HomeMy WebLinkAboutLand Use Case.360 Lake Ave.0010.2014.ASLU THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0010.2014.ASLU
PARCEL ID NUMBERS 273512132001
PROJECTS ADDRESS 360 LAKE
PLANNER JUSTIN BARKER
CASE DESCRIPTION SUBDIVISION
REPRESENTATIVE STEEV WILSON
DATE OF FINAL ACTION 3.25.14
CLOSED BY ANGELA SCOREY ON: 3.25.14
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ORDINANCE NO. 5
(SERIES OF 2014)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY O
APPROVING AN AMENDMENT TO CONDITIONS 6 AND
SERIES 1990, WHICH ESTABLISHED THE E M F ASPEN, COLORADO,
LEGALLY DESCRIBED AS: LOTS 1 & Z, ERD AN PARTN E SH PD
LOT SPL T,
THE PLAT THEREOF RECORDED NOVEMBER 26, 1990 SPLIT, ACCORDING TO
IN PLAT BOOK 25 AT
PAGE 42, CITY OF ASPEN, PITKIN COUNTY, COLORADO,
PARCEL IDs: 2735-121-32.001, 2735-121-32-002
WHEREAS, the Community Development Department received an
LLC, represented by Steev Wilson, Forum Phi, requesting approval application from Bell 26,
o
Ordinance 66, Series of 1990 which established the Erdman Partnership of Split; amendment to
WHEREAS, the property is zoned Medium Density Residential, p d, Split; and,
Y dential, R-6; and,
WHEREAS, upon initial review of the application and the applicable
Community Development Department recommended in favor of the proposed PP ble code standards, the
WHEREAS P p sed amendment; and,
pursuant to Section 26.480,080, the City Council ma a
Amendment, during a duly noticed public hearing after considering comments
Public, a recommendation from the Community Develo Development Y approve a Subdivision
from relevant referral agencies; and, r menu from the general
P Director, and recommendations
WHEREAS, the Aspen City Council has reviewed and considered the development
the applicable provisions of the Municipal Code as identified herein, has reviewed
the recommendation of the Community Development Direc proposal under
has taken and considered public comment at a public hearing; the applicable referral agencne Berea
tor
g; and,
WHEREAS, during a duly noticed public hearing on March 10, 2014, the
Ordinance No. 5, Series of 2014, by a three to one (3 — 1) vote, a PP rovin g an amendment to
Ordinance 66, Series of 1990 through a Subdivision Amendment City Council approved
, and,
WHEREAS, the City Council finds that the development proposal meets or e xceeds all applicable
development standards; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion
of public health, safety, and welfare,
NOW, THEREFOR, BE IT ORDAINED BY THE CITY COUNCIL
ASPEN AS FOLLOWS; OF THE CITY OF
Ordinance No 5, Series 2014
Page I of 3
Section 1: Approvals
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, Cit
Council herby amends Conditions 6 and 7 of Ordinance 66, Series of 1990 to state: y
6. Condition 6 is hereby stricken in its entirety.
7. Condition 7 is hereby stricken in its entirety.
Section 2: Severability
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
Portions thereof.
Section 3: Existing Liti anon
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 4: Approvals
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the Planning and Zoning Commission or City Council, are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein by an authorized entity. unless
Section 5: Public Hearing
A public hearing on this ordinance shall be held on the 10`h day of March, 2014, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall
be published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 10`h day of February, 2014.
Attest:
*Kathryn ,
Steven Skadr n, Mayor
Ordinance No 5, Series 2014
Page 2 of 3
FINALLY,adopted, passed and approved this t day of n, ,2014.
Attest:
Kathryn S. ch, City Clerk Stev � Skadron,Mayor
Approved as to form:
Am True, City Attorney
Ordinance No 5, Series 2014
Page 3 of 3
P143
Regular Meeting Aspen City Council March 10,2014
V1.I
Councilman Frisch moved to read Ordinance #7, Series of 2014; seconded by Councilman
Romero. All in favor, motion carried.
ORDINANCE No. 7
(Series of 2014)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO
CHAPTER 26.575—MISCELLANEOUS SUPPLEMENTAL REGULATIONS, CHAPTER
26.104.100—DEFINITIONS, AND CHAPTER 26.314—NONCONFORMITIES OF THE CITY
OF ASPEN LAND USE CODE.
Councilman Frisch moved to adopt Ordinance #7, Series of 2014; seconded by Councilwoman
Mullins. Roll call vote; Councilmembers Frisch, yes; Romero, yes; Mullins, yes; Mayor
Skadron, yes. Motion carried.
RESOLUTION#17, SERIES OF 2014 - Transportation Impact Analysis Guidelines
Jessica Garrow, community development department, noted staff would like input from Council
in order to develop a transportation mitigation system for development to create a consistent, fair
and predictable system. Currently there are no clearly defined guidelines in the land use code.
The proposal is to explain what development is required to mitigate for their transportation
impacts and how they would do that. This is based on Aspen-specific trip counts for the
different uses as well as mitigation measures tailored for the Aspen area. Staff has done outreach
and received some feedback and the development community is supportive as it is creating a
clearer process and predictability.
Ms. Garrow pointed out this is a tiered system, single family and duplex developments are totally
exempt from the system as is minor development. Any other development inside the roundabout
has to go through the system as well as outside the roundabout, which may have more specific
requirements as their traffic demand is larger.
Mayor Skadron opened the public hearing. There were no comments. Mayor Skadron closed
the public hearing.
Councilman Romero moved to approve Resolution #17, Series of 2014, seconded by -
Councilwoman Mullins. All in favor, motion carried.
ORDINANCE #5, SERIES OF 2014—Erdman Partnership Lot Split—Subdivision
Amendment
P144
A.' Regular Meeting Aspen City Council March 10,2014
Justin Barker, community development department, reminded Council this is a request to amend
Ordinance #66, Series of 1990, to remove a condition regarding affordable housing mitigation.
This is two lots on Lake Avenue; one lot contains a single family dwelling with an ADU and a
vacant lot. Ordinance #66, 1990, creating the lot split has a condition stating each property
provide an ADU as affordable housing mitigation, which at the time was the only form of
housing mitigation for a lot split. Barker said the request is to allow housing mitigation available
to an applicant at the time of building permit, which would include affordable housing credits
and cash-in-lieu. Barker said Council has expressed concern over piecemealing different land
use codes; this is not that situation but replacing an old land use code with a new land use code.
Staff recommends approval removing the condition to require filing deed restrictions on ADUs
in case that is not the type of mitigation provided on this property.
Mayor Skadron said dismissing ADUs is the wrong direction and the city should push toward
populating ADUs. This would reinforce exclusivity and the city should support diminishing
barriers toward locals. Mayor Skadron said the AACP addresses community balance rather than
becoming an increasingly exclusive community and Council should take every step to remain
inclusive. Councilwoman Mullins said the current city housing requirements are good but tend
to create clusters of affordable housing. Councilwoman Mullins stated she would support
exploring ways to make owners rent their ADUs.
Mayor Skadron opened the public hearing. There were no comments. Mayor Skadron closed
the public hearing.
Councilman Frisch moved to adopt Ordinance #5, Series of 2014, on second reading; seconded
by Councilman Romero. Roll call vote; Frisch, yes; Romero, yes; Mullins, yes; Mayor Skadron,
no. Motion carried.
NOTICE OF HPC CONCEPTUAL APPROVAL 549 RACE ALLEY CALL UP
Mayor Skadron recused. Jennifer Phelan, community development department, reminded
Council there is a procedure for Council to call up decisions made by HPC. This property is part
of the Fox Crossing subdivision, which contains two historic cabins and a miner's cottage. This
property is the Victorian miner's cottage. The proposal is to rehabilitate and add onto the
cottage, which was approved at HPC by a 5 to 1 vote. Councilwoman Mullins pointed out there
is no site plan in the packet or any graphics to illustrate how it will fit within the neighborhood.
Councilwoman Mullins suggested this be continued to the next meeting for sites plans and for
Councilman Daily to be present. Council agreed.
ORDINANCE #51, SERIES OF 2013—Hotel Aspen PUD, Subdivision Rezoning
MEMORANDUM
TO: Mayor Skadron and Aspen City Council
THRU: Chris Bendon, Community Development Director
FROM: Justin Barker, Planner
RE: Second Reading of Ordinance No. 5, Series of 2014 - Erdman Partnership Lot Split
— Subdivision Amendment
MEETING DATE: March 10, 2014
APPLICANT: SUMMARY:
Bell 26, LLC he Applicant requests an amendment to
Ordinance 66, Series of 1990 which created the
REPRESENTATIVE: rdman Partnership Lot Split. The applicant
Steev Wilson, Forum Phi equests to amend the Ordinance to remove
Condition 6 of the Ordinance that requires an
LOCATION: DU for affordable housing mitigation for each
Erdman Partnership Lot Split, lot. The property would be required to mee
360 Lake Avenue affordable housing mitigation requirements in
he Code at the time of building permit submittal.
CURRENT ZONING& USE: This would allow for the use of Affordable
-6, single-family home + ADU ousing Credits or cash-in-lieu as mitigation
vacant lot options.
PROPOSED LAND USE: STAFF RECOMMENDATION:
One single-family home per lot Staff recommends approval of the request.
LAND USE REQUESTS AND REVIEW PROCEDURES:
The Applicant is requesting the following land use approvals:
• Subdivision Amendment to remove Condition 6 of Ordinance 66, Series of 1990 pursuant
to Land Use Code Section 26.480.080.13 (City Council is the final review authority_).
PROJECT BACKGROUND:
The Applicant has requested an "Other Amendment" to the subdivision approval granted for the
Erdman Partnership Lot Split through Ordinance 66, Series of 1990. A copy of the original
Ordinance is included in the Application, attached as Exhibit B. In 1990, the property was
divided into two (2) lots: Lot 1, which includes an existing single-family home with ADU, and
Lot 2 which is vacant. The approval required an Accessory Dwelling Unit (ADU) to be included
on each lot as mitigation for when new development occurs. This was the only housing
1
mitigation option outlined in the 1990 code, which is why it was included as a condition. Lot 2
has remained undeveloped.
PROJECT SUMMARY:
Lot 1 currently contains an ADU that is approximately 628 square feet. The ADU is deed-
restricted as a Resident Occupied (RO) dwelling unit and is currently un-rented and unoccupied.
The Applicant requests that the Ordinance condition requiring housing mitigation in the form of
an ADU be removed to enable the applicant to use today's code, which outlines a number of
different options for housing mitigation. This includes providing an ADU, paying a cash-in-lieu
fee, or purchasing an Affordable Housing Credit. The applicant has stated that purchasing an
Affordable Housing Credit or paying a cash-in-lieu fee for the existing structure would serve
more as a benefit to the community than an unoccupied ADU. Any structure on Lot 2 would be
granted the options for mitigation under the Code at time of building permit.
STAFF EVALUATION:
Subdivision Amendment—The Applicant is requesting to remove Condition 6 of Ordinance 66,
Series of 1990. The condition currently reads: "An Accessory Dwelling Unit must be included
on each lotfor which development is proposed as a requirement of this Lot Split. Each Accessory
Dwelling Unit must comply with the Housing Authority's requirements and must receive
Conditional Use approval by the Aspen Planning and Zoning Commission. "
At the time, this was the only form of housing mitigation allowed for a Lot Split under the Land
Use Code. Today, an applicant has the following six (6) options for mitigating new
development, pursuant to Section 26.470.060 of the Land Use Code:
1) Providing an above-grade, detached accessory dwelling unit (ADU) or a carriage
house pursuant to Chapter 26.520, Accessory Dwelling Units and Carriage Houses;
2) Providing an accessory dwelling unit, or a carriage house, authorized through special
review to be attached and/or partially or fully subgrade, pursuant to Chapter 26.520;
3) Providing an off-site affordable housing unit within the Aspen Infill Area accepted
by the Aspen/Pitkin County Housing Authority and deed-restricted in accordance
with the Aspen/Pitkin County Housing Authority Guidelines, as amended;
4) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin
County Housing Authority Guidelines, as amended; or
5) Recording a resident-occupancy (RO) deed restriction on the single-family dwelling
unit being constructed.
6) Providing a Certificate of Affordable Housing Credit as mitigation, pursuant to
Section 26.540.060 Authority of the Certificate, commensurate with the net increase
of square footage, according to Aspen/Pitkin County Housing Authority Guidelines,
as amended.
2
The applicant is requesting to remove Condition 6. This will enable any future development on
the property to be subject to the affordable housing mitigation in place at the time of any
building permit.
In addition, Condition 7 of the Ordinance states, "Prior to issuance of any building permits,
Deed Restrictions for the Accessory Dwelling Units shall be approved by the Housing Authority
and recorded by the Pitkin County Clerk and Recorder's Office. "
Condition 7 becomes obsolete if Condition 6 is removed — if the applicant chooses a different
form of mitigation this section is unenforceable and could create confusion. The applicant has
not requested to amend this language, but staff recommends the language be eliminated.
At first reading, Council asked for clarification on how this request is different than previous
discussions regarding the property. The concern was over taking pieces from different Land Use
Codes to create a situation that would not be permitted under either Code. Council agreed that
either Code would be acceptable, but not parts of both. In this situation, they are replacing a
mitigation requirement of the old Land Use Code with whatever mitigation requirement is in
place under the current Code. There is no situation being created that is a combination of both
Codes.
REFERRAL COMMENTS:
APCHA has reviewed this project and recommended in favor of the proposal.
STAFF RECOMMENDATION:
Staff finds the request meets the Subdivision review criteria. The request will bring the property
into conformance with current Code and the different options for mitigating new development
when it occurs. The six options currently outlined in the code may change in the future as the
City continues to refine its growth management system. Staff therefore recommends that the
amendment allow any development to be subject to the affordable housing requirements in place
at the time of a building permit. Specifically, Staff recommends in favor of eliminating
Conditions 6 & 7, as Condition 7 becomes confusing if Condition 6 is removed from the
Ordinance and other mitigation methods are used.
Staff recommends APPROVAL of the request.
RECOMMENDED MOTION(ALL MOTIONS ARE IN THE AFFIRMATIVE):
"I move to approve the request to remove Conditions 6 and 7 of Ordinance 66, Series of 1990
which granted the Erdman Partnership Lot Split, as noted in Ordinance No. 5, Series of 2014."
EXHIBITS:
A. Review Criteria—Minor Amendment
B. Ordinance 66, Series of 1990
C. Application
3
ORDINANCE NO. 5
(SERIES OF 2014)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING AN AMENDMENT TO CONDITIONS 6 AND 7 OF ORDINANCE 66,
SERIES 1990, WHICH ESTABLISHED THE ERDMAN PARTNERSHIP LOT SPLIT,
LEGALLY DESCRIBED AS: LOTS 1 & 2, ERDMAN LOT SPLIT, ACCORDING TO
THE PLAT THEREOF RECORDED NOVEMBER 26, 1990 IN PLAT BOOK 25 AT
PAGE 42, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
PARCEL IDs: 2735-121-32-001, 2735-121-32-002
WHEREAS, the Community Development Department received an application from Bell 26,
LLC, represented by Steev Wilson, Forum Phi, requesting approval of an amendment to
Ordinance 66, Series of 1990 which established the Erdman Partnership Lot Split; and,
WHEREAS, the property is zoned Medium Density Residential, R-6; and,
WHEREAS, upon initial review of the application and the applicable code standards, the
Community Development Department recommended in favor of the proposed amendment; and,
WHEREAS, pursuant to Section 26.480.080, the City Council may approve a Subdivision
Amendment, during a duly noticed public hearing after considering comments from the general
public, a recommendation from the Community Development Director, and recommendations
from relevant referral agencies; and,
WHEREAS, the Aspen City Council has reviewed and considered the development proposal under
the applicable provisions of the Municipal Code as identified herein, has reviewed and considered
the recommendation of the Community Development Director, the applicable referral agencies, and
has taken and considered public comment at a public hearing; and,
WHEREAS, during a duly noticed public hearing on March 10, 2014, the City Council approved
Ordinance No. 5, Series of 2014, by a to (_ _) vote, approving an amendment to
Ordinance 66, Series of 1990 through a Subdivision Amendment; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable
development standards; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion
of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN AS FOLLOWS:
Ordinance No 5, Series 2014
Page 1 of 3
Section 1: Approvals
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City
Council herby amends Conditions 6 and 7 of Ordinance 66, Series of 1990 to state:
6. Condition 6 is hereby stricken in its entirety.
7. Condition 7 is hereby stricken in its entirety.
Section 2: Severability
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
_Section 3: Existing Litigation
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 4: Approvals
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the Planning and Zoning Commission or City Council, are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein, unless
amended by an authorized entity.
Section 5: Public Hearing
A public hearing on this ordinance shall be held on the 10th" day of March, 2014, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall
be published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 10th day of February, 2014.
Attest:
Kathryn S. Koch, City Clerk Steven Skadron, Mayor
Ordinance No 5, Series 2014
Page 2 of 3
FINALLY, adopted, passed and approved this_day of ,2014.
Attest:
Kathryn S. Koch,City Clerk Steven Skadron, Mayor
Approved as to form:
City Attorney
Ordinance No 5, Series 2014
Page 3 of 3
EXHIBIT A
26.480.090. Subdivision Amendments
C. Minor amendment. An amendment to an approved subdivision found to be generally
consistent with the original approval but which does not qualify for an insubstantial amendment
may be approved, approved with conditions, or denied by the City Council. The amendment
must either respond to issues raised during the original review or must address an issue that
could not have been reasonably anticipated during the review. The City Council must find that
the change is minor and that it is consistent with or an improvement to the approved subdivision.
Notwithstanding the above, the City Council may find that an amendment request is substantial
and should require review as a Major Amendment.
Staff Findings: The applicant proposes to amend the language in the original approval
Ordinance, Ordinance 66 Series of 1990. That ordinance approved a lot split for the property,
creating Lot 1 and Lot 2 of the Erdman Partnership Lot Split Subdivision. At the time, the land
use code required that any new home have an Accessory Dwelling Unit provided as affordable
housing mitigation. Today, the land use code establishes a number of options for the
development of a new home. These include Cash-in-lieu, the use of an Affordable Housing
Credit, or the construction of an ADU. The applicant is interested in amending the approval to
take advantage of the existing options outlined in the code. Today's code provides more
flexibility then the code in place in 1992. Staff finds that the request is consistent with the
original approval because it reverts to the code in place at the time of the proposed development.
Staff recommends in favor of the change.
EXHIBIT B
ORDINANCE N0. 66
(SERIES OF 1990)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION
EXEMPTION FOR THE ERDMAN PARTNERSHIP LOT SPLIT, DESCRIBED IN
METES AND BOUNDS, AT THE S.E. CORNER OF GILLESPIE ST. AND LAKE
AVE.
WHEREAS, pursuant to Section 7-1003 of the Aspen Land Use
Code (revision date August 1989) , a Lot Split is a subdivision
exemption by the City Council; and
WHEREAS, The Erdman Partnership, represented by Donnelley
Erdman, has submitted an application for the lot split of a
32 ,855 . 5 square foot parcel described in metes and bounds in the
SE 1/4 NE 1/4 of Section 12 , Township 10 South, Range 85 west of
the sixth P.M. , City of Aspen) ; and
WHEREAS, the Engineering Department, having reviewed the
application has made referral comments and addendums; and
WHEREAS, the Planning Office, having reviewed the
application pursuant to Section 7-1003, and reviewing referral
comments from Engineering, recommends approval with the following
conditions:
1. One joint driveway access will be allowed for both lots via
the 20' access easement.
2 . Prior to filing a final plat the applicant shall agree to
3oin any future improvement districts.
3 . The plat shall indicate the edge of street pavement or curb
line and the existing fence and drainage ditch along the
10 1
south boundary of the property.
4. The final plat shall indicate that prior to issuance of a
building permit for development on either lot, the applicant
shall submit a drainage plan to the Engineering Department
and do any necessary improvements to the ditch along the
south boundary of the parcel.
5. The following FAR and site coverage limits will be:
Lot 1• FAR maximum - 4,468 s. f. ; Site Coverage - 200 (4,791
s. f. )
Tot 2: FAR maximum - 3 ,449 s.f. (access easement is
subtracted from lot area for calculating FAR) ; Site Coverage
- 30.340 (2,700 s. f. )
6. An Accessory Dwelling Unit must be included on each lot for
which development is proposed as a requirement of this Lot
Split. Each Accessory Dwelling Unit must comply with the
Housing Authority's requirements and must receive
Conditional Use approval by the Aspen Planning and Zoning
Commission.
7. Prior to issuance of any building permits, Deed Restrictions
for the Accessory Dwelling Units shall be approved by the
Housing Authority and recorded by the Pitkin County Clerk
and Recorder's Office.
8. Development proposed for any lot(s) resulting from this lot
split shall conform to the terms and requirements of the
Hallam Lake Bluff Environmentally Sensitive Area (ESA) if
applicable.
2
9. A Subdivision Exemption Agreement listing the conditions of
( approval shall be included as a note section on the final
plat.
10. The final plat will be signed by the Planning Office and
recorded by the City Clerk only upon complete satisfaction
of all of the above conditions.
WHEREAS, the Aspen City Council having considered the
Planning Office's recommendations for the lot split does wish to
grant the requested Subdivision Exemption for the Erdman Lot
Split.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1:
That it does hereby grant a Subdivision Exemption for a Lot
Split, with the conditions recommended by the Planning Office, to
the 32 ,855.5 s. f. parcel described in this ordinance.
Section 2:
That the City Clerk be and hereby is directed, upon the
adoption of this ordinance, to record a copy of this ordinance in
the office of the Pitkin County Clerk and Recorder.
Section 3:
A public hearing on- the -Ordinance shall be -held- on the
day of 1990 at 5: 00 P.M. in the City Council Chambers,
Aspen City Hall , Aspen Colorado, fifteen (15) days prior to which
a hearing of public notice of the same shall be published in a
E�� 3
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
1990.
William L. Stirling, Mayor
ATT ST: =
och`, y Clerk city Kathry n S K
FINALLY, adopted, passed and approved this day of
�� William L. Stirling, ayor
Kathxyn S Koch, City Clerk
t,
1
EXHIBIT C
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Sara Adams—970.429.2778 DATE: 1.22.14
PROJECT: 360 Lake Avenue, Lot 1 of the Erdman Partnership Lot Split,Subdivision
Amendment
REPRESENTATIVE: Lori Dunn, Forum Phi
TYPE OF APPLICATION: Subdivision, Minor Amendment
DESCRIPTION: The Erdman Partnership Lot Split (13k. 25, Pg. 42) was approved in 1990 via City Council
Ordinance 66, Series of 1990. The applicant is interested in removing section 6 of Ordinance 66, Series of 1990
that requires an ADU for affordable housing mitigation for each lot. The proposal is to remove Section 6 entirely
and to allow the property to meet the affordable housing mitigation requirements in the Code at the time of building
permit submittal (the Code currently allows affordable housing credits to be landed as mitigation).
The Applicant will need to submit a Land Use Application requesting a Minor Subdivision Amendment which is a
one step review before City Council. Please note that the Subdivision Chapter of has been updated since the last
application was submitted for a subdivision amendment in 2013.
Below are links to the Land Use Application form and Land Use Code for your convenience.
Land Use Application Form: Land Use ) fp icatiori
Land Use Code: Land Use Code
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.480.090.0 Subdivision Minor Amendment
Review by: - Planning Staff for compliance/completeness
- City Council
Public Hearing: Required
Planning Fees: $4550 Deposit for 14 hours of staff tirne. Additional staff time required is billed at
$325/hour
Referral Fees: $650 Housing.
"
Total Deposit: $ 5200.
Total Number of Application Copies: Ten (10) for Council JAN 14 2014
C11 Y 01. A8I"'awN
To apply, submit the following information: i1$ili`i I, 4'f i( qngf
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. A written description of the proposal and a written explanation of how a proposed development
complies with the review standards relevant to the development application.
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.
it
Erdman Partnership Lot Split Subdivision Amendment
Modification to allow Fee in Lieu or Affordable Housing Credits
The Erdman Partnership Lot Split (Bk. 25, Pg.42)was approved in 1990 via City Council Ordinance 66,
Series of 1990. The Ordinance specifies that each Lot of this tot split(Lot-1 and Lot-2)would be responsible
to:
• Create an ADU which complies with the standards of the housing authority(note 6)
• File a Deed Restriction which has been approved by the housing authority for any ADU's which are
created (note 7)
The existing residence at 360 Lake has and ADU which was approved and deed restricted. The deed
restriction does not require occupancy or rental as part of ti}e restriction. The ADU currently exists and is
un-rented and unoccupied.
It is the desire of our client to mitigate the ADU as we would typically be allowed using the code as it exists
today.This would allow for two additional mitigation methods,the first being to pay the fee in lieu for based
on the FAR constructed OR second to offset using affordable housing credits. This would modify note 6 to
require the mitigation for employee housing using the code current at the time of permit submission.
It is our belief that purchasing an affordable housing credit for a unit that is already constructed and likely
occupied, or contributing via fee in lieu towards the city's ongoing employee housing construction,will be
more beneficial to the community than is an unoccupied ADU at 360 Lake Ave.This would bring the subject
properties rnore into conformance with the current code and with that conformance we hope more into line
with the city's goals.
- FORUM PHI
° 715 W Main St, Ste 204
Aspen,CO 81611
P:(970)2791157
1 ! F:(866)770-5585
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360 Lake Ave
Aspen,CO 81611
Bell 26, LLC
CONSULTANT
CONTRACTOR
SITE LOCATION TBD
- - DATE OF PUBLICATION 1 12 412 0 1 4
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Aspen,CO 61611
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Aspen,CO 81611
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS F PROPERTY:
V V t C(1 C4�1F1 �.X�1-G. - , Aspen, CO
CHEDULED PUBLIC HEARING DATE:
STATE OF COLORADO )
ss.
County of Pitkin ) Q
(name, please print).
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen(15) days prior to the public hearing
on the day of , 20 , to and including the date and time
of the public hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
Neighborhood Outreach: Applicant attests that neighborhood outreach,
summarized and attached, was conducted prior to the first public hearing as
required in Section 26.304.035, Neighborhood Outreach. A copy of the
neighborhood outreach summary, including the method of public notification and
a copy of any documentation that was presented to the public is attached hereto.
(continued 071 next page)
Mineral Estate Owner Notice. By the certified mailing of notice, return receipt
requested, to affected mineral estate owners by at least thirty(30) days pri or to the
date scheduled for the initial public hearing on the application of development.
The names and addresses of mineral estate owners shall be those on the current
tax records of Pitkin County. At a minimum, Subdivisions, SPAS or PUDs that
create more than one lot, new Planned Unit Developments, and new Specially
Planned Areas, are subject to this notice requirement.
Rezoning or text amendment. Whenever the official zoning district map is in any ,
way to be changed or amended incidental to or as part of a general revision of this
Title, or whenever the text of this Title is to be amended, whether such revision be
made by repeal of this Title and enactment of a new land use regulation, or
otherwise, the requirement of an accurate survey map or other sufficient legal
description of, and the notice to and listing of names and addresses of owners of
real property in the area of the proposed change shall be waived. However, the
proposed zoning map shall be available for public inspection .in the planning
agency during all business hours for fifteen (15) days prior to the public hearing
on such amendments.
Signatur
The foregoing "Affidavit of Notice" was acknowledged before me this day
of �f7 �u , 20 (( ,by �►Q���14q �� 1✓1
PUBLIC NOTICE
RE;_Erdman Partnership Lot Split-Lot Split
Amendment 1� AND OFFICIAL C T
NOTICE IS HEREBY GIVEN that a public hearing WITNESS 1v1 1 HAND tilt/lJ SEAL
will be held on Monday March 10,2014,at a
meeting to begin at 5:00 p.m.before the Aspen
City Council,Council Chambers Meeting Room,
City all,130 S.Galena St.,Aspen,to consider an ,{
application submitted by Bell 26,LLC,P.O.Box My ommission expires:�5
1860,Bentonville,AR 72712,represented by Fo- -
rum Phi. The applicant is requesting an amend- '
ment to the affordable housing mitigation require-
. ments outlined in their 1990 Lot Split Approval via
Ordinance 66,Series of 1990. The requested
amendment would allow the applicant to utilize the -
code in effect today as it relates to affordable tary Public
housing mitigation. The applicant is requesting the QQ Y P
following land use reviews from City Council: Sub- '(�a:•+•.:;el
division Amendment. For further information,con- ®�•• •/
tact Justin Barker at the City of Aspen Community .�
Development Department,130 S.Galena St.,As-
pen,CO,(970)429-2797,justin.barker@cityo-
fasp6n.com. LI (�fi .
faspen.com.
s/Steven Skadron.Mayor a !,Ii A N I NG .°
Aspen City Council 'H ENTS AS APPLICABLE:
20ublishedd21 the Aspen Times on February 20, �4TION
�i
• PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES 4*#Dhores 03/912014
• BYMAIL
• APPLICANT CERTIFICATION OF MINERAL ES TAE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24-65.5-103.3
:U°I.11 AN I I OU 1't BIA NO] 1CF,
t{F:(fl. IK1:U In til..("1 ION 26.304.060 (F), AtiM"A 1..\\1)
vi)1)i{t';tiff Oi._ 1"!{UNI:I{ Il : 360 1.:►1.r t►�c, ��lii'n, ('t)
Pt 111.1( lit; t{1\C. I):, I F:: N1a1-rlt 10, 2014
s I ATE OF COLORADO
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2950E BROAD ST 715 W MAIN ST#101 430 PARKSON RD
COLUMBUS, OH 43209 ASPEN,CO 81611 HENDERSON, NV 89015
ASPEN CENTER FOR ENVIRONMENTAL BART QUAL PER RES TRST BELL 26 LLC
STUDIES 909 POYDRAS ST 20TH FL PO BOX 1860
100 PUPPY SMITH ST NEW ORLEANS, LA 70112 BENTONVILLE,AR 72712
ATTN KATIE SCHWOERER
ASPEN,CO 81611
BERGER BRUCE C 2011 QPRT#1 50% CHATFIELD CROSSINGS INC E A ALTEMUS PARTNERSHIP LLLP
BERGER BARBARA 2011 QPRT#150% C/O DWORMAN DARRYL PO BOX 5000
600 E HOPKINS AVE#202 65 W 55TH ST STE 4A ASPEN, CO 81612
ASPEN,CO 81611 NEWYORK, NY 10019
FAUQUET LLC GILLESPIE LLC
EFH HOLDINGS LP 191 N WACKER DR#1800
NOR
PO BOX 8770 BLVD 05 CHICAGO, IL 60606
ASPEN,CO 81612 ORTHBRO BROOK, IL 600 062
HUNT ELLEN B LEYDECKER SUZANNE LYNNE 700 N WATER SOT#1200 MARIANNE S
PO BOX 8770 710 N THIRD ST UNIT A
ASPEN,CO 81612 ASPEN,CO 81611 MILWAUKEE,WI 53202-4206
RANDALL EDWARD 111 50%
MUSTANG HOLDINGS LLC OAK LODGE LLC FIVE POST OAK PARK#2580
715 W MAIN ST#201 PO BOX 7951 4400 POST OAK PKWY
ASPEN,CO 81611 ASPEN, CO 81612 HOUSTON,TX 77027
RANDALL ELLEN MIDDLETON TRUST RIVERSIDE AVENUE LLC WALNUT CREEK RANCH LLC
50% 410 LAKE AVE 4520 MAIN ST STE 1060
600 JEFFERSON STE#350 ASPEN,CO 81611 KANSAS CITY, MO 64111-1816
HOUSTON,TX 77002
WESNER BLAINE F&ALEXA
WOOD DUCK REALTY CORP ZILKHA SELIM K TRUST 750 LAUSANNE RD
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AUSTIN,TX 78746 NE
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Regular Meeting Aspen City Council February 10,2014
Councilman Romero moved to read Ordinance #4, Series of 2014; seconded by Councilman
Frisch. All in favor, motion carried.
ORDINANCE NO. 4
(SERIES OF 2014)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING THE DEVELOPMENT OF AFFORDABLE HOUSING OUTSIDE CITY
LIMITS AND THE ESTABLISHMENT OF A CERTIFICATE OF AFFORDABLE HOUSING
CREDITS FOR THE PROPERTY LEGALLY DESCRIBED AS UNIT B, PACIFIC AVE
CONDOMINIUMS, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 9, 2006
IN PLAT BOOK 80 AT PAGE 79 AND COMMONLY DESCRIBED AS 412 AABC
Councilman Romero moved to adopt Ordinance #4, Series of 2014, on first reading; seconded by
Councilman Frisch. Roll call vote; Councilmembers Frisch, yes; Romero, yes; Mullins, yes;
Mayor Skadron, yes. Motion carried.
Councilman Romero said for second reading he would like to know how many units have been
built through the credit program and how many remain. Councilwoman Mullins said she would
like to see the distinction between the UGB and the city limits.
ORDINANCE 45 SERIES OF 2014—Erdman Partnership Lot Split—Subdivision
Amendment
Justin Barker, community development department, pointed out this is two properties on Lake
Avenue, one property contains a single family dwelling and an ADU; the other lot is vacant.
Ordinance #66, 1990, the original approving ordinance, has a condition requiring each property
provide on-site affordable dwelling unit as affordable housing mitigation. At the time, that was
the only form of housing mitigation in the land use code. Councilwoman Mullins said in the
previous discussions regarding this property, the concern was taking pieces from different land
use codes and Council agreed to stick to one adopted land use code and is the same situation.
Jim True, city attorney, said this action would be consistent with the position Council took on
this previous application.
Councilman Romero moved to read Ordinance 45, Series of 2014; seconded by Councilman
Frisch. All in favor, motion carried.
ORDINANCE NO. 5
(SERIES OF 2014)
5
Regular Meeting Aspen City Council February 10,2014
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING AN AMENDMENT TO CONDITIONS 6 AND 7 OF ORDINANCE 66, SERIES
1990, WHICH ESTABLISHED THE ERDMAN PARTNERSHIP LOT SPLIT, LEGALLY
DESCRIBED AS: LOTS 1 & 2, ERDMAN LOT SPLIT, ACCORDING TO THE PLAT
THEREOF RECORDED NOVEMBER 26, 1990 IN PLAT BOOK 25 AT PAGE 42, CITY OF
ASPEN, PITKIN COUNTY, COLORADO.
Councilman Frisch moved to adopt Ordinance#5, Series of 2014, on first reading; seconded by
Councilwoman Mullins. Roll call vote; Councilmembers Mullins, yes; Daily, yes; Romero, yes;
Frisch, yes; Mayor Skadron, yes. Motion carried.
ORDINANCE #3, SERIES OF 2014—Code Amendment Procurement
Barry Crook, assistant city manager, told Council this amendment will change the threshold
limits to raise department head approval from $5,000 to $9,999, to increase the limits for
competitive quotes requiring city manager sign off to $10,000 and $24,999, to require formal
RFPs at $25,000 and above and raise the threshold for emergency procurement that must be
reported to Council to $25,000. Crook noted if this ordinance is adopted, the thresholds can rise
by CPI every year.
Councilman Frisch moved to read Ordinance #3, Series of 2014; seconded by Councilman
Romero. All in favor, motion carried.
ORDINANCE NO. 3
(Series of 2014)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO,
AMENDING TITLE 4 OF THE ASPEN MUNICIPAL CODE,PROCUREMENT CODE.
Councilman Romero moved to adopt Ordinance #3, Series of 2014, on first reading; seconded by
Councilman Frisch. Roll call vote; Councilmembers Frisch, yes; Mullins, yes; Romero, yes;
Daily, yes; Mayor Skadron, yes. Motion carried.
ORDINANCE #6, SERIES OF 2014—Approving lease/purchase agreement IT Firewall
Don Taylor, finance department, told Council the Charter requires Council adopt an ordinance
for this type of financing for the firewall for IT.
6
MEMORANDUM
TO: Mayor Skadron and Aspen City Council
THRU: Chris Bendon, Community Development Director go
FROM: Justin Barker, Planner
RE: First Reading of Ordinance No. 5, Series of 2014 - Erdman Partnership Lot Split—
Subdivision Amendment
MEETING DATE: February 10, 2014 (Second Reading scheduled March 10, 2014)
APPLICANT: SUMMARY:
Bell 26, LLC The Applicant requests an amendment to
Ordinance 66, Series of 1990 which created the
REPRESENTATIVE: rdman Partnership Lot Split. The applicant
Steev Wilson, Forum Phi requests to amend the Ordinance to remove
Condition 6 of the Ordinance that requires an
LOCATION: DU for affordable housing mitigation for each
Erdman Partnership Lot Split, lot. The property would be required to mee
360 Lake Avenue affordable housing mitigation requirements in
he Code at the time of building permit submittal.
CURRENT ZONING&USE: This would allow for the use of Affordable
-6, single-family home + ADU/vacant lot Housing Credits or cash-in-lieu as mitigatio
ptions.
PROPOSED LAND USE:
One single-family home per lot STAFF RECOMMENDATION:
Staff recommends approval of the request.
LAND USE REQUESTS AND REVIEW PROCEDURES:
The Applicant is requesting the following land use approvals:
• Subdivision Amendment to remove Condition 6 of Ordinance 66, Series of 1990 pursuant
to Land Use Code Section 26.480.080.B (City Council is the final review authority).
PROJECT BACKGROUND:
The Applicant has requested an "Other Amendment" to the subdivision approval granted for the
Erdman Partnership Lot Split through Ordinance 66, Series of 1990. A copy of the original
Ordinance is included in the Application, attached as Exhibit B. In 1990, the property was
divided into two (2) lots: Lot 1, which includes an existing single-family home with ADU, and
Lot 2 which is vacant. The approval required an Accessory Dwelling Unit (ADU) to be included
on each lot as mitigation for when new development occurs. This was the only housing
1
mitigation option outlined in the 1990 code, which is why it was included as a condition. Lot 2
has remained undeveloped.
PROJECT SUMMARY:
Lot 1 currently contains an ADU that is approximately 628 square feet. The ADU is deed-
restricted as a Resident Occupied (RO) dwelling unit and is currently un-rented and unoccupied.
The Applicant requests that the Ordinance condition requiring housing mitigation in the form of
an ADU be removed to enable the applicant to use today's code, which outlines a number of
different options for housing mitigation. This includes providing an ADU, paying a cash-in-lieu
fee, or purchasing an Affordable.Housing Credit. The applicant has stated that purchasing an
Affordable Housing Credit or paying a cash-in-lieu fee for the existing structure would serve
more as a benefit to the community than an unoccupied ADU. Any structure on Lot 2 would be
granted the options for mitigation under the Code at time of building permit.
STAFF EVALUATION:
Subdivision Amendment—The Applicant is requesting to remove Condition 6 of Or 66,
Series of 1990. The condition currently reads: "An Accessory Dwelling Unit must be included
on each lot for which development is proposed as a requirement of this Lot Split. Each Accessory
Dwelling Unit must comply with the Housing Authority's requirements and must receive
Conditional Use approval by the Aspen Planning and Zoning Commission. "
At the time, this was the only form of housing mitigation allowed for a Lot Split under the Land
Use Code. Today, an applicant has the following six (6) options for mitigating new
development, pursuant to Section 26.470.060 of the Land Use Code:
1) Providing an above-grade, detached accessory dwelling unit (ADU) or a carriage
house pursuant to Chapter 26.520, Accessory Dwelling Units and Carriage Houses;
2) Providing an accessory dwelling unit, or a carriage house, authorized through special
review to be attached and/or partially or fully subgrade, pursuant to Chapter 26.520;
3) Providing an off-site affordable housing unit within the Aspen Infill Area accepted
by the Aspen/Pitkin County Housing Authority and deed-restricted in accordance
with the Aspen/Pitkin County Housing Authority Guidelines, as amended;
4) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin
County Housing Authority Guidelines, as amended; or
5) Recording a resident-occupancy (RO) deed restriction on the single-family dwelling
unit being constructed.
6) Providing a Certificate of Affordable Housing Credit as mitigation, pursuant to
Section 26.540.060 Authority of the Certificate, commensurate with the net increase
of square footage, according to Aspen/Pitkin County Housing Authority Guidelines,
as amended.
2
The applicant is requesting to remove Condition 6. This will enable any future development on
the property to be subject to the affordable housing mitigation in place at the time of any
building permit.
In addition, Condition 7 of the Ordinance states, "Prior to issuance of any building permits,
Deed Restrictions for the Accessory Dwelling Units shall be approved by the Housing Authority
and recorded by the Pitkin County Clerk and Recorder's Office. "
Condition 7 becomes obsolete if Condition 6 is removed — if the applicant chooses a different
form of mitigation this section is unenforceable and could create confusion. The applicant has
not requested to amend this language,-but staff recommends the language be eliminated.
REFERRAL COMMENTS:
APCHA has reviewed this project and recommended in favor of the proposal.
STAFF RECOMMENDATION:
Staff finds the request meets the Subdivision review criteria. The request will bring the property
into conformance with current Code and the different options for mitigating new development
when it occurs. The six options currently outlined in the code may change in the future as the
City continues to refine its growth management system. Staff therefore recommends that the
amendment allow any development to be subject to the affordable housing requirements in place
at the time of a building permit. Specifically, Staff recommends in favor of eliminating
Conditions 6 & 7, as Condition 7 becomes confusing if Condition 6 is removed from the
Ordinance and other mitigation methods are used.
Staff recommends APPROVAL of the request.
RECOMMENDED MOTION (ALL MOTIONS ARE IN THE AFFIRMATIVE):
"I move to approve the request to remove Conditions 6 and 7 of Ordinance 66, Series of 1990
which granted the Erdman Partnership Lot Split, as noted in Ordinance No. 5, Series of 2014 on
First Reading."
EXHIBITS:
A. Review Criteria— Other Amendment
B. Ordinance 66, Series of 1990
C. Application
3
ORDINANCE NO. 5
(SERIES OF 2014)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING AN AMENDMENT TO CONDITIONS 6 AND 7 OF ORDINANCE 66,
SERIES 1990, WHICH ESTABLISHED THE ERDMAN PARTNERSHIP LOT SPLIT,
LEGALLY DESCRIBED AS: LOTS 1 & 2, ERDMAN LOT SPLIT, ACCORDING TO
THE PLAT THEREOF RECORDED NOVEMBER 26, 1990 IN PLAT BOOK 25 AT
PAGE 42, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
PARCEL IDs: 2735-121-32-001, 2735-121-32-002
WHEREAS, the Community Development Department received an application from Bell 26,
LLC, represented by Steev Wilson, Forum Phi, requesting approval of an amendment to
Ordinance 66, Series of 1990 which established the Erdman Partnership Lot Split; and,
WHEREAS,the property is zoned Medium Density Residential, R-6; and,
WHEREAS, upon initial review of the application and the applicable code standards, the
Community Development Department recommended in favor of the proposed amendment; and,
WHEREAS, pursuant to Section 26.480.080, the City Council may approve a Subdivision
Amendment, during a duly noticed public hearing after considering comments from the general
public, a recommendation from the Community Development Director, and recommendations
from relevant referral agencies; and,
WHEREAS,the Aspen City Council has reviewed and considered the development proposal under
the applicable provisions of the Municipal Code as identified herein, has reviewed and considered
the recommendation of the Community Development Director, the applicable referral agencies, and
has taken and considered public comment at a public hearing; and,
WHEREAS, during a duly noticed public hearing on March 10, 2014, the City Council approved
Ordinance No. 5, Series of 2014, by a to (___ ---) vote, approving an amendment to
Ordinance 66, Series of 1990 through a Subdivision Amendment; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable
development standards; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion
of public health,safety, and welfare.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN AS FOLLOWS:
Ordinance No 5, Series 2014
Page 1 of 3
Section 1: Approvals
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City
Council herby amends Conditions 6 and 7 of Ordinance 66, Series of 1990 to state:
6. Condition 6 is hereby stricken in its entirety.
7. Condition 7 is hereby stricken in its entirety.
Section 2: Severability
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 3: Existing Litigation
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 4: Approvals
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the Planning and Zoning Commission or City Council, are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein, unless
amended by an authorized entity.
Section 5: Public Hearin
A public hearing on this ordinance shall be held on the 10`h day of March, 2014, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall
be published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the day of February, 2014.
Attest:
Kathryn S. Koch, City Clerk Steven Skadron,Mayor
Ordinance No 5, Series 2014
Page 2 of 3
FINALLY, adopted, passed and approved this_day of ,2014.
Attest:
Kathryn S. Koch, City Clerk Steven Skadron, Mayor
Approved as to form:
City Attorney
Ordinance No 5, Series 2014
Page 3 of 3
EXHIBIT A
26.480.080. Amendment to subdivision development order.
B. Other amendment. Any other amendment shall be approved by the City Council, provided
that the proposed change is consistent with the approved plat. If the proposed change is not
consistent with the approved plat, the amendment shall be subject to review as a new
development application for plat.
Staff Findings: The applicant proposes to amend the language in the original approval
Ordinance, Ordinance 66 Series of 1990. That ordinance approved a lot split for the property,
creating Lot I and Lot 2 of the Erdman Partnership Lot Split Subdivision. At the time, the land
use code required that any new home have an Accessory Dwelling Unit provided as affordable
housing mitigation. Today, the land use code establishes a number of options for the
development of a new home. These include Cash-in-lieu, the use of an Affordable Housing
Credit, or the construction of an ADU. The applicant is interested in amending the approval to
take advantage of the existing options outlined in the code. Today's code provides more
flexibility then the code in place in 1992. Staff finds that the request is consistent with the
original approval because it reverts to the code in place at the time of the proposed development.
Staff recommends in favor of the change.
EXHIBIT B
ORDINANCE NO. 66
(SERIES OF 1990)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION
EXEMPTION FOR THE ERDMAN PARTNERSHIP LOT SPLIT, DESCRIBED IN
METES AND BOUNDS, AT THE S.E. CORNER OF GILLESPIE ST. AND LAKE
AVE.
WHEREAS, pursuant to Section 7-1003 of the Aspen Land Use
Code (revision date August 1989) , a Lot Split is a subdivision
exemption by the City council; and
WHEREAS, The Erdman Partnership, represented by Donnelley
Erdman, has submitted an application for the lot split of a
32 ,855 . 5 square foot parcel described in metes and bounds in the
SE 1/4 NE 1/4 of Section 12, Township 10 South, Range 85 west of
the sixth P.M. , City of Aspen) ; and
l� WHEREAS, the Engineering Department, having reviewed the
application has made referral comments and addendums; and
WHEREAS, the Planning Office, having reviewed the
application pursuant to Section 7-1003 , and reviewing referral
comments from Engineering, recommends approval with the following
conditions:
1 . One joint driveway access will be allowed for both lots via
the 20' access easement.
2 . Prior to filing a final plat the applicant shall agree to
loin any future improvement districts.
3 . The plat shall indicate the edge of street pavement or curb
line and the existing fence and drainage ditch along the
�� 1
south boundary of the property.
4. The final plat shall indicate that prior to issuance of a
building permit for development on either lot, the applicant
shall submit a drainage plan to the Engineering Department
and do any necessary improvements to the ditch along the
south boundary of the parcel.
5 . The following FAR and site coverage limits will be:
oi,_t FAR maximum - 4,468 s. f. ; Site Coverage - 20s (4,791
s. f. )
orb FAR maximum - 3 ,449 s.f. (access easement is
subtracted from lot area for calculating FAR) ; Site Coverage
- 30.340 (2 ,700 s. f. )
6. An Accessory Dwelling Unit must be included on each lot for
which development is proposed as a requirement of this Lot
i
Split. Each Accessory Dwelling Unit must comply with the
Housing Authority's requirements and must receive
Conditional Use approval by the Aspen planning and Zoning
commission.
7. Prior to issuance of any building permits, Deed Restrictions
for the Accessory Dwelling Units shall be approved by the
Housing Authority and recorded by the Pitkin county Clerk
and Recorder's Office.
8. Development proposed for any lot(s) resulting from this lot
split shall conform to the terms and requirements of the
Hallam Lake Bluff Environmentally Sensitive Area (ESA) if
applicable.
2
9. A Subdivision Exemption Agreement listing the conditions of
i approval shall be included as a note section on the final
plat.
10. The final plat will be signed by the Planning Office and
recorded by the City Clerk only upon complete satisfaction
of all of the above conditions.
WHEREAS, the Aspen City Council having considered the
Planning Office's recommendations for the lot split does wish to
grant the requested Subdivision Exemption for the Erdman Lot
Split.
NOW, THEREFORE, HE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1:
That it does hereby grant a Subdivision Exemption for a Lot
split, with the conditions recommended by the Planning Office, to
the 32, 855.5 s. f. parcel described in this ordinance.
Section 2:
That the City Clerk be and hereby is directed, upon the
adoption of this ordinance, to record a copy of this ordinance in
the office of the Pitkin County Clerk and Recorder.
Section 3:
A public hearing on the Ordinance shall be held on the
day of er , 1990 at 5: 00 P.M. in the City Council Chambers,
Aspen City Hall , Aspen Colorado, fifteen (15) days prior to which
a hearing of public notice of the same shall be published in a
�` 3
newspaper of general circulation within the City of Aspen.
i� INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the ! day of
1990.
William L. Stirling, Mayor
ATT
7ST:
Kathryn S Koch', city Clerk
FINALLY, adopted, passed and approve this ��-� day of
C) U`f , 19�®. ��
William L. Stirling, ayor
R F4911 SST�ryn Roc
h, City Clerk
1
� ,-iNU sit_As MF
E RD,`, N PARTNERSHIP LOT SPLIT i
Vak
I _
_ — —
a
I
— c
I
.H i�;t_ `•i mss' _ __ � .
-----_._ -. — �„� •,,,,,:», !tf,�?x� lti l?!�._N`.tilt "<?T FPt,.: .�.,
THE CITY of ASPEN
Land Use Application
Determination of Completeness
Date: January 28, 2014
Dear City of Aspen Land Use Review Applicant,
We have received your land use application and reviewed it for completeness. The case number
and name assigned to this property is 0010.2014.ASLU —360 Lake Ave. Minor Subdivision
Amendment. Your planner assigned to the case is Justin Barker.
❑ Your Land Use Application is incomplete:
Please submit the aforementioned missing submission items so that we may begin reviewing
your application. No review hearings will be scheduled until all of the submission contents listed
above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the
land use application.
X Your Land Use Application is complete:
If there are not missing items listed above, then your application has been deemed complete
to begin the land use review process.
Other submission items may be requested throughout the review process as deemed necessary by
the Community Development Department. Please contact me at 429-2778 if you have any
questions.
Than You,
Sa Adams, Senior Planner
City of Aspen, Community Development Department
For Office Use Only: Qualifying Ap ' ations:
Mineral Rights Notice Required New SPA PUD
Yes Nol— Subdivision, SPA,or P creating more than 1 additional
lot)
GMQS Allotmentp Residential Afforda Housing
Yes No Commercial E.P.F. Lodging
Forum Phi
715 W Main St, Suite 204
Aspen, CO 81611
P: (970) 797-4880
F: (866) 770-5585
LAND USE APPLICATION
SUBDIVISION, MINOR AMENDMENT
360 Lake Ave- Single Family Residence
January 23, 2014
Applicant: Bell 26, LLC
Location: 360 Lake Ave, Aspen, Colorado 81611
An application for a Minor Subdivision Amendment to remove the ADU requirement.
TABLE OF CONTENTS
Pre-Application Conference Summary
Agreement to Pay Application Fees
Land Use Application
Disclosure of Ownership
Letter of Owner's Authorization
Deed Restriction—City Ordinance 66
Amendment of Deed Restriction —Address Change
Project Description
Vicinity Map
Architectural Set- Existing Floor Plans
JAN 2 4 2014
Gil r` k'p: "k6HEN
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER:
Sara Adams—970.429.2778 DATE: 1.22.14
PROJECT: 360 Lake Avenue, Lot 1 of the Erdman Partnership Lot Split, Subdivision
Amendment
REPRESENTATIVE: Lori Dunn, Forum Phi
TYPE OF APPLICATION: Subdivision, Minor Amendment
DESCRIPTION: The Erdman Partnership Lot Split (Bk. 25, Pg. 42) was approved in 1990 via City Council
Ordinance 66, Series of 1990. The applicant is interested in removing section 6 of Ordinance 66, Series of 1990
that requires an ADU for affordable housing mitigation for each lot. The proposal is to remove Section 6 entirely
and to allow the property to meet the affordable housing mitigation requirements in the Code at the time of building
permit submittal (the Code currently allows affordable housing credits to be landed as mitigation).
The Applicant will need to submit a Land Use Application requesting a Minor Subdivision Amendment which is a
one step review before City Council. Please note that the Subdivision Chapter of has been updated since the last
application was submitted for a subdivision amendment in 2013.
Below are links to the Land Use Application form and Land Use Code for your convenience.
Land Use Application Form: rf_.
Land Use Code: 'aE Use C c-dE'�
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.480.090-C Subdivision Minor Amendment
Review by: - Planning Staff for compliance/completeness
- City Council
Public Hearing: Required
Planning Fees: $4550 Deposit for 14 hours of staff time. Additional staff time required is billed at
$325/hour
Referral Fees. $650 Housing.
2
Total Deposit: $ 5200.
2014� �'
Total Number of Application Copies: Ten (10) for Council Jea!�V 3t yi q
To apply, submit the following information: IF (p4w. ..
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. A written description of the proposal and a written explanation of how a proposed development
complies with the review standards relevant to the development application.
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.
a
RECEIVED
J,4N 2 4 2014
ATTACHMENT 2—LAND USE APPLICATION GI I I ,�F ASPEN
REi OPME '
PROJECT:
Namc: 360 Lake Ave
Lucation: 360 Lake Ave, Aspen, CO 81611 - Erdman Partnership Lot Split
(Indicate street address, lot & block number, legal dcscri Ption where a pro riate)
Parcel 11)#(REQUIRED) 273512132001 _
APPLICANT:
LcsBell 26, LLC
P.O. Box 1860, Bentonville, AR 72712
REPRESENTATIVE: ---
Name: Steev Wilson, Partner
Address: Forum Phi, 715 W Main St#204, Aspen, CO 81611
Phone 4: 970-279-4109
TYPE OF APPLICATION: (please check all that apply):
❑ G ❑ Conceptual PU D ❑ Temporary Use
MQS Exemption
❑ ❑ Final PUD(& PUD Amendment) ❑ Text/Map Amendment
G MQS Allotment
❑
Subdivision ❑ Conceptual SPA
Special Revicw
❑ ESA–8040 Circenline, Su-eam ❑ Subdivision Excuiphon (includes ❑ Final SPA(& SPA
Margin,Ilallam Lake Bluff. condom in'uiniration)
Amendment)
Mountain View Plane
❑ ❑ Lut Split ❑ Small Lodge Conversion/
Commercial Design Rcview Expansion
❑
Residential Design Variance ❑ L.ot Line Adjustment ❑ Other:
❑ Conditional Usc
EXISTING CONDITIONS: (description of existing buildings,uses,previous a )rOVals,etc.)
1 single family residence +ADU —_
VROPOs,u,: (description of proposed buildings,uses_ modifications,ctc.)
1 single family residence with no ADU requirement, per Lot(two lots total)
I _ s ,
1�
[lave you attached the following`'
– -- LES DUB.: S_ 5 2$ 00
❑ Pre-Application Conference Summ:_uy ?ILI 2 �4
Attachment fi 1 Signed 1-cc Agreement
❑ Response to Attachment 43, Dimcnsiunal Rcyuurcments Form
❑ Response to Attachment 14,Submittal Requitemcnts-Including y rittcn Responses to Review Standards
❑ 3-D Model for large project
All plans that are larger than 8.5" k I I" must be folded. A disk with an electric copy of all written text
(78licrosoft 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.
pA_V� Q, 1# 00 k0 , z0kL� . 0 _S liU
Agreement to Pay Application Fees
Anagreement between the City of Aspen ("City") and __- ____
Property): Phone No.:970.797.4880
Owner("I'
Bel! 26, LLC Email:idunn @forumphi.corn
Address of Billing Forum Phi
360 Lake Ave. Address:
Property: Aspen, CO 81611 715 W Main, Suite 204
(subject of (send bills here) Aspen, CO 81611
application)
I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications
and the payment of these fees is a condition precedent to determining application completeness. I understand
that as the property owner that I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these
flat fees are non-refundable.
$650 flat fee for APCHA (Housing) $0 flat fee for-Select Dept
p $ 0 flat fee for
Select Review
$0 flat fee for Select De t
For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed
project, it is not possible at this time to know the full extent or total costs involved in processing the application. I
understand that additional costs over and above the deposit may accrue. I understand and agree that it is
impracticable for City staff to complete processing, review, and presentation of sufficient information to enable
legally required findings to be made for project consideration, unless invoices are paid in full.
The City and I understand and agree that invoices mailed by the City to the above listed billing address and not
returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30
days of presentation of an invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment.
I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment
of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs
exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the
processing of my application at the hourly rates hereinafter stated.
$4+550 deposit for 14 —hours of Community Development Department staff time. Additional time
above the deposit arnount will be billed at $325 per hour.
$ deposit for hours of Engineering Department staff time. Additional time above the deposit
amount will be billed at$265 per hour.
City of Aspen: Property Owner:
Chris Bondon Steev Wilson (Authorized Agen
Community Development Director Name:__
--- - — _ �— Title: Architect, Forum Phi
City Use: 5200 Received:
$
Fees Due: $—_ — ' 4r°,; Vg ;
1 • •. 1 • 1 • 1 1.1
COMMUNITY DEVELOPMENT DEPARTMENT
Land Use Review Fee Policy
The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or
deposit is collected for land use applications based on the type of application submitted.
A flat fee is collected by Community Development for applications which normally take a minimal and predictable
amount of staff time to process. Review fees for other City departments reviewing the application (referral
departments) will also be collected when necessary. Flat fees are cumulative — meaning an application with
multiple flat fees must pay the sum of those flat fees. Flat fees are not refundable.
A review fee deposit is collected by Community Development when more extensive staff review is required.
Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on
the case in addition to the case planner. Deposit amounts may be reduced if, in the opinion of the Community
Development Director, the project is expected to take significantly less time to process than the deposit indicates.
A determination on the deposit amount shall be made during the pre-application conference by the case planner.
Hourly billing shall still apply.
All applications must include an Agreement to Pay Application Fees. One payment including the deposit for
Planning and referral agency fees must be submitted with each land use application, made payable to the City of
Aspen. Applications will not be accepted for processing without the required application fee.
The Community Development Department shall keep an accurate record of the actual time required for the
processing of a land use application requiring a deposit. The City can provide a summary report of fees due at
the applicant's request. The applicant will be billed for the additional costs incurred by the City when the
processing of an application by the Community Development Department takes more time or expense than is
covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no
additional administrative charge. In the event the processing of an application takes less time than provided for
by the deposit, the department shall refund the unused portion of the deposited fee to the applicant. Fees shall be
due regardless of whether an applicant receives approvaL
Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final, and
recordation of approval documents shall be handled as individual cases for the purposes of billing. Upon
conceptual approval all billing shall be reconciled and all past due invoices shall be paid prior to the Director
accepting an application for final review._ Final review shall require a new deposit at the rate in effect at the time
of final application submission. Upon final approval all billing shall again be reconciled prior to the Director
accepting an application for review of technical documents for recordation.
The Community Development Director may cease processing of a land use application for which an unpaid
invoice is 30 or more days past due. Unpaid invoices of 90 or more days past due may be assessed a late fee of
1.75% per month. An unpaid invoice of 120 days or more may he subject to additional actions as may be
assigned by the Municipal Court Judge. All payment information is public domain.
All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements
and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits
already accepted7 an unpaid invoice of 90 or more days may result in cessation of building permit processing or
issuance of a stop work order until full payment is made. Xi`�The property owner of record is the party responsible for payment of all costs associated with a a use
application for the property. Any secondary agreernent between a property owner and an ai�icInt.r����senting
the owner(e.g. a contract purchaser) regarding payment of fees is solely between those priva p rrRe
• •, 1 • 1 • 1 1.1
1
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project: 360 Lake Ave, Aspen, CO 81611
Applicant: Bell 26. LLC —
Location: 360 Lake Ave, Aspen, CO 81611
Zone District: R-6
Lot Size: Lot 1 -0.5499 acres
Lot Area: Lot 1 -Allowable Floor Area = 4468 SF per 0.rd 66-1990
(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high Neater mark, casements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing: N/A Prol)oSed; N/A
Number of residential units: Exist ing:_1 +ADU_Proposed:_ N/A
Number of bedrooms: Existing:_ 4 +ADU Pi -_ N/A
Proposed %o of demolition (I listoric properties onky):_ _
DIMENSIONS: (FOR LOT 1)
Floor Area: Existing:_ 4375 sf_Alloi ,(Ible: 4468 sf Proposed: 4468 sf
Principal bldg. height: L'.xistijtg:_24'-11" llloti;ub1c: 25' Proposed: 24'-11" _
Access. bldg. height: Existing:_ N/A A/10�-cah1e.- Proposed: _
On-Site parkin Existing 2 + 1 ADU Regim'ct1._ 2 + 1 ADU Proi')osc,d: 2
parking: � —_ --
°i Site coverage: Existing: 12.8_% _Required: 20% Proposed: 13.8%
`ro Open Space: Existing:__ NlA__Rcquired:_ Proposed:
Front Setback: Existing: 10' _Required:_ 10' Proposed: 10'
Rear Setback: Existing: 20' Required: 20' _Proposer!' 20'
Combined F/R: Existing: N/A __Required: Proposed:
(East) Side Setback: F, ___P1-oPused: 30' --
_vj,qjjj,,. 30' Rcqub-(_-d.-_ 30'
(West) Side Setback: E.xLsting: 20' Rcquurd: 20'_ Proposed: 20' —
Combined Sides: F.xistm N/A Reyztired: Proposed: _
Distance Between Existing N/A _Rer/trircd.�_ Proposed:
Buildings
Fxiston non-confornuties or encroachments:
g —
1
Variations requested:
GENER a1, NN"ARR.A_NTY DEED
ERDMAN PARTNERSHIP, A COLORADO GENERAL PARTNERSHIP, for the consid-
eration of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, hereby
sells and conveys to BELL 26, LLC, a Colorado limited liability company, whose address is c/o
Brooke A. Peterson, Esq.,Kaufinan& Peterson, P.C., 315 East Hyman Avenue, Suite 305, Aspen,
. �� CO 81611, the following real property in the County of Pitkin, State of Colorado:
Z
p LOT 1,ERDMAN LOT SPLIT, according to"the Plat thereof recorded November 26,
a 1990 in Plat Book 25 at Page 42.
also known b y street and number as: 360 Lake Avenue, Aspen, CO 81611, with all its
appurtenances, and warrants the title to the same, subject to and except for:
DI
1. General taxes for 2000 and thereafter payable in 2001 and thereafter.
2. Building and zoning regulations.
3. All matters described on Exhibit A attached hereto and incorporated herein
by this reference.
ALL REFERENCES BETNG TO THE REAL PROPERTY RECORDS OF PITKTN COUNTY, COLORADO.
Signed this 1& day of February, 2000.
ERDMAN PARTNERSHIP, a Colorado Partnership
�.� Donnelley Er i , General Partner
STATE OF COLORADO ) 440881
qM
SS TRANSFER DECLARATION RECEIVED 02/25/2000
COUNTY OF PITKIN )
z
o �
o��_ ) The foregoing instrument was acknowledged before me the undersigned authority on this the
�
-) _ clay of �z,l,,.f� , 2000 by Donnelley Erdman as General Partner of
U.
i ", the Erdman Partnership, a Colorado partnership.
p ;
WITNESS MY HAND AND SEAL.
Q Notary Public [SEALI
iNA.p4t" My commission expires: t1 ► e
T AR'-
0
N ...��B14 Ili�luiilll� lrrliil�liilillilliilllliililllill'il
�'r'�...,f ✓oP 1 1111
440881 02/25/2000 04:21P WD DAVIS SILVI
My commiss w Eviras 1101 12003
1 of 2 R 10.00 D 714.50 N 0.00 PITKIN COUNTY CO
EXHIBIT"A"
1. Taxes for the 2000 not yet due or payable.
2. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to
penetrate or intersect the premises hereby granted as reserved in United States Patent recorded June 08, 1888 in
Book 55 at Page 2.
3. Terms, conditions, provisions and obligations of Occupancy Deed Restriction and Agreement Resident Occupied
Dwelling Unit Ordinance One, recorded June 25, 1990 in Book 623 at Page 696 and Amendment thereto recorded
February 18, 2000 as Reception No. 440645.
4. Easements, rights of way and all matters as disclosed on Plat of subject property recorded November 26, 1990 in
Plat Book 25 at Page 42
440882 02/25/2000 V)4!710
lt. 1'q f] r 7
QZJA ?:tAL WARIZAN=I.Y DEED
DONNELLEY ERDMANT and LINDA W. ERDM:AN, for the consideration of Ten Dollars
($10.00) and other good and valuable consideration, in hand paid, hereby sell and convey to BELL
it 26, LLC, a Colorado limited liability company, whose address is c/o Brooke A. Peterson, Esq.,
Kaufman&Peterson P.C., 315 East Hyman Avenue, Suite 305, Aspen, CO 81611, the following
p n� real property in the County of Pitkin, State of Colorado:
z
z N
} Q LOT 2, ERDMAtN LOT SPLIT,according to the Plat thereof recorded November 26, N
n.a,„�� 1990 in Plat Book 25 at Page 42.
also known by street and number as: 350 Lake Avenue, Aspen, CO 81611, with all its
t� appurtenances, and warrant the title to the same, subject to and except for: o
1. General taxes for 2000 and thereafter payable in 2001 and thereafter. �
2. Building and zoning regulations.
3. All matters described on Exhibit A attached hereto and incorporated herein OOW
by this reference.
V'Q
ALI,RITERENCES.BEING 1'O THE REAL PROPERTY RECORDS OF PITKIN COUNTY, COLORADO.
Signed this /(per day of February, 2000.
Do Hey ,rd c
Cinda W. Erdman �;
STATE OF COLORADO )
� ss �o s
COUNTY OF PITKIN ) =3
� z
The foregoing instrument was acknowledged before me the undersigned authority on this the '�N
zo - ----_1�� _day of 2000 by Donnelley Erdman and Cinda W. Erman. �6 m
`A N
t�
WITNESS MY BAND AND SEAL.
;C4L Ql TIN Notary Public (SEAL)
�Nm
p GHQ,\S T•q Q'44 My conunission expires: l \ u3 =N
U
• �ado�.
•� 00
"P13 L
O� COLO��
My CGmmissAn E
moires 11101�2003
• 46
EXHIBIT"A"
1. Taxes for the 2000 not yet due or payable.
2. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to
penetrate or intersect the premises hereby granted as reserved in United States Patent recorded June 08, 1888 in
Book 55 at Page 2.
3. Terms, conditions, provisions and obligations of Occupancy Deed Restriction and Agreement Resident Occupied
Dwelling Unit Ordinance One, recorded June 25, 1990 in Book 623 at Page 696 and Amendment thereto recorded
February 18, 2000 as Reception No. 440645.
4. Easements, rights of way and all matters as disclosed on Plat of subject property recorded November 26, 1990 in
Plat Book 25 at Page 42.
fi
PIP Land Title Guarantee Company
CUSi OMER DISTRIBUTION
Land Title
GUARANTEE COMPANY
Date: 06-28-2013 Our Order Number: QPR62005373
Property Address:
360 LAKE AVE ASPEN, CO 81611
If you have any Mquiries or require further assisonce, please Cor[act one of the numbers below:
For Title Assistance:
Aspen't'itle"QPR"Unit
Kurt Beereboom
533 E HOPKINS#102
ASPEN, CO 81611
Phone:970-925-1678
Fax: 970-925-6243
EMail: kbcereboo n@Itgc.com
FORUM PHI "I MX` BELL 26 LLC
117 S SPRING ST#202 PO BOX 1860
ASPEN, CO 8161 l BEN]ONVILLE,AR 72712
Attn: WILLIAM I EWIS Attn: BELL-26 LLC
Phone: 970-319-7399
Entail:wlewis(Nlurumphi.c01jj
Sent Via EMail
JA
b
LAND TITLE GUARANTEE COMPANY
PROPERTY REPORT
Our Order No. QPR62005373 Cust. Ref:
This Report is based on a limited search of the county real property records and provides the name(s) of the vested
owner(s), the legal description, tax information (taken from information provided by the county treasurer on its
website) and encumbrances, which, for the purposes of this report, means deed of trust and mortgages, and
liens recorded against the property and the owner(s) in the records of the clerk and recorder for the county in which
the subject property is located. This Report does not constitute any form of warranty or guarantee of title
or title insurance. The liability of Land Title Guarantee Company is strictly limited to (1) the recipient of
the Report, and no other person, and (2) the amount paid for the Report. -
Prepared For:
This Report is dated: June 25, 2013 at 5:00 P.M.
Address: 360 LAKE AVE ASPEN, CO 8 16 11
Legal Description:
LOT 1, ERDMAN LO"I`SPLIT, ACCORDING TO THE PLAT THEREOF RECORDED NO'VEMBI?R 26, 1900 IN
PLAT BOOK 25 AT PAGE 42.
COUNTY OF PITKIN
STATE OF COLORADO
Record Owner:
BELL 26, LLC, A COLORADO LIMITED L.I_ABILITY COMPANY
We find the following documents of record affecting subject property: - - - - - - -
1. NONE.
PARCEL NO.; 273512132001
2012 LAND ASSESSED VALUE $403,570
2012 IMPROVEMENTS ASSESSED VALUE.$155,720
PROPERTY REPORT
Our Order No. QPR62005373
Documents of Record:
;�##Mr:k�.r-kmx .++ r:;.�%hk-w*.k.k*-��I:-k+*'.-I:#;k�+k-I y,•k.�:'y R�ky:�M�*:k�+W:_k*W:�:k k*1*
LAND TITLE GUARANTEE COMPANY
INVOICE
June 28, 2013
Record Owner: BELL 26, LLC, A COLORADO LIMITED LIABILITY COMPANY
Property Address: 360 LAKE AVE ASPEN, CO 81611
Your Reference No.:
When referring to this order, please reference our Order No. QPR62005373
- CHARGES -
Property Report $100.00
-Total--
$100.00
2, 4 2014
Please make checks payable to:
Land Title Guarantee Company
5975 Greenwood Plaza Blvd. Suite 125
Greenwood Village, CO 80111-4701
PIN Lana Title Guarantee Company
CUSTOMER DISTRIBUTION
Land Title
GUARANTEE COMPANY
w ww.r.I cconr
Date: 05-30-2013 Our Order Number: QPR62005297
Property Address:
360 LAKE AVENUE ASPEN, CO 81611
If you have any inquiries or require further assistance, please contact one of the numbers below:
For Title Assistance:
Aspen Title"QPR" Unit
533 E HOPKINS#102
ASPEN,CO 81611
Phone:970-925-1678
Fax: 970-925-6243
FORUM PHI ''I NIX°
117 S SPRING SC 4202
ASPEN,CO 81611
Attn: WILLIAM LEES
Phonc: 970-319-7399
Entail: wlcwisCuforomphi.com
Sent Via Entail
4 x'014
LAND TITLE GUARANTEE COMPANY
PROPERTY REPORT
Our Order No. QPR62005297 Cust. Ref:
This Report is based on a limited search of the county real property records and provides the name(s) of the vested
owner(s), the legal description, tax inforuation (taken from information provided by the county treasurer on its
websile) and encumbrances, which, for the purposes of this report, means deed of trust and mortgages, and
liens recorded against the property and the owner(s) in the records of the clerk and recorder for the county in which
the subject property is located. This Report does not constitute any form of warranty or guarantee of title
or title insurance. The liability of band Title Guarantee Company is strictly limited to (1) the recipient of
the Report, and no other person, and (2) the amount paid for the Report.
Prepared For: FORUM Pill
This Report is dated: May 14, 2013 at 5:00 P.M.
Address: 360 LAKE AVENUE ASPEN, CO 81611
Legal Description:
LOT 2, ERDMAN LOT SPLIT, ACCORDING:TO THE PLAT TIIEREOF RECORDED NOVEMBER 26, 1990 IN
PLAT BOOK 25 AT PAGE; 42.
COUNTY OF PITKIN
STATE OF COLORADO
Record Owner:
BELL 26, LLC
We find the following documents of record affecting subject property:
L NONE.
PROPERTY TAX INFORMATION **k***** ********** **
PARCEL NO.: 273512132002
2012 LAND ASSESSED VALUE $1,287,600.00
2012 IMPROVEMENTS ASSESSED VALUE $0.00
2012 REAL PROPERTY TAXES PAID W THE AMOUNT OF $41,621.68.
PROPERTY REPORT
Our Order No. QPR62005297
Documents of Record: 4 2014
LAND TITLE GUARANTEE COMPANY
INVOICE
May 30, 2013
Record Owner: BELL 26, LLC
Property Address: 360 LAKE AVENUE ASPEN, CO 81611
Your Reference No.:
When referring to this order, please reference our Order No. QPR62005297
- CHARGES -
Property Report $100.00
Total $100.00
Please make checks payable to:
Land Title Guarantee Company
5975 Greenwood Plaza Blvd, Suite 125
Greenwood Village, CO 80111-4701
I ho Kiwi
lit idk:, Ak. 7 1
Aqvin ( 0 N101 I
pkan"Mcqvi d1h UPI W—yr allm'"01 An Flul"I 1% Wc. to OPP15 As surd 11UH Aq ncCmaq
cmdrout"m 1"UnURS NAPMAI 01 0MINIC A WMA! and ICP,Hl &&C P01POly 160 JQQ \VC,
Qowmo. t ljt:
7
11h: T)1-79-41Q)
f mv NW-14150
11 hilt "m hu to swoon& W PH, WHO,
How A 1 11
ION 20 1 H 2 4 2014
02L'JrNANC-F
(SERIFS OF 1-990)
A,; 01 �j (- ,�ZCJL GP-V4TING suBDIVISION
,ZDT�NAXC:Z OF THE A,!�pEN, C3 "j Oki DESCRIBED IN
EXIOWfION FOR THE FP"IM ?A-RraF'RSf11P 'in SPLIT' D
S t AT e_M :F j
METES AND BOU" S,F_ C(,)RNF.9, OF GIIJZSPTE ST. AND TAKE
AVE.
WHMZEAS, pursuant. to sec-,7•jon 7-1003 of the Aspen Land Use
Split �� a %uL-,rlivision
a Lot
Code (rev_1.sjo4n date Auqu::�t 198'?) ,
-he city council; and
exemp.tIOn DY k.-
WHE]RI-AS1 The Frc?,luar! Partr.er�-. ,jV, repres,7aited by 1)unnellay
SU.,k�Mj.tt_c_,d an zippliCat-iC�T! for thS 10t 5PI-i - Of a
32 , s55 . 5 squ.ire foot PaZ"c(II metes and 1)oujids -",In the
SL 1 /4 -N .10 So, th, Ran? 65 cf
t-he Sixth P.M. , cit.'I of J".t.�Pexi) ; and
,10 'tmc-�Tlt, having revic-Wt-d th a
WIJEREAS, ErIgIrlee.ring Dep�Fi�.
-11 ums; and
has wade ccmmcpts and addr- .d
iew � th,:�
ng Ed
the 7,jd_nning havJL, rev
and revi(_,w:11..ng refer_-al
pl;rsUatlt tO Se�:t�cn "-1 1
approval 'Witt the. follow-1,nq
i t JI C
C Ile -i oint driveway 'fo-z lo'mss V3 a
201
pr4r 4-1 agree to
2 . -.fjrIal pj,lt jhe app sha"
any future imPrOvemellt
3 . �rhe plait -1 t.�. t I j!nt cor curb,
of, :Street pz,,ven
1 arld the. dr�tinaqe, (;itch along the
IY � i l �L
south boundary of the property.
4. The final plat shall indicate that prior to issuance of a
building permit for development on either lot, the applicant
shall submit a drainage plan to the Engineering Department
and do any necessary .improvements to the ditch along the
south boundary of the parcel.
S. The following FAR and site coverage limits will be;
LQ,t --_ FAR maximum - 4, 468 s. f. ; Site Coverage - 201 (4,791
s. f_ . )
Lat _2 FAR maximum - 3, 449 s. f. (access easement is
subtracted from lot area for calculating FAR) ; Site Coverage
- 30 . 34% (2, 700 s. f. )
5. An Accessory Dwelling Unit must be included on each lot for
which development is proposed as a requirement of this Lot
Split. Each Accessory Dwelling Unit must comply with the
Housing Authority's requirements and must receive
1
conditional Use approval by the Aspen Planning and Zoning
commission. -.
7. Prior to issuance of any building permits, Deed Restrictions
for the Accessory Dwelling Units shall be approved by the
Housing Authority and recorded by the Pitkin County Clerk
and Recorder's office.
a. Development proposed for any lot(s) resulting from this to
split shall conform to the terms and requirements of the
Hallam Lake Bluff Environmentally Sensitive Area (ESA) if
applicable. Aliv,
2
9 . A subij-vision .Exemption Agreement listing the conditions of
approval shall be included as a note section on the final.
plat.
10. The final plat will be signed by the Planning Office and
recorded by the city Clerk only upon complete satisfaction
of all- or the above conditions.
WHEREAS, the Aspen City council having considered the
Planning Office' s recommendations for the lot split does wish to
grant the requested subdivision Exemption for the Erdman Lot
split.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORP.DO:
Secti,4n I;-
That it does hereby grant a subdivision Exemption for a Lot
split, with the conditions recommended by the Planning office, to
the 32, 855.5 s..f. parcel described in this ordinance.
Section
That the city, Clerk be and hereby is directed, upon the
adoption of this ordinance, to record a copy of this ordinance in
the office of the Pitkin County Clerk and Recorder.
Sect14A�.�..
A public hearing on the Ordinance shall be held on the
day of .C.�"�-' 1990 at 5: 00 P.M. in the City Council chambers,
Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
a hearing of public notice of the same shall be published in a
3
IY'J, 4 y,ys (, �
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 c�-� day of
1990.
r
William L. Stirling, Mayor
A .ST:
Kathryn S Koch, City Clerk
FINALLY, adopted, passed and appr�o/vethis - day of
wi1] iam L. Stirizng, ayor
Kathryn S ' Koch, City Clerk
t?014
4
NiJ
1
623 696
1 c x <
OCCUPANCY DEED RESTRICT'.ION AND AGREEMENT
RESIDENT OCCUPIED DWELLING UANIT
ORDINANCE ONE
THIS OCCUPANCY DEED RESTRICTION AND ,AGREEMENT t;l
"Agreglant") s made a entered into this _ z'�_ da, of
��LCYI r 1y�, by and bet can The Erdman Partnership,
of the City of Aspen, County Ot Pitkin, State of Colorado, whose
address is Boy 12395, Aspen, C010r"10, 51612 (her, Wafter cfezreA
to as "Owner") , and t} V r TSI'P�I, &"TKTN COUNTY- OUSTNG AU VT a
multi-jurisdictional housingr?c�iori�y estTLish 3 pursuant�o the
AMENDED AND RESTATED iNTERGOVEF:NMENTAL AGREFec Et,;T x eccr-j,_ in
COS at Page 751 of the records of the Titkin Count. Clerk and
Recorder.- Office (herelna`tet callatd f'Clla AUtf1CI'lt✓"J
WHEREAS, the 0wner owns real property are zpe.cifically
described as 271 Gillespie Street, Aspen, Colorado ("Real
Property") , upon which the 0wEer intends to construct a single-
family residence and a 580 not square Toot one bedr; n Redder-,*_
0cc,upied Dwelling Unit ("R/0 Unit") FoI purposes of this
Agreement the R/O Unit, the single family residence, and the real i
r'
property and all appurtenances, improvements, and fi :tureE k
associated therewith shall hereinafter be referred to as the
"Property"; and
WHEREAS, this certain Agreement imposes 4 p .ertain c:.ven,_.nts upon the
R,/0 Unit, when .rented by Owner , which restrict the use ana
occupancy of the R/0 Unit to .Yor,:inr,; residents of . itkin County and
trieir families who fall within the :lousing Authority resident
qualification guidelines established and indexed by the Authority,
on an annual basis a
NOW, THEREFORE, in consideration of the prenises, O,.ncc r h_:refDV
r_-)venants and agrees as follow:
1. owner hereby cove.narsts and agrees that t7 Property shall
not be rondominiumized durir,cl the? term of this Agreement such
that the R/O Unit and the single- ramie es.ideno xne
considered W ardte prooer�ie-, nut th t the R/O Unit shall
be constructed and rairit� ne:i so a:, to be capable cf being
rented separately from the singe-family residence.
r
2. Tn� Owner shall not be required to rent or lei e r17g pLrd
Unit, but zf-i� is rente or leaswd, oc cupanc_1 }.all limited,
— -- -
ex�lus�vF=1y 'c individuals ho �nol?y d �_i?1-t p -
N-tk n7 -cDo rnt1, to jether with a sp2usF'.,sa.Cid___ ..L._,...��r._rj r'n1.�dren.L
t'h T&5see shall- nee.t and COaP1 !.y 'W th the d t_
fin -
i :n
requires nts o* a _.;�.:Y:t1I_i sib �I7r csfiar i i h^d and from time
t.f t
,
to�time amended by the Authority. owner shall have the
to lease the R/0 unit to--L, working resident of his selection,
_?ur;, 4 ��,¢
"'.Ct^'•�,+,-c'7°/' -.v r-
+rr.t, y ai.}.S �-,�,-, tic'rr 7 •"... i .ct�7y a ,` �"r'� �'•> ` ;�^ K '�' ` .t -=. Y Z
�
n,• ERs�i
IT 6 97
, v ' .
10_ t'1° C1 �1-per`? CSI f!I1S ajar_=? I ��, � i� (?;ii jf?�:.
i CJ17S 1C ,r r7 r-e114 - 1'-
Y L It i 0C, u.>1?u i-]i 1 r?i. `. y i L"
r n sy>F anent rh.icil -
r:�r+� than s u�];�,inal amount of runt.
r' rt< r, ot F r-Lu e: % C ng prestt�C`_ive 4
\'f A/_ Lz.it p :nta
a -,hall b an.3
a,l? ity Office by the Crrt 'r 3]rior to r ua nc the_-Wo nd
Musr e rcceptabie to the Housin�� .�u`he Lt r.
- cupancy_�_f ttic PLC, 1�.t -}tali be li litc�;
than t.ao (!—),-adults and t
re _teed chi ,a -
Ariv
y._lejta.,,C' Of the F i 7 Jnit sha7 1
o r I
les S t han in__l1J "'rzn utt mcn hs.
copy at �aCj_,e fc�rw the lZjrJ unit :�3:zt? b ,-q
�4t tcd
re 5ubmi twat t� the
rtCu;s,1�1. ,:;uthority ;�rith.irt t�•n _;1L� --c':a�,:s
_ ) Oy_ arpro,,7z-)j J f
F • This A:4rE:enent shall const-Lt(•
to �ver�ntc r.1)nnr.�y
br]e F al ! zop�arty as :a harden for the bene�it o�; _,n ) st:sl i
be specifically eni'urcr-abie lay, the flcilsir r� e',atl �Y�i
D0ar1 of Count Conn 1• z } r:
i �h r, �t Fitl.in, t h:
h`1+pPn, their r'�,,j;,��'��Lp
LIPPlt�Y:. iLl by
appropriate legal actior, ;ncludincs, but zct
injunction, 1 tU
cibat Ttlf?lit, Ol" E'V �:t-Ion 6i It ]1-[:CJ111Ul,yl l ( .,
or tl e perj ocl o -iLL' - _ ra�r t'• r. .;'?tl3T1C5,
hereof in the Pitkin County Rea]. rrupr_rt; Re Orcl c _
IN WITNESS WHEREOF, the n art t r ez t,�)
tlti ir -.trumf n on the day and year ai vvF= t_ ut
OWNER:
Dcnnelley Ardor,
I]nagzrtg >'a- er;
. T3tc J✓rctmran .'-'artlr�rship
Jd ess: The Erdman �a i.n•�t -nz
p,
Aspen C al.c:.L adlo
't: I
`3
I
T.
f
+r
y,ad >.}�,� }��.�y„lSf+4t-�1'`i�a'�" '��`tw^, 1�'.: r if��'•• C�>����+77'�'��f' � 3 s^S'Rr ''i `i..�7 'r�''� 5 i �v�= }x':Z;. 2,.a't.A z� f -tS' y_�
'}' nq;�ly' - � � ?`G,_ of"�.�%: i�tt tr °'4�U�§i � t ,1�,ro,� �'yq•''7?' rzt,� 4�"y.,"F'�. 5�.�,�:..
i
tk,
r , .
1 ' !
623 699
l.e this r'I e Icrcg 'n�. ti truant r;t :1a IC}:1 lr , Y�r cl
f
tvitn�s Wit, rail ar;d o"Ii
My CumZis ion expires:
ACCEPTAUCE BY THE HGU 7NG; Ai Tff(DI IT'S
The foregoing Agreemµnt and its ter; , are „- ^y spen/Fit;in Cc ant y ttie
Housing Authority.
HO SINd AUIHOPITY,OF THE. CITY OF �lErPZr`1
U 'I �KIrd t QHtf Y, CCLDIiADO
By
r
Address: Apen/Pitkin Co7.nty' ail y 1 A
r:JLIS :7ij Al cr1.r'
3.551 Hicjhwdy 82
Aspen, Coiocado 21511
1'.sTE OF CCILORADO
&YOUNTY OF PITKIN j V�
The foregaly instrument was ackno l d
1c=sf >ec1 N f :c Me e t".i
o* :,
Witness my hand and of t icial seal,
<iy cOmmission expi.ras: --21-11
�(V {? 2014
a
MAR. 3.2000— 1:57PM --ASPS' UZING OFC' NO.760 P.1
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AMENDMENT OF DEED RESTRICTION
WHEREAS, an Occupancy Deed Restriction and Agreement Resident
Occupied Dwelling Unit Ordinance One was recorded on June 25, 1990, at Reception
No. 323854, to comply with City Council Ordinance One, and pertaining to the property
described as 201 Gillespie Street, Aspen, Colorado;
WHEREAS, the legal description of the property was not included in the document
and the physical address is inaccurate; and
WHEREAS, the legal description is Lot 1, Erdman Lot Split, according to the Plat
thereof recorded November 26, 1990, in Plat Book 25 at Page 42, in the Pitkin County
Clerk and Recorder's Office; and
WHEREAS, the addressed stated as 201 Gillespie Street no longer exists, and
this unit refers to the unit located at 360 Lake Avenue.
NOW, THEREFORE, this document amends the physical address and the legal
address of the Occupancy Deed Restriction and Agreement Resident Occupied
Dwelling Unit Ordinance One recorded on June 25, 1990, at Reception No. 323854,
and all other restrictions and conditions still apply to this unit located at 360 Lake Avenue.
ASPEN/PITKIN COUNTY HOUSING AUTHORITY
By:
Mary berts, Executive Director
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
This instrument was acknowledged before me this 181 day of February, 2000, by
Mary J. Roberts, Executive Director of the Aspen/Pitkin County Housing Authority.
Wi n hand and official seal.
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Erdman Partnership Lot Split Subdivision Amendment
Modification to allow Fee in Lieu or Affordable Housing Credits
The Erdman Partnership Lot Split (Bk. 25, Pg. 42)was approved in 1990 via City Council Ordinance 66,
Series of 1990. The Ordinance specifies that each Lot of this lot split (Lot-1 and Lot-2)would be responsible
to:
• Create an ADU which complies with the standards of the housing authority(note 6)
• File a Deed Restriction which has been approved by the housing authority for any ADU's which are
created (note 7)
The existing residence at 360 Lake has and ADU which was approved and deed restricted. The deed
restriction does not require occupancy or rental as part of the restriction. The ADU currently exists and is
un-rented and unoccupied.
It is the desire of our client to mitigate the ADU as we would typically be allowed using the code as it exists
today. This would allow for two additional mitigation methods, the first being to pay the fee in lieu for based
on the FAR constructed OR second to offset using affordable housing credits. This would modify note 6 to
require the mitigation for employee housing using the code current at the time of permit submission.
It is our belief that purchasing an affordable housing credit for a unit that is already constructed and likely
occupied, or contributing via fee in lieu towards the city's ongoing employee housing construction, will be
more beneficial to the community than is an unoccupied ADU at 360 Lake Ave. This would bring the subject
properties more into conformance with the current code and with that conformance we hope more into line
with the city's goals.
FORUM PHI
715 W Main St, Ste 204
Aspen, CO 81611
P: (970) 279-4157
F: (866) 770-5585
--_- - -- -- ----- 360 Lake Ave
Aspen, CO 81611
Bell 26, LLC
CONSULTANT
� 1 SITE LOCATIONt CONTRACTOR
-----------
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FORUM PHI
715 W Main Street, Ste 204
Aspen, CO 81611
_ P: (970) 279-4157
F: (866) 770-5585
360 Lake Ave
Aspen, CO 81611
Bell 26, LLC
CONSULTANT
CONTRACTOR
TBD
DATE OF PUBLICATION 1/24/2014
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715 W Main Street, Ste 204
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-- - P: (970) 279-4157
uP_4 DN F: (866) 770-5585
360 Lake Ave
Aspen, CO 81611
Bell 26, LLC
CONSULTANT
CONTRACTOR
TBD
- -- -- -- - - -- DATE OF PUBLICATION 1/24/2014
DR
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103 P&Z 1/24/2014 LAND USE APP
ENTRY
101 PROJECT NO: 1207
LN DRAWN BY: SMW
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- - — - -- 715 W Main Street, Ste 204
- Aspen, CO 81611
LL P: (970) 279-4157
-- E--=DN F: (866) 770-5585
-_- 360 Lake Ave
Aspen, CO 81611
Bell 26, LLC
CONSULTANT
CONTRACTOR
TBD
- - - - DATE OF PUBLICATION 1/24/2014
P&Z 1/24/2014 LAND USE APP
CLOSET 6206H fT F MASTER BEDRM ,r PROJECT NO: 1207
205 i 202
DRAWN BY: SMW
COPYRIGHT FORUM PHI, LLC
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FORUM PHI
715 W Main Street, Ste 204
Aspen, CO 81611
P: (970) 279-4157
F: (866) 770-5585
360 Lake Ave
Aspen, CO 81611
Bell 26, LLC
CONSULTANT
-- CONTRACTOR
TBD
DATE OF PUBLICATION 1/24/2014
- - P&Z 1/24/2014 LAND USE APP
PROJECT NO: 1207
DRAWN BY: SMW
COPYRIGHT FORUM PHI, LLC
A1 .4
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