HomeMy WebLinkAboutcoa.lu.su.south Aspen Street.0054.2012 THE CITY CAF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0054.2012.ASLU
PARCEL ID NUMBERS SUBDIVISION
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PROJECTS ADDRESS 0 SOUTH ASPEN SUB
PLANNER CHRIS BENDON
CASE DESCRIPTION EXTENTION OF VESTED RIGHTS - RESOLUTION
REPRESENTATIVE ASV ASPEN ST OWNERS LLC
DATE OF FINAL ACTION 8/28/12
CLOSED BY ANGELA SCOREY ON: 8.28.12
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75
MEMORANDUM
TO: Mayor Ireland and Aspen City Council
THRU: Chris Bendon, Community Development DirectoQL
FROM: Jennifer Phelan, Deputy Planning Director
RE: South Aspen Subdivision/PUD Extension of Vested Rights—Resolution
Series 2012—Public Hearin;
MEETING
DATE: July 23, 2012
APPLICANT/OWNER: PROPOSED LAND USE:
ASV Aspen Street Owners, LLC Currently approved for a free market residential
and affordable housing towiihome development,
REPRESENTATIVE: potentially being proposed as lodging
David Parker, Bald Mountain development.
Development
STAFF RECOMMENDATION:
LOCATION: Approval with conditions.
West side of-South Aspen Street near the
base of Aspen Mountain (approximately SUMMARY:
between Dean and Gilbert). The Applicant requests an extension of their
vested rights for the original townhomes project
CURRENT ZONING chi APPROVED USE commensurate with their pursuit of a lodging
Lodge zone district with a PUD Overlay, project on the same site. Staff is recommending
approved for fourteen(14) fee-market a two-year extension. Staff also recommends
residential units and seventeen (17) City Council "suspend" review of the amended
affordable housing units. townhomes project and authorize submission of a
lodging application. If a lodging project is not
approved, or is withdrawn, the amended
townhomes project would be automatically
revived and continue its review.
LAND USE REQUESTS AND REVIEW PROCEDURES:_
The Applicant is requesting the following land use approval:
• Extension or Reinstatement of Vested Rights to reinstate the vested rights of the
approved residential project, pursuant to Land Use Code Section 26.308.010 C.,
Extension or Reinstatement of Vested Rights. (City Council is final review authority who
may approve or deny the proposal).
P176
PROJECT SUMMARY:
At the July 9" hearing, the Applicant provided an overview of their "Amended Townhomes"
land use application and also discussed the possibility of reconsidering the development of the
site as a lodge. In discussing a lodge scenario and undergoing a land use review process, the
Applicant will need to put the current application on hold and develop a timeline in which to
complete the lodge review.
As part of putting the Amended Townhomes application on hold, a request for an extension of
the existing entitlements is being requested. Currently the "Approved Townhomes" entitlements
(14 free market and 17 affordable housing units on-site) have a vesting period that will expire on
March 1, 2013. As a' result of the upcoming 2013 vested rights expiration date and City
Council's interest in an alternative "Lodge" development, the present owners are proposing an
extension of the existing entitlements to enable further discussion on a potential Lodge
development and land use application.
As part of the resolution for the extension of vested rights, the resolution acknowledges that the
current Amended Townhomes application is to be considered "suspended" during the review of a
Lodge development. In the event a Lodge project is formally denied or withdrawn, the Amended
Townhomes application will become reactivated.
As part of a Lodge application, the Applicant is requesting a compressed review timeline. A draft
timeline is provided below. City Council and the public should expect these dates to be amended
as the project moves forward. Special meetings of City Council may also be necessary.
7/23 City Council: Extension of Vested Rights
8/13 City Council: Sketch Plan review(concurrent with P&Z)
8/14 P&Z: Final PUD review(#1)
8/21 P&Z: Final PUD review(#2)
8/28 P&Z: Final PUD review(0)
9/4 P&Z: Final PUD review(0)
9/10 City Council: Pt Reading, Final PUD review
9/24 City Council: 2nd Reading, Final PUD review(#1)
10/8 City Council: 2nd Reading, Final PUD review(#2)
10/22 City Council: 2nd Reading, Final PUD review(0)
11/12 City Council: 2nd Reading, Final PUD review(#4)
11/26 City Council: 2nd Reading, Final PUD review(#5)
STAFF COMMENTS:
VESTED RIGHTS EXTENSION:
The Applicant is requesting an extension of the vested rights for the original twnhomes
approval. Staff is recommending a "rolling" two-year extension based on pursuit of a lodging
project.
The Applicant is requesting the extension of their vested rights because the Applicant cannot
allow the residential project's vested rights to expire during an alternative review of developing
the site with a lodge. Staff believes that the City would be better served with a hotel at this
P177
location rather than a purely residential development. It is in the City's best interest to add Wits
lodging bedroom base and a master planning process may provide an acceptable community
solution with regard to development at the base of Lift IA. Therefore, Staff believes that the
extension of vested rights would benefit the City by encouraging the Applicant to pursue a lodge
development.
RECOMMENDATION:
Staff recommends that the City Council. approve the requested extension of vested property
rights for the original townhomes project for a period of two-years from the date a lodge
application is either denied or withdrawn.
RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRNIATIVE):
"I move to approve Resolution No.60, Series of 2012, approving an extension of vested
property rights for the South Aspen Subdivision/PUD originally approved by Ordinance No.
32, Series of 200')."
CITY MANAGER'S COMMENTS:
ATTACH11 ENTS
EXHIBIT A—Review Criteria and Staff Findings
EXHIBIT B—Request by Applicant for Extension of Vested Rights, dated 7/6/12
P178
RESOLUTION NO.r�
(Series of 2012)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN
EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO. 321
SERIES OF 2003,FOR THE SOUTH ASPEN STREET SUBDIVISION/PUD
APPROVAL,BEING A PARCEL OF LAND DESCRIBED AS PARCELS 1,2,AND 3,
OF THE SOUTH ASPEN STREET SUBDIVISION/PUD, CITY AND TOWNSITE OF
ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2735-131-39-001 (Parcel 1)
Parcel No. 2735-131-39-002 (Parcel 2)
Parcel No. 2735-131-39-003 (Parcel 3)
WHERE AS, the Community Development Department received an application
from ASV Aspen Street Owners, LLC, represented by David Parker, of Bald Mountain
Development, requesting approval of an amended townhome development relative to the
townhome development approved under the South Aspen Street Subdivision/ PUD
pursuant to Ordinance No. 32, Series of 2003; and,
WHEREAS, during the public hearing process for the amended townhomes plan,
City Council related its interest in seeing a lodge developed on the site, after further
discussion the Applicant has agreed to consider a lodge development on the site; and,
WHEREAS, in pursuing a lodge development the Applicant wishes to preserve
the existing vested rights for the entitled townhome development; and
WHEREAS, City Council adopted Ordinance No. 32, Series of 2003, which
approved a subdivision/PUD and awarded Vested Property Rights status for the
development of fourteen (14) free-market residential units and seventeen (17) affordable
housing units until July 28, 2006; and,
WHEREAS, the statutory vested rights for the project were subsequently
extended via the adoption of City Council Resolution No. 9, Series of 2008, to July 28,
2009, and then via resolution No. 9, Series of 2009, to March 1, 2013; and,
WHEREAS, the subject property is described as Lots 1, 2, and 3, of the South
Aspen Street Subdivision/Planned Unit Development as described on the subdivision plat
thereof recorded as reception number 537080 in Book 83, Page 50, with the Pitkin
County Clerk and Recorder; and,
WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land
Use Code, City Council may adopt a resolution granting an extension of vested rights
after a duly noticed public hearing; and,
City Council Resolution No. ---,
Series of 2012. Page 1
P179
WHEREAS, the Community Development Director has reviewed the application
and has recommended approval of the extension of vested rights for the South Aspen
Street Subdivision/PUD; and,
WHEREAS, the Aspen City Council has reviewed and considered the requested
extension of vested rights for the South Aspen Street Subdivision/ PUD under the
applicable provisions of the Municipal Code as identified herein, has reviewed and
considered the recommendation of the Community Development Director, and has taken
and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the extension of vested rights proposal
meets or exceeds all applicable land use standards and that the approval of the extension of
vested rights proposal, with conditions, is consistent with the goals and elements of the
Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary
for the promotion of public health, safety, and welfare.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN,
COLORADO,THAT:
Section 1•
The Aspen City Council does hereby extend the statutory vested rights as approved by
Ordinance No. 32, Series of 2003, for parcels 1, 2, and 3, of the South Aspen Street
Subdivision/PUD, City and Townsite of Aspen for the South Aspen Street Subdivision/PUD
with the following conditions:
1. This extension is for the sole purpose of enabling the review of an alternative
development plan on this site vis-a-vis lodging, residential, commercial, and
fractional ownership uses. At the time the "Lodge" land use application for this
property is either approved, not approved, or is withdrawn, the vested rights
associated with the "townhomes project" approved pursuant to' Ordinance 32,
Series of 2003, shall remain valid for twenty-four additional months from the
effective date of such action. A six-month period of inactivity shall constitute a
withdrawal of the application.
2. The statutory vested property right shall not preclude the application of
regulations which are general in nature and are applicable to all property subject
to land use regulation by the City of Aspen including, but not limited to, building,
fire, plumbing, electrical and mechanical codes, and all adopted impact fees. The
developer shall abide by any and all such building, fire, plumbing, electrical and
mechanical codes, and impact fees that are in effect at the time of building
permit,unless an exemption therefrom is granted in writing.
Section 2•
Due to the Applicant's voluntary participation in developing an alternative development
plan on this site and its suspension of the current land use application for an amended
City Council Resolution No. ---,
Series of 2012. Page 2
P180
townhome project, City Council considers the amended townhomes application to be
suspended until a lodging project is approved,' denied, or withdrawn by the applicant. At
such time, the amended townhome application shall be considered reactivated to continue in
its review process. The "abandonment of application" provisions of Section 26.304.070.F
shall not apply during this period of suspension.
For the period of suspension of the amended townhomes application, the "no-two-
applications" provision of Section 26.304.030.F shall not apply. An application for an
alternative development plan.on this property for a lodge development may be accepted and
reviewed by the City.
Section 3:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the City Council, are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein,
unless amended by an authorized entity.
Section 4•
This Resolution shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 5•
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 6•
A duly noticed public hearing on this Resolution was held on the 23`d day of July, at 5:00
PM in the City Council Chambers,Aspen City Hall, Aspen, Colorado.
FINALLY, resolved, adopted, passed, and approved by a to _ vote on this
day of 52012.
Approved as to form: Approved as to content:
James R.True,City Attorney Michael C:Ireland,Mayor
Attest:
Kathryn S. Koch, City Clerk
City Council Resolution No. ---,
Series of 2012. Page 3
P181
Exhibit A
EXTENSION OR REINSTATEMENT OF VESTED RIGHTS REVIEW CRITERIA&STAFF FINDINGS
Section 26.308.010.C., Extension or Reinstatement of Vested Rights, of the City Land Use Code
provides that development applications for an extension of vested rights may be approved in
accordance with the following standards and requirements.
1. In reviewing a request for the extension or reinstatement of vested rights the City
Council shall consider, but not limited to, the following criteria:
a. The applicant's compliance with any conditions requiring performance prior to
the date of application for extension or reinstatement;
Staff Finding
The Applicant was required to record the final plat,final PUD plan, and
Subdivision/PUD agreement which is required as part of Ordinance No. 32, Series 2003.
Those docuinentswere recorded on April 25, 2007. Stafffinds this criterion to be met.
b. The progress made in pursuing the project to date including the effort to obtain
any other permits, including a building permit, and the expenditures made by
the applicant in pursuing the project;
StaffFindinp
In addition to recording the necessary plat and associated documents, the Applicant has
submitted an application to amend the existing townhoie configuration, continuing to
pursue some form of townhome development. Staff f nds this criterion to be met.
c. The nature and extent of any benefits already received by the city as a result of
the project approval such as impact fees or land dedications;
Staff Finding
The Applicant, thus far, has paid the a number,of fees associated with the amended
townhome review. Staff finds this criterion to be met.
d. The needs of the city and the applicant that would be served by the approval of
the extension or reinstatement request.
Staff Finding_
Staff believes that the City would be better served with a hotel at this location rather than
a purely residential development. It is in the City's best interest to add to its lodging
bedroom base. Therefore, Staff believes that the proposed extension of vested rights
would benefit the City by encouraging the applicant to pursue a lodge development. Staff
finds this criterion to be met.
Pis 2
HAAS LAND LHHTH9 L., L
July 6,2012
Mr. Chris Bendon,Director
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: Extension of Vested Property Rights for the South Aspen Street Subdivision/PUD
Dear Chris:
On behalf of the owners/applicants for the Amendment of the South Aspen Street Subdivision/PUD
(SAS), we hereby request an extension of the remaining vested property rights as well as approval to
simultaneously process and maintain active two land use applications for the subject property,
namely the currently pending amendment request and a lodge/accommodations development
proposal. The applicants have agreed to discuss and pursue the potential for a viable lodging project
on the subject properties but can only do so with assurance that the vested rights associated with the
2003 townhomes approval(Ordinance No. 32, Series of 2003) will in no way be iii peril, and that the
currently pending amendment application can remain active.
A similar arrangement to that requested-herein was approved by the Aspen City Council pursuant to
Resolution No. 96 (Series of 2009), whereby the Council approved an extension of the vested rights
granted by Ordinance No. 32-2003 for the SAS applicants to pursue a lodge development proposal
through the COWOP process. Under the current request, the applicant desires an extension of the
townhomes project vested rights for the sole purpose of enabling the review of an alternative
development plan on the subject properties vis-a-vis lodging and/or fractional ownership uses. At the
time the "Lodge" land use application is either approved, not approved, or is withdrawn, the vested
rights associated with the "townhhomes project" approved pursuant to Ordinance 32, Series of 2003,
would remain valid for twenty-four(24) additional months from the effective date of such action. If
the "Lodge" land use application is not formally withdrawn, a six (6) month period of inactivity, as
determined by the Community Development Director, would constitute a withdrawal of the
application. These are the same general tears by with the Council granted to 2009 extension for
pursuit of the Lodge COWOP process.
It is respectfully requested that you please schedule a City Council hearing for review of the requests
described hereinabove. Should you have any questions or desire additional information, please do
not hesitate to contact me.
Very truly yours,
Haas Land Planning,LLC
Mitch Haas
Owner/ManAger
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
CC@.i S IT, 4 3 'A i'1 � . S t)�/ T ,Aspen, CO
SCIEDULED PUBLIC HEARING DATE:
20 2—
STATE OF COLORADO )
) ss.
County of Pitkin )
I, Jock i J a c o�� �rcrrx fim L,l,t`d ploin"); (name, please print)
being or representing an Applicant to the City of Aspen, Colorad , hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
X Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fift en(15) days prior to the public hearing
on the 5-"I'kday of J o L U , 20 Z, to and including the date and time
of the public hearing. A Aotograph of the posted notice (sign) is attached hereto.
x Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen(15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred(300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
(continued on next page)
Mineral Estate Owner Notice. By the certified mailing of notice, return receipt
requested,to affected mineral estate owners by at least thirty (3 0) days prior to
the date scheduled for the initial public hearing on the application of
development. The names and addresses of mineral estate owners shall be those
on the current tax records of Pitkin County. At a minimum, Subdivisions that
create more than one lot, Planned Unit Developments, Specially Planned Areas,
and COWAPs are subject to this notice requirement.
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall be
waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen(15) days
prior to the public hearing on such amendments.
Sign ure
The foregoing "Affidavit of Notice"was acknowledged before me this 5 'day
of JuLU , 20012, by Jodi Jad)cWt l
WITNESS MY HAND AND OFFICIAL SEAL
O�• Y'Pveli
:0 . My commission expires: 0-�I 2S J 2015
CHRISTINE i
SOSONKO
.0..** 4.00'•• Notary Public
O
My Caania W E*m 0712511015
ATTACHMENTS AS APPLICABLE:
• COPYOFTHEPUBLICATION
• PHOTOGRAPH OF THE POSTED NOTICE(SIGN)
• LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
• APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24-65.5-103.3
PUBLIC NOTICE
RE: SOUTH ASPEN STREET SUBDIVISION AND PUD-VESTED RIGHTS
EXTENSION
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday,July 23,2012, at a
meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall,
130 S. Galena St.,Aspen,to consider an application submitted by ASV Aspen Street Owners, LLC
(One Post Office Square, #3520, Boston, MA 02109), which is the owner of the subject property.
The Applicant requests an extension of the existing vested rights permitting the development of
the site with their approved development plan of fourteen(14) free-market townhomes and
seventeen(17) affordable housing units. The property is legally described as Parcels 1, 2 and 3,
South Aspen Street Subdivision/PUD and generally located along the west side of South Aspen
Street between Dean and Gilbert Streets. For further information, contact Jennifer Phelan at the
City of Aspen Community Development Department, 130 S. Galena St.,Aspen, CO, (970)429-
2759,jennifep @ci.aspen.co.us.
s/Michael C.Ireland.Mayor
Aspen City Council
0
PUBLIC NOTICE
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ALYEMENI ALICE APRIL FAMILY TRUST ASPEN SKIING COMPANY LLC
3109 OAKMONT DR 3501 S 154TH ST PO BOX 1248
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BARBEE MARY K LIV TRUST BECKLEY KATHERINE BERHORST JERRY&CAROLE
625 SKYLINE DR 2 COLUMBUS AVE#5-C 7161 LINDENMERE DR
CODY,WY 82414 NEW YORK, NY 10023 BLOOMFIELD HILLS, MI 48301
BIEL ALEXANDER L BILLINGSLEY BOYCE W TRUST BRENNAN JOHN PATRICK
381 LOVELL AVE 1206 N WALTON BLVD 31 TRAINORS LANDING
MILL VALLEY, CA 94941 BENTONVILLE,AR 72712 ASPEN, CO 81611
BRETTMANN KILLEEN BRIGHT GALEN BROWN JAMES R JR
38 TRAINORS LANDING 407 S HUNTER ST#3 195 HUDSON ST#413
ASPEN, CO 81611 ASPEN, CO 81611 NEW YORK, NY 10013
BRYAN HELEN BUSH STEVEN S CABELL JOE
2011 LAKE SHORE DR 0046 HEATHER LN C/O THE CHART HOUSE WAIKIKI
AUSTIN,TX 78746 ASPEN, CO 81611 1765 ALA MOANA BLVD
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CAIN DOUGLAS M CASPER MARY LYNN CHAPIN ANZLE TRUST
CAIN STANCE MOFFIT TRUSTEES 124 E DURANT#4 1887 STILLWATER ST
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1960 HUDSON ASPEN, CO 81611 ST PAUL, MN 55110-8507
CHAPLIN ARLENE&WAYNE CHART HOUSE PROJECT OWNER LLC CHETNER PARTNERSHIP LP
54 LAGORCE CIR 0115 BOOMERANG RD#5201 B 200 1010 8TH AVE SW
MIAMI BEACH, FL 33141 ASPEN, CO 81611 CALGARY ALBERTA T2P 1J2,
CHIATE PROPERTIES LLC CHILES DWIGHT CHRISTENSEN CINDY
20628 ROCKCROFT DR 113 JUAN ST 109 JUAN ST
MALIBU, CA 90265-5342 ASPEN, CO 81611 ASPEN, CO 81611
CHU FAMILY TRUST CITY OF ASPEN CONNOLLY MICHAEL M&ASHLEY
42 HILLSDALE DR ATTN FINANCE DEPT 48 TRAINORS LANDING RD
NEWPORT BEACH, CA 926604234 130 S GALENA ST ASPEN, CO 81611
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COPE SHADOW MOUNTAIN LP CROW MARGERY K CYS RICHARD L AND KAREN L
419 WINNEBAGO DR 46103 HIGHWAY 6 5301 CHAMBERLIN AVE
JANESVILLE,WI 53545 GLENWOOD SPRINGS, CO 81601 CHEVY CHASE, MD 20815
CZAJKOWSKI MICHAEL DAYBREAK ASPEN LLC DOLINSEK JOHN 50%
CZAJKOWSKI SANDRA J 22 PERKINS RD 619 S MONARCH ST
90 LA SALLE ST APT 16G GREENWICH,CT 06830 ASPEN, CO 81611
NEW YORK, NY 10027
DONCER ASPEN LP DUNN STEVEN G EAST JAMES COLLIER TRUSTEE
9651 W 196TH ST 107 JUAN ST 2 LONGFELLOW LN
MOKENA, IL 60448 ASPEN, CO 81611 LITTLE ROCK,AR 72207
ELDER TRUST ELLIS JAMES BYRON ELLIS PAUL DAVID
ELDER JERRY TRUSTEE 17 1/2 FLEET ST 100 E DEAN ST #2F
PO BOX 308 MARINA DEL REY, CA 90292 ASPEN, CO 81611
LA JOLLA, CA 92038-0308
EVANS DAVID COURTNEY FALL CREEK CONSTRUCTION LLC FARR BRUCE K&GAIL H
PO BOX 952 PO BOX 648 PO BOX 4844
ASPEN, CO 81612 SHARON, CT 06069 ANNAPOLIS, MD 21403
FAULKNER JOHN L FLETCHER JAY R FOUR JLM LLC
2433 ROCKINGHAM ST PO BOX 3476 101 DESTIN LN
ARLINGTON,VA 22207 ASPEN, CO 81612 RIVER RIDGE, LA 70123
FREIRICH MARK A FRIEDKIN THOMAS H&SUSAN J GALAS THOMAS E&PATRICIA A
PO BOX 774056 PO BOX 1116 10706 BRIDGE HOLLOW CT
STEAMBOAT SPRINGS, CO 80477 RANCHO SANTA FE, CA 95067 DALLAS,TX 75229
GARMISCH LLC GERBER ANDREW GILBERT DONALD C 2004 TRUST
C/O MIE PROPERTIES 201 N MILL ST #201 67 TURTLE BACK RD S
2560 LORD BALTIMORE DR ASPEN, CO 81611 NEW CANAAN, CT 06840
WINDSOR MILL, MD 21244
GILLESPIE JOHN E REV TRUST GINSBURG ANNE C&ROBERT B GLENOCK INVESTMENTS LLC
775 GULFSHORE DR #4219 4010 NW 10TH ST PO BOX 207
DESTIN, FL 32541 DELRAY BEACH, FL 334451929 ASPEN, CO 81612
GOLDSMITH ADAM D GREGORY NEIL MARTIN&LYNETTE GREINER JERRY M&TERESA U
SMITH RONA K 1801 PITTWATER RD 323 HOLMECREST RD
PO BOX 9069 MONA VALE NSW 2103 JENKINTOWN, PA 19046
ASPEN, CO 81612 AUSTRALIA,
GROOS NICHOLAS D 40% GSJ CAPITAL LLC 50% H2 ASPEN LLC
210 N INDUSTRIAL PARK RD N57 W30614 STEVENS RD 501 ALLIS RANCH RD
HASTINGS, MI 49058 HARTLAND,WI 53029 SEDALIA, CO 80135
HANG TEN ADVENTURE HANSEN JULIA HARRIS NORMAN LINDSAY JR
2305 CANYON BLVD#200 255 SEASPRAY AVE 232 CLIPPER PL
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100 E DEAN ST 3C 3310 KINGSLEY CT 21 TRAINORS LNDG
ASPEN, CO 81611 PEBBLE BEACH, CA 93953 ASPEN, CO 81611-1652
HOLLY TREE INVESTMENTS LLC HOTEL DURANT IAVARONE GIANFRANCO&RITA
4823 HOLLY TREE DR 122 E DURANT 341 ORIENTA AV
DALLAS,TX 75287 ASPEN, CO 81611 MAMARONECK, NY 10543
ICAHN LIBA IMHOF FAMILY TRUST IMREM SUE GORDON TRUSTEE
PO BOX 11137 2409 GREEN ST 219 E LAKE SHORE DR#5D
ASPEN, CO 81612-9627 SAN FRANCISCO, CA 94123 CHICAGO, IL 60611
JAMES FAMILY TRUST JOHNSON KERRI &DEREK JOHNSTON MARGARET S 9.87%
1 CASTLEWOOD CT 117 JUAN ST #1 30 DEXTER ST
NASHVILLE,TN 37215-4617 ASPEN, CO 81611 DENVER, CO 80220
JRD 2004 IRREV TRUST JUAN STREET HOA KABERT INDUSTRIES INC
510 BERING DR#455 119 JUAN ST PO BOX 6270
HOUSTON,TX 77057 ASPEN, CO 81611 VILLA PARK, IL 60181
KAPLAN BARBARA KAUFMAN STEVEN TRUST&HARLOW KINGSBURY FAMILY TRUST
3076 EDGEWOOD RD VIRGINIA TRUST PO BOX 198
PEPPER PIKE, OH 44124 0554 ESCALANTE HOLDERNESS, NH 03245
CARBONDALE, CO 81623
KLINDWORTH J TODD&HEATHER KOSTER DEREK N KUHLMAN CARI D&JEFFREY W
PO BOX 25318 100 E DEAN ST #2E 58 TRAINORS LANDING
ST CROIX VI 00824, ASPEN, CO 81611 ASPEN, CO 81611
KULLGREN NANCY A LACY ROANE M JR&ANN MINYARD LARKIN THOMAS J&MARYANN K
205 E DURANT AVE UNIT 2-C PO BOX 367 1 SHELDRAKE LN
ASPEN, CO 81611 WACO,TX 76703-0367 PALM BEACH GARDENS, FL 33418-6820
LEONARD-PECK SHEILA KATHRYN LEVY HELEN JOAN TRUST LIFT ONE 105 LLC
PO BOX 375P 421 WARWICK RD 105 S CHEROKEE ST
VINEYARD HAVEN, MA 02568 KENILWORTH, IL 60043-1145 DENVER, CO 80221
LIFT ONE CONDOMINIUM ASSOC LIFT ONE LLC 72.40% LOCHHEAD RAYMOND R& EMILIE M
131 E DURANT AVE 24 LINDENWOOD LN 200 SHERWOOD RD
ASPEN, CO 81611 LITTLETON, CO 80127 PASO ROBLES, CA 93446
LU NANCY CHAO TRUST LUNDHOLM KERSTIN M MACDONALD KENNETH HUGH REV
38 CORMORANT CIR 115 JUAN ST TRUST
NEWPORT BEACH, CA 92660 ASPEN, CO 81611 44 W HANNUM
SAGINAW, MI 48602
MACHUCA EDGAR F MAGES LAWRENCE M&MARY K 84% MANDICH ROBERT M
11 TRAINORS LANDING 216 LINDEN AVE PO BOX 1230
ASPEN, CO 81611 WILMETTE, IL 60091 CRESTONE, CO 811311230
MARK KENNETH A MATZORKIS NICHOLAS J&SUSAN P MCKENZIE BART B&PAIGE PARAVANO
10 KATH CT 2600 SCENIC DR 4840 30 YR ST NORTH
SAYVILLE, NY 11782 AUSTIN,TX 78703 ARLINGTON,VA 22207-2716
MCNAMARA CHRISTIANE J TRST MEEPOS PENNY KELEN 1996 LIV TRUST MONIGLE ETHEL M
117 WIND HILL RD 2999 OVERLAND AVE#130 803 S GARFIELD ST
DORSET,VT 05251 LOS ANGELES, CA 90064 DENVER, CO 80209
MORADA VENTURES INC MORGAN MICHAEL L MULKEY CHRISTOPHER IRR TRST
866 S DIXIE HIGHWAY 115 JUAN ST 1340 W HENDERSON ST#2W
CORAL GABLES, FL 33146 ASPEN, CO 81611 CHICAGO, IL 60657
MULKEY JOHN IRR TRST MURRAY DENIS NOBLE GUY T
8913 PLAYERS CLUB DR PO BOX 3770 PO BOX 9344
LAS VEGAS, NV 89134 ASPEN, CO 81612 ASPEN, CO 81612
NOREN LARA L 75% NORTH LAUDERDALE PETROLEUM LLC OLSON PAUL S&DIANE C
11211 FONTHILL DR 6318 23RD ST NW PO BOX 128
INDIANAPOLIS, IN 46236-8630 BOCA RATON, FL 33434 BRECKENRIDGE, CO 804240128
ONEAL PROPERTIES LLC PASCO PROP LLC PATERSON JOHN
8100 E CAMELBACK RD#31 SMITH PATRICK A 88 GRANGE RD
SCOTTSDALE,AZ 85251-2773 360 SOUTHFIELD RD SANDRINGHAM
BIRMINGHAM, MI 48009 MELBOURNE VICTORIA AUSTRALIA
3191,
PIECE OF THE PIE LLC PINES LODGE CONDO ASSOC PINES LODGE DEVELOPMENT LLC
PO BOX 2492 152 E DURANT AVE 2353 IRVINE AVE
ASPEN, CO 81611 ASPEN, CO 81611 NEWPORT BEACH, CA 92660
RINGSBY GRAY ROARING FORK MTN LODGE ASPEN LLC ROARING FORK PROPERTIES
PO BOX 1292 PO BOX 6237 N 9242 SOUTH SHORE DR
HAIKU, HI 96708 SNOWMASS VILLAGE, CO 816156237 EAST TROY,WI 55120
ROBERT FAMILY TRUST ROBLES ENRIQUE ALVAREZ ROSE JON E&RITA L
ALVAREZ CRISTINA
771 FERST DR MONTES URALES 350 LOMAS 333 TRISMEN TERR
ATLANTA, GA 30332-0245 WINTER SPRINGS, FL 32789
CHAPULTEPEC MEXICO DF MEXICO
11000,
ROTMAN KENNETH B RUDERMAN ERIC P&MIMI E RYAN ELIZABETH H
22 ST CLAIR AVE EAST#1700 1536 OGDEN ST 419 WINNEBAGO DR
TORONTO ONTARIO CANADA M4T 253, DENVER, CO 80218-1406 JANESVILLE,WI 53545
S C JOHNSON AND SON INC SCHAINUCK LEWIS I &MICHELLE T SCHAPIRO MARC&PATRICIA
TAX DEPT 412 1221 W COAST HWY#201 1685 TAMARAC DR
1525 HOWE ST NEWPORT BEACH, CA 92663 GOLDEN, CO 80401
RACINE,WI 53403
SCHAYER CHARLES M III SCHERER ROBERT P TRUST SCHUMACHER JUDY M
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DENVER, CO 80231 ASPEN, CO 81611 ASPEN, CO 81611
SEVERY FAMILY TRUST 70.39% SEVERY RICHARD L 9.87% SHADOW MTN AERIE PTNRSHP LLP
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HUNINGTON BEACH, CA 92646 DENVER, CO 80220 LARCHMONT, NY 10538
SHEFFER DOUGLAS&BARBARA SHENK ROBERT D SHINE FAMILY LLC
PO BOX 2763 0326 HWY 133, STE 130 8677 LOGO 7 COURT
BASALT, CO 81621 CARBONDALE, CO 81623 INDIANAPOLIS, IN 46219-1430
SILVER SHADOW AKA 651 MONARCH SILVERMAN MARC A&MARILYN L SIMON HERBERT REV TRUST
CONDO ASSOC 937 DALE RD 8765 PINE RIDGE DR
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SKY BLUE LLC 27.60% SLOAN SUSAN MARIE SM-15
5743 CORSA AVE#101 500 S ORANGE AVE 45000 S WOODLAND
WESTLAKE VILLAGE, CA 91362 SARASOTA, FL 34236 CHAGRIN FALLS, OH 44022
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205 E DURANT AVE#2F 150 N MARKET PO BOX 1499
ASPEN, CO 81611 WICHITA, KS 67202 CARBONDALE, CO 81623
SOUTHPOINT-SUMNER CORP SPACCARELLI SELMA I SPAULDING RICHARD W&THOMPSON
3940 7TH AVE#212 300 S POINTE DR#2403 ELEANOR M
SAN DIEGO, CA 92103 MIAMI BEACH, FL 33139 200 WHEELER RD FL 2
BURLINGTON, MA 018035501
SPRING LANE INVESTMENTS LLC STANTON JAMES STARK RENEE A
8 OAK LAKE DR C/O WORLD-WIDE HOLDINGS CORP 205 E DURANT AVE APT 1 D
BARRINGTON, IL 60010-5914 950 THIRD AVE 18TH FL ASPEN, CO 81611-3813
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STONE FAMILY TRUST STRAWBRIDGE GEORGE JR STUART FAMILY TRUST
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MILL VALLEY, CA 94941 WILMINGTON, DE 19807 NASHVILLE,TN 37215-4617
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131 E DURANT AV#409 315 E HYMAN AVE#305 W301 N9430 COUNTY ROAD E
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TELEMARK APARTMENT 2 LLC TELEMARK ASPEN LLC THREE REEDS LLC
20351 NE 61 ST CT 55 SECOND ST 2224 VIA SEVILLE RD NW
REDMOND,WA 98053 COLORADO SPRINGS, CO 80906 ALBUQUERQUE, NM 87104-3096
TOWNE PLACE OF ASPEN CONDO TUCKER TIMOTHY H &PATRICIA A TYDEN FAMILY FARMS PTNP 60%
ASSOC INC 809 S ASPEN ST 1730 IROQUOIS TR
C/O ASPEN LODGING COMPANY ASPEN, CO 81611 HASTINGS, MI 49058
747 S GALENA ST
ASPEN, CO 81611
UHLFELDER FAMILY INVESTMENTS UNIFIED CREDIT TRUST VANDER WALL DEAN ROBERT&
RLLP 300 S POINTE DR#2403 BEVERLY J
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THICKMAN DAVID 1221 MYRTLE AVE PO BOX 339
152 E DURANT AVE SAN DIEGO, CA 92103 HOPE, NJ 07844
ASPEN, CO 81611-1737
WOODSON TATJANA REV TRUST WOW LIFT ONE LLC WRIGHT LISA
PO BOX 1845 3225 ELK CANYON CIR PO BOX 3770
WILSON,WY 83014 SEDALIA, CO 80135-8573 ASPEN, CO 81612
WWSP3G LLC YEWER ELISABETH B YOMAC MANAGEMENT LIMITED
PO BOX 4290 6259 HWY 83 410 GILES BLVD E
ASPEN, CO 81612 CHENEQUA,WI 53029 WINDSOR ONTARIO CANADA N9A4C6,
ZEFF CAPITAL LP
555 E DURANT AVE
ASPEN, CO 81611
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE
ADDRESS OF PROPERTY: 'I
S • ,P�-� S I' , Aspen, CO
CH DULED PUBLI HEARING DATE:
20L2.-
STATE OF COLORADO )
ss.
County of Pitkin )
1, 24 f i fl (name, please print)
being or representin an Applicant to the City of Aspen, Colorado, hereby personally
certify that 1 have complied with the public notice requirements of Section 26.304.060
(E),of the Aspen Land Use Code in the following manner:
P Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15) days prior to the public hearing
and was continuously visible from the day of , 20_, to
and including the date and time of the public hearing. A photograph of the posted
notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
(Continued on next page)
Rezoning or text amendment: Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall be
waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen(15) days
prior to the public hearing on such amendments.
Signature \.
The for oing "Affidavit of Notice" was acknowledged before me this day
of , 20&2,by
P iwi it NOTICE
RE: SOUTH ASPEN STREET SU13D1��ON ITNESS MY HAND AND OFFICIAL SEAL
AND PUD-RESIED RIGNTS EXTENSION _ .
meet-
NOTICE IS HEREBY GIVEN that 2012,at a t-
will be held on Monday,
'a the Aspen City
ing n begin at 5:00,p
Council,City Coung,Chambers, an Hall,130 S. - My c mission expires. Q
Galena St.,Asper,to consider an application ,
submitted by ASV(+span Street Owners,LLC(One .O
Post Office Squafl',#3520,Boston,op rty.Th 02109), 1r \P`
which is the owner of the subject property.The 4: y
Applicant requests an extension of the existing O
vested rights permitting the development of the site V
with their approved development plan of fourteen
(14)free-market townhomes and seventeen(17) u
P
L ..«w y Public
affordable housing units.The property is legally r U
described as Parcels 1,2 and 3,South Aspen s TE
Street Subdivision/PUD and generally located
along the west side of South Aspen Street
between Dean and Gilbert Streets.For further
information,contact Jennifer Phelan at the City of
Aspen Community Development Department,130
S.Galena St.,Aspen,CO,(970)429-2759,
•in-f; Zci asoen co.us.
r y Michae�CMay-OW
Published in the Aspen Times weekly on July 5, ATTACHMENTS AS APPLICABLE
i 2012. [61°9966) 'UBLICATION
r.ninTnnF
* � IOTOGRAPH OF THE POSTED NOTICE (SIGN)
* LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED
BY MAIL
* APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24-65.5-103.3