Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
coa.lu.co.310 S Spring St.0073.2010.ASLU
THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0073.2010.ASLU PARCEL ID NUMBERS R017469 — RO17470 PROJECTS ADDRESS 310, 312, 314 SOUTH SPRING ST PLANNER JENNIFER PHELAN CASE DESCRIPTION PLAT MAP FOR CONDO REPRESENTATIVE SHERMAN & HOWARD, LLC DATE OF FINAL ACTION 12.7.12 CLOSED BY ANGELA SCOREY ON: 7/2/13 0073 • 2010 • FjsL_ EiW Edit gead Navigate- Form Repa•ts Format Tab Heo Clear Rotting Status Feej (Fee 5ummag I ft I Action Attachments I Routirg History Valuation Arch f Eng Custom F06 Sub Permits 1 F i Addt 310,312,314,SOUTH SPRING ST E Cky ASPEN —� State FO__, zo 81fi11 ••• i Pam*kh mabon Master permit Routiry quoit Ap* f i t I F Pro • Status Approved JW I Desuip m CONDOMINIUMIZATION-PLAT MAP I Final JW l 5bnitted IDIANA ETTLINGER 925 6300 Clock Days. Expires 11 M 412011 � Submitted via Owner i Last name NLLIAMS First name . Phone ®® Address Appkant ❑Owner is applicant? ❑Contractor is applicant? Last name BELL MOUNTAIN � First name Phone Cust# 28931 Address I Lender Last name ••• First name ! i Phone ( ) Address j ! i Displays the permi lenders address AspenGW5(server) xgelas Edit 1 of 1 Ck- (0 �z a Lt aq, v- egg-7"? I �� 12/7/12 Case number 0073.2010.ASLU is deemed abandoned per section 26.304.070 (F), Abandonment of application. Last correspondence was in June 2011. Jennifer Phelan Deputy Planning Director Jennifer Phelan From: Jennifer Phelan Sent: Friday, June 03, 2011 10:48 AM To: 'Ettlinger, Diana Godwin' Subject: Bell Mountain Condo plat status Hi Diana:Just checking in the status of the condo plat. I know you were working with APCHA the last time we spoke. Thanks for the update. Have a good weekend,Jennifer Jens fer Pheta4,v,AICP Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com MEMORANDUM TO: Jennifer Phelan, Community Development FROM: Cindy Christensen, Housing DATE: December 17, 2010 RE: BELL MOUNTAIN LODGE REQUEST FOR CONDOMINIUMIZATION OF EMPLOYEE HOUSING UNITS ISSUE: The applicant is requesting approval to amend a plat to further condominiumize the employee housing units at Bell Mountain Lodge—Units 310, 312, 314, 316 and 318. BACKGROUND: The project consists of two free-market residences and five deed-restricted units. Currently, the deed-restricted units are owned by the homeowner association. The applicant would like the five deed-restricted units to be condominiumized to allow for separate ownership of the employee dwelling units. Tom Smith, legal counsel for the Aspen/Pitkin County Housing Authority (APCHA), was asked to provide input on the request. The comments have been made in conjunction with the units remaining rental units to qualified employees and not ownership units by qualified employees. At such time an owner would want to change the use from rental to ownership by a qualified employee, APCHA would need to readdress other major issues. Currently, the deed restricted units are out of compliance. All tenants are required to be qualified prior to occupancy and every two years after that. None of tenants have obtained such approval. Due to this noncompliance issue, APCHA would recommend that the request for further condom iniumization be denied until such time the units are brought into compliance. RECOMMENDATION: Staff is recommending denial of the request until such time the units are brought into compliance. Once the units are brought into compliance, Staff would recommend approval with the following conditions suggested by APCHA's legal counsel: - - - - - - - - 1. At the present time, there are two sets of covenants. Due to the nature of the deed-restricted units remaining rental units, there should be one set of covenants and one homeowner association, regardless of further condom iniumization. If the owners would request to change the nature of the units to ownership by qualified employees, APCHA would recommend further review with changes in the deed-restriction and the HOA documents. 2. The approval needs to be clear that the five deed-restricted units remain rent-controlled. Category 2 rental units regardless of ownership. 1 3. The covenants need to recognize and protect the interests of the tenants under t restriction and the Aspen/Pitkin County Employee Housing Guidelines. he deed 4. The deed restriction may need to be updated to be consistent with current requirements. q ents. 2 FIRST AMENDMENT TO CONDOMINIUM EXEMPTION MAP OF BELL MOUNTAIN QUALIFIED RESIDENCES CONDOMINIUMS AREA RESERVED FOR QUALIFIED RESIDENCES ACCORDING TO THE CONDOMINIUM EXEMPTION MAP OF BELL MOUNTAIN RESIDENCES CONDOMINIUMS CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 1 OF 2 .N.W ALL CEONCOM THESE PRESENTS MAT TIE UNDERSGNED,BEING TIE OWNER IN FEE ME PURPOSE OF THIS TIOreSTp�ENDMNT",A TO SAND 5A UNIT A AND UNIT B ACCORDING TO THE COMOWNIUM MAP RECORDED INNPLAT SON 544 AT PAGES 6�0 Er SED. NI 0.2A.JP.4A AND 5A. UNDO RESIDENCES NO, 7427 AND ME DECLARATION FOR BELT MOUNTAIN MADUFFM EEI CLERK AND RECORDER OFLPITKIN COUNTY. OE ADD WHCH REAL ED ESTATE IS ICE OF IMPROVED WITH CONDOMINIUM UNITS A AND D. AS BY THESE PRESENTS SUBOIAOED UNITS A AND B INTO UNITS A.2A,SA.4A AND 5A.AS SHOWN AMC NOTED HEREON,PURSUANT TO AMC FOR THE PURPOSES STATED IN SAID CONDOMINIUM DFCLMATION FOR THE BELL MCUN N QUALIFIED RESIDENCES CONDOMINIUMS RECORDED OCTOBER 19,2000 AT ,1 RECEP ED R O 8077 AND ME FIRST AMENDED DECLARATION FOR BELL MOUNTMN MAE ESOENCES CONOMINIUMS RECORDED AT RECEPTION N0. ME OFFICE OF ME CLERK AND RECORDER OF PITKIN COUNTY,COLORADO. i EXECUTED THIS DAY O________.20__ OMER.BELIMI OUNUAIN OCALIFIED CONDOMINIUM ASSOCATOH,LLD,A — — _ I I B L E t BY'. _-- _----------------------- JAMES vALER10.MANAGER _______ _____ FIST ITYMAN AyEN„E I t ryrro' .vnY1 STALE W COLOUDO ) _._._.— �_ _...—.. n�Uy e si 9 �W Nn tc wlERgcn and COUNTY OF PMN J)SS. ! KF ,WpH�4ON OF 4511E THE FONEGONG CERTIFICATE WAS ANNOMYEDGED BEFORE ME THIS DAY OF - - �y •-Inm F 2010.BY JAMES VALERIO MANAGER ON BEHALF OF BELL MWNTq'N7 W-APIFlED RES DENCES CONDOMINIUM ASSOCIATION,LLC,A COLORADO LIMITED LIABILITY I F VI NITY MAP WN RmA NY WMESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES.____— —____________--______— �}\j NOTHe NOTARY Fm1716--------------- " " " " ° " " ��/\\fU 1)DATE OF 9 RWY: AUGUST.2D10. 21 DATE O PREPARATION: AUGUST-OCTOBER,W BASS OF BEARING: S 75V9'I I'W SETNEEN THE iSOUMEAST CORNER OF LOT I,A _ I N II oUSe Ipe°IeC FOUND/�REBAR AND E SOUTHWEST COWER OF LOT 1,A FOUND S A LS JI �I{'� COLA monMlmM on., UCH IS CONSISTENT WITH TH E RECORDED RAT OF M AR ME UNDERSIGNED.A DULY AUTHORIZED REDP pE TMNTATK OF SiEWARi TIr1E COMPANY A - � 2! -- —'Y"�- -�-- b �--- BONBON tr U.D.. E B MOUNTAIN TipE INSURANCE ITE COMPANY ORGANIZED A ORIZES TO DO BUSINESS IN T EDE O d nL Fr �(n�If TIRE INSURANCE COOS O COLORADO DOES TO DOY CERTIFY THAT TILE TO �A_ € w S 9508'1 f'S V'`200.99' Fawb I d)BASS OF SURVEY: NOTICE IU CORRECTION OF CLERICAL TIME CONDOMINIUM AN THE RRSTEAMENDMENT M CONDOMINIUM EXEMPTION MAP BELL MOUNTAIN QUALIFIED �g '-- - --- 4)BA IS SUIR IN CONDOMINIUM MAP RECEPTION RESIDENCES CONDOMINIUMS SHOWN ON THIS MAP.IS l4STED IN E BELL MOUNTAIN Io µS0899.ME CONDOMINIUM EXENPTION QUALIFIED RESIDENCES CONDOMINIUM ASSOCIATION.LLC,A COLORADO LIMiµDUMILIFY IR KKI AP OF BELL MOUNTAIN MAAU IED RESIDENCES CONDOMINIUMS RECEPTION 1447427,THE `OAPY, D E NO CLEAR OF t LIONS, A ES ENCUMBRANCES Pi AS O C UM EXEMPTION M 0 BELL MOUNTAIN RESIDENCES CONDOMINIUMS RECEPTION FOLLOWS °e µI742. RECORNO PLAT O BELL MOUNTAIN sUBOASON&P.U.D.RECEPTION ° R 230640.M D SUBONSCH MONUMNIS,AS SHOWN AND vAR1OU5 DOCUMENTS OF AM—Aar., 5)BASS O EVATION: THE 1998 CITY Of ASPEN-DRE%EL BARREL CONTROL DATUM WHICH WNICH ESTABL AN ELEVATON OF 7720.68'(NAVD 1888)ON ME NOS STATION"S --_____________--------------------- n WINCH IS BASED ON THE sWMNOL CORNER CERTIFIED MI5__.______DAY OF____ _________�q.D.20__ ° e SHED A PRO.IECT BENCHMARK Di 7830.d8 ON __—___—___ ( L M n OF.1 I,AS SHOWN. SMIART TITLE COMPANY ; u mlxaN— )E MIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BT SOPRIS ENGINEERING,LLC _ s I ( )TO DETERMINE OWNERSHIP OR EASEMENTS O RECORD. FOR ALL INFORMATCN BY._ R(BASIS OR BBARINO) 0099 _ —— EGAROING EASEMENTS,RIGHTS O WAY AND/OR TEE O RECORD,SE RELIED UPON iH ABOVE SAID PLATS DESCRIBED IN NOTE 4 AND ME RE COMMITMENT PREPAREO BY ttravo pi WexMx ff y .S Ram STEWMT TITLE COMPANY.WITH AN EFFECTIVE DAZE OF—FIR 4,2010.ORDER NO E STMT[OF COLORADO J)BS � FWO'mrr ax9MOnW 9J2803. COUNTY OF PITKIN -._._._.—..._ _EAST GODFER AVEN,E ..J._.—._.—._._._._...— CATE WAS AN FOR ME THIS_ _DAY OF (7s7o'.WM.'r-o'-pA✓1—. —...—.-.—._._ _..._.�.—._._._. _ ... S THE FOREGOING CERTIFICATE NOWI.EDCEO BEFORE Uee wined GPS 1) ME BELL MOUNTAIN QUALIFIED RESIDENCES CONDOMINIUMS ARE SUBJEM TO all _ 2010 BY - AS d °' NATTERS SHOWED ON HE FINAL PLAT OF RM-MOUNTAIN SEBNASON a PU.O.RE 1998 TMAT BOOK 47 PAGES 32 WIMESS My HAND AND OFFICIAL sEAL. A--- S-4... OCraefR 23, CORDED 2 THE BELL MOUNTAIN RESIDENCES CONDOMMIUMS ARE SUBJECT TO THE TERMS AND CON NY COMMISSION EXPIRES I RECDRDEDSUOF THAT RECEPTION N..447428 AGREEMENT PROVIDES FOR ACCESS AND UTILITY cor ed one In. EASEMENTS FOR THE BENEFIT O BELL MOUNTAIN QUALIFIED RESIDENCES CONDOMINIUM tt'S N« a ASSOCIATION. NOTARV C'CBLIC �'i W%RRpui^pI a NETS,,4 AND 5 OF ME BELL MOUNTAIN WALIFIED RESONCES CONDOMINIUMS F wAO r+' 0 MUM %EMPTON NAP REL ftDED SEPTEMBER 27,2000 IN PLAT BOOK 5d AT PAGES 60-64 RNAIN IN EFFECT AND ARE NOT HEREBY AMENDED.IAN OMMUN TT OEKLOPMENi_APyBgVAL I ' I 7.15000 TI 5P FI15T AMEMOOEMMNI TO CONDOMINIUM EXEMPTION MAP OF BELL MOUNTAIN WALIFIED PEORY COMMUNITY CONDOMINIUMS WAS PROVED BY ME CITY W ASPEN DEPARTMENT OF COMMUNITY DEVELOPMENT MIS_______DAY OF______—N SHEET INDEX CONMUNITV DEVELOPMENT ONECipx 1) FX7FRlOR BOUNDARY-CERTIFICATES Ic MARK S.BECKLERCA REGISTERED LAND SURKTOR,DO HEREBY CERTIFY iHq MAW 2J GARDEN LEVEL PLAN NEW AMENDMENT r0 CONDOMINIUM EXEMPTION MAP OF KEE W I HAW QUALIFIED RESIDENCES CON 'AWNS VERTICAL BOUNDARIES OF EACH UNIT ON AN L E LO O WEER S AP OVAL TMWIM REFERENCE TO ESTABLISHED DATA)O ME FORIZONTAL BOUNDARIES OF ACHCUNIT� AMENDMENT TO CONDOMINIUM EXEMPTION MAP OF BELL MOUNTAIN WALIFIED LOCATON 0,OMER FEAMFES�All MACLURAIFLY gIMUIOEDL RFCT«T ELEMENTS,TIER B TIE MAT RHESDEINCES LOJDONNIUMS,SHOWN HEREON APPROVED BY THE CITY ENGINEER OF THE SAME ME BASED ON FIELD ILIWXS PERFORMED UNDER MY SUPFRASION CLERK E CITY O ASPEN THIS------- a -----_------20__ GRAPHIC SCALE DECEMBER,1999,JANUARY-MARCH,2000,AUGUST 2010;THAT MIS CORD NIUM MIS FIRST AMENOMN1UM5 IS ACOttIMUM EXEMPTION MAP OF BELL MOUNTAIN WALIFIED ExNPnO MAP MEETS ME REWIREMNTS OF A LAND SURVEY PEAT AS SET F TH IN CRS RESIDENCES ONDOM PIED FOR FILING IN THE OFFICE O THE CLERK AND ----------------- SECTION 3R-51-106;aN0 THAT MIS CCMDaAINIUM fxEMPTON MAP ON TAIrvS L OF THE RELORDEF O PITKIN CWNtt,COLORADO AT______O'CI.OLK----.M,. Ttx INFORMATION REIXNFED BY CRS SECTION M-33.3.209 O ME COLORADO COMM _------OAT OF_____________�20_,IN PLAT BOOK______ TTPAGES CITY ENGINEER M FEN ESL OWNERSHIP ACT ME CONTROL PRECISION IS GREATER THAN 1 IN 10, ------ RECEPTIOV N0. Feel) RECORDED EASEMENTS,RIGHTS-OE-WAY n PRESTRICMENT SHOWN HEREON By STEW ART ARE 1 men 4R Ht ME SAME AS THOSE SET FORM IN ME ART TITLE MIM COUNTY CLERK AND RECORDER - COMPANY ORDER N°.832903 EFFECTW DATE NOWNBER 4,2010. SOPRIS ENGINEERING — LLC - re,PLS—YZee7a---------—"--- MARK s.BEa<Lf CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 DATED--------—------20__ CARRONDALE, COLORADO 81623 ..� (970) 704-0311 Jennifer Phelan From: Cindy Christensen [Cindy.Christensen @ci.aspen.co.us] Sent: Wednesday, December 15, 2010 4:34 PM To: Jennifer Phelan Subject: RE: bell Mountain condo units Follow Up Flag: Follow up Flag Status: Flagged I have asked our attorney to do some research on this. g , From: Jennifer Phelan Sent: Monday, December 13, 2010 10:26 AM To: Cindy Christensen Subject: RE: bell Mountain condo units HI Cindy: I think you need to confer with APCHA's attorney to see what you can or cannot require. I am going to contact the applicant's representative: Dianna Ettlinger and ask her to work with APCHA on any potential language changes o the deed restriction since planning is only looking at the plat issues.Thanks,jennifer javL4qifew 1 helavi,AICP Deputy Director .Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com From: Cindy Christensen Sent: Monday, December 06, 2010 12:45 PM To: Jennifer Phelan Subject: RE: bell Mountain condo units Will an updated deed-restriction need to be done on this? I thought that they were already individually condominiumized. It will be harder for us to deal with approving the tenants as we will end up having to deal with possibly five different owners instead of just the HOA. I would like to put a new deed restriction on them that would require all of them to be sold through the lottery system if one of the units is found to be out of compliance for a year. I also would like to put into place that if they do become employee-owned units,that any special assessments will be charged based on the valuation of the deed-restricted units versus the free-market units. Would you like all of this in a memo? U From: Jennifer Phelan Sent: Friday, December 03, 2010 1:31 PM To: Cindy Christensen Subject: RE: bell Mountain condo units It is just a land use application to amend the original condo plat...does not really say much. I'll include a copy of the land use application....other than that there are a couple of letters consenting to the application and title work. Je+uu fe,Y Pheta.vi,AICP Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com From: Cindy Christensen Sent: Friday, December 03, 2010 1:27 PM To: Jennifer Phelan Subject: RE: bell Mountain condo units Do you have the actual letter with the request? From: Jennifer Phelan Sent: Friday, December 03, 2010 1:26 PM To: Cindy Christensen Subject: bell Mountain condo units Hi Cindy: I spoke to the applicant's representative and she said that the purpose of the condo plat is to permit individual free market owners own the ah unit and rent to qualified renter that they select rather than the HOA. I'm sending a copy of the plat over through inter-office mail. Could you let me know what else you will need and how long you think your office's review will take so I can get back to the applicant?Thanks,jennifer Je*u'ifr Pheaa v,AICP Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 2 OCCUPANCY AND RENTALIRESALE JYV� DEED RESTRICTION AND AGREEMENT t'N-�MFOR FIVE DWELLING UNITS APPROVED PURSUANT TO THE BELL MOUNTAIN LODGE TOWNHOMES INSU STANTIAL PVD AMENDM,6W APPROffP SY THE Comm OPMEAM ME=J12N AUGUST 14, 1998 THIS OCCUPANCY AND RENTAL/RESALE DEED RESTRICTION AND AGREEMENT (the Agreement ) is made and entered into this y day of Pderentber 000, by and between BELL MOUNTAIN CONSTRUCTION COMPANY LLC (hereinafter referred to as the "Owner"), and the ASPEN/PITKIN COUNTY HOUSING AUTHORITY (hereinafter referred to as "APCHA"), a duly constituted multi-jurisdictional Housing Authority established pursuant to the SECONDED AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT by and between the City of Aspen, Colorado (the "City") and Pitkin County, Colorado (the "County"), dated September 13, 1999 and recorded at Reception No.445444 of the records of the Pitkin County Clerk and Recorder's Office. WITNESSETH: WHEREAS, Owner owns real property more specifically described as Bell Mountain Qualified Residences Condominiums, according to the condominium map thereof recorded on September 27, 2000, in Plat Book 54 at Page 60 of the records of the Clerk and Recorder of Pitkin County,Colorado, City of Aspen, County of Pitkin, also known as 310, 312, 314, 316 and 318 South Spring Street (hereinafter referred to as "Real Property"), and according to the Condominium Declaration for Bell Mountain Qualified Residences, recorded on October 19, 2000,at Reception No.448077. WHEREAS, the Real Property consists of five one-bedroom dwelling units. contained within two condominium units. The Dwelling Units (the"Dwelling Units") were approved for Category 2 rental purposes as described in the APCHA's Aspen/Pitkin County 1997 Affordable Housing Guidelines (hereinafter referred to as "Guidelines"). One of these Dwelling Units has a floor area of approximately 602 square feet, and the other four Dwelling Units have floor areas of approximately 645 square feet each. For purposes of this Agreement, the Dwelling Units, and all appurtenances, improvements and fixtures associated therewith shall hereinafter be referred to as the"Property". WHEREAS, pursuant to the City of Aspen City Council Ordinance No. 7 (Series of 1998), the Owner desires to impose certain covenants upon the Dwelling Units, which will restrict the use and occupancy of the Dwelling Units to qualified tenants, as defined in the Guidelines and as they are amended from time to time. In addition, the Owner desires to impose certain covenants upon the Dwelling Units that shall set forth the maximum monthly rental price,and terms and provisions for the rental of the Dwelling Units. In order to accomplish the foregoing objectives, the Owner desires to enter into this Agreement with APCHA upon the terms set forth herein. WHEREAS, the parties hereby acknowledge that the Owner has provided the Dwelling Units for purposes of leasing the Dwelling Units to Pitkin County employees who fall within the Category 2 designation as defined in the Guidelines,as the some are published from time to time. Illul 11111111111111111 IN 11111111111111111111111 IN 450010 12/28/2000 09:32A DEED RES DAVIS SILYI 1 of 7 R 35.00 D 0.00 N 0.00 PITKIN COUNTY CO ' \ s NOW, THEREFORE, it is agreed by the parties hereto as follows: LEASE BY DECLARANT OR SALEIRESALE TO NON-QUALIFIED OWNER Occupancy and Rental Restrictions A. The Owner has created a Condominium Association (hereafter referred to as the "P &IL(jential Community" . Owner shall have the right to convey the Property to the Residential Community, in which case the Residential Community may retain ownershi_of the Dwelling Units. The Dwelling Units shall be occupied by a qualified Category 2 employee, as defined in the Guidelines, and as they are amended from time to time. The Residential Community will have first choice in filling the units with employees who qualify pursuant to APCHA's Guidelines. If the Residential Community does not fill the units within forty-five (45) days, the Residential Community's designee will have the second right to fill the units with its own similarly qualified employees; finally, if that still does not fill the units, the Residential Community will refer the vacancy to the APCHA,which will supply a list of applicants to the Residential Community for it to select among the qualified employees. B. The Owner is required to have all tenants qualify as to employment, income and assets through APCHA and provide to APCHA a copy of the tenant's lease. Each tenant shall requalify once every two years through the APCHA. No lease agreement executed for occupancy of the Dwelling Units shall provide for a primary term of less than six (6)consecutive months. C. The rent for these Dwelling Units cannot exceed the Maximum Monthly Rent for Category 2, one-bedroom units, as set forth in the Guidelines established by the APCHA, and may be adjusted annually as set forth by the Guidelines. The maximum permitted rent for a Dwelling Unit on the date of execution of this Deed Restriction is $731.93, which includes the 2000 increase. Rent shall be verified and approved by the APCHA upon submission and approval of the lease. Employees shall be qualified by the APCHA as to employment, income and assets,and all other requirements for a Category 2 employee as stipulated in the Guidelines, and as they are amended from time to time. 6ENERAL PROVISIONS D. IN NO EVENT SHALL THE OWNER CREATE AN ADDITIONAL DWELLING UNIT, AS DEFINED IN THE PITKIN COUNTY OR CITY OF ASPEN LAND USE CODES,IN OR ON THE PROPERTY. E. 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. Deed Restriction for Bell Mountain Townhomes Page 2 111111 11111111111111111 IN 11111111111 III 1111111111111 450010 12/28/2000 09:32A DEED RES DAVIS SILVI 2 of 7 R 35.00 D 0.00 N 0.00 PITKIN COUNTY CO BREACH F. 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 Dwelling 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. G. 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 H. 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. I. In the event the Dwelling 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 Dwelling 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. J. 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 prohibiting the sale of the Dwelling Unit by Owner as specified herein. The costs of such sale shall be taxed against the proceeds of the sale with the balance being paid to the Owner. K. 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: Deed Restriction for Bell Mountain Townhomes Page 3 111111 11111111111 111111 IN 111111 11111 III 11111 1111 IN 450010 12/28/2000 09:32A DEED RES DAVIS SILVI 3 of 7 R 35.00 D 0.00 N 0.00 PITKIN COUNTY CO To Owner: Bell Mountain Qualified Residences 320 South Spring Street Aspen,Colorado 81611 To APCHA: Executive Director Aspen/Pitkin County Housing Authority 530 East Main,Lower Level Aspen,Colorado 81611 L. Exhibits. All exhibits attached hereto (Exhibits "A") are incorporated herein and by this reference made a part hereof. M. 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. N. 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. O. 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. P. 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. Q. 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. R. 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. S. Personal Liability. Owner agrees that he or she shall be personally liable for any of the transactions contemplated herein. T. 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. Deed Restriction for Bell Mountain TownWam Page 4 1111111111111111111111111111111 IN 11111111111111111111111111111111111 IN 450010 12/28/2000 09:32A DEED RES DAVIS SILVI 4 of 7 R 35.00 0 0.00 N 0.00 PITKIN COUNTY CO U. 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. V. Owner and Successors. The term "Owner" shall mean the person or persons who shall acquire an ownership interest in the Property or Dwelling 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 Dwelling 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. W. Qualified Tenant: The term Qualified Tenant is a person meeting the income and asset limitation who meet the profile requirements (part of which requirements include being a qualified employee, a senior, a disable person, or dependent of any of these such terms as defined in the Guidelines) established by the APCHA from time to time and in effect at any time, �X. Should the Residential Community decide to sell the deed-restricted rental units separately, the Residential Community shall enter into a new deed restriction stipulating the sales of the units and the appreciation of the units. 1---iN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year above first written. BELL MOUNTAIN CONSTRUCTION COMPANY LLC By: V Jam Val rio,Manager STATE OF ss. COUNTY OF�naA'�_ rlpe`� ) 11 The foregoing instrument was acknowledged before me this " day of Nerew&w, 2000, by James Valerio,Manager on behalf of BELL MOUNTAIN CONSTRUCTION COMPANY LLC. Witness my hand and off ici seal. My commission expires: CF-CIA-SEAL CECILE NESSLER Notary Public N TARvrALIG-ARIZONA MARICOPA COUNTY My Comm E4ires June 24,2002 Deed Restriction for Bell Mountain Townhomes Page 5 111111 1111 111111 111111 IN 11111111111111 BE Eli IN 450010 12/28/2000 09:32A DEED RES DAVIS SILVI 5 of 7 R 35,00 D 0.00 N 0.00 PITKIN COUNTY CO ACCEPTANCE BY THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY The foregoing Agreement and its terms are hereby adopted and accepted by the Aspen/Pitkin County Housing Authority. THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY By: Mary .R erts,Executive Director STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this ! day of Purer r, 2000, by Mary J. Roberts,Executive Director of the Aspen/Pitkin County Housing Authority. Witness my hand and official seal. My commission expires: 7 /;.Z-/0 Notary Public t G '� 0 sTgTE OF GG�O Deed Restriction for Bell Mountain Townhomes Page 6 111111 1!111 111111 111111 IN IIIIIII III 111111111111 IN 450010- 12/28/2000 09:32A DEED RES DAVIS SILVI 6 of 7 R 35.00 D 0.00 N 0.00 PITKIN COUNTY CO EXHIBIT 1W Legal Description for Bell Mountain Qualified Residences Townhomes Condominium Map for Bell Mountain Qualified Residences Condominiums Recorded on the 27"'day of September, 2000,under Reception No.447427, And the Condominium Declaration for Bell Mountain Qualified Residences,recorded On the 19'h day of October, 2000,under Reception No.446077, of the Public Records of Pitkin County,Colorado Dwelling Unit No. Street Address Size of Unit Dwelling Unit 1 310 S. Spring St. 602 square feet Dwelling Unit 2 312 S. Spring St. 645 square feet Dwelling Unit 3 314 S. Spring St. 645 square feet Dwelling Unit 4 316 S. Spring St. 645 square feet Dwelling Unit 5 318 S. Spring St. 645 square feet Deed Restriction for Bell Mountain Townhomes Page 7 1 IN 450010 12/28/2000 09:32A DEED RES DAVIS SILVI 7 of 7 R 35.00 0 0.00 N 0.00 PITKIN COUNTY CO P.U.D. AND SUBDIVISION AGREEMENT FOR BELL MOUNTAIN TOWNHOMES THIS AGREEMENT is made this Z day of (.tea , 1998, between BELL MOUNTAIN LIMITED LIABILITY COMPANY (the"Owner"), and THE CITY OF ASPEN, a municipal corporation(the "City"). RECITALS: WHEREAS, Owner owns that certain real property located in the City of Aspen, County of Pitkin legally described as: Lots K, L, M, N, O, P and the west 20.73 feet of Lot Q, Block 105, City and Townsite of Aspen; and WHEREAS, pursuant to Ordinance No. 7, Series of 1998, the City granted subdivision and consolidated conceptual/final planned unit development approval for the Bell Mountain Townhomes(the "Project"). The Project approvals granted in Ordinance No. 7, Series of 1998 were subsequently modified in the form of an Insubstantial Amendment to P.U.D. set forth and described in that certain Memorandum approved by the Aspen Community Development Director on August 14, 1998 (the"August 14, 1998 Memorandum"), and WHEREAS, the City and the Owner wish to enter into a P.U.D, and Subdivision Agreement for the Project; and WHEREAS, Owner has submitted to the City for approval, execution and recordation a final plat for the Project (the"Plat") and the City agrees to approve, execute and record the Plat at Owner's expense on the agreement of the Owner to the matters described herein, subject to the provisions of the Municipal Code of the City of Aspen (the"Code") and other applicable rules and regulations; and WHEREAS, the Owner is willing to enter into such agreement with the City and to provide assurances to the City; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, and the approval, execution and acceptance of the Plat for recordation by the City, it is agreed as follows: 1. Description of Project. The Project consists of a total of ten (10) dwelling units. There shall be five (5) free market units. There shall be five (5) affordable one-bedroom units deed restricted as category 2 level units as described in the 1997 Affordable Housing Guidelines. One (1) of the affordable 111111111111111111 11111111111111111111111111111111 IN 423639 10/23/1998 12.13P PUD DAVIS SI4VI 1 of 22 R 111.00 D 0.00 N 0.00 PITKIN COUNTY CO one-bedroom units will have a floor area of 602 square feet, and the other four (4) will eacri have an area of 04:5 square reet. 2. Acceptance of Plat. Upon execution of this Agreement by the parties hereto, the City agrees to approve and execute the final Plat for the Project submitted herewith and reduced-size copies of which are attached hereto as Exhibit"R" (tl sheets, numbered I through which conforms to the plat requirements of the Code. The City agrees to accept such Plat for recording in the office of the Pitkin County Clerk and Recorder upon Owner's payment of the recordation fee. 3. Development Requirements. The following development requirements will be satisfied by Owner pursuant to Ordinance No, 7, Series of 1998 and the August 14, 1998 Memorandum-, a. Wastewater and Surface Drainage. A manhole has been shown on the utility plan to provide access to the mechanical space. Oil and sand separators will be provided for any"slot drains" that are shown. Clear water connections such as foundation, roof and surface run-off drains are prohibited from the public wastewater system. Owner shall contribute funds to the Aspen Consolidated Sanitation District to help address an existing downstream constraint in the collection system. A tap permit will be completed at the office of the Aspen Consolidated Sanitation District-, payment of the total connection charges shall be made prior to the issuance of a building permit. The site development will meet the runoff design standards of the Aspen Municipal Code at Section 26.88.040(C)(4)(f), and the building permit application will include a drainage mitigation plan and report, both signed and stamped by an engineer registered in the State of Colorado. b. Utility Connections. Utility meters and service connection points will be accessible to service personnel in the completed project and will not be obstructed by garbage or recycling containers, other structures or vegetation. Any new surface utilities requiring a pedestal or other above ground equipment will be installed on an easement provided by the Owner and not located within the public rights-of-way. The cost of relocating, re-wiring and energizing the electrical switch gear shall be borne by the Owner. The subdivision plat shall include easements for the relocated switch gear and all the vaults, pedestals and above and below ground appurtenances for these utility structures. C. Trash/Recycling_Removal. Trash and recycling containers shall be located such that haulers have unobstructed, easy access for pick up and such that the containers and their enclosures do not encroach into the public rights-of--way. llilll VIII 111111 11111111111111111111111111111 1111 IIII 423638 10/23/1898 12.13P PUD DAVIS SILVI 2 of 22 R 111.00 D 0.00 N 0.00 PITKIN COUNTY CO 2 d. Snow Removal. A snow removal and storage plan shall be submitted to and approved by the City Engineering liepartmCnt pilot to the issuance of any building permits. e. Bus Stop Easement. An easement for the placement of a bus stop bench has been granted along the East Cooper Avenue right-of-way, as shown on the Plat. f. Driveway, Sidewalk Curb and Gutter Improvements. As determined necessary by the City Engineering Department, the existing sidewalks, curbs and gutters shall be repaired or replaced to meet the sidewalk standards before issuance of any Certificate of Occupancy for the project. Any improvements or areas disturbed during construction will be restored to existing condition or better. The existing driveway curb cuts onto South Spring Street and East Cooper Avenue shall be replaced with curb and gutter matching the existing profile. Driveway slopes shall not exceed 12%where meeting a public right-of- way. g. Alley Improvements. A concrete apron with design standards acceptable to the City Engineer shall be constructed at the westerly end of the alley serving Block 105, although the alley itself shall not be paved. "Slow, Pedestrian Crossing" signs shall be installed by Owner at each end of the alley in a manner that will not inhibit routine maintenance of the alley but will ensure visibility to vehicles before crossing the sidewalks when exiting the alley. h. Fence Line Relocation. The existing fence along the East Cooper Avenue frontage will be removed from the right-of-way. i. Street Lights. if the existing street lights are disturbed or damaged during construction, they shall be replaced in kind and in alignment with the other street lights along the subject street. j. Excavation Plans. Excavation and stabilization plans shall be submitted to and approved by the City Engineering Department prior to the issuance of any building permits. k. Construction Parking/Staging. Prior to the issuance of building permits, Owner shall submit a traffic and parking plan acceptable to the City Engineer, Parking and Transportation Departments, Streets Department, and Utilities Department. The plan shall describe traffic detouring, parking, and staging areas for the several stages of construction of the project. Owner shall be required to rent on-street parking spaces if, due to the construction activities, any such spaces will be temporarily impacted or unusable for public parking. These plans and permits will also be coordinated with the Rights-of-Way permit for the utility and street frontage work. 11111111111111111 Illlll 11111 lllll 11111 Ili IIIII IIII IIII 423639 10/23/1998 12:13P PUD DAVIS SILVI 3 of 22 R 111.00 D 0.00 N 0.00 PITKIN COUNTY CO 3 1. Dust Control. Prior to the issuance of any building permits, Owner shall obtain Rom the City approval of a Fugitive Dust Control Pcrmit and provide an Erosion and Construction Drainage Plan. The Fugitive Dust Control Plan will include, as a minimum, plans for fencing, watering of roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud that has been carried out, speed limits, or other measures necessary to prevent windblown dust from crossing the property lines or causing a nuisance. m. Separate Utilities for Each Dwelling Unit. For purposes of operation, maintenance and administration, each dwelling unit will have separate utility services, metering and isolation valves and switches. The general common elements and limited common elements shall be clearly labeled, dimensioned and identified on a condominium plat to be recorded after substantial completion of the buildings and site development. As contemplated in Paragraph 7, below, the condominium plat shall be recorded prior to the issuance of any Certificates of Occupancy for the completed project. n. Future Improvement District(s). Owner agrees to join any future improvement district(s) formed for the purpose of constructing public improvements which benefit the property under an assessment formula; the agreement shall be executed and recorded concurrent with the recording of the subdivision plat. o. As-Built Drawings. Prior to the issuance of any Certificates of Occupancy for the project, Owner shall submit as-built drawings of the project showing property lines, building footprints, easements, any encroachments, entry points for utilities entering the property boundaries and any other improvements to the Aspen/Pitkin County Information Systems Department in accordance with City GIS requirements. P. In the event required, Owner must receive approval from: • The City Engineer for design of improvements, including landscaping, within public rights-of-way; • The Parks Department for vegetation species, tree removal, and/or public trail disturbances; • The Streets Department for mailboxes and street cuts; and • The Community Development Department to obtain permits for any work or development, including landscaping, within the public rights-of-way. q. Fireplace and Woodstoves. As part of the building permit application, Owner will file a fireplace/wood stove permit with the Environmental 11111111111 HIM MIN 1111111111 11111111 1111111111111 4 423039 10/23/1998 12:13P PUD DAVIS SILVI 4 of 22 R 111.00 D 0.00 N 0.00 PITKIN COUNTY CO Health Department. Wood burning fireplaces and heating devices that utilize coal as it fuel 'Ale plrolllbited. r. Asbestos Testing/Abatement. Prior to obtaining a building or demolition permit, Owner will have the existing building tested for asbestos, and if any is present, it must be removed by a licensed asbestos abatement firm. S. Hours of Construction. During construction, noise will not exceed maximum permissible sound level standards, and construction will not occur between the hours of 10 p.m. and 7 a.m. t. Deciduous Tress and Vegetation. Owner shall provide sufficient depth to the foundation wall and proper drainage to allow the aspen trees on the east side of the lot to survive and grow properly. The water line will enter the property from Spring Street so as not to conflict with the trees. The four proposed spruce trees will be replaced with deciduous trees. There shall be no vegetation within ten (10)feet of the electrical switch gear or in front of the garage entrances. The tree proposed near the Spring Street/alley intersection shall be relocated to a site that is acceptable to both the City Engineer and the Parks Department. U. Donation of Coniferous Trees. Owner shall donate to the City those evergreen trees that must be removed from the site, and Owner shall work with the City toward identifying a location within the City to which said trees can be moved. Once a location(s) is found, Owner will pay the costs associated with the relocation(s). V. Tree Removal Permits. In the event required, a tree removal permit must be obtained from the Parks Department for any tree(s) that is/are to be removed or relocated; also, no excavation can occur within the dripline of the tree(s) to be preserved and no storage of fill material can occur within this/these driplines(s). w. Height Restriction. The building improvements shall have a height limit of twenty-eight (28) feet, as measured to the one-third point along the roof; this represents a variance allowing for three (3) additional feet of height beyond the maximum allowable height in the RMF zone district. X. Open Space. The Project shall have a minimum open space requirement of 33%; this represents a variance allowing for two percent (2%) less open space than the minimum allowable open space in the RMF zone district. Y. Exterior Li htin . All outdoor lighting within the PUD will not cause glare or hazardous conditions. Outdoor lighting shall be limited to an entry pedestal for each unit, low bollards along the walkways, and porch lights. 211111I10l111111 MITI IIIII IIIII IIIII III1111111111 IN 5 5 of 22 R 111.00 D 0.00 N 0.00 PITKIN COUNTY CO Down-directional, sharp cut-off fixtures shall be used for screening of all outdoor lighting sources. Z. Cash in Lieu of School Land Dedication. Prior to and on a proportional basis to the issuance of any building permit for the residential units, Owner shall pay a cash fee in lieu of School Land Dedication to the City of Aspen. Such cash in lieu payment totals $13,252.80 for all units. 4. Construction Schedule and Phasing. The City and the Owner mutually acknowledge that exact construction schedules cannot be determined at this time. However, it is anticipated that construction of the Project will begin no later than three years from the vesting of the Owner's property rights in the Project. The anticipated construction on schedule is as follows: a. Complete demolition of existing structure by October 1, 1998. b. Commence excavation for foundation by October 1, 1998. C. Commence construction of improvements by November 1, 1998. d. Substantial completion of improvements by September 1, 2000. e. The public improvements identified in Paragraph 3 of this Agreement are expected to be under construction on or before November 1, 1998, and completed by September 1, 2000, and each element thereof shall be installed as soon as possible consistent with adjacent Project constructions. All such public improvements shall be completed by Owner and accepted by the City prior to issuance of any certificates of occupancy for the Project or within three years of the date hereof, whichever first occurs. 5. Landscaping Improvements. In accordance with the Code, the landscaping improvements shall be installed as represented and shown on the plan attached hereto as Exhibit which plan shows the extent and location as well as the type of plants to be installed, and all landscape features, flower and shrub definition, proposed treatment of all ground surfaces (e.g. paving, sod, gravel, etc.) and other elements of the landscape plan. The landscaping shall be installed as soon as possible, no later than the first planting season following the completion of the construction adjacent to the area of planting. The Owner shall promptly replace any plants which have not survived for a period of two growing seasons following the issuance of a certificate of occupancy for the Project. 6 Security for Public Improvements and Landscaping. In order to secure the performance of the construction and installation of the landscaping and public improvements described above, the Owner shall provide a bond, letter of 111111 illl1111111111111111111111111111111111111111 IN 6 423538 10/23/1998 12!13P PUD DRVIS SILVI 6 of 22 R 111.00 D 0.00 N 0.00 PITKIN COUNTY CO credit, cash or other guarantees in a form satisfactory to the City Attorney in the sum of$53,740. Said guarantee will be delivered to the City prior to the issuance to the Owner of a building permit for the Project. Exhibit"_a_" provides a list of the improvements that are being guaranteed and the cost of such improvements as estimated by the Owner's engineer and landscape architect and as accepted by the City. The guarantee documents shall give the City the unconditional right, upon clear and unequivocal default by the Owner in its obligations to complete the public improvements by the date specified in Paragraph 4(e), to withdraw funds against such security sufficient to complete and pay for installation for such public improvements or Project landscaping. As portions of the improvements are completed, the City Engineer shall inspect them, and upon approval and acceptance, he shall authorize the releases of the agreed estimated costs for that portion of the improvements, except that ten-percent of the estimated costs of the improvements shall be withheld for the benefit of the City until the completion of all of the described public improvements, and the retainage for the landscaping shall be withheld until two growing seasons following the issuance of a certificate of occupancy for the Project. The Owner shall require all contractors to provide a warranty to the City that all improvements were constructed to accepted standards of good workmanship for the installation of the public improvements described herein for one year from the date of acceptance. In the event that any existing municipal improvements are damaged during Project construction, on request by the City Engineer, a bond or other suitable security for the repair of those municipal improvements shall be provided by Owner to the City. 7. Condominiumization. As soon as construction of the Project allows, Owner anticipates submitting the Project to a plan for condo miniumization. The City agrees to process for approval and for recordation a condominium plat prepared in accordance with the Code. As the Owner has provided affordable housing pursuant to the Code, the Project is exempt from paying the Affordable Housing Impact fee. Owner shall record a condominium declaration and shall create a corporate non-profit condominium association and articles of incorporation and by-laws. The association shall be responsible for the perpetual maintenance of the Project common elements and keeping the open space in good repair and in a clean and attractive condition. Membership in the condominium association shall inure to a Unit owner on the transfer of title. The association board of directors shall consist of at least three unit owners in the Project. The association shall be required to ensure continued compliance with this PUD and Subdivision Agreement. 8, Notices. Notices to the parties shall be sent by United States certified mail to the addresses set forth below or to any other address which the parties may substitute in writing. 11111111111111111111111111111111111111111111111 IN IN 423639 10/23/1998 12:13P PUD DAVIS SILYI 7 of 22 R 111.00 D 0.00 N 0.00 PITKIN COUNTY CO 7 To the Owner: James Valerio, Managing Member Bell Mountain LLC Post Office Box 1376 Aspen, Colorado 81612 With copy to: Thomas J. Todd Holland & Hart LLP 600 B. Main Street Aspen, Colorado 81611 To the City of Aspen: City Manager 130 South Galena Street Aspen, Colorado 81611 With Copy to: City Attorney 130 South Galena Street Aspen, Colorado 81611 9 Binding Effect. The provisions of this Agreement shall run with and constitute a burden on the land on which the Project is located and shall be binding on an inure to the benefit of the Owner's and the City's successors, personal representatives and assigns. 10. Amendment. The Agreement may be altered or amended only by written instrument executed by the parties. 11. Severabilitv. If any of the provisions of this Agreement are determined to be invalid, it shall not affect the remaining provisions hereof. 111111111111111 111111111111111111111111111111 111111 IN 423639 10/23/11198 12c13P PUD DAVIS SILVI 6 of 22 R 111.00 D 0.00 N 0.00 PITKIN COUNTY CO 8 i ATTEST: 111h CAI Y 01' ASPEN, a municipal corporation Kathryn S. K h, City Clerk John iennet, Mayor Approved as to Form: A torney OWNER: BELL MOUNTAIN LLC f Y a7s Valerio, Managing Member STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this'ZI day of cwv,hLl 1998 by John Bennet,Mayor,and Kathryn S. Koch, City Clerk. Witness my hand and official seal. ission expires: C2—/— KA7HU,-&j j4 Notary P 'c GMCRLANt o �. QO F�F Co1.�� 11111111111111111111 HIM 111111 IIIII 11111 IIIII III1811 IN IN 423539 10/23/1998 12:13P PW DAVIS SILVI 9 of 22 R 111.00 D 0.00 N 0.00 PITKIN COUNTY CO 9 STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this /34 day of c4. 1998 by James Valerio,Managing Member of Bell Mountain LLC. :� Ut(. yitness my hand and official seal. �P l lg 9 p � uNl�c;nmmission expires: y 1' �� .. . ..• Notary Public ASPEN:0024284.03 NIII1 11111 HIM 111111 11111 11111 11111 111 111111 111 1111 423639 10/23/1980 12.13P PUD DAVIS SIIVI 10 of 22 R 111.00 D 0.00 N 0.00 PITKIN COUNTY CO 10 Bell 3founlain Subdivision C�- PLI� Lots X, L, & N, O, P, and a Block 105 City and Townsite of Aspen, .~++a� Tanvnshiv >O .South, Range 84 !lest, Section. IN, 6th PAf 0 � ?it.Exii County, Colorado w u= o ASPEN � 4.� -- Is �d- -� - y �...•.�.a.�m.�...a. maw x tow= EY 7 w - M -=i � Not to Scale I ""LL.�<�� m-�S..n.• v .ra-�-w•-.++ MUESER CM WYER uuc. Final ,.,a•,sa 1 S �Sr "' „e K eH '• °° Bell Mountain Subd. & PUD a.•.••e s•..,a,,cam„„erwi P!a[ 2 f �f s�5-aa 6•o�s-carol A` .cd�m rsro; zs-e�z� I 1 i 1Llountain Subdim,sion PUI� Aormerey _/oe� ' L. :N. V. 0 P znd V, 51ock 105 ''ity <� 'ov—�./E 5f 4spEn r a— Y!!trtl Pitkfn Count,/, State of Colorado w 41 tl_ N�+� B� ANA es o CD °—'t/ J SCHMUESER GoRDON MEYER INC. ..eu m..�.sa.:oo Final : �$G � .�..� ( Bell Mountain Subd. & PUD Pr d II I' \ I III I a 3� � a � II _ � �I � �r•; z !e I II 11 I I —� � IfIS I A 6 I I I I I qq l I I Pic d I I I �0 ti! ,Hi�M 16e fill i d7li �gge I CHI mgC�C f � d I - �yg�d I Ilk t� id ^Cts I _ I @ iaY 2a z� 1111111111111111111111111111111111111111111111111111111 � � --���R��• -0�4--��-�•��-�� 423639 10/23/1998 12:13P PUD DAVIS SILVI 13 of 22 R 111.00 D 0.00 N 0.00 PITKIN COUNTY CO I 00 AIWIOO NIX1Id 00'0 N 00'0 0 00.111 b ZZ 10 K IAMS MAN Ond d£1IZ1 9661/£Z/81 6£9£Z4 .V...,u,. .� II11 III 111111 III 1111111111 11111 111111111111 111111111111 �rr i O i X4 I I 'I ' S I � I I m ', �9tjYyYt l I I I , I I I I t 4 I I t 6�if I •L _ � I xal • I � I till ji II ft1 ap II , I I I 1 is�l4 q� a >o 00 00„00 00 00 )U JO V0U UO C1(01 l0 00 0 ou o0 >o 00 00 00 00 00 4 Il 4 d7 jj$q ' �n oo�o 0o II lmprovement Survey Bell Jfountain Townhomes Gois k L, _1� .'Y D, P, and 42, Block 10. to roam— Town of Aspen, Pitkin County, State of Coiorado I o B 7- i rwOU'it�h »5 .�-......�.,. cs •�-�N� I I� r� r� r or�r 1 J �� 1 ��Lam!.S � a° i�I .�...�.� ��f �� � r �� •ire rr y I � — — r _ e. mrvwrww crwwwv rlYrw ivc _ Block 105 1 OeM �Vountain Townhomes Lots ff,L.Af,N,O,P,P .' a 1 I a - — CL ? LL gg I v Q F I ,I, a W - i a� 0�1 I p t 13 Path a lui 714 1 110 3 nvs or 111111 IIIII 111111111111 IIIII 11111 11111 III 111111111 1111 423639 10/23/1998 12:13P PUD DAVIS SILVI 16 of 22 R 111.00 D 0.00 N 0.00 PITKIN COUNTY CO II 1 I I 1 g� A a� 1, 1 ran � 1 � , z 09 ALNm NIMlid 00'9 N 00'9 a 00'TTT a ZZ P LT IAIIS SIAUa and d£T:ZT 966T/£Z/0T 6£9£Z0 llll III 11111111111111 III11 HE HIM MIN 111111111111 SOUTH 5Fl NG 57: i 2a I s n 6� n n 04 Ed ` " )liltf RESIDENCES MOUNTAIN s iT i ' t T Z D r ro r I H ` i S30NIICUM NNINnow TIgH z:'£l CL [7 ® t i I Z LL ITT 1 I I _ I ygd I � el J I I III i - g5g I 1 I i I � I i Cab s Qe O 1 111111 IIIII 111111 Mill ll111111ll llll1111 Bill III IIII 423639 10/23/1998 12:13P PUD DAVIS SILVI 18 of 22 R 111.00 D 0.00 N 0.00 PITKIN COUNTY CO i i i i i4 i i I o � IL i 00 AUM00 NIHlId 00'0 N 00'0 0 00'TTT b ZZ P 61 IAIIS SIAV0 OfW dWZT 9661/£Z/01 6£9£Z4 o© ®r IIII III flllll 111 11111 11111 IIIII 111111 111111 IIIII 111111 to 0 � r i i o v (�9 no y � BELL MOUNTAIN RESIDENCES a'� AWW4,COLORADO 00 AINnOO NIXIIJ 00*0 N 00'0 a g@,Tl MIS SlAua cnii cmT:z T " fa J' w 111 I/a/el suca, 111111111111111111 mill 11111 IT111"111,11111 11111 Nil 1 4. J, -I.- 4� (D G —-—-—-—-—- o Al—il BELL MOUWAN MWENCES III -lilt! ASM,CMDRADO May Saonaotsaa Nay.Nnow Trag FIE7 11 ie r O O r- l 1 O i ff A I. ' (D 0 O - 5 O ® 1 � y _ � 9 � c t 111111 Hill 111111111111 111111111111111111111111111111 423639 10/23/1098 12-13P PUO DAVIS SILVI 21 of 22 R 111.00 D 0.00 N 0.00 PITKIN COUNTY CO EXHIBIT 1 Schedule of Public Improvements Subject to Guarantee Improvements Cost Relocation of electrical switch gear $15,000 New sidewalk along Spring Street $8,040 Replace 2 driveway curb cuts with curb and gutter $2,000 Paving of bus stop and installation of bench $1,240 Construction of concrete apron at westerly end of alley $2,000 Installation of"Slow, Pedestrian Crossing" signs $500 Installation of landscaping per landscape plan $48,150 Total $75,930 I llllll VIII lIIIII IIIIII VIII lllll VIII III lllllll II I'll 423439 10/23/1990 12:13P PUO DAVIS SILVI 22 of 22 R 111.00 D 0.00 N 0.00 PITKIN COUNTY CO 111111 VIII HIM 11111111111111111 VIII 11111111 Hill 11111111 ORDINANCE No. 7 (SERIES OF 1998) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION AND CONSOLIDATED CONCEPTUAL/FINAL PLANNED UNIT DEVELOPMENT(PUD) APPROVAL,INCLUDING A VARIANCE TO THE MAXIMUM HEIGHT LIMIT AND THE MINIMUM OPEN SPACE REQUIREMENT,AND VESTED PROPERTY RIGHTS FOR THE BELL MOUNTAIN TOWNHOMES,720 E.COOPER AVENUE,LOTS K,L, M,N,O,P,AND Q,BLOCK 105,TOWN OF ASPEN,COUNTY OF PITKIN,STATE OF COLORADO. WHEREAS,The Community Development.Department received an application from the Bell Mountain Limited Liability Company(hereafter"Applicant"),for Consolidated Conceptual/Final Planned Unit Development(PUD) including requests for variances to the height limit and the minimum. open space requirement; and,Subdivision; and, WHEREAS,said application also included requests for a Change In Use GMQS Exemption, Conditional Use approval for five(S)Accessory Dwelling Units,and a six(6)month extension to 1996 Small Lodge Lottery residential allocations; and WHEREAS,pursuant to Section 26.84.030 of the Aspen Municipal Code,the Planning and Zoning Commission shall make a recommendation to the City Council regarding requests for Planned Unit Development(PUD)approval, including certain variances to dimensional requirements of the underlying zone district; and pursuant to Section 26.88.040 of the Aspen Municipal Code,the Planning and Zoning Commission shall make a recommendation to the City Council regarding requests for Subdivision approval; and, WHEREAS,pursuant to Section 26.84.030 of the Aspen Municipal Code,City Council shall either approve,approve with conditions or deny requests for Planned Unit Development(PUD)approval, including certain variances to dimensional requirements of the underlying zone district; and pursuant to Section 26.88.040 of the Aspen Municipal Code,City Council shall either approve,approve with conditions or deny requests for Subdivision approval; and, WHEREAS,the Housing Office,City Engineering,Parks Department,Aspen Consolidated Sanitation District,Environmental Health Department and Community Development Department reviewed the proposals and recommended approval of each with conditions; and, WHEREAS,the above referenced application was legally noticed for a public hearing; and, WHEREAS,upon review and consideration of the application,agency and public comment thereon,and those applicable standards as contained in Chapter 26 of the Aspen Municipal Code,to wit, Section 26.84.030(Planned Unit Development)and Section 26.88.040(Subdivision Approval),during a public hearing at a"continued meeting on February 17, 1998,the Planning and Zoning Commission recommended approval by a 6-0 vote of both the request for Consolidated Planned Unit Development (PUD)with a variance to the minimum open space requirement and Subdivision; and WHEREAS,pursuant to Resolution 98-3,the Planning and Zoning Commission further granted a Change In Use GMQS Exemption with a condition; a six(6)month extension of 1996 small lodge Ordinance No. 7, Series of 1998 Page 2 lottery residential allocations for three(3)units with twelve(12)bedrooms; and, Conditional Use approyaLf�r fiv 0;1 A . .eeor with conditions; and WHEREAS,the Aspen City Council has reviewed and considered the Bell Mountain Townhomes application 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 in Resolution 98-3,and has taken and considered public comment at a public hearing; and WHEREAS,the City Council finds that the Bell Mountain Townhomes application to be consistent with the minimum requirements and review standards for both Planned Unit Development and Subdivision approval pursuant to Sections 26.84.030 and 26.88.040,respectively,of the Aspen Municipal Code provided the stipulated conditions of approval are met. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO: Section 1• The Bell Mountain Townhomes application for Subdivision and Consolidated Planned Unit Development(PUD)is hereby approved with the following conditions: 1. Of the proposed plans,only those portions for which small lodge lottery allocations already exist (three units) can be issued building permits upon approval and subject to those conditions enumerated below, while development of the remaining portions (four units) cannot commence unless and until the necessary allotments have been procured through the annual small lodge lottery. If the allocations are obtained through the lottery, they will not be subject to any forthcoming code revisions with respect to the provision of housing mitigation. 2. If the proposed use, density or timing of the construction of the project change, or the site, parking or utility plans for this project change subsequent to this approval, a complete set of the revised plans shall be provided to the Engineering and Community Development Departments for review and re-evaluation. 3. A. manholes shall be placed in the westernmost driveway in order to provide access to the mechanical spaces lying beneath the driveways. Oil and sand separators are required for the "slot drains" that are shown for each of the seven .garage entries. Clear water connections such as foundation, roof and surface run-off drains are prohibited from the public wastewater system. The applicant shall contribute funds to the Aspen Consolidated Sanitation District to help address an existing downstream constraint in the collection system. A tap permit must be completed at the office of the Aspen Consolidated Sanitation District; payment of the total connection charges shall be made prior to the issuance of a-building permit. 4. Utility meters and service connection points must be accessible to service personnel in the completed project and must not be obstructed by garbage or recycling containers, other structures or vegetation. Any new surface utilities requiring a pedestal or other above ground equipment must be installed on an easement provided by the property.owner and not located within the public rights-of- way. 5. The cost of relocating, re-wiring and energizing the electrical switch gear shall be borne by the developer. 6. Trash and recycling containers shall be located such that haulers have unobstructed, easy access for pick up and such that the containers and their enclosures do not encroach into the public rights- of-way. 4 - Ordinance No. 7, Series of 1998 Page 3 7. The subdivision plat shall include easements for the relocated switch gear and all the vaults, pedestals and above and below ground appurtenances for these utility structures. 8. The site development must meet the runoff design standards of the Land Use Code at Section 26.88.040(C)(4)(f), and the building permit application must include a drainage mitigation plan (full size - 24" x 36") and report, both signed and stamped by an engineer registered in the State of Colorado. 9. A snow removal and storage plan shall be submitted to and approved by the City Engineering Department prior to the issuance of any building permits. 10. An easement for the placement of a bus stop bench shall be granted along the East Cooper Avenue right-of-way,and said easement shall be indicated on the final subdivision plat. 11. As determined necessary by the City Engineering Department,the existing sidewalks, curbs and gutters shall be repaired or replaced to meet the sidewalk standards before issuance of any Certificates of Occupancy for the project. Any improvements or areas disturbed during construction will be restored to existing condition or better. The existing driveway curb cuts onto South Spring Street and East Cooper Avenue shall be replaced with curb and gutter matching the existing profile. 12. A concrete apron with design standards acceptable,to the City Engineer shall be constructed at the westerly end of the alley although the alley itself shall not be paved. "Slow, Pedestrian Crossing" signs shall be installed by the developer at each end of the alley in a manner that will not inhibit routine maintenance of the alley but will ensure visibility to vehicles before crossing the sidewalks when exiting the alley. 13. The existing fence along the East Cooper Avenue frontage shall be either removed from the right-of-way or relocated to within the property boundaries. 14. If existing street lights are disturbed or damaged during construction, they shall be replaced in kind and in alignment with the other street lights along the subject street. 15. Driveway slopes shall not exceed 12%where meeting a public right-of-way. 16. Prior to the issuance of building permits, the applicant shall provide the Engineering and Parks Departments,with detailed information regarding the feasibility and functionality of the proposed structural grass mat system intended for use on the driveways. 17. Excavation and stabilization plans shall be submitted to and approved by the City Engineering Department prior to the issuance of any building permits. 18. Prior to the issuance of building permits, the developer shall submit a traffic and parking plan acceptable to the City Engineer, Parking and Transportation Departments, Streets Department, and Utilities Department. The plan shall describe traffic detouring, parking, and staging areas for the several stages of construction of the project. The developer shall be required to rent on-street parking spaces if, due to the construction activities, any such spaces will be temporarily impacted or unusable for public parking. These plans and permits will also need to be coordinated with the Rights-of-Way permit for the utility and street frontage work. 19. Prior to the issuance of any building permits,the developer shall obtain a Fugitive Dust Control Permit and provide an Erosion and Construction Drainage Plan. The Fugitive Dust Control Plan must include,as a minimum,plans for fencing, watering of roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud that has been carried out, speed limits, or other measures necessary to prevent windblown dust from crossing the property lines or causing a nuisance; applications may be obtained from the Environmental Health Department and an approved plan is required before any building permits can be issued. 20. For purposes of operation,maintenance and administration,each dwelling unit will need to hav; separate utility serving-& metering and isolation valves and cwi c ec, The general common elements and limited common elements shall be clearly labeled, dimensioned and identified on a condominium plat to be recorded after substantial completion of the buildings and site development. f...,,1 Said condominium plat shall be recorded prior to the issuance of any Certificates of Occupancy for the completed project. Ordinance No. 7, Series of 1998 Page 4 21. The property owner(s) is required to join any future improvement district(s) formed for the purpose of constructing public improvements which benefit the property under an assessment formula; the agreement shall be executed and recorded concurrent with the recording of the subdivision plat. 22. Prior to the issuance of any Certificates of Occupancy for the project, the applicant shall submit as-built drawings of the project showing property lines, building footprints, easements, any encroachments, entry points for utilities entering the property boundaries and any other improvements to the Aspen/Pitkin County Information Systems Department in accordance with City GIS requirements. 23. In the event required,the applicant must receive approval from: • The City Engineer for design of improvements, including landscaping, within public rights- of-way; • The Parks Department for vegetation species,tree removal,and/or public trail disturbances; • The Streets Department for mailboxes and street cuts; and, • The Community Development Department to obtain permits for any work or development, including landscaping,within the public rights-of-way. 24. As part of the building permit application, the applicant must file a fireplace/woodstove permit with the Environmental Health Department. Wood burning fireplaces and heating devices that utilize coal as a fuel are prohibited. 25. Prior to obtaining a building or demolition permit,the applicant must have the existing building tested for asbestos, and if any is present, it must be removed by a licensed asbestos abatement firm. It is recommended that testing be done well ahead of time so that, if removal is required, delays will not be experienced. 26. During construction, noise cannot exceed maximum permissible sound level standards, and construction cannot occur between the hours of 10 p.m.and 7 a.m. 27. The developer shall provide sufficient depth to the foundation wall and proper drainage to allow the Aspen trees on the east side of the lot to survive and grow properly. The water line will enter the property from Spring Street so as not to conflict with the trees. The four proposed spruce trees will be replaced with deciduous trees. There shall be no vegetation within ten (10) feet of the electrical switch gear'or in front of the garage entrances. The tree proposed near the Spring Street/alley intersection shall be relocated to a site that is acceptable to both the City Engineer and the Parks Department. 28. The applicant shall donate to the City those evergreen trees that must be removed from the site, and the applicant shall work with the City toward identifying a location within the City to which said trees can be moved. Once a location(s) is found,the applicant will pay the costs associated with the relocation(s). 29. In the event required,a tree removal permit must be obtained from the Parks Department for any tree(s)that is/are to be removed or relocated; also,no excavation can occur within the dripline of the tree(s)to be preserved and no storage of fill material can occur within this/these dripline(s); 30. The Planned Unit Development (PUD) shall have a height limit of twenty-eight (28) feet, as measured to the one-third(1/3)point along the roof; this represents a variance allowing for three(3) additional feet of height beyond the maximum allowable height in the RMF zone district. 31. The Planned,Unit Development(PUD) shall have a minimum open space requirement of 33%; this represents a variance allowing for two(2%)percent less open space than the minimum allowable open space in the RMP zone district. 32. All outdoor lighting within the PUD will not cause glare or hazardous conditions. .Outdoor lighting shall be limited to an entry pedestal for each unit, low bollards along the walkways, and porch lights. Down-directional, sharp cut-off fixtures shall be used for screening of all outdoor lighting sources. 33. Prior to and on a proportional basis to the issuance of any building permits for the residential units,the applicant shall pay a cash fee in lieu of School Land Dedication to the City of Aspen. Ordinance No.7, Series of 1998 Page 5 34. All material representations made by the applicant in this application and during public meetings with the Planning and Zoning Commission shall be adhered to and shall be considered conditions of approval,unless otherwise amended by a Board/Commission having authority to do so. Section 2: Pursuant to Section 26.52.080 of the Aspen Municipal Code and C.R.S. 24-68-104(2), City Council does hereby grant the applicant Vested Property Rights status for the site specific development plan for the Bell Mountain Townhomes at 720 E.Cooper Avenue as approved by Ordinance Number 7, Series of 1998,for a period of three(3)years from the date said Ordinance is signed with the following conditions: 1. The rights granted by this site specific development plan shall remain vested for a period of three (3) years from the effective date hereof. However,any failure to abide by any of the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. Failure to properly record all plats and agreements required to be recorded by the Municipal Code shall also result in forfeiture of said vested property rights. 2. The approval granted hereby shall be subject to all rights of referendum and judicial review; except that the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication provided for in Section 26.52.080(D) 3. Zoning that is not part of the site specific development plan approved hereby shall not result in the f creation of a vested property right. 4. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations or ordinances of the City provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. ' 5. The establishment herein of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard,as a condition of this site development approval,the developer shall abide by any and all such building,fire,plumbing,electrical and mechanical codes,unless an exemption therefrom is granted in writing. Section 3: Pursuant to Section 26.52.080(D)of the Municipal Code,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. Section 4: . If any section,subsection,sentence,clause,phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect �,.�\ the validity of the remaining portions thereof. Ordinance No, 7, Series of 1998 Page 6 Section 5: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section : A public hearing on the Ordinance shall be held on the .t7 day of_' 1998 at 5:00 P.M. 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 once 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 1998. Joh 'Bennett,Mayor ATTEST: Kathryn S.V. eh,City Clerk APPROVED AS TO FORM: 0 orces er,City Attorney FINALLY,adopted,passed an d approved this day of 1998. 1� John &nett,Mayor ATTEST: Kathryn S. ch rity,Clerk c:\home\mitchh\council\bellord2.doc RECEIVED N v 1 9 2010 PROJECT: ATTACHMENT 2—LAND USE APPLICATION CITY Ot ASPEN Name: Bell Mountain Qualified Residences - Condominium Map Amendment Location: 310, 312 , 314 , 316 and 318 South Spring Street, Aspen Indicate street address, lot&block number, legal description where appropriate) Parcel ID#(REQUIRED) R017469, RO 17 4 7 0 APPLICANT: Name: Craig and Lee Williams Address: 5577 Cedar Creek, Houston, TX 77056 Phone#: 713 . 8 6 3 . 8 4 4 4 REPRESENTATIVE: Name: B. Joseph Krabacher, Diana Ettlin er Sherman & Howard, L.L. C. Address: 201 North Mill St . , Suite 201, Aspen, CO 81611 Phone#: 9 2 5 . 63 00 -A Z.. TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD(&PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA—8040 Greenline,Stream ❑ Subdivision Exemption(includes ❑ Final SPA(&SPA Margin,Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment X❑ Other: Condominiumi zat ion ❑ Conditional Use -Plat Amendment ENISTING CONDITIONS: (description of existing buildings,uses,previous approvals,etc. -Administrative Review Bell Mountain Qualified Residences Condominium consists of five employee dwelling units contained within two condominium units, A and B. PROPOSAL: (description of proposed buildings,uses,modifications,etc. Applicant desires to further condominiumize the two units into five distinct condominium units to permit separate ownership of the employee dwelling units Have you attached the following? FEES DUE: $ 9 5 7 . 0 0 ® Pre-Application Conference Summary Q Attachment fl,1,Signed Fee Agreement ® Response to Attachment 0,Dimensional Requirements Form ❑ Response to Attachment#4,Submittal Requirements-Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5"X 11"must be folded. A disk with an electric copy of all written text (Microsoft Word Format)must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. Bell Mountain Qualified Residences Condominium Association, LLC 320 South Spring Street Aspen, CO 81611 October 25, 2010 City of Aspen Community Development Department 130 South Galena Street,Third Floor Aspen,Colorado 81611 Dear Sir or Madam: I am writing as manager of Bell Mountain Qualified Residences Condominium Association, LLC to authorize Craig A. Williams and Lee C. Williams to submit an application for condominiumization and a plat amendment pursuant to Section 26.480.090 of the City of Aspen Municipal Code,with respect to certain real property owned by Bell Mountain Qualified Residences Condominium Association,LLC and described as The Bell Mountain Qualified Residences according to the Plat thereof filed for record in Plat Book 54 at Page 60 of the records of Pitkin County,Colorado. Please contact me if you have any questions. Thank you. Bell Mountain Qualified Residences Condominium Association, LLC Jar es Valerio,Manager BUS-RE\3475417.2 � r Craig A. Williams Lee C. Williams 5577 Cedar Creek Houston, TX 77056 Tel. (713) 683.8444 October 26, 2010 City of Aspen Community Development Department 130 South Galena Street, Third Floor Aspen, Colorado 81611 Dear Sir or Madam: We are writing to authorize B. Joseph Krabacher, Diana Ettlinger and the law firm of Sherman & Howard, L.L.C. to act as our agent and representative in all matters related to and in connection with an application for condominiumization and plat amendment pursuant to Section 26.480.090 of the City of Aspen Municipal Code, with respect to certain real property owned by Bell Mountain Qualified Residences Condominium Association, LLC and described as The Bell Mountain Qualified Residences according to the Plat thereof filed for record in Plat Book 54 at Page 60 of the records of Pitkin County, Colorado. The address and phone number of the company's agent is as follows: B. Joseph Krabacher, Esq. Diana Ettlinger, Esq. Sherman & Howard, L.L.C. 201 North Mill, Suite 201 Aspen, Colorado 81611 970.925.6300 Please contact us if you have any questions. Thank you. I 1 iams lliams BUS RE0474858.1 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jessica Garrow—970.429.2780 DATE: 7.2.2010 PROJECT: 310—318 S Spring St,Bell Mountain PUD Condo Map Amendment APPLICANT: REPRESENTATIVE: Joe Krabacher,Diana Ettlinger TYPE OF APPLICATION: Condominiumization. Administrative review. DESCRIPTION: The Applicant would like to file a new condominium map for the property located at 310, 312, 314, 316, and 318 S Spring Street. These are the deed restricted units located in the Bell Mountain PUD. The PUD was approved via Ordinance 7, Series of 1998. There are five(5)deed restricted units in two(2)condominium units. The Applicant is interested in further condominiumizing the units. This requires filing a new condominium plat. Because these are deed restricted units, and because the deed restriction references having two(2)condominium units,review and approval for the further condominiumization is required by APCHA. The applicant has stated they will abide by all requirements in the deed restriction. Below is a link to the Land Use application Form for your convenience. http://ww w.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%2OFees/landuseapi) form.pdf Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480.090 Condominiumization Review by: -Planning and Engineering Staff for compliance with condominium requirements -Housing Board for compliance with deed restriction and APCHA rules and regulations - Community Development Director&City Engineer for approval Public Hearing: No hearing required Planning Fees: $735.00 Deposit for 3 hours of staff time. Additional staff time required is billed at$245/hour Referral Fees: Housing, $212 Total Deposit: $957.00 (Additional fees will be required for filing. Those fees will be identified and due just prior to filing of the plat.) Total Number of Application Copies: Three(3) To apply,submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number,contained within a letter signed by the applicant stating the name,address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado,listing the names of all owners of the property, and all mortgages,judgments, liens, easements,contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre-application Conference Summary. 7. An 8 1/2"x 11"vicinity map locating the subject parcel within the City of Aspen. 8. Proof of ownership. 9. Proposed condominium plat. Provide paper copies for staff review. Once staff has reviewed the proposal and made any necessary corrections,then mylars can be created for recordation. 10.All necessary items found in Land Use Codes Section 26.480.090, Condominiumization. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future,and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. stewart titleo Roaring Fork Division �ii: 60 South 8"Street, Suite 101 View your transaction progress 24/7 via SureClose. Carbondale, Colorado 81623 Phone: 970-704-1000 Ask us about your login today! Fax: 970-704-0205 Date: November 10,2010 Order Number: 932903 Buyer: Seller: Bell Mountain Qualified Residences Condominium Association,Inc. Property -1131), , Please direct all Closing inquiries to: Please direct all Title inquiries to: Linda Williams Phone: 970-766-0234 or 866-932-6093 Email Address: Iwilliam3@stewart.com SELLER: Bell Mountain Qualified Residences Condominium Association,Inc. 320 South Spring Street Aspen,Colorado 81611 LISTING BROKER: SELLING BROKER: Sherman &Howard LLC None Attn: Diana G.Fttlinger 201 N.Mill Street, Suite 201 Phone: Aspen,Colorado 81611 Phone: (970)925-6300 Fax: (970)925-1181 ALTA Commitment(6/17/06) ALTACommitment Form COMMITMENT FORTITLE INSURANCE Issued by stev `cwt �titl! aua.rKI)t;ruuillpair;.i Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A,upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue,whichever first occurs,provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned: Stewart �K/�U•w`�ClLlatOi I U10 awaraf 4 c:mPana f t. d✓l— tte A onud Countersignature SeniorChainnan of the Board r♦ ti"v Stewart Tide Roaring Fork Division t.�'1(4s' ,yg'; Chairman of the Board 60 South 8"'Street, Suite 101 «` Carbondale, Colorado 81623 Phone: 970-704-1000 president Fax: 970-704-0205 Order Number: 932903 ALTA Comminnent(6/17/06) Title Officer:Linda Williams COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: ,at 8:00 a.m. Order Number: 932903 Title Officer: Linda Williams 2. Policy or Policies To Be Issued: Amount of Insurance: (a) A.L.T.A. Owner's (b)A.L.T.A. Loan 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: Bell Mountain Qualified Residences Condominium Association, LLC 5. The land referred to in this Commitment is described as follows: See Attached Legal Description Purported Address: Statement of Charges: TBD These charges are due and payable before aPolicy can beissued: Title CommitmentFee$100.00 SCHEDULE A LEGAL DESCRIPTION Condominium Units A and B BELL MOUNTAIN QUALIFIED RESIDENCES CONDOMINIUMS According to the Map thereof recorded September 27,2000 in Plat Book 54 at page 60 and the Condominium Declaration recorded October 19,2000 as Reception No.448077 LESS AND EXCEPT, AND EXPRESSLY RESERVING UNTO GRANTOR, all of the Reserved Development Rights of Declarant established in Section 1.3 of the aforementioned Condominium Declaration Such rights are shown on Exhibit A of the Deed recorded May 30,2002 as Reception No.468091 COUNTY OF PITKIN, STATE OF COLORADO COMMITMENT FOR TITLE INSURANCE SCHEDULE B—Section 1 REQUIREMENTS Order Number: 932903 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s)or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. NONE AT THIS TIME NOTE: This product is for informational purposes only. It is not a title insurance product and does not provide any form of coverage. This product is not a guarantee or assurance, and does not warrant, or otherwise insure,any condition, fact or circumstance. This product does not obligate this Company to issue any policies of title insurance for any subsequent transaction based on the information provided or involving the property described herein. This Company's sole liability for any error(s)relating to this product is limited to the amount that was paid for this product. COMMITMENT FOR TITLE INSURANCE SCHEDULE B—Section 2 EXCEPTIONS Order Number: 932903 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed bylaw and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters,if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection,soil conservation or other district or homeowners association or inclusion in any water service or street improvement area. 10.Reservations and exceptions in Deeds from City of Aspen recorded: Book 59 at Pave 78: Book 59 at Page 117: Book 59 at Page 196 and Book 59 at Page n7 11.Any and all mineral rights conveyed in Deeds recorded: in Book 106 at Page 492;Book 12 S at Page I.,Mal- 131 at Pane U;Book 475 at Page 676, 12.Ordinance recorded July 15,1993 in Book 719 at Page 47 as Reception No 359975 13.Ordinance recorded May 31,1995 in Book 782 at Page 358. 14.Ordinance recorded September 3,1997 as Reception No 407979 15. Resolution recorded March 11, 1998 as Reception No 414434. 16.PUD and Subdivision Agreement recorded October 23,1998 as Reception No.42363.2. 17.Notice of Withdrawal of Area Reserved for Qualified Residences recorded September 27,2000 as Reception No. 447426. 18.Easement Agreement recorded September 27,2000 as Reception No447428. 19.All matters shown on the plat of Bell Mountain Subdivision&PUD plat recorded in Plat Book 47 at Page 32 and Condominium Map of Bell Mountain Residences Condominium recorded in Plat Book 54 at Page 5? and Notice of Correction ofClerical, Typographical and Technical Error in Condominium Map recorded January 19,2001 as Reception No.450624. 20.All matters shown on the Condominium Map of Bell Mountain Qualified Residences Condominiums recorded in Plat Book 54 at Page 60. 21.Condominium Declaration For Bell Mountain Residences recorded October 19,2000 as Reception No 448076 and First Amendment recorded February 22,2007 as Reception No.534722. 22.Occupancy and Rental/resale Deed Restriction and Agreement recorded December 28,2000 as Reception No. 450014. 23.Notice recorded January 5,2001 as Reception No.45(1304. 24.Notice of Right ofFirst Refusal Offer Agreement recorded March 5,2001 as Reception No.45 076 and Assignment recorded March 5,2001 as Reception No 452077. 25.Reservations contained in the Deed recorded May 30,2002 as Reception No 468091 ®0 CiTY OF ASP[-;N COMMUNii=Y DEVELOPMENT DEPARTMENT Afircernent for Payment of C' cP A,---Ilavelo m n fie CITY OF ASPEN(hcrainafttr CITY)and a (hersinrifter APPLICANT)AGREE AS FOLLOWS: a 1. APPLiCANNT Kan.ubmiaed to CITY an spplication for (horeinefter,THE PROJECT). , doe * mendtttant 2. APPLICANT wndetstands and 4gn.,5 t;rt the City of Asprn has an adopted fee squoture for Land Use Epplicatiors and (b:payment of all processing re.cs is a condition precedent to a determination of spplication eoMplateness, 3. APPLICANT and CITY egret that because of the size,nature or scope of tiro propo5ed project;it in not possible at this tine to 85eertnln the full extent of the costa Involved In processing tho application. APPLICANT and CiTY further agree that It Is In the Interest of the parties that APPLICANT make payment of an initial doposh and to thereafter permlt addltlonnl co5ts to be billed to APPLICANT on a monthly basis. APPLICANTagrees additional costs may accrue following their hosrings and/or approvals. APPLICANT agrees he will be benefited by retaining grcatar cnsh 14.0dity and will make additional payments upon notifloation by the CITY when they are necessary as costs are incur of recavdrlr,g its full costs to process red. CITY agrees It will be bonsffted through the greater certainty ess APPLICANT'S application. 4. CITY and APPLICANT ffi further agree t1at It la impracticable far CITY etafr to ootnplete processing or present sufficient information to the Hl9toria Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commisslon and/or City Council to make legally required findings for project vvnaiderstlon,unless eurrocq billings are paid in full prior to decision, S. Therefofa, APPLICANT agrees that in cansldt:ration of the CITY's waiver of its right to collect full fees prior to a determination of application comploteness, APPLICANT shall pay an initial deposit in tho emountofS 95?.00 which Is for_3 hoJrs of Community Development staff time, and if actual recorded costs exceed the Inhlal deposit,APPLICANT shall pay additional monthly billings to CITY to relmbune The CITY for the processing of the application me, tioned above,Including post approval review at a rate of 5245.00 per planner hour over the Initial deposit. Such perlodlc payments shall ba made within 30 days of the blUing date, APPLICANT further agrees that failure to pay such aconred costs shall be grounds fbr suspension of processing,and in no case will building permits be issued until nil costs associated with case processing have been paid, CITY OF ASPEN APPLICANT �► By / Chris Bentlon By` Community Development Uirectur Date! 91111ng Addreaa and Tele hone Numb Craig and Lee 17111iams 5 7 ear CXEp ' '•'rPf7lah..T TX /7NGG ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Bell Mountain Qualified Residences Condominiumization/Plat Applicant: Craig and Lee Williams Amendment Location: 310 , 312 , 314 , 6 and S South �r Street Zone District: Bel 1 Mc�unfia i n Prm Lot Size: Lot Area: (for the purposes of calculating Floor Area,Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing:N/A Proposed: N/A Number of residential units: Existing:2 Proposed: 5 Number of bedrooms: Existing:S Proposed: S Proposed %of demolition (Historic properties only):N/A DIMENSIONS: No changes . Floor Area: Existing: Allowable: Proposed: Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On-Site parking: Existing. Required: Proposed: % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined F/R: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed. Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Distance Between Existing Required. Proposed.• Buildings Existing non-conformities or encroachments:N/A Variations requested: N/A rNsrMJTr- ►��G g $ ASPEN MUBIG Q+° wc FESTIVAL TENT GILLESPIE ST. ST. m F = 15 sr N BAY ST. tlp IN s INS avE, AwMlu cr. _ TOBY N LN � ST. p T ST. �. SOALE: I" = IOOd 9�c CITY OF ASPEN ASPEN VIGIN ITY MAP SKI Arm,