intent of the AH1/PUD zone district. The most
significant issue, which has been addressed by the proposed design, was the consistency of the
project within the context of the existing neighborhood. Several adjacent land owners appeared
before the Planning Commission in support of the project.
On March 5, 1996, the Planning and Zoning Commission unanimously recommended approval,
with conditions, for both the rezoning and PUD approval to Council. On March 25th, 1996, the
first reading of Ordinance 11, Series of 1996 passed on the consent calendar.
PROCESS: Section 26.84.030 (3) allows the consolidation of conceptual and final development
review if staff determines that because of the limited extent of the issues involved in a proposed
PUD in relation to the applicable review procedures and standards, or because of a significant
community interest which the project will serve, a four-step review would be redundant and
serve no public purpose. Staff has made that determination that a two-step process is appropriate
based on the following:
1. The project is small in scope(development of a single project on a single lot);
2. The project is consistent with the AACP and the intent of the AH 1/PUD zoning in terms
of revitalizing the community by developing AH units within the central core;
3. The existing unit is near the end of its useful life, and the proposed concept and design is
consistent with the character of the neighborhood.
Following approval of the AH1/PUD rezoning and Conceptual/Final PUD, the project will also
be required to obtain approval under Ordinance 30. Per Section 26.100.060 (3)(b), all affordable
housing deed restricted in accordance with the housing guidelines of the City Council and its
housing designee, shall be exempt from growth management competition and scoring procedures
by the City Council. Section 26.100.060 (5)(d) also exempts free market residential
2
development in the AH zone district from growth management competition and scoring
procedures. The AH units will be deducted from the pool, and require a GMQS Exemption from
Council. The two free market units are replacing four existing units, and will not be deducted
from the pool.
REFERRAL COMMENTS: Referral comments from Housing, Engineering and Parks are
attached as Exhibit C, and are summarized below:
Housing: The Housing Board and staff are in support of the project, and finds that the
discrepancy of.7% free market bedrooms beyond the 30%170% bedroom mix is minimal. The
Housing Board requested that the two studio units should be Category 3 instead of Category 4.
Staff has included that recommendation in the proposed conditions of approval, noting that the
Board did not want to "see this project killed because of this issue." The applicant's response to
this condition is attached as Exhibit D. Staff felt that it was appropriate to retain the Housing
Board's recommendation, and allow Council to make a final determination.
For reference, current Housing Office guidelines for Category 3 and 4 for the proposed AH units
are summarized below:
Unit Category 3 Category 4
1 Bedroom Unit $112,100 $182,600
Studio Unit $101,700 $172,100 } -70
Parks: The Parks Department noted several existing trees that were not noted on the applicant's
site plan. All trees removed with the exception of the 3 1/2" spruce will be required to be
mitigated. The larger Spruce trees on Garmisch should be protected, which appears to be the
applicant's intent. The Parks Department also supports the installation of a sidewalk on
Garmisch.
Engineering: The Engineering Department has discussed the requirement that the applicant
obtain an access easement from the adjacent property owner to negotiate the 90 degree turn from
Garmisch and into the garage bays. In addition, they requested that the existing head-in parking
be converted to parallel parking, and a sidewalk be installed on both the Garmisch and Bleeker
Street fronts. All of Engineering's comments have been included in the proposed conditions of
approval.
STAFF COMMENTS: The review of an AH1/PUD project is based on compliance with the
both Standards of Review for a zoning amendment (26.92.020), and Review Standards for a
PUD application (26-84-030), and specific requirements of the AH1/PUD standards. Staffs
analysis is divided into two separate sections based on these requirements.
Purpose of Zone District: The AH1/PUD zone district is intended for residential use primarily
by permanent residents of the community. Recreational and institutional uses customarily found
in proximity to residential uses are included as conditional uses. Lands in the AH1/PUD zone
district should be scattered throughout the City to ensure a mix of housing types, including those
which are affordable by its working residents; at the same time, the AH1/PUD zone district can
protect the City's neighborhoods from rezoning pressures that other non-community oriented
3
zone districts may produce. Further, lands in the AH1/PUD zone district should be located
within walking distance of the center of the City, or on transit routes. The City's AH1/PUD
district only applies within the Aspen Municipal boundaries.
Rezoning Requirements: In reviewing an amendment to the zoning map, the City Council and
Commission shall consider the following:
1. Whether the proposed amendment is in conflict with any applicable portions of the
Municipal Code.
Response: The proposal is consistent with the intent of the AH1/PUD zone district, which is
specifically aimed at located AH uses within walking distance of the center of the City, or on
transit routes. In addition, the AH1/PUD zone district was intended to encourage the scattering
of such projects throughout the City to ensure a mix of housing types, including those types
which are affordable to its working residents. No affordable projects have been proposed north
of Main Street and south of the Roaring Fork River in the R-6 zone district.
2. Whether the proposed amendment is consistent with all elements of the Aspen Area
Community Plan.
Response: The AACP includes several policies applicable to the proposal, including the
following:
a) "development of small scale residential housing which fits the character of the
community and is interspersed with free market housing throughout the Aspen Area and
up-valley from Aspen Village."
b) "Whenever appropriate, work with landowners whose property is well suited and
well located to develop affordable housing projects."
c) "The public and private sectors together should develop 650 new affordable
housing units, ...These units can be created through development of new units as well as
conversion of existing units."
3. Whether the proposed amendment is compatible with surrounding zone districts and
land uses, considering existing land use and neighborhood characteristics.
Response: The proposed project is currently located within the R-6 zone district, which contain
relatively dense settlements of predominantly detached and duplex residents, and is within
walking distance of the central core. The existing structure is a four-plex of approximately 600
s.f. per unit, which are not deed-restricted, and are considered free-market rentals. The existing
occupancy of the units are not known, but the free-market status of the units implies that
multiple occupancy of each units is likely. In affect, the proposed density on the site may be less
than existing occupancy.
4. The effect of the proposed amendment on traffic generation and road safety.
Response: The proposed project will redevelop the property into seven dwelling units. The
existing structure includes 4 dwelling units, with occupancy not known. Due to close proximity
4
to the central core and available transit, staff does not consider the additional units as creating
unacceptable traffic generation or safety hazards. The Engineering Department is requiring that
the applicant obtain additional easement width to ensure that vehicles can enter and exit the
garage bays off the alley.
5. Whether and the extent to which the proposed amendment would result in demands on
public facilities, and whether and the extent to which the proposed amendment would
exceed the capacity of such public facilities, including but not limited to transportation
facilities, water supply,parks, drainage, schools, and emergency medical facilities.
Response: To staff's knowledge, the proposed amendment and PUD will not adversely impact
public facilities. Water, sewer, electric, natural gas, phone and cable are all available to the site.
6 Whether and the extent to which the proposed amendment would result in significantly
adverse impacts in the natural environment.
Response: The proposed project is a redevelopment of a currently developed lot. The existing
structure has a lot coverage far below that which is allowed in the R-6 zone district (10.8% vs.
40%). The structures are proposed to have a lot coverage of 59 percent, exceeding underlying
zoning by 19 percent. R-6 is the only zone district that establishes a lot coverage limitation.
With the exception of the U.S. West facility on the corner of North Aspen and Bleeker Streets,
the entire block is zoned 0 (Office), which has no lot coverage or open space requirements.
Adjacent properties are only required to comply with setbacks, and the existing and future lot
coverage for these properties typically exceed 70 percent. Staff does not consider the project as
representing significant impacts on the natural environment, or represent a lot coverage that is
excessive.
7. Whether the proposed amendment is consistent with and compatible with the community
character in the City of Aspen.
Response: The proposed amendment to AH1/PUD is clearly consistent with the intent of the
community to provide additional housing for the local work force. In addition, the location of
the parcel is consistent with the intent statement of the AH1/PUD zone district, which states that
the zone district should be spread throughout the City, located within walking distance of the
central core, and is in close proximity to available transit. The replacement of the existing
structure, as depicted, is compatible with the character of Aspen.
8. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
Response: The only significant change associated with the parcel is the aging nature of the
existing free-market building,which would be replaced with both free market and deed restricted
affordable units.
9. Whether the proposed amendment would be in conflict with the public interest, and is in
harmony with the intent of the City of Aspen Land Use Code.
Response: The provision of affordable housing near the central core is consistent with the both
the public interest and all applicable portions of the Land Use Code.
5
PUD Requirements: A development application for a PUD must comply with the following
standards and requirements:
1. The proposed development shall be consistent with the Aspen Area Community Plan.
Response: As cited earlier, the AACP clearly encouraged rezoning and PUD approvals
consistent with the current proposal.
2. The proposed development shall be consistent with the character of the existing land
uses in the surrounding area.
Response: The proposed lot is surrounded by commercial uses including the U.S. West facility
to the east, Design Workshop and the Medical Building to the south and east. The Hotel Aspen
is located on the west side of Garmisch, the Yellow Brick School on the northwest corner of
Bleeker and Garmisch, and residential uses are located opposite the project on the north side of
Bleeker. An adjacent land use map is included within Exhibit A.
The R-6 zone district is the most dense settlement pattern in the City, and the proposed AH
project is consistent with the existing character of the area.
3. The proposed development shall not adversely affect the future development of the
surrounding area.
Response: The proposed development is consistent in massing, size and use of parcels in the
immediate vicinity, and should in no way adversely affect development of the surrounding area.
Several adjacent property owners have expressed support for the project.
4. The maximum density shall be no greater than that permitted in the underlying zone
district. Furthermore, densities may be reduced iif
a. There is not sufficient water pressure and other utilities to serve the
proposed development;
b. There are not adequate roads to ensure fire protection, snow removal
and road maintenance to the proposed development;
c. The land is not suitable for the proposed development because of slope,
ground instability, and the possibility of mud flow, rockfalls and avalanche
dangers;
d. The effects of the proposed development are detrimental to the natural
watershed, due to runoff, drainage, soil erosion and consequent water pollution;
e. The proposed development will have deleterious effect on air quality in
the surrounding area and the city; or
6
f. The design and location of any proposed structure, road, driveway, or
trail in the proposed development is not compatible with the terrain or causes
harmful disturbance to critical natural features of the site.
Response: Staff notes that the AH1/PUD process requires that the property be rezoned from R-
6 to AH1/PUD, and then processed as a PUD. The following dimensional requirements to
determine maximum density for total dwelling units in the AH1/PUD Zone district:
Studio =300 s.f.
1 Bedroom =400 s.f.
2 Bedroom = 800 s.f.
3 Bedroom = 1,200 s.f.
> 3 Bedrooms =One (1)bedroom per 400 s.f of Lot Area
The proposed mix of units, based on these requirements, requires a lot of 5,000 s.f. The existing
lot, with the vacated alley deducted, is 6,000 s.f. The allowable FAR on the property cannot
exceed 1.1:1. As proposed, the project's FAR is 1.02:1 (6,166 s.f/6000 s.f. lot).
The project complies with all of these requirements, and all other dimensional aspects of the
project are determined by PUD review. A drainage plan will be required at the time of building
permit to ensure that historic drainage patterns are maintained.
5. In order to reduce wildfire, mudslide, and avalanche hazards; enhance soil stability; and
guarantee adequate fire protection access, the density of a PUD shall also be reduced in areas
with slopes in excess of twenty percent.
Response: The property has existing slope of less than 3%, and is not located in area identified
as having any natural hazards that would limit development of the property.
6. Land Uses. The land uses permitted shall be those of the underlying zone district.
Multi-Family dwelling units shall only be allowed when permitted by the underlying zone
district.
Response: The AH1/PUD zone district clearly envisioned the development of multi-family
units, and the proposal is consistent with the dimensional standards established in the zone
district(see Section D(2)on page 3 of Exhibit B).
7. Dimensional Requirements. The dimensional requirements shall be those of the
underlying zone district,provided that variations may be permitted in the following:
a. Minimum distance between buildings;
b. Maximum Height;
c. Minimum front, rear and side yard;
d. Minimum lot width and area;
e. Trash access area, internal floor area and minimum percentage of open space.
Response: The applicant proposes the following dimensional requirements:
7
Maximum distance between buildings =N/A
Maximum Height=23' (1/3 up rake)
Front Yard Setback= 10' from Bleeker, 15' to front facade
Side Setback= 5'
Rear setback= 11'
For comparative purposes, the R-6 zone district, located to the north and east, requires a 10'
front and rear setback, and a side yard of 5'. The LP zone district to the west (across
Garmisch) has the same requirements. The Office zone to the south requires a front setback of
10', side yard of 5', and a rear yard of 15'. The proposed dimensional requirements for the
project do not represent a radical departure from the requirements of adjacent properties.
8. Off-street parking. The number of off-street parking spaces may be varied from that
required in the underlying zone district based on the following considerations:
a. The probable number of cars used by those using the proposed
development.
b. The parking need of any nonresidential units.
c. The varying time periods of use, whenever joint use of common parking
is proposed
d The availability of public transit and other transportation facilities,
including those for pedestrian access and/or the commitment to utilize automobile
disincentive techniques in the proposed development.
e. The proximity of the proposed development to the commercial core or
public recreational facilities in the city.
Response: The off-street parking standards are established by Special Review, with the
maximum number of parking spaces to be required not to exceed 2 spaces per dwelling unit for
free market units. Parking spaces for affordable units shall not exceed 1 space per bedroom or 2
spaces per dwelling unit, whichever is less. Based on this standard, required parking for the two
2-bedroom free market units would require a maximum of 4 spaces, the two 3-bedroom RO
units would require a maximum of 4 spaces, and the three AH units (two studios and one 1-
bedroom) would require a maximum of 3 spaces. Total parking based on the standards within
the AH1/PUD zone district would therefore allow a maximum of 11 off-street spaces.
The proposal provides a single car garage for each of the free market and RO units, and 2
uncovered spaces are provided east and west of the garages, for a total of 6 off-street spaces
accessing off the alley from Garmisch. Staff and the Planning and Zoning Commission
recommend to Council that additional parking spaces be satisfied using the Residential Permit
parking program with is currently in effect on the portion of Garmisch adjacent to the project.
The Residential Permit allows an applicant to purchase a permit with proof that the vehicle is in
compliance with the Pitkin County clean air program, and proof of residency in the applicable
residential parking zone. There is precedence for such a waiver, specifically the West Hopkins
Project (based on a conversation with Dave Tolen). Parking associated with this project was
allowed on-street using the residential parking program.
8
The conversion of the existing on-street parking to a parallel configuration would still allow for 5
spaces in the 85 feet within the public right-of-way, allowing for a 15' clear zone at the
intersection with Bleeker Street. In addition, parallel parking is a safer configuration from an
engineering perspective, and provides a transition to the residential uses that continue north from
the alley.
There are currently no off-street parking available for the existing multi-family unit, and
residents utilize the head-in parking located within the existing ROW. In addition, the project is
located in close proximity to transit, the central core, and recreational facilities. AH units
typically generate less demand for vehicles than commercial or free-market residential uses.
The additional area between the new parking configuration should be landscaped, and a
sidewalk installed along the Garmisch frontage to provide a buffer between the travel lanes and
parking. The applicant has agreed to participate in the landscaping between the west lot line and
the Garmisch right-of-way. All striping and signing within the right-of-way would be the
obligation of the City. The sidewalk installation on both street frontages would the responsibility
of the applicant. A schematic of the existing and proposed configuration is shown on the
following page.
9. Open Space. The Open Space requirement shall be that of the underlying zone district.
However, a variation in minimum open space may be permitted if such variation would not be
detrimental to the character of the proposed PUD, and if the proposed development shall include
open space for the mutual benefit of all development in the proposed PUD through a common
park or recreation area.
Response: There is no open space requirement in the R-6 district, and the AHl/PUD zone
district does not establish an open space requirement. Based on the current definition of Open
Space, the site plan depicts approximately 30 percent open space. Staff finds that this is
appropriate for both the site and the surrounding neighborhood.
10. Landscape Plan. There shall be a approved as part of the final development plan a
landscape plan, which exhibits a well designated treatment of exterior spaces. It shall provide
an ample quantity and variety of ornamental plant species that are regarded as suitable for the
Aspen area climate.
Response: The Parks Department has reviewed the project, and Planning staff has incorporated
these suggestions in the proposed conditions of approval.
11. Architectural Site Plan. There shall be approved as part of the final development plan
an architectural site plan, which ensures architectural consistency with the proposed
development, architectural character, building design, and the preservation of the visual
character of the City.
9
Existing Parking Configuration
Bleeker St.
-- --- F isting I.ot
Existing
Parking
1—/
15' to edge of Pavement
Proposed Parking Configuration
Bleeker St.
/.
Parallel Parking
F\'slim!. Lot
Landscaping— ‘N. Sidewalk
15' to edge of pavement
Response: The proposed elevations (Exhibit A) depict a two-story Victorian design with a wrap-
around front porch on the Bleeker facade. The Garmisch facade also includes a first-story wrap-
around porch design, with second-story porches for all four units. The provision of first- and
second-story porches and the proposed entry configuration are an appropriate design to encourage
interaction with both streets, and is consistent with the intent of Ordinance 30. In comparison to
the existing structure, the proposed architectural site plan is superior and enhances the visual
character of the neighborhood.
12. Lighting. All lighting shall be arranged so as to prevent direct glare or hazardous
interference of any kind to adjoining streets or lands.
Response: The applicant proposes a single 60 watt Victorian fixture at each front door and
exterior stairwell. No additional exterior lighting is proposed.
13. Clustering. Clustering of Dwelling Units is encouraged
10
Response: Not applicable.
14. Public Facilities. The proposed development shall be designed so that adequate public
facilities will be available to accommodate the proposed development at the time development is
constructed, and that there will be no net public cost for the provision of these public facilities.
Further, buildings shall not be arranged such that any structure is inaccessible to emergency
vehicles.
Response: To staffs knowledge, all necessary public utilities are in place. All proposed
infrastructure will be the responsibility of the applicant.
15. Traffic and Pedestrian Circulation.
a. Every dwelling unit, or other land use permitted in the PUD, shall have access
to a public street either directly or through an approved private road, a pedestrian way, or other
area dedicated to the public.
b. Principal vehicular access points shall be designed to permit smooth traffic flow
with controlled turning movement and minimum hazards to vehicular or pedestrian traffic.
Minor streets within the PUD shall not be connected to streets outside the development as to
encourage their use by through traffic.
c. The proposed development shall be designed so that it will not create traffic
congestion on the arterial and collector roads surrounding the proposed development, or such
surrounding collector or arterial roads shall be improved so that they will not adversely
affected
d. Every residential building shall not be farther than sixty (60)feet from an access
roadway or drive providing access to a public street.
e. All nonresidential uses land uses within the PUD shall have direct access to a
collector or arterial street without traffic hazards or congestion on any street.
f Streets in the PUD may be dedicated to public use or retained under private
ownership. Said streets and associated improvements shall comply with all pertinent city
regulations and ordinances.
Response: The proposal currently meets all requirements of this section, and will improve
access to the site by utilizing access from the alley. This is assuming that all necessary
easements can be obtained to widen the geometric access to the garage openings. In addition, no
additional traffic generation is expected under the redevelopment plan.
STAFF RECOMMENDATION: Staff is in support of both the rezoning a PUD approval. The
project is clearly consistent with the intent of the AHI/PUD zone district and pertinent portions
of the AACP. On March 5, 1996, the Planning and Zoning Commission unanimously
recommended approval of the rezoning, Conceptual and Final PUD approval, and parking
special review, with the following conditions:
11
1. All material representations of the applicant, either in the application or during the
public hearing before the Planning and Zoning Commission and the City Council shall be
adhered to and considered conditions of approval, unless otherwise amended by other conditions.
2. The applicant shall agree to join any future improvement district which may be formed
for the purpose of constructing improvements in the public-right-of-way.
3. The building permit application must include a stormwater runoff mitigation plan for
construction activities to ensure that no runoff enters the public right-of-way.
4. The existing utility pedestal shall be relocated onto an easement on the applicant's
property at the time of development and that any new surface utility needs for pedestals or other
equipment be installed on an easement provided by the applicant and not in the public right-of-
way.
5. The final development plan must include trash/recycle storage areas. Any trash and
recycle areas that include utility meters or other utility equipment must provide that the utility
equipment not be blocked by trash and recycle containers.
6. The applicant shall obtain an easement from the adjacent property owner, to the
satisfaction of the City Engineer, to ensure adequate access to the garage openings.
7. The Final Development Plan must indicate proposed landscaping in the public right-of-
way.
8. Sidewalks shall be required on both the Garmisch and Bleeker street frontages. The
design and location of the sidewalks shall be approved by the City Engineer prior to construction
by the applicant.
9. The existing street light mounted on a former utility pole at the corner of Garmisch and
Bleeker shall be replaced with an antique street light.
10. The final plat must indicate easements of record based on current title policy.
11. The applicant shall receive approval from City Engineering for design of improvements,
including landscaping, within the public right-of-way, park department for vegetation species,
and street department for streets and alley cuts, and shall obtain permits for any work or
development, including landscaping, with the public rights-of-way from the City Community
Development Department.
-12.---the-applicand sktell-inserporete the-Housing-Boar'd's suggestion-that-tvxe-stadie-u»ity-be..
-� 1� FiyN� t '1 Mr��oi1
RECOMMENDED MOTION: I move to approve Ordinance 11, Series of 1996 on second
reading, approving the rezoning from R-6 to AH1/PUD, Conceptual/Final PUD approval
and a GMQS Exemption for the "Victorians at Bleeker."
CITY MANAGER COMMENTS:
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Attachments: Exhibit A- Application
Exhibit B -AH1/PUD Zoning Regulations
Exhibit C- Referral Comments
Exhibit D- Applicant's Response to Housing Comments
Exhibit E- Ordinance 11, Series of 1996.
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Exhibit B
ORDINANCE NO. 55
(SERIES OF 1995)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, AMENDING
CHAPTER 24 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, BY AMENDING
SECTION 24-5-206.2 TO PROVIDE MORE DESIGN FLEXIBILITY WITH A
PLANNED UNIT DEVELOPMENT OVERLAY, AMEND THE ALLOWABLE FLOOR AREA,
AND AMEND THE BEDROOM MIX BETWEEN AFFORDABLE AND FREE MARKET UNITS
IN THE AFFORDABLE HOUSING ZONE DISTRICT.
WHEREAS, Section 24-7-1103 Of the Municipal Code provides that
amendments to Chapter 24 of the Code, to wit, "Land Use
Regulations" , shall be reviewed and recommended for approval by the
Community Development Director and then by the Planning and Zoning
Commission at public hearing, and thon approved , approved with
conditions, or disapproved by the City Council at public hearing:
and
WHEREAS, the Aspen Area Community Plan recommends the adoption
of an Affordable Housing zone district in Pitkin County, and :he
Plan also recommends refinement of the existing Alordable Housing
zone district in the City with addition::l revision:- to the Resic
Occupied category housing; and
WHEREAS, the Aspen Area Community Plan also created a metro
area development allocation pool that requires any changes to the
development review process for the metro area to be reviewed by
both the City and County Planning and Zoning Commissions as t e
Growth Management Commission; and
WHEREAS, the Community Development: staff proposed to both she
joint 'Planning and Zoning Commissions and the Council and Board of
County Commissioners the adoption of the Affordable Housing zone
1
district in Pitkin County and additional revisions to the City ' s
Affordable Housing zone district; and
WHEREAS, the Board of County Commissioners and the City
Council did conduct several worksessions with regard to the
proposed amendments and the overall coordinated goals and
objectives of the Affordable Housing amendments as they relate to
the AACP; and
WHEREAS, the joint, City and County Planning and Zoning
Commissions held several worksessions and did conduct public
hearings to review the proposals on August 1, 1995 and again on
September 26 , 1995 ; and
WHEREAS, upon review and consideration of the text amendment,
agency and public comment thereon, and those applicable standards
as contained in Chapter 24 of the Municipal Code, to wit, Division
11 of Article 7 (Text Amendments) , the Planning and Zoning
Commission has recommended approval of the text amendments
recommended by the Community Development staff pursuant to
procedure as authorized by Section 24-6-205 (A) (5) of the
Municipal Code; and
WHEREAS, the Aspen City Council has reviewed and considered
the text amendments under the applicable provisions of the
Municipal Code as identified herein, has reviewed and considered
those recommendations and approvals as granted by the Planning and
Zoning Commissions, and has taken and considered public comment at
public hearing; and
WHEREAS, the City council finds that the text amendments meet
2
or exceeds all applicable development standards and is consistent
with the goals and elements of the Aspen Area Community Plan; and
WHEREAS, the City council finds that the proposed text
amendment will allow and promote better site design, encourage
small, family-oriented affordable housing, promote housing
proposals that reflect surrounding neighborhood characteristics and
will be consistent with the public welfare and the purposes and
intent of Chapter 24 of the Municipal Code.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN COLORADO:
Section 1: Pursuant to Section 24-7-1102 of the Municipal Code,
the City Council finds as follows in regard to the text amendment:
1 . The proposed text amendments as set forth are not in conflict
with the provisions of Chapter 24 of the Municipal code or the
Aspen Area Community Plan.
2 . The proposed text amendments will not adversely impact traffic
generation or road safety when taken into consideration with
the other aspects of the Municipal Code .
3 . The proposed text amendments will promote the public interest
and character of the City of Aspen.
4 . The proposed text amendments are consistent with the
recommendations of the Aspen Area community Plan.
Section 2 : Section 5-206 . 2 of Chapter 24 of the Municipal Code of
the City of Aspen, Colorado, is hereby amended, which new text
shall read as follows :
Sec. 5-206 . 2 . Affordable Housing/Planned Unit Development (AH
1/PUD)
A . Purpose . The purpose of the Affordable Housing (AH) zone
district is to provide for the use of land for the production
of Category 1 , 2 , 3 , and 4 affordable housing and resident
occupied lots and units . The zone district also permits a
limited component of free market lots/units to off-set the
3
cost of developing affordable housing. It is contemplated
that land may also be subdivided in connection with a
development plan.
The Affordable Housing 1/PUD (AH) zone district is intended
for residential use primarily by permanent residents of the
community. Recreational and institutional uses customarily
found in proximity to residential uses are included as
conditional uses. Lands in the Affordable Housing (AH '_/PUD)
zone district should be scattered throughout the city to
ensure a mix of housing types, including those which are
affordable by its working residents; at the same time the
Affordable Housing (AH 1/PUD) zone district can protect the
city ' s neighborhoods from rezoning pressures that other non-
community oriented zone districts may produce. Further , Lands
in the Affordable Housing (AH 1/PUD) zone district should be
located within walking distance of the center of the city, or
on transit routes . The City AH 1/PUD zone district only
applies within the Aspen Municipal boundaries.
B. Permitted uses . The following uses are permitted as right
in the Affordable Housing (AH 1/PUD) zone district.
1 . Residential uses restricted to Category 1 , 2 , nd 4
affordable housing guidelines and resident occupied units
(as defined by the Housing Authority Guidelines of the
Aspen/Pitkin County Housing Authority) must comprise at
least seventy (70) percent of the unit mix, (,f the
development . Of this 70% , 40% of the units must be deed
restricted to Category 1, 2 , 3 , or 4 pursuant to the
Affordable Housing Guidelines, and Resident ')ccupied
units may comprise up to 30% of the unit mix. Free
market development may comprise up to thirty (30; percent
of the units mix. For projects that comprise only 3
residential units, of this 33% of the units must he deed
restricted to Category 1 , 2 , 3 , or 4 pursuant to the
Affordable Housing Guidelines, and Resident Occupied units
may comprise 33% , and free market develope. nt may
comprise up to 33% of the units mix .
Only 30% percent of a project ' s bedrooms may be . ocated
within free market units. Category housing and Resident
Occupied units must comprise 70% of the bedre( m mix.
Despite these requirements, projects may be comprised of
all Category deed restricted or Resident occupier ,nits.
In the event that no free market development is p, )posed
as part of the project, the limitation on P rident
occupied units and bedroom mix shall not apply.
Residential uses may be comprised of single- amily,
duplex and multi-family dwelling units .
In order to be eligible for a reduction in the
4
requirement to the level of 60% Affordable Housing and
40% Free Market Housing the project shall be required to
demonstrate to the satisfaction of the City Council that
all of the following criteria have been met.
a. The quality of the proposed development
substantially exceeds that established in the
minimum threshold for the scoring established in
Sec. 4-60. 65-B.V.
b. The proposal maximizes affordability, consistent
with housing needs established as priority through
the current AH Guidelines;
c. The proposal integrates a mixture of economic levels
and housing for a variety of lifestyles (e.g. ,
singles, seniors and families) ;
d. The proposal minimizes impacts on infrastructure by
incorporating innovative, energy-saving site design,
structural design characteristics or other
techniques that minimize the use of water, heating
and sewage disposal;
e. The proposal incorporates or integrates with an
existing local based economy ( i. e. , sustainable
local businesses) ;
f. The proposal accomplishes a level of design and site
plan ingenuity that advances the community goals
expressed in the Aspen Area Community Plan; and
g. The proposed project represents an exceptional
commitment to advancing the visions, goals and
specific action items of the Aspen Area Community
Plan, particularly those described in the scoring
criteria of Secs . 5 - 108.
h. No RO units are included in the project; only
category units are included in the project.
2 . Home occupations ; and
3 . Accessory buildings and uses .
C. Conditional uses . The following uses are permitted as
conditional uses in the Affordable Housing (AH) zone district,
subject to the standards and procedures established in Article
7 , Division 3 .
1 . Open use recreation site;
5
2 . Day care center;
3 . Satellite dish antennae; and
4 . Dormitory.
5 . Transit facilities
D. Dimensional requirements . The following dimensional
requirements shall apply to all permitted and conditional uses
in the Affordable Housing (AH 1/PUD) zone district.
1 . Minimum lot size (square feet) :
a . for subdivided lots from a parcel of 27 , 000 square
feet or larger: 3 , 000 square feet
b. for subdivided lots from a parcel less than 27 , 000
square feet: 1 , 500 square feet
2 . Minimum lot area per dwelling unit (square feet) :
a. For subdivided lots from a parcel of 27 , 000 square
feet or larger:
Detached residential dwelling: 1 , 500 square feet
Duplex: 1 , 500 square feet
b. For subdivided lots from a parcel less than 27 , 000
square feet:
Detached: 3 , 000 square feet
Duplex: 1 , 500 square feet
For multi-family dwellings on a lot that was
subdivided from a parcel of 27 , 000 square feet or
less or for lots that were subdivided from a parcel
of 43 , 560 square feet or less when approved by
special review pursuant to Article 7 , Division 4 ,
the following square feet requirements apply:
Studio: 300
1 bedroom: 400
2 bedroom: 800
3 bedroom: 1 , 200
Units with more than 3 bedrooms : One (1)
bedroom per 400 square feet of lot area.
For multi-family dwellings on a lot that was
subdivided from a parcel of more than 27 , 000 square
6
feet (except when varied by special review) the
following square feet requirements apply:
Studio: 1, 000
1 bedroom: 1, 250
2 bedroom: 2 , 100
3 bedroom: 3 , 630
Units with more than 3 bedrooms: One (1)
bedroom per 1, 000 square feet of lot area.
3 . Minimum lot width (feet) : To be determined during PUD
review, based upon the criteria in Section 7-903
including but not limited to neighborhood compatibility
and adjacent zone district regulations .
4 . Minimum front yard (feet) : To be determined during MU
review, based upon the criteria in Section 7-9
including but not limited to neighborhood compatibility
and adjacent zone district regulations .
5 . Minimum side yard (feet) : To be determined during PUD
review, based upon the criteria in Section 7-903
including but not limited to neighborhood compatibility
and adjacent zone district regulations .
The minimum side yard for multi-family dwellings : To be
determined during PUD review, based upon the criteria is
Section 7-903 including but not limited to neighborhood
compatibility and adjacent zone district regulation_, .
6 . Minimum rear yard (feet) : To be determined during DUD
review, based upon the criteria in Section 7-903
including but not limited to neighborhood compatibility
and adjacent zone district regulations .
7 . Maximum height (feet) : To be determined during PUS`
review, based upon the criteria in Section 7 -90 .
including but not limited to neighborhood compatibility
and adjacent zone district regulations .
8 . Minimum distance between buildings on the lot. To
determined during PUD review, based upon the criteria u.
Section 7-903 including but not limited to neighbonco;d
compatibility and adjacent zone district regulations
9 . Percent of open space required for building site: To be
determined during PUD review, based upon the criteria in
Section 7-903 including but not limited to neighborhood
7
compatibility and adjacent zone district regulations
10 . External floor area ratio (applies to conforming and
nonconforming lots of record) .
The allowable floor area permitted in this
zone is determined by the following table and
shall be applied to the proposed fathering
parcel. Floor area allocations on newly
proposed subdivided lots shall be determined
as part of the Planned Unit Development
review, but in no case shall they cumulatively
exceed the provisions of this section. Sites
may be developed up to 85% of the allowed
floor area. Up to 100% of the floor area may
be permitted by special review, pursuant to
Article 7 , Division 4 .
Lot Size Allowable
(Square Feet) Square Feet
0--15 , 000 square feet 1 . 1 : 1
15 , 001 square feet--25 , 000 square feet 1 : 1
25 , 001--43 , 560 square feet . 8 : 1
>1 acre--3 acres . 6 : 1
>3 acres -- 6 acres . 36 : 1
>6 acres . 3 : 1
11 . Internal floor area ratio: No requirement.
E. Off-street parking requirement . The following off-street
parking spaces shall be provided for each use in the
Affordable Housing (AH) zone district.
1 . Residential uses : Established by special review pursuant
to Article 7 , Division 4 . The maximum number of parking
spaces required shall not exceed 2 space/dwelling unit
for Free Market Units . Parking spaces shad not exceed
1 space/bedroom or 2 spaces/dwelling unit, whichever is
less for the Affordable Units.
2 . All other: N/A.
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.
8
Section 4 : If any section, subsection, sentence, clause, phrase,
or portion of this Ordinance is for any reason held invalid or
unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
shall not affect the validity of the remaining portions thereof.
Section 5: A public hearing on the Ordinance shall be held on the
day of , 1995 at 5 : 00 in the City Council Chambers, Aspen
City Hall , Aspen Colorado, fifteen (15) days prior to which hearing
a public notice of the same shall be published 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 day of
, 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
9
x.22 '96 4:19PM Exhibit C
MEMORANDUM
TO: Dave Michaelson, Community Development
FROM: Rebecca Baker,Parka Department •
DATE: February 21, 1996
RE: Victorians at Bleeker Rezoning & Conceptual/Final NiD
We have reviewed the application submitted by Sernrau Building and Design for All
rezoning and conceptual/final PUD for the Victorians at Sleeker development proposal.
The biggest concern of the Parks Department is in regards to existing trees on the
property. The application shows some existing trees,however,misses some as well.
From our inspection of the existing property the following are existing trees:
3" Spruce tree, approximately 30' in height -sr corner of lot (shown on
drawing as 10" Spruce)
3 112" Spruce free. approximately 30' in height- SE corner of lot(shown on
drawing as 10" Spruce)
6 11/2" Spruce tree, approximately 15' in height-next to existing bt:ildine,east
side of property (not shown)
7" Spruce see,approximately 15"in height-next to existing building,east
side of property (not shown)
4 1;2"Spruce tree, approximately 15' in height-on Garmisch, parallel to SW
corner of the building (not shown)
7"Spruce tree,approximately 20-25' in height-on Garmisch,close to alley
entrance (not shown)
3 t 2" Spruce tree, approximately 10-15' in height -on Gaxmisch,close to alley
entrance (shown as 15 spruce to be saved?).
With the exception of the 3 lin" Spruce tree, all of the trees listed above would be
required to be mitigated if proposed for removal for development purposes. Mitigation
could be on site, or if the applicant cannot replace the total caliper inches on site, then a
payment-in-lieu option is possible. The 7"and 4 t/2"Spruce trees on Gannisch should be
preserved and protected, and not removed. Neither of these two tees appear that they
will be impacted by the development of the property. These trees (particularly the 7")
must be protected during construction by either placement of snow fencing around the
dripline of the trees or some other protective bather to guard against damage to the root
zone of the tree.
The proposed site plan shows four new 5"caliper Spruce trees to be installed along
Bleelcer St. A 5"caliper Spruce tree is generally a very large tree to transplant, therefore,
FEB.22 '96 4:19PM P.2
if these trees are to be considered for mitigation on removed trees,they must survive for a
minimum of two years from the planting date. The other comment is these trees may out
grow the proposed areas(7-10 R?)in a relatively short time span and may begin to
encroach upon their walkways and block views.
The plan is rather vague in regards to what is proposed for the right-of-way (ROW)along
Garmiseh. Additional detail is necessary for this area,including size and species of trees.
Streetscape guidelines state that Cottonwoods are the preferred street tree and we
encourage cottonwoods to be planted in the ROW's and generally discourage Spruce
trees in ROW's.
The final comment on the application is the proposed sidewalk along Bleeker. The West
end has generally discouraged formal sidewalks as a character issue. It may he
appropriate,however,to have a sidewalk along Gannisch for a tie into the Main Street
pedestrian corridor.
Sleeks VC.dae
FEB 26 '96 99:22AM ASPEN -LOUSING OFC P.1
MEMORANDUJ$.
•
TO: Dave Michaelson, Community Development Dept
FROM: Cindy Christensen, Housing Office
DATE: February 26, 1996
RE: Victorians at Sleeker Rezoning & Conceptual/Final PUD
Parcel 1D No. 2735-12448-012
ISSUE: The applicant S requesting to rezone from R-0 to AH.
pACKGROUND: The applicant is proposing to build the foilos4ng:
2 free-market 2-bedroom units =four free-market bedrooms
2 resident occupied 3-bedroom units = 6 RO becrooms
2 Category 4 studios = 2 bedrooms
1 Category 4 1=bedroom = 1 bedroom
The proposed unit/bedroom mix is as follows:
2 units free-market/5 affordable housing =28% FM /72% AH
4 free-market bedrocros/9 bedrooms AH = 30.7% FM 1.69.3% All
RECOMMENDATION: The mix is in line wdh;Section S-206.$ — 30% free market and 70% affordable
housing. The free-market mix as to bedrooms is .7% higher Dien what the Code allows. This is a very
minimal amount unless you take into consideradon that the resident occupied bedrooms amount to six and
the Category 4 bedrooms only amount to three with two of those being studio units.
The Housing Board met in a work session on January 10, 19915, to discuss this proposed development
The Board recommended the aoplicant incorporate into the Mix some Category 3 units. The Board
suggested the two studio units be Category 3 instead of Category 4. This is more along the line of the
policy of the housing program. The Board does not want to seeethis project"killed" because of this issue,
but also believes that it can still be done with the two Category 3 studio units, one Category 4 one-
bedroom unit, 2 Resident Occupied units and the 2 free-market units.
Should this development be approved, a deed restriction must oe filed in accordance with the approval
before building permit approval.
xerFerramietor aM
•
•
MEMORANDUM
To: Dave Michaelson. Planning Office
From: Chuck Roth, Engineering Department Cam.
Date: February 29. 1996
Re: Victorians at Bleeker Rezoning& ConceptuaUFinal PUD
(101 East Bleeker St.; Lots A & B. Block 66. Original Aspen Townsite; Parcel ID No. 2735-124-
38-012)
Having reviewed the above referenced application, and having made a site visit, the Engineering
Department has the following comments:
1. Drainage - The application does not discuss site drainage. Storm runoff design must be
provided that meets the requirements of Section 26.88.040.C.4(f) of the City Code. The building
permit application must also indicate storm runoff mitigation during construction so that no runoff
enters public rights-of-way.
2. Utilities - There is an existing utility pedestal which is located in the public right-of-way
adjacent to the parcel. It should be a condition of approval that the pedestal be relocated onto an
easement on the applicant's property at the time of development and that any new surface utility
needs for pedestals or other equipment be installed on an easement provided by the applicant and
not in the public right-of-way.
3. Trash & Utility Area - The site improvement survey does not indicate the location of the
dumpster. The site visit revealed that the dumpster is in the street public right-of-way. The
development plans do not indicate the trash storage area, which must not be in the public right-of-
way. The final development plan must indicate trash storage areas which should be indicated as
trash and recycle areas. Any trash and recycle areas that include utility meters or other utility
equipment must provide that the utility equipment not be blocked by trash and recycle containers.
4. Access - We have discussed access with the applicant, but the conversation is not reflected in the
application. A vehicle cannot negotiate a ninety degree turn from an eleven foot wide driveway
into a garage immediately adjacent to the driveway. We discussed the necessity of the applicant
obtaining an access easement from the adjacent property owner. The final development plan must
provide functioning access to the garages.
5. Landscaping in the Public Right-of-w y - The final development plan must indicate proposed
landscaping in the public right-of-way which must conform with City Code as discussed below.
6. Sidewalk, Curb and Gutter - The site is located on the fringe of the West End where the
Pedestrian Walkway and Bikeway System Plan may not be specific about sidewalks. There is
however an existing sidewalk on Sleeker Street at the U.S. West offices and on the west side of
Aspen Street. There is also sidewalk in front of the medical building on Garmisch Street.
Therefore, sidewalk should be required on both street frontages of this development. This sidewalk
will serve both the future residents of the project as well as pedestrian traffic to the Yellow Brick
School and other neighboring properties.
Any damaged sections of curb and gutter will be required to be replaced prior to issuance of
a certificate of occupancy.
7. Street Lights - There is an existing street light mounted on a former wooden utility pole at the
corner of Garmisch and Sleeker adjacent to the applicant's property. It should be a requirement
that it be replaced with an antique street light.
8. Development of Public Right-of-way - City staff will need to discuss this application in the
Development Review Committee to determine how the public right-of-way adjacent to the
development must be reconstructed by the applicant. It may be preferable to remove the existing
head-in parking and install parallel parking in order to improve the streetscape and the
neighborhood character.
9. Easenausi - The final plat must indicate easements of record based on a current title policy.
The site improvement survey appears to indicate easements that might affect site design.
10. Final Plat-The final plat must meet the requirements of the City Code.
11. Work in the Public Right-of-wavy - 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 must receive approval from city engineering (920-5088) for design of
improvements, including landscaping, within public rights-of-way, parks
department(920-5120) for vegetation species, and streets department (920-5130) for
street and alley cuts, and shall obtain permits for any work or development,
including landscaping, within public rights-of-way from the city community
development department.
cc: Tim Simrau(FAX 925-6437) M96.68
2
S E M R L , l 303'/z Exhibit D
Aspen, Colorado 81611
BUILDING AND DESIGN Phone: (970)925-6447
Three-dimensional Computer Imaging Fax: (970 - 437
S° goy
4+ Y
0 1,
3/21/96 174®
i Pz'.
To; Planning Department/City Council
RE; Victorians at Bleeker Category designation ,6°
1�.Yrt�ayl
Please note that every effort has been made to achieve all goals of the Aspen
Community Plan in regards to this project.
-A small scale residential project which fits the character of the community and is
located within walking distance of town.
-Private development with no request of subsidies.
-A high quality Victorian style development which enhances the quality of the
surrounding neighborhood.
Originally this project was entered into under the assumption that if all the
•
requirements were met for AH rezoning the unit mix would be RO and Category 4.
Ordinance 55 does not outline any requirements or specify any category restrictions.
The city has also requested the existing head in parking be changed to parallel and
the enlarged city right of way (20') be rebuilt with curb, sidewalk, and landscaping.
The cost of demolishing the existing building, rebuilding the city right of way on
Garmisch, and creating a project that the neighborhood will be proud of requires a
sizable investment. Category 4 designation is a very significant component of the
minimum profit required to execute this project. We respectfully request the City
encourage the private development of affordable housing by allowing Category 4
designation for deed-restricted units.
Exhibit E
ORDINANCE N0. 11
(SERIES OF 1996)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING REZONING FROM
R-6 (MEDIUM DENSITY RESIDENTIAL)TO AH1/PUD (AFFORDABLE
HOUSING/PLANNED UNIT DEVELOPMENT AND CONCEPTUAL/FINAL PLANNED
UNIT DEVELOPMENT (PUD)APPROVAL AND GMQS EXEMPTION FOR THE
BLEEKER STREET VICTORIANS PROJECT FOR TWO FREE MARKET UNITS,TWO
RESIDENT OCCUPIED UNITS,AND THREE DEED RESTRICTED UNITS SITUATED
ON LOTS A AND B,BLOCK 66, CITY AND TOWNSITE OF ASPEN,PITKIN COUNTY,
COLORADO.
WHEREAS, in September Of 1995, the Affordable Housing/Planned Unit Development
(AH1/PUD) zone district was created to promote private sector development of deed restricted
affordable housing by allowing limited free market residential development within a project; and
WHEREAS, the Larry Saliterman (Applicant) submitted an application (the "Plan") to the
Planning Office for rezoning of a 6,000 square foot parcel at 101 East Bleeker Street from R-6
(Medium Density Residential) to AH1/PUD to AH in conjunction with an application for
Conceptual/Final PUD and Parking Special Review; and
WHEREAS, the Planning and Zoning Commission reviewed the development proposal in
accordance with those procedures set forth at Section 26.84.030 (3), 26.84.030 and Section
26.92.020 of the Municipal Code and did conduct a public hearing thereon on March 5, 1996; and
WHEREAS, upon review and consideration of the plan, agency and public comment
thereon, and those applicable standards as contained in Chapter 26 of the Municipal Code, to wit,
Section 26.84.030 (Consolidated Review) and Section 26.92.020 (Zoning Amendment), the
1
LAND USE APPLICATION FORM
1) Project N ti IGTo R 14 n)S 4T c7 L E t E Exhibit A
2) Project Location I o M e f 3 L g EIZ
O S E- • i GLPGGK . - lT o 4SRCA)
(indicate street address, lot & block number, legal des aptron where
appropriate) / /6 -
3) Present Zoning P. —6 6 4) Lot Size 0o S
5) Applicants Name, Address & Phone # L/942 R ' CA- Lr ererzm 4 o
2ZYo LEE A- vevue /Vort'1L, i_A!l,Nfr), 55-y22-(( 12)72.03c
6) Representative's Name, Address & Phan # T/M S&'M 24V) c r'M R 4u
• • ' ui S ,, S= . 7
7) Type of Application (please deck all that apply) :
Conditional Use Conceptual SPA Conceptual Historic Cev.
_ Special Review _ Final SPA _ Final Historic Derr.
_ 8040 Greenline ne C on eptual POD e Minor Historic Dom_
Stream Margin x Final PU!) _ Historic Demolition
_ Mountain view Plane _ Subdivision Historic Designation
XCondeini,nnizatia _ Text/Map Anvndmnt GCS Allotment
_ tot Split/Lot Lire — GCS Exemption
Adjustment
8) Description of Eci_s ng Uses (amber and type of e,os", ; g s�ucires;
1p�
approximate sq_ ft_; number of bedrooms; any previous approvals granted to the
Proper-Y) -
`f &Lek o / boo s, F (-bf Or , r cr Z xs- �=
9) Description of Development Application
Re--Loki& Yo
—7 M1 ,-rs - Fri , 7- 20 , -3 C-67- 3 or c_f
10) Have ycu attached the following'
\/ Response to Attachment 2, Minimum zni<n i clan Contents
—VT
✓/ Rye to Attachment 3, Specific Submission Contents
Response to Attachment 4, Review Standards for Your Application
S E M R A U 303'/2 East Main
Aspen. Colorado 81611
BUILDING AND DE.. N Phone: (970)925-6447
. Three-dimensional Computer Imaging -\I Fax:(970)925-6437
1/30/96
To; Community Development
From; Semrau building and design
RE; Pud conceptuaUfinal proposal summary for Victorians at Bleeker
Lot size- 6000 square feet plus 600 square feet of vacated alley or 6600 sf.
Existing Use- Currently a 4 plex of 2400 square feet exists on this flat lot. These
units are near the end of their useful life and are in extremely dilapidated
condition. There is currently no off street parking for these 4 units and the
residents utilize the head in city parking off of Garmisch street. The lot is
located one block from a bus stop on Main street and is walking distance to
town services.
Proposed Use-A rezoning from R-6 to AH and the building of 7 units as follows;
2 Free market 2 BR units of 1105 sf plus finished basement of 592 s£
(1697 Total finished footage, 1140 each applies to FAR)
2 Res. Occupied 3 Br units of 970 s£ plus finished basement of 497 sf.
(1467 Total finished footage, 1006 each applies to FAR)
' S 1 Category 4 Studio of 528 Sq.ft. (Does not include deck and stor. room)
1 Category 4 Studio of 556 Sq.ft. (Does not include deck and stor. room)
1 Category 1 BR of 710 Sq. ft. (Does not include deck and stor. room)
( ° e C Total Proposed�FAR} 6086 Square feet (6600 allowed in AH zone)
Far does not include garages, storage rooms, porches and decks.
Proposed Unit/Bedroom Mix-
2 units Free market/5 affordable housing = 28% FM/72% Affordable
4 BR Free market/9 BR affordable = 30.7%FM/69.3% Affordable
Proposed Parking-4 Garages and two parking spaces are on-site and accessed
from the alley on the south of the lot. This greatly improves the current
situation of 100% off-site parking.
Proposed Setbacks-10' front setback to porch towards Bleeker, 15' to dwelling.
11" rear setback from lot line in back
(4' of cantilevered second level deck overhangs within the 10')
5' sideyard setback
Surrounding Neighborhood- This R-6 lot is surrounded by commercial use. To
the east is the U.S. West facility, to the south is the Medical Center and
Design Workshop, across the street to the west is Hotel Aspen, on the
opposite corner is the yellow brick building. The only adjoining residential
use is across Bleeker street. This lot is located walking distance to town
making it an ideal location for affordable housing. The Victorian design with
S E M R P U 3031/2 East Main
Aspen,Colorado 8161
BUILDING AND DES :N Phone: (970)925-6447
. Three-dimensional Computer Imaging
several covered porches will complement the existing Victorian
neighborhood around the yellow brick building.
Surrounding Zoning and Setbacks-To the north is R-6 zone with required front
setback of 10', rear yard minimum of 10' (garage minimum 5'), side yard a
minimum of 5'. To the west is LP zone with required front setback 10', rear
yard of 10', and side yard of 5'. To the south is Office zone with required
front setback of 10', side yard of 5', and rear yard of 15'.
Construction Schedule- Assuming approvals are received in a timely fashion,
construction will begin May 1, 1996 and complete January 1, 1997. All
materials and equipment will be kept on the site and off of any public
right of ways.
Consistency with Aspen Community Plan- The proposed development is
completely in accordance with the stated goals of the city; relocating workers
upvalley, small scale affordable housing located walking distance to town,
and private developers assuming the responsibility for affordable housing.
The design of the project will show affordable housing can be of high quality
and fit in nicely with the surrounding neighborhood.
Exterior Lighting- Minimum lighting, a small Victorian (60 watt) fixture, will be
placed by each exterior door and stairwell as needed.
Utilities- Existing gas, electrical, water, sewer, and phone lines already in place to
be re-used and updated to accomodate the new structure.
2.
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MEMORANDUM
TO: Mayor and City Council
THRU: Amy Margerum, City Manager / 77
THRU: Stan Clauson, Community Development Director
FROM: Dave Michaelson,Deputy Director
DATE: March 25, 1996
RE: Victorians at Sleeker Affordable Housing Project• Rezoning to AH1/PUD,
Conceptual and Final PUD, GMQS Exemption
SUMMARY: The Victorians at Bleeker is a proposed affordable housing project located at the
southeast corner of Bleeker and Garmisch Streets. The applicant proposes to demolish an
existing four-plex and replace it with a two structures with two free market units, two resident
occupied (RO) units and three category 4 studio affordable housing (AH) units. The free market
and RO units are located on the primary building fronting on Bleeker, and the three AH units are
located above four garages along the alley frontage. A project summary, vicinity map, existing
improvement survey, adjacent land use map, and proposed site plan and elevations are attached
as Exhibit A. Ordinance 55, Series of 1995 establishing the requirements and review criteria for
the AI-I1/PUD zone district are attached as Exhibit B. A color schematic of the Sleeker Street
elevation is attached as Exhibit C.
APPLICANT: Larry Saliterman,represented by Tim Semrau, Semrau Building and Design
LOCATION/ZONING: Lots A and B, Block 66, City and Townsite of Aspen (101 E. Bleeker
Street). The parcel is approximately 6600 square feet, including a portion of a vacated alley.
The property is currently zoned R-6. Staff notes that the vacated alley has not been included for
lot area or FAR calculations.
SURROUNDING NEIGHBORHOOD: The proposed lot is surrounded by commercial uses
including the U.S. West facility to the east, Design Workshop and the Medical Building to the
south and east. The Hotel Aspen is located on the west side of Garmisch, the Yellow Brick
School on the northwest corner of Bleeker and Garmisch, and residential uses are located
opposite the project on the north side of Bleeker. An adjacent land use map is included within in
Exhibit A.
REQUEST: The applicant is requesting Conceptual and Final PUD approval and a rezoning to
AH1/PUD, based on the AH1/PUD amendments recently adopted by Council (see AH1/PUD
zone text as Exhibit B). A summary sheet of development information (unit/bedroom mix,
setbacks and proposed square footage) are included in Exhibit A.
1
BACKGROUND: On January 16, 1996, the Planning and Zoning Commission conceptually
reviewed the project in a work session format. At that time, staff supported the project in terms
of the intent of the AH1/PUD zone district. Both the Commission and Staff supported the
project in concept, and indicated to the applicant that the most significant issues would most be
the massing and design of the project in the context of the existing neighborhood.
On March 5, 1996, the Planning and Zoning Commission unanimously recommended approval of
both the rezoning and PUD approval to the Council. Z' Tz ,,(.1 y.z Z.q t,
PROCESS: Section 26.84.030(3) allows the consolidation of conceptual and final development
review if staff determines that because of the limited extent of the issues involved in a proposed
PUD in relation to the applicable review procedures and standards, or because of a significant
community interest which the project will serve, a four-step review would be redundant and
serve no public purpose. Staff has made that determination that a two-step process is appropriate
based on the following:
1. The project is small in scope (development of a single project on a single lot);
2. The project is consistent with the AACP and the intent of the AH1/PUD zoning by
revitalizing the community be proposing AH units within the central core;
3. The existing unit is near the end of its useful life, and the proposed concept and design is
consistent with the character of the neighborhood.
Following approval of the AH1/PUD rezoning and Conceptual/Final PUD, the project will also
be required to obtain approval under Ordinance 30. Per Section 26.100.060 (3)(b), all affordable
housing deed restricted in accordance with the housing guidelines of the City Council and its
housing designee, shall be exempt from growth management competition and scoring procedures
by the City Council. Section 26.100.060 (5)(d) also exempts free market residential
development in the AH zone district from growth management competition and scoring
procedures. The AH units will be deducted from the pool. The two free market units are
replacing four existing units, and will not be deducted from the pool.
REFERRAL COMMENTS: Referral comments from Housing, Engineering and Parks are
attached as Exhibit D, and are summarized below:
Housine: The Housing Office is in support of the project, and finds that the discrepancy of.7%
free market bedrooms beyond the 30%/70% bedroom mix is minimal. The Housing Board
requested that the two studio units should be Category 3 instead of Category 4. Staff has
included that recommendation in the proposed conditions of approval. For reference, current
Housing Office guidelines for Category 3 and 4 for the proposed AH units are summarized
below:
Unit Category 3 Category 4
1 Bedroom Unit $112,100 $182,600
Studio Unit $101,700 $172,100
The applicant's response to this condition is attached as Exhibit E.
2
Parks: The Parks Department noted several existing trees that were not noted on the applicant's
site plan. All trees removed with the exception of the 3 1/2" spruce will be required to be
mitigated. The larger Spruce trees on Garmisch should be protected, which appears to be the
applicant's intent. The Parks Department also supports the installation of a sidewalk on
Garmisch.
Engineering: The Engineering Department has discussed the requirement that the applicant
obtain an access easement from the adjacent property owner to negotiate the 90 degree turn from
Garmisch. In addition, they requested that the existing head-in parking be converted to parallel
parking, and a sidewalk be installed on both the Garmisch and Bleeker Street fronts. All of
Engineering's comments have been included in the proposed conditions of approval.
STAFF COMMENTS: The review of an AH1/PUD project is based on compliance with the
both Standards of Review for a zoning amendment (26.92.020), and Review Standards for a
PUD application (26-84-030), and specific requirements of the AHl/PUD standards. Staffs
analysis is divided into two separate sections based on these requirements.
Purpose of Zone District: The AHl/PUD zone district is intended for residential use primarily
by permanent residents of the community. Recreational and institutional uses customarily found
in proximity to residential uses are included as conditional uses. Lands in the AH1/PUD zone
district should be scattered throughout the City to ensure a mix of housing types, including those
which are affordable by its working residents; at the same time, the AHl/PUD zone district can
protect the City's neighborhoods from rezoning pressures that other non-community oriented
zone districts may produce. Further, lands in the AH1/PUD zone district should be located
within walking distance of the center of the City, or on transit routes. The City's AH1/PUD
district only applies within the Aspen Municipal boundaries.
Rezoning Requirements: In reviewing an amendment to the zoning map, the City Council and
Commission shall consider the following:
1. Whether the proposed amendment is in conflict with any applicable portions of the
Municipal Code.
Response: The proposal is consistent with the intent of the AHl/PUD zone district, which is
specifically aimed at located AH uses within walking distance of the center of the City, or on
transit routes. In addition, the AHl/PUD zone district was intended to encourage the scattering
of such projects throughout the City to ensure a mix of housing types, including those types
which are affordable to its working residents.
2. Whether the proposed amendment is consistent with all elements of the Aspen Area
Community Plan.
Response: The AACP includes several policies applicable to the proposal, including the
following:
a) "development of small scale residential housing which fits the character of the
community and is interspersed with free market housing throughout the Aspen Area and
up valley from Aspen Village."
3
b) "Whenever appropriate, work with landowners whose property is well suited and
well located to develop affordable housing projects."
c) "The public and private sectors together should develop 650 new affordable
housing units, ...These units can be created through development of new units as well as
conversion of existing units."
3. Whether the proposed amendment is compatible with surrounding zone districts and
land uses, considering existing land use and neighborhood characteristics.
Response: The proposed project is currently located within the R-6 zone district, which contain
relatively dense settlements of predominantly detached and duplex residents, and is within
walking distance of the central core. The existing structure is a four-plex of approximately 600
s.f. per unit, which are not deed-restricted, and are considered free-market rentals. The existing
occupancy of the units are not known, but the free-market status of the units implies that multiple
occupancy of each units is likely. In affect, the density on the site will be less under the
proposed scenario.
4. The effect of the proposed amendment on traffic generation and road safety.
Response: The proposed project will redevelop the property into seven dwelling units. The
existing structure includes 4 dwelling units, with occupancy not known. Due to close proximity
to the central core and available transit, staff does not consider the additional units as creating
unacceptable traffic generation or safety hazards.
5. Whether and the extent to which the proposed amendment would result in demands on
public facilities, and whether and the extent to which the proposed amendment would
exceed the capacity of such public facilities, including but not limited to transportation
facilities, water supply,parks, drainage, schools, and emergency medical facilities.
Response: To staffs knowledge, the proposed amendment and PUD will not adversely impact
public facilities.
6. Whether and the extent to which the proposed amendment would result in significantly
adverse impacts in the natural environment.
Response: The proposed project is a redevelopment of a currently developed lot. Although the
structure is smaller in size (Lot Coverage= 10.8%), the proposed structure is generally consistent
with the Lot Coverage under the existing R-6 zoning (allowed = 40%, proposed ( 55%). Staff
does not consider the project as representing significant impacts on the natural environment.
7. Whether the proposed amendment is consistent with and compatible with the community
character in the City of Aspen.
Response: The proposed amendment to AH1/PUD is clearly consistent with the intent of the
community to provide additional housing for the local work force. In addition, the location of
the parcel is consistent with the intent statement of the AHl/PUD zone district, which states that
the zone district should be spread throughout the City, located within walking distance of the
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central core, and is in close proximity to available transit. The replacement of the existing
structure, as depicted, is compatible with the character of Aspen.
8. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
Response: The only significant change associated with the parcel is the aging nature of the
existing free-market building, which would be replaced with both free market and deed
restricted affordable units.
9. Whether the proposed amendment would be in conflict with the public interest, and is in
harmony with the intent of the City of Aspen Land Use Code.
Response: The provision of affordable housing near the central core is consistent with the both
the public interest and all applicable portions of the Land Use Code.
PUD Requirements: A development application for a PUD must comply with the following
standards and requirements:
1. The proposed development shall be consistent with the Aspen Area Community Plan.
. Response: As cited earlier, the AACP clearly envisioned rezoning and PUD approvals consistent
with the current proposal.
2. The proposed development shall be consistent with the character of the existing land
uses in the surrounding area.
Response: The proposed lot is surrounded by commercial uses including the U.S. West facility
to the east, Design Workshop and the Medical Building to the south and east. The Hotel Aspen
is located on the west side of Garmisch, the Yellow Brick School on the northwest corner of
Bleeker and Garmisch, and residential uses are located opposite the project on the north side of
Bleeker. An adjacent land use map is included within Exhibit A.
The R-6 zone district is the most dense settlement pattern in the City, and the proposed AH
project is consistent with the existing character of the area.
3. The proposed development shall not adversely affect the future development of the
surrounding area.
Response: The proposed development is consistent in massing, size and use of parcels in the
immediate vicinity, and should in no way adversely affect development of the surrounding area.
4. The maximum density shall be no greater than that permitted in the underlying zone
district. Furthermore, densities may be reduced if.
a. There is not sufficient water pressure and other utilities to serve the
proposed development;
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b. There are not adequate roads to ensure fire protection, snow removal
and road maintenance to the proposed development;
c. The land is not suitable for the proposed development because of slope,
ground instability, and the possibility of mud flow, rockfalls and avalanche
dangers;
d. The effects of the proposed development are detrimental to the natural
watershed, due to runoff, drainage, soil erosion and consequent water pollution;
e. The proposed development will have deleterious effect on air quality in
the surrounding area and the city; or
f. The design and location of any proposed structure, road, driveway, or
trail in the proposed development is not compatible with the terrain or causes
harmful disturbance to critical natural features of the site.
Response: Staff notes that the AH1/PUD process requires that the property be rezoned
from R-6 to A1-11, and then processed as a PUD. The AH1 zone district requires that for
multi-family dwellings, the square feet requirements apply:
Studio = 300 s.f.
1 Bedroom =400 s.f.
2 Bedroom = 800 s.f.
3 Bedroom = 1,200 s.f.
> 3 Bedrooms =One (1) bedroom per 400 s.f of Lot Area
The allowable FAR on the property cannot exceed 1.1:1.
The proposed project complies with all of these requirements, and all other dimensional
aspects of the project are determined by PUD review.
5. In order to reduce wildfire, mudslide, and avalanche hazards; enhance soil
stability; and guarantee adequate fire protection access, the density of a PUD
shall also be reduced in areas with slopes in excess of twenty percent.
Response: The property has existing slope of less than 3%, and is not located in area
identified as having any natural hazards that would limit development of the property.
6. Land Uses. The land uses permitted shall be those of the underlying zone
district. Multi-Family dwelling units shall only be allowed when permitted by
the underlying zone district.
Response: The AH1/PUD zone district clearly envisioned the development of multi-
family units, and the proposal is consistent with the dimensional standards established in
the zone district(see Section D(2) on page 3 of Exhibit B).
7. Dimensional Requirements. The dimensional requirements shall be those of the
underlying zone district, provided that variations may be permitted in the following:
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a. Minimum distance between buildings;
b. Maximum Height;
c. Minimum front, rear and side yard;
d. Minimum lot width and area;
e. Trash access area, internal floor area and minimum percentage of open
space.
Response: The applicant proposes the following dimensional requirements:
Maximum distance between buildings =N/A.
Maximum Height= 23' (1/3 up rake)
Front Yard Setback= 10' from Bleeker, 15' to front facade
Side Setback=5'
Rear setback= 11'
For comparative purposes, the R-6 zone district, located to the north and east, requires a
10' front and rear setback, and a side yard of 5'. The LP zone district to the west(across
Garmisch) has the same requirements. The Office zone to the south requires a front
setback of 10', side yard of 5', and a rear yard of 15'. The proposed dimensional
requirements for the project do not represent a radical departure from the requirements of
adjacent properties.
8. Off-street parking. The number of off-street parking spaces may be varied from
that required in the underlying zone district based on the following
considerations:
a. The probable number of cars used by those using the proposed
development.
b. The parking need of any nonresidential units.
c. The varying time periods of use, whenever joint use of common parking
is proposed.
d. The availability of public transit and other transportation facilities,
including those for pedestrian access and/or the commitment to utilize
automobile disincentive techniques in the proposed development.
e. The proximity of the proposed development to the commercial core or
public recreational facilities in the city.
Response: The off-street parking standards are established by Special Review, with the
maximum number of parking spaces to be required not to exceed 2 spaces per dwelling
unit for free market units. Parking spaces for affordable units shall not exceed I space
per bedroom or 2 spaces per dwelling unit, whichever is less.
The proposal provides a single car garage for each of the free market and RO units. and 2
uncovered spaces are provided east and west of the garages, for a total of 6 off-street
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spaces accessing off of the alley from Garmisch. The conversion of the existing on-street
parking will still allow 4-6 spaces in the 85 feet within the public right-of-way, allowing
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for a 15' clear zone at the intersection with Bleeker Street.
P<< vs
Le, 410u�0 There are currently no off-street parking available for the existing multi-family unit, and
residents utilize the head-in parking located within the existing ROW. In addition, the
L• project is located in close proximity to transit, the central core, and recreational facilities.
• • AH units typically generate less demand for vehicles than commercial or free-market
residential uses. The Planning Commission recommended approval of the proposed
parking plan.
Staff would suggest that the on-street head-in parking be modified in the following
fashion:
1. The existing head-in spaces be converted to parallel parking;
2. The additional area between the new parking configuration be landscaped, and a
sidewalk be installed along the Garmisch frontage to provide a buffer between
the travel lanes and parking. The applicant has agreed to participate in the
landscaping between the west lot line and the Garmisch right-of-way. All
striping and signing within the right-of-way would be the obligation of the City.
The sidewalk installation on both street frontages would the responsibility of the
applicant.
9. Open Space. The Open Space requirement shall be that of the underlying zone
district. However, a variation in minimum open space may be permitted if such
variation would not be detrimental to the character of the proposed PUD, and if
the proposed development shall include open space for the mutual benefit of all
development in the proposed PUD through a common park or recreation area.
Response: There is no open space requirement in the R-6 district, and the AH1/PUD
requirements do not establish an open space requirement. Based on the current
definition of Open Space, the site plan depicts approximately 30 percent open space.
Staff finds that this is appropriate for both the site and the surrounding neighborhood.
10. Landscape Plan. There shall be a approved as pan of the final development
plan a landscape plan, which exhibits a well designated treatment of exterior
spaces. It shall provide an ample quantity and variety of ornamental plant
species that are regarded as suitable for the Aspen area climate.
Response: The Parks Department has reviewed the project, and Planning staff has
incorporated these suggestions in conditions of approval.
11. Architectural Site Plan. There shall be approved as pan of the final
development plan an architectural site plan, which ensures architectural
consistency with the proposed development, architectural character, building
design, and the preservation of the visual character of the City.
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Response: The proposed elevations (Exhibit A and C) depict a two-story Victorian
design with a wrap-around front porch on the Bleeker facade. The Garmisch facade also
includes a first-story wrap-around porch design, with second-story porches for all four
units. The inclusion of first and second story porches is an appropriate design to
encourage interaction with both streets, and is consistent with the intent of Ordinance 30.
In comparison to the existing structure, the proposed architectural site plan is consistent
with the visual character of the neighborhood.
12. Lighting. All lighting shall be arranged so as to prevent direct glare or
hazardous interference of any kind to adjoining streets or lands.
Response: The applicant proposes a single 60 watt Victorian fixture at each front door
and exterior stairwell. No additional exterior lighting is proposed.
13. Clustering. Clustering of Dwelling Units is encouraged.
Response: Not applicable.
14. Public Facilities. The proposed development shall be designed so that adequate
public facilities will be available to accommodate the proposed development at
the time development is constructed, and that there will be no net public cost for
the provision of these public facilities. Further, buildings shall not be arranged
such that any structure is inaccessible to emergency vehicles.
Response: To staff's knowledge, all necessary public utilities are in place. All
proposed public facilities will be the responsibility of the applicant.
15. Traffic and Pedestrian Circulation.
a. Every dwelling unit, or other land use permitted in the PUD, shall have
access to a public street either directly or through an approved private road, a
pedestrian way, or other area dedicated to the public.
b. Principal vehicular access points shall be designed to permit smooth
traffic flow with controlled turning movement and minimum hazards to vehicular
or pedestrian traffic. Minor streets within the PUD shall not be connected to
streets outside the development as to encourage their use by through traffic.
c. The proposed development shall be designed so that it will not create
traffic congestion on the arterial and collector roads surrounding the proposed
development, or such surrounding collector or arterial roads shall be improved
so that they will not adversely affected.
d. Every residential building shall not be farther than sixty (60)feet from
an access roadway or drive providing access to a public street.
e. All nonresidential uses land uses within the PUD shall have direct
access to a collector or arterial street without traffic hazards or congestion on
any street.
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f. Streets in the PUD may be dedicated to public use or retained under
private ownership. Said streets and associated improvements shall comply with
all pertinent city regulations and ordinances.
Response: The proposal currently meets all requirements of this section, and will
improve access to the site by utilizing access from the alley. This is assuming that all
necessary easements can be obtained to widen the geometric access to the garage
openings. In addition, no additional traffic generation is expected under the
redevelopment plan.
STAFF RECOMMENDATION: Staff is in support of both the rezoning a PUD
approval. The project is clearly consistent with the intent of the AH1/PUD zone district
and pertinent portions of the AACP. Staff recommends approval based on the following
conditions. On March 5, 1996, the Planning and Zoning Commission unanimously
recommended approval of the rezoning, Conceptual and Final PUD approval, and
parking special review, with the following conditions:
1. All material representations of the applicant, either in the application or during
the public hearing before the Planning and Zoning Commission and the City Council
shall be adhered to and considered conditions of approval, unless otherwise amended by
other conditions.
2. The applicant shall agree to join any future improvement district which may be
formed for the purpose of constructing improvements in the public-right-of-way.
3. The building permit application must include a stormwater runoff mitigation
plan for construction activities to ensure that no runoff enters the public right-of-way.
4. The existing utility pedestal shall be relocated onto an easement on the
applicant's property at the time of development and that any new surface utility needs for
pedestals or other equipment be installed on an easement provided by the applicant and
not in the public right-of-way.
5. The final development plan must include trash/recycle storage areas. Any trash
and recycle areas that include utility meters or other utility equipment must provide that
the utility equipment not be blocked by trash and recycle containers.
6. The applicant shall obtain an easement from the adjacent property owner, to the
satisfaction of the City Engineer, to ensure adequate access to the garage openings.
7. The Final Development Plan must indicate proposed landscaping in the public
right-of-way.
8. Sidewalks shall be required on both the Garmisch and Bleeker street frontages.
The design and location of the sidewalks shall be approved by the City Engineer prior to
construction by the applicant.
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9. The existing street light mounted on a former utility pole at the corner of
Garmisch and Bleeker shall be replaced with an antique street light.
10. The final plat must indicate easements of record based on current title policy.
11. The applicant shall receive approval from City Engineering for design of
improvements, including landscaping, within the public right-of-way, park department
for vegetation species, and street department for streets and alley cuts, and shall obtain
permits for any work or development, including landscaping, with the public rights-of-
way from the City Community Development Department.
12. The applicant shall incorporate the Housing Board's suggestion that two studio
units be Category 3 instead of Category 4.
RECOMMENDED MOTION: I move to approve Ordinance _, Series of 1996
on first reading, approving the rezoning from R-6 to AH1/PUD and
ConceptuaUFinal PUD approval for the "Victorians at Sleeker", with the
conditions as outlined in the Planning Office Memo dated March 25, 1996."
Attachments: Exhibit A - Application
Exhibit B - AH1/PUD Zoning Regulations
Exhibit C - Bleeker Street Facade
Exhibit D - Referral Comments
Exhibit E- Applicant's Response to Housing Comments
Exhibit F- Ordinance , Series of 1996.
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Exhibit B
EXHIBIT B
ORDINANCE NO. 55
(SERIES OF 1995)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, AMENDING
CHAPTER 24 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, BY AMENDING
SECTION 24-5-206.2 TO PROVIDE MORE DESIGN FLEXIBILITY WITH A
PLANNED UNIT DEVELOPMENT OVERLAY, AMEND THE ALLOWABLE FLOOR AREA,
AND AMEND THE BEDROOM MIX BETWEEN AFFORDABLE AND FREE MARKET UNITS
IN THE AFFORDABLE HOUSING ZONE DISTRICT.
WHEREAS, Section 24-7-1103 Of the Municipal Code provides that
amendments to Chapter 24 of the Code, to wit, "Land Use
Regulations" , shall be reviewed and recommended for approval by the
Community Development Director and then by the Planning and Zoning
Commission at public hearing, and then approved, approved with
conditions, or disapproved by the City Council at public hearing;
and
WHEREAS, the Aspen Area Community Plan recommends the adoption
of an Affordable Housing zone district in Pitkin County, and the
Plan also recommends refinement of the existing Affordable Housing
zone district in the City with additionnl revisions to the Res d : r
Occupied category housing; and
WHEREAS, the Aspen Area Community Plan also created a metro
area development allocation pool that requires any changes to the
development review process for the metro area to be reviewed by
both the City and County Planning and Zoning Commissions as -cbe
Growth Management Commission; and
WHEREAS, the Community Development staff proposed to both rd-e
joint 'Planning and Zoning Commissions and the Council and Board of
County Commissioners the adoption of the Affordable Housing zone
1
district in Pitkin County and additional revisions to the City' s
Affordable Housing zone district; and
WHEREAS, the Board of County Commissioners and the City
Council did conduct several worksessions with regard to the
proposed amendments and the overall coordinated goals and
objectives of the Affordable Housing amendments as they relate to
the AACP; and
WHEREAS, the joint, City and County Planning and Zoning
Commissions held several worksessions and did conduct public
hearings to review the proposals on August 1, 1995 and again on
September 26 , 1995 ; and
WHEREAS, upon review and consideration of the text amendment,
agency and public comment thereon, and those applicable standards
as contained _n Chapter 24 of the Municipal Code, to wit, Division
11 of Article 7 (Text Amendments) , the Planning and Zoning
Commission has recommended approval of the text amendments
recommended by the Community Development staff pursuant to
procedure as authorized by Section 24-6-205 (A) (5) of the
Municipal Code; and
WHEREAS, the Aspen City Council has reviewed and considered
the text amendments under the applicable provisions of the
Municipal Code as identified herein, has reviewed and considered
those recommendations and approvals as granted by the Planning and
Zoning Commissions, and has taken and considered public comment at
public hearing; and
WHEREAS, the City council finds that the text amendments meet
2
•
or exceeds all applicable development standards and is consistent
with the goals and elements of the Aspen Area Community Plan; and
WHEREAS, the City council finds that the proposed text
amendment will allow and promote better site design, encourage
small, family-oriented affordable housing, promote housing
proposals that reflect surrounding neighborhood characteristics and
will be consistent with the public welfare and the purposes and
intent of Chapter 24 of the Municipal Code.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN COLORADO:
Section 1: Pursuant to Section 24-7-1102 of the Municipal Code,
the City Council finds as follows in regard to the text amendment:
1 . The proposed text amendments as set forth are not in conflict
with the provisions of Chapter 24 of the Municipal code or the
Aspen Area Community Plan.
2 . The proposed text amendments will not adversely impact traffic
generation or road safety when taken into consideration with
the other aspects of the Municipal Code.
3 . The proposed text amendments will promote the public interest
and character of the City of Aspen.
4 . The proposed text amendments are consistent with the
recommendations of the Aspen Area community Plan.
Section 2 : Section 5-206 . 2 of Chapter 24 of the Municipal Code of
the City of Aspen, Colorado , is hereby amended, which new text
shall read as follows :
Sec. 5-206.2 . Affordable Housing/Planned Unit Development (AH
1/PUD)
A. Purpose . The purpose of the Affordable Housing (AH) zone
district is to provide for the use of land for the production
of Category 1, 2 , 3 , and 4 affordable housing and resident
occupied lots and units . The zone district also permits a
limited component of free market lots/units to off-set the
3
•
cost of developing affordable housing. It is contemplated
that land may also be subdivided in connection with a
development plan.
The Affordable Housing 1/PUD (AH) zone district is intended
for residential use primarily by permanent residents of the
community. Recreational and institutional uses customarily
found in proximity to residential uses are included as
conditional uses . Lands in the Affordable Housing (AH 1/PUD)
zone district should be scattered throughout the city to
ensure a mix of housing types, including those which are
affordable by its working residents; at the same time the
Affordable Housing (AH 1/PUD) zone district can protect the
city ' s neighborhoods from rezoning pressures that other non-
community oriented zone districts may produce. Further, lands
in the Affordable Housing (AH 1/PUD) zone district should be
located within walking distance of the center of the city, or
on transit routes . The City AH 1/PUD zone district only
applies within the Aspen Municipal boundaries .
B. Permitted uses . The following uses are permitted as :> right
in the Affordable Housing (AH 1/PUD) zone district.
1 . Residential uses restricted to Category 1 , 2 , -,nd 4
affordable housing guidelines and resident occupied units
(as defined by the Housing Authority Guidelines of the
Aspen/Pitkin County Housing Authority) must comprise at
least seventy (70) percent of the unit mix, of the
development. Of this 70%, 40% of the units must be deed
restricted to Category 1, 2 , 3 , or 4 pursuant to the
Affordable Housing Guidelines , and Resident Occupied
units may comprise up to 30% of the unit mix. Free
market development may comprise up to thirty (30, percent
of the units mix. For projects that comprise only 3
residential units, of this 33% of the units must be deed
restricted to Category 1, 2 , 3 , or 4 pursuant to the
Affordable Housing Guidelines, and Resident Occupied units
may comprise 33%, and free market development may
comprise up to 33% of the units mix.
Only 30% percent of a project ' s bedrooms may lot :Located
within free market units . Category housing and Resident
Occupied units must comprise 70% of the bedroom mix.
Despite these requirements, projects may be compr' sed of
all Category deed restricted or Resident occupiec' ,nits .
In the event that no free market development is , reposed
as part of the project, the limitation on Pos ident
Occupied units and bedroom mix shall not apply.
Residential uses may be comprised of single-;. amily,
duplex and multi-family dwelling units .
In order to be eligible for a reduction in the
4
requirement to the level of 60% Affordable Housing and
40% Free Market Housing the project shall be required to
demonstrate to the satisfaction of the City Council that
all of the following criteria have been met.
a. The quality of the proposed development
substantially exceeds that established in the
minimum threshold for the scoring established in
Sec. 4-60. 65-B.V.
b. The proposal maximizes affordability, consistent
with housing needs established as priority through
the current AH Guidelines;
c. The proposal integrates a mixture of economic levels
and housing for a variety of lifestyles (e.g. ,
singles, seniors and families) ;
d. The proposal minimizes impacts on infrastructure by
incorporating innovative, energy-saving site design,
structural design characteristics or other
techniques that minimize the use of water, heating
and sewage disposal;
e. The proposal incorporates or integrates with an
existing local based economy (i. e. , sustainable
local businesses) ;
f. The proposal accomplishes a level of design and site
plan ingenuity that advances the community goals
expressed in the Aspen Area Community Plan; and
g. The proposed project represents an exceptional
commitment to advancing the visions, goals and
specific action items of the Aspen Area Community
Plan, particularly those described in the scoring
criteria of Secs. 5- Ice •
h. No RO units are included in the project; only
category units are included in the project.
2 . Home occupations ; and
3 . Accessory buildings and uses.
C. Conditional uses . The following uses are permitted as
conditional uses in the Affordable Housing (AH) zone district,
subject to the standards and procedures established in Article
7 , Division 3 .
1 . Open use recreation site;
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2 . Day care center;
3 . Satellite dish antennae; and
4 . Dormitory.
5 . Transit facilities
D. Dimensional requirements . The following dimensional
requirements shall apply to all permitted and conditional uses
in the Affordable Housing (AH 1/PUD) zone district.
1 . Minimum lot size (square feet) :
a. for subdivided lots from a parcel of 27 , 000 square
feet or larger: 3 , 000 square feet
b. for subdivided lots from a parcel less than 27 , 000
square feet: 1, 500 square feet
2 . Minimum lot area per dwelling unit (square feet) :
a. For subdivided lots from a parcel of 27 , 000 square
feet or larger:
Detached residential dwelling: 1, 500 square feet
Duplex: 1, 500 square feet
b. For subdivided lots from a parcel less than 27 , 000
square feet:
Detached: 3 , 000 square feet
Duplex: 1, 500 square feet
For multi-family dwellings on a lot that was
subdivided from a parcel of 27 , 000 square feet or
less or for lots that were subdivided from a parcel
of 43 , 560 square feet or less when approved by
special review pursuant to Article 7 , Division 4 ,
the following square feet requirements apply:
Studio: 300
1 bedroom: 400
2 bedroom: 800
3 bedroom: 1, 200
Units with more than 3 bedrooms: One (1)
bedroom per 400 square feet of lot area .
For multi-family dwellings on a lot that was
subdivided from a parcel of more than 27 , 000 square
6
feet (except when varied by special review) the
following square feet requirements apply:
Studio: 1, 000
1 bedroom: 1, 250
2 bedroom: 2 , 100
3 bedroom: 3 , 630
Units with more than 3 bedrooms: One ( 1)
bedroom per 1, 000 square feet of lot area.
3 . Minimum lot width (feet) : To be determined during PUD
review, based upon the criteria in Section 7-903
including but not limited to neighborhood compatibility
and adjacent zone district regulations .
4 . Minimum front yard (feet) : To be determined during PUD
review, based upon the criteria in Section 7-*J1
including but not limited to neighborhood compatibilit'
and adjacent zone district regulations .
5 . Minimum side yard (feet) : To be determined during PUD
review, based upon the criteria in Section 7-903
including but not limited to neighborhood compatibility
and adjacent zone district regulations .
The minimum side yard for multi-family dwellings : To be
determined during PUD review, based upon the criteria to
Section 7-903 including but not limited to neighborhood
compatibility and adjacent zone district regulation .
6 . Minimum rear yard (feet) : To be determined during PUD
review, based upon the criteria in Section 7-903
including but not limited to neighborhood compatibility
and adjacent zone district regulations .
7 . Maximum height (feet) : To be determined during POP
review, based upon the criteria in Section 7 -9U :
including but not limited to neighborhood compatibility
and adjacent zone district regulations .
8 . Minimum distance between buildings on the lot. To
determined during PUD review, based upon the criteria Lr
Section 7-903 including but not limited to neighborhc:d
compatibility and adjacent zone district regulations
9 . Percent of open space required for building site: To be
determined during PUD review, based upon the criteria in
Section 7-903 including but not limited to neighborhood
7
compatibility and adjacent zone district regulations
10 . External floor area ratio (applies to conforming and
nonconforming lots of record) .
The allowable floor area permitted in this
zone is determined by the following table and
shall be applied to the proposed fathering
parcel. Floor area allocations on newly
proposed subdivided lots shall be determined
as part of the Planned Unit Development
review, but in no case shall they cumulatively
exceed the provisions of this section. Sites
., may be developed up to 85% of the allowed
floor area. Up to 100% of the floor area may
be permitted by special review, pursuant to
Article 7 , Division 4 .
Lot Size Allowable
(Square Feet) Square Feet
0--15 , 000 square feet 1 . 1: 1
15 , 001 square feet--25 , 000 square feet 1: 1
25, 001--43 , 560 square feet . 3 : 1
>1 acre--3 acres . 6 : 1
>3 acres -- 6 acres . 36 : 1
>6 acres . 3 : 1
11 . Internal floor area ratio: No requirement.
E. Off-street parking requirement . The following off-street
parking spaces shall be provided for each use in the
Affordable Housing (AH) zone district.
1 . Residential uses : Established by special review pursuant
to Article 7 , Division 4 . The maximum number of parking
spaces required shall not exceed 2 space/dwelling unit
for Free Market Units . Parking spaces shall not exceed
1 space/bedroom or 2 spaces/dwelling unit, whichever is
less for the Affordable Units.
2 . All other: N/A.
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 condubted and
concluded under such prior ordinances .
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Section 4 : If any section, subsection, sentence, clause, phrase,
or portion of this Ordinance is for any reason held invalid or
unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
shall not affect the validity of the remaining portions thereof .
Section 5 : A public hearing on the Ordinance shall be held on the
day of , 1995 at 5 : 00 in the City Council Chambers , Aspen
City Hall, Aspen Colorado, fifteen ( 15) days prior to which hearing
a public notice of the same shall be published 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 day of
, 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
9
APR-16-19% 15 27 SEMRAU BUILDING & DESIGN P.01
llett t'V''r . r•— - nary. rev • --
Actual sq.ft. To FAR
#of Units et Pe 2210
2 Free Resident Occupied 2.4 7 2 1 /72-
Resident Occupied
� Category 4 Studio E 511 y 4,6 o
1 Category 4 Studio (00O 138
1 Category 4 1-bedroom �7 37
- 0
4 Garages/Storage MUD
y Z y2.
1 Equipment Room g 9 b _
Porches/Decks
-TOTAL 72%128% MI to FM
BACKGROUND: On January 16, 1996, the Planning and Zoning Commission conceptually
reviewed the project in a work session. At that time, staff supported the project in terms of the
intent of the AHI/PUD zone district. Both thc Commission and Staff supported the project in
concept, and indicated to the applicant that the most significant issue be the massing and design
of the project in the context of the existing neighborhood.
On March 5, 1996,the Planning and Zoning Commission unanimously recommended approval,
with conditions,for both the rezoning and PUD approval to Council.
PROCESS: Section 26.84.030{3) allows the consolidation of conceptual and final development
review if staff determines that because of the limited extent of the issues involved in a proposed
PUD in relation to the applicable review procedures and standards, or because of a significant
community interest which the project will serve, a four-step review would be redundant and
serve no public purpose. Staff has made that determination that a two-step process is appropriate
based on the following:
1. The project is small in scope(development of a single project on a single lot);
2. The project is consistent with the AACP and the intent of the AHl/PUD zoning in terms
of revitalizing the community by developing MI units within the central core;
3. The existing unit is near the end of its useful life,and the proposed concept and design is
consistent with the character of the neighborhood.
Following approval of the AFII/PUD rezoning and Conceptual/Final PUD, the project t olwill also
be required to obtain approval under Ordinance 30. Per Section 26.100.060 (3)(b),
housing deed restricted in accordance with the housing guidelines of the City Council and its
housing designee, shall be exempt from growth management competition and scoring procedures
by the City Council. Section 26.100.060 (5)(d) also exempts free market residential
development in the MI zone district from growth management competition and scoring
procedures. The Ali units will be deducted from the pool,and require a GMQS Exemption from
Council. The two free market units are replacing four existing units, and will not be deducted
from the pool.
REFERRAL COMMENTS: Referral comments front Housing, Engineering and Parks are
attached as Exhibit C,and are summarized below:
2
TOTAL P.01
3031/2 East Main
S E M R A _ Aspen, Colorado 81611
4\) BUILDING AND DESIGN Phone: (970)925-6447
% Three-dimensional Computer Imaging 7 Fax: (970)925-6437
4/15/96
To; Dave Michaelson
From; Tim Semrau
Revised FAR Calculation Victorians at Bleeker;
Actual To FAR
Basement Units A-D 2200 0
First Floor Units A-D 2242 2242
Upper Floor Units A-D 2000 2000
4 Garages/Exterior Storage 1146 0
(250 SF exception per unit)
Equipment Room 42 42
Units E and F- Category Studios 1144 1144
Unit G Category 1 BR 738 738
Porches/Decks all units 846 0
Total 6166 SF
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Exhibit F
ORDINANCE NO._
(SERIES OF 1996)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING REZONING FROM
R-6 (MEDIUM DENSITY RESIDENTIAL) TO AH1/PUD (AFFORDABLE
HOUSING/PLANNED UNIT DEVELOPMENT AND CONCEPTUAL/FINAL PLANNED
UNIT DEVELOPMENT (PUD) APPROVAL FOR THE BLEEKER STREET
VICTORIANS PROJECT FOR TWO FREE MARKET UNITS,TWO RESIDENT
OCCUPIED UNITS,AND THREE DEED RESTRICTED UNITS SITUATED ON LOTS A
AND B,BLOCK 66, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY,
COLORADO.
WHEREAS, in September Of 1995, the Affordable Housing/Planned Unit Development
(AHl/PUD) zone district was created to promote private sector development of deed restricted
affordable housing by allowing limited free market residential development within a project; and
WHEREAS, the Larry Saliterman (Applicant) submitted an application (the 'Plan") to the
Planning Office for rezoning of a 6,000 square foot parcel at 101 East Bleeker Street from R-6
(Medium Density Residential) to AHl/PUD to AB in conjunction with an application for
Conceptual/Final PUD and Parking Special Review; and
WHEREAS, the Planning and Zoning Commission reviewed the development proposal in
accordance with those procedures set forth at Section 26.84.030 (3), 26.84.030 and Section
26.92.020 of the Municipal Code and did conduct a public hearing thereon on March 5, 1996; and
WHEREAS, upon review and consideration of the plan, agency and public comment
thereon, and those applicable standards as contained in Chapter 26 of the Municipal Code, to wit,
Section 26.84.030 (Consolidated Review) and Section 26.92.020 (Zoning Amendment), the
1
Planning and Zoning Commission has recommended final approval of the "Victorians at Bleeker"
development subject to conditions, to the City Council; and
WHEREAS, the Planning and Zoning Commission further granted Special Review
approval for parking reduction in the AH1/PUD zone district ; and
WHEREAS, the Aspen City Council has reviewed and considered the Plan under the
applicable provisions of the Municipal Code as identified herein, has reviewed and considered
those recommendations and approvals as granted by the Planning and Zoning Commission, and has
taken and considered public comment at public hearing; and
WHEREAS, the City Council finds that the Plan meets or exceeds all applicable
development standards and that the approval of the Plan, with conditions, is consistent with the
goals and elements of the Aspen Area Community Plan; and
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public
health, safety, and welfare.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
Section 1: Pursuant to Ordinance 55, Series of 1995, the City Council finds as follows in regard to
the zoning map amendment component of the Plan:
1. The proposed zoning amendment as set forth in the Plan are not in conflict with the
provisions of Chapter 26 of the Municipal Code or the Aspen Area Community Plan.
2. The proposed zoning amendment is compatible with the surrounding zone districts and land
uses, and is consistent with the neighborhood characteristics.
3. The proposed zoning amendment will not adversely impact traffic generation or road safety
when taken into consideration with the other aspects of the Plan.
2
4. The proposed zoning amendment is consistent and compatible with the community
character of Aspen.
Section 2: Pursuant to the findings set forth in Section 1 above, the City Council grants
Conceptual and Final PUD approval, subject to the following conditions:
1. All material representations of the applicant, either in the application or during the
public hearing before the Planning and Zoning Commission and the City Council shall be
adhered to and considered conditions of approval, unless otherwise amended by other
conditions.
2. The applicant shall agree to join any future improvement district which may be
formed for the purpose of constructing improvements in the public-right-of-way.
3. The building permit application must include a stormwater runoff mitigation plan
for construction activities to ensure that no runoff enters the public right-of-way.
4. The existing utility pedestal shall be relocated onto an easement on the applicant's
property at the time of development and that any new surface utility needs for pedestals or
other equipment be installed on an easement provided by the applicant and not in the
public right-of-way.
5. The final development plan must include trash/recycle storage areas. Any trash
and recycle areas that include utility meters or other utility equipment must provide that
the utility equipment not be blocked by trash and recycle containers.
6. The applicant shall obtain an easement from the adjacent property owner, to the
satisfaction of the City Engineer, to ensure adequate access to the garage openings.
7. The Final Development Plan must indicate proposed landscaping in the public
right-of-way.
8. Sidewalks shall be required on both the Garmisch and Bleeker street frontages.
The design and location of the sidewalks shall be approved by the City Engineer prior to
construction by the applicant.
9. The existing street light mounted on a former utility pole at the corner of
Garmisch and Bleeker shall be replaced with an antique street light.
3
10. The final plat must indicate easements of record based on current title policy.
11. The applicant shall receive approval from City Engineering for design of
improvements, including landscaping, within the public right-of-way, park department for
vegetation species, and street department for streets and alley cuts, and shall obtain
permits for any work or development, including landscaping, with the public rights-of-
way from the City Community Development Department.
12. The applicant shall incorporate the Housing Board's suggestion that two studio
units be Category 3 instead of Category 4.
Section 3: Pursuant to Section 26.92.020, and findings set forth in Section 1 above, the City
Council does grant the following amendment to the Official Zone District Map and does designate
the following zone district for the development subject to the condition specified below:
1. Affordable Housingl/Planned Unit Development (AH1/PUD) zone district shall be applied
to Lots A and B, Block 66, City and Townsite of Aspen.
Section 4: All material representations and commitments made by the developer pursuant to the
Plan approvals as herein awarded, whether in public hearing or documentation presented before the
Planning and Zoning Commission and 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 other specific conditions.
Section 5 : The Official Zone District Map for the City of Aspen, Colorado, shall be and is hereby
amended to reflect the rezoning action as set forth in Section 3 above and such amendment shall be
promptly entered on the Official Map in accordance with the Municipal Code.
Section 6: 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
4
amended as herein provided, and the same shall be conducted and concluded under such prior
ordinances.
Section 7: 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 8: 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 vested property right pursuant to Title 24, Article 68, Colorado
Revised Statutes, pertaining to the following-described property:
The property shall be described in the notice and appended to said notice shall be the ordinance
granting such approval.
Section 9: That the City Clerk 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 10: A public hearing on the Ordinance shall be held on the day of , 1996
at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to
which hearing a public notice of the same shall be published in a newspaper of general circulation
within the City of Aspen.
5
INTRODUCED,READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the day of
, 1996.
John Bennett,Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this day of
, 1996.
John Bennett,Mayor
Attest:
Kathryn S. Koch, City Clerk
6
MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Stan Clauson, Community Development Director t/'
FROM: Dave Michaelson,Planner
DATE: January 16, 1995
RE: Victorians at Bleeker Affordable Housing Project-Work Session
SUMMARY: The Victorians at Bleeker is a proposed affordable housing project located at the
southeast corner of Bleeker and Garmisch Streets. The applicant proposes to demolish an
existing fourplex and replace it with a single structure with two free market units, two resident
occupied (RO) units and three category 4 studio affordable housing (AH) units. A project
summary, vicinity map, existing improvement survey, adjacent land use map, and proposed site
plan and elevations are attached as Exhibit A. Ordinance 55, Series of 1995 establishing the
requirements and review criteria for the AH 1/PUD zone district are attached as Exhibit B.
APPLICANT: Larry Saliterman, represented by Tim Semrau, Semrau Building and Design
LOCATION/ZONING: Lots A and B, Block 66, City and Townsite of Aspen (101 E. Sleeker
Street). The parcel is approximately 6600 square feet, including a portion of a vacated alley.
The property is currently zoned R-6. Staff notes that the vacated alley cannot be used for lot area
or FAR calculations.
SURROUNDING NEIGHBORHOOD: The proposed lot is surrounded by commercial uses
including the U.S. West facility to the east, and Design Workshop and the Medical Building to
the south and east. The Hotel Aspen is located on the west side of Garmisch, the Yellow Brick
School on the northwest corner of Bleeker and Garmisch, and residential uses are located
opposite the project on the north side of Bleeker. An adjacent land use map is attached in
Exhibit A.
REQUEST: The applicant is requesting a work session with the Commission to present a
proposed AH project, using the AH1/PUD amendments recently adopted by Council (see
AHl/PUD zone text as Exhibit B). A summary sheet of development information (unit/bedroom
mix, setbacks and proposed square footage) are included in Exhibit A.
Staff Comments: From a conceptual perspective, the project is clearly consistent with the
AACP goals of revitalizing the community by encouraging the development of AH units within
the central core. The existing unit was constructed in the mid-1960s, and is near the end of its
useful life. The existing rental units are free market without deed restrictions.
1
Parking is currently provided by "head-in" parking within the City right-of-way along Garmisch,
which would be eliminated by the proposal. The applicant is proposing a Victorian design in
order to ensure compatibility with the two landmarked structures on the north side of Bleeker.
As proposed, the project is consistent with the external FAR requirements (1.1:1) in the
AH1/PUD zone district, after eliminating the vacated alley from lot area calculations. The
applicant has not submitted south elevations to allow for a review of compatibility issues with
the historic landmarks on the opposite side of Bleeker, which will be the primary design issue
associated with the project.
There does appear to be a discrepancy between the bedroom mix requirements (30% /70%) and
the proposal (30.7% / 69.3%). Staff notes that the minutes from the AH1/PUD hearing imply
that the Commission was willing to have some form of"wiggle room" built into the process for
exceptional projects.
PROCESS: The project will be processed through the PUD process, with a four-step
application including conceptual and final PUD review by both the Planning and Zoning
Commission and the City Council. All setbacks, height, percent of open space and parking will
be determined during special review at final PUD. The project will also be required to comply
with the provision of Ordinance 30. The code does allow an applicant to request that the
Community Development Director approve a two-step process.
The applicant met with the Housing Board on January 11, 1995 and should have their comments
available during the work session.
Exhibits:
Exhibit A- Application, site plan and elevations
Exhibit B - Ordinance 55, Series of 1995.
2
. S E M R A,,,,) 3031/2 East Main
Aspen, Colorado 81611
CD BUILDING AND DESIGN Phone: (970)925-6447
Three-dimensional Computer Imaging Fax: (970)925-6437
12/18/95 Exhibit A
To; Community Development
From; Semrau building and design
RE; Preliminary proposal for 101 Bleeker street rezone to AH.
Lot size- 6000 square feet plus 600 square feet of vacated alley or 6600 sf.
Existing Use- Currently a 4 plex of 2400 square feet exists on the lot. These units
are near the end of their useful life and are in extremely dilapidated condition.
There is currently no off street parking for these 4 units and the residents
utilize the head in city parking off of Garmisch street.
Proposed Use-A rezoning from R-6 to AH and the building of 7 units as follows;
2 Free market 2 BR units of 1300 sf plus basement.
2 Resident Occupied 3 Br units of 1150 sf. plus basement.
3 Category 4 studio AH units of 540 sf.
Total FAR to be 6500 square feet.
Proposed Unit/Bedroom Mix-
2 units Free market/5 affordable housing = 28% FM/72% Affordable
4 BR Free market/9 BR affordable = 30.7%FM/69.3% Affordable
Proposed Parking-4 Garages and two parking spaces are on-site and accessed
from the alley on the south of the lot. This greatly improves the current
situation of 100% off-site parking.
Proposed Setbacks- 11' front setback to porch towards Bleeker.
11" rear setback from garages to alley in back
(4' of cantilevered second level deck overhangs within the 11')
6' sideyard setback
Surrounding Neighborhood- This R-6 lot is surrounded by commercial use. To
the east is the U.S. West facility, to the south is the Medical Center and Design
Workshop, across the street to the west is Hotel Aspen, on the opposite corner is the
yellow brick building. The only adjoining residential use is across Bleeker street.
This lot is located walking distance to town making it an ideal location for
affordable housing. The Victorian design with several covered porches will
complement the existing Victorian neighborhood around the yellow brick building.
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i 8. 303 1/2 east main. aspen, colorado 81611
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phone (970) 925-6447/fax(970) 925-6437
Exhibit B
i
ORDINANCE NO. 55
(SERIES OF 1995)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, AMENDING
CHAPTER 24 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, BY AMENDING
SECTION 24-5-206.2 TO PROVIDE MORE DESIGN FLEXIBILITY WITH A
PLANNED UNIT DEVELOPMENT OVERLAY, AMEND THE ALLOWABLE FLOOR AREA,
AND AMEND THE BEDROOM MIX BETWEEN AFFORDABLE AND FREE MARKET UNITS
IN THE AFFORDABLE HOUSING ZONE DISTRICT.
WHEREAS, Section 24-7-1103 Of the Municipal Code provides that
amendments to Chapter 24 of the Code, to wit, "Land Use
Regulations" , shall be reviewed and recommended for approval by the
Community Development Director and then by the Planning and Zoning
Commission at public hearing, and then approved , approved with
conditions , or disapproved by the City Council at public hearing;
and
WHEREAS, the Aspen Area Community Plan recommends the adoption
of an Affordable Housing zone district in Pitkin county, and :he
Plan also recommends refinement of the existing Affordable Housing
zone district in the City with addition::1 revision- to the Resits ro
Occupied category housing; and
WHEREAS, the Aspen Area Community Plan also created a metro
area development allocation pool that requires any changes to the
development review process for the metro area to be reviewed by
both the City and County Planning and Zoning Commissions as :he
Growth Management Commission; and
WHEREAS, the Community DevelopmenL staff proposed to both r:i:e
joint 'Planning and Zoning Commissions and the Council and Board of
County Commissioners the adoption of the Affordable Housing zone
1
• J
district in Pitkin County and additional revisions to the City' s
Affordable Housing zone district; and
WHEREAS, the Board of County Commissioners and the City
Council did conduct several worksessions with regard to the
proposed amendments and the overall coordinated goals and
objectives of the Affordable Housing amendments as they relate to
the AACP; and
WHEREAS, the joint, City and County Planning and Zoning
Commissions held several worksessions and did conduct public
hearings to review the proposals on August 1 , 1995 and again on
September 26 , 1995 ; and
WHEREAS, upon review and consideration of the text amendment,
agency and public comment thereon, and those applicable standards
as contained in Chapter 24 of the Municipal Code, to wit, Division
11 of Article 7 (Text Amendments) , the Planning and Zoning
Commission has recommended approval of the text amendments
recommended by the Community Development staff pursuant to
procedure as authorized by Section 24-6-205 (A) (5) of the
Municipal Code; and
WHEREAS, the Aspen City Council has reviewed and considered
the text amendments under the applicable provisions of the
Municipal Code as identified herein, has reviewed and considered
those recommendations and approvals as granted by the Planning and
Zoning Commissions, and has taken and considered public comment at
public hearing; and
WHEREAS, the City council finds that the text amendments meet
2
or exceeds all applicable development standards and is consistent
with the goals and elements of the Aspen Area Community Plan; and
WHEREAS, the City council finds that the proposed text
amendment will allow and promote better site design, encourage
small , family-oriented affordable housing, promote housing
proposals that reflect surrounding neighborhood characteristics and
will be consistent with the public welfare and the purposes and
intent of Chapter 24 of the Municipal Code.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN COLORADO:
Section 1: Pursuant to Section 24-7-1102 of the Municipal Code,
the City Council finds as follows in regard to the text amendment:
1 . The proposed text amendments as set forth are not in conflict
with the provisions of Chapter 24 of the Municipal code or the
Aspen Area Community Plan.
2 . The proposed text amendments will not adversely impact traffic
generation or road safety when taken into consideration with
the other aspects of the Municipal Code.
3 . The proposed text amendments will promote the public interest
and character of the City of Aspen.
4 . The proposed text amendments are consistent with the
recommendations of the Aspen Area community Plan .
Section 2 : Section 5-206 . 2 of Chapter 24 of the Municipal Code of
the City of Aspen, Colorado, is hereby amended, which new text
shall read as follows:
Sec. 5-206. 2 . Affordable Housing/Planned Unit Development (AH
1/PUD)
A. Purpose . The purpose of the Affordable Housing (AH) zone
district is to provide for the use of land for the production
of Category 1, 2 , 3 , and 4 affordable housing and resident
occupied lots and units . The zone district also permits a
limited component of free market lots/units to off-set the
3
.
cost of developing affordable housing. It is contemplated
that land may also be subdivided in connection with a
development plan.
The Affordable Housing 1/PUD (AH) zone district is intended
for residential use primarily by permanent residents of the
community. Recreational and institutional uses customarily
found in proximity to residential uses are included as
conditional uses . Lands in the Affordable Housing (AH L/PUD)
zone district should be scattered throughout the city to
ensure a mix of housing types, including those which are
affordable by its working residents; at the same time the
Affordable Housing (AH 1/PUD) zone district can protect the
city ' s neighborhoods from rezoning pressures that other non-
community oriented zone districts may produce. Further , lands
in the Affordable Housing (AH 1/PUD) zone district should be
located within walking distance of the center of the city, or
on transit routes. The City AH 1/PUD zone district only
applies within the Aspen Municipal boundaries .
B. Permitted uses . The following uses are permitted as id right
in the Affordable Housing (AH 1/PUD) zone district.
1 . Residential uses restricted to Category 1 , 2 , ;nd 4
affordable housing guidelines and resident occupied units
(as defined by the Housing Authority Guidelines of the
Aspen/Pitkin County Housing Authority) must comprise at
least seventy (70) percent of the unit mix, of the
development. Of this 70%, 40% of the units must be deed
restricted to Category 1, 2 , 3 , or 4 pursuant to the
Affordable Housing Guidelines, and Resident Occupied
units may comprise up to 30% of the unit mix. Free
market development may comprise up to thirty (30; percent
of the units mix. For projects that comprise only 3
residential units, of this 33% of the units must be deed
restricted to Category 1, 2 , 3 , or 4 pursuant to the
Affordable Housing Guidelines,and Resident Occupied units
may comprise 33% , and free market developnu-nt may
comprise up to 33% of the units mix.
Only 30% percent of a project ' s bedrooms may be. Located
within free market units. Category housing and Resident
Occupied units must comprise 70% of the bedroom mix.
Despite these requirements, projects may be comr•rL .red of
all Category deed restricted or Resident occupier: ,nits.
In the event that no free market development is p unposed
as part of the project, the limitation on Rrs_ident
Occupied units and bedroom mix shall not apply.
Residential uses may be comprised of single-; 'amily,
duplex and multi-family dwelling units .
In order to be eligible for a reduction in the
4
requirement to the level of 60% Affordable Housing and
40% Free Market Housing the project shall be required to
demonstrate to the satisfaction of the City Council that
all of the following criteria have been met.
a. The quality of the proposed development
substantially exceeds that established in the
minimum threshold for the scoring established in
Sec. 4-60 . 65-B.V.
b. The proposal maximizes affordability, consistent
with housing needs established as priority through
the current AH Guidelines;
c. The proposal integrates a mixture of economic levels
and housing for a variety of lifestyles (e.g. ,
singles, seniors and families) ;
d. The proposal minimizes impacts on infrastructure by
incorporating innovative, energy-saving site design,
structural design characteristics or other
techniques that minimize the use of water, heating
and sewage disposal;
e. The proposal incorporates or integrates with an
existing local based economy (i. e. , sustainable
local businesses) ;
f . The proposal accomplishes a level of design and site
plan ingenuity that advances the community goals
expressed in the Aspen Area Community Plan; and
g. The proposed project represents an exceptional
commitment to advancing the visions, goals and
specific action items of the Aspen Area Community
Plan, particularly those described in the scoring
criteria of Secs. 5- Ice,
h. No RO units are included in the project; only
category units are included in the project.
2 . Home occupations; and
3 . Accessory buildings and uses.
C. Conditional uses . The following uses are permitted as
conditional uses in the Affordable Housing (AH) zone district,
subject to the standards and procedures established in Article
7 , Division 3 .
1 . Open use recreation site
5
2 . Day care center;
3 . Satellite dish antennae; and
4 . Dormitory.
5 . Transit facilities
D. Dimensional requirements. The following dimensional
requirements shall apply to all permitted and conditional uses
in the Affordable Housing (AH 1/PUD) zone district.
1 . Minimum lot size (square feet) :
a . for subdivided lots from a parcel of 27 , 000 square
feet or larger: 3 , 000 square feet
b. for subdivided lots from a parcel less than 27 , 000
square feet: 1 , 500 square feet
2 . Minimum lot area per dwelling unit (square feet) :
a. For subdivided lots from a parcel of 27 , 000 square
feet or larger:
Detached residential dwelling: 1, 500 square feet
Duplex: 1 , 500 square feet
b. For subdivided lots from a parcel less than 27 , 000
square feet:
Detached: 3 , 000 square feet
Duplex: 1, 500 square feet
For multi-family dwellings on a lot that was
subdivided from a parcel of 27 , 000 square feet or
less or for lots that were subdivided from a parcel
of 43 , 560 square feet or less when approved by
special review pursuant to Article 7 , Division 4 ,
the following square feet requirements apply:
Studio: 300
1 bedroom: 400
2 bedroom: 800
3 bedroom: 1, 200
Units with more than 3 bedrooms: One (1)
bedroom per 400 square feet of lot area .
For multi-family dwellings on a lot that was
subdivided from a parcel of more than 27 , 000 square
6
feet (except when varied by special review) the
following square feet requirements apply :
Studio: 1, 000
1 bedroom: 1, 250
2 bedroom: 2 , 100
3 bedroom: 3 , 630
Units with more than 3 bedrooms : One (1)
bedroom per 1, 000 square feet of lot area.
3 . Minimum lot width (feet) : To be determined during PUD
review, based upon the criteria in Section 7-903
including but not limited to. neighborhood compatibility
and adjacent zone district regulations .
4 . Minimum front yard (feet) : To be determined during : I
review, based upon the criteria in Section 7-9.;1
including but not limited to neighborhood compatibility
and adjacent zone district regulations .
5 . Minimum side yard (feet) : To be determined during PUD
review, based upon the criteria in Section 7-903
including but not limited to neighborhood compatibility
and adjacent zone district regulations .
The minimum side yard for multi-family dwellings : To be
determined during PUD review, based upon the criteria in
Section 7-903 including but not limited to neighborhood
compatibility and adjacent zone district regulation,- .
6 . Minimum rear yard (feet) : To be determined during POD
review, based upon the criteria in Section 7-903
including but not limited to neighborhood compatibility
and adjacent zone district regulations .
7 . Maximum height (feet) : To be determined during PUD
review, based upon the criteria in Section 7-90 :
including but not limited to neighborhood compatibility
and adjacent zone district regulations .
8 . Minimum distance between buildings on the lot. To
determined during PUD review, based upon the criteria in
Section 7-903 including but not limited to neighborhood
compatibility and adjacent zone district regulations
9 . Percent of open space required for building site: To be
determined during PUD review, based upon the criteria in
Section 7-903 including but not limited to neighborhood
7
compatibility and adjacent zone district regulations
10 . External floor area ratio (applies to conforming and
nonconforming lots of record) .
The allowable floor area permitted in this
zone is determined by the following table and
shall be applied to the proposed fathering
parcel. Floor area allocations on newly
proposed subdivided lots shall be determined
as part of the Planned Unit Development
review, but in no case shall they cumulatively
exceed the provisions of this section. Sites
may be developed up to 85% of the allowed
floor area. Up to 100% of the floor area may
be permitted by special review, pursuant to
Article 7 , Division 4 .
Lot Size Allowable
(Square Feet) Square Feet
0--15, 000 square feet 1. 1: 1
15 , 001 square feet--25 , 000 square feet 1 : 1
25 , 001--43 , 560 square feet . 8 : 1
>1 acre--3 acres . 6 : 1
>3 acres -- 6 acres . 36 : 1
>6 acres . 3 : 1
11 . Internal floor area ratio: No requirement.
E. Off-street parking requirement . The following off-street
parking spaces shall be provided for each use in the
Affordable Housing (AH) zone district.
1 . Residential uses : Established by special review pursuant
to Article 7 , Division 4 . The maximum number of parking
spaces required shall not exceed 2 space/dwelling unit
for Free Market Units. Parking spaces shall not exceed
1 space/bedroom or 2 spaces/dwelling unit, whichever is
less for the Affordable Units.
2 . All other: N/A.
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 shallibe conducted and
concluded under such prior ordinances.
8
Section 4 : If any section, subsection, sentence, clause, phrase,
or portion of this Ordinance is for any reason held invalid or
unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
shall not affect the validity of the remaining portions thereof .
Section 5 : A public hearing on the Ordinance shall be held on the
day of , 1995 at 5 : 00 in the City Council Chambers , Aspen
City Hall , Aspen Colorado, fifteen ( 15) days prior to which hearing
a public notice of the same shall be published 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 day of
, 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
9
,t
•
MEMORANDUM 7
i:8 2
TO: Dave Michaelson, Community Development a
FROM: Rebecca Baker, Parks Department
DATE: February 21, 1996
RE: Victorians at Bleeker Rezoning & Conceptual /Final PUD
We have reviewed the application submitted by Semrau Building and Design for AH
rezoning and conceptual/final PUD for the Victorians at Bleeker development proposal.
The biggest concern of the Parks Department is in regards to existing trees on the
property. The application shows some existing trees, however, misses some as well.
From our inspection of the existing property the following are existing trees:
8" Spruce tree, approximately 30' in height- SE corner of lot (shown on
drawing as 10" Spruce)
8 1/2" Spruce tree, approximately 30' in height - SE corner of lot(shown on
drawing as 10" Spruce)
6 1/2" Spruce tree, approximately 15' in height - next to existing building, east
side of property (not shown)
7" Spruce tree, approximately 15" in height - next to existing building, east
side of property (not shown)
4 I/2" Spruce tree, approximately 15' in height -on Garmisch, parallel to SW
corner of the building (not shown)
7" Spruce tree, approximately 20-25' in height - on Garmisch, close to alley
entrance (not shown)
3 1/2" Spruce tree, approximately 10-15' in height - on Garmisch, close to alley
entrance (shown as 15' spruce to be saved?).
With the exception of the 3 1/2" Spruce tree, all of the trees listed above would be
required to be mitigated if proposed for removal for development purposes. Mitigation
could be on site, or if the applicant cannot replace the total caliper inches on site, then a
payment-in-lieu option is possible. The 7" and 4 1/2" Spruce trees on Garmisch should be
preserved and protected, and not removed. Neither of these two trees appear that they
will be impacted by the development of the property- These trees (particularly the 7")
must be protected during construction by either placement of snow fencing around the
dripline of the trees or some other protective barrier to guard against damage to the root
zone of the tree.
The proposed site plan shows four new 5" caliper Spruce trees to be installed along
Bleeker St. A 5" caliper Spruce tree is generally a very large tree to transplant, therefore,
if these trees are to be considered for mitigation on removed trees, they must survive for a
minimum of two years from the planting date. The other comment is these trees may out
grow the proposed areas (7-10 ft.?) in a relatively short time span and may begin to
encroach upon their walkways and block views.
The plan is rather vague in regards to what is proposed for the right-of-way (ROW) along
Garmisch. Additional detail is necessary for this area, including size and species of trees.
Streetscape guidelines state that Cottonwoods are the preferred street tree and we
encourage cottonwoods to be planted in the ROW's and generally discourage Spruce
trees in ROW's.
The final comment on the application is the proposed sidewalk along Bleeker. The West
end has generally discouraged formal sidewalks as a character issue. It may be
appropriate, however, to have a sidewalk along Garmisch for a tie into the Main Street
pedestrian corridor.
13leek VC doe
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406035 07/07/1997 10:38A REVOKE D DAVIS SILVI
1 of 3 R 16.00 D 0.00 N 0.00 PITKINCO COLORADO
REVOCATION AND VACATION OF
CONDOMINIUM DECLARATION FOR
BLEEKER HEIGHTS CONDOMINIUM AND THE CONDOMINIUM MAP
FOR BLEEKER HEIGHTS CONDOMINIUM
KNOW ALL MEN BY THESE PRESENTS that Larry Saliterman as the Owner of Unit A,
Unit B, Unit C and Unit D of the Bleeker Heights Condominium, being all the Units in the Bleeker
Heights Condominium being located on certain real property located in the City of Aspen, Pitkin
County, Colorado and more particularly described on Exhibit 1 attached hereto and incorporated
herein by this reference, does hereby revoke and vacate in its entirety the Condominium Declaration
for the Bleeker Heights Condominium recorded January 27, 1982, in Book 420 at Page 378 and the
Condominium Map of Bleeker Heights Condominium recorded January 27, 1982 in Plat Book 12 at
Page 55 of the records of the Clerk and Recorder of Pitkin County, Colorado.
Dated: 6 - "- _ 7
/
/ Larry S ite
STATE OF di
) ss.
COUNTY OF „j
Acknowledged before me this 5�l' � day of `,,u�ti-� , 1997, by Larry
Saliterman.
Witness my hand and official seal. • 1:'„?1
„
My commission expires: 7-,3 -ZtC'/ P,
y 61,1t
Notary Public
The undersigned mortgagee of the herein described property hereby consents to the foregoing
revocation and vacation.
PITKIN COUNTY BANK& TRUST CO.
B :d'/7i 0a -
/ Sea DV 44c',.4 , as
( ,4s,-2,7-• vied OAF-3,
STATE OF (,,i-4. v Brie ' )
) ss.
COUNTY OF !,:/%'. 2)
/ Acknowledged before me this 5"n:- day of 1997, by
1�- � �Q icc , as of P ' I COUNTY BANK&
TRUST CO.
Witness my hand and official seal.
My commission expires: (- 1 5 -2cC6
/ % 0 i)
(/12 2ZC o
� //� �' '
Notary Public
1 NM 11111 11111 11111 11111 111111 III 11111 11111111
406035 07/07/1997 10:38A REVOKE D DAVIS SILVI
2 of 3 R 16.00 D 0.00 N 0.00 PITKINCO COLORADO
2
EXHIBIT 11T)
REVOCATION AND VACATION OF
CONDOMINIUM DECLARATION FOR
BLEEKER HEIGHTS CONDOMINIUM AND THE CONDOMINIUM MAP
FOR SLEEKER HEIGHTS CONDOMINIUM
Lots A and B and the north half of the vacated alley adjacent to said lots, Block 66,
City and Townsite of Aspen,
together with that certain non-exclusive easement and right of way for access, ingress
and egress, driveway and underground utility purposes, fifteen(15) feet in width, over
the northerly 5 feet of Lots K and L and the northerly 5 feet of the westerly 10 feet
of Lot M, Block 66, Original Aspen Townsite and the southerly 10 feet of the vacated
alley in Block 66, Original Aspen Townsite, adjacent and contiguous to Lots K and
L and the westerly 10 feet of Lot M,
together with all the interests, easements, rights, benefits, appurtenances and fixtures
appurtenant thereto and/or associated therewith,
PITKIN COUNTY, COLORADO.
1 111111 1E11 111111 11111 11111 11111 111111 III 11111 1111 IIII
406035 07/07/1997 10:38A REVOKE D DAVIS SILVI
3 of 3 R 16.00 0 0.00 N 0.00 PITKINCO COLORADO
CONDOMINIUM DECLARATION
FOR VICTORIANS AT BLEEKER,
a Colorado Condominium Common Interest Community
I I"III 11111 111111 11111 11111 111111 11111 nit 1111 1111
406036 07/07/1997 10:46A CONDO DE DAVIS SILVI
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condodec.vab 6/25/97
1111111 11111 1111111111111111 111111 11111 MUM 1111 uii
406036 07/07/1997 10:46A CONDO DE DAVIS SILVI
2 of 70 R 351.00 D 0.00 N 0.00 PITKINCO COLORADO
CONDOMINIUM DECLARATION
FOR VICTORIANS AT BLEEKER
TABLE OF CONTENTS
PREAMBLE 1
ARTICLE 1.: DEFINITIONS 1
1.1. ACT 1
1.2. AGENCIES 1
1.3. ALLOCATED INTERESTS 2
1.3.1. Interest in the Common Elements 2
1.3.2. Common Expense Liability 2
1.3.3. Votes 2
1.4. ARTICLES 2
1.5. ASSESSMENT 2
1.6. ASSESSMENT LIEN 2
1.7. ASSOCIATION 2
1.8. BOARD or EXECUTIVE BOARD 3
1.9. BUILDING OR BUILDINGS 3
1.10. BYLAWS 3
1.11. CITY 3
1.12. COMMON ELEMENTS 3
1.13. COMMON EXPENSE ASSESSMENTS 3
1.14. COMMON EXPENSE LIABILITY 4
1.15. COMMON EXPENSES 4
1.16. COMMUNITY 4
1.17. CONDOMINIUM UNIT and UNIT 4
1.18. COSTS OF ENFORCEMENT 4
1.19. DECLARANT 4
1.20. DECLARATION 4
1.21. DEVELOPMENT RIGHTS AND SPECIAL DECLARANT RIGHTS 4
1.22. ELIGIBLE MORTGAGEE 4
1.23. FINAL P.U.D. PLAT 4
1.24. FIRST MORTGAGEE 5
1.25. FIRST SECURITY INTEREST 5
1.26. GARAGE AREA 5
1.27. GUEST 5
1.28. LIMITED COMMON ELEMENTS 5
1.29. MANAGING AGENT 5
1.30. MAP 5
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1.31. MEMBER 6
1.32. NOTICE AND HEARING 6
1.33. OWNER 6
1.34. PERIOD OF DECLARANT CONTROL 6
1.35. PERSON 6
1.36. PROJECT DOCUMENTS 6
1.37. RESTRICTED UNITS 7
1.38. RULES AND REGULATIONS 7
1.39. SECURITY INTEREST 7
1.40. SPECIAL ASSESSMENTS 7
1.41. STORAGE AREA 7
1.42.. TURNOVER DATE 7
1.43. UNITS THAT MAY BE CREATED 7
1.44. VA AND/OR FHA APPROVAL 7
ARTICLE 2.: SCOPE OF THE DECLARATION 7
2.1. The Community 7
2.2. Maximum Number of Units 7
2.3. Division into Units, Estates of an Owner 7
2.4. Title 8
2.5. Description of a Unit 8
2.6. Unit Boundaries 8
2.7. Right to Combine Units 9
2.8. Physical Boundaries 9
2.9. Inseparability of a Unit 9
2.10. Mechanics Liens 9
2.10.1. No Liability 9
2.10.2. Indemnification 9
2.10.3. Association Action 10
2.11. Garage Areas 10
2.12. Parking Spaces 10
2.13. Restrictions on Sale of a Unit 10
ARTICLE 3.: VARIOUS RIGHTS AND EASEMENTS 10
3.1. Owner's Rights in the Common Elements 10
3.2. Owner's Rights in Limited Common Elements 11
3.3. Delegation of Use 11
ARTICLE 4.: THE ASSOCIATION 11
4.1. Name 11
4.2. Purposes and Powers 11
4.3. Executive Board 12
4.4. Articles and Bylaws 12
condodec.vab 6/25/97 II
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4.5. Membership 12
4.6. Voting Rights 12
4.7. Declarant Control of the Association 13
4.8. Election by Owners 13
4.9. Delivery of Documents by Declarant 13
4.10. Budget 15
4.11. Association Agreements 15
4.12. Indemnification 15
4.13. Certain Rights and Obligations of the Association 15
4.13.1. Attorney-in-Fact 15
4.13.2. Contracts, Easements and Other Agreements 16
4.13.3. Implied Rights 16
ARTICLE 5.: ASSESSMENTS 16
5.1. Obligation 16
5.2. Common Expense Assessment 16
5.3. Date of Commencement of the Common Expense Assessments 16
5.4. Special Assessments 17
5.5. Fines 17
5.6. Individual Assessments 17
5.7. Levy of Assessments 17
5.8. Due Date 18
5.9. Remedies for Nonpayment of Assessments 18
5.10. The Assessment Lien 18
5.11. Surplus Funds 20
5.12. Working Capital Fund 20
5.13. Certificate of Status of Assessments 20
5.14. No Offsets 21
ARTICLE 6.: RESTRICTIVE COVENANTS AND OBLIGATIONS 21
6.1. Use and Occupancy of the Units 21
6.2. Use of the Common Elements 21
6.3. Pets Within the Community 21
6.4. Nuisances 21
6.5. Vehicular Parking, Storage and Maintenance 22
6.6. Prohibition of Certain Activities 22
6.7. Antennas 22
6.8. Restrictions on Signs 22
6.9. Owner Caused Damages 23
6.10. Lease of a Unit 23
6.11. Use of Garages 23
6.12. Trash Removal 23
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ARTICLE 7.: OTHER RESTRICTIONS 24
7.1. Fireplaces and Stoves 24
7.2. Limitations on Amounts of Assessments Against Restricted Units 24
ARTICLE 8.: EASEMENTS 24
8.1. Owner's Easement for Access, Support and Utilities 24
8.2. Easements for Encroachments 24
8.3. Easements in Units for Repair, Maintenance and Emergencies 24
8.4. Emergency Easements 25
8.5. Utility Easements 25
8.6. Recording Data Regarding Easements 25
8.7. Easements Deemed Appurtenant 25
ARTICLE 9.: DEVELOPMENT RIGHTS AND SPECIAL DECLARANT RIGHTS 26
9.1. Reservation 26
9.2. Rights Transferable 26
9.3. Limitations 27
9.4. Interference with the Declarant Rights 27
9.6. Declarant's Easements 27
9.7. Declarant's Personal Property 27
9.8. Rights of First Mortgagees 27
ARTICLE 10.: INSURANCE/CONDEMNATION 27
10.1. Property Insurance 27
10.2. Liability Insurance 29
10.3. Fidelity Bonds 30
10.4. Owner Policies 30
10.5. Workers Compensation Insurance 30
10.6. Directors' and Officers' Liability Insurance 30
10.7. Other Insurance 30
10.8. Premiums 30
10.9. Procedures 30
10.10. General Provisions 31
10.11. Insurance Proceeds 31
10.12. Damage to Property 31
10.13. Certificate of Insurance 31
ARTICLE 11.: RESTORATION UPON DAMAGE OR DESTRUCTION 31
11.1. Duty to Restore 31
11.2. Plans/Cost 32
11.3. Reconstruction of Less Than the Entire Community 32
11.4. Condemnation 32
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ARTICLE 12.: MAINTENANCE, REPAIR AND RECONSTRUCTION 33
12.1. By the Association 33
12.2. By the Owner 33
12.3. Manner of Repair and Replacement 34
12.4. Additions, Alterations or Improvements by the Unit Owners (Architectural Control)
34
ARTICLE 13.: FIRST MORTGAGEE PROVISIONS 34
13.1. Notices of Action 34
13.2. Amendment to Documents/Special Approvals 35
13.3. Special FHLMC Provisions 36
13.4. Implied Approval 37
13.5. Books and Records 37
13.6. Greater Voting Requirements Control 37
ARTICLE 14.: DURATION, AMENDMENT AND TERMINATION OF THE
DECLARATION 37
14.1. Duration 37
14.2. Amendments by Owners 37
14.3. FHA/VA Approval 38
14.4. Consent of Eligible Mortgagees 38
14.5. Amendments by Declarant 38
14.6. Consent of Declarant Required 39
14.7. Expenses 39
14.8. Termination 39
ARTICLE 15.: GENERAL PROVISIONS 39
15.1. Certificate of Completion 39
15.2. Right of Action 39
15.3. Successors and Assigns 39
15.4. Severability 39
15.5. No Waiver 40
15.6. Registration by Owner of Mailing Address 40
15.7. Conflict 40
15.8. Mergers 40
15.9. Attorneys' Fees and Costs 40
15.10. Captions 40
15.11. Numbers and Genders 40
EXHIBIT A- LEGAL DESCRIPTION 42
EXHIBIT B - ALLOCATED INTERESTS 43
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EXHIBIT C - CERTAIN RESTRICTIONS ON AMOUNT OF ASSESSMENTS FOR THE
BENEFIT OF THE RESTRICTED UNITS 44
EXHIBIT D - RECORDING DATA REGARDING EASEMENTS 46
EXHIBIT E - CERTIFICATE OF COMPLETION 47
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VI
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CONDOMINIUM DECLARATION
FOR VICTORIANS AT BLEEKER
PREAMBLE
THIS DECLARATION is made on the date hereinafter set forth, by LARRY
SALITERMAN, hereinafter referred to as"Declarant".
WHEREAS,Declarant is the owner of certain real property situated in the City of Aspen,
in Pitkin County, Colorado, as more particularly described in Exhibit A attached hereto and
incorporated herein by reference (the"Property"); and
WHEREAS, the Declarant intends to establish a condominium common interest community,
referred to herein as the Community, on said real property together with other improvements thereon;
and
WHEREAS, Declarant will convey the Property, subject to the protective covenants,
restrictions, reservations and obligations as hereinafter set forth.
NOW THEREFORE, Declarant hereby submits the Property described in Exhibit A
attached hereto, together with all easements, rights, and appurtenances thereto and improvements
thereon to the provisions of the Colorado Common Interest Ownership Act, C.R.S. §§38-33.3-101
et sue. (the"Act"), as it may be amended from time to time. In the event the Act is repealed, the Act
as it exists on the date this Declaration is recorded shall remain applicable.
Declarant hereby declares that the Property shall be held, sold, and conveyed subject to the
following easements, restrictions, covenants, conditions and obligations which shall run with the
Property and be binding on all parties having any right, title or interest in the Property or any part
thereof, their heirs, personal representatives, successors and assigns and shall inure to the benefit of
each owner thereof.
ARTICLE 1.: DEFINITIONS
As used in this Declaration, unless the context otherwise requires, the terms hereinafter set
forth shall have the following meanings:
1.1. ACT means the Colorado Common Interest Ownership Act, C.R.S. §§38-33.3-101, et seq.,
as it may be amended from time to time.
1.2. AGENCIES means and collectively refers to the Federal National Mortgage Association
(FNMA), the Federal Home Loan Mortgage Corporation(FHLMC), the Department of Housing and
Urban Development (HUD/FHA), the Veterans Administration (VA) or any other governmental or
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quasi-governmental agency or any other public, quasi-public or private entity which performs (or may
in the future perform) functions similar to those currently performed by any of such entities.
1.3. ALLOCATED INTERESTS means the votes in the Association and the Common Expense
Liability which are allocated to each of the Units in the Community. The formula used to establish
the Allocated Interests is as follows:
1.3.1. Interest in the Common Elements. The undivided ownership interest in the
Common Elements appurtenant to a particular Unit has been determined by the percentage equivalent
to a fraction, the numerator of which shall be: (a) two (2) for each Unit designated as a "Free
Market"unit in Exhibit B attached hereto; (b) one and one-half(1.5) for each Unit designated as a
"Resident Occupied" unit in attached Exhibit B; and (c) one (1) for each Unit designated as a
"Category 4"unit in attached Exhibit B, and denominator of which shall be ten (10). The undivided
ownership interest in the Common Elements appurtenant to each Unit is as set forth in attached
Exhibit B.
1.3.2. Common Expense Liability. All Common Expenses shall be assessed against Units
on the basis of each Unit's undivided ownership interest in the Common Elements. Each Unit's
percentage share in the Common Expenses of the Association is as set forth in attached Exhibit B.
1.3.3. Votes. Each Unit in the Community has that number of votes as is set forth in
attached Exhibit B. A Unit's voting rights are based on a Units undivided ownership interest in the
Common Elements.
1.4. ARTICLES means the Articles of Incorporation of the Association and as they may be
amended from time to time.
1.5. ASSESSMENT means the(a) Common Expense Assessment, (b) Special Assessment, (c)
Individual Assessment, and (d)Fines levied pursuant to this Declaration.
1.6. ASSESSMENT LIEN means the lien on a Unit for any Assessment levied against that Unit
together with all Costs of Enforcement as herein defined. All Costs of Enforcement are enforceable
as Assessments. If an Assessment is payable in installments, the full amount of the Assessment is a
lien from the time the first installment becomes due. The recording of this Declaration constitutes
record notice and perfection of the lien. No further recordation or claim of a lien for the assessment
is required.
1.7. ASSOCIATION means VICTORIANS AT BLEEKER HOMEOWNERS'ASSOCIATION,
a Colorado nonprofit corporation, organized pursuant to §38-33.3-301 of the Act, its successors and
assigns, the Articles of Incorporation and Bylaws of which, as herein defined, along with this
Declaration, shall govern the administration of the Community, the Members of which shall be all of
the Owners of the Units within the Community.
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1.8. BOARD or EXECUTIVE BOARD means the Executive Board of the Association duly
elected pursuant to the Bylaws of the Association or appointed by the Declarant as therein provided.
The Executive Board is the governing body of the Association and shall act on behalf of the
Association.
1.9. BUILDING OR BUILDINGS means the various buildings containing the Units comprising
part of the Community.
1.10. BYLAWS means the Bylaws which are adopted by the Board for the regulation and
management of the Association and as they may be amended from time to time.
1.11. CITY means the City of Aspen, Colorado.
1.12. COMMON ELEMENTS means all of the Community, as hereinafter defined, except the
portions thereof which constitute Units, and also means all parts of the Buildings or any facilities,
improvements and fixtures which may be within a Unit which are or may be necessary or convenient
to the support, existence,use, occupation, operation, maintenance, repair or safety of more than one
Unit and includes those Common Elements which are assigned to the exclusive use of one or more,
but not all of the Owners.
Without limiting the generality of the foregoing, the following shall constitute Common
Elements:
1.12.1. all of the land, open spaces, landscaping, driveways, sidewalks, walkways,
easements and drainage improvements, which are a part of the Community; and
1.12.2. all foundations, columns, girders, beams and supports of the Buildings; and
1.12.3. the exterior walls of the Buildings, the main or bearing walls between the Units
within the Buildings, and the roofs of the Buildings; and
1.12.4. all stairs, stairwells, elevators, lobbies and hallways, if any, not within a Unit; and
1.12.5. all utility, service and maintenance rooms, fixtures, apparatus, installations and
central facilities for power, light, gas, telephone, television, hot water, cold water, sewer, heating,
refrigeration, air conditioning, incineration, or similar utility, service or maintenance purposes, if any,
which serve more than one Unit and are not located within a Unit;
1.13. COMMON EXPENSE ASSESSMENTS means all those assessments described in
Paragraph 5.2 hereof.
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1.14. COMMON EXPENSE LIABILITY means the liability for Common Expenses allocated to
each Unit which is determined in accordance with that Unit's Allocated Interests as set forth in
Paragraph 1.3.1 hereof.
1.15. COMMON EXPENSES means expenditures made by or liabilities incurred by or on behalf
of the Association, together with allocations to reserves.
1.16. COMMUNITY means the common interest community being established by this Declaration
and pursuant to the Act as a condominium common interest community and which consists of the real
property described in Exhibit A, attached hereto, and the improvements located thereon.
1.17. CONDOMINIUM UNIT and UNIT means and includes the individual air space and those
physical improvements of a Unit which are contained within the Unit Boundaries as defined by
Paragraph 2.5 herein, not including, however, any of the Common Elements located within the Unit
boundaries. Each Unit is shown on the Map as hereinafter defined and is identified thereon with an
identification letter. The fee simple interest and title to a Unit includes the individual air space shown
on the Map and the physical improvements within the Unit Boundaries that are not Common
Elements, together with the undivided interest in the Common Elements (including any limited
common elements specific to or shared by that Unit) and any Garage Area or Storage Area
appurtenant to such Unit and all other rights and burdens created by this Declaration.
1.18. COSTS OF ENFORCEMENT means all fees, late charges, interest, expenses, including
receiver's fees, and reasonable attorneys'fees and costs incurred by the Association(a) in connection
with the collection of the Assessments and Fines, or (b) in connection with the enforcement of the
terms, conditions and obligations of the Project Documents.
1.19. DECLARANT means LARRY SALITERMAN, or his successors as defined in §38-33.3-
103(12) of the Act.
1.20. DECLARATION means this CONDOMINIUM DECLARATION FOR VICTORIANS AT
BLEEKER, and as it may be amended from time to time.
1.21. DEVELOPMENT RIGHTS AND SPECIAL DECLARANT RIGHTS means the rights as
defined by §§38-33.3-103(14) and 38-33.3-103(29) of the Act reserved by the Declarant under
ARTICLE 9 hereof.
1.22. ELIGIBLE MORTGAGEE means a holder, insurer or guarantor of a First Security Interest
who has delivered a written request to the Association containing its name, address, the legal
description and the address of the Unit encumbered by its First Security Interest.
1.23. FINAL P.U.D.. PLAT means the Final P.U.D. Plat of the Victorians at Bleeker P.U.D.
approved by the City of Aspen.
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1.24. FIRST MORTGAGEE means any Person which owns, holds, insures or is a guarantor of
a Security Interest as herein defined, which is a First Security Interest encumbering a Unit within the
Community. A First Mortgagee shall also include the holder of executory land sales contracts
wherein the Administrator of Veterans Affairs (Veterans Administration) is the Seller, whether such
contract is recorded or not.
1.25. FIRST SECURITY INTEREST means a Security Interest (as hereinafter defined)that has
priority of record over all other recorded liens except those liens made superior by statute (such as
general ad valorem tax liens and special assessments).
1.26. GARAGE AREA means a portion of the Common Elements designated as a Garage Area
on the Final Plat and Map and is intended for the exclusive use of a particular Unit and designated
as a Limited Common Element appurtenant to that Unit on the Map.
1.27. GUEST means (a) any person who resides with an Owner within the Community; (b) a
guest or invitee of an Owner; (c) an occupant or tenant of a Unit within the Community, and any
members of his or her household, invitee or cohabitant of any such person; or (d) a contract
purchaser.
1.28. LIMITED COMMON ELEMENTS means those Common Elements which are reserved
for the use of one or more Units to the exclusion of others. The Limited Common Elements shall be
identified on the Map. Any balcony, door, window, entry way, deck and patio which are accessible
from, associated with and which adjoins a Unit and any Garage Area identified as Limited Common
Elements on the Map shall without further reference thereto, be used in connection with such Unit
to the exclusion of the use thereof by the other Owners except by invitation.
1.29. MANAGING AGENT means any one or more persons employed by the Association who
is engaged to perform any of the duties, powers or functions of the Association.
1.30. MAP means the CONDOMINIUM MAP OF VICTORIANS AT BLEEKER which, in
addition to the requirements set forth in §38-33.3-209 of the Act, shall also depict the following:
1.30.1. the legal description of the surface of the Community;
1.30.2. the linear measurements and location, with reference to the exterior boundaries
of the Community, of the Buildings and all improvements built within the Community;
1.30.3. the floor plans and elevation plans of the Buildings within the Community showing
the location, the designation, linear dimensions and identifying number of each Unit, the parking
spaces that are designated as appurtenant to a specific Unit, the Garage Areas, the Storage Areas and
the designation of all of the Common Elements and Limited Common Elements; and
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1.30.4. the elevations of the unfinished interior surfaces of the floors and ceilings as
established from a datum plan, and the linear measurements showing the thickness of the exterior or
perimeter walls of the Units and of the Buildings.
The Map, and any supplements thereto, shall contain a certificate by a registered land surveyor
certifying that the Map contains (a) all of the information required by §38-33.3-209 of the Act, and
(b) that the Map was prepared subsequent to substantial completion of the improvements.
In interpreting the Map, the existing physical boundaries of each separate Unit as
constructed shall be conclusively presumed to be its boundaries.
Declarant hereby reserves unto the Executive Board of the Association the right, from time
to time, without the consent of any owner or First Mortgagee being required, to amend the Map to
(a)insure that the language and all particulars used on the Map and contained in the Declaration are
identical, (b) establish, vacate and relocate, outside the Buildings, utility easements and access
easements, and(c) satisfy any requirements of the Act. In all other cases the Map may be amended
in accordance with Paragraph 14.2 hereof.
The Map(and any supplements thereto)is hereby incorporated herein by reference as if set
forth in its entirety.
1.31. MEMBER means each Owner, as defined in Paragraph 1.33 hereof.
1.32. NOTICE AND HEARING means a written notice and an opportunity for a hearing before
the Executive Board in the manner provided in the Bylaws.
1.33. OWNER means the record Owner of the fee simple title to any Unit which is subject to this
Declaration, whether one or more persons or entities, including the Declarant, so long as any Unit
remains unsold, excluding, however, those having an interest merely as security for the performance
of any obligation.
1.34. PERIOD OF DECLARANT CONTROL means that period of time as defined in Paragraph
4.7 hereof.
1.35. PERSON means a natural person, a corporation, a partnership, an association, a trustee, a
limited liability company, a joint venture, or any other entity recognized as being capable of owning
real property under Colorado law.
1.36. PROJECT DOCUMENTS means this Declaration and the Map recorded and filed pursuant
to the provisions of the Act, the Articles of Incorporation, the Bylaws and the Rules and Regulations,
if any, as they may be amended from time to time. Any exhibit, schedule or certification
accompanying a Project Document is a part of that Document.
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1.37. RESTRICTED UNITS means those Units in the Community which are subject to the Deed
Restriction, Occupancy and Resale Agreement for Units C, D, E, F and G, VICTORIANS AT
BLEEKER, made and entered into by Declarant and the Aspen/Pitkin County Housing Authority,
and recorded in the office of the Clerk and Recorder of Pitkin County, Colorado.
1.38. RULES AND REGULATIONS means the Rules and Regulations adopted by the Executive
Board for the regulation and management of the Community as amended from time to time.
1.39. SECURITY INTEREST means an interest in real estate or personal property created by
contract or conveyance which secures payment or performance of any obligation. The term includes
a lien created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales
contract, lease intended as security, assignment of leases or rents intended as security, pledge of an
ownership interest in the Association, and any other consensual lien or title retention contract
intended as security for an obligation.
1.40. SPECIAL ASSESSMENTS means those Assessments defined in Paragraph 5.4 hereof.
1.41. STORAGE AREA means a portion of the Common Elements designated as a Storage Area
on the Final Plat and Map and is intended for the exclusive use of a particular Unit and designated
as a Limited Common Element appurtenant to that Unit on the Map.
1.42. TURNOVER DATE means the date the Period of Declarant Control terminates as more
fully set forth in Paragraph 4.7 hereof.
1.43. UNITS THAT MAY BE CREATED means seven (7) units.
1.44. VA AND/OR FHA APPROVAL means that the Community has been approved by the
Veterans Administration and/or the Federal Housing Administration so that such agencies will insure
or guarantee loans made upon the Units within the Community.
ARTICLE 2.: SCOPE OF THE DECLARATION
2.1. The Community. The name of the Community is VICTORIANS AT BLEEKER. It is a
condominium common interest community as defined by the Act.
2.2. Maximum Number of Units. The maximum number of Units within the Community is
seven (7).
2.3. Division into Units,Estates of an Owner. The Community is hereby divided into seven (7)
units, each consisting of a separate fee simple estate in a particular Unit, and an appurtenant undivided
fee simple interest in the Common Elements. The undivided interest in the Common Elements
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appurtenant to a particular Unit is determined in accordance with that Unit's Allocated Interest as set
forth in Paragraph 1.3 hereof and is as set forth in Exhibit B attached hereto.
2.4. Title. A Unit maybe held and owned by more than one person as joint tenants or as tenants
in common, or in any real property tenancy relationship recognized under the laws of the State of
Colorado.
2.5. Description of a Unit. Every contract for the sale of a Unit written prior to the filing for
record of the Map and this Declaration may legally describe a Unit by its identifying Unit letter
designation followed by the words "VICTORIANS AT BLEEKER" with further reference to the
Map thereof to be filed for record and the Declaration to be recorded. Upon recordation of the Map
and the Declaration in the records of the Clerk and Recorder of Pitkin County, Colorado, such
description shall be conclusively presumed to relate to the therein described Units.
A sufficient description of a Unit shall be as follows:
UNIT VICTORIANS AT BLEEKER, according to the MAP OF
VICTORIANS AT BLEEKER, recorded in Plat Book at Page _ as
Reception No. and the CONDOMINIUM DECLARATION FOR
VICTORIANS AT BLEEKER, recorded as Reception No. , in the office
of the Clerk and Recorder of Pitkin County, Colorado.
Such description shall be legally sufficient for all purposes to sell, convey, transfer, encumber or
otherwise affect not only the Unit, but also the Common Elements and the right to the use of the
Limited Common Elements appurtenant thereto. Each such description shall be construed to include:
a nonexclusive easement for appropriate ingress and egress throughout the Community and for the
use of appropriate exclusive use of the Limited Common Elements; and all other easements,
obligations, limitations, rights, encumbrances, covenants, conditions and restrictions created in this
Declaration. The reference to the Map and Declaration in any instrument shall be deemed to include
any supplements or amendments to the Map or Declaration, without specific references thereto.
2.6. Unit Boundaries. The perimeter walls, lowermost floors and uppermost ceilings are
designated as the perimeter boundaries of a Unit as shown on the Map, and all lath, furring,
wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring and any other
materials constituting any part of the finished surfaces thereof are a part of the Unit, and all other
portions of the perimeter walls, lowermost floors, or uppermost ceilings are a part of the Common
Elements.
If any chute, flue, duct, wire, conduit, bearing wall, bearing column, or any fixtures lies
partially within and partially outside the designated boundaries of a Unit, any portion thereof serving
only that Unit is a Limited Common Element allocated solely to that Unit, and any portion thereof
serving more than one Unit or any portion of the Common Elements is a part of the Common
Elements.
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Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, decks, patios,
and all exterior doors and windows or other fixtures designed to serve a single Unit, but located
outside the Unit's boundaries, are Limited Common Elements allocated exclusively to that Unit.
Subject to the above, all spaces, interior partitions, and other fixtures and improvements
located within the boundaries of a Unit are a part of the Unit.
2.7. Right to Combine Units. An Owner may physically combine the area and space of one Unit
with the area and space of one or more adjoining Units subject to (a) the review and written approval
of the Executive Board, (b) compliance with §§38-33.3-211 and 212 of the Act and (c)the receipt
of all requisite approvals from the City. In the event of any such physical combining of Units to
create a combined Unit, such combined Unit shall also include the combining of the fixtures and
improvements and of the undivided interest in the Common Elements appurtenant to such Units. The
Assessment Liability of each Unit, although combined, shall remain the same, as will the voting rights
for such Units.
2.8. Physical Boundaries. The existing physical boundaries of any Unit or Common Elements
shall be conclusively presumed to be the boundaries.
2.9. Inseparability of a Unit. An Owner's undivided interest in the Common Elements shall not
be separated from the Unit to which it is appurtenant and shall be deemed to be conveyed or
encumbered with the Unit even though the interest is not expressly mentioned or described in a deed
or other instrument.
2.10. Mechanics Liens.
2.10.1. No Liability. If any Owner shall cause any material to be furnished to his Unit or
any labor to be performed therein or thereon, no Owner of any other Unit, nor the Association, shall
under any circumstances be liable for the payment of any expense incurred or for the value of any
work done or material furnished. All such work shall be at the expense of the Owner causing it to
be done, and such Owner shall be solely responsible to contractors, laborers, materialmen and other
persons furnishing labor or materials to his Unit.
2.10.2. Indemnification. If,because of any act or omission of any Owner, any mechanic's
or other lien or order for the payment of money shall be filed against the Common Elements or
against any other Owner's Unit or an Owner or the Association (whether or not such lien or order
is valid or enforceable as such), the Owner whose act or omission forms the basis for such lien or
order shall at his own cost and expense cause the same to be canceled and discharged of record or
bonded by a surety company reasonably acceptable to the Association, or to such other Owner or
Owners,within twenty(20)days after the date of filing thereof, and further shall indemnify and save
all the other Owners and the Association harmless from and against any and all costs, expenses,
claims, losses or damages including, without limitation, reasonable attorneys' fees resulting therefrom.
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2.10.3. Association Action. Labor performed or materials furnished for the Common
Elements, if duly authorized by the Association in accordance with this Declaration or the Bylaws,
shall be the basis for the filing of a lien pursuant to law against the Common Elements. Any such lien
shall be limited to the Common Elements and no lien may be effected against an individual Unit or
Units.
2.11. Garage Areas. The Garage Areas, if any, which are designated on the Map to particular
Units shall be Limited Common Elements appurtenant to the particular Unit and shall be limited to
and reserved for the exclusive use of the Owners of the particular Unit. Upon such designation said
Garage Area will be appurtenant to that Unit and shall not be separated from that Unit. Any contract,
deed, lease, assignment, mortgage, deed of trust or other instrument used to convey, lease, assign,
encumber or otherwise affect the use or ownership of a Unit shall automatically be deemed to include
the Garage Area, if any, appurtenant to that Unit.
The exterior portions of the Buildings in which the Garage Areas are located except for
garage doors and garage windows shall be maintained and repaired by the Association as Common
Elements. The Owner of the Unit to which the Garage Area is appurtenant shall be responsible to
maintain and repair all interior portions of the Garage and the doors and windows of the Garage.
2.12. Parking Spaces. Parking Spaces within the Community for the exclusive use of a particular
Unit shall be designated on the Map as Limited Common Elements appurtenant to certain units.
Other parking areas may be designated Common Elements. With regard to those parking areas not
designated as Limited Common Elements appurtenant to a certain unit, the Board shall maintain
control thereof and shall have the right to assign and regulate the use of those parking areas. All
Parking Spaces and parking areas shall be maintained and repaired by the Association as Common
Elements.
2.13. Restrictions on Sale of a Unit. The right of an Owner to sell, transfer or otherwise convey
his Unit shall not be subject to any right of first refusal or similar restriction and such Unit may be
sold free of any such restrictions, except for those restrictions governing sale of the Restricted Units
set forth in the Deed Restriction, Occupancy and Resale Agreement described in paragraph 1.37
hereof.
ARTICLE 3.: VARIOUS RIGHTS AND EASEMENTS
3.1. Owner's Rights in the Common Elements. Each Owner and such Owner's Guests shall have
the right and easement of use and enjoyment in and to the Common Elements, which shall be
appurtenant to and shall pass with the title of the Unit to such Owner, subject to the Development
Rights and Special Declarant Rights of the Declarant reserved herein and the rights of the Association
and its Executive Board as set forth in this Declaration.
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3.2. Owner's Rights in Limited Common Elements. Each Owner and his or her Guests shall
have an exclusive right to use and enjoy the Limited Common Elements designated herein or on the
Map as appurtenant to the Unit owned by such Owner.
3.3. Delegation of Use. Any Owner may delegate his or her right of enjoyment to the Common
Elements and facilities to their Guests.
ARTICLE 4.: THE ASSOCIATION
4.1. Name. The name of the Association is VICTORIANS AT BLEEKER HOMEOWNERS'
ASSOCIATION.
4.2. Purposes and Powers. The Association, through its Executive Board, shall perform
functions and manage the Community as provided in this Declaration so as to further the interests of
the residents of the Community and Members of the Association. Any purchaser of a Unit shall be
deemed to have assented to, ratified and approved such designations and management. The
Association and its Executive Board shall have all of the powers, authority and duties permitted
pursuant to the Act necessary and proper to manage the business and affairs of the Association. The
powers and rights of the Association shall include but not be limited to the following:
4.2.1. To borrow money to improve the Common Elements and to mortgage said
Common Elements as a security for any such loan; provided, however, that the Association may not
subject any portion of the Common Elements to a security interest unless such is approved by Owners
to which at least eighty percent of the votes in the Association are allocated, including eighty percent
of the votes allocated to Units not owned by the Declarant as more fully set forth in §38-33.3-312
of the Act.
During the Period of Declarant Control, the Executive Board or the Declarant have no
authority to borrow money or authorize the borrowing of money from the Association for any
purpose.
4.2.2. To convey or dedicate all or any part of the Common Elements to any public
agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by
the Owners entitled to cast at least eighty percent of the votes in the Association, including eighty
percent of the votes allocated to Units not owned by the Declarant as more fully set forth in §38-
33.3-312 of the Act.
The granting of permits, licenses and easements shall not be deemed to be a conveyance or
encumbrance within the meaning of this Paragraph as more fully set forth in §38-33.3-312 of the Act.
4.2.3. To promulgate and adopt Rules and Regulations with which each Owner and their
Guests shall strictly comply.
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4.2.4. To suspend the voting rights of a Member for any period during which any
Assessment remains unpaid and, for a period not to exceed sixty days, for any infraction of the
Declaration, Bylaws or Rules and Regulations.
4.2.5. To take such steps as are reasonably necessary to protect the Common Elements
against foreclosures.
4.2.6. To enter into, make, perform or enforce any contracts, leases, agreements,
licenses, easements and rights-of-way, for the use of Common Elements by Owners and Guests for
any purpose the Board may deem to be useful, beneficial or otherwise appropriate.
4.2.7. To close or limit the use of the Common Elements temporarily while maintaining,
repairing and making replacements in the Common Elements, or permanently if approved by Members
to which at least eighty percent of the votes in the Association are allocated, including eighty percent
of the votes allocated to Units not owned by the Declarant as more fully set forth in §38-33.3-312
of the Act.
4.2.8. To make such use of the Common Elements as may be necessary or appropriate
for the performance of the duties and functions which it is obligated or permitted to perform under
this Declaration.
4.2.9. The rights granted to the Executive Board in Paragraph 4.13 hereof.
4.3. Executive Board. The affairs of the Association shall be managed by an Executive Board
which may by resolution delegate authority to a Managing Agent for the Association as more fully
provided for in the Bylaws, provided no such delegation shall relieve the Executive Board of final
responsibility.
4.4. Articles and Bylaws. The purposes and powers of the Association and the rights and
obligations with respect to Members set forth in this Declaration may and shall be amplified by
provisions of the Articles of Incorporation and Bylaws of the Association. In the event either the
Articles or Bylaws conflict with the Declaration, the Declaration shall control. In the event the
Articles conflict with the Bylaws, the Articles shall control.
4.5. Membership. Members of the Association shall be every record owner of a Unit subject to
this Declaration. Membership shall be appurtenant to and may not be separated from ownership of
any Unit. Ownership of such Unit shall be the sole qualification for such membership. Where more
than one person holds interest in any Unit, all such persons shall be Members.
4.6. Voting Rights. The Association shall have one class of voting membership. Owners shall
be entitled to that number of votes for each Unit owned as is provided in Exhibit B attached hereto.
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Where the ownership of a Unit is held by more than one Person, the vote for such Unit may
be exercised by any one of them, unless an objection or protest by any other holder of an interest of
the Unit is made prior to the completion of the vote, in which case the vote for such Unit shall be
exercised, as the persons holding such interest shall determine between themselves. Should the joint
owners of a Unit be unable, within a reasonable time, to agree on how they will vote any issue, they
shall be passed over and their right to vote on such issue shall be lost.
The total number of votes which may be cast in connection with any matter shall be equal
to the total number of Units then existing within the Community.
4.7. Declarant Control of the Association. Subject to Paragraph 4.8 hereof, there shall be a
"Period of Declarant Control" during which the Declarant may appoint and remove the officers and
members of the Board. The Period of Declarant Control terminates no later than the earlier of:
4.7.1. Sixty(60)days after conveyance of seventy-five percent (75%) of the Units That
May Be Created to Owners other than the Declarant; or
4.7.2. Two years after the last conveyance of a Unit by the Declarant in the ordinary
course of business to owners other than the Declarant.
The Declarant may voluntarily surrender the right to appoint and remove officers and
members of the Executive Board before termination of the Period of Declarant Control. In that
event,the Declarant may require, for the duration of the Period of Declarant Control, that specified
actions of the Executive Board, as described in a recorded instrument executed by the Declarant, be
approved by the Declarant before they become effective.
4.8. Election by Owners. Not later than sixty days after conveyance of twenty-five percent
(25%) of the Units That May Be Created to Owners other than the Declarant, at least one member
and not less than twenty-five percent (25%) of the members of the Executive Board must be elected
by Owners other than the Declarant.
Not later than sixty days after conveyance of fifty percent (50%) of the Units That May Be
Created to Owners other than the Declarant, not less than thirty-three and one-third percent (33
1/3%) of the members of the Executive Board must be elected by Owners other than the Declarant.
Not later than the termination of the Period of Declarant Control, the Owners shall elect an
Executive Board of seven(7)members who shall be the Owners of the seven (7)Units, as more fully
provided for in the Bylaws. The Executive Board shall elect the officers of the Association. The
Executive Board elected by the Owners shall take office upon election.
4.9. Delivery of Documents by Declarant. Within sixty (60) days after the Owners other than
the Declarant elect a majority of the members of the Executive Board, the Declarant shall deliver
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without charge to the Executive Board all property of the Owners and of the Association held by or
controlled by the Declarant, including, without limitation, the following items:
4.9.1. The original or a certified copy of the recorded Declaration, as amended, the
Association's Articles of Incorporation, together with a Certificate of Good Standing, Bylaws, minute
books, other books and records, and any Rules and Regulations which may have been promulgated;
4.9.2. An accounting for Association funds and financial statements from the date the
Association received funds and ending on the date the Period of Declarant Control ends in accordance
with §38-33.3-303(9)(b) of the Act;
4.9.3. The Association funds or control thereof;
4.9.4. All of the tangible personal property that has been represented by the Declarant
to be the property of the Association and has been used exclusively in the operation and enjoyment
of the Common Elements and an inventory of these properties;
4.9.5. A copy of any plans and specifications used in the construction of the
improvements in the Community;
4.9.6. All insurance policies then in force in which the Owners, the Association, or its
directors and officers are named as insured persons;
4.9.7. Copies of any certificates of occupancy that may have been issued with respect
to any improvements comprising the Community;
4.9.8. Any other permits issued by governmental bodies applicable to the Community and
which are currently in force or which were issued within one year prior to the date on which Owners
other than the Declarant took control of the Association;
4.9.9. Written warranties of the contractor, subcontractors, suppliers and manufacturers
that are still effective;
4.9.10. A roster of Owners and Eligible Mortgagees and their addresses and telephone
numbers, if known, as shown on the Declarant's records;
4.9.11. Employment contracts in which the Association is a contracting party; and
4.9.12. Any service contract in which the Association is a contracting party or in which
the Association or the Owners have any obligation to pay a fee to the persons performing the
services.
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4.10. Budget. The Executive Board shall cause to be prepared, at least sixty (60) days prior to
the commencement of each calendar year, a Budget for such calendar year. Within thirty (30) days
after the adoption of any Budget by the Board, the Board shall mail, by ordinary first-class mail, or
otherwise deliver, a summary of the Budget to each Owner and shall set a date for a meeting of the
owners to consider ratification of the Budget not less than fourteen days nor more than sixty (60)
days after mailing or other delivery of the summary.
Unless at that meeting sixty-seven percent (67%) of the votes in the Association present
who are entitled to vote reject the Budget, the Budget shall be deemed ratified, whether or not a
quorum is present. In the event that the Budget is rejected, the budget last ratified by the Owners
must be continued until such time as the Owners ratify a subsequent budget proposed by the
Executive Board.
4.11. Association Agreements. Any agreement for professional management of the Community
or any contract providing for services of the Declarant, may not exceed one (1) year. Any such
agreement must provide for termination by either party without cause and without payment of a
termination fee or penalty upon thirty(30) days' written notice; provided; however, the Association
shall not be bound either directly or indirectly to contracts or leases(including management contracts)
entered into during the Period of Declarant Control unless the Association is provided with a right
of termination of any such contract or lease without cause, which is exercisable without penalty at
any time after the Executive Board elected by the Owners takes office, upon not more than thirty
days' notice to the other party thereto.
4.12. Indemnification. Each officer, director and committee member of the Association shall be
indemnified by the Association against all expenses and liabilities including attorney fees, reasonably
incurred by or imposed upon him or her in any proceeding to which he or she may be a party, or in
which he or she may become involved, by reason of his or her being or having been an officer,
director or committee member of the Association, or any settlements thereof, whether or not he or
she is an officer, director or committee member of the Association at the time such expenses are
incurred, to the full extent permitted by Colorado law.
4.13. Certain Rights and Obligations of the Association.
4.13.1. Attorney-in-Fact. Each Owner hereby irrevocably appoints the Association as the
Owner's true and lawful attorney-in-fact for the purposes of(a) granting easements pursuant to
ARTICLE 8, (b) purchasing and maintaining insurances pursuant to ARTICLE 10, including the
collection and appropriate disposition of the proceeds thereof,the negotiation and settlement of losses
and execution of releases of liability, the execution of all documents, and the performance of all other
acts necessary to purchase and maintain insurance as well as dealing with any improvements covered
by insurance written in the name of the Association pursuant to ARTICLE 10 upon their damage or
destruction as provided in ARTICLE 11, or(c)negotiating and dealing with any authority having the
power of condemnation or eminent domain relating to a complete or partial taking as provided in
ARTICLE 10. Acceptance by a grantee of a deed or other instrument of conveyance or any other
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instrument conveying any portion of the Property shall constitute appointment of the Association as
the grantee's attorney-in-fact, and the Association shall have full authorization, right and power to
make, execute and deliver any contract, assignment, deed, waiver or other instrument with respect
to the interest of any Owner which may be necessary to exercise the powers granted to the
Association as attorney-in-fact.
4.13.2. Contracts,Easements and Other Agreements: The Executive Board shall have the
right to enter into, grant, perform, enforce, cancel and vacate: easements, leases, licenses and
concessions through or over the Common Elements.
4.13.3. Implied Rights: The Executive Board shall have and may exercise any right or
privilege given to it expressly by this Declaration, or reasonably to be implied from the provisions of
this Declaration, or given or implied by the Act or otherwise by the law of the State of Colorado, or
which may be necessary or desirable to fulfill its duties, obligations, rights or privileges.
ARTICLE 5.: ASSESSMENTS
5.1. Obligation. Each Owner, including Declarant, while an Owner of any Unit is obligated to
pay to the Association (a) Common Expense Assessments, (b) Special Assessments, (c) Fines and
Individual Assessments, and(d)Costs of Enforcement,which shall be a continuing lien upon the Unit
against which each such Assessment is levied.
5.2. Common Expense Assessment. The Common Expense Assessment shall be used for the
purpose of promoting the health, safety and welfare of the residents of the Community and the
Members of the Association. Such purposes shall include but not be limited to the cost of routine
maintenance, repairs, renovations and operation of the Common Elements, expenses of property
management, insurance premiums for insurance coverage as deemed desirable or necessary by the
Association, landscaping of the Common Elements, care of grounds within the Common Elements,
wages, common water, sewer and utility charges for the Common Elements, all water charges
incurred through the water meter for Unit E, legal and accounting fees, expenses and liabilities
incurred by the Association under or by reason of this Declaration, payment of any deficit remaining
from a previous assessment period, and the creation of a reasonable and adequate contingency or
other reserve or surplus fund for insurance deductibles and general, routine maintenance, repairs and
replacement of improvements within the Common Elements on a periodic basis, as needed. The
Common Expense Assessment as to the Restricted Units shall be subject to the limitations set forth
in Exhibit C attached hereto.
5.3. Date of Commencement of the Common Expense Assessments. The Common Expense
Assessment shall commence as to each Unit on the first day of the month following the effective date
of the first Budget of the Association. Until the commencement of the collection of the Common
Expense Assessment, the Declarant shall pay all of the expenses of the Association.
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5.4. Special Assessments. In addition to the other Assessments authorized herein, the Executive
Board, subject to the limitations set forth below, may levy a Special Assessment for the purpose of
defraying, in whole or in part, any unexpected expense to include but not be limited to, the cost of
any construction, reconstruction, improvement, repair or replacement of a capital improvement upon
the Common Elements, including fixtures and personal property relating thereto, or for the funding
of any operating deficit incurred by the Association provided that any such assessment shall have the
approval of Owners to whom at least sixty-seven percent of the votes in the Association are allocated,
who are voting in person or by proxy at a meeting duly called for this purpose. Any such Special
Assessment shall be levied against each Unit in accordance with that Unit's Common Expense
Liability determined in accordance with Paragraph 1.3.2 hereof, except as may otherwise be provided
in attached Exhibit C. Special Assessments, as to the Restricted Units, shall be subject to the
limitations set forth in attached Exhibit C.
5.5. Fines. The Executive Board of the Association shall have the right to levy a Fine against
an Owner or Owners for each violation of this Declaration, the Bylaws, the Articles and the Rules
and Regulations of the Association. No such Fine shall be levied until the owner or owners to be
charged have been given a Notice and Hearing as provided for in the Bylaws of the Association.
Fines may be levied in a reasonable amount as determined from time to time by the Executive Board
in its discretion and uniformly applied. Fines shall be collected by the Association as an Assessment
and the Association shall have the right to collect any Costs of Enforcement incurred therewith.
5.6. Individual Assessments. The Executive Board shall have the right to individually levy upon
any Owner or Owners amounts as provided for by this Declaration, to include but not be limited to,
charges levied under Paragraphs 2.10, 6.3, 6.5, 6.9, 8.3, 12.1, 12.2 thereof. No Individual
Assessment shall be levied until the Owner or Owners to be charged have been given a Notice and
Hearing as provided for in the Bylaws of the Association. Individual Assessments shall be collected
as part of the Costs of Enforcement.
5.7. Levy of Assessments. Common Expense Assessments shall be levied on all Units based
upon a budget of the Association's cash requirements to accomplish the purposes as set forth in
Paragraph 5.2 hereof The Common Expense Assessment shall be prorated among the Units in
accordance with that Unit's Common Expense Liability as set forth in Paragraph 1.3.2. No Owner
may waive or otherwise escape liability for the Common Expense Assessment provided for herein by
the non-use of the Common Elements or the abandonment of his or her Unit. The omission or failure
of the Executive Board to levy the Common Expense Assessment for any period shall not be deemed
a waiver, modification or a release of the Owners from their obligation to pay.
Special Assessments shall be levied in accordance with Paragraph 5.4 hereof.
Fines and Individual Assessments may be levied at any time as required. Fines and
Individual Assessments are exempt from any voting requirements by the membership required for
other Assessments called for under the Declaration.
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5.8. Due Date. Common Expense Assessments shall be levied on an annual basis and shall be
due and payable in monthly installments on a prorated basis, in advance and shall be due on the first
day of each month. The first Common Expense Assessment shall be adjusted to reflect the time
remaining in the Association's first fiscal year. Any Owner acquiring a Unit between annual due dates
shall pay a prorated share of the annual Common Expense Assessment.
Special Assessments shall be due and payable as established by the Executive Board but may
be payable on an installment basis as determined by the Executive Board.
Fines and Individual Assessments shall be due and payable as established by the Executive
Board.
Written notice of all Assessments shall be sent to each owner subject thereto specifying the
type of assessment, the amount and the date such assessment is due.
5.9. Remedies for Nonpayment of Assessments. If any Assessment (to include Costs of
Enforcement)is not fully paid within fifteen(15) days after the same becomes due and payable, then:
5.9.1. interest shall accrue at the default rate of fifteen percent (15%) per annum or such
other greater or lesser default rate as may be set from time to time by the Rules and Regulations of
the Association on any amount of the Assessment in default accruing from the due date until date of
payment;
5.9.2. the Board may accelerate and declare immediately due and payable all unpaid
installments of the Assessment otherwise due during the fiscal year during which such default
occurred;
5.9.3. the Board may bring an action at law in any court of competent jurisdiction against
any Owner personally obligated to pay the same and obtain a judgment for the amounts due;
5.9.4. the Board may proceed to foreclose its lien against the Unit pursuant to the power
of sale granted to the Association by this Declaration in the manner and form provided by Colorado
law for foreclosure of real estate mortgages;
5.9.5. the Board may exercise any and all other rights it may have under the Act or
otherwise at law or equity.
An action at law or in equity by the Association against an Owner to recover a judgment
for unpaid Assessments may be commenced and pursued by the Association without foreclosing or
in any way waiving the Association's lien for the Assessments.
5.10. The Assessment Lien. The Association is hereby granted an Assessment Lien against each
Unit for any Assessment levied by the Executive Board and for Costs of Enforcement levied against
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such Unit Owners when the Unit Owner fails to pay as required by the Declaration. All Costs of
Enforcement incurred pursuant to this Declaration are enforceable as Assessments. If an Assessment
is payable in installments,the full amount of the Assessment is a lien from the time the first installment
thereof becomes due. The Association's lien on a Unit for Assessments shall be superior to all other
liens and encumbrances except the following:
5.10.1. real property ad valorem taxes and special assessment liens duly imposed by a
Colorado governmental or political subdivision or special taxing district, or any other liens made
superior by statute; and
5.10.2. the lien of any First Mortgagee except to the extent the Act grants priority for
Assessments to the Association.
The Executive Board may prepare, and record in the county in which the Unit is located,
a written notice setting forth the amount of the unpaid indebtedness, the name of the Owner of the
Unit, and a description of the Unit. If such a notice is filed, the cost thereof shall be considered a
Cost of Enforcement.
Sale or transfer of any Unit shall not affect the lien for Assessments except that sale or
transfer of any Unit pursuant to foreclosure of any First Mortgagee, or any proceeding in lieu thereof,
including deed in lieu of foreclosure, or cancellation or forfeiture shall extinguish the Assessment Lien
only to the extent provided by Colorado law. Any such sale or transfer, deed in lieu of foreclosure,
or cancellation or forfeiture shall not relieve any Unit Owner from continuing liability for any
Assessment thereafter becoming due, or from the lien thereof.
Any First Mortgagee who acquires title to a Unit by virtue of foreclosing a first mortgage
or by virtue of a deed in lieu of foreclosure will take the Unit free of any claims for unpaid Assess-
ments and Costs of Enforcement against that Unit which have accrued and were due and payable
prior to the time such First Mortgagee acquires title to the Unit, except to the extent the Act grants
lien priority for Assessments of the Association.
The Assessment Lien hereby given shall also be a lien upon all of the rents and profits of the
encumbered Unit; provided, however, the lien shall be subject and subordinate to the rights of any
First Mortgagee of a Unit under any assignment of rents given in connection with a first deed of trust.
Without prejudice to any other right or remedy, the Association may exercise its lien rights to rents
and profits by delivering a Notice of Exercise to the occupant or any payor of rents and profits, and
thereafter shall be entitled to collect all such rents and profits to the extent of any delinquency. In any
action by an Association to collect Assessments and Costs of Enforcement or to foreclose a lien for
unpaid Assessments, the court may appoint a receiver for the Owner to collect all sums alleged to be
due from the Owner prior to or during the pending of the action. The court may order the receiver
to pay any sums held by the receiver to the Association during the pending of the action to the extent
of the Association's Common Expense Assessments and Costs of Enforcement.
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The Association's lien on a Unit for Assessments and Costs of Enforcement shall be superior
to any homestead exemption now or hereafter provided by the laws of the State of Colorado or any
exemption now or hereafter provided by the laws of the United States. The acceptance of a deed to
a Unit subject to this Declaration shall constitute a waiver of the homestead and any other exemption
as against said Assessment Lien.
5.11. Surplus Funds. Any surplus funds of the Association remaining after payment of or making
provisions for Common Expenses and any prepayment of or making provisions for reserves shall be
retained by the Association as unallocated reserves and need not be credited to the Owners in
proportion to their Common Expense Liability to reduce their future Common Expense Assessments.
5.12. Working Capital Fund. Each Owner, at the time the Owner acquires his or her Unit, shall
make a non-refundable contribution to the Working Capital Fund of the Association in the amount
equal to at least two (2) month's installments of the Common Expense Assessment for such Unit.
Such sum shall be held, without interest, in trust, as a reserve for working capital and may be used
for unforeseen expenditures or to purchase any additional equipment or services as the Board deems
necessary or appropriate. Such payment shall not be considered as an advance payment of the regular
Common Expense Assessment and shall not relieve an Owner from making the regular monthly
payment of the Common Expense Assessment as the same becomes due.
The Working Capital Fund is to be turned over to the Association for deposit to a
segregated fund when control of the Association is transferred to the Owners. Upon the sale of his
Unit, an Owner shall be entitled to a refund from the Association of the unused portion, if any, of the
aforesaid contribution to the Working Capital Fund, provided that the transferee of the Unit has
deposited the required working capital contribution with the Association.
The Declarant may reimburse itself for funds it paid the Association for an unsold Unit's
share paid at time of turnover to the Working Capital Fund by using funds collected at closing when
subsequent Units are sold. The Declarant is prohibited from using the Working Capital Fund to
defray any of its expenses, reserve contributions or construction costs, or to make up any budget
deficits while it has control of the Association.
5.13. Certificate of Status of Assessments. The Association shall furnish to an Owner or such
Owner's First Mortgagee upon written request delivered personally or by certified mail, first class
postage prepaid, return receipt requested, to the Association's Registered Agent, a statement setting
forth the amount of unpaid Assessments currently levied against such Owner's Unit. The statement
shall be furnished within fourteen (14) business days after receipt of the request and is binding upon
the Association, the Executive Board, and every Owner. If no statement is furnished to the Owner
or First Mortgagee, delivered personally or by certified mail, first class postage prepaid, return receipt
requested, to the inquiring party, then the Association shall have no right to assert a priority lien upon
the Unit for unpaid Assessments which were due as of the date of the request.
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5.14. No Offsets. All Assessments shall be payable in the amounts specified in the levy thereof,
and no offsets or reduction thereof shall be permitted for any reason including, without limitation, any
claim that the Association or the Executive Board is not properly exercising its duties and powers
under this Declaration. The Declarant is exempt from the requirements of this paragraph.
ARTICLE 6.: RESTRICTIVE COVENANTS AND OBLIGATIONS
6.1. Use and Occupancy of the Units. Each Owner shall be entitled to the exclusive ownership
and possession of his or her Unit. Subject to the Development and Special Declarant Rights reserved
by the Declarant in ARTICLE 9 hereof, no Unit within the Community shall be used for any purpose
other than single-family residential purposes as generally defined or for a home occupation but only
as such home occupation use may be allowed by the City of Aspen Municipal Code.
6.2. Use of the Common Elements. Each Owner and his or her Guests may use the appurtenant
Common Elements in accordance with the purpose for which they are intended, without hindering
or encroaching upon the lawful rights of the other Owners. The Executive Board may adopt Rules
and Regulations governing the use of the Common Elements, but such Rules and Regulations shall
be uniform and nondiscriminatory. Each Owner, by the acceptance of his or her deed or other
instrument of conveyance or assignment and such Owner's Guests occupying the Unit agree to be
bound by any such adopted Rules and Regulations.
Decks, patios and balconies shall not be used for storage. There shall be no obstruction of
the Common Elements;and nothing shall be kept or stored on or in the Common Elements, including
areas which are Limited Common Elements except as may be enclosed in a Garage; and nothing shall
be placed on or in windows or doors of Units, which would or might create unsightly appearance.
Nothing shall be altered, constructed on, or removed from the Common Elements except upon the
prior written consent of the Executive Board in accordance with Paragraph 12.4 hereof.
6.3. Pets Within the Community. No dogs, cats, birds, poultry, reptiles, insects or animals of
any kind or description shall be raised, bred, kept or boarded in or on any portion of the Community
except as may be permitted by and in accordance with the Rules and Regulations of the Association.
Reimbursement for costs incurred by the Association, to include attorneys' fees and costs, in the
removal of an illegally kept or boarded pet or pets from the Community shall be levied after being
given Notice and Hearing as provided for in the Bylaws of the Association an Individual Assessment
in accordance with Paragraph 5.6 hereof. The Rules and Regulations may compel the removal of any
pet from the Community and may prohibit the keeping of a pet in the Community that the Association
deems harmful or a danger to the Owners and the Community.
6.4. Nuisances. No noxious or offensive activity shall be carried on within the Community, nor
shall anything be done or maintained thereon which may be or become an annoyance or nuisance to
the neighborhood or detract from its value as an attractive residential community.
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6.5. Vehicular Parking, Storage and Maintenance.No vehicle maintenance is allowed within the
Community. No house trailer, camping trailer, horse trailer, camper, camper shells, boat trailers,
hauling trailer, boat or boat accessories, truck larger than one ton, recreational vehicle or equipment,
mobile home, or commercial vehicle may be parked or stored anywhere within the Community so they
are visible from neighboring Units or from the street except in emergencies or as a temporary
expedience. This applies to vehicles referred to above even if they are licensed by the State of
Colorado or any other jurisdiction as"passenger vehicles". No emergency or temporary parking or
storage shall continue for more than seventy-two hours.
No abandoned, unlicensed, wrecked or inoperable vehicles of any kind shall be stored or
parked within the Community except in emergencies. Any"abandoned or inoperable vehicle" shall
be defined as any of the vehicles listed above or any other kind of passenger vehicle which has not
been driven under its own propulsion for a period of one week or longer, or which does not have
installed within it an operable propulsion system; provided, however, that any vehicle belonging to
any Owner which is otherwise permitted will not be deemed to be abandoned while the Owner is ill
or out of town. The Executive Board shall have the right to remove and store a vehicle in violation
of this Paragraph after Notice and Hearing, the expenses of which shall be levied against the Owner
of the vehicle as an Individual Assessment in accordance with Paragraph 5.6 hereof.
The provisions of Paragraph 14.2 notwithstanding, the Executive Board may amend this
Paragraph 6.5 from time to time to better serve the need of the Community without the consent of
the Owners or First Mortgagees.
6.6. Prohibition of Certain Activities. Nothing shall be done or kept in any Unit or in the
Common Elements or any part thereof which would result in the cancellation of the insurance on the
Community or increase the rate of the insurance on the Community over what the Association, but
for such activity, would pay, without the prior written consent of the Executive Board.
No activity shall be conducted on any part of the Community which is or might be unsafe,
unsightly, unhealthy or hazardous to any person. Nothing shall be done or kept in any Unit or in the
Common Elements which would be in violation of any statutes, ordinance, regulations, or other
validly imposed requirement of any governmental body having jurisdiction over the Community. No
sound shall be emitted on any part of the Community which is unreasonably loud or annoying.
6.7. Antennas. No exterior television or radio antennas and/or masts or satellite dishes of any
sort shall be placed, allowed or maintained upon the Community without prior written approval of
the Executive Board of the Association.
6.8. Restrictions on Signs. No signs or advertising of any nature shall be erected or maintained
on any part of the Community without prior written consent of the Executive Board. The Board may
permit the placing of at least one sign of reasonable size and dignified form to identify the Community
and the Units therein.
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6.9. Owner Caused Damages. If, due to the act or neglect of an Owner or such Owner's Guests,
loss or damage shall be caused to any person or property within the Community, such Owner shall
be liable and responsible for the payment of same. The amount of such loss or damage, together with
cost of collection and reasonable attorneys' fees and costs, if necessary, may be collected by the
Executive Board from such Owner as an Individual Assessment against such Owner in accordance
with Paragraph 5.6 hereof. Subject to the requirements for Notice and a Hearing set forth in
Paragraph 5.6 hereof, determination with respect to whether or not an Owner shall be responsible for
such loss or damage shall be made by the Executive Board and shall be final.
6.10. Lease of a Unit. Any Owner shall have the right to lease his or her Unit upon such terms
and conditions as the Owner may deem advisable, subject to the following:
6.10.1. Individual room rentals and short term multi-family or lodge rentals are subject
to and governed by the provisions of the City of Aspen Municipal Code and, with regard to the
Restricted Units,the Aspen/Pitkin County Housing Authority guidelines and requirements. Any lease
or rental agreement pertaining to a Restricted Unit in the Community shall comply with all applicable
Aspen/Pitkin County Housing Authority guidelines and requirements.
6.10.2. Any lease or rental agreement shall be in writing and shall provide that the lease
or rental agreement is subject to the terms of this Declaration, the Bylaws, and the Articles and the
Rules and Regulations of the Association;
6.10.3. Any lease or rental agreement shall state that the failure of the lessee or renter to
comply with the terms of the Declaration, Bylaws, Articles or the Rules and Regulations of the
Association shall constitute a default and such default shall be enforceable by either the Executive
Board or the lessor, or by both of them;
6.10.4. Any Owner who leases his or her Unit shall, upon the written request of the
Executive Board, forward a copy of the lease or rental agreement to the Executive Board, within
three days after receipt of the request.
6.11. Use of Garages. Each Owner shall maintain the interior of his or her Garage in a clean, safe
and attractive condition and shall keep the same free from litter and debris. The Executive Board
shall have the power to establish reasonable rules and regulations relating to the sightliness and
cleanliness of the Garage and the use thereof by its Owner. All Garages shall remain available for the
parking of vehicles as their primary use and may only be utilized incidentally for storage. Garage
doors shall be kept in good repair and shall remain closed at all times except when an Owner or
occupant of a Unit is entering or exiting the Garage or moving vehicles or other items in and out of
the Garage.
6.12. Trash Removal. All rubbish, trash or garbage shall be regularly removed from the
Community and shall not be allowed to accumulate thereon. Each Unit Owner shall be responsible
to store and keep his trash receptacles(garbage cans)in his Unit or in those areas designated therefor
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in a Unit's Storage Area or Garage Area. Trash receptacles shall not be permitted in any other areas
of the Common Elements. Each Unit Owner shall contract and pay for his own trash collection and
removal. The Executive Board shall have the right to adopt as part of the Rules and Regulations such
means as may be necessary to enforce these provisions.
ARTICLE 7.: OTHER RESTRICTIONS
7.1. Fireplaces and Stoves. Any and all solid fuel burning devices are prohibited within the
Community. Natural gas fireplaces or stoves are allowed within the Community provided such are
installed in accordance with all appropriate building codes and safety requirements.
7.2. Limitations on Amounts of Assessments Against Restricted Units. Notwithstanding any
other provisions of this Declaration, the amounts of the Assessments against the Restricted Units shall
be subject to the limitations set forth in Exhibit C attached hereto.
ARTICLE 8.: EASEMENTS
8.1. Owner's Easement for Access, Support and Utilities. Each Owner shall have a nonexclusive
easement for access over the Common Elements between his or her Unit and the roads and street
within and/or adjacent to the Community. Each Owner shall have a non-exclusive easement in and
over the Common Elements including the Common Elements within the Unit of another Owner, for
horizontal and lateral support of his or her Unit and for utility service to the Unit, including water,
sewer, gas, electricity, telephone and television service.
8.2. Easements for Encroachments. If any part of the Common Elements encroaches or shall
hereafter encroach upon a Unit, an easement for such encroachment and for the maintenance of the
same shall and does exist. If any part of a Unit encroaches or shall hereafter encroach upon the
Common Elements, or upon another Unit, the owner of that Unit shall and does have an easement
for such encroachment and for the maintenance of same. Such easements for encroachment shall not
be considered to be encumbrances either on the Common Elements or on a Unit. Encroachments
referred to herein include, but are not limited to, encroachments caused by error in the original
construction of the Buildings, by error in the Map, by settling, rising or shifting of the earth, or by
changes in position caused by repair or reconstruction of the Community or any part hereof or by any
other movement of any portion of the improvements located upon the Community.
8.3. Easements in Units for Repair, Maintenance and Emergencies. Some of the Common
Elements are or may be located within a Unit. All Owners shall permit a right of entry to the
Executive Board or any other person authorized by the Executive Board, whether the Owner is
present or not, for access through each Unit to all Common Elements, from time to time, as
authorized by the Executive Board, as may be necessary for the routine maintenance, repair, or
replacement for any of the Common Elements located thereon or accessible therefrom or for making
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emergency repairs necessary to prevent damage to the Common Elements or to any Unit. For routine
maintenance and non-emergency repairs, entry shall be made only on a regular business day during
regular business hours, after service of at least one day's notice in writing to the Owner. In case of
emergency, entry shall be made at any time provided that a reasonable effort according to the
circumstances is made to give notice of entry.
The Executive Board or its agents is granted the authority to use such reasonable force as
is necessary to gain entry into a Unit in the event of an emergency, if no other means of entry are
available in view of the circumstances. The Association shall bear the full responsibility and expense
of all damages incurred to the Unit and/or Common Elements because of such forcible entry.
All damage to the interior or any part of a Unit resulting from the maintenance, repair,
emergency repair or replacement of any of the Common Elements, at the instance of the Association,
shall be paid for as part of the Common Expense Assessment by all of the Owners. No diminution
or abatement for Common Expense Assessments shall be claimed or allowed for inconveniences or
discomfort arising from the making of repairs or improvements or from action taken to comply with
any law, ordinance or order of any governmental authority. Restoration of the damaged
improvements shall be substantially the same as the condition in which they existed prior to damage.
Notwithstanding the foregoing, if any such damage is the result of the carelessness or
negligence of any Owner,then such Owner shall be solely responsible for the costs of repairing such
damage. In the event the Owner fails within a reasonable time upon proper notice to pay the cost of
the damages incurred, the Executive Board may pay for said damages and charge the Owner
responsible as an Individual Assessment in accordance with Paragraph 5.6 hereof
8.4. Emergency Easements. A nonexclusive easement for ingress and egress is hereby granted
to all police, sheriff, fire protection, ambulance, and other similar emergency agencies or persons, now
or hereafter servicing the Community, to enter upon all roads, driveways and other Common
Elements located in the Community, in the performance of their duties.
8.5. Utility Easements. Easements for utilities over and across the Common Elements shall be
those shown on the Map, and such other easements as may be established pursuant to the provisions
of this Declaration. The Executive Board has the right to grant permits, licenses and easements over
the Common Elements for utilities, roads and other purposes reasonably necessary or useful for the
proper maintenance or operation of the Community.
8.6. Recording Data Regarding Easements. The recording data for recorded easements and
licenses appurtenant thereto, or included in the Community or to which any portion of the Community
is or may be come subject to are identified in Exhibit D attached hereto.
8.7. Easements Deemed Appurtenant. The easements, uses and rights herein created for an
Owner shall be perpetual and appurtenant to the Units owned by such Owner. All conveyances or
any other instruments affecting title to a Unit shall be deemed to grant and reserve the easements,
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uses and rights as provided for herein, as though set forth in said document in full, even though no
specific reference to such easements, uses or rights appear in such conveyance.
ARTICLE 9.: DEVELOPMENT RIGHTS AND SPECIAL DECLARANT RIGHTS
9.1. Reservation. The Declarant reserves the following Development Rights and Special
Declarant Rights("Declarant Rights")which may be exercised, where applicable, anywhere within
the Community:
9.1.1. To complete the improvements as may be described and in the locations indicated
on the Map and to complete the construction of all seven (7) Units and all associated improvements
in the Project;
9.1.2. To post and maintain signs, displays and advertising in the Community and to
conduct general sales activities in order to advertise the Community and promote sales of Units;
9.1.3. To use, and to permit others to use, easements through the Common Elements as
may be reasonably necessary for construction within the Community and for the purpose of
discharging the Declarant's obligations under the Act and this Declaration;
9.1.4. To appoint or remove any officer of the Association or a member of the Executive
Board during the Period of Declarant Control subject to the provisions of Paragraphs 4.7 and 4.8 of
this Declaration;
9.1.5. To amend the Declaration and/or the Map and/or the Final Plat in connection with
the exercise of any Declarant Rights; and
9.1.6. To exercise any other Declarant Right created by any other provisions of this
Declaration.
Upon the exercise of any Development Right reserved herein, Declarant shall comply with
the applicable requirements of §38-33.3-210(1) and §38-33.3-209 of the Act pertaining to the
preparation, execution and recordation of amendments to this Declaration and the Map. Accordingly,
Declarant shall have the unrestricted right to amend the Declaration and the Map in order to exercise
Declarant Rights and in order to comply with the requirements of§38-33.3-210(1) and §38-33.3-209
of the Act, without the consent of any owner or First Mortgagee being required.
9.2. Rights Transferable. Declarant Rights created or reserved under this Article or elsewhere
in this Declaration for the benefit of Declarant may be transferred to any Person by an instrument
describing the Declarant Rights transferred and recorded in Pitkin County, Colorado. Such
instrument shall be executed by the transferor Declarant and the transferee.
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9.3. Limitations. The Declarant Rights shall terminate at the option of the Declarant by its
written notice to the Association, but in any event such Declarant Rights shall terminate without
further act or deed three (3) years from the date of the recording of this Declaration. Earlier
termination of certain rights may occur by statute.
9.4. Interference with the Declarant Rights. The Association, the Executive Board or any
Owner may not take any action or adopt any rule that will interfere with or diminish Declarant Rights
without the prior written consent of the Declarant.
9.5. Use by Declarant. The exercise of any Declarant Rights by Declarant shall not unreasonably
interfere with the access, enjoyment or use of any Unit by any Owner or with the access, enjoyment
or use of the Common Elements.
9.6. Declarant's Easements. The Declarant reserves the right to perform warranty work, and
repairs and construction work on Units, and on the Common Elements, to store materials in secure
areas, and to control and have the right of access to work and repair until completion of the
development. All work may be performed by the Declarant without the consent or approval of the
Executive Board. The Declarant has an easement through the Community as may be reasonably
necessary for the purpose of discharging the Declarant's obligations or exercising of the Declarant
Rights, whether arising under the Act or reserved in this Article.
9.7. Declarant's Personal Property. The Declarant reserves the right to retain all personal
property and equipment used in the sales, management, construction and maintenance of the Common
Elements that has not been represented as property of the Association. The Declarant reserves the
right to remove from the Community any and all goods and improvements used in development,
marketing and construction, whether or not they have become fixtures, upon completion of the
development and sales of all Units That May Be Created.
9.8. Rights of First Mortgagees. Additional limitations on the right of the Declarant to exercise
Declarant Rights may be found in ARTICLE 13 hereof.
ARTICLE 10.: INSURANCE/CONDEMNATION
10.1. Property Insurance. The Association shall obtain, maintain and pay the premiums upon, as
a Common Expense, a"master" or"blanket" type policy of property insurance covering all of the
Common Elements and Limited Common Elements including fixtures to the extent that they are part
of the Common Elements, building service equipment and supplies and other common personal
property belonging to the Association. All references herein to a"master" or"blanket" type policy
of property insurance are intended to denote"single entity" type insurance coverage that insures the
Association and the Owners for the Ownership and operation of the Common Elements.
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10.1.1. The policy shall be in an amount equal to one hundred percent (100%) of the
current replacement cost. The loss payable shall be in favor of the Association as a trustee for each
Owner and each such Owner's Mortgagee. The Association shall hold any proceeds of insurance in
trust for the Owner and for their First Mortgagees as their interest may appear. Certificates of
Insurance shall be issued to each Owner and Mortgagee upon request. Such policy shall contain the
standard mortgage clause or equivalent endorsement (without contribution) which is commonly
accepted by private institutional mortgage investors. Such policies shall also provide that the policy
may not be canceled or substantially modified without at least thirty(30) days' prior written notice
to the Association and to each First Mortgage listed as a scheduled holder of a First Mortgage in the
policies.
10.1.2. Policies are unacceptable where:
(a) under the terms of the insurance carrier's charter, bylaws or policy,
contributions or assessments may be made against the borrowers or secondary lenders;
(b) by the terms of the carrier's charter, bylaws or policy, loss payments
are contingent upon action by the Executive Board, policy holders or members; or
(c) the policy includes any limiting clauses (other than insurance
conditions) which could prevent the borrowers or secondary lenders form collecting insurance
proceeds.
10.1.3. The policies must provide the following:
(a) a waiver of the right of subrogation against the Owners individually;
(b) that the insurance is not prejudiced by any act or neglect of any
individual Owners which is not in control of such owners collectively; and
(c) that the policy is primary in the event the Owner has other insurance
covering the same loss.
10.1.4. The insurance policy shall afford, as a minimum, protection against:
(a) loss or damage by fire and other perils normally covered by the
standard extended coverage endorsement; or
(b) all other perils which are customarily covered with respect to common
interest ownership communities similar in construction, location and use, including all perils normally
covered by the standard all-risk endorsement where such is available.
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10.1.5. The following endorsements are required if they are available and are commonly
required by prudent institutional mortgage investors: Agreed Amount Endorsement, Inflation Guard
Endorsements, Construction Code Endorsement,Demolition Cost Endorsement, Contingent Liability
From Operation of Building Laws Endorsement, Increased Cost of Construction Endorsement and
Guaranteed Replacement Cost Endorsement.
10.1.6. To the extent reasonably available, the insurance policy shall be written by an
insurance carrier that has(a) a"B" or better general policyholder's rating or a"6" or better financial
performance index rating in Best's Insurance Reports, or (b) an"A" or better general policyholder's
rating and a financial size category of"VIII" or better in Best's Insurance Reports International
Edition.
10.2. Liability Insurance. The Association shall maintain general liability insurance coverage
covering all of the Common Elements owned by the Association and the public ways within the
Community. Coverage will be in an amount determined by the Executive Board, but in no event shall
it be less than$1,000,000 for bodily injury including deaths of persons and property damage arising
out of a single occurrence. Reasonable amounts of"umbrella" liability insurance in excess of the
primary limits may also be obtained. This insurance shall cover all occurrences commonly insured
against for death, bodily injury and property damage arising out of or in connection with the
operation, use, ownership or maintenance of the Common Elements and any other property which
the Association owns or has an obligation to maintain, repair and/or reconstruct and the activities of
the Association and the legal liability arising out of lawsuits relating to employment contracts of the
Association. This liability insurance may also include, if applicable, comprehensive automobile
liability insurance, garagekeeper's liability, liability for property of others, host liquor liability, water
damage liability, contractual liability, workers compensation insurance for employees of the
Association, and such other risks as shall customarily be required by private institutional mortgage
investors with respect to projects similar in construction, location and use.
Insurance policies carried pursuant to this Paragraph 10.2 shall provide that:
10.2.1. Each Owner is an insured person under the policy with respect to liability arising
out of the Owner's Interest in the Common Elements and any other property which the Association
owns or has an obligation to maintain, repair and/or reconstruct or membership in the Association;
10.2.2. The insurer waives the right to subrogation under the policy against an Owner or
member of the household of an Owner;
10.2.3. An act or omission by an Owner, unless acting within the scope of the Owner's
authority on behalf of the Association, will not void the policy or be a condition to recovery under
the policy;
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10.2.4. If, at the time of a loss under the policy, there is other insurance in the name of an
Owner covering the same risk covered by the policy, the policy of the Association provides primary
insurance.
10.3. Fidelity Bonds. The Association shall obtain and maintain, to the extent reasonably
available, fidelity bond insurance coverage for any Owner or Association employee who either
handles or is responsible for funds held or administered by the Association. The bond or insurance
shall name the Association as obligee, and shall contain waivers of any defense based upon the
exclusion of persons who serve without compensation from any definition of"employee" or similar
expression. In no event shall the bond or coverage be for an amount less than the sum of three
months' assessments plus reserve funds, as calculated from the current budget of the Association.
The bond or coverage shall include a provision that calls for ten days' written notice to the
Association, before the bond can be canceled or substantially modified for any reason.
The Association must also require any independent contractor who manages the
Association to obtain and maintain fidelity bond insurance coverage in the same amount, to the
extent that it is reasonably available, unless they are covered under the Association's fidelity bond
insurance coverage.
10.4. Owner Policies. An insurance policy issued to the Association does not preclude Owners
from obtaining insurance for their own benefit.
10.5. Workers Compensation Insurance. The Executive Board shall obtain and maintain Workers
Compensation Insurance if required to meet the requirements of the laws of the State of Colorado.
10.6. Directors'and Officers'Liability Insurance. The Executive Board shall obtain and maintain
directors' and officers, liability insurance, if reasonably available, covering all of the directors and
officers of the Association. This insurance will have limits determined by the Executive Board.
10.7. Other Insurance. The Association may carry other insurance which the Executive Board
considers appropriate to protect the Association.
10.8. Premiums. Insurance premiums for insurance carried or to be carried by the Association
shall be a Common Expense.
10.9. Procedures. The Executive Board may adopt written nondiscriminatory policies and
procedures for claims adjustment and responsibility for deductibles. To the extent the Association
settles claims for damages to real property, it shall have the authority to assess negligent owners
causing such loss or benefitting from such repair or restoration all deductibles paid by the
Association. If more than one Unit is damaged by a loss, the Association, in its reasonable discretion,
may assess each Owner a pro rata share of any deductible paid by the Association.
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10.10. General Provisions. All Association insurance shall be carried in blanket or master policy
form naming the Association as insured for the use and benefit of and as attorney-in-fact for the
Owners. The policies shall contain:
10.10.1. A standard non-contributory First Mortgagee's clause in favor of each First
Mortgagee, and shall provide that it cannot be canceled or materially altered by either the insured or
the insurance company until thirty days' prior written notice is given to the insured and each First
Mortgagee.
10.10.2. Waivers of any defense based on invalidity arising from any acts or neglect of an
Owner where such Owner is not under the control of the Association.
10.11. Insurance Proceeds. Any loss covered by the property insurance policy described in
Paragraph 10.1 above shall be adjusted by the Executive Board of the Association, and the insurance
proceeds for that loss shall be payable to the Association, and not to any First Mortgagee. The
Executive Board shall hold any insurance proceeds in trust for the Association, Owners and
lienholders as their interests may appear. The proceeds must be disbursed first for the repair or
restoration of the damaged property, and the Owners, Association and lienholders are not entitled to
receive payment of any portion of the proceeds unless there is a surplus of proceeds after the property
has been completely repaired or reconstructed. If proceeds are distributed, the distribution shall be
as the parties with interests and rights are determined or allocated by record, and pursuant to the Act.
10.12. Damage to Property. Any portion of the Community for which insurance is required under
§38-33.3-313 of the Act or for which insurance carried by the Association is in effect that is damaged
or destroyed, shall be repaired or reconstructed by the Association in accordance with ARTICLE 11
hereof.
10.13. Certificate of Insurance. An insurer that has issued an insurance policy for the insurance
described in this Article shall issue certificates of insurance to the Association and, upon request, to
any owner or First Mortgagee.
The insurer issuing the policy may not cancel or refuse to renew it until thirty (30) days after
notice of the proposed cancellation or nonrenewal has been mailed to the Association, each owner
and First Mortgagee to whom a certificate or memorandum of insurance has been issued, at their last
known address.
ARTICLE 11.: RESTORATION UPON DAMAGE OR DESTRUCTION
11.1. Duty to Restore. Any portion of the Community for which insurance is required under the
Act or for which insurance carried by the Association is in effect that is damaged or destroyed must
be repaired or replaced promptly by the Association unless:
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11.1.1. the Community is terminated;
11.1.2. repair or replacement would be illegal under a state statute or municipal ordinance
governing health or safety;
11.1.3. eighty percent(80%)of the votes in the Association, including the votes of every
Owner of a Unit or appurtenant Limited Common Element that will not be rebuilt, vote not to rebuild.
In the event the Community is not repaired or reconstructed in accordance with the above,
the Community shall be sold and the proceeds distributed pursuant to the procedures provided for
in the Act for termination of a condominium common interest community.
11.2. Plans/Cost. The Property must be repaired and restored in accordance with either the
original plans and specifications or other plans and specifications which have been approved by the
Executive Board and fifty-one percent(51%)of the votes in the Association; provided, however, the
size and configuration of a Unit to be repaired and restored cannot be changed from the original plans
and specifications without the approval of the Owner and the First Mortgagee of that Unit. The cost
of repair or reconstruction in excess of insurance proceeds and reserves is a Common Expense.
11.3. Reconstruction of Less Than the Entire Community. If the entire Community is not repaired
or reconstructed, the insurance proceeds attributable to the damaged Common Elements shall be used
to restore the damaged area to a condition compatible with the remainder of the Community, and:
11.3.1. the insurance proceeds attributable to a Unit and Limited Common Elements that
are not reconstructed must be distributed to the Owner of the Unit and the Owner of the Unit to
which the Limited Common Elements were appurtenant to, and to holders of Security Interest, as
their interest may appear;
11.3.2. the remainder of the proceeds must be distributed to each Owner and holders of
Security Interests, as their interest may appear, in proportion to such Owner's interest in the Common
Elements as set forth in Paragraph 1.3 hereof, and
11.3.3. if the Owners vote not to rebuild a Unit, all of the Allocated Interests of that Unit
shall be reallocated as if the Unit has been condemned, and the Association shall promptly prepare,
execute and record an amendment to this Declaration reflecting the reallocations.
11.4. Condemnation. If all or part of the Community is taken by any power having the authority
of eminent domain, all compensation and damages for and on account of the taking shall be payable
in accordance with the provisions on eminent domain in the Act.
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ARTICLE 12.: MAINTENANCE, REPAIR AND RECONSTRUCTION
12.1. By the Association. The Association shall be responsible for the maintenance, repair and
reconstruction of all of the Common Elements whether located inside or outside of the Units in
accordance with this ARTICLE 12, except for those portions of the Common Elements that are the
specific responsibility of a particular Unit Owner as may be provided in this Declaration. In addition
to those Common Elements which are part of the Buildings, this maintenance shall also include, but
shall not be limited to, snow removal and lawn mowing, upkeep, repair and replacement of all
landscaping, walls,gates, signage, irrigation systems, sidewalks, driveways, parking areas and parking
spaces and other improvements, if any, located in the Common Elements. The Association shall keep
the Common Elements and common areas safe, attractive, clean, functional and in good repair. The
Association may make necessary or desirable alterations or improvements to the Common Elements
subject to the limitations in the attached Exhibit C.
In the event the need for repair, maintenance and/or reconstruction results from the
negligent or tortious acts of an Owner or such Owner's Guest, as defined herein, the Executive Board
shall have the right, after Notice and Hearing, to repair, maintain and/or reconstruct said Common
Areas. The cost of such maintenance, repair and/or reconstruction shall be chargeable to such Owner
by an Individual Assessment in accordance with Paragraph 5.6 hereof Determination with respect
to whether or not such costs of maintenance, repair and/or reconstruction shall be chargeable to an
Owner pursuant to this paragraph shall be made by the Executive Board and shall be final.
12.2. By the Owner.
12.2.1. Each Owner shall keep his Unit and its equipment, appliances and appurtenances
in good order, condition and repair and in a clean and sanitary condition, and shall do all redecorating
and painting which may at any time be necessary to maintain the good appearance and condition of
his Unit. In addition, each Owner shall be responsible for all damage to any other Units or to the
Common Elements resulting from his failure or negligence to make any of the repair required by this
Paragraph. Each Owner shall perform his responsibility in such manner as shall not unreasonably
disturb or interfere with the other Owners. Each Owner shall promptly report to the Executive Board
any defect or need for repairs for which the Association is responsible.
12.2.2. The Owner of any Unit to which a Limited Common Element is appurtenant shall
keep that Limited Common Element in a clean and sanitary condition, and shall be responsible for its
maintenance and repair. In the event any Owner shall fail to maintain or keep in good repair his
Limited Common Element in a manner satisfactory to the Executive Board, the Executive Board after
Notice and Hearing shall have the right to maintain and repair said Limited Common Element. The
cost of such maintenance and repair shall be chargeable to such Owner by Individual Assessment in
accordance with Paragraph 5.6 hereof Each Limited Common Element is subject to an easement in
favor of the Executive Board (including its agents, employees and contractors) for providing the
maintenance and repair in accordance with above.
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12.3. Manner of Repair and Replacement. All repairs and replacements shall be substantially
similar to the original construction and installation and shall be of first-class quality.
12.4. Additions, Alterations or Improvements by the Unit Owners (Architectural Control). No
Owner shall make any structural addition, or alteration or improvement in or to his or her Unit
without the prior written consent of the Executive Board. No Owner shall paint or alter the exterior
of his or her Unit, including the doors and windows, nor shall any Owner paint or alter the exterior
of any Building, except as may be allowed in writing by the Executive Board, and then only as part
of the Association's plan for regular repair, maintenance and painting of the Common Elements.
The Executive Board shall be obligated to answer any written request by an Owner for
approval of a proposed structural addition, alteration or improvement within thirty (30) days after
such request, and failure to do so within the stipulated time shall constitute approval by the Executive
Board of such proposed structural addition, alteration or improvement.
If any application to any governmental authority for a permit to make any such structural
addition, alteration or improvement in or to any Unit requires execution by the Association, and
provided consent has been given by the Executive Board, then the application shall be executed on
behalf of the Association by an authorized Officer, only without however incurring any liability on
the part of the Executive Board, the Association or any of them to any contractor, subcontractor or
materialman on account of such addition, alteration or improvement, or to any person having claim
for injury to person or damage to property arising therefrom.
ARTICLE 13.: FIRST MORTGAGEE PROVISIONS
The following provisions are for the benefit of holders, insurers, or guarantors of holders
of first mortgages recorded against Units within the Community who qualify as an Eligible Mortgagee
as defined in Paragraph 1.22 hereof. To the extent applicable, necessary, or proper, the provisions
of this ARTICLE 13 apply to both this Declaration and to the Articles and Bylaws of the Association.
13.1. Notices of Action. Each Eligible Mortgagee shall be entitled to timely written notice of:
13.1.1. any material condemnation loss or casualty loss which affects a material portion
of the Community or any Unit in which there is a first mortgage held, insured, or guaranteed by an
Eligible Mortgagee;
13.1.2. any delinquency in the payment of the Common Expense Assessment owed by an
Owner whose Unit is subject to a mortgage held, insured or guaranteed by an Eligible Mortgagee,
or any default by such Owner in any obligation under the Declaration, Articles of Incorporation or
Bylaws of the Association if and when the Executive Board has actual knowledge of such default,
and such delinquency or default remains uncured for sixty (60) days;
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13.1.3. any lapse, cancellation, or material modification of any insurance policy or fidelity
bond maintained by the Association;
13.1.4. any proposed action which would require the consent of a specified percentage
of Eligible Mortgagees; and
13.1.5. any material judgment rendered against the Association.
13.2. Amendment to Documents/Special Approvals.
13.2.1. The consent of Owners to which at least sixty-seven percent (67%) of the votes
in the Association are allocated and the approval of at least fifty-one percent (51%) of the Eligible
Mortgagees shall be required to add to or amend any material provisions of this Declaration or the
Articles or Bylaws of the Association. These approval requirements do not apply to amendments
effected by the exercise of any Development Rights and Special Declarant Rights. A change to any
of the following would be considered material(unless they are for the purpose of correcting technical
errors or for clarification only):
(a) voting rights;
(b) assessments, assessment liens, or the priority of the assessment lien;
(c) reserves for maintenance, repair and replacement of the Common
Elements;
(d) responsibility for maintenance and repair of any portion of the
Common Elements and any other real property;
(e) right to use the Common Elements;
(f) convertibility of Units into Common Elements or Common Elements
into Units;
(g) insurance or fidelity bonds;
(h) leasing of Units;
(i) imposition of any restrictions on an Owner's right to sell or transfer his
or her Unit;
(j) a decision by the Association to establish self-management, when
professional management had previously been required by an Eligible
Mortgagee;
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(k) any provisions which are for the express benefit of First Mortgagees.
13.2.2. The Association may not take any of the following actions, other than rights
reserved to the Declarant as Development Rights and Special Declarant Rights, without the consent
of Owners to which at least sixty-seven percent (67%) of the votes in the Association are allocated
and the approval of at least fifty-one percent (51%) of the Eligible Mortgagees.
(a) Reconstruct or repair the Community after damage due to an insurable
hazard or a partial condemnation in a manner other than specified in
this Declaration.
(b) Merge the Community with any other condominium common interest
community or other planned community.
(c) Assign the future income of the Association, including its right to
receive Common Expense Assessments.
(d) Not repair or reconstruct, in the event of substantial destruction, any
part of the Common Elements.
13.2.3. The Association may not consent to the alteration of any partition or the creation
of any aperture between adjoining Units (when Unit boundaries are not otherwise being affected),
unless the Owners of Units affected and Eligible Mortgagees of those Units have first approved the
action and requested the consent of the Association to such in writing.
13.3. Special FHLMC Provisions. The following requirements apply in addition to and not in lieu
of the foregoing: Unless at least sixty-seven percent(67%) of the Eligible Mortgagees (based on one
(1)vote for each first mortgage owned) or unless the Owners to which at least sixty-seven percent
(67%) of the votes in the Association are allocated (other than Declarant) have given their prior
written approval, the Association is not entitled to take any of the following actions:
13.3.1. by act or omission seek to abandon, partition, subdivide, encumber, sell, or transfer
any common property owned directly or indirectly, by the Association (excluding the granting of
permits, licenses and easements for public utilities, roads or other purposes reasonably necessary or
useful for the property maintenance or operation of the Community or the Association);
13.3.2. change the method of determining the obligations, assessments, dues or other
charges which may be levied against an Owner;
13.3.3. by act or omission change, waive, or abandon any scheme of regulations or
enforcement pertaining to the architectural design or the exterior appearance of Units, the exterior
maintenance of the Units, and the maintenance of the Common Elements;
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13.3.4. fail to maintain fire and extended coverage on Common Elements on a current
replacement cost basis in an amount at not less than one hundred percent (100%) of the insurable
value (based on current replacement cost); and
13.3.5. use hazard insurance proceeds for property losses in the Common Elements for
purposes other than repair, replacement or reconstruction of said property.
13.4. Implied Approval. Implied approval by an Eligible Mortgagee shall be assumed when an
Eligible Mortgagee fails to submit a response to any proposal for an amendment within thirty (30)
days after said Eligible Mortgagee receives written notice of the proposal, provided the notice was
delivered by certified or registered mail, return receipt requested.
13.5. Books and Records. Owners and their mortgagees shall have the right to examine the books
and records of the Association at the office of the Association in accordance with the procedure set
forth in the Association's Bylaws.
13.6. Greater Voting Requirements Control. If any other provisions of this Declaration require
a greater vote for approval of certain actions than is specified in this ARTICLE 13, than that greater
voting requirement shall control.
ARTICLE 14.: DURATION, AMENDMENT AND TERMINATION OF THE DECLARATION
14.1. Duration. The covenants, restrictions and obligations of this Declaration shall run with and
bind the land in perpetuity subject to the termination provisions in this Declaration as set forth in
Paragraph 14.8 below, or as provided in the Act.
14.2. Amendments by Owners. Except in cases of amendments that may be executed by the
Executive Board pursuant to Paragraphs 1.30, 6.5 and 11.3 and the Declarant pursuant to ARTICLE
9 and Paragraph 14.5, and except as restricted by Paragraphs 13.2, 13.3 and 14.6 hereof, this
Declaration, including the Map, may be amended by the written agreement by Owners of Units to
which at least sixty-seven percent (67%) of the votes in the Association are allocated; provided,
however, except as provided for in Paragraph 11.3 hereof, an amendment by the Owners may not
(a) create or increase the Development Rights and/or Special Declarant Rights, (b) increase the
number of Units, (c) change the Allocated Interests of a Unit, (d) change the uses to which a Unit
is restricted, or(e) change the Assessment restrictions in attached Exhibit C, unless that amendment
is approved in writing by Owners of Units to which one hundred percent (100%) of the votes in the
Association are allocated.
14.2.1. Any amendment must be executed by the President of the Association and shall
be effective upon the recording of the amendment together with a notarized Certificate of the
Secretary of the Association certifying that the requisite number of Owners and Eligible Mortgagees,
if required, have given their written consent to the amendment. The Secretary shall further certify
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that originals of such written consents by Owners and Eligible Mortgagees, as applicable, along with
the recorded amendment, are in the records of the Association and available for inspection. Each
amendment to the Declaration must be recorded in accordance with §38-33.3-217(3) of the Act.
14.2.2. Where a Unit is owned by more than one (1) person, the execution of any
amendment shall be valid if executed by any one (1) Owner. Signatures need not be notarized. The
signature need not be identical to the name of the recorded Owner, but shall be sufficiently close as
to be identified as a proper signature of such person. All signatures shall be irrevocable even upon
death or conveyance of the Unit, except that if an amendment is not recorded within three (3)years
of the date of signature, then the executing owner or their successor or assigns may revoke their
signature by a written and notarized document delivered to the Secretary of the Association.
Amendments can be executed in counterparts, provided that such recorded document shall also
contain a certification of the Secretary of the Association that all counterparts, as executed, are part
of the whole.
14.2.3. No action shall be commenced or maintained to challenge the validity of any aspect
of any amendment of the Association's Declaration, Articles of Incorporation or Bylaws unless it is
commenced within one (1) year from the effective date of said amendment, unless fraud or willful
negligence is asserted and proven.
14.3. FHA/VA Approval. If the Community has been or is to be approved by the Federal
Housing Administration and/or the Veterans Administration, then until the termination of the Period
of Declarant Control in accordance with Paragraph 4.7 hereof, the following actions will require the
prior approval of the Federal Housing Administration and/or the Veterans Administration:
annexation of additional properties; amendment of this Declaration; and, the assessment of a Special
Assessment.
14.4. Consent of Eligible Mortgagees. Amendments may be subject to the consent requirements
of Eligible Mortgagees as more fully set forth in ARTICLE 13 hereof.
14.5. Amendments by Declarant. Declarant reserves the right to amend, without the consent of
Owners or Eligible Mortgagees, this Declaration, the Association's Articles of Incorporation or
Bylaws, any time within the limitations set forth in Paragraph 9.3 hereof, as follows:
14.5.1. To make nonmaterial changes, such as the correction of a technical, clerical,
grammatical or typographical error or clarification of a statement.
14.5.2. To comply with any requirements of any of the Agencies or to induce any of the
Agencies to make, purchase, sell, insure or guarantee First Mortgages.
14.5.3. To comply with any requirements of the Act.
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Further, except as expressly limited by this Declaration,Declarant, acting alone, reserves to Declarant
the right and power to modify and amend this Declaration and the Map to the fullest extent permitted
under the Act.
14.6. Consent of Declarant Required. Notwithstanding any other provision in this Declaration
to the contrary, any proposed amendment of any provision of this Declaration shall not be effective
unless Declarant has given its written consent to such amendment, which consent shall be evidenced
by the execution by Declarant of any certificate of amendment. The foregoing requirement for
consent of Declarant to any amendment shall terminate at the option of the Declarant by its written
notice to the Secretary of the Association, and in any event, shall terminate without further act or
deed in accordance with the limitations set forth in Paragraph 9.3 hereof.
14.7. Expenses. All expenses associated with preparing and recording an amendment shall be
allocated in accordance with §38-33.3-217(6) of the Act.
14.8. Termination. Except in the case of a taking of all the Units by condemnation, the
Community may be terminated only by agreement of Owners to which at least eighty percent (80%)
of the votes in the Association are allocated, as more fully set forth in §38-33.3-218 of the Act and
the approval of at least eighty percent (80%) of the Eligible Mortgagees.
ARTICLE 15.: GENERAL PROVISIONS
15.1. Certificate of Completion. The Certificate of Completion required by §38-33.3-201(2) is
attached herein as Exhibit E.
15.2. Right of Action. The Association and any aggrieved Owner shall have an appropriate right
of action against an Owner for such Owner's failure to comply with this Declaration, the Articles of
Incorporation and Bylaws of the Association, the Rules and Regulations of the Association or with
decisions of the Executive Board which are made pursuant thereto. Owners shall have a similar right
of action against the Association.
15.3. Successors and Assigns. This Declaration shall be binding upon and shall inure to the benefit
of the Declarant, the Association and each Owner and their heirs, personal representatives, successors
and assigns.
15.4. Severability. Any portion of this Declaration invalidated in any manner whatsoever shall
not be deemed to affect in any manner the validity, enforceability or effect of the remainder of this
Declaration, and in such event, all of the other provisions of this Declaration shall continue in full
force and effect as if such invalid provision had never been included herein.
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15.5. No Waiver. No provision contained in this Declaration shall be deemed to have been
abrogated or waived by reason of any failure to enforce the same, irrespective of the number of
violations or breaches which may occur.
15.6. Registration by Owner of Mailing Address. Each Owner shall register his or her mailing
address with the Association, and except for monthly statements and other routine notices, which
shall be personally delivered or sent by regular mail, all other notices or demands intended to be
served upon an Owner shall be delivered personally or sent by either registered or certified mail,
postage prepaid, addressed in the name of the owner at such registered mailing address. All notices,
demands or other notices intended to be served upon the Executive Board of the Association or the
Association shall be sent by certified mail, postage prepaid, to David G. Eisenstein, 3100 Arapahoe
Avenue, Suite 400, Boulder, Colorado 80303, Registered Agent for the Association until the
Registered Agent is changed by a notice duly filed with the office of the Secretary of State of
Colorado (Change of Registered Agent).
15.7. Conflict. The Project Documents are intended to comply with the requirements of the Act
and the Colorado Nonprofit Corporation Act. If there is any conflict between the Project Documents
and the provisions of the statutes, the provisions of the statutes shall control. In the event of any
conflict between this Declaration and any other Project Documents, this Declaration shall control.
15.8. Mergers. The Community may be merged or consolidated with another common interest
community of the same form of ownership by complying with §38-33.3-221 of the Act.
15.9. Attorneys'Fees and Costs. If any action is brought in a court of law or put into arbitration
as to the enforcement, interpretation, or construction of any of the within covenants, conditions and
restrictions of this Declaration, the prevailing party in such action shall be entitled to reasonable
attorneys' fees as well as all costs incurred in the prosecution or defense of such action.
15.10. Captions. The captions and headings in this Declaration are for convenience only, and shall
not be considered in construing any provision of this Declaration.
15.11. Numbers and Genders. Whenever used herein, unless the context shall otherwise provide,
the singular number shall include the plural, plural the singular, and the use of any gender shall include
all genders.
IN WITNESS WHEREOF the Declarant has caused this Declaration to be executed this
?'0 day of TT € , 1997.
DECLARANT
•
Larry Salit�an
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STATE OF COLORADO )
) ss.
COUNTY OF r'/ /4/ )
The foregoing instrument was acknowledged before me this6day of
, 1997, by Larry Saliterman, Declarant.
WITNESS my hand and official seal.
My commission expires: ,r-/. 2cGG
[SEAL] / nV /� 1;
1
Notary Public J -
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EXHIBIT A TO CONDOMINIUM DECLARATION
FOR VICTORIANS AT BLEEKER
Lots A and B and the north half of the vacated alley adjacent to said lots, Block 66,
City and Townsite of Aspen,
together with that certain non-exclusive easement and right of way for access, ingress
and egress,driveway and underground utility purposes, fifteen (15) feet in width, over
the northerly 5 feet of Lots K and L and the northerly 5 feet of the westerly 10 feet
of Lot M,Block 66, Original Aspen Townsite and the southerly 10 feet of the vacated
alley in Block 66, Original Aspen Townsite, adjacent and contiguous to Lots K and
L and the westerly 10 feet of Lot M,
together with all the interests, easements, rights, benefits, appurtenances and fixtures
appurtenant thereto and/or associated therewith,
PITKIN COUNTY, COLORADO.
�
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EXHIBIT B TO CONDOMINIUM DECLARATION
FOR VICTORIANS AT BLEEKER
Unit Description Designation Common expense liability and Number of votes
undivided interest in the common allocated to Unit
elements allocated to Unit expressed as
a percentage interest
Unit A Free Market 20% 2
Unit B Free Market 20% 2
Unit C Resident 15% 1.5
Occupied
UnitD Resident 15% 1.5
Occupied
Unit E Category 4 10% 1
UnitF Category4 10% 1
Unit G Category 4 10% 1
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EXHIBIT C TO CONDOMINIUM DECLARATION
FOR VICTORIANS AT BLEEKER
CERTAIN RESTRICTIONS ON AMOUNTS OF ASSESSMENTS
FOR THE BENEFIT OF THE RESTRICTED UNITS
The following provisions are intended to supplement the provisions of the Declaration, in
particular,ARTICLE 5. In the event of any inconsistency between the following provisions and the
rest of the Declaration that cannot be interpreted by the Association and the Owner in a way which
harmonizes the provision, then the following provisions shall control.
1. COMMON EXPENSE ASSESSMENTS
Estimated common expenses shall include, but not be limited to, cost of routine
maintenance, repairs and renovations to and operation of the common elements, expenses of
insurance premiums for insurance coverage as required by this Declaration or as deemed desirable
or necessary by the Association, lawn mowing, and normal and regular care of the landscaping,
sidewalks, driveway and grounds within the common elements, snow plowing, common water, sewer
and utility charges, legal and accounting fees in such amounts as are authorized by the Executive
Board, expenses and liabilities incurred by the Association under or by reason of this Declaration, and
payment of any deficiencies or debts remaining from a previous assessment. The common expense
assessment for the above listed common expenses (hereinafter"Unrestricted Common Expenses")
shall be determined based on the Association's annual budget as approved by the Owners no less
frequently than annually pursuant to the provisions of this Declaration.
The Association also may make common expense assessments for the following which shall
be referred to as "Restricted Common Expense Items": property management, the creation of a
reasonable and adequate contingency reserve or surplus fund for insurance deductibles and repairs
and replacement of improvements within the common elements on a periodic basis, as needed, and
landscaping and building improvements. The portion of the common expense assessment attributable
to these Restricted Common Expense Items, with regard to Units C and D, shall not exceed $100 per
month and with regard to Units E, F and G, shall not exceed $75 per month, unless the owners of
Units C, D, E, F and G, all approve of and consent to the amount of assessment in excess of that
limitation. These Restricted Common Expense Items shall be included within and be made a part of
the Association's budget and shall be subject to approval of the Owners as provided by this
Declaration.
2. SPECIAL ASSESSMENTS
In addition to the other assessments authorized herein, the Executive Board, subject to the
limitations set forth below, may levy a special assessment for the purpose of defraying, in whole or
in part, the cost of any construction or reconstruction, unexpected repair or replacement of
condodec.vab 6/25/97 44
improvements within the Common Elements, including the buildings or any portions thereof,
landscaping or any other portions of the Common Elements, including fixtures or personal property
relating thereto, incurred in order to return or restore those items to their original condition. Special
assessments may also be levied for the funding of any operating deficit incurred by the Association.
Before any such special assessments shall be levied however, notice in writing of the amount of such
special assessments and an explanation of the reasons therefor shall be provided to each owner and
any such assessment must be approved by Owners to whom at least sixty-seven percent (67%) of the
votes in the Association are allocated at a special meeting called for such purpose or at the annual
meeting provided notice of the Special Assessment request is included in the notice for the meeting.
Any such special assessment shall be levied against each unit in accordance with that unit's common
expense liability determined in accordance with Paragraph 1.3(b) hereof The Association shall not
have the right to levy any other Special Assessments except as provided herein, unless such Special
Assessment is approved by one hundred percent (100%) of the votes in the Association.
While as a general rule any amounts assessed as Special Assessments pursuant to this
section shall be assessed to the Owners according to each Unit's common expense liability, the
Association shall have the right to assess extraordinary maintenance, repair or restoration work on
fewer than all the Units only to the Owners of those affected Units and any extraordinary insurance
cost incurred as a result of the value of a particular owner's Unit or the actions of a particular Owner
(or his agents, servants, guests, tenants, or invitees)to that Owner, provided however that any such
assessment shall have the approval of Owners to whom at least sixty-seven percent (67%) of the
votes of the Association are allocated.
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EXHIBIT D TO CONDOMINIUM DECLARATION
FOR VICTORIANS AT BLEEKER
THE RECORDING DATE FOR RECORDED EASEMENTS AND LICENSES
AND OTHER MATTERS OF RECORD WHICH THE
CONDOMINIUM COMMON INTEREST COMMUNITY
IS OR MAY BECOME SUBJECT TO:
1. Reservations and exceptions as set forth in Deed from the City of Aspen recorded
in Book 316 at Page 142 providing as follows: "That no title shall be hereby acquired to any mine of
gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws".
2. Easement Agreement recorded August 2, 1996, as Reception No. 395469.
3. Terms, conditions and restrictions as set forth in Ordinance No. 11, Series of 1996
by Aspen City Council, recorded April 14, 1997, as Reception No. 403368.
4. Easements as shown on the Condominium Map of the Victorians at Bleeker, as
recorded.
5. Easements as set forth in this Declaration.
6. Restrictions as set forth in the Deed Restriction, Occupancy and Resale Agreement
for Units C, D, E, F and G, VICTORIANS AT BLEEKER, as recorded.
ALL BOOK AND PAGE AND RECEPTION NO. REFERENCES ARE AS FOUND IN THE
OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO.
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EXHIBIT E TO CONDOMINIUM DECLARATION
FOR VICTORIANS AT BLEEKER
CERTIFICATE OF COMPLETION
I hereby certify that as of this date all structural components of the buildings within the
Victorians at Bleeker containing or comprising any Units thereby created are substantially completed.
DATED: -7 .7 • (.27
R- •Istered Land Surveyor
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ORGANIZATIONAL CONSENT OF THE DIRECTORS OF
VICTORIANS AT BLEEKER HOMEOWNERS' ASSOCIATION
The undersigned, being all of the directors of Victorians at Bleeker Homeowners' Association,
a Colorado nonprofit corporation (the "Association"), consent to and take the following actions
without a meeting as provided for by the Colorado Nonprofit Corporation Act (C.R.S. 7-23-110):
1. Articles of Incorporation and Certificate. The articles of incorporation attached to
this consent are approved as filed with the Colorado secretary of state. When obtained by the
Association from the Colorado secretary of state, a copy of the certificate of incorporation issued by
the secretary of state shall also be attached to this consent.
2. Bylaws. The bylaws attached to this consent are adopted as the bylaws of the
Association.
3. Election of Officers. The following persons are elected to the corporate office set
forth opposite his or her name, to serve for one year and until his or her successor is elected and has
qualified:
Office Name
President Timothy Semrau
Secretary-Treasurer David Eisenstein
4. Budget. The attached annual budget of the Association for the fiscal year ending
December 31, 1997, is adopted as the budget for the Association. The effective date of this budget
shall be July 1, 1997. Common expense assessments shall commence on the first day of the month
following the effective date of the budget. Based on this budget the annual common expense
assessments levied on and charged to the Units shall be as set forth on the schedule of common
expense assessments attached hereto. This first common expense assessment of the Association shall
be adjusted to reflect the time remaining in the Association's first fiscal year (calendar year 1997).
Any Owner acquiring a Unit between the effective date of the budget and the end of the fiscal year
shall pay a prorated share of the annual expense assessment. The common expense assessments shall
be due and payable in monthly installments (in the amount of 1/12th the annual common expense
assessment) in advance and shall be due on the first day of each month.
The president is hereby instructed to provide written notice of the common expense
assessments to each owner specifying the amount of assessment and the date the assessments are due.
Additionally, the president is instructed to provide copies of the budget and the schedule of
assessments to all owners.
The president and the secretary-treasurer of the Association shall prepare and present to the
Executive Board of the Association on or before October 15, 1997, a proposed budget for the next
fiscal year(January 1, 1998 - December 31, 1998) and the Executive Board shall adopt the Budget
for the next fiscal year by on or before November 1, 1997. Within thirty days after the adoption of
summary of the budget to each Owner and shall set a date for a meeting of the Owners to consider
a ratification of the budget not less than 14 days nor more than 60 days after mailing or other delivery
of the summary. Ratification of the Budget shall be accomplished pursuant to the requirements of
the Declaration (Paragraph 4.10).
5. Insurance. The president is instructed to obtain on behalf of the Association the
insurance required by the Declaration.
6. Banking Arrangements. Pitkin County Bank&Trust Company shall be the depository
of the funds of the Association. The officers of the Association are authorized to execute banking
resolutions in the customary form of the bank. Copies of the banking resolutions shall be attached to
this consent.
7. Office of Association. The designated office of the Association in Aspen, Colorado
shall be Unit D, Victorians at Bleeker, having the address of 128 North Garmisch, Aspen, Colorado
81611. All owners of Units shall be notified that this is the designated office address of the
Association.
8. Fiscal Year. The fiscal year of the Association is set so as to end on the last day of
December of each year.
Dated: June 26, 1997.
Timothy Semrau
Larry Sali ; ` .n C—
David Eisenstein
ATTACHMENTS:
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Articles of Incorporation. 56 of 70 R 351.00 D 0.00 N 0.00 PITKINCO COLORADO
Bylaws.
Banking Resolution.
2
Victorians at Bleeker
Proposed Annual Budget (7/1/97)
Projected Income from Common Expense Assessments
Units A and B ($300 monthly) $7,200.00.
Units C and D ($225 monthly) 5,400.00
Units E, F, & G($150 monthly) 5,400.00
Total annual projected common expense
assessment income $18,000.00
Projected Annual Expenses
Snow Plowing $1,250.00
Lawn/landscaping maintenance 1,250.00
Natural Gas 6,000.00
Electricity 600.00
Accounting Fee 900.00
Sewer payment 1,000.00
Common water bill 600.00
Common area maintenance 1,000.00
Legal Fees 1,000.00
Insurance-Casualty/Liability 1,200.00
Total projected annual expenses $14,800.00
Capital Reserve Account
Nonrefundable contributions from closings $3,000.00
Common expense assessments for capital reserve 3,200.00
Total Capital Reserve Account $6,200.00
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t .
VICTORIANS AT BLEEKER
SCHEDULE OF COMMON EXPENSE ASSESSMENTS
(July 1, 1997)
Unit Amount of Annual Amount of Annual Amount of Monthly
Common Expense Common Expense Installment for
Assessment Assessment Adjusted Common Expense
for 8/1 -12/31/97 Assessment
A $3,600.00 $1,200.00 $300.00
13 3,600.00 1,200.00 300.00
C 2,700.00 900.00 225.00
I) 2,700.00 900.00 225.00
E 1,800.00 600.00 150.00
F 1,800.00 600.00 150.00
G 1,800.00 600.00 150.00
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BYLAWS
of
VICTORIANS AT BLEEKER
HOMEOWNERS'ASSOCIATION
(a Colorado non-profit corporation)
INTRODUCTION
These are the Bylaws of Victorians at Bleeker Homeowners' Association, a unit owner's
association for the condominium common interest community known as Victorians at Bleeker
(hereinafter the "Common Interest Community"). Initial capitalized terms are defined in
Article 1 of the Declaration.'
ARTICLE I
NAME
The name of the corporation is Victorians at Bleeker Homeowners' Association
(hereinafter the"Association").
ARTICLE II
BOARD OF DIRECTORS2
Section 2.1 - Number and Qualification - Termination of Declarant Control. The affairs of the
Common Interest Community and the Association shall be governed by the Board of Directors
which until the termination of the period of Declarant control shall consist of three persons, and
following such date shall consist of the seven (7) persons who are the Owners of the seven Units
in the Common Interest Community. If any Unit is owned by a partnership or corporation, any
officer, partner or employee of that Owner who is designated by that Owner to serve as a director
shall be eligible to serve as a director and shall be deemed to be an Owner for the purposes of the
preceding sentence. When more than one person holds an interest in a Unit, the persons holding
an interest in that Unit shall select among themselves one person to serve as a Director.
The Declaration referred to herein is the Condominium Declaration for Victorians at Bleeker recorded on
\t 1 7 , 1 997,as reception number t' OLD0,2 of the office of the Clerk and Recorder of Pitkin
County,Colorado.
2 "Board of Directors"as used herein shall mean the same and be synonymous with the"Executive Board"as
provided for in the Act,the Declaration and the Articles.
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Section 2.2 - Powers and Duties. The Board of Directors may act in all instances on behalf of the
Association, except as provided in the Declaration, the Articles, these Bylaws or the Act. The
Board of Directors shall have, subject to the limitations contained in the Declaration and the Act,
the powers and duties necessary for the administration of the affairs of the Association and of the
Common Interest Community, which shall include the powers and duties set forth in Article 4 of
the Declaration, the Articles and those set forth in the Act.
Section 2.3 - Standard of Care. In the performance of duties the Board of Directors is required to
exercise (1) if appointed by the Declarant, the care required of fiduciaries of the Owners and (2) if
elected by the Owners, ordinary and reasonable care.
Section 2.4 - Manager. The Board of Directors may employ a Managing Agent ("manager") for
the Common Interest Community, at a compensation established by the Board of Directors, to
perform duties and services authorized by the Board of Directors. The Board of Directors may
delegate to the manager only the powers granted to the Board of Directors by these Bylaws under
Section 2.2. Licenses, concessions and contracts may be executed by the manager pursuant to
specific resolutions of the Board of Directors and to fulfill the requirements of the budget.
Section 2.5 - Regular Meetings. The first regular meeting of the Board of Directors shall occur
concurrently with and at the time and place of each annual meeting of the Unit Owners. No
notice shall be necessary in order to legally constitute such meeting, provided a majority of the
directors are present. The Board of Directors may set a schedule of additional regular meetings
by resolution, and no further notice is necessary to constitute regular meeting.
Section 2.6 - Special Meetings. Special Meetings of the Board of Directors may be called by the
president or by a majority of the Board of Directors on at least five business days' notice to each
director. The notice shall be hand-delivered or mailed and shall state the time, place and purpose
of the meeting.
Section 2.7 - Location of Meetings. All meetings of the Board of Directors shall be held within
the City of Aspen, unless all directors consent in writing to another location.
Section 2.8 - Waiver of Notice. Any director may waive notice of any meeting in writing.
Attendance by a director at any meeting shall constitute a waiver of notice. If all the directors are
present at any meeting, no notice shall be required, and any business may be transacted at such
meeting.
Section 2.9 - Quorum of Board of Directors. At all meetings of the directors a majority of the
directors shall constitute a quorum for the transaction of business, and the votes of a majority of
the directors present at a meeting at which a quorum is present shall constitute a decision of the
directors. If, at any meeting, there shall be less than a quorum present, a majority of those present
may adjourn the meeting. At any adjourned meeting at which a quorum is present, any business
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which might have been transacted at the meeting originally called may be transacted without
further notice.
Section 2.10 - Compensation. No director may receive any compensation from the Association
for acting as a director, except as may be set and approved by resolution adopted by a majority
vote of the total vote of the Owners at a regular or special meeting of the Association. A director
may receive reimbursement for necessary expenses actually incurred in connection with the
director's duties as are approved by the Owners.
Section 2.11 - Consent to Corporate Action. If all the directors or all directors of a committee
established for such purposes, as the case may be, severally or collectively consent in writing to
any action taken or to be taken by the Association, and the number of the directors constitutes a
quorum, that action shall be a valid corporate action as though it had been authorized at a meeting
of the directors or the committee, as the case may be. The secretary shall file these consents with
the minutes of the meetings of the Board of Directors.
Section 2.12 - Telephone Communication in Lieu of Attendance. A director may attend a meeting
of the directors by using an electronic or telephonic communications method whereby the director
may be heard by the other members and may hear the deliberations of the other members on any
matter properly brought before the directors. The director's vote shall be counted and the
presence noted as if that director were present in person on that particular matter.
Section 2.13 - Open Meetings. All regular and special meetings of the Association's Board of
Directors shall be open to attendance by all members of the Association or their representatives.
Section 2.14 - Executive Sessions. The Board of Directors may hold an executive or closed door
session and may restrict attendance to board members and such other persons requested by the
board during a regular or specially announced meeting or a part thereof The matters to be
discussed at such an executive session shall be limited to:
(a) Matters pertaining to Association employees or involving the employment,
promotion, discipline, or dismissal of an officer, agent, or employee of the Association;
(b) Consultation with legal counsel concerning imminent court proceedings or disputes
or matters that are privileged or confidential between attorney and client;
(c) Investigative proceedings concerning possible or actual criminal misconduct;
(d) Matters subject to specific constitutional, statutory, or judicially imposed
requirements protecting such matters from public disclosure;
(e) Any matter which would constitute an unwarranted invasion of individual privacy
if disclosed.
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The president or the acting chair of the meeting shall announce the general matter of the
discussion prior to the time the board convenes an executive session. The directors shall not
adopt any rule or regulation during an executive session. A rule or regulation may only be validly
adopted during a regular or special meeting or after the directors goes back into regular session
following an executive session. The minutes of all meetings at which an executive session was
held shall indicate that the meeting was an executive session and shall include the general subject
matter of the session.
ARTICLE III
MEMBERS/OWNERS
Section 3.1 - Annual Meeting. Annual meetings of the members of the Association shall be held
in June at such date as set forth in the notice. At these meetings, the Board of Directors shall be
designated by the Owners, in accordance with the provisions of Article II of the Bylaws, subject
to the Declarant's right to appoint the Board of Directors during the period of Declarant Control.
The Owners may transact other business as may properly come before them at these meetings.
Section 3.2 - Special Meetings. Special Meetings of the Association may be called by the
president, by a majority of the members of the Board of Directors or by Owners comprising fifty
percent (50%) of the votes in the Association.
Section 3.3 - Place of Meetings. Meetings of the Owners shall be held at the Common Interest
Community or may be adjourned to a suitable place convenient to the Owners in the vicinity of
Aspen, Colorado, as may be designated by the Board of Directors or the President.
Section 3.4 - Notice of Meetings. The secretary or other officer specified in the Bylaws shall
cause notice to be hand delivered or sent postage prepaid by United States mail to the mailing
address of each Unit or to the mailing address designated in writing by the Owner, not less than
ten (10) nor more than fifty (50) days in advance of a meeting. No action shall be adopted at a
meeting except as stated in the notice.
Section 3.5 - Waiver of Notice. Any Owner may, at any time, waive notice of any meeting of the
Owners in writing, and the waiver shall be deemed equivalent to the receipt of notice.
Section 3.6 - Adjournment of Meeting. At any meeting of Owners, a majority of the votes in the
Association who are present at the meeting, either in person or by proxy, may adjourn the meeting
to another time.
Section 3.7 - Order of Business. The order of business at all meetings of the Owners shall be as
follows:
(a) Roll call (or check-in procedure);
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(b) Proof of notice of meeting;
(c) Reading of minutes of preceding meeting;
(d) Reports;
(e) Designate the names of the persons serving as the Board of Directors (if required
and noticed);
(f) Ratification of budget (if required and noticed);
(g) Unfinished business; and
(h) New Business.
Section 3.8- Voting.
(a) If only one of several owners of a Unit is present at a meeting of the Association,
the owner present is entitled to cast all the votes allocated to the Unit. If more than one of the
owners are present, the votes allocated to the Unit may be cast only in accordance with the
agreement of a majority in interest of the owners. There is majority agreement if any one of the
owners casts the votes allocated to the Unit without protest being made promptly to the person
presiding over the meeting by another owner of the Unit. The votes allocated to a Unit shall be as
set forth in the Declaration.
(b) Votes allocated to a Unit may be cast under a proxy duly executed by a Unit
Owner. If a Unit is owned by more than one person, each owner of a the Unit may vote or
register protest to the casting of votes by the other owners of the Unit through a duly executed
proxy. A Unit Owner may revoke a proxy given under this section only by actual notice of
revocation to the person presiding over a meeting of the Association. A proxy is void if it is not
dated or purports to be revocable without notice. A proxy terminates ninety (90) days after its
date, unless it specifies a shorter term. If a proxy is note dated it shall be deemed void.
(c) The vote of a corporation or trust may be cast by any officer of that corporation or
officer or trustee of that trust in the absence of express notice of the designation of a specific
person by the directors or trustees or bylaws of the owning corporation or trust. The vote of a
partnership may be cast by any general partner of the owning partnership in the absence of express
notice of the designation of a specific person by the owning partnership. The votes of a limited
liability company may be cast by any manager of the owning limited liability company in the
absence of express notice of the designation of a specific person by the owning limited liability
company. The chair of the meeting may require reasonable evidence that a person voting on
behalf of a corporation, partnership, limited liability company or trust is qualified to vote.
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Section 3.9 - Quorum. Except as otherwise provided in these Bylaws, the Owners present in
person or by proxy at any meeting of Owners representing not less than 50 percent of the votes in
the Association shall constitute a quorum at that meeting.
Section 3.10 - Majority Vote. The vote of a majority of the votes in the Association present in
person or by proxy at a meeting of Owners at which a quorum shall be present shall be binding on
all Owners for all purposes except where a higher percentage vote is required in the Declaration,
the Articles, these Bylaws, by the Act or by the Colorado Nonprofit Corporation Act.
ARTICLE IV
OFFICERS
Section 4.1 - Designation. The principal officers of the Association shall be the president and the
secretary-treasurer, who shall be elected by the Board of Directors. The Board of Directors may
appoint an assistant treasurer, an assistant secretary and other officers as it finds necessary. The
president and secretary-treasurer need to be directors.
Section 4.2 - Election of Officers. The officers of the Association shall be elected annually by the
Board of Directors at the organizational meeting of each new Board of Directors. They shall hold
office at the pleasure of the Board of Directors.
Section 4.3 - Removal of Officers. Upon the affirmative vote of a majority of the directors, any
officers may be removed, either with or without cause. A successor may be elected at any regular
meeting of the Board of Directors or at any special meeting of the Board of Directors called for
that purpose.
Section 4.4- President. The president shall be the chief executive officer of the Association. The
director shall preside at all meetings of the Owners and the Board of Directors. The president
shall have all of the general powers and duties which are incident to the office of president of a
nonprofit corporation organized under the laws of the State of Colorado, including but not limited
to the power to appoint committees from among the Board of Directors or the Owners from time
to time as the president may decide is appropriate to assist in the conduct of the affairs of the
Association. The president may fulfill the role of treasurer in the absence of the treasurer. The
president may cause to be prepared and may execute amendments, attested by the secretary, to
the Declaration and these Bylaws on behalf of the Association, following authorization or
approval of the particular amendment as applicable.
Section 4.5 - Secretary-Treasurer. The secretary-treasurer shall keep the minutes of all meetings
of the Owners and the Board of Directors. The secretary-treasurer shall have charge of the
Association's books and papers as the Board of Directors may direct and shall perform all the
duties incident to the office of secretary of a non-profit corporation organized under the laws of
the State of Colorado. The secretary-treasurer may cause to be prepared and may attest to the
execution by the president of amendments to the Declaration and the Bylaws on behalf of the
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Association, following authorization or approval of the particular amendment as applicable. The
secretary-treasurer shall be responsible for Association funds and securities, for keeping full and
accurate financial records and books of account showing all receipts and disbursements and for
the preparation of all required financial data. This officer shall be responsible for the deposit of all
monies and other valuable effects in depositories designated by the Owners and shall perform all
the duties incident to the office of treasurer of a nonprofit corporation organized under the laws
of the State of Colorado. The secretary-treasurer may endorse on behalf of the Association, for
collection only, checks, notes, and other obligations and shall deposit the same and all monies in
the name of and to the credit of the Association banks designated by the Owners. Except for
reserve funds described below, the secretary-treasurer may have custody of and shall have the
power to endorse for transfer, on behalf of the Association, stock, securities or other investments
owned or controlled by the Association or as fiduciary for others. Reserve funds of the
Association shall be deposited in segregated accounts or in prudent investments, as the Board of
Directors decides. Funds may be withdrawn from these reserves for the purposes for which they
were deposited, by check or order, authorized by the treasurer, and executed by two directors,
one of whom may be the secretary-treasurer if the secretary-treasurer is also a director.
Section 4.6- Agreements, Contracts, Deeds, Checks, etc. Except as provided in Sections 4.4, 4.5
and 4.8 of these Bylaws, all agreements, contracts, deeds, leases, checks and other instruments of
the Association shall be executed by any officer of the Association or by any other person or
persons designated by the Board of Directors.
Section 4.7 - Compensation. No officer shall receive any compensation from the Association for
acting as an officer, except as may be set and approved by resolution adopted by a total of the
majority vote of the votes in the Association at a regular or special meeting of the Association.
An officer may also receive reimbursement for necessary expenses actually incurred in connection
with Association duties, as are approved by the Board of Directors.
Section 4.8 - Statements of Unpaid Assessments. The secretary-treasurer, assistant treasurer, a
manager employed by the Association or, in their absence, any officer having access to the books
and records of the Association may prepare, certify, and execute statements of unpaid
assessments, in accordance with Section 38-33.3-316 of the Act.
The Association may charge a reasonable fee for preparing statements of unpaid
assessments. The amount of this fee and the time of payment shall be established by resolution of
the Board of Directors. The Association may refuse to furnish statements of unpaid assessments
until the fee is paid. Any unpaid fees may be assessed as a Common Expense against the Unit for
which the statement is furnished.
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ARTICLE V
VIOLATION
Section 5.1 - Abatement and Enjoinment of Violations by Owners. The violation of any of the
Rules and Regulations adopted by the Association or the breach of any provisions of the
Declaration shall give the Board of Directors the right, after notice and hearing, except in case of
an emergency, in addition to any other rights set forth in these Bylaws:
(a) To enter the Unit or Limited Common Element in which, or as to which, the
violation or breach exists and to summarily abate and remove, at the expense of the defaulting
Owner, any structure, thing or condition(except for additions or alterations of a permanent nature
that may exist in that Unit) that is existing and creating a danger to the Common Elements
contrary to the intent and meaning of the provisions of the Declaration. The Board of Directors
or the Association shall not be deemed liable for trespass by this action; or
(b) To enjoin, abate or remedy by appropriate legal proceedings, either at law or in
equity, the continuance of any breach.
Section 5.2 - Fine for Violation. By resolution, following notice and hearing, the Board of
Directors may levy a fine of up to Fifty Dollars ($50.00) per day for each day that a violation of
the Declaration or Rules and Regulations persists after notice and hearing.
Section 53 - Hearing Procedure. The Board of Directors shall not impose a fine, suspend voting,
or infringe upon any other rights of a member or other occupant for violations of rules unless and
until the following procedure is followed:
(a) Demand. Written demand to cease and desist from an alleged violation shall be
served upon the alleged violator specifying:
(i) the alleged violation;
(ii) the action required to abate the violation; and
(iii) a time period, not less than ten (10) days, during which the violation may
be abated without further sanction, if such violation is a continuing one, or
a statement that further violation of the same rule may result in the
imposition of a sanction after notice and hearing if the violation is not
continuing.
(b) Notice. At any time within twelve (12) months of such demand, if the violation
continues past the period allowed in the demand for abatement without penalty or if the same rule
is subsequently violated, the Board of Directors or its delegate shall serve the violator with
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written notice of a hearing to be held by the Board of Directors in executive session. The notice
shall contain:
(i) the nature of the alleged violation;
(ii) the time and place of a hearing, which time shall not be less than ten (10)
days from the giving of the notice;
(iii) an invitation to attend the hearing and produce any statement, evidence,
and witness on is or her behalf; and
(iv) the proposed sanction to be imposed.
(c) Hearing. The hearing shall be held in executive session pursuant to the notice of
hearing, affording the alleged violator a reasonable opportunity to be heard. If the violator is on
the Board of Directors, the violator shall not participate as a director or be involved in the
deliberations of the directors for the purposes of the hearing. Prior to the effectiveness of any
sanction hereunder, proof of notice and the invitation to be heard shall be placed in the minutes of
the meeting. Such proof shall be deemed adequate if a copy of the notice, together with a
statement of the date and manner of delivery, is entered by the officer, director, or agent who
delivered such notice. The notice requirement shall be deemed satisfied if the alleged violator
appears at the meeting. The minutes of the meeting shall contain a written statement of the results
of the hearing and the sanction, if any, imposed.
Section 5.4 - Liabilities and Indemnification. The directors and officers of the Association shall
have the liabilities, and be entitled to indemnification, as provided in Colorado's nonprofit
corporation laws and the Act.
ARTICLE VI
RECORDS
Section 6.1 - Records and Audits. The Association shall maintain financial records. The financial
records shall be maintained and audited in accordance with the Act and Article 4 of the
Declaration. The cost of the audit shall be a Common Expense unless otherwise provided in the
Declaration.
Section 6.2 - Examination. All records maintained by the Association or the manager shall be
available for examination and copying by any Owner, any holder of a Security Interest in a Unit or
its insurer or guarantor, or by any of their duly authorized agents or attorneys, at the expense of
the person examining the records, during normal business hours and after reasonable notice.
Section 6.3 -Records. The Association shall keep the following records:
(a) An account for each Unit, which shall designate the name and address of each
Owner, the name and address of each mortgagee who has given notice to the Association that it
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holds a mortgage on the Unit, the amount of each Common Expense assessment, the date on
which each assessment comes due, the amounts paid on the account and the balance due;
(b) An account for each Owner showing any other fees payable by the Owner;
(c) An account of any capital expenditures in excess of$1,000 approved by the Board
of Directors or the Owners for the current and next two succeeding fiscal years;
(d) A record of the amount and an accurate account of the current balance of any
reserves for capital expenditures, replacement and emergency repairs, together with the amount of
those portions of reserves designated by the Association for a specific project;
(e) The most recent regularly prepared balance sheet and income and expense
statement, if any, of the Association;
(0 A record of any unsatisfied judgments against the Association and the existence of
any pending suits in which the Association is a defendant;
(g) A record of insurance coverage provided for the benefit of Owners and the
Association;
(h) A record of any alterations or improvements to Units or Limited Common
Elements which violate any provisions of the Declaration of which the Board of Directors has
knowledge;
(i) A record of any violations, with respect to any portion of the Common Interest
Community, of health, safety or building codes or laws, ordinances, or regulations of which the
Board of Directors has knowledge;
(j) A record of the actual cost, irrespective of discounts and allowances, of the
maintenance of the Common Elements;
(k) Balance sheets and other records required by local corporate law;
(I) Tax returns for state and federal income taxation;
(m) Minutes of proceedings of incorporators, the Board of Directors, Owners,
committees of the Board of Directors and the Owners and waivers of notice; and
(n) A copy of the most current versions of the Declaration, Bylaws, Rules and
Regulations, and resolutions of the Board of Directors and the Owners, along with their exhibits
and schedules.
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ARTICLE VII
MISCELLANEOUS
Section 7.1 -Notices. All notices for the Association or the Board of Directors shall be delivered
to the office of the manager, or, if there is no manager, to the office of the Association, or to such
other address as the Board of Directors may designate by written notice to all Owners and to all
holders of Security Interests in the Units who have notified the Association that they hold a
Security Interest in a Unit. Except as otherwise provided, all notices to any Owner shall be sent
to the Owner's address as it appears in the records of the Association. All notices to holders of
Security Interests in the Units shall be sent by registered or certified mail to their respective
addresses, as designated by them in writing to the Association. All notices shall be deemed to
have been given when mailed, except notices of changes of address, which shall be deemed to
have been given when received.
Section 7.2 - Fiscal Year. The fiscal year of the Association shall be the calendar year unless the
Board of Directors shall establish a different fiscal year for the Association.
Section 7.3 - Waiver. No restriction, condition, obligation or provision contained in these Bylaws
shall be deemed to have been abrogated or waived by reason of any failure to enforce the same,
irrespective of the number of violations or breaches which may occur.
Section 7.4 - Office. The principal office of the Association shall be at the Common Interest
Community or at such other place as the Board of Directors may from time to time designate.
Section 7.5 - Working Capital. A working capital fund is to be established in the amount of two
months' regular budgeted initial Common Expense assessments, measured as of the date of the
first assessment, for all Units as they are created in proportion to their respective Allocated
Interests in Common Expenses. Any amounts paid into this fund shall not be considered as
advance payment of assessments. Each Unit's share of the working capital fund may be collected
and then contributed to the Association by the Declarant at the time the sale of the Unit is closed
or at the termination of Declarant control pursuant to Section 5.12 of the Declaration, if earlier.
Until paid to the Association, the contribution to the working capital shall be considered an
unpaid Common Expense Assessment, with a lien on the Declarant's unsold Units pursuant to the
Act. Until termination of Declarant control of the Board of Directors, the working capital shall be
deposited without interest in a segregated fund. While the Declarant is in control of the Board of
Directors, the Declarant cannot use any of the working capital funds to defray its expenses,
reserve contributions or construction costs or to make up budget deficits.
Section 7.6 - Reserves. As part of the adoption of the regular budget, the Board of Directors
shall include an amount which, in its reasonable business judgment, will establish and maintain an
adequate reserve fund for the replacement of improvements to the Common Elements and those
Limited Common Elements that it is obligated to maintain, based upon the age, remaining life, and
replacement cost of major Common Element improvements.
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ARTICLE VIII
AMENDMENTS
The Bylaws may be amended only by complying with the same requirements for
amendments to the Declaration as set forth in Article 14 of the Declaration.
CERTIFICATION
The foregoing are certified to be the Bylaws adopted by consent of Board of Directors of
VICTORIANS AT BLEEKER HOMEOWNERS' ASSOCIATION, dated June 2a, , 1997.
I/_...4k
Secretary
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DEED RESTRICTION,
OCCUPANCY AND RESALE AGREEMENT
FOR UNITS C, D, E, F AND G
VICTORIANS AT SLEEKER
THIS DEED RESTRICTION, OCCUPANCY AND RESALE AGREEMENT (herein the "Agreement")
is made and entered into this test day of June, 1997, by Larry Saliterman (herein the "Declarant"), for the
benefit of the parties and enforceable by the ASPEN/PITKIN COUNTY HOUSING AUTHORITY (herein
"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
(herein the "City") and Pitkin County, Colorado (herein 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 (herein the "Real Property"), and known as Units C, D, E, F and G, Victorians at Sleeker.
For purposes of this Agreement, the real property and all dwellings, appurtenances, improvements and
fixtures associated therewith to be restricted by this Agreement shall hereinafter be referred to as the
"Restricted Units"; and
WHEREAS, as a condition of the approval granted by the City Council of Aspen, Colorado,
Ordinance No. 11 (Series of 1996), for subdivision approval of the Property,the Declarant is required to enter
into this Agreement; and
WHEREAS, Declarant agrees to restrict Units E, F and G, Victorians at Sleeker (these Units are
hereinafter referred to as the "C-4 Units"), to "Qualified Buyers" under Category 4 (herein "C-4") and Units C
and D, Victorians at Sleeker(these Units are hereinafter referred to as the"RO Units"), to Resident Occupied
(herein "RO") definitions, as those terms are defined in this Agreement and established by the City of Aspen
from time to time in APCHA's Affordable Housing Guidelines. In addition, the Declarant agrees that this
Agreement shall constitute a resale agreement setting forth the maximum resale price for which the
Restricted Units may be sold ("Maximum Resale Price"), the amount of appreciation and the terms and
provisions controlling the resale of the Restricted Units should Declarant's purchaser desire to sell its interest
in the Restricted Units at any time after the date of this Agreement. Finally, by this Agreement, Declarant
agrees to restrict the Restricted Units against use and occupancy inconsistent with this Agreement. The C-4
Units and the RO Units may be referred to herein collectively as the "Restricted Units" or in the singular as a
"Restricted Unit."
WHEREAS, "Qualified Buyers" are natural persons meeting the income, asset, residency and all
other qualifications for C-4 or RO as applicable and as set forth in the Aspen/Pitkin County Housing Authority
Affordable Housing Guidelines (herein "the Affordable Housing Guidelines"), or its substitute, as adopted by
the City of Aspen upon the recommendation of APCHA, or the successor thereof, and in effect at the time of
the closing of the sale to a Qualified Buyer, who must represent and agree pursuant to this Agreement to
occupy the Restricted Unit as his or her primary residence (as defined in the Affordable Housing Guidelines),
not to engage in any business activity on the Restricted Unit, other than that permitted in that zone district or
by applicable ordinance, not to sell or otherwise transfer the Restricted Unit for use in a trade or business,
and to otherwise be bound by the Agreement of applicable provisions of the Affordable Housing Guidelines.
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WHEREAS, an "Owner" is a person or persons who is/are a Qualified Buyer who acquires an
ownership interest in the Restricted 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 this, her or their ownership interest in the Restricted 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.
NOW, THEREFORE, for value received, the receipt and sufficiency of which is hereby
acknowledged,the Declarant hereby represents, covenants and agrees as follows:
1. The use and occupancy of the Restricted Unit shall henceforth be limited exclusively to housing for
natural persons who meet the definition of Qualified Buyers and their families.
2. An Owner, in connection with the purchase of this Restricted Unit, must: a) occupy any Restricted
Unit within this Property as his or her primary residence during the time that such unit is owned; b)
not engage in any business activity on or in such Restricted Unit, other than permitted in that zone
district or by applicable ordinance; c) sell or otherwise transfer such Restricted Unit only in
accordance with this Agreement and the Affordable Housing Guidelines; d) not sell or otherwise
transfer such Restricted Unit for use in a trade or business; e) not permit any use or occupancy of
such Restricted Unit except in compliance with this Agreement; and f) continue to be employed as
required by the applicable APCHA Guidelines.
3. Default in Payment:
a. It shall be a breach of this Agreement for Owner to default in payments or other obligations
due or to be performed under a promissory note secured by a first deed of trust
encumbering the Restricted Unit. Owner must notify the APCHA, in writing, of any
notification received from a lender, or its assigns, of past due payments or default in
payment or other obligations due or to be performed under a promissory note secured by a
first deed of trust, as described herein, within five calendar days of Owner's notification from
lender, or its assigns, of said default or past due payments.
b. Upon notification from Owner, as provided above, or other notice of such default, APCHA
may offer loan counseling or distressed loan services to the Owner, if any of these services
are available, and is entitled to require the Owner to sell the Restricted Unit to avoid the
commencement of any foreclosure proceeding against the Restricted Unit. In the event that
the APCHA determines that sale of the Restricted Unit is necessary, Owner shall
immediately execute a standard Listing Contract on forms approved by the Colorado Real
Estate Commission, providing for a 30-day listing period. If a sales contract has not been
executed within the initial 30-day period, the Owner shall extend the listing period for an
additional 180 days, provided such extension does not conflict with the statutory rights of any
secured creditors. The listing agent shall promptly advertise the Restricted Unit for sale to
Qualified Buyers. The Owner shall, upon closing, pay a fee to the APCHA in an amount
equal to one percent (1%) of the sales price. In the event of a listing of the Restricted Unit
pursuant to this 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 deed of trust in favor of the
APCHA, as described herein, and to sell the Restricted Unit to such qualified bidder.
c. Upon receipt of notice as provided in paragraphs 3a and 3b, 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,
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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 Restricted Unit 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 Restricted Units, as described in Exhibit
"A", as a burden thereon, for the benefit of, and shall be specifically enforceable by the APCHA, the
City Council for the City(herein the "City Council"), 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. Pertaining to the RO units, in the event that an Owner desires to sell the Restricted Unit, the Owner
shall execute a standard Listing Contract on forms approved by the Colorado Real Estate
Commission 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. The listing agent shall promptly
advertise the Restricted Unit for sale by to Qualified Buyers. The Owner shall, upon closing, pay a
fee to the APCHA in an amount equal to one percent(1%) of the sales price. 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 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.
If the Housing Office markets and sells the Restricted Unit, then the Owner shall contribute a two
percent(2%)fee[on the total sales price]to the overall housing program.
Pertaining to the C-4 units, in the event that an Owner desires to sell the Restricted 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 this time, the
Owner shall deposit with APCHA an amount equal to one percent (1%) of the estimated value of the
Restricted Unit. The APCHA shall promptly advertise the Restricted Unit for sale 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 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. Units C and D, Victorians at Bleeker, are designated RO by specific authorization of the City Council.
The Maximum Resale Price for the unit specified as RO shall be as follows:
a. The initial sales price of the RO unit by the Declarant shall be as set forth in the
Memorandum of Acceptance to be recorded at the time of closing for each individual RO
unit. and shall be incorporated herein by this reference (herein the "initial Sale Price").
Should the RO unit be sold in the first three (3) years, it can be sold for the initial sales price
only.
b. Except as specified in Paragraph 3b above, the Maximum Resale Price of the Property in
the event of any resale thereof more than three (3) years from the date of the initial sale by
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the Declarant, shall be limited to the initial sale price plus an increase of four percent (4%) 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 .33 percent for each whole month for any part of a year), including
years one through three.
c. Plus Capital Improvements as specified in 7.c. below.
7. Units E, F and G, Victorians at Bleeker, are designated Category 4 (C-4) by specific authorization of
the City Council. The Maximum Resale Price for the units specified as C-4 shall be as follows and in
no event shall the Restricted Units be sold for an amount ("Maximum Resale Price") in excess of the
LESSER of:
a. '(the owner's purchase price which is stated on each individual Memorandum of
Acceptance), 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, U.S. City Average, Urban
Wage Earners and Clerical Workers (Revised), published by the U.S. Department of Labor,
Bureau of Labor Statistics) calculated as follows: the Owner's purchase price multiplied by
the Consumer Price Index last published prior to the date of Owner's notice of intent to sell
divided by the Consumer Price Index current at the date of this Agreement. In no event
shall the multiplier be less than one (1). For purposes of this Agreement, "date of intent to
sell"shall be the date of execution of a listing contract when required by this agreement, or if
a listing contract is not otherwise necessary, the date shall be determined to be the date
upon which a requirement for the Owner to sell is first applicable. PLUS
c. For the purpose of determining the Maximum Resale Price in accordance with this Section,
the Owner may add to the amount specified in Paragraph 6 or 7 above, the cost of
Permitted Capital Improvements (as defined in Exhibit "C") in a total amount not to exceed
ten percent (10%) of the initial listed purchase price set forth in each individual
Memorandum of Acceptance. In calculating such amount, only those Permitted Capital Im-
provements identified in Exhibit "C" shall qualify for inclusion. All such Permitted Capital
Improvements installed or constructed over the life of the unit shall qualify. However, the
allowance permitted by this subsection is a fixed amount, which shall be calculated on a
cumulative basis applicable to the owner and all subsequent purchasers, and shall not
exceed the maximum dollar amount set forth in this subsection 7.c.
d. Permitted Capital Improvements shall not include any changes or additions to the Property
made by the Owner during construction or thereafter, except in accordance with Paragraph
7.c. above. Permitted Capital Improvements shall not be included in the APCHA's listed
purchase price, even if made or installed during original construction.
e. In order to qualify as Permitted Capital Improvements, the Owner must furnish to the
APCHA the following information with respect to the improvements which the Owner seeks
to include in the calculation of Maximum Resale Price:
1) Original or duplicate receipts to verify the actual costs expended by the Owner for the
Permitted Capital Improvements;
2) Owner's affidavit verifying that the receipts are valid and correct receipts tendered at the time
of purchase; and
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3) True and correct copies of any building permit or certificate of occupancy required to be
issued by the Aspen/Pitkin County Building Department with respect to the Permitted Capital
Improvements.
f. For the purpose of determining the Maximum Resale Price in accordance with this Section,
the Owner may also add to the amount specified in Paragraphs 6 and 7.a. or b., the cost of
any permanent improvements constructed or installed as a result of any requirement
imposed by any governmental agency, provided that written certification is provided to the
APCHA of both the applicable requirement and the information required by Paragraph 7e,
1)-3).
g. In calculating the costs of Permitted Capital Improvements under Paragraph 7.c., only the
Owner's actual out-of-pocket costs and expenses shall be eligible for inclusion. Such
amount shall not include an amount attributable to Owner's "sweat equity" or to any
appreciation in the value of the improvements.
NOTHING HEREIN SHALL BE CONSTRUED TO CONSTITUTE A REPRESENTATION OR
GUARANTEE BY THE APCHA OR THE CITY THAT ON SALE THE OWNER SHALL OBTAIN
THE MAXIMUM SALE'S PRICE.
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 title to the Restricted 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)"), and
subject to the option specified in Paragraph 10.c. below, 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 Sale's Price or the appraised market value, whichever is less, shall be accepted; if all bids
are below ninety-five percent (95%) of the Maximum Sale's Price or the appraised market value, the
Restricted 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 Transfer-
ee(s). In the event of more than one (1) qualified bid as specified herein, Non-Qualified Transferee
may select the Qualified Buyer.
a. Non-Qualified Transferee(s) shall join in any sale, conveyance or transfer of the Restricted
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 Restricted Unit; 2) rent all or any
part of the Restricted Unit, except in strict compliance with Paragraph 14 hereof; 3) engage
in any other business activity on or in the Restricted Unit; 4) sell or otherwise transfer the
Restricted Unit except in accordance with this Agreement and the Affordable Housing
Guidelines; or 5) sell or otherwise transfer the Restricted Unit for use in a trade or business.
c. The APCHA, the City, the County, or their respective successors, as applicable, shall have
the right and option to purchase the Restricted Unit, exercisable within a period of fifteen
(15) calendar days after receipt of any sales offer submitted to the APCHA by a Non-
Qualified Transferee(s), and in the event of exercising their right and option, shall purchase
the Restricted Unit from the Non-Qualified Transferee(s) for a price of ninety-five percent
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(95%) of the Maximum Sale's Price, or the appraised market value, whichever is less. The
offer to purchase shall be made by the Non-Qualified Transferee within fifteen (15) days of
acquisition of the Restricted Unit.
d. Where the provisions of this Paragraph 10 apply, the APCHA may require the Owner to rent
the Restricted Unit in accordance with the provisions of Paragraph 14, below.
OWNER RESIDENCE AND EMPLOYMENT
11. The C-4 Units and the RO Units shall be and is/are to be utilized only as the sole and exclusive place
of residence of an Owner.
12. In the event Owner changes domicile or ceases to utilize the Restricted Unit as his or her sole and
exclusive place of residence, or ceases to be a full-time employee in accordance with the applicable
APCHA Guidelines, the Restricted Unit will be offered for sale pursuant to the provisions of
Paragraph 10 of this Agreement. Owner shall be deemed to have changed Owner's domicile by
becoming a resident elsewhere or accepting permanent employment outside Pitkin County, or
residing in the Restricted Unit for fewer than nine (9) months per calendar year without the express
written approval of the APCHA, or by ceasing to be a full-time employee. Where the provisions of
this Paragraph 12 apply, the APCHA may require the Owner to rent the Restricted Unit in
accordance with the provisions of Paragraph 14, below.
13. If at any time the Owner of the Restricted Unit also owns any interest alone or in conjunction with
others in any developed residential property or dwelling unit(s) located in Eagle, Garfield, Gunnison
or Pitkin Counties, Owner agrees to immediately list said other property or unit for sale and to sell
Owner's interest in such property at a sales price comparable to like units or properties in the area in
which the property or dwelling unit(s) are located. In the event said other property or unit has not
been sold by Owner within one hundred twenty(120) days of its listing, then Owner hereby agrees to
immediately list the Restricted Unit for sale pursuant to the provisions of Paragraph 10 of this
Agreement. It is understood and agreed between the parties hereto that, in the case of an Owner
whose business is the construction and sale of residential properties or the purchase and resale of
such properties, the properties which constitute inventory in such an Owner's business shall not
constitute "other developed residential property" or "dwelling unit(s)" as those terms are used in this
Paragraph 13.
RENTAL
14. Owner may not, except with prior written approval of the APCHA, and subject to APCHA's conditions
of approval, rent the Restricted Unit for any period of time. Prior to occupancy, any tenant must be
approved by the Homeowner's Association, if applicable, and the APCHA in accordance with the
income, occupancy and all other qualifications established by the APCHA in its Affordable Housing
Guidelines. The APCHA shall not approve any rental if such rental is being made by Owner to utilize
the Restricted Unit as an income producing asset, except as provided below, and shall not approve 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. The rental rate for any such lease
approved by the APCHA shall be the greater of Owner's cost or the monthly rental amount specified
in the Affordable Housing Guidelines for units which were constructed in the year in which the
subject unit was deed restricted at the appropriate income category. Owner's cost as used herein
includes 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) per month and Owner shall also be entitled to require payment of a
reasonable(refundable) security deposit.
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The requirements of this paragraph shall not preclude the Owner from sharing occupancy of the
Restricted Unit with non-owners on a rental basis provided Owner continues to meet the obligations
contained in this Agreement, including Paragraph 11.
15. 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 RESTRICTED UNIT.
16. 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
17. 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 Restricted 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.
18. 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 APCHA 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
19. 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 attorneys'fees.
20. In the event the Restricted 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 Restricted 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.
21. 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 Restricted Unit by Owner as specified in Paragraphs 3, 10, 12, and
13. In the event that a sale is required as a result of a breach of this Agreement, the sales price shall
be calculated in accordance with Paragraph 10, and a qualified bid under Paragraph 10 must be
accepted. The costs of such sale shall be taxed against the proceeds of the sale with the balance
being paid to the Owner.
22. In the event of a breach of any of the terms or conditions contained herein by the Owner, his heirs,
successors or assigns, the APCHA's initial listed purchase price of the Restricted Unit as set forth in
Paragraphs 6 and 7 of this Agreement shall, upon the date of such breach as determined by
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APCHA, automatically cease to increase as set out in Paragraphs 6 and 7 of this Agreement, and
shall remain fixed until the date of cure of said breach.
FORECLOSURE
23. If FNMA-type financing is used to purchase the Restricted Unit, as determined by the APCHA, the
APCHA and the Board may, pursuant to that certain Option to Purchase executed and recorded of
even date herewith,the terms of which are incorporated in this Agreement by this reference as if fully
set forth herein, agree to release and waive their ability to enforce the resale deed restrictions
contained herein, in the event of fore-closure, provided that said Option to Purchase grants to the
APCHA and the Board, as the designee of the APCHA, the option to acquire the Restricted Unit
within thirty(30) days after the issuance of a public trustee's deed to the holder (including assigns of
the holder) of the promissory note secured by a first deed of trust for an option price not to exceed
the redemption price on the last day of all statutory redemption period(s) and any additional
reasonable costs incurred by the holder during the option period which are directly related to the
foreclosure.
In the event that APCHA or the Board, as the designee of the APCHA, exercise the option pursuant
to the terms of that certain Option to Buy, described above, the APCHA and/or its designee, may sell
the Restricted Unit to Qualified Buyers as that term is defined herein, or rent the Restricted Unit to
qualified tenants who meet the income, occupancy and all other qualifications, established by the
APCHA in its Affordable Housing Guidelines until sale to a Qualified Buyer is effected.
GENERAL PROVISIONS
24. Notices. Any notice, consent or approval which is required to be given hereunder shall be given by
mailing the same, certified mail, return receipt requested, properly addressed and with postage fully
prepaid,to any address provided herein or to any subsequent mailing address of the party as long as
prior written notice of the change of address has been given to the other parties to this Agreement.
Said notices, consents and approvals shall be sent to the parties hereto at the following addresses
unless otherwise notified in writing:
To Declarant: Larry Saliterman with copy to: David G. Eisenstein, P.C.
5005 Old Cedar Lake Road 3100 Arapahoe Ave., Suite 400
St. Louis Park, MN 55416 Boulder, CO 80303
To APCHA: Executive Director
Aspen/Pitkin County Housing Authority
530 East Main, Lower Level
Aspen, Colorado 81611
25. Exhibits. All exhibits attached hereto (Exhibits "A", "B" and "C") are incorporated herein and by this
reference made a part hereof.
26. 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.
27. 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.
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28. 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.
29. 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.
30. 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.
31. 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.
32. Personal Liability. Owner agrees that he or she shall be personally liable for any of the transactions
contemplated herein.
33. 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.
34. 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.
35. Owner and Successors. The term "Owner" shall mean the person or persons who shall acquire an
ownership interest in the Restricted 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 Restricted 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.
DECLARANT: ��
By: ( �� atas 7-`2--
Larry Salit-j an, by his Attorney in Fact, David G. Eisenstein
9
STATE OF COLORADO
ss.
COUNTY OF 4); f- Il , )
The foregoing instrument was acknowledged before me this (0 day of June, 1997 by Larry
Saliterman, by his Attorney in Fact, David G. Eisenstein.
Witness my hand and official seal.
;' sion expires: 1 '°2`) /(-)a„ •.`• 1
z€ UN� t•o (�_
•
t.G 0 / i Notary Public•'11
%% 1 TE OF C'rCEPTANCE BY THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY
The foregoing Deed Restriction, Occupancy and Resale Agreement for Units C, D, E, F and G,
Victorians at Bleeker, and its terms are hereby adopted and declared by The Aspen/Pitkin County Housing
Authority.
THE ASPEN/' IN CO ANT OUS • . HORITY
By: ii
.: .'. '� ector
STATE OF COLORADO
ss.
COUNTY OF PITKIN ) /7
-1/11 The foregoing instrument was acknowledged before me this "I day of June, 1997, by David
Tolen the Executive Director of the Aspen/Pitkin Housing Authority.
Witness my hand and official seal.
My commission expires: •?-Or)
(vAic1
if Z; CtNOY i Notary Publi
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to
EXHIBIT "A"
Victorians at Bleeker Restricted Units
Legal Description
Units C, D, E, F and G, Victorians at Bleeker, Pitkin County, Colorado,
according to the Map appearing in the records of the
Coun' Clerk and Recorder of Pitkin County, Colorad
in Plat Book 4 at Page I LQ , as Reception No. l9[003,�
and as defined in the Condominium Declaration for the Victorians at Bleeker,
appearing in such record as Reception No. H-0 LPD 3(p
EXHIBIT "B"
Square
Unit Address Category Size Footage Price
C 124 Garmisch RO 3-Bdrm 1,630 *
D 128 Garmisch RO 3-Bdrm 1,630 *
E 116 Garmisch 4 Studio 530
F 118 Garmisch 4 Studio 545
G 120 Garmisch 4 1-Bdrm 720
*The sales price will be stated in the individual Memorandum of Acceptance for each unit that is required to
be signed by each individual buyer at the time of closing.
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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;
f. Improvements to finish unfinished space; and/or
g. The cost of adding decks and balconies, and any extension thereto.
2. Permitted Capital Improvements as used in this Agreement shall not include the following:
a. Landscaping;
b. Upgrades of appliances, plumbing and mechanical fixtures, carpets, and other
similar items included as part of the original construction of the unit;
c. Jacuzzis, saunas, steam showers and other similar items;
d. Improvements required to repair, replace and maintain existing fixtures,
appliances, plumbing and mechanical fixtures, painting, carpeting and other similar
items;
e. 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.
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