HomeMy WebLinkAboutLand Use Case.942 Chance Ct.0047.2011.ASLU THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0047.2011.ASLU
PARCEL ID NUMBERS 2737 182 98 005
PROJECTS ADDRESS 942 CHANCE CT
PLANNER AMY SIMON
CASE DESCRIPTION PUD AMENDMENT
REPRESENTATIVE DAVID MYLER
DATE OF FINAL ACTION 11.14.11
DATE OF FINALREFUND/ 12.31.14
PAYMENT
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CLOSED BY ANGELA SCOREY ON: 1.13.15
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RECEPTION#: 584351, 11115/2011 at
11:21:28 AM,
1 OF 2, R $16.00 Doc Ode SUB AGREE
Janice K. Vos Caudill, Pitkin County, CO
AMENDMENT NO. 1 — — —
TO
P.U.D. AND SUBDIVISION AGREEMENT
This Amendment No. 1 to P.U.D.and Subdivision Agreement("Amendment No. I")is made
and entered into this Lf day of AA.C") , 2011, by and between the CITY OF ASPEN,
a Colorado municipality ("Aspen"), and WILLIAM T. DILLARD II and MARY AMANDA
DILLARD (the "Dillards").
RECITALS
A. On or about July 25, 1984, Aspen and Aspen Chance, Inc. entered into a P.U.D. and
Subdivision Agreement, which was recorded in Book 470 at Page 758 in the office of the
Clerk and Recorder of Pitkin County, Colorado (the "PUD Agreement"), which set forth
certain conditions and requirements related to the approval, use and occupancy of lots to be
developed within the Aspen Chance Subdivision in Aspen, Colorado;
B. The Dillards are the current owners of Lot 5, Aspen Chance Subdivision, according to the
Plat thereof recorded November 19, 1989, in Plat Book 23 at Page 55, as Reception No.
317001, and in Plat Book 18 at Page 28, as Reception No. 274911, County of Pitkin, State
of Colorado ("Lot 5");
C. Article II of the PUD Agreement required that the use and occupancy of any employee
housing unit constructed within the residences on Lots 4, 5 or 7 of the Aspen Chance
Subdivision be restricted to comply with Aspen's Affordable Housing Guidelines, as more
specifically set forth in said Article II; and
D. The parties desire to release Lot 5 from the employee housing restrictions as set forth in
Article II of the PUD Agreement.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
1. As authorized by Ordinance No.25,Series of 2011,adopted and approved by the Aspen City
Council on August 12, 2011, and subject to the conditions thereof, Lot 5 and the owners
thereof are hereby forever released from the provisions of Article I1 of the PUD Agreement.
With respect to Lot 5, the provisions of Article II of the PUD Agreement shall be of no
further force or effect.
2. Except as provided in paragraph 1, above, the PUD Agreement shall remain in full force
and effect.
CITY OF ASPEN, a Colorado mu icipality
By:
Attest: , Mayor
ASPEN CITY CLERK
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William T. Dillard II
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.Mary Am da Dillard
STATE OF
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COUNTY OFI- )
The foregoing instrument was acknowledged before r��,�tl 5,; day of dovembre,
2011, by William T. Dillard II. ,�`�,k Q�B.!.-q,9'%,�
�'••WENDY•'•.V,-
Witness
Witness my hand and official seal. 2:•SMITHPETERS'•�
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My commission expires: ) I I f� aQlle •.COMM.EXP.��•�s sops .• �e
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Notary Public
STATE OFfi QS )
ss
COUNTY OF )
The foregoing instrument was acknowledged before ip%t+1jN1 ^Q,4 day of /UD
2011, by Mary Amanda Dillard.
�QQ' •WENDY
Witness my hand and official seal. ;R $MITHPETERS'; ,
*:No.12357488:
My commission expires: I(. I 1p aQ�lt COMM.EXP. s`
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Notary Public
Amendment No Ito PUD and Subdivision Agreement 09281 I.wpd
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rT L�sc",n Of
Refund Process. Forte
City cf Aspen
TiE QTY o ASPLN
Cormunl'ty Devel.cpm?nt Depa;tmen�
r-ees to Refund? D BUILDING CEJ PLANNING 0 ENGINEERING . 0 OTHER
Applicant Name:p I intn,-) Il CLQ,- CDniact Ph.# 601 3NG. ZJ 3-3S
Mailing address: pse
E-nail address:
Permit/Case .Number: 0)01-4 !7 24DIf
Project name & address: �O� S �S�eya (2'"C,41) e-k
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Fee Breakdown:
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- Original Fee Refund
Fee Description original Fee Refund Paid AmountFee Description I Paid l Amount
Energy C.odF Fee REMP Fee
Excavation Foundation Fee I Zoning Review Fee
Inspection Fee I Planning Application Fee
Permit Fee HPC Application Fee I I
Plan ChecE Dther.
Other. Other.
Other. Other,
Other. I Other:
TOTAL DF REFUND $'
Reason for Waive;
D Permit Cancelled
D' Case Withdrawn I
D Other—Please explain: ��e - 03 2 C( �l� o C � � C
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Additional Inforr,ation:
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` I
Date
Approved i I
Date Sent to Fina nce: .
ORDINANCE NO. 25
(SERIES OF 2011)
AN ORDINANCE, OF THE CITY OF ASPEN CITY COUNCIL APPROVING
WITH CONDITIONS, AN AMENDMENT TO THE ASPEN CHANCE
SUBDIVISION, RELATED TO 942 CHANCE COURT, LOT 5, CITY OF ASPEN,
PITKIN COUNTY,COLORADO.
Parcel ID:273 7-182-98-005
WHEREAS, the Community Development Department received an application
from William T. Dillard, I1 and Mary Amanda Dillard owners of 942 Chance Court,
represented by David Myler of The Myler Law Firm, P.C., requesting approval of an
amendment to the subdivision development order for the Aspen Chance Subdivision; and,
WHEREAS, the purpose of the amendment is to provide a cash-in-lieu payment
to remove a deed restricted unit which was voluntarily provided on the subject parcel;
and,
WHEREAS,a Subdivision Amendment shall be approved by the City Council as
outlined in Section 26.480.080 B., Other Amendment, of the Land Use Code; and,
WHEREAS, upon review of the application and the applicable code standards,
the Community Development Department recommended approval, with conditions, of the
proposed subdivision amendment; and,
WHEREAS, during a duly noticed public hearing on September 12, 2011, the
City Council opened the hearing, took public testimony, considered pertinent
recommendations from the Community Development Director, and referral agencies; and
WHEREAS, the Aspen City Council finds that the development proposal meets or
exceeds all the applicable development standards and that the approval of the development
proposal, with conditions, is consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the City Council finds that this ordinance furthers and is necessary for
the promotion of public health,safety,and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN CITY
COUNCIL AS FOLLOWS:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the City of Aspen Municipal
Code, the City Council hereby approves with conditions an amendment to the subdivision
development order related to 942 Chance Court, Lot.5, Aspen Chance Subdivision with
the following conditions:
1) A building permit shall be issued by the City of Aspen Building Department for
the removal of the kitchen in the existing dwelling unit, thereby eliminating the
Page 1 of 3
unit and establishing 942 Chance Court as a single family home. A Certificate of
Occupancy verifying the satisfactory completion of this work must be secured
within 180 days of approval of this ordinance.
2) A cash-in-lieu fee of$380,742.25 shall be paid to the City of Aspen at the time of
application for the building permit referenced above.
Section 2
The Applicant shall record a subdivision agreement that meets the requirements of Land
Use Code Section 26.480, Subdivision,within 180 days of approval of this ordinance.
Section 3:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the City Council, are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein,
unless amended by an authorized entity.
Section 4:
This 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 5•
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.
The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this
ordinande in the office of the Pitkin County Clerk and Recorder.
Section 6•
A public hearing on this ordinance shall be held on the 12`h day of September, 2011, at a
meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers,
Aspen City Hall, Aspen, Colorado, 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 22nd day of August,2011.
Attest:
46NWX -Ldwwz—
`Kathryn S och,City Clerk Michael C. reland,Mayor
Page 2 of 3
FINALLY, adopted,passed and approved this day of September,2011.
Atte .
A **Z.,fa
Kathryn �'h;Ci Clerk Michael C. Ireland,May
Approved as to form:
ity Attorney
Page 3 of 3
MEMORANDUM V111 b
TO: Mayor Ireland and Aspen City Council
THRU: Chris Bendon, Community Development Director
FROM: Amy Guthrie, Historic Preservation Officer
RE: Aspen Chance Subdivision Amendment—Second Reading of Ordinance#25,.
Series of 2011
DATE: September 12, 2011
APPLICANT/OWNER:
William T. Dillard, II and Mary Amanda R f
Dillard. f ` ;
REPRESENTATIVE:
David Myler, Attorney
LOCATION:
Lot 5, Aspen Chance Subdivision
CURRENT ZONING & USE
R-15 with a Planned Unit Development � B,
(PUD) Overlay.
Figure 1: Photo of subject house. The existing caretaker unit is
SUMMARY OF PROPOSAL: behind this garage.
Aspen Chance is a seven parcel
subdivision located off of Ute Avenue
Approved in 1984, all of the homes in the x
Subdivision were exempt from Growth e � :
Management because they replaced units
that were already in existence before the
adoption of GMQS. Three of the seven-
parcels
evenparcels were permitted (not required) to
have employee dwelling units. 942 6 �-
Chance Court, the subject of this F t
application, contains a 1 bedroom, 600
square foot employee unit which is r
incorporated into the house.. The unit is
deed restricted to Category 3, with
mandatory occupancy, however the deed
restriction will expire in 2034. After _ �_Y r
using the unit as required for many years, N
the owner would like to provide a cash-in- S1 R -:.
lieu payment.
STAFF RECOMMENDATION: Figure 2: Vicinity Map
Approval with conditions.
LAND USE REQUESTS AND REVIEW PROCEDURES:
The Applicant is requesting the following land use approval to redevelop the site:
Subdivision Amendment for a change to an approved subdivision development order per
Land Use Code Section 26.480.080.8. City Council is the final review authority who
may approve, approve with conditions, or deny the proposal based on whether the
amendment is consistent with the approved subdivision development order.
PROJECT SUMMARY:
City Council approved a PUD/Subdivision for Aspen Chance in 1984. At the time, this former
mining claim was already developed with seven legal dwelling units. The subdivision approval
included clean up of some environmental concerns and included the dedication of approximately
3 acres of open space (located on a portion of the property that lies in the County.)
There is no ordinance approving the subdivision, but a plat and Subdivision Improvement
Agreement were filed.
The Subdivision Improvement Agreement is explicit in the terms related to the employee
dwelling units. The SIA and staff memorandums about the project made it clear that the
employee units were voluntary, not required mitigation. Once established, the employee units
became subject to the following language in the SIA:
The Owner hereby covenants with the City that the
three employee units described above in S 1 , paragraph D, to
be constructed on Lots 4, 5 and 7 shall be each restricted
in terms of their use and occupancy to rental and occupancy
guidelines established by the - City Council for moderate
income employee , housing. The owner of the lot shall have
the right to lease the unit to a qualified employee of his
selection. Such individual may be an employee of the Owner
employed as a resident caretaker, provided such person
fulfills the definition of "qualified employee" set forth
herein. "Qualified employee" as used herein shall mean any
person currently residing and employed in the City of Aspen
or Pitkin County an average of thirty (30) hours per week,
nine months out of any twelve (12) month period who shall
meet the moderate income and occupancy eligibility
requirements generally established and applied by the City
in respect of employee housing. Verification of employment
of those persons living in the employee units shall be
completed and filed with the City Council or its designee by
the owner of the unit. if an owner does not rent the
employee unit on . his lot to a qualified employee, the
employee unit shall be made available in accordance with
Housing Authority guidelines , provided the Owner shall have
the right to approve any prospective tenant, which approval
shall not unreasonably be withheld. The standard "Housing
Authority Employee, Unit Agreement" shall be entered into
prior to the issuance of - a building permit for any lot
containing the emalovee housing units and that agreement
6
Page 2 of 4
shall be filed with the City of Aspen Housing Authority.
These covenants shall be deemed to run with lots 4, 5 and .7
as a burden thereto for the benefit of and shall be
specifically enforceable by the City by any appropriate
legal action including injunction, abatement, eviction or
rescission of noncomplying tenancy, for the period of the
life of the longest lived member of the presently existing
City Council of the City of Aspen, Colorado, plus twenty-one
(21) years, or for a period of fifty (50) years from the
date. of recording hereof in the Pitkin County real property
records, whichever period shall be less.
As Housing Authority guidelines changed over the years, this language has been interpreted to
mean that the unit is restricted to Category 3. While the owner did comply with the required
terms for many years, at some point the unit ceased to be occupied and the Housing Authority
began enforcement action.
The owner has determined that having an on-site caretaker no longer meets their needs. They
propose to remove the deed restriction by payment of a cash-in-lieu fee. The basis for the
calculation is as follows. The existing employee housing unit is a 1 bedroom, which provides for
the equivalent of 1.75 employees according to housing guidelines. The current cash-in-lieu fee
for Category 3, per employee is $217,567, which when multiplied by 1.75 equates to
$380,742.25.
STAFF COMMENTS:
The Applicant is requesting subdivision approval for a proposed amendment to a subdivision
development order that is consistent with the original approval.
In reviewing the subdivision portion of the application, Staff believes that the proposal meets the
applicable subdivision review standards established in Land Use Code Section 26.480.080,
Amendment to subdivision development order. The unit was provided voluntarily, but did result
in a deed restriction that cannot be eliminated unless approved by City Council.
The deed restriction requires this Category 3 unit to be occupied for the next 23 years and no
longer. Rather than lose the affordable housing unit forever, the cash-in-lieu payment will allow
the creation of a permanent affordable housing unit elsewhere in Aspen. It should be noted that
the affordable unit at 942 Chance Court is integrated in the house and does not meet current
standards for private entry.
REFERRAL AGENCY COMMENTS:
The Housing Authority supports the proposed subdivision amendment.
RECOMMENDATION:
Staff recommends City Council adopt the attached ordinance on Second Reading, approving a
subdivision amendment for Aspen Chance Subdivision with the following conditions:
1) A building permit shall.be issued by the City of Aspen Building Department for the
removal of the kitchen in the existing dwelling unit, thereby eliminating the unit and
establishing 942 Chance Court as a single family home. A Certificate of Occupancy
Page 3 of 4
verifying the satisfactory completion of this work must be secured within 180 days of
approval of this ordinance.
2) A cash-in-lieu fee of $380,742.25 shall be paid to the City of Aspen 'at the time of
application for the building permit referenced above.
RECOMMENDED MOTION(ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to adopt Ordinance No.25, Series of 2011."
CITY MANAGER COMMENTS:
ATTACHMENTS:
Ordinance #25, Series of 2011
Exhibit A- Application
Exhibit B- Housing Authority referral comment
Exhibit C- City Council minutes of January 30, 1984
Exhibit D- Original renderings and floor plan for 942 Chance Court
Page 4 of 4
ORDINANCE NO. 25
(SERIES OF 2011)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING
WITH CONDITIONS, AN AMENDMENT TO THE ASPEN CHANCE
SUBDIVISION, RELATED TO 942 CHANCE COURT, LOT 5, CITY OF ASPEN,
PITKIN COUNTY, COLORADO.
Parcel ID: 2 73 7-182-98-005
WHEREAS, the Community Development Department received an application
from William T. Dillard, II and Mary Amanda Dillard owners of 942 Chance Court,
represented by David Myler of The Myler Law Firm, P.C., requesting approval of an
amendment to the subdivision development order for the Aspen Chance Subdivision; and,
WHEREAS, the purpose of the amendment is to provide a cash-in-lieu payment
to remove a deed restricted unit which was voluntarily provided on the subject parcel;
and,
WHEREAS, a Subdivision Amendment shall be approved by the City Council as
outlined in Section 26.480.080 B., Other Amendment, of the Land Use Code; and,
WHEREAS, upon review of the application and the applicable code standards,
the Community Development Department recommended approval; with conditions, of the
.proposed subdivision amendment; and,
WHEREAS, during a duly noticed public hearing on September 12, 2011, the
City Council opened the hearing, took public testimony, considered pertinent
recommendations from the Community Development Director, and referral agencies; and
WHEREAS, the Aspen City Council finds that the development proposal meets or
exceeds all the applicable development standards and that the approval of the development
proposal, with conditions, is consistent with the goals and elements of.the Aspen Area
Community Plan; and,
WHEREAS, the City Council finds that this ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN CITY
COUNCIL AS FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the City of Aspen Municipal
Code, the City Council hereby approves with conditions an amendment to the subdivision
development order related to 942 Chance Court, Lot 5,, Aspen Chance Subdivision with
the following conditions:
1) A building permit shall be issued by the City of Aspen Building Department for
the removal of the kitchen in the existing dwelling unit, thereby eliminating the
Page 1 of 3
unit and establishing 942 Chance Court as a single family home. A Certificate of
Occupancy verifying the satisfactory completion of this work must be secured
within 180 days of approval of this ordinance.
2) A cash-in-lieu fee of$380,742.25 shall be paid to the City of Aspen at the time of
application for the building permit referenced above.
Section 2•
The Applicant shall record a subdivision agreement that meets the requirements of Land
Use Code Section 26.480, Subdivision, within 180 days of approval of this ordinance.
Section 3:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the City Council, are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein,
unless amended by an authorized entity.
Section 4•
This 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 5•
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.
The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this
ordinance in the office of the Pitkin County Clerk and Recorder.
Section 6:
A public hearing on this ordinance shall be held on the 12th day of September, 2011, at a
meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers,
Aspen City Hall, Aspen, Colorado, 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 22nd day of August, 2011.
Attest:
Kathryn S. Koch, City Clerk Michael C. Ireland,Mayor
Page 2 of 3
• i
FINALLY, adopted, passed and approved this_day of September,2011.
Attest:
Kathryn S. Koch, City Clerk Michael C.Ireland,Mayor
Approved as to form:
City Attorney
Page 3 of 3
0
RECFIVED
ATTACHMENT 2—LAND USE APPLICATION JUN 2 2 2011
PROJECT:
eiTY OF ASPS
Name: Lot 5,.Aspen Chance Subdivision rOMMi I IITy 11;=1 0DA41417
Location: 942 Chance Court,Aspen,Colorado 81611
Indicate street address, lot&block number, legal description where appropriate)
Parcel ID#(REQUIRED) 273718298005
APPLICANT:
Name: William Dillard
Address: c/o Dillard Department Stores,Inc.,P.O.Box 486,Little Rock,Arkansas 72203-0486
Phone#: Contact: Paul Schroeder at(501)376-5335
REPRESENTATIVE:
Name: David J. Myler
Address: 211 Midland Avenue,Suite 201,Basalt,Colorado 81621
Phone#: (970)927-0456 `
TYPE OF APPLICATION: (please check all that apply):
❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use
❑ GMQS Allotment ❑ Final PUD(& PUD Amendment) ❑ Text/Map Amendment
❑ Special Review ❑ Subdivision ❑ Conceptual SPA
❑ ESA—8040 Greenline, Stream ❑ Subdivision Exemption(includes ❑ Final SPA(& SPA
Margin,Hallam Lake Bluff, condominiumization) Amendment)
Mountain View Plane
❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/
Expansion
❑ Residential Design Variance ❑ Lot Line Adjustment Other: Amendment to P.U.D.i
❑ Subdivision Agreement
Conditional Use
EXISTING CONDITIONS: (description of existing buildings,.uses, previous approvals,etc.)
Existing single-family residence with one(1)employee dwelling unit.
PROPOSAL: (description of proposed buildings, uses,modifications,etc.
Remove Employee Housing requirements applicable to Lot 3,Aspen Chance Subdivision.
Have you attached the following? FEES DUE: $ 1,682.00
Pre-Application Conference Summary
Attachment#1,Signed Fee Agreement
❑ Response to Attachment#3, Dimensional Requirements Form
❑ Response to Attachment#4, Submittal Requirements- Including Written Responses to Review Standards
❑ 3-D Model for large project
All plans that are larger than 8.5"X 11"must be folded. A disk with an electric copy of all written text
(Microsoft Word Format)must be submitted as part of the application. Large scale projects should include an
electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model.
• •
THE MYLER LAW FIRM, P.C.
A Colorado Professional Corporation TELEPHONE
DAVID J.MYLER (970)927-0456
FACSIMILE
ADMITTED IN CO' (970)927-0374
211 MIDLAND AVENUE
EMAILS
SUITE 201 dmyler@mylerlawpe.com
CONNIE A.WOOD,LEGAL ASSISTANT
BASALT,COLORADO 81621 cwood@mylerlawpc.com
June 20, 2011
RE
City of Aspen JUN 2 , 2011
Community Development Department CITY OE ,,r p—
ifer
30 Stouth Galena Street Phelan� Jif°1TY 0EVRj opjjF 1
Aspen, CO 81611
RE: Amendment to P.U.D. and Subdivision Agreement
Aspen Chance Subdivision (Reception#261360)
Dear Jennifer:
I am submitting this letter to request an amendment to the above-referenced Agreement in
order to remove the Employee Housing restrictions applicable to Lot 5,Aspen Chance Subdivision.
Those restrictions are set forth in Section II of the Agreement. The following items are submitted
in support of this request:
1. Deposit in the amount of$1,682.00.
2. Applicant Information: William Dillard
c/o Dillard Department Stores, Inc.
P. O. Box 486
Little Rock, Arkansas 72203-0486
3. Applicant's Letter of Authorization.
4. Title Insurance Report which confirms that the Applicant is the owner of Lot 5,Aspen
Chance Subdivision, a/k/a 942 Chance Court, Aspen, Colorado 81611.
5. Completed Land Use Application.
6. Signed Fee Agreement.
THE MYLER LAW FIRM, P.C.
City of Aspen
Community Development Department
June 20, 2011
Page 2
7. Pre-Application Conference Summary.
The residence on Lot 5 was constructed with a one-bedroom employee dwelling unit which
satisfied the requirements of Section II of the above-referenced Agreement. The employee dwelling
unit has been rented to a single qualified employee/caretaker, in accordance with the applicable
Employee Housing restrictions,for the last eighteen(18)years. The caretaker/tenant recently retired
and is no longer residing in the unit. The Applicant does not wish to replace the caretaker with a
new tenant. Since the employee unit was not required as mitigation housing when the Aspen Chance
Subdivision was approved, and since the employee housing restrictions as set forth in the above-
referenced Agreement will automatically expire in 2034,the Applicant proposes to extinguish that
requirement at this time in exchange for payment of the applicable cash-in-lieu amount. That
amount will be based on 1.7 Category 3 employees and is expected to be $380,742.25.
If you need any additional information or have any questions,please do not hesitate to contact
me.
Very truly yours,
THE MYLER W FIRM, P.C.
By:
David J. Myler
Enclosures
cc: Paul Schroeder for William Dillard (Via Email)
MEMORANDUM
TO: Amy Guthrie
FROM: Cindy Christensen, Housing
DATE: August 12, 2011
RE: Buyout of EDU at 942 Chance Court,Lot S,Aspen Chance Subdivision
Parcel ID No. 2737-182-98-005
ISSUE: The applicant is requesting to have a deed-restricted unit released by paying a cash-in-lieu
fee.
BACKGROUND: The PUD and Subdivision Agreement for the Aspen Chance Subdivision was
approved on July 27, 1984 and was recorded at Reception No. 261360. One of the elements was as
follows:
Lots 4, 5 and 7 may contain a free market dwelling unit and a one (1) bedroom
employee dwelling unit deed restricted to moderate income rental guidelines, both
contained in a structure as shown on the preliminary Plat of the Aspen Chance
Subdivision,.
After reviewing the land use documents, the units were not provided for mitigation purposes. The
applicant had been renting the unit to a qualified employee/caretaker in accordance with the deed
restriction. The employee/caretaker has retired and the applicant is requesting to extinguish the
requirement by providing a payment of what would be the applicable cash-in-lieu amount for a one-
bedroom, moderate (Category 3) unit. The current cash-in-lieu fee for a Category 3, one-bedroom
unit is 1.75 X$217,567= $380,742.25.
RECOMMENDATION: Staff is recommending approval due to the following:
1. The unit was not required for mitigation purposes.
2. The unit is not restricted in perpetuity and would be released in 2034 or sooner.
3. The applicant is willing to provide the current cash-in-lieu fee for a one-bedroom, Category
3 unit.
4. The applicant had been renting the unit as specified in the PUD and Subdivision
Agreement.
ACYulal11CCL1[1Y 'H5pen UI Ly Louncll January .SU, iNtl4
Butera said he W not believe the project can be financeWs proposed. Butera said if
ji this is approved, all hotel zoning for the near future is given away, and buildings will
continue to deteriorate. Good opportunities for moderatesi zed hotels will pass. Butera
said many towns attract all the tourists they need with beautiful small and medium sized
hotels. Butera urged Council to consider the economic and broader questions in their
deliberations.
Novak said the applicants have every indication the hotel can be financed. A smaller hotel
would not be viable because of the cost of the amenities. Novak said the applicants have
4 worked out with the planning staff a program that would make sense. Mayor Stirling said
this issue will be again on the February 6, 1984 agenda.
ORDINANCE #78, SERIES OF 1983 - Towing Agreement
Mayor Stirling opened the public hearing. City Attorney Taddune told Council all parties
are meeting this week to work out the problems, so the ordinance is not ready for second
hearing.
I
Councilwoman Walls moved to continue the public hearing and table Ordinance #78, Series of
1983, until February 13, 1984; seconded by Councilman Collins. All in favor, motion
carried. i
ORDINANCE #79, SERIES OF 1983 - Snow Removal
I
City Attorney Taddune told Council there are changes from the second draft. In Section
19-181, requires whoever is in charge of the building abutting the sidewalk area intended
for pedestrian.use must remove snow and ice at least five feet-in width. Taddune said
they used sidewalk area so that it will apply to an area whether it is paved or unpaved.
Taddune said.the snow and ice shall be removed on the same days as cessation of fall of
snow, ice or within the first three hours of daylight, whichever period is longer.
Taddune pointed out 19-183(c) contains a provision that if the person in charge of the
building does not remove the snow, someone appointed by the city will do it. This section9
assesses the cost of snow removal plus a 100 per cent.penalty.
Taddune said the staff wants to discourage people from using the city as a snow removal j
service. Taddune said in this ordinance, it is indicated specifically any person violating
this ordinance could be guilty of a misdemeanor. Taddune told Council he has defined the
accumulation of ice and snow on the sidewalk as'a nuisance.
i
Mayor Stirling opened the public hearing.
i
Francis Whitaker said this problem has gone on for at least ten years, and it is time
something is done about it. Whitaker pointed out many of the older sidewalks are less
than five feet, and people should be required only to clear the sidewalk. Whitaker
suggested eliminating the word cessation of snow and insert instead "by noon". Whitaker
said it is easier to clean the snow before noon and before it becomes compacted. Whitaker';
said if the city makes one serious effort to get the sidewalks cleaned, there will be
compliance. There has not been an overall effort to enforce the snow removal ordinance.
Gideon Kaufman asked how this ordinance would be implemented.
Mayor Stirling closed the public hearing.
Taddune said the staff did consider the two changes proposed by Whitaker. Taddune agreed
about less than five feet sidewalks, but there are areas used for pedestrians that are
not paved and the city would have a problem guessing how large an area should be cleared. {
Taddune said the staff felt five feet was the width of five feet. City Manager Chapman
said if someone cleans a sidewalk, and it is less than five feet, the city is not going
to make someone clean two feet into the street. Taddune said the staff was very sensitive:
on the point of when to remove the when. The staff felt the city needed something to
indicate when a person would be in violation of the ordinance. Taddune said the staff
tried to come up with a solution that best meets the needs of the community.
i
Mayor Stirling said clearing sidewalks is a matter of pride and a spirit of cooperation.
The more specific the ordinances gets, the more difficult it becomes to enforce. Council—
man Blomquist said 90 per cent of the problem can be handled by ordinance. Councilman
Blomquist said all penalties should be the responsibility of the owner. Chapman said the
staff discussed a lot about who to cite for this problem; the nub of the problem has always
been who to enforce this against. Taddune told Council this ordinance is better than the
current ordinance; this gives enforcement options and gives the city the ability to
{ remove snow in a hazardous situation.
Councilman Blomquist moved to adopt Ordinance #79, Series of 1983; seconded by Councilwoman
Walls. Roll call vote; Councilmembers Walls, aye; Collins, aye; Blomquist, aye; Mayor
Stirling, aye. Motion carried.
SPA ZONE DISCUSSION
Councilman Collins moved to table this item; seconded by Councilman Blomquist. All in
favor, motion carried.
ASPEN CHANCE SUBDIVISION
Mayor Stirling said this is conceptual application for an R-15/PUD subdivision; if approved
it is authorizing further study and review by P & Z. Colette Penne, planning office, told'
Council there are other reviews associated with this application; GMP exception for three
employee units, 8040 greenline review. P & Z deferred action on these until preliminary
plat because they need more detailed information. Ms. Penne said this project is not
competing in GMP because it went through verification of existing units, and the staff
verified seven units. Ms. Penne said this is located across from the Aspen Alps with
j several small cottages on the bottom, the durant mine building, and a single family dwell-
ing.
i
Regular Meeting Aspen uicy uounciu January su, 1104
Ms. Penne told Council the apple t is asking for three employee rental u is that will
be part of the free market structures. There is no employee housing requirement for this
property. Ms. Penne said part of this parcel is in the county and part in the city. The
applicants did not count density for any property in the county or any property above the
8040 line. The applicants intend to give a trail easement to connect with the Aspen Club
trail. The applicant has preliminary geological studies and is working on more detail.
One of the questions is that there will not be any impact of old mine shafts, the question .
I of the toxic nature of these mine tailings. These items will come out at preliminary plat., `
I
Ms. Penne said the basic question in subdivision is the suitability of the land for subdivi'- +
sion. Ms. Penne said the applicant has been very sensitive to the people living on this
land, and some of them have indicated interest in the employee units. Ms. Penne said
access will be from Ute avenue and from Aspen Alps road. Ms. Penne said access and parking'
for the Aspen Alps tennis courts should be formalized through agreements. The applicant
plans parking at one space per bedroom, which meets the Code requirement. There will be
smalllots delineated and extensive common areas. Ms. Penne said the applicant has
addressed the purposes of the PUD, has done some innovative site planning, and the structures
will fit well on the site.
Ms. Penne told Council the structures will be sheltered, the majority of trees will be kept'. j
The utilities will be underground. Councilman .Blomquist said he would like to consider
annexation for the parts of this property not in the city. Councilman Blomquist said he
would also like dedication of the land above the 8040 greenline as a park. Councilman
Blomquist said he would like the city to begin acquiring small parcels of land around
the 8040 area as a green belt. Ms. Smith said the applicant has no problem with annexation
would like to do it subsequent to this subdivision as they would like to construct this 1
summer. Ms. Penne told Council the planning office and P & Z recommend approval of the {
conceptual sugdivision with 16 conditions.
Councilman Blomquist moved to approve conceptual subdivision for the Aspen Chance subdivi
Sion with the 16 conditions listed in the planning office memorandum of January 23, 1984;
seconded by Councilman Collins. All in.favor, with the exception of Mayor Stirling. Motion
carried. Mayor Stirling said he would have liked to table this for all the Council to have
a site visit and to address some of the concerns.
f I
I HANNAH DUSTIN CONDOMINIUMIZATION
i Councilman Collins moved to table this item; seconded by Councilwoman Walls. All in favor,;; 1
motion carried.
MENDENHALL SUBDIVISION EXCEPTION
Richard Grice, planning office, said this is a request for a lot line adjustment between
two adjacent lots owned by the Mendenhalls. At the time the house on lot 2 was constructed,
there was a building error. The applicants would like to correct the situation on the
public record and have proposed a lot line adjustment and a 628 square foot of property
exchange between the two lots. Each lot will continue to be the same size. Grice told
!
Council no potential development rights will be increased or decreased.
Councilman Collins moved to approve the Mendenhall subdivision exception subject to the
preparation of a plat meeting the final plat requirements of section 20-15 to be approved
by the city engineer prior to recording and subject to the preparation of a statement of
subdivision exception to be approved by the city attorney prior to recording; seconded
by Councilman Blomquist. All in favor, motion carried.
i
REQUEST FOR ENCROACHMENT - Congdon
i
i Jay Hammond, engineering department, said the location of the fence has been staked and
f the fence is behind the existing cottonwood trees. Hammond said he talked to the parks
director, who has no problems with this. The city does have the opportunity to ask ..'. for !
the removal of the encroachment. The staff recommends approval. Mayor Stirling said many ,:
their own risk. Councilman Blomquist said in
people in the west end have encroached as
order to get a building permit, the applicant has to have encroachment permission.
Councilman Blomquist 'moved to grant an encroachment license at 202 West Francis subject to '';
conditions 1, 2, and 3 in.the engineering memorandum of December 20, 1983; seconded by '
Councilwoman Walls. All in favor, with the exception of Mayor Stirling. Motion carried.
i
i
CASTLE CREEK STOPLIGHT
i
Jay Hammond, engineering department, told Council there was a request from Aspen Highlands
for a stop light at Castle Creek and Highway 82. City Manager Chapman said Highlands
feels in the morning and during ski season people turning left onto highway 82 have a
difficult time, and for safety reasons and ease of access, a traffic light would provide
better flow. The state has concluded a traffic light is warranted, but they won't put in
i used to be in
Hammond said this a light unless there is a request from the municipality. .
the county's jurisdiction and they have been reluctant to put in a light. Mayor Stirling
pointed out the county has authorized a traffic study, and both P & Z's are studying
st pointed out with the school people also using
the traffic question. Councilman Blomquii
i the intersection, it does become dangerous. i
Councilman Blomquist moved the city request the state to install a traffic light at this
i intersection; seconded by Councilwoman Walls.
I
Councilman Collins said he would like to see other options besides huge traffic lights. I
Council agreed they would like more information before having a light installed. Council
requested accident data at this intersection, a copy of the state's warrant information,
and what types of signals are available.
Councilman Blomquist moved to ask engineering to submit a report to Council on the state
highway's warrant study, maps of traffic accidents in the Aspen area, and signal options;
seconded by Councilwoman Walls. All in favor, motion carried.
i
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MAIN LEVEL FLOOR PLAN
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: 942 Chance Court, Aspen, CO
SCHEDULED PUBLIC HEARING DATE: September 12, 2011
i
STATE OF COLORADO )
ss.
County of Pitkin )
I, David J. Myler, 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.
X Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15) days prior to the public hearing
and was continuously visible from the 261h day of August, 2011, to and including
the date and time of the public hearing. A photograph of the posted notice (sign)
is attached hereto.
X. Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the .
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
(continued on next page)
Mineral Estate Owner Notice. By the certified mailing of notice, return receipt
requested, to affected mineral estate owners by at least thirty (30) days prior to
the date scheduled for the initial public hearing on the application of
development. The names and addresses of mineral estate owners shall be those
on the current tax records of Pitkin County. At a minimum, Subdivisions that
create more than one lot, Planned Unit Developments, Specially Planned Areas,
and COWAPs are subject to this notice requirement.
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall be
waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendme
PSignature '
� w
The foregoing "Affidavit Ayvler.
otice"was acknowledged before me this /5�day
of September, 2011, by David J.
WITNESS MY HAND AN FICIAL SEAL.
My commission ex .�PAW/
T
• B�
i.
Public
ATTACHMENTS AS APPLICABLE:
• COPY OF THE PUBLICA TION
• PHOTOGRAPH OF THE POSTED NOTICE(SIGN)
• LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
• APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE
AS REQUIRED BY C.R.S. X24-65.5-103.3
PUBLIC NOTICE
RE: 942 CHANCE COURT- SUBDIVISION AMENDMENT
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, September 12,
2011, at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers,
City Hall, 130 S. Galena St., Aspen, to consider an application submitted by William T. Dillard, II
and Mary Amanda Dillard, c/o William Dillard, Dillard Department Stores, Inc., P.O. Box 486,
Little Rock, Arkansas 72203-0486. The Dillards are the owners of 942 Chance Court, Lot 5,
Aspen Chance Subdivision and are represented by David Myler, Attorney. The applicants
request an amendment to a 1984 Subdivision Approval, in order to remove a voluntary
affordable housing unit and provide a cash-in-lieu payment. For further information, contact Amy
Guthrie at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO,
(970)429-2758,.amy.guthrie@ci.aspen.co.us.
s/Michael C. Ireland,Mayor
Aspen City Council
Published in the Aspen Times on August 28, 2011
--------------------------
City of Aspen Account
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VIARSLAND SUSAN L TRUST MARTIN HARRY M 1/6 "
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CHICAGO, IL 60610 COLORADO SPRINGS, CO 80906 67 CALLE RIVERO
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ACCLUSKEY DARLENE M MCCORMICK ROGER F FAMILY TRUST MCCOY TRUST
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DRAIRIE VILLAGE, KS 66208 MCCORMICK MARY E 34% LAFAYETTE, CA 94549
PO BOX 21532
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M PLEASANT ST 350 W 57TH ST#17A 217 SCAIFE RD
MANCHESTER BY THE SEA, MA 01944 NEW YORK CITY, NY 10019 SEWICKLEY, PA 15143
M •
MEYER HOWARD W MEYER WILLIAM J 2/3 MIKA PATRICK D
2660 MIDDLEBURY LN 1101 17TH ST NW, STE 1000 630 N TEJON ST
BLOOMFIELD HILLS, MI 48301 WASHINGTON, DC 20036 COLORADO SPRINGS, CO 80903
MILL IRON INVESTMENTS LLC 15% MMR ASPEN RESIDENCE TRUST MOEN DONNE P& ELIZABETH A
SHOHET CAROLYN S 85% 1225 WESTMOOR RD 8 CABALLEROS RD
CARLISLEE,, MA 01741
PO BOX WINNETKA, IL 60093 ROLLING HILLS, CA 90274
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PALM BEACH, FL-33480 HOUSTON,TX 77006 LOS ANGELES, CA 90067
NUTTER GEORGE ERNEST& LYNDSAY OGURI HIROSHI & KYOKO ORR ROBERT L FAMILY
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1570 ROSE VILLA ST
TORONTO ONTARIO PASADENA, CA 91106 500 PATTERSON RD
CANADA M4G 3P3 GRAND JUNCTION, CO 81506
OTTO GERDAU CO OWEN BILLYE HOWELL PAGEAL VENTURES LTD
BO WALL ST#314 3535 GILLESPIE#303 55 DELISLE AVE#1003
NEW YORK, NY 10005 DALLAS,TX 75219 TORONTO ONTARIO
CANADA M4V 3C2
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191 SPAULDING LN 10100 EMPYREAN WAY APT 103 1900 GARRAUX WOODS RD NW
VANSTON,WY 82930 LOS ANGELES, CA 900673815 ATLANTA;GA 30327
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3EVERLY HILLS, CA 90210 NEW YORK, NY 10021 POMPANO BEACH, FL 33060-6768
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/IC LEAN, VA 22120 SHAWNEE MISSION, KS 66208 SARASOTA, FL 34231
QD FORECASTLE LLC RAINEY J WALKER& GILLIAN RAMSEY STACIE A
QUARTERDECK HOLDING LLC 2 PALMERSTON VILLAS 39 CANTERBURY RD
ONE NORTHFIELD PLAZA#530 RATHMINES MADISON, NJ 07940
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RAPPAPORT FAMILY PARTNERS LTD REICH DANIEL S TRUST 25% INT REICH MELVIN L TRUST
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13912 FLINT 6214 N 34TH ST 2900 WESLAYAN RD STE-500
OVERLAND PARK, KS 66221 PARADISE VALLEY,AZ 85253 HOUSTON,TX 77027
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LOS ANGELES, CA 90049 WILMETTE, IL 60091 LLC,TAX SERVICE DIVISON
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C/O LESLIE SCHAFFER
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STEWART SAMUEL.&JACQUELINE 50% STOPEK RICHARD E&JULIE TAGUE PETER&CHERYL
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METAIRIE, LA 70005 DELRAY BEACH, FL 33484 BRONXVILLE, NY 10708
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ZACHARY MARC ZEFF RICHARD L TRUST
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PO BOX 410 STRATHAM, NH 03885
ASPEN, CO 81612
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
c z Ci'� ,Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
STATE OF COLORADO )
ss.
County of Pitkin
(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 26.304.06.0
(E) of the Aspen Land Use Code in the following manner:
c/ Publication.of notice: By the publication in the legal notice section of an officiate
paper ora 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
C6minum
Develo ment Department, which was made of suitable waterproof
tY P, p �
.. ...,.:materials., which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15) days prior to the public hearing
and was continuously visible from the_day of , 20 , to
and including the date and time of the public hearing. A photograph of the posted
notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen ('15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hewing. A
copy of the owners and governmental agencies so noticed is attached hereto.
(Continued on next page) _
Rezoning or text amendment: Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall be
waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior-to the public hearing on such amendments.
Signature
The foregoing "Affidavit of Notice"was acknowledged before me this 2f7 day
of11 t<tG,14 S 7 , 20 , by
WITNESS MY HAND AND OFFICIAL SEAL
UBLI- 5/1 RE: 942 CHANCE COURT-SUBDIVISION My COmmi$siO p, e
AMENDMENT public hearing I
NOTICE IS HEREBY GIVEN that a
will be held on Monday,September
12 the 01Aspen
mat a
eeting to begin at 5:00 p.
City Council,City Council Chambers,City Hall,1330
ation
S.Galena St.,Aspen,to consider a II and Mary Notary Public
submitted by William T.Dillard, Dillard I 1V Ul ,� Y PUe
Aman da Dillard. Inc.PA.Box4i86,rLittleRock, � O ••°••••••.
DepartmentStore., • ••,�
Arkansas 72203-0486Chance
Court,
Lot 5,Aspen Chance i
_',,;.7
owners of 942 Chance Court, David Myler,
-Subdivision and al'can srrequets an amendment to CORY J.
Attorney. The app ;n order to remove a
a 1984 Subdivision Approyal, rovide a • GARSKE °
voluntary affordable housing unit and p e
ment. For further information, • :._
contactI;eu,pay moo_ •VS.1
contact Amy Guthrie at the City nt A30 S - /`�
' Community Development Department, ;
ATTACHMENTS AS APPLICABLE: •e•••••
Galena St., Aspen,
CO, (970)429-2758, 5&
am. u[hrie�ci. .co.us.
s/Micha Ireland Me or UBLICATION k9p
/� W RSB r� h
Aspen City Council _ MV 6 01 OMS0 IF66 QSU!/y1�M�E
Published in the Aspen Times Weekly on August 13F THE POSTED NOTICE (SIGN) f
28 2011. [6923743) - _ ,.vWNERS AND GOVERNMENT AGENCIES NOTIED j
BY MAIL.
* APPLICAN'T CERTICICATION OF MINERAL ESTATE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24-65.5-103.3
i
i
i
I
MEMORANDUM
TO: Mayor Ireland and Aspen City Council
THRU: Chris Bendon, Community Development Director
FROM: Amy Guthrie, Historic Preservation Officer
RE: Aspen Chance Subdivision Amendment—First Reading of Ordinance#�, Series
2011
DATE: August 22, 2011
APPLICANT/OWNER:
William Dillard
All
REPRESENTATIVE:
David Myler, Attorney s '
LOCATION:
Lot 5, Aspen Chance Subdivision
CURRENT ZONING& USE
R-15 with a Planned Unit Development
(PUD) Overlay. -
SUMMARY OF PROPOSAL: Figure 1: Photo of subject house. The existing caretaker unit is
Aspen Chance is a seven parcel behind this garage.
subdivision located off of Ute Avenue.
Approved in 1984, all of the homes in
the Subdivision were exempt from
Growth Management because they
replaced units that were already in
existence before the adoption of GMQS. = � �
Three of the seven parcels were
permitted (not required) to have
employee dwelling units. 942 Chance +�
Court, the subject of this application, �;.
contains a 1 bedroom, 600 square foot •� orf . ;
employee unit which is incorporated into *'
the house. The unit is deed restricted to
Category 3, with mandatory occupancy, *0 f x y
however the deed restriction will expire
...�r
in 2034. After using the unit as required '
for many years, the owner would like to .� N
provide a cash-in-lieu payment. �•
STAFF RECOMMENDATION:
Approval with conditions. Figure 2: Vicinity Map
LAND USE REQUESTS AND REVIEW PROCEDURES:
The Applicant is requesting the following land use approval to redevelop the site:
• Subdivision Amendment for a change to an approved subdivision development order per
Land Use Code Section 26.480.080.B. City Council is the final review authority who
may approve, approve with conditions, or deny the proposal based on whether the
amendment is consistent with the approved subdivision development order.
PROJECT SUMMARY:
City Council approved a PUD/Subdivision for Aspen Chance in 1984. At the time, this former
mining claim was already developed with seven legal dwelling units. The subdivision approval
included clean up of some environmental concerns and included the dedication of approximately
3 acres of open space (located on a portion of the property that lies in the County.)
There is no ordinance approving the subdivision, but a plat and Subdivision Improvement
Agreement were filed.
The Subdivision Improvement Agreement is explicit in the terms related to the employee
dwelling units. The SIA and staff memorandums about the project made it clear that the
employee units were voluntary, not required mitigation. Once established, the employee units
became subject to the following language in the SIA:
The Owner hereby covenants with the City that the
three employee units described above in 5 1 , paragraph D, to
be constructed on Lots 4, 5 and 7 shall be each restricted
in terms of their use and occupancy to rental and occupancy
guidelines established by the City Council for moderate
income employee housing. The owner of the lot shall have
the right to lease the unit to a qualified employee of his
selection. Such individual may be an employee of the Owner
employed as a resident caretaker, provided such person
fulfills the definition of "qualified employee" set forth
herein. "Qualified employee" as used herein shall mean any
person currently residing and employed in the City of Aspen
or Pitkin County an average of thirty (30) hours per week,
nine months out of any twelve (12) month period who shall
meet the moderate income and occupancy eligibility
requirements generally established and applied by the City
in respect of employee housing. Verification of employment
of those persons living in the employee units shall be
completed and filed with the City Council or its designee by
the owner of the unit. If an owner does not rent the
employee unit on his . lot to a qualified employee, the
employee unit shall be made available in accordance with
Housing Authority guidelines, provided the Owner shall have
the right . to approve any prospective tenant, which approval
shall not unreasonably be withheld. The standard "Housing
Authority Employee Unit Agreement" shall be entered into
prior to the issuance of a building, permit for any lot
containing the emalovee housincr units and that aclreement
Page 2 of 4
shall be filed with the City of Aspen Housing Authority.
These covenants shall be deemed to run with lots 4, 5 and 7
as a burden thereto for the benefit of and shall be
specifically enforceable by the City by any appropriate
legal action including injunction, abatement, eviction or
rescission .of noncomplying tenancy, for the period of the
life of the longest lived member of the presently existing
City Council of the City of Aspen, Colorado, plus twenty-one
(21) years, or* for a period of fifty (50) years from the
date of recording hereof in the Pitkin County real property
records, whichever period shall be less.
As Housing Authority guidelines changed over the years, this language has been interpreted to
mean that the unit is restricted to Category 3. While the owner did comply with the required
terms for many years, at some point the unit ceased to be occupied and the Housing Authority
began enforcement action.
The owner has determined that having an on-site caretaker no longer meets their needs. They
propose to remove the deed restriction by payment of a cash-in-lieu fee. The basis for the
calculation is as follows. The existing employee housing unit is a 1 bedroom, which provides for
the equivalent of 1.75 employees according to housing guidelines. The current cash-in-lieu fee
for Category 3, per employee is $217,567, which when multiplied by 1.75 equates to
$380,742.25.
STAFF COMMENTS:
The Applicant is requesting subdivision approval for a proposed amendment to a subdivision
development order that is consistent with the original approval.
In reviewing the subdivision portion of the application, Staff believes that the proposal meets the
applicable subdivision review standards established in Land Use Code Section 26.480.080,
Amendment to subdivision development order. The unit was provided voluntarily, but did result
in a deed restriction that cannot be eliminated unless approved by City Council.
The deed restriction requires this Category 3 unit to be occupied for the next 23 years and no
longer. Rather than lose the affordable housing unit forever, the cash-in-lieu payment will allow
the creation of a permanent affordable housing unit elsewhere in Aspen. It should be noted that
the affordable unit at 942 Chance Court is integrated in the house and does not meet current
standards for private entry.
REFERRAL AGENCY COMMENTS:
The Housing Authority supports the proposed subdivision amendment.
RECOMMENDATION:
Staff recommends that the City Council approve the attached ordinance on First Reading,
approving a subdivision amendment for Aspen Chance Subdivision.
Page 3 of 4
RECOMMENDED MOTION ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to approve Ordinance Nod Series of 2011 on First Reading."
CITY MANAGER COMMENTS:
ATTACHMENTS:
Ordinance 7T Series of 2011
Exhibit A-Application
Exhibit B- Housing Authority referral comment
Exhibit C- City Council minutes of January 30, 1984
Exhibit D- Original renderings and floor plan for 942 Chance Court
Page 4 of 4
ORDINANCE NO.
(SERIES OF 2011)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING
WITH CONDITIONS, AN AMENDMENT TO THE ASPEN CHANCE
SUBDIVISION, RELATED TO 942 CHANCE COURT, LOT 5, CITY OF ASPEN,
PITKIN COUNTY, COLORADO.
Parcel ID: 2737-182-98-005
WHEREAS, the Community Development Department received an application
from William Dillard owner of 942 Chance Court, represented by David Myler of The
Myler Law Firm, P.C., requesting approval of an amendment to the subdivision
development order for the Aspen Chance Subdivision; and,
WHEREAS, the purpose of the amendment is to provide a cash-in-lieu payment
to remove a deed restricted unit which-was voluntarily provided on the subject parcel;
and,
WHEREAS, a Subdivision Amendment shall be approved by the City Council as
outlined in Section 26.480.080 B., Other Amendment, of the Land Use Code; and,
WHEREAS, upon review of the application and the applicable code standards,
the Community Development Department recommended approval, with conditions, of the
proposed subdivision amendment; and,
WHEREAS, during a duly noticed public hearing on September 12, 2011, the
City Council opened the hearing, took public testimony, considered pertinent
recommendations from the Community Development Director, and referral agencies; and
WHEREAS, the Aspen City Council finds that the development proposal meets or
exceeds all the applicable development standards and that the approval of the development
proposal, with conditions, is consistent with the goals and elements of.the Aspen Area
Community Plan; and,
WHEREAS, the City Council finds that this ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN CITY
COUNCIL AS FOLLOWS:
Section 1: Approval
Pursuant to the procedures and standards set forth in Title 26 of the City of Aspen Municipal
Code,the City Council hereby approves with conditions an amendment to the subdivision
development order related to 942 Chance Court, Lot 5, Aspen Chance Subdivisioin with
the following conditions:
1) A building permit shall be issued by the City of Aspen Building Department for
the removal of the kitchen in the existing dwelling unit, thereby eliminating the
Page 1 of 3
unit and establishing 942 Chance Court as a single family'home. A Certificate of
Occupancy verifying the satisfactory completion of this work must be secured
within 180 days of approval of this ordinance.
2) A cash-in-lieu fee of$380,742.25 shall be paid to the City of Aspen at the time of
application for the building permit referenced above.
Section 2: Plat and AlZreement
The Applicant shall record a subdivision agreement that meets the requirements of Land
Use Code Section 26.480, Subdivision, within 180 days of approval of this ordinance.
Section 3•
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the City Council, are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein,
unless amended by an authorized entity.
Section 4•
This 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 5:
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.
The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this
ordinance in the office of the Pitkin County Clerk and Recorder.
Section 6•
A public hearing on this ordinance shall be held on the 12th day of Septebmer, 2011, at a
meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers,
Aspen City Hall, Aspen, Colorado, 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 22nd day of August, 2011.
Attest:
Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor
Page 2 of 3
FINALLY, adopted, passed and approved this_day of September,2011.
Attest:
Kathryn S. Koch, City Clerk Michael C. Ireland,Mayor
Approved as to form:
City Attorney
Page 3 of 3
RECF71VED
ATTACHMENT 2—LAND USE APPLICATION JUN 22 2011
PROJECT:
Name: Lot 5,Aspen Chance Subdivision al IINI[ Y rini,! ; wkt T
Location: 942 Chance Court,Aspen,Colorado 81611
Indicate street address,lot&block number, legal description where appropriate)
Parcel ID#(REQUIRED) 273718298005
APPLICANT:
Name: William Dillard
Address: c/o Dillard Department Stores,Inc.,P.O.Box 486,Little Rock,Arkansas 72203-0486
Phone#: Contact: Paul Schroeder at(501)376-5335
REPRESENTATIVE:
Name: David J. Myler
Address: 211 Midland Avenue,Suite 201,Basalt,Colorado 81621
Phone#: (970)927-0456
TYPE OF APPLICATION: (please check all that apply):
❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use
❑ GMQS Allotment ❑ Final PUD(& PUD Amendment) ❑ Text/Map Amendment
❑ Special Review ❑ Subdivision ❑ Conceptual SPA
❑ ESA—8040 Greenline, Stream ❑ Subdivision Exemption(includes ❑ Final SPA(&SPA
Margin,Hallam Lake Bluff, condominiumization) Amendment)
Mountain View Plane
❑ Commercial Design Review ❑ Lot Split — ❑ Small Lodge Conversion/
Expansion
❑ Residential Design Variance ❑ Lot Line Adjustment Other: Ame°dment to P.u.D,i
Subdivision Agreement
❑ Conditional Use
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals,etc.)
Existing single-family residence with one(1)employee dwelling unit.
PROPOSAL: (description of proposed buildings,uses,modifications,etc.
Remove Employee Housing requirements applicable to Lot 3,Aspen Chance Subdivision.
Have you attached the following? FEES DUE: 1,682.00
Pre-Application Conference Summary
Attachment fl,, Signed Fee Agreement
❑ Response to Attachment#3, Dimensional Requirements Form
❑ Response to Attachment.#4, Submittal Requirements- Including Written Responses to Review Standards
❑ 3-D Model for large project
All plans that are larger than 8.5"X 11" must be folded. A disk with an electric copy of all written text
(Microsoft Word Format)must be submitted as part of the application. Large scale projects should include an
electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model.
THE 1VMYLER LAW FIRM, P.C.
TELEPHONE
I A Colorado Professional Corporation
]]AVID J.1MYI.ER (970)927-0456
FACSIMILE
(970)927-0374
ADMITTED IN CO' 211 ]MIDLAND AVENUE '
EMAILS
SUITE 201 dmyler@mylerlawpc.com
BASALT,COLORADO 81621 cwood@mylerlawpc.com
COT.TIIE A.WOOD,LEGAL ASSISTANT
June 20, 2011
rn
City of Aspen
Community Development Department CITIV
Attention: Jennifer Phelan
130 South Galena Street
Aspen, CO 81611
RE: Amendment to P,U.D.,and Subdivision Agreement
Aspen Chance Subdivision (Reception#261360)
Dear Jennifer:
I am submitting this letter to request an amendment to the above-referenced Agreement in
order to remove the Employee Housing restrictions applicable to Lot.5,Aspen Chance Subdivision.
Those restrictions are set forth in Section II of the Agreement. The following items are submitted
in support of this,request:
1. Deposit in the amount of$1,682.00.
2. Applicant Information: William Dillard
c/o Dillard Department Stores, Inc.
P. O. Box 486
Little Rock, Arkansas 72203-0486
3. Applicant's Letter of Authorization.
4. Title Insurance Report which confirms that the Applicant is the owner of Lot 5,Aspen
Chance Subdivision, a/k/a 942 Chance Court, Aspen, Colorado 81611.
5. Completed Land Use Application.
6. Signed Fee Agreement.
THE MYLER LAW FIRM, P.C.
City of Aspen
Community Development Department
June 20, 2011
Page 2
7. Pre-Application Conference Summary.
The residence on Lot 5 was constructed with a one-bedroom employee dwelling unit which
satisfied the requirements of Section II of the above-referenced Agreement. The employee dwelling
unit has been rented to a single qualified employee/caretaker, in accordance with the applicable
Employee Housing restrictions,for the last eighteen(18)years. The caretaker/tenant recently retired,
and is no longer residing in the unit. The Applicant does not wish to replace the caretaker with a
new tenant. Since the employee unit was not required as mitigation housing when the Aspen Chance
Subdivision was approved, and since the employee housing restrictions as set forth in the above-
referenced Agreement will automatically expire in 2034;the Applicant proposes to extinguish that
requirement at this time in exchange for payment of the applicable cash-in-lieu amount. That
amount will be based on 1.7 Category 3 employees and is expected to be $380,742.25.
If you need any additional information or have any questions,please do not hesitate to contact
me.
Very truly yours,
THE MYLER W FIRM, P.C.
By:
David J. Myler
Enclosures
cc: Paul Schroeder for William Dillard (Via Email)
MEMORANDUM
TO: Amy Guthrie
FROM: Cindy Christensen, Housing
DATE: August 12, 2011 .
RE: Buyout of EDU at 942 Chance Court,Lot 5,Aspen Chance Subdivision
Parcel ID No. 2737-182-98-005
ISSUE: The applicant is requesting to have a deed-restricted unit released by paying a cash-in-lieu
fee.
BACKGROUND: The PUD and Subdivision Agreement for the Aspen Chance Subdivision was
approved on July 27, 1984 and was recorded at Reception No. 261360. One of the elements was as
follows:
Lots 4, 5 and 7 may contain a free market dwelling unit and a one (1) bedroom
employee dwelling unit deed restricted to moderate income rental guidelines, both
contained in a structure as shown on the preliminary Plat of the Aspen Chance
Subdivision,.
After reviewing the land use documents, the units were not provided for mitigation purposes. The
applicant had been renting the unit to a qualified employee/caretaker in accordance with the deed
restriction. The employee/caretaker has retired and the applicant is requesting to extinguish the
requirement by providing a payment of what would be the applicable cash-in-lieu amount for a one-
bedroom, moderate (Category 3) unit. The current cash-in-lieu fee for a Category 3, one-bedroom
unit is 1.75 X$217,567=$380,742.25.
RECOMMENDATION: Staff is recommending approval due to the following:
1. The unit was not required for mitigation purposes.
2. The unit is not restricted in perpetuity and would be released in 2034 or sooner.
3. The applicant is willing to provide the current cash-in-lieu fee for aone-bedroom, Category
3 unit.
4. The applicant had been renting the unit as specified in the PUD and Subdivision
Agreement.
1
aceyuiar.rleeclny eispen amity t;ouncil oanuary su, lyb4 i
Butera said he does not believe the project can be financed a proposed. Butera said if
this is approved, all hotel zoning for the near future is ,given away, and buildings will
continue to deteriorate. Good opportunities for moderate sized hotels will pass. Butera
said many towns attract all the tourists they need with beautiful small and medium sized
hotels. Butera urged Council to consider the economic and broader questions in their.
deliberations.
Novak said the applicants have every indication the hotel can be financed. A. smaller hotel
would not be viable because of the cost of the amenities. Novak said the applicants have
4 worked out with the planning staff a program that would make sense. Mayor Stirling said
this issue will be again on the February 6, 1984 agenda.
ORDINANCE #78, SERIES OF 1983 - Towing Agreement
Mayor Stirling opened the public hearing. City Attorney Taddune told Council all parties
are meeting this week to work out the problems, so the ordinance .is not ready for second
hearing.
I
Councilwoman GQa11s moved to continue the public hearing and table Ordinance #78, Series of
1983, until February 13, 1984; seconded by Councilman Collins. All in favor, motion
carried.
ORDINANCE 079, SERIES OF 1983 - Snow Removal
City Attorney Taddune told Council there are changes from the second-draft. In Section
19-181, requires whoever is in charge of the building abutting the sidewalk area intended
for pedestrian.use must remove snow and ice at least five feet in width. Taddune said
they used sidewalk area so that it will apply to an area whether it is paved or unpaved.
Taddune said the snow and ice shall be removed on the same days as cessation of fall of
snow, ice or within the first three hours of daylight, whichever period is longer.
Taddune pointed out 19-183(c) contains a provision that if the person in charge of the
building does not remove the snow, someone appointed by the city will do it. This section`
assesses the cost of snow removal plus a 100 per cent penalty.
i
i
Taddune said the staff wants to discourage people from using the city as a snow removal
service. Taddune said in this ordinance, it is indicated specifically any person violating
this ordinance.could be guilty of a misdemeanor. Taddune told.Council he has defined the
I accumulation of ice and snow on the sidewalk as-a nuisance.
Mayor Stirling opened the public hearing. i
Francis Whitaker said this problem has gone on for at least ten years, and it is time j
something is done about it. Whitaker pointed out many of the older sidewalks are less
than five feet, and people should be required only to clear the.sidewalk. Whitaker
. suggested eliminating the word cessation of snow and insert instead "by noon". Whitaker
said it is easier to clean the snow before noon and before it becomes compacted. Whitaker
said if the city makes one serious effort to get the sidewalks cleaned, there will be
compliance. There has not been an overall effort to enforce the snow removal ordinance.
Gideon Kaufman asked .how this ordinance would be implemented.
Mayor Stirling closed thepublic hearing.
I
Taddune said the staff did consider the two changes proposed by Whitaker. Taddune agreed
about less than five feet sidewalks, but there are areas used for pedestrians that are
not paved and the city would have a problem guessing how large an area should be cleared. j
Taddune saidthe staff felt five feet was the width of five feet. City Manager Chapman
said if someone cleans a sidewalk, and it is less than five feet, the city is not going
to make someone clean two feet into the street. Taddune said the staff was very sensitive:
on the point of when to remove the when. The staff felt the city needed something to
indicate when a person would be in violation of the ordinance. Taddune said the staff
tried to come up with a solution that best meets the needs of the community.
I
Mayor Stirling said clearing sidewalks is a matter of pride and a spirit of cooperation.
The more specific the ordinances gets, the more difficult it becomes to enforce. Council—
man Blomquist said 90 per cent of the problem can be handled by ordinance. Councilman
Blomquist said all penalties should be the responsibility of the owner. Chapman said the
staff discussed a lot about who to cite for this problem; the nub of the problem has always
been who to enforce this against. Taddune told Council this ordinance is better than the
i current ordinance; this gives enforcement options and gives the city the ability to
remove snow in a hazardous situation.
Councilman Blomquist moved to adopt Ordinance #79, Series of 1983; seconded by Councilwoman
Walls. Roll call vote; Councilmembers Walls, aye; Collins, aye; Blomquist; aye; Mayor
Stirling, aye. Motion carried.
SPA ZONE DISCUSSION
iCouncilman Collins moved to table this item; seconded by Councilman Blomquist: All in
favor, motion carried.
ASPEN CHANCE SUBDIVISION
Mayor Stirling said this is conceptual application for an R-15/PUD subdivision; if approved
it is authorizing further study and review by P & Z. Colette Penne, planning office, told
Council there are other reviews associated with this application; GMP exception for three
employee units, 8040 greenline review. P. & Z deferred action on these until preliminary)
plat because they need more detailed information. Ms. Penne said this project is not
jcompeting in GMP because it went through verification of existing units, and the staff
verified seven units. Ms: Penne said this is located across from the Aspen Alps with
several small cottages on the bottom, the durant mine building, and a single family dwell-
ing
i"
___.......... .._._"_____.—_-__.
Regular Meeting Aspen city council January su, 17na
i
Ms. Penne told Council the applicant is asking for three employee rental uni s that will
be part of the free market structures. There is no employee housing requirement for this j
property. Ms. Penne said part of this parcel is in the county and part in the city. The i
applicants did not count density for any property in the county or any property above the
8040 line. Theapplicants intend to give a trail easement to connect with the Aspen Club
trail. The applicant has preliminary geological studies and is working on more detail.
One of the questions is that there will not be any impact of old mine shafts, the question .
of the toxic nature of these mine tailings. These items will come out at preliminary plat:.
i
Ms. Penne said the basic question in subdivision is the suitability of the land for subdivi= +
Sion. Ms. Penne said the applicant has been very sensitive to the people living on this
land, and some of them have indicated interest in the employee units. Ms. Penne said
access will be from Ute avenue and from Aspen Alps road. Ms. Penne said access and,parking
for the Aspen Alps tennis courts should be formalized through agreements. The applicant ,
plans parking at one space per bedroom, which meets the Code requirement. There will be
small lots delineated and extensive common areas. Ms. Penne said the applicant has
addressed the purposes of the PUD, has done some innovative site planning, and the structures
will fit well on the site.
Ms. Penne told Council the structures will be sheltered, the majority of trees will be kept. j
I The utilities will be underground. Councilman .Blomquist said he would like to consider
annexation for the parts.of this property not in the city. Councilman Blomquist said he
would also like dedication of the land above the 8040 greenline as a park. Councilman
Blomquist said he would like the city to begin acquiring small parcels of land around
the 8040 area as a green belt. Ms. Smith said the applicant has no problem with annexation I
would like to do it subsequent to this subdivision as they would like to construct this
summer. Ms. Penne told Council the planning office and P & Z recommend approval of the
conceptual sugdivision with 16 conditions.
Councilman Blomquist moved to approve conceptual subdivision for the Aspen Chance subdivi
Sion with the 16 conditions listed in.the planning office memorandum of January 23, 1984;
seconded by Councilman Collins. All in.favor, with the exception of Mayor Stirling. Motion
carried. Mayor Stirling said he would have liked to table this for all the Council to have:1
a site visit and to address some of the concerns.
I HANNAH DUSTIN CONDOMINIUMIZATION
i CouncilmanCollins moved to table this item; seconded by Councilwoman Walls. All in favor,;; 1
motion carried,
1
MENDENHALL SUBDIVISION EXCEPTION
Richard Grice, planning office, said this is a request for a lot line adjustment between
two adjacent lots owned by the Mendenhalls. At the time the house on lot 2 was constructed.,
there was a building error. The applicants would like to correct the situation on the
public record and have proposed a lot line adjustment and a 628 square foot of property
exchange between the two lots. Each lot will continue to be the same size. Grice told .
Council no potential development rights will be increased or decreased.
Councilman Collins moved to approve the Mendenhall subdivision exception subject to the
preparation of a.plat meeting the final plat requirements of ,section 20-15 to be approved
by the city engineer prior to recording and subject to the preparation of a statement of
subdivision exception to be approved by the city attorney prior to recording; seconded j
by Councilman Blomquist. All in favor, motion carried,
I REQUEST FOR ENCROACHMENT - Congdon
Jay Hammond, engineering department, said the location of the fence has been staked and
the fence is behind the existing cottonwood trees. Hammond said he talked to the parks
director, who has no problems with this. The city does have the opportunity to ask.. '. for
the removal of the encroachment. The staff recommends approval. Mayor Stirling said many ,;.
people in the west end have encroached as their own risk. Councilman Blomquist said in
order to get a building permit, the applicant has to have encroachment permission.
Councilman Blomquist moved to grant an encroachment license at 202 West. Francis subject to ';
conditions 1, 2, and 3 in the engineering memorandum of December 20, 1983; seconded by
Councilwoman Walls. All in favor, with the exception of Mayor Stirling. Motion carried.
CASTLE CREEK STOPLIGHT
Jay Hammond, engineering department, told Council there was a request from Aspen Highlands:; I
for a stop fight at Castle Creek and Highway 82. City Manager Chapman said Highlands
feels in the morning and during ski season people turning left onto highway 82 have a
difficult time, and for safety reasons and ease of access, a traffic light would provide
better flow. The state has concluded a traffic light is warranted, but they won't put in .
a light unless there is a request from the municipality. Hammond said this used to be in
the county's jurisdiction and they have been reluctant to put in a light. Mayor Stirling
P9 out the county has authorized a traffic study, and both P & Z's are studying j
the traffic question. Councilman Blomquist pointed out with the school people also using i
i the intersection, it does become dangerous.
Councilman Blomquist moved the city request the state to install a traffic light at this
i
intersection; seconded by Councilwoman Walls.
Councilman Collins said he would like to see other options besides huge traffic lights.
I
Council agreed they would like more information before having a light installed. Council
requested accident data at this intersection, a copy of the state's warrant information,
and what types of signals are available.
Councilman Blomquist moved to ask engineering to submit a report to Council on the state
accidents in the Aspen area, and signal options;
highway's warrant study, maps of traffic
seconded by Councilwoman Walls. All in favor,. motion carried.
I.
t
I
a RECOVED
CITY OF ASPEN JUN 2 2 2011
PRE-APPLICATION CONFERENCE SUMMARY CITY OFG";':N
COM��ilNIT�'MIME
PLANNER: Jennifer Phelan, 429.2759 DATE: 4.8.2011
PROJECT: Amendment to Aspen Chance Subdivision and PUD
REPRESENTATIVE: David Myler, 927-0456
DESCRIPTION:
The applicant would like to amend the PUD and Subdivision agreement, reception number 261360, for the Aspen Chance
Subdivision to permit the removal of an existing employee dwelling unit (EDU) on Lot 3. The original seven lot subdivision
permitted three of the lots to be developed with.employee dwelling units. The EDUs are required to be 1 bedroom, moderate
(category 3) income rental units. A one bedroom unit hoses 1.75 employees. The units are required to be rented; however the
agreement includes a sunset clause of approximately 2034 for the rental of'these units. Subsequent amendments to the
agreement include the second amendment (reception number 301720) and the third amendment (reception number 311626);
however, neither of these two documents affect the EDU on Lot 3. The applicant would like to amend the terms of the
agreement by
• Purchasing affordable housing credits for.1.75 employees to remove the on-site EDU;or
• Pay cash-in-lieu for the 1.75 employees at a category 3; or
•' Convert the EDU into an Affordable Housing Unit.
Staff recommends the agreement be amended via City Council,through Subdivision review—Other Amendment. If cash-in-lieu
is pursued approval of Provision of required affordable housing via a cash-in-lieu Payment (a growth management review)
by City Council.
Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures
26.480.080.6 Other Amendment to a subdivision development order
26.470.090 3. Provision of required affordable housing via a cash-in-lieu
Payment I
http://www.aspenpitkin.com/depts/38/citycode.cfm
Review By: Staff for complete application and recommendation.
Housing for change in EDU
City Council for final decision
Public Hearing: Yes, City Council
Planning Fees: $1,470.00 Deposit for 6 hours of staff time. Additional staff time is billed at $245/ hour.
Referral Fees Minor housing review, $212
Total Deposit: $1,682.00
Total Number of Application Copies: 12 Copies
To apply, submit the following information
❑ Proof of ownership with payment.
❑ Signed fee agreement and deposit
❑ Applicant's name, address and telephone number in a letter signed by the applicant which states the name,
address and telephone number of the representative authorized to act on behalf of the applicant.
❑ Land Use Application
❑ 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.
❑ 12 Copies of the complete application packet and maps.
❑ An 8 1/2" by 11"vicinity map locating the parcel within the City of Aspen.
❑ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application. Please include existing
conditions as well as proposed. List of adjacent property owners within 300'for public hearing
❑ Copies of prior approvals.
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.
r .
WILLIAM DILLARD
c/o DILLARD DEPARTMENT STORES, INC.
P. O. BOX 486
LITTLE ROCK, ARKANSAS 72203-0486
June 2, 2011
City of Aspen
Community Development Department
Attention: Jennifer Phelan
130 South Galena Street
Aspen, CO 81611
RE: Letter of Authorization-Amendment to P.U.D./Subdivision Agreement
Dear Jennifer:
Please be advised that David J.Myler of The Myler Law Firm,P.C.is authorized to represent
me in connection with my Application to the City of Aspen for an Amendment to the P.U.D. and
Subdivision Agreement for the Aspen Chance Subdivision as such an amendment would affect
Lot 5.
William Dillard
i
RECRVED
JUN 2 2 2011
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT CITY OF d'_°
CoMmur
Agreement for Payment of City of Aspen Development Application Fees �EVILO TENT
CITY OF ASPEN(hereinafter CITY)and William Dillard
(hereinafter APPLICANT)AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for
Amendment to P.U.D.and Subdivision Agreement-Aspen Chance
(hereinafter,THE PROJECT).
2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land
Use applications and the payment of all processing fees is a condition precedent to a determination of application
completeness.
3. APPLICANT and CITY agree that because of the size,nature or scope of the proposed project, it
is not possible at this time to ascertain the full extent of the costs involved in processing the application.
APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an
initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis.
APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning
Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning
Commission and/or City Council to make legally required findings for project consideration,unless current billings
are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the
amount of$ 1,682.00 which is for six 6)_hours of Community Development staff time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse
the CITY for the processing of the application mentioned above,including post approval review at a rate of$245.00
per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date.
APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing,and
in no case will building permits be issued until all costs associated with case processing have been paid.
CITY OF ASPEN APPLICANT
By: By: 1 .---�
Chris Bendon William D,illarA
Community Development Director Date: 4-y/a///
Billing Address and Telephone Number:
c/o Dillard Department Stores,Inc.
P.O.Box 486
Little Rock.Arkansas 72203-0486
Land Title Guarantee Company
CUSTOMER DISTRIBUTION
"dTale
GUARANTEE COMPANY
W W W.Li G C.C 0M
Date: 06-02-2011 Our Order Number: QPR62004033
Property Address:
942 CHANCE COURT ASPEN, CO 81611
Ifyou 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
MYLER LAW FIRM PC*TMX*
211 MIDLAND AVE#201
BASALT, CO 81621
Attn: DAVE MYLER
Phone: 970-927-0456
Fax: 970-927-0374
Copies: 1
EMail: dmyler@mylerlawpc.com
Linked Commitment Delivery
LAND TITLE GUARANTEE COMPANY
PROPERTY REPORT
Our Order No. QPR62004033 Cust. Ref:
This report is based on a search made of documents affecting the record title to the property described hereinafter,
searched by legal description and by the'names of the record owners. The information as to record owner is
taken from the most recent recorded Vesting Deed. No information is furnished relative to easements, covenants,
conditions and restrictions.
Liability of Land Title Guarantee Company under this Property Report is limited to the fee received.
Prepared For: MYLER LAW FIRM PC
This Report is dated: May 17, 2011 at 5:00 P.M.
Address: 942 CHANCE COURT ASPEN, CO 81611
Legal Description:
LOT 5 ACCORDING TO THE PLAT OF THE RESUBDIVISION OF LOTS 4, 5, AND 6 INTO LOTS 5 AND
6 OF THE AMENDED PLAT OF ASPEN CHANCE SUBDIVISION, RECORDED NOVEMBER 19, 1989 IN
PLAT BOOK 23 AT PAGE 55 AS RECEPTION NO. 317001.6 OM ;AT BPPL 18 AT PAGE 28 AS
RECEPTION NO. 274911, COUNTY OF PITKIN, STATE OF COLORADO.
Record Owner:
WILLIAM T. DILLARD, II AND MARY AMANDA DILLARD
We find the following documents of record affecting subject property:
1. SPECIAL WARRANTY DEED RECORDED SEPTEMBER 01, 1992 UNDER RECEPTION NO.
348233.
***************** PROPERTY TAX INFORMATION **********************
PARCEL NO.: R011201
2010 LAND ASSESSED VALUE $557,200.00
2010 IMPROVEMENTS ASSESSED VALUE $302,480.00
PROPERTY REPORT
Our Order No. QPR62004033
Documents of Record:
2010 REAL PROPERTY TAXES PAID IN FULL IN THE AMOUNT OF $23,204.48.
****************************************************************
C�C� C� OVC�
0
MAR 15 2011
THE CITY OF ASPEN
OfFlCE 4 THF:CPIY ATTORNEY
March 11, 2011
William & Mary Dillard
c/o Dillard Dept Stores Inc
PO Box 486
Little Rock, AR 72203-0486
RE: Employee Dwelling Unit at 942 Chance, Aspen
Dear Mr. and Mrs. Dillard:
I have been asked to write to you as you are the owners of record of the above referenced
dwelling unit at the Aspen Chance Subdivision. As you may know, that unit is burdened
by a covenant that restricts its use and occupancy to "qualified employees" as that term is .
defined in the PUD and Subdivision Agreement for Aspen Chance Subdivision, recorded
at Book 470, Page 758 of the records of the Pitkin County Clerk and Recorder. It has
been brought to my attention that the residential unit is not in compliance with the terms
of the covenants. Specifically, the unit is not being rented to qualified tenants as required
by the Housing Guidelines of the Aspen/Pitkin County Housing Authority (APCHA).
(APCHA administers the City's affordable housing programs.)
Please contact Ms. Julie Kieffer, Qualifications Specialist at APCHA, within ten days of
the date of this letter to determine how this unit can be brought into compliance with the
covenants referenced above. Ms. Kieffer may be reached at (970) 920-5216.
If you have any questions regarding this letter, please feel free to contact me by mail or
phone.
Sincere}
Johfi P. Worcester
City Attorney
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P.U.D. AND SUBDIVISION AGREEdm% m> W
�z
FOR g N
as
ASPEN CHANCE SUBDIVISION t b
This P.U.D. and Subdivision Agreement is made and �♦"`{.
entered into this 25- da of 1984, b and between
Y y ,,r....
the CITY OF ASPEN, Colors od , al municipal corporation
(hereinafter referred to as 'City'), and ASPEN CHANCE, INC., ,
a Colorado corporation (hereinafter referred to as the
•Owner').
R E C I T A L S
1. The Owner has submitted to the City for
approval, execution and recordation, the final plat and
development plan of a tract of land situate within the City
Of Aspen, Colorado, legally described on Exhibit "A'
attached hereto and incorporated herein by this reference,
and designated as 'Aspen Chance Subdivision' (the •Plat")I
and
2. The City has fully considered the Plat, the
proposed development, the improvement of the land and the
effects of the proposed development and improvement of land ,
included in the Plat on other adjoining or neighboring
propertieat and
3. The City has imposed certain conditions and
requirements in connection with its approval, execution and
recordation of the Plat, such matters being necessary to
protect, promote and enhance the public welfare and
;.
abide by 4, The Owner is willing to acknowledge, accept, ,
and faithfully perform the conditions and
requirements imposed by the City in approving the Platl and
S. Under the authority of SS 20-16(c) and 24-8.6
of the Municipal Code of the City of Aspen, Colorado, the
City is entitled to assurance that the matters hereinafter
agreed to will be faithfully performed by the owner
W 12 N E S S S T N
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES,
the mutual covenants herein contained, and the approval,
execution and acceptance of the Plat for recordation by the
City, it is mutually agreed as follows,
f�.vr.�.,�t�i �i,.��ti'+�es•3ti>�Yaw� �,#rv�*,► L.;'���_tr� a•���i��.
}d
B( 470 P,059
I.
GENERAL DEVELOPMENT PLAN
The Aspen Chance Subdivision as shown on the Plat
includes the following elementse
A. Lots 4, 5 and 7 may contain a free market
dwelling unit and a one (1) bedroom employee dwelling unit b,'��'iy
dead restricted to moderate income rental guidelines, both •:.
contained in a structure as shown on the preliminary Plat of .
the Aspen Chance Subdivision.
i B. Lots 1, 2, 3, and 6 shall be limited to a
free market one family dwelling.
C. Pee Simple Lots. Lots 1 through 7 are seven
(7) separately designated fee simple lots, as shown and
noted on the Plat. Each such fee simple lot shall be deemed
to include and be augmented in size by an undivided
one-seventh (1/7) interest in the "Common Area" indicated on
the Plat. Prior to its conveyance by the owner to any third
party, each fee simple lot shall be deed or covenant
restricted upon such terms as shall provide that, with
respect to Lots 4, 5 and 7, the use of the structures are
limited to free market dwellings and associated one bedroom ,
deed restricted employee dwelling units both contained in
structures as shown on the Preliminary Plat of the Aspen
Chance Subdivisiony and, with respect to lots 1, 2, 3, and
61 the use of the structures is limited to free market one
family dwellings. The documents of conveyance to any such
fee simple lot shall expressly recite that the use of the _
property is so restricted.
D. Em lto�ea ueu The use and occupancy of
the employee housing Units constructed on lots 4, 5 and 7 ,
shall be and hereby are restricted by a covenant that runs
with the land to a qualified employee ae such is defined
in S II below. The employee residing in such unit may be
charged a monthly rental not to exceed "moderate income'
rental guidelines applicable at the time of rental.
E. Site Data Tabulations. The Site Data
Tabulations attached ereto and made a part hereof as
Exhibit "B" defines and describes further and more
specifically the allocation of the uses anticipated within
the Aspen Chance Subdivision.
II.
EMPLOYEE HOUSING DEDICATION AND RESTRICTION
The owner hereby covenants with the City that the
three employee units described above in S 1, paragraph D, to
be constructed on Lots 4, 5 and 7 shall be each restricted 5i
in terms of their use and occupancy to rental and occupancy {
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470 m760
guidelines established by the City Council for moderate
income employee housing. The owner of the lot shall have
the right to lease the unit to a qualified employee of his
selection. Such individual may be an employee of the owner
employed as a resident caretaker, provided such person
fulfills the definition of "qualified employee" set forth
herein. "Qualified employee' as used herein shall mean any
person currently residing and employed in the City of Aspen
or Pitkin County an average of thirty (30) hours per week, • '
nine months out of any twelve (12) month period who shall
meet the moderate income and occupancy eligibility
requirements generally established and applied by the City k .
in respect of employee housing. Verification of employmeent
of those persona living in the employee units shall be
completed and filed with the City Council or its designee by
the owner of the unit. If an owner does not rent the
employee unit on his lot to a qualified employee, the
employee unit shall be made available in accordance with
Housing Authority guidelines, provided the Owner shall have
the right to approve any prospective tenant, which approval
shall not unreasonably be withheld. The standard "Housing
Authority Employee Unit Agreement" shall be entered into
prior to the issuance of a building permit for any lot
containing the employee housing units and that agreement
shall be filed with the City of Aspen Housing Authority.
These covenants shall be deemed to run with lots 4, 5 and 7
as a burden thereto for the benefit of and shall be
specifically enforceable-by the City by any appropriate
v` legal action including injunction, abatement, eviction or
�' rescission of noncomplying tenancy, for the period of the
life of the longest lived member of a presently existing
City-cou cil of the Cit of AaMn, Colorado, plus twent -o e—
(21) years--or or ao_ ty 5 rom the
datb-of recozdin�er in__tho_Pitkin-Cody real property
reds, whichever period shall be lea- s
ISI.
CONSTRUCTION OF IMPROVEBENTS
A. Nature of Im rovements, owner hereby agrees
to be responsible or e m c ng and installing of the
improvements to be contained within the development
indicated on the Plat. The nature of such improvements
shall substantially conform to the schedule entitled "Aspen
Chance Subdivision Improvement Schedule" attached hereto and
made a part hereof as Exhibit "C."
B. Construction Schedule. Construction of all
development improvements s a su atantially conform to the
construction schedule set forth within the attached Exhibit
"C," unless amended in the manner set forth in SIV, below.
The construction schedule includes the dates anticipated for
the beginning and completion of the improvements.
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C. ft An erin Geol - Surface Concerns. All
construction in the Aspen ance ubdivision s a conform
to and follow the recommendations contained 'in the "Drainage
Study for the Aspen Chance Subdivision" by McLaughlin Water
Engineers, dated February, 1984, and the "Soil and
Foundation Investigation for Proposed Residential
development, Chance Mining Claim, Aspen, Colorado" dated
December 28, 1987, as corrected by letter dated January 10,
1984, by Chen and Associates, Inc., as such may apply to any
construction in the subdivision. The herein described
"Drainage Study", "Soil and Foundation Investigation" and
correction letter are by this reference incorporated herein.
D. Roof Drainna ee. Pursuant to the systems
proposed in t e McLaug Lin, •Drainage Study," all roof'
drainage shall be retained on site.
E. Landscapi_n_g_�Plan. In accordance with
524-8.16 of tie`Mutt ci ipal Code, all landscaping shall
substantially conform to the "Landscape-Site Plan"attached
hereto and incorporated herein by this reference, and to the
"Landscape Design Objective" described in Exhibit "D"
attached hereto and made a part hereof, which together show
the extent and location of all plant materials and other
landscape features, flower and shrub bed definition,
k. proposed plant material at mature sizes in appropriate `
relation to scale, species and size of existing plant
material, proposed treatment of all ground surfaces (e.g.,
paving, turf, gravel, ete.1, location of water outlets, and
a plant material schedule with common and botanical names,
sized, quantities, and methods of transplant. Landscaping
will be completed in a logical phasing sequence commensurate
with the phasing of the improvements contemplated in the
Development and Construction Schedule.
i .
F. Vegetation of Disturbed Areae. owner agrees,
pursuant to the provisions oing and Grading
Plan that during the course of construction any portions of
the property which are disturbed shall, as soon as
practical, be landscaped and vegetated in -accordance with
the Landscaping Plan.
G. Utilities Under round. All new utility
systems constructs witni the Aspen Chance Subdivision
shall be underground.
H. Improvement District. In the event that any
municipal improvement or—�vements of a kind contemplated
in Section 20-16 of the Municipal Code of the City of Aspen,
as amended, became, in the sole judgment or discretion of
the City Council of the City of Aspen, necessary or
desirable to the area of the above described property,
covenantors. will make no unreasonable objection to any
special assessment or special tax or proceeding therefor onl,e.
the basis that the property is adequately served by existing '
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Pm 470 PA062
improvements and/or on the basis that the premises will not
be served or benefited by the improvement or improvements
proposed. Convenantor further agrees to join, upon the
demand therefor by the City, any special improvement
district, urban renewal district formed for construction of f
such improvements (including, without limitation, signage, r XIN.
drainage, underground utilities, paved streets and alleys,
planting, curbs, gutters, sidewalks, street lights, traffic
circulation, trails, recreation facilities, berms, open
space lands, public transportation facilities, parking,
etc.), in the area of the above-described property or to
reimburse the City of Aspen directly upon demand therefor if
the City should choose to construct these improvements
without the formation of such a district.
I. woodburninq Devices. The installation and
use of any woo u�b rnfng devises in the Subdivision will be
governed by Ordinance 12 (series of 1983).
J. To Soil/Gardens. Gardening shall only be
permitted in t e Aspen Cance Subdivision in those areas
"• containing at least a one (1) foot layer of top soil.
ti#.. IV. ,
NON-COMPLIANCE AHD REQUEST FOR AMENDMENTS
OR EXTENSIONS BY ONNBR
A. In the event the City determines that the
Owner is not acting in substantial compliance with the terms
of this Agreement, the City may issue and serve upon the
Owner a written order specifying the alleged non-compliance
and requiring the Owner to cease and desist from such
non-compliance and rectify the same within such reasonable
time as the City may determine and specify in such order.
Within twenty (20) days of the receipt of such order, the
Owner may file with the City a notice advising the City that
it is in compliance or a written petition requesting a
hearing to determine any one or both of the following
matterst
(a) whether the alleged non-compliance exists or
did exist; or,
(b) whether a variance, extension of time or
amendment to this Agreement shall be granted with respect to
any such non-compliance which is determined to exist.
Upon the receipt of such petition, the City shall
promptly schedule a hearing to consider the matters sot -c.
forth in the cease and desist order and in the petition. •.
The hearingshall be convened and conducted pu>auant to the
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procedures normally established by the City for other
hearings. If the City determines by a preponderance of the (
evidence that a non-compliance exists which has not been Ir;.
remedied, it may issue such compliance orders as may be
lawful and appropriate. f
B. The Owner nay, on its own initiative, at any fY'
time petition the City for an amendment to this Agreement
and the exhibits attached hereto or to extend any of the r
time periods or modify the specific time required for
performance. With respect to the Aspen Chance Subdivision
Improvements Schedule (Exhibit "C"), the owner has made
various assumptions, which the City hereby acknowledges and
accepts, including the following:
(1) Obtaining the appropriate construction
financing within one (1) year from,the date of receiving all
final subdivision and Y.U.D. approvals fron the City
(2► Completion in an expeditious manner of the
bidding, contractor selection, and implementation phases to
meet the dates indicated)
ti C (3) Confirmation of the construction schedule by
' selected contractorsf
(4) Availability of the required labor and
materials during each phases
(5) Sale of residences at a rate that would
permit the , phasing suggested in the Development and
Construction Schedule.
The City shall not refuse to extend the time ,
periods for performance indicated in the Development and
Construction Schedule or refuse to allow reasonable
adjustments to the Schedule or the specifications if the
Owner demonstrates by a preponderance of the evidence that
the reasons for such extension or said adjustments result
from the failure of such assumptions, unforeseeable
circumstances, litigation, acts of God, or other events
beyond the control of the Owner despite good faith efforts
on its part to accomplish the same.
As is set forth below, the foregoing procedures
relative to non-compliance, amendments or extensions, shall
not apply in respect of the rights of the City in the event
of a failure to maintain common facilities, which rights are
more particularly described in §VII, paragraph A, below. -
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y . v 470 w764
EASEMENTS, RIGHTS OF WAY, AND RELOCATIONS
b. The Plat sets forth certain easements, rights of
y way, and anticipated relocations that will be necessary to
cause the improvements anticipated thereon, which easements,
rights of way and relocations include the followings
A. Private Access Drainage and Utilit
Easements. The Owner d cater an grants or t e ens t
oof'tiFee -Aspen Chance Subdivision the access, drainage and
Utility easements shown and dedicated on the Plat.
B. Ski Trail Basement. Owner hereby dedicates
and grants for a ene t o tself, its successors in
interest and any future owners of any late in the Aspen
Chance Subdivision, the private ski trail easement as
generally described on the Plat.
C. Public il Easement. The Owner will
dedicate for t o IreneTrat o the public a Public Trail
Easement described on the Plat.
3� D. Utilities and Draina e. There is hereby ,
established an agreed etween t e City and the Owner
k necessary easements for the location, installation and
r maintenance of utilities and the establishment and
k maintenance of drainage, as such easements may be
r specifically set forth on the Plat and Civil Engineering
drawings.
V1.
OTHER DEDICATIONS
' A. Exemption. The employee housing, units
located on lots d,-5and 7 constitute bona fide aoderate
income housing development, and the Owner and City hereby
agree to the exemption of the same from the application of
park and recreation requirements of S 20-18 of the Aspen
Municipal Code.
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B. Park Dedication Fee. The City recogni2es,
confirms and accepts at Owner s dedicating a substantial
portion of the land in the Aspen Chance Subdivision for open
space and recreational purposes. Furthermore, a substantial
portion of the development is reconstructed dwelling units.
In consideration thereof, the City Council elects, pursuant
to g 20-18 of the Aspen Municipal Code, that a cash payment
in the amount of $22,505.00, in lieu of land dedication be
made by Owner. This payment is based on the calculations
set forth in Exhibit "8", attached hereto and made a part
hereof. Owner agrees to pay such Park Dedication Fee on a <+• _
pro rata basis, at the time of the issuance of a Certificate
of Occupancy for any lot (1/7 for each lot for which a L
Certificate of Occupancy is issued).
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VII.
OPEN SPACE AND COMMON AREA
MANAGEMENT MAINTENAN E AND USE
The Flat consists of certain open space and a
common area adjacent to the separately designated fee simple 1.•
lots. Respective responalbilitiesr limitations, covenants
of theeopentsspacerding the and commonnar aeRshallmaintenance
be as provided
below.
i
A. Common Area, The Common Area as described on
the Flat shall a owns n common by the owners of lots 1
through 7, the owner of each lot to own an undivided ;
interest therein as a non-severable appurtenance to his or
her lot. Management and maintenance of the Common Area and
any common facilities shall be the responsibility of a
collective homeowners' association
too provisionsconsisting
s stinas shall be set
ers
of lots 1 through 7, pursuant
forth in recorded covenants providing for such policies and
procedures governing the use and maintenance of the common
Area and common facilities. These covenants may provide for
necessary budgets and financial reserves to be assessed
association members, and shall insure
against homeowners'
permanently the fit and proper maintenance, repair,
replacement .and enduring first rate safety and quality of
the entire development, including its landscaped features,
driveways, ponds and streams, common utility systems. and
paved areas. Responsibility of the homeowners' association
in this respect may be contractually delegated by it to a
private property management company or to a salaried
employee of the homeowners' association. The following
shall, as well, apply to the homeowners' Association
hereinabove referred to:
(1) Formation. The homeowners' association
ner prior tohall
be futhe lly forme and established by
sale of any lots within the Aspen Chance Subdivision and
Pursuant to applicable statutes governing the formation of
Colorado not-for-profit homeowners' associations.
(z) Documentation. operative documents for the
homeowners' associationandshall rules i
and udregulations. The
incorporation, bylaws,
homeowners' association shall have the duty to enforce such
protective covenants as will be recorded by the Owner for
and aesthetic
the ving
ral
compatibility of se of p the entire h
entire development nand its component
features.
(3) Membership Mandatorv. Membership in the {
homeowners'
ass e�h�all�e mandatory for each owner ofy
the fee simple lots I through 7 and shall be automatic upon limit.
the recordation of any instrument transferring a legal ...',
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jawnerahip interest (excluding standard security interests)
d in or to any of such lots.
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(4) Insurance Taxes Maintenance. The home- ?. ;.
owners' associat on a a 1 be respons a for a blanket t.:•.
liability and hazard insurance policy with respect to the qr.
common areae as well as taxes and maintenance of any common {
recreational and other common facilities.
(5) Assessments and Liens. The homeowners'
association shall have the power to evy assessments which
will become a lien on individual fee simple lots 1 through 7
for the purpose of paying the cost of operating and
maintaining common facilities.
(6) $08rd ofManagers. The board of managers of
the homeowners' eseoc a on shall consist of at least three
(3) members who shall be owners of the feesimple lots 1
through 7 within the development.
The Owner shall record covenants reflecting the
above described responsibilities, purposes and powers of the
homeowners' association. In the event the homeowners'
association (or any successor organization) shall at any
time fail to maintain the common areas in accordance with
such covenants, the procedures and the rights of the City
more particularly described in 5 24-8.19 (b) of the Aspen
Municipal Code, which is hereby incorporated by reference as
if set forth verbatim herein, shall then and thereupon go
into effect and apply. The Owner further acknowledges that
the procedure set forth in 5 IV, above, pertaining to the
procedure for default and amendment of this Agreement shall
not be required with respect to the enforcement and
implementation of common facilities maintenance as set forth
and required by 5 24-8.19.
B. Buildin Restrictions. The owner agrees and
hereby covenants t at the tote number of units built within
the Aspen Chance Subdivision shall not exceed seven (7) free
market dwelling units plus three (3) employee dwelling units
without additional City approvals; and, all areas shown on
the plat as being open space or common area shall so remain
perpetually.
VIII.
WATER AVAILABILITY
According to water records the City of Aspen has
senior water rights to the Durant Mine Water pitch No. 525.
Aspen Chance is presently perfecting its historic right to
use 0.45 C.F.S. of water for irrigation and other beneficial r•-Y
purposes. Aspen Chance shall have the right to negotiate
with the City of Aspen for the lease of water rights from j..V
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emx 470 (A767
theDurant Mine for the use of as much water as is
necessary to irrigate and meet the obligations of the
landscaping plan.
Water service lines willbe installed as shown on
"Utilities," sheets C-5 and C-6, attached. to the Plat. As
is shown on ouch sheets, six (6) inch diameter water mains
ahall be extended to within one hundred (100) feet of the 1'
dwelling units. The .City agrees, on approval of this
Agreement and the Plat, through its water department, to
supply water consistent with the proper servicing of the
needs of the improvements to be constructed at the Aspen
Chance Subdivision. Owner agrees to pay such tap fees
therefor as shall be determined by the tap fee schedule
presently in effect, at the time water service shall be
extended to the improvements.
IX.
SEWER AVAILABILITY
Sewer lines shall be installed consistent with the
provisions contained within the "Utilities,' Sheets C-5, C-6
and C-7, attached to the Plat. The City agrees, upon
approval of this Agreement and the Plat by the Metropolitan
Sanitation District, that sewer services are fully available
for the development anticipated on the Plat, and that the
Owner agrees to pay such tap fees therefor as shall be
determined by the tap fee schedules in effect at the time
sewer service shall be extended to the improvements. Sewer
service shall be provided by the Sanitation District in a
manner that conforms to the schedule as set forth in Exhibit
"C" attached hereto. The Owner agrees that engineers from
the Metropolitan Sanitation District shall be entitled to
inspect the construction of the main trunk sewer lines.
Upon completion, these lines will be turned over to the ,
Metropolitan Sanitation District, together with such
appropriate easements as may be necessary.
X.
FINANCIAL ASSURANCE
Pursuant to Section 20-16 (c) and Section 24-8.16 of
the Aspen Municipal Code, Owner hereb agrees to provide a
guaranty in the sum of $-1113 8 8 .0Q which sum
represents the estimated cost or 1001 of tat.portion of the
subdivision improvements and 1255 of that portion of the
Landscaping Plan for which the City, through the City
Engineer, has requested financial assurance. Those portions
of the subdivision improvements and the Landscaping Plan for
which financial assurance has been requested and which
hereby is agreed to be given is described in Exhibit "F"
attached hereto and made a part hereof. The guaranty to be
provided by owner shall be in the form of an irrevocable
letter of credit from a responsible financial institution. i s"
it
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470 w768
The guaranty shall give the City the unconditional right,
upon default by the owner, or its successor or assigns, to
withdraw funds upon demand to partially or fully complete
and/or pay for any improvements or pay any outstanding bills
( for work done thereon by any party. As portions of the
!
improvements r (4�
p squired are completed, the City Engineer shall
inspect them, and upon approval and acceptance, he shall r► .d,
authorize the release of the actual cost as documented by
invoices for that portion the improvements; PROVIDED,
HOWEVER, that ten percent (101) of the estimated coat shall
be withheld until all proposed improvements are completed
k and approved by the City Engineer.
1 The Owner, its successors or assigns, hereby agrees to 4
further provide unto City a warranty .as to all water and
sewer improvements described on Exhibit "F" for a period of
one (i) year from and after acceptance by the City of the
improvements.
It is the express understanding of the parties that the
procedure set forth in Section IV pertaining to the
procedure for default and amendment of this Agreement shall
i not be required with respect to the enforcement -and ,
' implementation of financial assurance and guaranties to be
provided by owner as set forth above and required by Section
20-16(c) and 24-8.16 of the Aspen Municipal Code.
XI.
MISCELLANEOUS Vt
A. The provisions hereof shall be binding upon
and inure to the benefit of the Owner and City and their
respective successors and assigns. 3 `
S. This Agreement shall be subject to and
construed in accordance with the laws of the State of
Colorado.
C. If any of the provisions of this Agreement or
any paragraph, sentence, clause, phrase, word, or section or
the application thereof in any circumstances is invalidated,
such invalidity shall not affect the validity of the
remainder of this Agreement, and the application of any such i
provision, paragraph, sentence, clause, phrase, word, or ;•
section in any other circumstance shall not be affected = '
thereby. ;
D. This P.U.D. and Subdivision Agreement : `.
contains the entire understanding between the parties herein .'
with respect to the transactions contemplated hereunder and
may be altered or amended from time to time only by written '
instruments executed by all parties hereto.
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eonx 470 p4sE769
E. Numerical and title headings contained in
this Agreement are for convenience only, and shall not be
deemed determinative of the substance contained herein. As l'
used herein, where the context requires, the use of the
singular shall include the plural and the use of any gender
shall include all genders.
F. The parties agree that this P.U.D. and
Subdivision Agreement for Aspen Chance Subdivision shall be
recorded by the City in the Pitkin County, Colorado real
property records.
G. Notices to be given to the parties to this
Agreement eh:,ll be considered to be given if delivered or if
deposited i.% the United States Mail to the parties by
registered or certified mail at the addresses indicated
below, or such other addresses as may be substituted upon
wrltten notice by the Parties or their successors or
assigns3
CITY OF ASPEN ASPEN CHANCE, INC.
City Manager Neal Myers
130 S. Galena Street Houston Natural Gas Bldg. -
Aspen, CO 81611 1200 Travis, Suite 200
Houston, TX 77002
H. The terms,. conditions, provisions and
obligations herein contained shall be deemed covenants that
run with and burden the real property more particularly
described in Exhibit "A" hereto and any and all ownere
thereof, their successors, grantees or assigns and further
shall inure to the benefit of and be specifically
enforceable by or against the parties hereto, their
successors, grantees or assigns.
IN WITNESS WHEREOF, the parties hereto have
hereunto executed their hands and seals on the dates and
`i year respectively indicated, in full understanding and
agreement to the terms and conditions herein contained.
CITY OF ASPEN
a Colorado unit al Corporation
(s'.� By
Wyot Tcxs
City Clerk
til:air_.
SIGNATURE LINES AND NOTARY CLAUSES
CONTINUE ON FOLLOWING PAGE
' — 12 —
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y, RwN 470
jA6E-nQ
ASPEN CHANCE, INC.
Neal Myer6- .
ATTEST t �''�1 ti C I,w`', ►x.'a,
Assist ecretary rpr
STATE OF COLORADO)
t COUNTY OF PITKIN )
jThe foregoing instrument was ack oaledged before
me this vj(L day Q4� , 19 , by CF4Ar .L.9ST.
Col�►dS M6 as MayozA, 'rd ATaR Ht�FN KOCH, as C ty Clerk of THE
CITY OF ASPEN, a Colorado municipal corporation.
.• . •C/9 WITNESS my hand and official seal. ;
>�Ye.Y�r :�•c _��,�., My Commission expires: � n
JV
j ' '•ie r��taii�,, .
Notary Public
A dress_Z,l def ��tLJ
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STATE OF COLORADO) ,
COUNTY OF PITKIN )
The foregoig instrument was ac oaledged before
me this day of , 19 by NEAL MYERS
and as/Secretary of ASPEN CHANCE,
INC., a Colorado Co oral n. Assistant
`�su11 � '•.. WITNESS my hand and official seal.
))Q1. My Commission expirest
\ Notary P blic
dress
v
PUD and Subdiv Agrmt/CHANCE
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. t'� �[4CRLPTION E� �•
Sl�IV1610N +s�'5�r
A Parcel of land situated in Section 18,
of the 6th P,N„ City of Asper.
lof Pitkin,, Stat• X84 W t
mora Parttarlarly described as foliwsv. being
1q at(borer No. 2 of Chance lade, a rehar and caP L.S.+5933 in
Placa, the
True Point of 1 thenoa 8.45.00'
N.SJ 50 43` 1 to a Po ar the westerly right-o9. fwayline Of
Ute Avenue) thence 9.39-35134-1?. along said right-of-wey line 26.57 feet
ho the rnat}eeasterly corner of Lot 5Said of the Ute Additioru thence 1
94.74rfeget tof th-Zee no5rthwesterl. along the r MhetlY lirw of said Lomat 5,�
along4.74 the westth _y oorner of said Lot 51 thence 8.39.57'31"E•
meat of Baid Lot S5Uhenoe N.57729'49.8.St 21 feet al ng he the herly line Of SaLld
Int 5. 93'98 feet to a Point on the westerly rightrof-wasoutherly
Dina of said Ute
Y leaves) S.38.35'3/`E. along said right of�-way line 101.13 feet) thence ,
7.90 feet right of way�line 8.5/•07'50"!), 91.02 testi ttauos 5.39.57'Z2`H,
t thence 6.47.07 00•M. %3.63 feet) thence N.45.10' G 284.56 feet
to a point on the northerly line of Chance lade Claim U.S.M.B. No. 18301 thence
N•45°00'00'8. along said northerly line 530.21 feet to a
of the Little Nell Lode, U.B•M•S. 3881, AM.t thfe*tence toS. a Point o, Linealon3-ait!
line 3-1 5.00 feet:'t N.45.00'00`8. 170.64 feet to a point an the
southerly edge of the Aspen Alps Private road right-of-ways thence along
said right-of-xray along the are of a curve to the
feet a distance of 21.32 feet (cleft having a radius of 48.6(chorda Point on the northerly line of said Chuxe 1Eodesclaim• 21.15 feat), to
along said northerly line 243.49 feet to the 7Yue Point of Ba N'l5.00 00"8.
Parcel contains 6.86 acres, more or less. �2 ►a) said
r April 28, 1984 910 Cooper Avenue
Gletr'uod Sprirls, Co 81601
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470 F.x772
EXHIBIT "B" i
SITE DATA TABULATION"&
LOT NO. BEDROOMS ACRES• SQUARE FEET BLDG. FOOT PRINT
SQ. FT.
Lot 1 4 0.414** 13,674.8 1992
Lot 2 4 0.346 15,073.6 2243
Lot 3 4 0.514 22,397.8 3609
Lot 4 5 0.491 21,396.2 4856 j
c.
Lot S 5 0.461 20,076.6 5064
K'. Lot 6 4 0.363 15,803.5 350S
Lot 7 6 l 0.652 28,412.9 4367
Common Area
Within County 0 3.0 110,516.0
Roads Within 0.195 8,496.9
County.
Within City 0 0.249 13,233.4
parking Roads 0.47+/- 20,5404/-
Access 6 Parking
Easement t0 Aspen
Alps Condos 0 0.188 8,201.4
Total
Subdivision 32 6.8731 294,283.1± 25636.0
• 1 Acre 43,560 sq. ft.
�• All Acreage has been rounded up to nearest 1000th
—Revised as of Key 23, 1984 i
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EXHIBIT •C- ,� 470 puT77'3
CONSTRUCTION SCHEDULE r..�
ASPEN CHANCE SUBDIVISION
Schedule Date 1984
Protect trees to be saved May 23rd
Cut down trees and brush
Tear down buildings
Haul debris May 25th
Layout roads, utilities Hay 28th
and building envelopes
Rough grade road, building
envelopes and re-contour terrain May 30th
Dig water lines and install June 6th ,
Dig sewer lines and install June 11th
Dig gas lines and install June 13th
Dig crawl space for house 16 June 15th
Dig and install electric lines, June 15th
install cable TV. and phone in
same trench t
Transplant trees by road June 18th
Start foundation on house 12 June 18th
v Dig crawl space house 16 June 19th
Dig piling for house 16 June 21st
Final contouring south end June 21st
subdivision
Begin planting trees south side June 25th
Begin foundation house 06 June 25th
Dig crawl space for House 17 and drive June 25th .741
piles
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�` tilll �adaf'43iN yMdlJ�Sllt ii•L'LS.�i A..
4: Page Two (Continued} BOOK 470 m/ 4
Schedule Date 1984 ~
Back fill house 12 and June 28th
begin landscaping
Finish contouringupper bench July lot
and begin landscaping
Begin foundation for house 17 July llth
Begin landscaping on lined streams July 15th
Start work on rebuilding entrance July 15th
to mine
Finish work on drainage system July 20th
"''�{ - • Start landscaping on middle level July 25th
Begin landscaping on lower level August 1st
Landscaper to begin laying sod August 15th
Landscaping for lot year to be completed October 15th
Lay 6" of road base on all roads October 16th
Complete house 42 December 21st
�. Complete house 16 February lst,1985
Complete house 17 June let
Start house it June lst
Start house 15 June 15th
Complete landscaping on July lot
houses t2 i 16
Begin landscaping on house 17 July lot
Complete landscaping on house 47 August lot
Pave roads to upper and lower houses September lot i f,
Complete landscaping around house 11 September lot �r
Complete landscaping around house 15 October 15th
' ate,. -_,_.....----...............,. .. . . ... ...
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Page Three (Continued)
Schedule
' Date 1985
Complete house i1 December 21st
Complete house 15 February ist,1996
Start house i4 June 1st
Complete landscaping around house i4 September 1st
Complete landscaping around house i3 October 15th
Pave middle level roads October 15th
Complete house i4 December 21st
NFL
Complete house i3 February let, 1987
Finish clean-up on site May 15th, 1987
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470 wF776
EXHIBIT •D•
„ yi LANDSCAP$ DESIGN OHJECTIV$ '��”
in , coensuate with
constructioneand land
ihc accordance�wi[hr the Januarhe building
memorandum from Jim Holland, Director of Parka,12andlgthe
Conceptual Site Plan attached thereto, attached hereto as
Exhibit "1,• is anticipated in being accomplished in a three
(3) year period. The first year will ase the disturbed site
totally reshaped, utilities in place to each lot and
landscaping completed on Lots 2, 6 and 7. On the
boundary-line trees will be planted southern
to ,
screening from provide visual
the adjacent site. This will be accomplished
within the first summer of construction. The center three
(3) sites (3, 4, 5) will be covered with topsoil except the
house site per as and one of the three (3) sites will be
used to store, grow, and acclimate the plants and trees
screeninged trees,
the completion of the first year and the .
� 9 trees, as many as practical, will be planted
,
will be that area. The preliminary landscaping around Lot ] ,
done at the same time
. ::.". existing buildings have been removed.(summerAs each
after the
completed the landscaping per the plana illebehcompleted®
As much landscaping As practical will be done on each site
before constructi.on takes place.
It is the intention of the Owner, who will live in
the house designed on Lot 7 to create a beautiful, natural
environment for the occupants of the site to enjoy,
+.
POD Exhibit D/CHANCE
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EXHIBIT •a* 470 X777
' t PARR DEDICATION FEE
,S�{ Proposed Developments f' '
Lot 1 4 OR
Lot 2 4 OR
* Lot 3 4 OR
Lot 4 5• OR
Lot 5 50 8R
Lot 6 4 OR
Lot 7 66 BR
• Includes one (1) employee unit bedroom exempt from park
dedication fee requirements.
There are eight (8) bedrooms existing on the site,
two (2) in the barn and one (1) each in the six (6) other
structures.
The October 1983, purchase price of $900,000.00
for the whole parcel (which includes substantial land, 3+
acres, in the County dedicated as open space), indicates the
fair market value of the property.
Calculate as follows,
$900,000.00 t 7 m $128,600.00 X .01 - $1,286.00
tt subtract 1 existing bedroom per lot except for Lot 7,
subtract 2 existing bedrooms, Lot 7.
Subtract employee bedrooms from Lots, 1, 5 and 7.
Lot 1 (3 8R) 2.5 x 1,286
Lot 2 2.5 x 1,286
Lot 3 2.5 X 1,286
Lot 1 2.5 x 1,286
Lot 5 2.5 x 1,286
Lot 6 2.5 x 1,286
Lot 7 2.5 x 1,286
TOTAL 7 x 2.5 x 1,286 $22,505.00
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PVD Exhibit EICRANCC
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Z , 3�'•'< �.���,�Y �.5����lt�ttl�{�flt'� t��i �'t'ti t 1� �r +�. �� .� �:� q �..
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R!': l:XR1UIT "F"
UTILITIES INSTALLATION COST,{
Description J�
Material b Labor Cost
1. water
a• 6" ductile iron water main-343' @
$20.00/ft, $ 6,840.00
b. Pi re hydrant w/6" gate valves- $1,250.00
ea. 3,750.00
2. Sewer
a. 6" p_V.C.-347' @20,00/ft
6,940.00
b- Ilan holes - 6@ $44.50/vert. Ft.
2,202.75
L. Ring covers - 6@ $120.00 ea
720.00
3. Road Construction ,
a. 6" road base - 1250 sq, yds@1.35/sq,ft. 15,187.50
b• 2;.Asphalt paving - 1235 sq. yds@1.35/sq. . 13,893.76
c. 480' concrete curb and gutter @7,50 sq, 3,600.00
Et.
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TOTAL $53,134.00 `.
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1 LANDSCAPE DEVELOPHEN7' CoS1'
! Description Cost
Treesj`
$ 10,000.00
Bushes i Flowers 2,000.00
Top Soil 25,000.00
Sod 2,000.00
200 lbs of seed 500.00
Sprinkler 5,000.00
Stream i Pond 8,000 sq. ft. @1.00 a sq. ft. 8,000.00
Extra labor 2,500.00
TOTAL $ 55,000.00
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MEMORANDUM
TO: Aspen City__Council
i
FROM: Colette Penne, Planning Office
RE: Aspen Chance Subdivision
DATE: January 23, 1984 APPROVED AS TO FORM: j
I
I
LOCATION The Chance Claim
Frontage is on Ute Avenue just east of the Aspen Alps
Road (please refer to Page 3 of the submission foria
vicinity map) .
ZONING R-15 PUD and C - Conservation
APPLICANT'S REQUEST
The applicant is requesting conceptual subdivision and conceptual� PUD
approval and approval to build within 50 yards of the 8040 greenljine.
GMP exemption is beingrequested for 3 deed-restricted employee
units.
REFERRAL COMMENTS
The Aspen Consolidated Sanitation District says the project can bip
serviced by them. A trunk line lies in Ute Avenue.
i
The Water Department anticipates minimal impact on the existing wlater
system. Water would be available from Ute Avenue and/or the 6" gain
supplying the Alps development in Alps Road. They add that, "duelto
the layout of the property, we may require that the developer locpte
the .metering near the access road into the property in the event the
service lines are in excess of one hundred feet. "
The Building Department raises several points, some of which later
reviews may address. These are:
1. The access to the site should be formally addressed as 1�n
easement or recorded agreement. I
I
2. The Aspen Alps Tennis Court parking arrangement.should 6e
defined. 1
I
3. A bedroom count is necessary for park dedication fee calcu-
lation.
i
4. Two summers ago there was a problem with grading that
occurred above this site. It caused Glory Hole Park to
fill with sediment that was carried through this site.
Will this be fully addressed?
The Environmental Health Department notes that no proposal for in'-
stallation of wood burning devices is included in the application!.
Any such installation will be governed by Ordinance 12 (Series of
1983) . Windblown dust during construction must be controlled and!
immediate vegetation of disturbed areas will be required as a lon6
term dust control measure. Drainage from roofs, paved areas and j
disturbed soil sites must be retained on-site either with drywell's,
non-discharging holding ponds or discharge across vegetated areas! on
the property. Construction noise will. be regulated by the City o'
Aspen Noise Abatement Ordinance.
I
The City Engineering Department feels the application is generall�
adequate for conceptual subdivision purposes. Without an indication
of how parceling will occur, however, it is not possible to fullyi
Aspen Chance Subdivision
January 23, 1984
Page Two
i
evaluate provision of access rights-of-way, utility easements, and
sizing.of the proposed lots. With respect to the criteria of 8040
review, the City Engineering Department offered the following comments:
111. This parcel is of particular importance relative to they -
Urban Runoff Management Plan adopted by the City of Aspen.
We have, during various discussions with the developer,!
expressed the importance of an adequate drainage easeme$ t
to accommodate anticipated flows from the Spar Gulch area
under the Runoff Plan. Further parceling should consider
this easement.
i
2. Grading proposed for the site will result in considerable
disturbance to the existing terrain. As the application
points out, much of the site is covered with mine tailings
and substantial regrading will be done to create a morel
"natural" configuration. Substantial disruption will be
necessary, however, and subsequent approvals should coni
sider the potential for toxicity in the tailings and hots
topsoil placement and revegetation will minimize any poten-
tial hazard. We would expect the applicant to pursue i
further subsurface investigations as recommended by Chef
and Associates."
The City Attorney's Office comments are as follows:
1. The legal description of the trail easement should be
I
supplied early .in the process so that the Engineering al d
Parks Departments can coordinate the proposed trail with
existing trails and trail plans.
2. The applicant represents that it will attempt to keep aj
"majority of existing trees" on the site. The Code re
quires review to remove trees of 6" diameter or more.
i
3. We. assume that the Engineering Department will monitor !
closely all information concerning potential geologic
hazards and the impacts of grading and run-off on the Glory
Hole Park pond.
4. Mandatory PUD requires consideration of adequacy of inJ
ternal roads. The grade of the proposed access roads (16%
and 8%) should be certified as adequate by the Fire Di�-
trict for fire protection purposes. Also, although inter-
nal traffic circulation will be on private roads, the site
will be accessed by public roads that are being or mayibe
impacted by certain land use approvals and applications.
i
PLANNING OFFICE REVIEW
Verification of Units - The seven free-market residential unitsFro-
posed for this project are exempted from residential growth mana ement
competition as per Section 24-11.2(a) . The letter from the Planning
Office verifying the existence of seven residential units for re on-
struction is included in the submission materials and attached t
this memo. The exemption allows for the reconstruction of any Wild-
ing existing as of November 14, 1977, provided no additional dwelling
units are created. The verified number of units must be reconstructed
within five years of the date of demolition. Any building whichlis
demolished. shall be limited to reconstruction on the same site o� on
a contiguous site.owned by the same individual.
Employee Housing - An additional exemption from residential growth
management competition is being requested as per Section 24-11.20)
for the construction of three deed restricted employee housing rental
units which will be included within three of the free-market residential
structures. The inclusion of these three units came later in the
submission process, therefore, no comments are yet available from the
Housing Authority. The applicant. is planning to meet. with the Housing
Aspen Chance subdivision
January 23, 1984 {,
Page Three
i
Authority and their�Irecommendation will be available by the preli) inary
stage of review. S ecifics concerning the location and type of
units, number of berooms, size of the units, and the proposed price
categories will be }eviewed and outlined for you. The price catelliory
submitted by the ap licant at this point in time is for moderate tin-
come rental units, he acceptance of which will be based on currehat
community need. Th6 added density of these units has been calculated
by considering the three structures which will have employee uni s as
duplex units. The Sete is large enough to accommodate this densiIty.
As explained in the application, the entire ownership parcel conslists
of nearly 7 acres whch straddles the City/County line. The County
portion of the prope�ty is not being proposed for development. The
portion in the City cpnsists of an area of .75 acres zoned C - Colnser-
vation which lies abobe the 8040 line, on which no development is',
planned, nor was permissible density calculated including this area.
Below the 8040 line is 3.61 acres zoned R-15 PUD: (which requires !
slope reduction for density calculations) . Appendix B of the sub-
mission details the density calculation procedure as per Sectionj24-
8.18 of the Municipal Code. The net amount of land available for;
density calculations is 144,907 square feet. The R-15 zone requires
20,000 square feet per duplex and 15,000 square feet per single
family use. This application proposes three duplexes (units witH
caretaker apartments) and four single-family houses. The duplex4s
require a lot area of 60,000 square feet and the single-family units
require 60,000 square feet for a total land area requirement of
120,000 sq. ft. , which is exceeded by this parcel.
i
REVIEW. PROCESS
The other reviews this application is presently being considered )
under include the conceptual planned unit development plan (Section
24-8.7) , conceptual subdivision (Section 20-10) and 8040 greenlire
review (Section 24-6.2) . This memo will initially address conceptual
subdivision, then proceed through conceptual" PUD and 8040 greenlne
review.
i
Conceptual Subdivision
As stated in Section 20-7, the purpose of conceptual review is to
"authorize further study on the project" and some aspects of this
proposal are very preliminary at this time. Specifically, the q�}es-
tion of the suitability of the land for subdivision (Section 20-3)
will need to be proven in the subsequent review steps. A preliminary
review of the engineering geology of the site has .been completediby
Chen and Associates and attached as Appendix E to the application.
This information is being taken further by the applicant in thei4
more detailed site planning. The results of further investigation
and more detailed proposals concerning landscaping, grading, contain-
ment of runoff, control of erosion, and suitability of the mine
tailings will be basic to an evaluation of site suitability. The
site is outside mapped avalanche hazard zones. There may be soma
flooding considerations associated with peak run-off periods, and the ,
question of the existence of old mine shafts which would indicate
potential surface subsidence should be eliminated. Conformance kith
Section 20-17 Design .Standards for Subdivisions must be demonstr4ted
in the Preliminary Plat submission for all streets and related irjr
provements, easements, utilities and public dedications.
The present plan proposes to retain access to the site off Aspen -Alps
Road per an existing agreement and to provide a single access to Ute
Avenue. The existing driveway to the upper bench will remain as )
internal access at a grade of 8% and other internal circulation will
be at grades of 6% or less. The subdivision design standards se 10%
as maximum grade for local rights-of-way. Parking will be provi ed
at one space/bedroom internally on the site and will be eliminat4d
from Ute Avenue. The Alps tennis courts will be provided with access
and separate parking. The Attorney's comments concerning the potential
inadequacy of Ute Avenue are well taken, however', this project i§ a
i
t
Aspen Chance Subdivision
January 23,:!1984
Page Four
reconstruction project and not a growth generator. Numbers of pepple
and cars may be less than the current situation on the parcel.
i
Conceptual PUD Plan
The applicant intends to delineate relatively small lots so that
"extensive common area will be preserved for joint use." The sits is
unique in that an extensive amount of mine tailings exist, natural
spring water runs through the parcel, and the topography can be an
asset in terms of fitting structures into hillsides to reduce their
visibility and allowthem to become part of their natural surround-
ings. A site visit has been scheduled to facilitate evaluation o�,
this building placement and the applicant will be supplying additional
elevations. for .your review at the meeting.
The applicant submits that the site design proposed addresses the;
purposes of the PUD section of the Code in several ways. They have
also indicated that no variations from the requirements of the under-
lying zone will be requested. Full evaluation of any variations will
be reviewed at Preliminary Plat, when lot lines are delineated.
The purposes of a Planned Unit Development as listed in Section 214-
8.1 are as follows:
i
(a) Promote greater variety in the type, design and layoutlof
buildings;
(b) Improve the design, character and quality of new develop-
ment;
(c) Promote more efficient use of land and public streets, I
utilities and governmental services;
(d) Preserve open space as development occurs;
(e) Provide procedures so as to relate the type, design and
layout of residential development to a particular siteland
thus encourage the preservation of the site's unique n�tural,
and scenic features; and
(f) Achieve a beneficial land use relationship with surrounding
areas.
The applicant has addressed these purposes with the following proposals:
The existing topography will be altered by the reshaping and
terracing of the mine tailings for the purposes of shieldin4
buildings from view, maximizing privacy and solar gain. The
natural bench at the upper part of the property will be maiA-
tained and used as the site for two of the structures. Twos
structures exist there now and are virtually hidden from view by
existing slope and vegetation.
The applicant has stated that an effort will be made to "ke4p
the majority of existing trees." All trees over 6" in diam ter
must be individually considered, and should be shown on a d -
tailed landscaping plan.
Utilities will be placed underground on the site.
Natural spring water that runs through the site will be re- 1
directed and ponds will be created. The ponds will be both)
functional, in terms of handling runoff, and aesthetic, as a
visual amenity for the site and the occupants. The ponds w}}11
be used to reduce sedimentation of run-off before it ultimately
discharges into Glory Hole Park. Catch basins are being in!
troduced to retain run-off from paved surfaces.
Existing accesses will be maintained to minimize the amountlof
paved surfaces. The 6%-8% grades are within the, acceptablel
range of the Code standards, however, the Fire Chief must s�b-
stantiate their acceptability for emergency access.
Aspen Chance Subdivision
January 23, 1984 I '
Page Five
At this conceptual stage of the review. process, it appears that t e
application will utilize the flexibility of the PUD provisions toy
develop a design for the site which utilizes its assets and liabili-
ties in a way which will enhance the site. Until details are avail-
able on the grading and terracing of the site and the positioningiand
heights of structures are supplied, it is difficult to evaluate the
merits of the site plan. j
As required by Section 24-8.7, the application must include a state-
ment of intention for future ownership of all portions of the PUDI.
The owner of the parcel plans to retain one of the upper sites aslhis
home, then sell the other six sites with limited land area. Each;
purchaser will have an interest in the common area.
8040 Greenline Review
i
The review criteria £or.mandatory PUD and 8040 greenline reviews Lre
identical with the addition of one criteria- in 8040.. The review
criteria and the applicant's proposals are as follows:
1. Whether there exists sufficient water pressure and other
utilities to service the intended development.
The Water Department has indicated no problem with servjing
the project. Water is available in Ute Avenue and a main
exists in Alps Road. A sewer trunk line also exists in:, Ute
Avenue and the site has been served since 1975.
2, The existence of adequate roads to insure fire protection,
snow removal, and road maintenance.
The upper and lower portions of the porperty will be sel-
parately accessed and roads will have to be of acceptable
grades and widths to accommodate these functions.
I
3. The suitability of the site for development considering the
slope, ground instability and possibility of mud flow, irock
falls and avalanche dangers.
Preliminary work indicates that any geologic hazards can
"probably be mitigated by engineering design." This rather
ambiguous statement needs to be clarified with definite en-
gineering design proposals before you can determine sine
suitability in a definitive way. Based on the "Snow Avja-
lanche Hazard Zones of the Aspen Area" map prepared by
Arthur Mears, the site is outside any avalanche hazard.
4. The effects of the development on the natural watershed,
run-off, drainage, soil erosion and consequent effectslon
water pollution.
i
The proposal for a series of ponds, connected by sprin�
water flow, which will be designed to trap and filter out
sediment before proceeding to the pond at Glory Hole s unds
workable. With more calculations of the efficiency of such
a system, it may be necessary to consider a maintenance
agreement with the City of Aspen for the Glory Hole Podd if
additional sediment is introduced. The Engineering Dedart-
ment also requests that an adequate drainage easement be
provided relative to the City's adopted Urban Runoff M nage-
ment Plan. Engineered catch basins are being built toi
handle surface runoff and to eliminate oil and asphalt )
contamination of the spring water.
5. The possible effects on air quality in the area and city
wide.
Since this site is already a residential site, no long term
effects are anticipated by its redevelopment. if wood ;
burning devices are to be included in these structures
i
Aspen Chance Subdiv: on
January 23, 1984
Page Six
their installation will be controlled by Ordinance 12
(Series of 1983) . Construction dust must be controlledland .
immediate vegetation of disturbed areas will be required to
control long term dust.
(. The design and location of any proposed structure, roads,
driveways or trails and their compatibility with the terrain.
Subsequent information on the grading plan is necessary to
fully evaluate this criteria. It appears at this stage;
that if the regrading of the mine tailings can be accomr
plished as the conceptual presentation indicates, the I
placement of improvements will conceal structures, blen8
with the "new"terrain and offer privacy to residents.
7. Whether proposed grading will result in the least dis-
turbance to the terrain, vegetation and natural land features.
The Engineering, Department comments. indicate problems with
this criteria. They feel that the proposed grading will
result in "considerable disturbance to the existing ter�ain."
They also-question potential for toxicity in the mine I
tailings and suggest that mitigation measures (such as
topsoil placement and revegetation) be investigated. The
subsurface investigations recommended by Chen and Associates
should be completed and will help with more complete in'forma-
tion in the evaluation of the proposed grading plan.
8. The placement and clustering of structures so as to minp7mize
roads, cutting and grading, and increase the open space and
preserve the mountain as a scenic resource.
Existing roads are being utilized;*:open space is considir-
able if the amount of property being undeveloped is tak'n
into consideration. No structures are being proposed a ove
the 8040 line. The evaluation of building height can blest
be considered at the site visit. Concealment of structures
is an important aspect.of this project.
9. The reduction of building height and bulk to maintain t1he
open character of the mountain. l
Until new grades and building heights are detailed, it lis
difficult to evaluate this. However, the renderings td, be
supplied and the site visit will aid in this evaluation.
The fact that the entire portion of the property above the
County line will remain undeveloped, as will the .75 afire
above the 8040 line, is very positive in maintaining the
mountain's open character. The applicant feels that tie
area and bulk requirements of the R-15 zone, including '
height, can be adhered to in the design of the structures.
I
Other Considerations I
The applicant wishes to dedicate a trail easement of 401 in width
with a developed trail of 8' in width to the City of Aspen for ski-in
or hiking access from Aspen Mountain. Work is in progress to obtain
the cooperation of adjacent owners to extend the trail to Ute Av�nue,
connecting the Gant and the Aspen Club.
PLANNING AND ZONING COMMISSION ACTION
i
The Planning and Zoning Commission recommends approval of the concep-
tual subdivision and conceptual planned unit development plan fog the
construction of seven (7) units on the Chance Claim (Spar) propeIty
as presented. They deferred action on the GMP exemption requesMor
three (3) employee rental units in three of the proposed structures
to Preliminary Plat. The Housing Authority had not reviewed the !I
application, so. P&Z did not have a recommendation from them to review.
They also deferred action on the 8040 greenline to Preliminary Piat so
that more detailed information could be considered to determine coma-
pliance with the criteria. I
Aspen Chance SubdiV--ion
January 23, 1984
Page Seven
PLANNING= OYFI.CE: AND."PLANNTNG PND ZONING .COMMISSION RECOMMENDATION
The Planning.Office and the Planning and Zoning Commission recomm�nd
approval of conceptual subdivision and conceptual PUD with the follow-
ing conditions: I
1. Further investigation-.df-the engineering geology must be
completed to assure suitability of the site for. development.
2. Definitive information be provided which removes the question
of surface collapse or subsidence due to the possible
existence of old mine shafts.
I
3. Conformance with the Design Standards for Subdivision i�
Section 20-17 must be demonstrated in the Preliminary Plat
submission.
I
I
4. The Preliminary Plat submission should include more detailed
proposals for landscaping., grading, containment of runoff
and control of erosion, to the satisfaction of the Engineering
and Planning Departments.
i
5. The relationship of this project with the Urban Runoff
Management Plan should be addressed with the appropriatle
easement language and parceling to accommodate the easement
requested by City Engineering.
6. The potential toxicity of the mine tailings should be
addressed. If a problem exists, mitigation measures must
be outlined.
7. Impacts of grading and run-off on the Glory Hole Park pond
must be evaluated and, if necessary, an agreement for clon-
tinuing maintenance should be drawn up with the City of
Aspen. Continuing maintenance of the on-site ponds be !out-
lined through a subdivision agreement at preliminary pkat.
i
8. All trees over six inches (6") in diameter which are to be
removed must be shown on a site plan for consideration.1
9. A legal description of the proposed trail easement toe
dedicated be supplied in the Preliminary Plat submission
for review by the Engineering and Parks Department. I
i
10. Preliminary Plat should show a bedroom count for park de-
dication fee calculation purposes.
I
11. The shared access on Alps Road be formalized either thzough
a recorded agreement or easement. j
I
12, The Aspen Alps Tennis Court parking and access arrange4ent
should also be a recorded agreement or easement.
13. Any installation of wood burning devices shall be subjct
to Ordinance 12 (Series of 1983)...
14. Drainage from roofs, paved areas and disturbed soil siies
must be retained on-site.
i
15. Immediate vegetation of disturbed areas is required.
16. The applicant will joint in a sidewalk, curb and gutter
improvement district in the event one is formed. They will
participate to the extent of their frontage.
I
`X.
i
MEMORANDUM
TO: Aspen City Council '
FROM: Alan Richman, Planning Office
RE: Aspen Chance - Final PUD Submission Case #062C-84
DATE: May 29, 1984 APPROVED AS TO FORM:
INTRODUCTION
The :representatives of Aspen Chance have submitted their final PUD/sub
division
UD subdivision plat and agreement in order to complete the processing of
their land use application. To familiarize you once again with this
proposal, the Chance Claim site fronts on Ute Avenue, just east of
the Aspen Alps Road and wraps around the tennis courts and through
the mine tailings in the area. The zoning of this land is R-15 PUD
on its lower portion and Conservation on its upper slopes.
The applicant's proposal is to reconstruct seven (7) existing ree
market residences and to add three new moderate income employee u its,
all of which are exempt from our growth management regulations.
Prior approvals granted to the applicant are as follows:
January 3, 1983 - Aspen P&Z Conceptual PUD approval
January 23, 1983 - Aspen City Council Conceptual PUD appr oval
April 3, 1983 - Aspen P&Z Preliminary PUD approval,
8040 Greenline approval
The requests remaining before you are to act on.the Final PUD/Subdivision
Plat and agreement and to exempt the employee units from the growth
management quota system. Following are the review comments in this
regard.
REVIEW CONSIDERATIONS
Paul Taddune, Jay Hammond and I met on May 18, 1984, to reviel the
plat and agreements in detail., In summary, we feel that these documents
are substantially in compliance with the provisions of our ode,
but some changes and additions will need to be made prior to your
final approval. We, therefore, wish to familiarize you witY the
issues involved in the application today and obtain your gui ance
in several discretionary areas so that final action can be taken
at your next regular meeting on June 11. These issues can be b oken
into the following groupings:
1. Changes/clarifications since Conceptual review; and
2. Changes/additions to plat/agreement.
Following is a discussion of these two aspects of the application
CHANGES/CLARIRICATIONS SINCE CONCEPTUAL REVIEW
During Conceptual review, the applicant proposed to create seven
(7) small lots, each containing less than the 15,000 s.f. reqiiired
in the R-15 zone, and to keep the remainder of the site in common
open space. This arrangement complied with the underlying density
'of the site and kept the open areas of the site in common ownership,
guaranteeing a uniform maintenance approach.
The final plan follows the revised pattern established at preliminary
PUD of creating lots which meet the underlying requirements of the
zone district, with only the following as common areas:
1. Sculpture garden and turnaround;
J
KAREN B. SMITH, A.I.C.P.
7�D r7
.�
Planning and Management Services
P.O. Box 8575
Aspen, Colorado 81612 I c
OCT 2 6
Phone: (303) 925-4894 SPEN / PITKiN 0'.
PIANNIKG OFF
I
Sunny Vann, Planning Director
130 S. Galena Street i
Aspen, CO 81611 4
October 26, 1983
RE: . Verification of Units - Aspen Chance Property
Dear Sunny:
I
In response to Ed Zasacky's letter of September 27, 1983, yPu
have indicated there is .sufficient .evidence for you to verify at
least seven existing dwelling units on the Chance Claim property.
he seven units Inc uded five Ingle-family dwellings on the
lower part of the property and two units on the upper part, te '
barn and a single family dwelling next door. You asked f�r
further documentation regarding what we believe to be an eigh h
unit and that is provided herein.
The justification for verifying an eighth unit is primarily based
on the existence of building permits dated June 23, 1971. Tie
first, a general construction permit, refers to the constructi?n
of a loft area unit. The second, a plumbing permit approves nTt
only a sink, a kitchen element, but also a washbowl and wat r
closet, common bathroom. elements. Harley Baldwin, the person w;o
sought the permits. has verified for us that the purpose for thole
permits was to construct a separate dwelling unit.
According to the former Building Inspector (and the person wlao
approved both permits) , Clayton Meyring, the zoning at the tiie
was AR-1 which permitted multi-family dwellings. Therefore, the
addition of a second unit would have been permitted by the
zoning. The building code allowed "a studio dwelling of 2�0
square feet.
The existence of a unit which .predates. the Baldwin application Is
confirmed by tenants of the property as well. as by reference On
the June 1971 construction permit to existing electrical and
heating systems (see Notes to Applicant) . i
The existence of at least two verifiable units in the barn s
further confirmed by Aspen Metro Sanitation records indicati g
there were four kitchen sinks in the barn at the time of sew r
hookup.
Page 2
2. The applicant represents that it will attempt to ke p a
"majority of existing trees" on the site. The Code requires
review to remove trees of 6" diameter or. more.
3.. We assume that the Engineering Department will monitor
closely all information concerning potential geologic hazards
and the' impacts .of grading and run-off on the Glory Iole
Park pond'.
4. , Mandatory PUD requires consideration of adequacy of inte nal
roads. The grade of the proposedaccess roads (6% and
8%) should be certified as adequate by the Fire Dist ict
for fire protection purposes.. Also, although internal
traffic circulation will :be on private ,roads, the ite
will be accessed by public roads that. are being or may
be impacted by certain land use approvals. and applicatio s.
The Housing Authority approved the plan for th.re.e. employee u its
with the following conditions:
1. Standard Housing Authority Employee Unit Agreement be ent red
into prior to issuance of a building permit and be filed
with the Housing Authority.
2. Units be restricted to moderate income guidelines.
3. Units be available to the general public if not used ,by
the owners to house their employees and that verification
of employment of those persons living in the units be compl ted
and filed with the Housing Office.
PhANNIN OFFICE REVIEWS
This review will proceed through consideration of the prelimi ary
PUD plan and 8040 greenline criteria and will address the conditi ns
of 8040 g,reenline review. The conditions required by the Engineering .
Department address any def'iciences in the actual subdivision prelimin ry
plata Consideration wLLI_a_2.sn he aiven for the rantin of a. MP
exemption-tor the-provision o of employee housing on the site. .
The review.criteria for .mandatory PUD and 8040 greenline revi ws
are, identical with the .addition of one .criteria in 8040. The rev ew
criteria and the applicant's proposals are as follows:
.1. Whether these exists sufficient water pressure and of er
utilities to service the intended development.
The Water Department has indicated no problem with sery ng
the project. Water is available in Ute Avenue and a m in
located in Alps Road. A sewer trunk. line also exists in
Ute Avenue and the site has been served since. 1975.
2. Th'e existence of adequate roads to insure fire protect n,
snow removal`r and :road maintenance.
As .evidenced by the, comments of the Fire Department a
new fire hydrant will be added at a location prefer ed
by the City .Engineer, and all roads will be 20 feet mini um.
�w width and will access :all structures within a distaIce
r✓a"r
of 150 feet. The Final Plat must show these commitmen s.
The upper and iower.portions of the property will be separat ly
accessed and roads will be adequate to accommodate th se
/ functions.
I 3. The suitability of the site for development. considering
the slope, ground .instability. and. possibility of mud fl w,
rock falls and avalanche dangers. .
Based on the "Snow Avalanche Hazard Zones of the As en
Area" map prepared by Arthur Mears, the site is outside
,I
� I
Page 5
The problem raised by. the Building Department in their referral memo,
howevei, .needs to be discussed by the Commission. The definition
of a dwelling unit, as stated in Section 24-3,1(g) is, "one or more
rooms, in addition to a kitchen and/or both facilities., intended
or designed for occupancy.by a family or guests independent of other
families or guests. " With the bridge elements in the design of several
of these units leading..to suites with separate bath facilities and
entrances, the concern expressed over their very ready c.onvertabi ity
/ to separate living space ("bandit units") is justified. The applic nts
✓. have agreed to either remove exterior entrances or to covenant the
particular units where. this may .be a problem. The City, Atto ney
asks that. you make a determination of the acceptability of one (or
both) of these alternatives and the appropriate changes be made p for
to Final Plat review by Council.
Adherence to a project completion schedule, is required by Sec ion
24-8:20. The development schedule offered by the applicant is as
follows:
Buildout will be. over a period of two to three years. M st
of the public and common area improvements will be comple ed
in .1984, specifically:
1. Site grading;.
2. Upper driveway and turn-around
3. Drainage and paving. (except around the three cen er
houses) ;
4. Utility extensions (underground) , and
5. Landscaping (except around houses 3,. 4 and 5) .
"The landscaping commensurate with the building constr c
tion is anticipated. as being accomplished in a t o-
year .period. . The first: year will see the distur ed
site totally. reshaped, utilities: in :place and landscap ng
completed on Lots 1, 2 , 6 and 7. On the south rn
boundary line trees will be planted to provide vis al
screening from the adjacent site. (This will be comple ed
within the first year of construction) . The cen er
three house sites (3, 4 .and 5)- will be covered w th
topsoil and one of the three sites will be used to
store, grow, and acclimate the plants and trees nee�ed
for the completion of .the first year...and' the. screeniing
trees:, as many Ias Ipractical, will be planted aro nd
that area."
The Housing Authority has reviewed and approved the employee hous ng,
proposal. The units in which there will be a caretaker's unit re
considered to be duplexes and areon duplex lots. They must rem in
rental units. If they were to be condominiumized at any time, he
rental structure of the units which were verified as existing on
this parcel.prior to this application would have to be supplied or
the 18 month period prior to the application date. We are quite
sure that several. units would fall within employee housing guidelin s.
Since condominiumization is not being requested, this not an issue.
Finally, we will briefly review the conditions of the. Conceptu 1
approval:
1. Further investigation of. the engineering, geology must be
completed to assure suitability of the site for developme t.
The "Soil .and Foundation. Investigation for Proposed Residential
Development" which followed the "Preliminary Engineeri g
Geology Investigation" by Chen and. Associates gave th se
assurances.
f
. i .
KAREN B. SMITH, A.I.C.P.
Planning and Management Services
P.O. Boz 8575.
Aspen, Colorado 81612
Phone: (303) 925-4894
Af �
Mr. Sunny Vann, Planning Director
Mr. Jim Wilson, Building Inspector
City of Aspen
130 S. Galena
Aspen', CO 81611
September 20, 1983
Dear Sunny and ,Tim:
It is the intention of my client to reconstruct dwelling units on
the Chance Claim (Spar) property. Therefore, pursuant to Section
24-11.2 (a) of the Aspen Muncipal Code, I am requesting that 11ou
verify units on the property. To assist in your review, there
are seven buildings with ten units on the Chance Claim,. 1
i
It is my understanding that the verified units would be. exempt
fromhe GMP--ounta Competition. Given the PUD esigna ion o�t]ie. ..
property and the applicants intention to divide . the props y
into lots for future sale, I assume the proper applications f r
reconstruction of verified units therefore will be a combin d
subdivision and PUD. .
We would, appreciate your response as soon' as possible, so t e .
applicant can prepare the appropriate submission.
Sincerely, ,
Karen B. Smith, AICP
for the applicant, Neal Myers
I
KBS:klm
cc: Collette Penne
As en/Piting Office
130 sM Routh` galena: street
aspen; pado 81611
Karen,
The only modification in the conditions of Conceptual approval was o
Condition #9 which now reads:
9. Legal description of proposed trail easement and its relationsh p
e ` to adjoining properties and approval by Parks Director and PC A
and the Planning Department.
The conditions of Preliminary Plat approval are as follows:
1. All representations made in the Conceptual Submission and Preli ary
Plat Submission to address the 16 conditions of conceptual PUD re
made a part of this approval.
2. Access roads will be as represented to the Fire Department (20' inimum
width and within 150' of all structures).
a 3. Confirmation of water rights for the Durant Mine water and an ag eement
,y X-, with the City for its use.
p Nj�k, 4. The extension of 6" diameter water mains to within 100 feet of t e
dwelling units.
5. The four plat changes required in the Engineering Department mem of
F• , s
3/22/84 be made prior to Final Plat.
-6, p cant shall record covenants limiting use of the structure o
single-family and single-family with caretaker units.
7. The standard Housing Authority Employee Unit Agreement be entere into
prior to issuance of a building permit and that the agreement be filed
with the Housing Authority. .
8. The employee units must remain rental units and will be deed-rest icted
to the Moderate Income Enployee Cuidelines.
The employee units must be available to the general public if not used
by the owners to house their employees and verification of emplo ment
of those persons living in, the units must be completed and filed with
the Housing Office.
i
i
2.4 . Section 24-8. 17., Off-Street Parking Spaces.
.� No reduction in the off-street parking spaces is proposed
2.5 Development Schedule.. .
The owner expects that the development will build out over a
period of two to three years. All public and common area
,., improvements, with minor exception will take place in the fii-st
year (i.e. initiated in the-spring and summer of 1984) . These
improvements include:
o Site grading
o Landscaping. (except around the three houses
r- (3,4,5.) in the center of the site which may not be
constructed until the second year) . (see Section
2.3)
n
o Upper driveway and turn-around
o Drainage and paving (except immediat ly
surrounding the three center .houses) ; ground will
be covered but final grading will happen wh n
houses .(3,4,5) are completed.
o Utility extensions. (See KKBNA Grading-Utility
Plan) `
3.0 . . 8040 GREENLINE REVIEW
Explanation of how the application meets 8040 review
!" criteria was offered in the November. 2, 1983 conceptual
application. .Additional information relative to distil
considerations is offered in the site and architectural plans of
this application. Supplemental information on natural hazards
and utilities is included in the geologic investigation, Appendix
B.
4.0 . SPECIAL REVIEW FOR EMPLOYEE HOUSING
Three one-bedroom units (approximately 600 feet in siza)
r", will be constructed in conjunctionwith the three upp6r
homesite.s. Effectively this will create three duplexes and house.
up to six employees. Through deed restricting these unitsto
moderate-income rental guidelines, the City will ,gain controll d
units where none previously existed. These. units will beco
part of the , employee housing inventory. The applicant requests
permission to bring the owner's choice of residents before th
Housing Authority for qualification under employee and incom
guidelines. This is necessary because due `to the. design an
proximity of the units, it is anticipated that renters will act
i
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SITE PLAN
0510 25 50 100
Regular Meeting Aspen City Councii May zy, 1`J)b4
option in the Code. Richman pr ented Council with the landscaping plan,1rd recommended
that Council require the landscaping guarantee. The applicant is not supportive of this
recommendation. Richman said there are two possible alignments for the trail, one along
an existing roadway on a lower part of the site; the second is higher. The parks director:
recommends the lower trail. Councilman Blomquist asked about the annexation plans and said
it is important to him the park land be dedicated to the city. Karen Smith, representing -
the applicant., said they feel the upper trail would be more damaging as it requires cutting
a new trail 30 feet up a steep slope.
Richman said the park dedication fee has been confirmed by the building department; the
Council can exempt the employee housing units from this fee. City Attorney Taddune asked
if the owners would agree to dedicate all water rights. Ms. Smith said would with the
provision for irrigation for landscaping and for the ponds.
I
Councilman Blomquist moved to grant final subdivision approval to the Aspen Chance with
conditions 1 through 4 in the planning office memorandum and (5) the city receive a land-
scaping guarantee; seconded by Councilman Collins.
f
Council said they would like the applicant to deed to the city the land above the subdivi-:: j
sion. Gideon Kaufman said the applicant would do this as a separate action. Ms. Smith
said she did not feel the landscaping guarantee was necessary because of the caliber of
this development. The owner cannot sell the houses unless the landscaping is completed.
Charles Fagan, representing Bill Hewitt owner of lot 5, told Council his client does not
like the proposed fence as too close to the property line. Hewitt also objects to the
trees too close to the property and will block views. Fagan said there will probably be
litigation. There is a utility easement shown in the middle of an adverse possession
claim. Fagan said Hewitt is concerned during construction that his water line may be cut
off. Fagan said the construction access is shown right along the house, and would like the
i construction road somewhere else. j
Taddune told Council they should avoid as much as possible resolving disputes between
private litigants. Taddune said as long as the title is in the name of the applicant, he
would presume that it the case. Kaufman said the Code allows an owner to place a fence
on the property up to six feet, and this fence will be per the terms of the Code. Kaufman,.
said the access is their legal access to the property. I
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All in favor, motion carried.
i EAST HOPKINS TOWNHOUSE - REVIEW SUBSEQUENT TO GMP
Councilman Collins stepped down due to a .conflict of interest. Alan Richman, planning
office, said there are three reviews before Council; to exempt the six employee units fromi.
growth management. These units will be deed restricted, 3 studios to middline and 3 two-
bedroom units to low income guidelines. The housing office recommends this action with
some conditions. Another review is condominiumization for 9 separate units; 3 office units,
f 3 studios, 3 two-bedroom units. The employee units will stay as rental units and should
have a six.month rental provision. There is a parking reduction for the employee units.
One space per bedroom is required for a total of 9; six spaces will be provided on-site for
the three offices. Richman pointed out this is a substantial exemption request and there
will be an impact on the downtown area. The trade off is exempting parking to get employee
units. P & z felt comfortable with that trade off, since the city is getting six employee::
units.
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Richman said the recommendation for approval is GMP exemption for the employee units;
subdivision exception for condominiumization, and special review exemption for the parking:.
P & Z has approved this and passed on eight conditions. Bill Poss, the applicant, presented
the site plan and proposed plans.
Councilman Knecht moved to approve the GMP exemption for employee units, subdivision excep=
tion for the condominiumization, and special review for exemption from the employee parking
requirements subject to conditions 1 through 8 in the planning office memorandum; seconded
by Councilman Blomquist. All in favor, Councilman Collins abstained. Motion carried.
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SOCIAL SECURITY
Acting City Manager Ron Mitchell told Council the city had filed an intent to withdraw from {
j social security. After the city filed this letter, a new social security law was passed
which banned withdrawing. . There are a number of cities suing, saying this is not Consti-
tutional. Bil Dunaway objected to the city spending public money to withdraw from something
that every voter has to be in. Mitchell said when an employee survey was done, there was
almost unanimous support to get out of social security. Mitchellsaid getting out of social
security would increase take home pay, which is non-taxable, and the employees could put
their money in some fund that would benefit them.
Councilman Knecht moved to disapprove dropping out of social security; seconded by Council- .
man Blomquist. All in favor, motion carried.
TRANSFER OF LIQUOR LICENSE - Red Onion
Fred Pearce told Council the new operation would be sandwich/hamburger operation, very j
simple. Pearce told Council the owners also own the Old Dillon Inn and Pablo's. The
opening will be in June and they will serve on the mall.
Councilman Knecht moved to approve the transfer of the Red Onion liquor license to Red
Onion Restaurant Inc,- seconded by Councilman Collins. All in favor, motion carried. j
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APPLICATION FOR BEER & WINE LICENSE - Village Pantry
- i
Mayor Stirling opened the public hearing. Mayor Stirling pointed out the environmental
health department is requiring bathrooms to meet Code. Presently there are not enough
bathrooms. Pat Richards said the space has been'allocated and they intend to install
bathrooms. Mayor Stirling asked for opponents. There were none. Mayor Stirling closed
the public hearing.
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J 5�
RESUBDIVISION OF LOTS 4, & 6 INTO LOTS 5 & 6
OF THE AMENDED PLAT OF' ASPEN CHANCE SUBDIVISIOIN
COUNTY, COLORADO
PITKI-N,
AREA
LOTDRAINAGE,UT— DoT
SCALE IC—C ISET
A,2L-i
1'- -T
Colorado Secretary of-State - Aary 0 Page 1 of 1
��0 • ac •
Division
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n"u 1 rmwc� Ily Aspen city council May 29, 1984
Bil Dunaway asked if this ordinance has been presented to the P & Z; the Code calls for i
all zoning matters to have a recommendation from P & Z to Council. City Attorney Taddune
said Council can initiate ordinances and refer them to P & Z for work on the ordinance.
Taddune said he has prepared this working document as the request of Councilpersons.
Dunaway said it is illegal to adopt a zoning ordinance without a recommendation from P & Z.
Councilman Knecht moved to refer Oridnance #17, Series of 1984, to P & Z for their comments
seconded by Councilman Blomquist. All in.favor, motion carried.
�i QUARTERLY FINANCE REPORT AND DRAFT CASH RESERVE POLICY
Mayor Stirling said Council will have a work session on the cash reserve policy. Sheree
Sonfield, finance director, went over the major points in the quarterly finance report.
Ms. Sonfield pointed out there have been $627,000 in expenditures in the first 5h months
I of 1984. Ms. Sonfield said the city is fortunate to have cash reserves to support these
kinds of expenditures, but this will affect the capital improvement
program. Ms. Bonfield
pointed out the negatives in the water fund, which get larger even with increase in water
fees. Mayor Stirling suggested Council meet on June 4th to have a financial policy work
session, costs to date, capital improvements, and cash reserve policies. Ms. Sonfield told
Council she has had help from people in town drafting these policies, and it has been very
helpful.
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1984 PERSONNEL RULES AND REGULATIONS
i
Acting City Manager went over the changes. One is to change from 18 months to 12 months
when a seasonal employee can start accruing benefits. Another change is to reduce from
4 to l _hour segments that comp time can be used. There is another change that an employee
cannot use non-comp time after they have physically terminated; this has not been done but
is being specified in the rules. Another change is to add recognition for employee time
from Pitkin County or Snowmass for purposes of vacation and sick time accrual. The funeral.
leave has been increased from 3 to 5 days. The final change covers the confidentiality of .
personnel. Mitchell said the majority. of the changes recognize what is already in practice;.
These are. not increases in benefits. Doug Vaughan, Daily News, asked the Council examine
! the confidentiality provisions in order to allow for investigations when allegations against i
employees have been made.
I, Councilman Blomquist moved to table this issue; seconded by Councilman Collins. All in
favor, motion carried. Council requested this be brought back June 25, 1984.
CONSULTANT PROPOSAL FOR LODGE IMPROVEMENT DISTRICT
Monroe Summers reminded Council they passed a resolution to create the base mountain lodge
improvement district. Council also discussed a proposal by the consultants working for
the Aspen Mountain Lodge, who owns 40 per cent of the land in the lodge improvement district.
This proposal stipulates they will be willing to front end the cost of the desing work, if
they are the consultants to do the project. This proposal' is to have Doremus & Co. do the
work and have Sandra Stuller as legal counsel for the lodge improvement district. Summers
said staff is asking for conceputal approval by the consultant team for planning and design
I ing of the lodge improvement district, and $13,200 for legal expenses. These costs are
i
reimburseable through the assessment of the district.
Mayor Stirling asked why the city attorney doesn't do this work. City Attorney Taddune
said there will be three entities; the bond underwriter and counsel, the city attorney,
and counsel for the district itself. Mayor Stirling said he does not want to see the city
spending money until the issues with the bankruptcy and the Aspen Mountain Lodge are
resolved. Summers said he would like to get this ready to go without actually starting.
Summers said the city has spent about $4,000 for the pre-planning which forms the basis
for the conceptual design. This has been approved in workshops with the public and with
Council.
i
Mayor Stirling moved to authorize the city manager and city attorney to develop a detailed
contract for planning and design services for the base mountain lodge improvement district
the team of consultants and other terms outlined in the Doremus & Co. lodge improvement
district draft proposal number.2, dated.May 21, 1984, and submit same to Council for final
j approval; secondly, motion to appoint Sandra Stuller subject to a recommendation by
counsel by June 11; seconded by Councilman Knecht.
Councilman Collins said he feels there is a conflict in that the professional team suggested
to do this work is also retained by the Aspen Mountain Lodge applicants. Councilman Collins
said it has been the policy of the city and county when seeking professional services to
request proposals. Summers said the logic behind having the consultants who are working
on the Aspen Mountain Lodge has to do with economies of scale. Summers said it is conceiv-
able more money could be spent bringing other consultants on line and having them work with
a team of consultants currently working on 40 per cent of the improvement .district. These
consultants have offered to pay the costs on the front end until the district is formed,
which is another inducement. Summers said the staff feels this approach will save money.
Summers said bringing another team of consultants in to re-do the work seems to be a
i duplication of effort. Council requested staff to find out how other owners feel about
having these consultants work on the improvement district and bring this back in two weeks..
Mayor Stirling withdrew his motion, and moved to table this until June 11; seconded by
Councilman Knecht. All in favor, motion carried.
ASPEN CHANCE SUBDIVISION
Alan Richman, planning office, told Council there have been some changes since conceptual
approval. All the lots will be conforming lots of 15,000 square feet each. The subdivi-
sion will principley be fee-simple lots. There is concern about grading and landscaping.
Richman said this site is loaded with mine tailings and is not a natural site. The
applicant is proposing substantial landscaping, which will improve the site but does make
landscaping an important issue. Richman would like a landscape guarantee, which is an
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AMEND _FINAL PIAT OF ASPEN CHANCE SUBDIV `S10`I
A8PIN Clum WulvistDR
LIRE AND CDR42 CNARt ...._.. -.. ..... - _ -
LJM 10-196 MART �� Th"Laea•a•rlat L ratae0•d to nyL<•the Or363=1 t1•e r•eozdad in I
LINE OR DELTA tADN9 ARC .fiat Geek t!as pn2.1f. •.1
0
l Olt DELTA RADIO! ARC LOAD '
CDRTE IV LERM REARING DISTANCE { CeRPE RD. .. LEWIS 16AR2110 6ISTeRL1
M
.
1.
1. 97'68'16" 3.W' 3.36' 5.06.56 36.7. 2.fe' 8
- j
2. 9Tf8'U" 1J.M' 21.35' !.06'36'367. 19.05' - 16. 160.50'27" 5.00' 12.29• 6.11'31'337. 9.62•
J. 97'IB'U• 76.06' ».36' 6.06'!6'367. 37.11' 17, 177.21'16' 5.00• ll.". 6.09.68'597. 9.32• g*
6• e.»']7'S7'R. 16.66' 16. 6.78'29-177.
S. 17.60.38' 36.00' 11.11' 8.39'12.227. 11.06' o
a 19. 11'16'61- 36.00' 1.09' 6.66'63.6]•2. 7.07,
6. 2J S2'S0 111.00 S0.6J' !.16'!0'87. 10.071 -20. [»37 3111. .0.73'
7. 21'08'01 261.00 6a f0' 6.01`M 39-[. eH O!'7 4t 21. 04'08'56` 219.00' 15,66' !IA 18 1". 13.85• ,[o o. ,a .ae •e
-•` 6.»•37'sTll. 1s.v' sc..<e: u..cr.ec r•ccr _
9. 12'65'49 261.00 •57.69' f1 I rP•rASN ,ac OSrernc rnr n<edas, ✓ra.rY wNe ?v,w tA+e+•rrun
8.41 LO.29"6. 33.58' n. 07.69'OL 36.00' 3.02' :.66'22'377. y�1' CONOOMrNvuM NSSOC. f.�,•r, f•>vr ie,rMw.eaPa r.NewrNr✓,..
" ��a+e. le n✓!II.Ve'N r,M•✓t'd,p„re,,.,r<aN .'..
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.[desaro5 ec Yrvd cee.z,t�No,eccozns<e.r '
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'oo-r • � �_ e. .. ..w•..rrd.. ..y c,.cr. ,)`. !bs���s, rr�.ic�JCP'LeN d%e.J
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• GOT 7 _ I .r.: ::oi. .e..e�.•rr✓ f'.� M
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In
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LOTS
\ \ \ \ \
. pp
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\ \ \\ \yam e.e.d.ed / 1 / / �_ Hm '-. lIu trewr ur I< "••two I + 9 LOT
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r \ \ \ \ \ /.J- /r<�• \ \ .M.W.t `i /; .y ii ,{ II 333
e � \ \ � �y i/ \\ roee• \�, =coo � ��
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� LOT LOT /
0 I L %wes Foe'e..<.rY\ \\ roeo'octti,.ee /� 6✓/ n,eTB..� I I I re,aa�_d ` I $ .a T'
I4M�.6. I PRO..t I e ' ` • <
\t rlE• 1\ \ \ I tee,.. ..Y \ a..c �/�l0 '�,v,eo..e.w,.r+ .i r.,s "Z I I' 1,,,r....'.r,.,.c � � a II � �:.
w \ \ � \\ \ \ r« // ��l`-.rho ✓r...ry ew.rnvr J( I 1.. rr.c.-Y lec. 9 � l7 �
a>�e' - ewer .r .a ✓ e+u,.r..r _- _- -_ -_ -_ 7 re.b,�• rl
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i ,09-CM.Olum)
[fou rll nen M the-e pre,nnu that Aspen Ct1ra<,) IaO., twlaR the OrnIL u
of Lots 1, 3, 6, 5, end'7, Ned Oak f CeLered°, Ice., '£6lerade f` m T2TRIR) -- - '-� - �-
CorForetla•, orner of Lot 6, and Jehn f.NS<kal, °rent ["Let 2 in M� !a�+..• _ �!"
7.
City Of Aepen.County of Pitkin, state of Celo ad ar.R 11er•by f 6.re[geia2 lnarrintzat rr.ctnor.d$ad+b.[on p ekrey�4.7 Of
«kverled6e And a«ept thin anevded plat of Asp. Chae<e Rnbdi•2aiov.f' 1fH(( 67 word: eoa..,ew s awevy s wmea rw wt
craee.�rN.e..0 �e•,,,..ee A
67LECMD chis lf-_&. f �Ob/ �'LF/M �r74/ r Y ow Te rr^
�- 7 e see...br. A.a., 1483.
e,.e.re,.•r�v �.er,,fsa %r
- Aa ine. Yitni.•.7 hand avd efflrlel'.ul. eer Ilea lvdy ep 4,'f� ? j I
By
'„e../ - .-�Mf Cesie.tx 6zpfr•.r .w o.�IG AV pBlfEftR'66 C:673PIC1T6 • ` ; E
i
ad ask [Cela d Ice. ; Crank Werring m later land sa ae A.r•k certify eM
a W. .a
_F 6r:��T�•-' �J/ M BTATH...Or COLORADO ...�.-.-_ h��c - 2on•w yr•p.tMrtMe dO ad flet of A•Pan Ch.-6ubdiri.ion,rthat the
Of COLORAOa)_..... ,- - / aceure uiyfAnd<the e.r•<cly oae.narn•raeoo•tluc the a•me And AAb- %.e Used,:field f ,
1 John T. Nickel An mwore .r.-.•aro >eaw.t {
.. 0' anrTey..na that tM PLtc.e cite cenfeena to thee•at.k•d
CUi NTT OF PTTKtN) CaOAiT Dr 7I1RIA) eCERTITICATR 0T APAO►AL-fureoe•e to See. 26-6.26(.) 4 :rvwd. ter.•. -
Iryr/ PTAACE FOR RECORDING e` 61MM1 A�dM
T[h'�e�f�ore�go in; tn.trvmen[ . ekmrLedgM before ue cAfa3 dey of She fote2oing Snetnvm[ra cknorlea6ad before.a cel. 31�i a.7 f 1.naP of tM Afine•d f1.c er A.pen CMn<.suss 1.t.tee w ro,-ad by Rice...thereof, I AO+•.e[n head end,..1 thin PE6)$T�r
l�ilf _. 198s, Ay�(1-4�pp fid 1966. b] �\!n T N{d'cl TA'pa cit?EvRlne.r and el.nnto6 orrl<.01r.eenr ch w"' eta_.�_ . 1965. ��`10.•'•"NRI•F9�'yo 1n P1nc of the 6s!md.d TLt nr A.peo LT.nea 6udE 1.i.1on in accepted
1f8�. „gym N6 P'Pl:O
for fittnR fe t1r !rice o the Clerk R•<erd.r of Titkln County,
Rltve.s•n heed and off iclal.ed1. 9f2tDI.�ti~Chad ad rfbtaia�.! M/ y ��k Y���=V' - , {.ne' l°reeo, cAlr�+7aday of yldafA�yt.. 1966, in flat book T
` v_33` " >> ���LTTTa�lir 2 OF
.r �Ql()1 �tT
7 !y qq
roanis.fon Ezpire.: Ij1rJ at Ay lneeltf tesE:pare :i rO ? - • - _ ! 's F. 9 Fac Co erct r/ CO
=�C YiAa 7w..>,m. t '� rlannfo6 OfrieA?"Anter �yy�nf Ar (v..S Asea 7a,•,r r.Tr �J� C.r Eecor er ` J
.-.. pORr7 Snnlie . 1 �'1S11e NI:'1!,:•:.ii .. l
1•/�� 111111
Ac
Alk
law
r Y
RESUBDIVISIONOF LOTS , 5 & 6INTO LOTS & 6
OF THE MELDED PLAT OF ASPEN CHANCE SUBDIVISIO\
PITI'IN COUNTY , COLORADO
X02 °� M
�:z .2 2'
D O `.L
2 cc (^'•
v � C
F. ^ ?`_ / i✓,ce WATER DETENTION AREA
3. LOT 3
F
Wcr
; E-
PRfVATE ACCESS, _ ���
,. LOT 7 DRAINAGE,UTILITY � '.r� cT I t
j LOT 5
6c=j.2 EASE. 1'� �. s ; i 30774.7
AC-
Is NN.
SCOK i?p, w cam'.
ZCALE:I INCA=3C FH'
SKI EASEMENT -I-
�� LOT 6
062 AC m A
�d jn \ CERT.FiCA_-' CP C.iGT!ON AN,OWER.9NT_?:
LOT 2 Know all ver ov tes that Bertram R. Firestone and nsPm�Chalce, '', j
the,Jointrce•1ts amens of int 4, Aspen fiance s b&- 'sion, and being tie '.'.I I ',
of int 5 and Tc^6, i<sT_•t Svely. Aspen Ct Ke Sund.vision, Pitkin ^I
County. Colorado, as tia same are atn O on tole lupi P_a_of Ash Chance
. S Subdivlsim deco ded in?kat Book i6 at Page 38, as a_1ded by the
- — _ 5.4 73C'd'<y ;83.71• \\ _ ——_ recorded it?-at k 16 at Page 28 L•1 the office of the P_tkin County Clerk a > i � r
and Recorder, have OY
resvbdiv:dinm said Iott{�t I�ae�s 5 and 6 as stmrm on t!.?!at`miler ing t� 1
t
and styie of t'a Rea kid-vLs n of Intl 4 5 and o into lots 5aend 6 of ce
Amended_lat of Asper.Chance Suhd4 ision. � .
� I
e,mcuted this /5"day o �n.lr..,�.•+ sfis. i � .
!'.. ASFEV :;c e,�corpnrat±ten
Acctrl'ANCZ PCR RFCCEDIM: v1...�'a
-= This Resubdivision of Lots 4, 5 and 6 into Lots 5 and 6 of the Amended Plot of
K. C. Myer�y�P^esidex:t
Asps Chance Sxhdivislon Ss accepted to:til-'r��in tM ffice of the Pitkin
county C1 k ard..Be de Lhis_�_day of NavLw4�/ . 1969, in Plat
Hezttaol R. F�estone
Book 73 at Pane Ren.•epti�.No. i 700 i 1,
STATE OF C=a"c ) I
CanvTy OF Final" u
1=lament..as ar�anwl before me chis u
raged .a c.
I
1989, by E. G. !Nyens as President of A^,pen�l' _,sirs., a !
oi'14'�P!a7VAL: corporatia�
-%sbdivi.!—of rots 4, 5 and 6 knits;,Ors 5 and 6 of the Amended Plat of Witless my hand and official sea;,
Aspen CFance SrbdlvlsiCs:has been reviened and s ie_ren f approc ad trr L'he My CammisSci:3p;res:�� �
?lannL•rg C±rettor of the City:;f Amer., a Colorado Mamicipai Corpo atio<z
pun uan^s t to the autm'ity set for*.in Sectio 7-907A of the Aspen 1a.4 Cse - Notary(�iC'ic�y�ry'1 VI
Code this day of 1989
STATE OF VIEC\SA )
ss.
efum,Ql6..n,.�D:tteto'L, wenn^:OF
u �
-- _ The foxegolnrg i5traart rras aclanrrledged befo
1989, Belt—R. Firestone.re me taus�c:ilii day of
_ •sr 'uy
�-Y
LI J
SLZi VE47R'S CHSSFIG'R Wit.• y)pi and offlciai seal. Y
1,Frank W. Harrington, registered land s veyor, do!,ereby certify tpt i:',ate 'ainn r-9. />'�.: �� Y ° �; 31 u:
L o °
is ' r
- prepared this ResvbdSv±slatl of oats A, 5 and 6 into Loer
Lot S and 6 of e.bale: c -�' 'J: i
Plat of Aspen Chance Subdivision, that the location of the lot lines of lots 5 Notaty Pbl?F v
and 6 are accnmtely and cmree,ly strnn berman, that the Sae are based
_.rid conveys and that Platted Lots 5 and 6 Conform to those staked an the
ground.
- 1N WFTNBS5 TFEREOF, i hart set my bard and seal h_is 4 day of
1969. a RE61Sl
aCit'�,ARM fC �i" _ i
......_ Frank W. Harrington
d.
/ .. ��70N.l^NOe'.l �