HomeMy WebLinkAboutcoa.lu.su.Tippler Ext Vest.A00103
~
CASE NUMBER
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
1'-)
A001-03
2737-182-96033
Tippler Townhomes Subdivision Vested Rights Extension
535 E. Dean St
Scott Woodford
Vested Rights Extension
Tippler Townhomes
Vann Associates, LLC
02/24/03
RESO 17-2003
APPROVED
02/25/03
D Driscoll
~
1:
~,
VANN ASSOCIATES, LLC
Planning Consultants
January 16, 2003
HAND DELIVERED
Mr. Scott Woodford, Planner
Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: Tippler Townhomes Subdivision Vested Rights Extension
Dear Scott:
Please consider this letter an application for an extension of vested rights for the
Tippler Townhomes Subdivision (see Exhibit 1, Pre-Application Conference Summa-
ry, attached hereto). The application is submitted pursuant to Section 26.308.01O.C.
of the Aspen Land Use Regulations (the "Regulations") by Aspen Land Fund, LLC
(hereinafter "Applicant"), a Colorado limited liability company which is the new
owner of both the Tipple Lodge and Tippler Townhomes Subdivision properties (see
Exhibit 2, Title Insurance Policy). Permission for Vann Associates, LLC to represent
the Applicant is attached as Exhibit 3. An application fee agreement and a list of
owners located within three hundred feet of the property are attached as Exhibits 4
and 5, respectively.
Background
The Tippler Townhomes Subdivision was approved by the City Council on May 26,
1998 pursuant to Ordinance No.6 (see Exhibit 6). The project was granted a
residential GMQS allocation for four free market units and lln exemption for four
deed restricted affordable housing units. As the attached site plan and architectural
drawings illustrate (see Exhibit 7), the units are to be contained in a single multi-
family structure which is to be developed on the site of the former Tippler nightclub.
Off-street parking for the project is to be provided in a sub-grade parking garage
which is accessed from Galena Street via an easement across ltl1e adjacent Tipple Inn
Condominiums property. The Subdivision's approval conditions are memorialized in
a recorded subdivision agreement, a copy of which is attached as Exhibit 8. A copy
of the recorded final plat is attached as Exhibit 9.
230 East Hopkins Ave. . Aspen, Colorado 81611 . 970/925-6958 . Fax 970/920-9310
~'!
~
~
i
,
Mr. Scott Woodford
January 16, 2003
Page 2
Following the City's approval of the Tippler Townhomes Subdivision, a neighboring
property owner filed a Rule 106(a)(4) complaint for judicial review with the
District Court. Both the property's prior owner and the City were named as defen-
dants. While the project's land use approvals were ultimately upheld by the Court of
Appeals, the judicial review process encompassed approximately twenty-one months
from beginning to end. As the prior owner of the property was reluctant, if not
unable, to commence development until the complaint was resolved, the City granted
an extension of the project's original vested rights period. Pursuant to Resolution No.
66, Series of 2000, the Tippler Townhomes Subdivision's vestl:d rights were extended
from May 26, 2001 until February 26, 2003 (see Exhibit 10).
A building permit application for the Tippler Townhomes Subdivision project was
submitted to the City in March of 2002 by the property's prior owner as a condition
of its sale to the Applicant. The Building Department has completed its initial review
of the project, and a building permit is expected to be issued upon the submission of
minor revisions to the project's architectural drawings, the deed restriction of its
affordable housing units, and the payment of applicable building permit, utility and
impact mitigation fees. The Tippler Townhomes Subdivision property was purchased
by the Applicant on July 1, 2002.
Extension Request
As you know, the Applicant is presently processing an application for conceptual PUD
approval for the development of a timeshare lodge on a larger parcel of land which
includes the Tippler Townhomes Subdivision property. Inasmuch as it will be
impossible to complete the required PUD process prior to the expiration of the
Tippler Townhomes' vested rights, the Applicant respectfully requests a further
extension of the expiration deadline to allow sufficient time for the review and
approval of the proposed timeshare lodge project. Given the scope of the project and
the complexity of the PUD process, a three year extension would appear to be reason- .
able. .
Review Requirements
Pursuant to Section 26.308.01O.C. of the Regulations, the City Council may by
resolution at a public hearing approve an extension of vested rights subject to compli-
ance with various criteria. The specific review criteria, and the proposed extension
request's compliance therewith, are summarized below.
1. The applicant's compliance with any conditions requiring performance prior to
the date of application for extension or reinstatement;
"
~
,'1
,
Mr. Scott Woodford
January 16, 2003
Page 3
As the attached materials indicate (see Exhibit 11), the Applicant has made
considerable progress in addressing the various conditions contained in Ordinance No.
6. All relevant conditions which were to have been met prior to issuance of a
j:lUj!~g~pe!iii1rrwiih-the-exception ormepaymentoTappliCab!lehllp~ct fees which
ire to paid concuir~",rthtlie- issuaiice-ofihe~pe111liCancf-ilie deed.restrictioii-'of the
project's 'affordabI~ housing~nitsrI1ave'been addressed.-The~r~~ious conditions are
addressed in either the attached materials or in the building pelmit submission.
2. The progress made in pursuing the project to date including the effort to obtain
any other permits, including a building permit, and the expenditures made by
the applicant in pursuing the project;
As noted above, the Applicant has applied for a building permit and the
Building Department has completed its initial review. It is our understanding that a
permit will be issued upon the submission of minor revisions to the project's architec-
tural drawings, the deed restriction of its affordabl(: housing units and the payment of
applicable building permit, utility and impact mitigation fees. As the attached letter
from David Rybak of Bill Poss and Associates indicates (see Exhibit 12), expenditures
to date in pursuing a buildin&.pS:1Ull~ceed $4QQ,OQ.Q.OQ.
."---...~--
3. The nature and extent of any benefits already received by the City as a result
of project approval such as impact fees or land dedications; and
The project's required i;npact_lI1itiglltiQ!lJ~(:s are to be paid in connection with
the issuance of the building permit. As'the attached final plat indicates, a small non-
contiguous parcel of land was dedicated to the City for right-of-way purposes as a
condition of subdivision approval.
4. The needs of the City and the applicant that would be served by approval of
the extension or reinstatement request.
It is both the Applicant's and the Community Development Department's
preference that a timeshare lodge be developed on the property as opposed to the
previously approved Tippler Townhomes project. The requested extension will permit
,the. Applica,nL!gcolJ1p1ete.Jht:_x.!<quired PUD process "for the Tc;dge"project withOiit
/ haviiigtopu1l abuilding permit for-llietowDli6mes:--Thenee<ls-ofDotb. the City and
the Applicant would appear to be served by this approach.
In order to receive a vested rights extension prior to the present February 26, 2003
expiration date, it will be necessary for the City Conncil to consider the Applicant's
request at either the February 10 or 24 Council meeting. As consideration of the
'"
1)
:J
Mr. Scott Woodford
January 16, 2003
Page 4
request at a public hearing is required, the public notice must be mailed on or before
January 24 to make the February 10 meeting. Your timely scheduling of this
application, therefore, would be sincerely appreciated.
Should you have any questions, or if I can be of any further assistance, please do not
hesitate to call.
Sincerely,
ann, AICP
C: \oIdc\bus\city .app\app44202. vrx
f'i'\
CIl . I"F ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
..-.
)
EXHIBIT
~..'
I
/
I>i\1lE: 1.15.03
PLANNER:
PROJECT:
REPRESENTi\ TIVE:
OWNER:
I>ESCRll'TION:
Scott Woodford, 920-5102 (scottw@ci.aspen.co.us)
Tippler Townhomes Subdivision
Sunny Vann (925-6958; fax 920-9310)
i\spen Land Fund, LLC
The applicant proposes an extension of their vested property rights for their approval to
construct four free market townhomes and four affordable housing units.
land Use Code Section(s): 26.308
Vested Property Rights
Public Hearing:
Staff for completeness of application, referral to applicable aglmcies for technical considerations
(see below) and a I>evelopment Review Committee (I>RC) me,eting, then City Council for final
approval.
Yes: City Council for Final Review (Note: applicants must post the property and mail notice at
least 15 days prior to hearing and shall provide proof of posting and mailing with an affidavit at
the public hearing).
Zoning and Building I>epartment
Minor Fee $1,260 for 6 hours; $2l0/hr. for additional staff hours
None
$1,260
Review by:
Referral i\gencies:
Planning Fees:
Referral i\gency Fees:
T otalI>eposit:
To apply, submit the following information:
I. Proof of ownership with payment.
2. Signed fee agreement.
3. i\pplicant's name, address and telephone number in a letter signed by the appliicant which states the name,
address and telephone number of the representative authorized to act on behalf of the applicant.
4. 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 I>evelopment i\pplication.
5. Total deposit for review of the application.
6. 12 Copies of the complete application packet. P&Z = 10; CC = 7; Referral i\gl~ncies = 1/ea.; Planning Staff= 1
7. t\n 8 1/2" by 11" vicinity map locating the parcel within the City of i\spen.
8. Site improvement survey including topography and vegetation showing the current status, including all easements
and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado.
(This requirement, or any part thereof, may be waived by the Community I>evelopment I>epartment if the project
is determined not to warrant a survey document.)
9. i\ 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.
10. List of adjacent property owners within 300' for public hearing. The GIS department can provide this list on
mailing labels for a small fee. 920.5453
11. Copies of prior approvals.
12. i\pplications shall be provided in paper format (number of copies noted above) as well as the text only on either
of the following digital formats. Compact I>isc (CI>)-preferred, Zip I>isk or Floppy I>isk. Microsoft Word
format is preferred. Text format easily convertible to Word is acceptable.
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 mayor may not be accurate. The summary does not create a legal
or vested right.
JUL-08-02
10,48 FROM,HOLLANOHAR~
10,8"l":'
p
Ii
1) ,'.,. .... '
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A '
EXHIBIT
I
2'
Case No. PC 67201.3
(b) AI. TA Loan Plllic:orForm 1992 Amounl$ 5,5 .OOltClO
PremiumS 200 00
proposed Insured: Rale: Compan n
Al?INE BANK ASPEN. ITS SUCCl:SSORS AND/OR ASSIGNS
T~Certifi
3. Tille 10 !he FEE SIMPLE eslaIB or interest in 1he land describe<l or referred 10 in is Commitment i; al1he
e1feclive dale here9f '<8SlBd in: i
MAl.AYffi. lNC.ACOLORAOO CORPORA\lON,ASTO PAACEL 1 \
ASPEN lAND FUr' u.c. A COLORADO UMlTED UABlLITY COMPANY. AS to PAFlCa 2
4. The land referredlD~.n this Commilmel1l is situaled in the County of PmoN Slal& if COLORADO and is
described as follows:
I .
-~l'"
Pm:IN COUNl'Y'lIII.E. IN'c.
lIlI1"-HOPI:INS \
ASPEN. 00. 81611 .
~766P1lOllc
~FAX
l!:I7~tsnollr..e
AUTIiORIZED AGENt'
ula A-PG.1
Cornmilmenl is invalid
un s lhe Insuring
Pro . . Il\$ aM Schedules
A a e. are a1laChed.
COUNTa'lSIGNEO:
I
I
;
l
j;
i
JUL-08-02 10:48 FROM:HOLLANOHART
to:9709259415
rfo'l'Uc.
~, .....
1)
,f!
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 1:
TIPPLER TOWNHOMES SUBDIVISION. aet:Ol'ling 10 the Platlhereof ..corded
BooIc 48 at Page 3.
TOGETHER with the following described four parcels:
FIRsr PARCEL:
I8r 25, 1996 in Plat
All property, estate. rGht and inl8r~ in 1It~ land and real estata prcpet1y that is b~ the unfinished
ceiling sea level eIevalion 793ll74fee, and being wiIhin 1he following:
=onin9 at Comer No. 1 of Trnct 1 as set lorlb iI> 0e9cl1'llCOlded Selll8rnber 14, 't iin Book 222 at Page
thence N 27"51' E 4.75lee1;
thence S 62"10' E 6.55. feel; I
thence S 27"45' W 4.75 feet;
thenca N 62"10' W 6.S6 feetlll said Ccm3r No. 1 the point of beginning. .
SECOND PARCEl..: ! . . 4
All property, estate, rig~ and int8rest in the land and nlaI property !hat is slIuale the unfinished ceiling
sea level aIevaIion mr.ll3 feel. and beinO within the Iullowing: I
~ at Comer" 2 of Tract 1 as set Ior1Il in Deed retOlded September 14, 1t iin Book 222 at Page
1hem:e N 62"HT W 0.77 feel;
lhence N 27"45' E 4,75: feet;
thence S 62"10' e o.n leeI: I
thence S 27"45' W 4.7~ feel 10 $lUd Comer No. 2 the point of beginnino.
THIRD PARCEL: I ~ '
AD properly, estate. rillf1t and interest in !he land and roo! p~ rtoaI is siIusIe the unfinished ceiling
sea Iev9l elevation 7931'.66 feet. and being wilhin lite following:
! I
~nning at Comer Nols of Tract 1 as set for1I1 in Deed recorded Sep12mber 14, '1 iin Book 222 at Page
thence S 62"00' E 2G,~ feel:
thence N 27"57 E 19.8!lleel;
thence N 61"44' W 111.7Ilfeet;
!hence S 27"44' W 3.61 \feet;
lhef\oe N 61 "31' W 1 o.!lS feel; ~
lIlenc:a S 27"53' W 1~ feel to COmer No. 4 of sa>> Tract 1 (which is lhe point of !ling of the FOUl1I\
Part.el imme<flalely t.ere;nbeI.' ow); .
thenca S 61"56' e 4.28 fFel;
lIlence S 27"45' W 2.61 r In said Comer No.3 tile point 01 beginning. .
FOURni PARCEl.:
AU property. eslate, rig~and inletest in the land and real propertylhat is si1IJale below the unlinishedoeiling
sea kwel elevation 1937 r7leel, ane! being within !he foDowing:
.
B. eginning at Comer No. 4 ~I.." rred Ill:
lhenCe N 27"53' E 19.34leet: l
thsnee N 6M6' W 1229 feet;
1hence S 2B"OO' W 26.25 feel;
\hence S 62"14' E 12.34 feet;
1hence N 27"53' E 6.92 feet 10 said Comer No. 41118 point of beginning.
lO,S70::t:.l~:;;t""1.ti
ri
,
JUL-'0S-02 10,48 FROM.. HOL~~.":l.I?~A.':~,.. .
\1-';'" I.. " L\! vii. '" I..'....
AND TOG€1liEfl WITH en easemll!ll fur inQrBs& and egress as set IoI1h in Pmal9
recorded May 10. 1966 in Book 220 at Page 306 -end as sllown on !he Map of Ti
recorded in Plat Book 5 at Page 82.
PARCEL 2:
pARCEL A:.
CONDOMINIUM UNIT 33,
TlPPt..E LODGe. aceording to 1he Plat r..conlCdAllril2. 1980 in PIal Book 9 at Page and further desaibed
and defined in OlndominiUlll Declaration lor TIpPIe Lodge recorded Apil2. 1980 in 385 at Page 883.
PARCEL B:
CONDOMINIUM UNITS 14. 21. 22.23.24 AND 25.
TlPPtE LOOGE, a<:cOIding III tile Plat recorded "priI2, 1980 in Plat Book 9 at Page 1: llnd furIher described
and defined in Condominium Oecfaralion fer Tipple Lodge recorded ApeS 2. 1980 in T': 385 at Page 863.
I .
PAACa~ I
CONDOMINIUMS UNIT 15, 31. 92, 34 AND 3&, ~
TIPPLE LOCGE. aceorping to me Plat recorded April 2. 1980 in PIal Book 9 at Page ,and fur1Iler described
and defmed in Condominium Deelaralion fur TIWIe Lodge recorded I\llIll 2, 1980 in ( 385 at Page 883.
,
\
1
i
1
1
i
~
\
,
JUL-0S-02 10.48 FROMoHOLLANDHART
JUri. il. lVVl \ I. JJnl'I I J.llun \,IV'" l' I ,
ll.1':;:t(~t:I;.::,,"~....~;.::>
, ~ , I. L.
A
,
~
SCHED'CLE B - SECTION 1
~
The following are \lI9111qUireme111s to bll compfled with:
ITEM (s) Paymentto or for 1Ile a.cco>Jl1t of lhe grantors 01' lllClltgagOlS of 1tle full . e:raliOn tor 1he
eslaIe or ~to be insured.
ITEM (b) Proper instnlm8l1l(s) creating ~ e$t:lI8 or inteIeSt to Il8 insured must eJ<eMEd and duly
liled for reconIlO-wit
I
1. Deed, exec:ulEd by 1he President' . or Vioo pJeSident or _designee authorized~by 1he Board of DireclDrs
of: MAlAYER INC. a COLORADO Corporatioil .
To : ASPEN LAND FUNO u.c. A COLORADO UNITED UABIUTY COMP
NOTE: Corpotate Seal or FacaimiJi& should be affixed. I
(As to Parcel 1)
2. Deed of Trust from : ASPEN LAND FUND u.c. A COLORADO UMITEO UAllI
10 !he Public TIUSle& of me eounty of Pm<1N
lor \tie use 01 : "THE lENDER TO BE INSUREO HeREUNDER
to S8CUI1l : $5,500,000.00
COMPANY
5. Evldenc>> ;afisiactory to lIle COtnp<vlY \hat 1he Dedara1ion of Sale. Notice to
by !i.B. 128El1laS been complied with. (This instrumanl is not reouired 10 be rea>
deliwred to and IelainBd by the Assessors 0Ifice in 1f1e County in whi=h \tie pr
6. Complelion of FQlIll OR 1079 regarding \tie wi1holding of Colorado Tax on the
corporations and lirms selling Real Property in lIle S1aIe of Colorado. (llIis j
be recotdbd)
~equired to be
3. EvidenCe salisfaclorYto the CompaI'IY 1haI1Il8 Real Es1a1e Transfer Tax as
20 (Series of 1979) and Ordinance No. 13 (Series of 1990) has been paid or exe
4.. CeI1ificale 01 nontoreign status execu\9d by the transiero<(s). (This instnJrn8IlI is
recor\lGdl
Assessor as required
. but must be
is siIuaIed)
Ill' certain persons.
'I is not nequired to
I
\
\
\
\
\
I
JUL-08-02 10,49 FROH,HOLLANDHART
lU;~'("'~~O':;;f"'L:::'
r"'
l'
SC:HED'ULE B SECTION 2
I!XCEP1.'IONS
The pcIk:y or policies to be issued will contain e>a:eplionl; 10 the fOllOWing unless llle
the satisfaction olthe Company:
1. Rights ()r claims of panies in l>>S! .-.;on not shown by the public t\!CXlI'ds.
2. Easemems. Qr claims al easements. not showll by the ptJblic reQQrds.
3. Discrepanc:ies, conI\iclS in boIlndalY rIlleS,. sIlorliIge in area, enaoachmenta.
$UIWV and inspeG~, ..l of the p1&lhlse$ would disclose and wIich IlI8 /lOt shQwn
4. My lien, or right to a lien. fer seMces, labor. 0( m<lterial heretalole or IJer8alIar
and not sI10wn by the public reconlS.
5. OelecIs, liens, encumblanc:!ls. adver.;e claims or other malIeIS, if any, creaIe(I.
recorOs or atlaChing Sllbllllquenl 10 the eIfec1ive date he,eof but PJiorto the _
acquim of II!COl'd for vaIu8 the estate 0( inIBr8sl 0/' mol1gl:lge thereaft covered
6. Taxes due and payable; and any laX, special a.ssessment. chiirge or lien im
service or for any other speciall3Xlng disIricl
7. ReB8lV3Iions and exceptions as set forth in 1he Uniled SlaI8s Palef1t rllCOrded
175 at Page 298.
8. Mineral reservations as cootained in instrUment recorded May 13, 1958 in Book 84 at Page 7.
e arv disposed of 10
lacIs whicb a. correct
me public 1llCOI'll$.
'.llell, imposed by law
appearing in the public
i;ltOl)Osed insuIed
this COrnmilment.
lOl'walllr or sewer
;t 26. 1949 in Book
g, Those terms, condiIions, provisions, obligations. ease.men1s, rllS'll'iCliOnS. a5Sessll\ents and all mailers as
set fOr1Il in Prolecliv& Coverants for llpple Woods SUbclMsion recorded in Book$' at Page 236,
Amended by instruments I1ilCCltded In Book 188 at Page 123, Book 213 at Page 3lr14 BoOk 259 at Page
245. deleting therefrom any restrictions indil;ajing any ptefwence, Iimilalion or' .rnina1ion based on
race, COlor; rer.gion, sex, llandicap, familia! status, or national origin. I" .
1 O. Terms. cond'llions. pravisions and oIlligalions auellOl1h in Release and Graot nb.-ded May 19. 1965 in
Book 213 at Page 40 and Amendmentlhereto recorded November 11. 1971 In +;!59 at Page 232. I
11. MalIer5 disclosed on Conlml PIarlIor Tipple Inn Propady .eco.ded May 10,1968 n !look 220 at page 296.
12. Private access road eaaament described in instrvmera recorded May 10, 1968 in ok 220 atPaoe 306.
13. Party and common wan d9clalalion agreement ~ded May 10, 1966 in Book at Page 31 0.
14. Terms, conditions, PI'O\Iisilllls. obligations and aU mailers as set forl!l in Resol .
and Zoning CoITlmiSsion reeorded April 10. 1998<1s RecoPlion No.41547:l as Ae
15. Tetms, condilioM. provisions and QbIigaIionS as set 10rth in Subclivision Agleame lorTlppler
Townhomes SubdiVision reQQrded Novemb8r 25. 1998 as Reception No, 424875.
16. Terms, conditions. proWlions, oIlIigations and all mailers as set forth in
Commissioner,; recorded March 17. 1999 as ReoepIion NO. 42B886 as R
(If !he 80ard al County
NCl.96-74.
(Continued)
I
i
I
I
!
I
I
JUL-08-02 10:49 FROM:HOLLANOHART
JVI'f,LI,,(UUl 11.1't"'" Illf\.I.I' "VV''''
]D:S?IO~~~:i::f"ll~
'1'1..1..
A
.- "~
.
1':
S\...t1WULE B S'EcrION 1
1:XCEl'llONS - (c-li:Ime<l)
17. easements. rignls of way and aD maIIfjIS as diSClosed on Pla18 of subjeet PfOllllrty
at Page 250 and Plat recoided November 25, 1996 in Pial Book 48 at page 3-
./(EXCEPTlONS NUMBEREJ:l7 THRU 17 ABOVE AFFeCT PARCEl. 1l
18. Mineral RigIltS and right of 1he proprietor of a win or lode \0 81:1ract or retOOYe his
same be iound \0 penetrat& or inter.:eCt 1he ~mis88 nereIly granted as reserved in
recorded August 26, 1940 in Book 175 at Page 298. .
19. AU interest in all oil, gas and o1her mineral rights. as re5QMld ~ Spar Consolida\e(t ~ Cornparl1 in !he
Deed \0 Kenneth NeB. Moore and Bmty Moore. recorded JaI1IIlIIY 28, 1 !!1ST In Book 78 31: Page 541.
ed in Oi\dl Book 2A
..
20. Tho6B wms. cordi1ions. ~. obIigalions, BasemenI5. .o$1liC'.1ionS. and aD malll:rs as set
lD<1h in p,oleClive Covenants for An1hony Af;.teS $ubdMslon ~ April21~ 1959 llook 1 ~ at Page 238.
Agl89tn8t1t recorded July 13, 1959 in Book 188 at Page 123. ~nt of and R&:,...lt.ment of
ProlecliveCovenants~. May 19,1005in Book 213 at Page 20 and A9f88 mef Second Amendn,ent
and Rert....ment of PI'OIDCliVe Cove/lMIS recorded Nove:nber 11, 1!JT1 in Book 259 !':age 245.
21. Terms, c;ondilions and obligations as set forth in ReleaSe and Grant recorded May I 1965 in Book 213 at
Page 40 and Amendment of ReleaSe and Gran! recorded Novembef 11, 1971 in Boo 259 at Page 232.
22. Term&. COnditions, pl\lYiSiOllS and obligations asset forth in Private N:;f:N;S Road
1966 in Book 220 at Page 306.
23. Terms. conditions, provisions and obfGaIlons as set forth in Party and Common W
recorded May 10, 1966 in Book 220 at Page 310.
24. Terms. c:onditioM. provisions and obfJgalions as set for1ll in Deed ",,-dl>d
at Page 520.
25. Easements, rigl1lS of way and aD maIIIl<S as disclosed on Pial ol subject property
()ilch Book 2A at Page 250 and TtppIe Lodge c<lndoll1inium l'lat recorded April 2, 1
22. .
lI'lent recorded May 10,
'14. 1966 in Book 222
March 23, 1959 in
in Plat Book 9 at Page
26. Term:;. conditions, pro'Iisions, obligalion$, easements. l~ll;..liul ,s and asseSs;nenIssellorth in the
Condominium Declaration for Tipple Lodge f<lCOfded April 2, 1980 in 900Ic 38S at P 883, deIeIing lh~e1lOl'l1
any re$1riCIionS indic:aling prvIenlnee. limitation Dr discrimilliltion based on race, color n:ligion. sex. handicap.
familial slatllS Of national origin.
tCom:o!.:ed)
\
I
i
I
I
1
JUL-08-02 10:49 FROM:HOLLANDHART
10;9709259415
I
N
'D
SCHEDULE B SECTION 2
fXCEPTlONS- (CODDnued)
Zl. TelI'llS, condilicns, ~ obIigalion$llI'ld aD matletSa5 setfortb in ~
recolded OcIDber 29. 1979 in Book 378 at Page 294.
lSXCEPTlONSNUMBERED 'STHRU 27 ABOVE AFFECt' pARCELl!)
lion AgreemeIlI
t"'Aulo.
r, .10(.0
.'if-
I
s
EXHIBIT
~
.
l'
I}
Ru~ 14 02 01:32p
Va~~ Rssociates,LLC
t9701 920-9310
August 14, 2002
HAND DELIVERED
Ms. Joyce Ohlson, Deputy Director
Community Development Deparanent
130 South Galena Street
Aspen, Colorado 81611
Re: Permission to Represent
Dear Ms. Ohlson:
Please consider this letter authorization for Sunny Yann of Yann Associares, LLC.
PIBlming Consultants to represent Aspen Land Fund, LLC in the processing or om
application to redevelOp rho Tipple Lodge property which is located at 530 South Galena
Street in rhe City of Aspen. Mr. Yann is hereby aurhori:red to act on our behalf with re-
spect to all matters reasonably pertaining to the aforementioned application.
Should )'ou have any questiollS, or if we can be of any furrher assistance, please do nol
hesitate to call.
Yours t!\uy,
ASPEN LAND FUND, LLC, a
Colorado limited liability company
By: CW A Development, LLC, a
Colorado limited liability contpany,
MlInager ~ ~
By: WestPac Investments, LLC. a
Colorado limited liability COIJItIany
'-- - ~a~ 'smith, Manager
,,1bu>\QIy .Iu'>ltt44202.jo \
C'c:U?V\ ....1
0t~60e6~6t6 01 00tS SSe e09
to S>l33l'1 ll:;:)SI<ltIW <I: 01':60 e00C: St fJf1\j
-r"" N
ASPENIl. ".aN COMMUNITY DEVELOPl'>dNT DEPAR 1
I, ,y' . . . "';J" ....,-, , ' -"'," ,"
EXHIBIT
I
4
Agreement for Payment of City of Aspen Development Applications Fees
(Please Print Clearly)
CITY OF ASPEN (hereinafter CITY) and 4" ~ 61,,</,/';1 ~/.3 L /C
(hereinafter APPLICAl"lT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for ~~/d /
)')~~ ~~/C'A/ (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 43 (Series of 1996)
establishes a 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 to allow
APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be
billed to APPLICAl"lT on a monthlv basis. APPLICAl"lT agrees he will be benefited bv retaining
~ .......-
great 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 APPLI CA.c"lTS application.
4. CITY and APPLICA.c"lT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to
enable the Planning Commission and/or City Council to make legally required findings for project
approval, unless current billings are paid in full prior to decision.
5. Therefore, APPLIC."u'lT agrees that in consideration of the City's waiver of its right to
collect full fees prior to a determination of application completeness, APPLIC"u'lT shall pay an
initial deposit in the amount of~Z~ -which is for C;; hours of Planning 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. 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.
CITY OF ASPEN APPLICMIT C1tO~'s' ~~\J'O-tD.p)11
~-~ ~ -" Si_ A-
ie Ann Woods' Date: ~ e.-
Printed Name:
Community Development Mailing Address: () 2..~ e:. B~;:. >:::-IN 5
Acting Director f.:.E:"'il~ Q 0
City of Aspen ~ lb l {
IX.MOUNTAIN ASSOCIATES LTD
BOX 1709
~EN, CO 81612
KER HUGH LEE JR
5 E DURANT AVE STE 2K
,PEN, CO 81611
CKERS EVERETT E
,20 OLD HILL RD
.OYDS KNOBS, IN 47119
C1.IGHT PARTNERS LLC
lO PLAZA ONE SHELL SQUARE
f9N ORLEANS, LA 70139
:ARELLA RICHARD J & JOAN
18 MILL CREEK RD
,LADWYNE, PA 19035
~OOBAC SANDRA L TRUST #1 25%
1-468 JUNIPER DR
<EWADIN, MI 49648
CRAWFORD JACK B
PO BOX U3
ASPEN, CO 81612
DRAKE NANCY W
C/O GLAUBERMAN
9 E 40TH ST, 7TH FLOOR
NEW YORK, NY 10016-0402
E W PROPERTIES LLC
C/O B MASON TIM-CREF
211 N BROADWAY STE 1000
ST LOUIS, MO 63102
FLAGSTAD DANIEL G & MARY J
715 E SCRANTON AVE
LAKE BLUFF,IL 60044
(""I,
!..DERMANEVAN R 1/2
4999 S BIRCH ST
LITTLETON, CO 80121
BAUER RACHAEL ANN
521 E COOPER AVE
ASPEN, CO 81611
BOURQUARD RICHARD E
2492 E TERRARIDGE DR
HIGHLANDS RANCH, CO 80126
BRONSON PHYLLIS
PO BOX 11389
ASPEN. CO 81612
COLONY RAYMOND F & ANITA L
631 VIA DE SUENOS
GREEN VALLEY, AZ 85614
COOPER JOHN A JR 50%
1801 FOREST HILLS BLVD
BELLA VISTA, AR 72714
DALY THOMAS J & JUDITH J
1590 HOMESTAKE OR
ASPEN, CO 81611
DURANT-GALENA CO
PO BOX 1709
ASPEN, CO 81612
ESTABROOKS FAMILY TRUST
37 EMERALD BAY
LAGUNA BEACH, CA 92651
FRAZIER JAMES M & RUBY JANE
624 E BLACKWELL AVE
BLACKWELL, OK 74631
~
'1
EXHIBIT
~
, ASPEN SKIING Co I
PO BOX 1248
ASPEN, CO 81612
BEAN ROBERT B
HILLTOP RD WILSON POINT
NORWALK, CT 06854
BHIGHT CONDOS
A LOUISIANA GENERAL PARTNERSHIP
300 PLAZA ONE SHELL SQUARE
NEW ORLEANS, LA 70139
BURGESS HUBERT & JO ANNE LIVING
TRUST
7138 MEADOWCREEK DR
DALLAS, TX 75254-2715
COLORADO RESORT PROPERTY
GENERAL PARTNERSHIP
10218 ELLA LEE LN
HOUSTON, TX 77042
COULOUR VENTURES LLC
CIO EDGAR BRIGHT III
701 POYDRAS ST STE 300 PLAZA
NEW ORLEANS, LA 70139
DAVIDSON STUART C & SALLY F
3415 VOLTA PLACE NW
WASHINGTON, DC 20007
DURWARD SUSAN & QUENTIN
1383 FOX RIDGE TR
SIOUX CITY, IA 51104
FALENDER STEVEN M
712 S GALENA ST
ASPEN, CO 81611
GALENA PLACE LLC
2664 HUTTON DR
BEVERLY HILLS, CA 90210
.
iAME JAMES A & MICHAELA
'0.BOX451
'ALlSADE, CO 81526
,RAND ASPEN lODGING llC
000 S Mill ST
,SPEN, CO 81611-3800
;URTNER THOMAS & NANCY
:0 TRUSTEES
'47 S GALENA
,SPEN, CO 81611
iERSHORN PETER
;55 E DURANT AVE
ISPEN, CO 81611
IACOBY ENTERRPRISES INC
^lYOMING CORPORATION
'11 CENTER ST STE 2500
JTTlE ROCK, AR 72201
(OVAL BARBARA TRUST
(OVAL BARBARA AS TRUSTEE
,55 E DURANT CIO NORTH OF NEll
ISPEN, CO 81611
(RIBS KAREN REVOCABLE LIVING
rRUST
'0 BOX 9994
,SPEN, CO 81612
JTTlE NEll HOTEL
,SPEN SKIING CO
375 E DURANT
,SPEN, CO 81611
\1 & M INVESTMENTS
\1AYER CHARLES CIO
379 BRUSH CREEK RD
,SPEN, CO 81611
MITTLEMAN DAVID
2735 MEADOWLARK lN
WEST PALM BEACH, Fl 33409
(]ERMANdWIRVING
13 TOBEYWdOClS
PITTSFORCl, NY 14534
GRENKO PROPERTIES lTD
PO BOX 1120
CARBONDALE, CO 81623
GUSSEl JOHN THOMAS
PO BOX 447
WISCONSIN DEllS, WI 53965
HYMAN BARBARA l
150 BRADLEY Pl #405
PALM BEACH, Fl 33480
JFG LIMITED PARTNERSHIP
A COLORADO LIMITED PARTNERSHIP
44125 E HWY 82
ASPEN, CO 81611
KRAJIAN RON N
2700 NEWPORT BLVD #222
NEWPORT, CA 92663
KUYFAR & CO A COLORADO GENRAl
PATNERSHIP
604 LIBERTY ST UNIT 311
PElLA,IA 50219-1777
LIVINGSTON DAVID
MYRIAD INVESTMENTS INC
1003 PARCHEMENT DR S E
GRAND RAPIDS, MI 49506
MANDELBAUM MERVYN & JEANETTE
TRUSTEES
1735 S SANTA FE AVE
lOS ANGELES, CA 90021
MONKARSH JERROLD D & JOYCE
TRUSTEES
9061 SANTA MONICA BLVD
LOS ANGELES, CA 90069
t)
GOODWIN WilLIAM
604 lOCUST ST STE 212
DES MOINES, IA 50309
GROSSE EDWIN J & ADELINE M REV
TRUST
100 EAST BLEEKER
ASPEN, CO 81611
HENN PRESTON B & BETTY D
3501 W SUNRISE BLVD
FT LAUDERDALE, Fl 33311
IMMO SASSAFRAS INC
CIO ROBERT ANDERSON
:1290 NORTHSIDE PKWY NW #225
ATLANTA, GA 30327
fClRSCHENBAUM DAVID TRUSTEE
CIO NORTH OF NEll CONDOMINIUMS
555 E DURANT AVE
ASPEN, CO 81611
I<RAJIAN RONALD N
El17 E COOPER AVE#114
ASPEN, CO 81611
lARSON KARL G & M MADELEINE
1'0 BOX 8207
ASPEN, CO 81612
WNG GODFREY M JR
'7755 ANNESDAlE DR
CINCINNATI,OH 45243
MillER lELAND l
11575 FOLSOM PT lN
FRANKTOWN, CO 80116
MOORE PHILIP B & KATHLEEN
747 S GALENA ST
ASPEN, CO 81El11
AYLOR IRVIN S
D0'i30XWOOD LN
ORK,PA 17402
ORTON PATRICK J JR
07 SPRING VALLEY DR
ALEIGH, NC 27609
EDERSON JOSEPH G
ASTIL DEAN D
0500W SILVER SPRING DR
IILWAUKEE, WI 53225
:ESNICK EDITH L TRUSTEE
245 CAMEO LAKE CT
LOOMFIELD HILLS, MI 48302-1605
APER JORDAN
:10 WALTER BORTNICHAK
4 SALZBURG
IEWPORT BEACH, CA 92660
:EGUIN MIKE A
'0 BOX 1914
$PEN, CO 81612
;ILVER CIRCLE RINK LLC
~E RINK
000 S MILL ST
,SPEN, CO 81611-3800
'AUBER REAL ESTATE LLC
:7777 FRANKLIN RD STE 1850
;OUTHFIELD, MI 48034
.ULlPANI FAMILY TRUST
'47 S GALENA ST #201A
\SPEN, CO 81611-1872
IVEATHERBY LIVING TRUST
~IO WEATHERBY
;55 E DURANT AVE #3B
\SPEN, CO 81611
r;~ LLC
1978 N LOCKWOOD
CHICAGO, IL 60641
OWEN RICHARD W FAMILY TRUST
11200 LUXMANOR RD
ROCKVILLE, MD 20852
PHILLIPS STEVEN J
8081 COBBLESTONE RD
URBAN DALE, IA 50322
RUTHERFORD GROUP
5514 CALUMET AVE
LA JOLLA, CA 92037
SASSAFRAS IMMO INC
CIO ROBERT ANDERSON CONSULTING
LLC
3290 NORTHSIDE PKWY NW #225
ATLANTA, GA 30327
SHAPIRO EUGENE B & MARLENE R
6301 E NAUMANN DR
PARADISE VALLEY, AZ 85253
SLOANE A RICHARD & CAROLYN J
124 RIGHTERS MILL RD
GLADWYNE,PA 19035
TICONDEROGA COMPANY
3108 COVINGTON LAKE DR
FTWAYNE, IN 46804
VAN METER FAMILY LIVING TRUST
CIO WESTERN LABORATORIES MEDICAL
GROUP
ATTN SHARON H VAN METER 2945
WEBSTER ST
OAKLAND, CA 94609-3406
WEINGLASS LEONARD
PO BOX 11509
ASPEN, CO 81612
!"'\
NORTH OF NELL CONDO ASSOC
5!;5 E DURANT AVE
ASPEN, CO 81611
PATTERSON L S & F E TRUST 60%
SCHNEIDER C A PATTERSON 40%
580 CEMETERY LN
ASPEN, CO 81611
PUCHY SHIRLEY
CIO NORTH OF NELL
555 E DURANT
ASPEN, CO 81611
SALTON MARY
221 VALLEY RD
ITHACA, NY 14850
SCHERER STEPHEN M
169 SHORECLlFF RD
NEWPORT BEACH, CA 92625
SHERWIN GREG
f> 0 BOX 4262
EIOULDER, CO 80306
STENEMAN MARY JANE & ROBERT
1,70 WILDHURST RD
TONKA BAY, MN 55331
TIPPLE INN #12 LLC
GARY JACOBS
POBOX 59 - ATTN: ADELlNA GUZMAN
LAREDO, TX 78042-0059
WATSON MARCIA J
1'0 BOX 3412
I\SPEN, CO 81612
WERNER STEFANIA I' TRUST
9555 LADUE RD
8T LOUIS, MO 63124
,
/ESTPAC ASPEN INVESTMENTS LLC
38ci SANTA BARBARA ST STE F
AN LUIS OBISPO, CA 92401
EFF ELEANOR E & ROBERT H
55 E DURANT AVE
SPEN, CO 81611
/ESTPAC ASPEN INVESTMENTS LLC
880 SANTA BARBARA ST STE F
AN LUIS OBISPO, CA 92401
EFF ELEANOR E & ROBERT H
55 E DURANT AVE
SPEN, CO 81611
nNE RICHARD A
65 E INDIA ROW #29D
BOSTON, MA 02110
ZODIAC PROPERTIES LIMITED
C/O ASPEN LODGING COMPY
747 S GALENA ST
ASPEN, CO 81611
WINE RICHARD A
65 E INDIA .ROW #29D
BOSTON, MA 02110
ZODIAC PROPERTIES LIMITED
C/O ASPEN LODGING COMPY
747 S GALENA ST
ASPEN, CO 81611
()
i'
WITZ EUGENE
NORTH OF NELL CONDO ASSOC C/O
5(;5 E DURANT
ASPEN, CO 81611
WITZ EUGENE
NORTH OF NELL CONDO ASSOC C/O
5:;5 E DURANT
ASPEN, CO 81611
o
~
EXHIBIT
I
C:>
ORDINAl~CE No.6
(SERIES OF 1998)
Al~ ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A GMQS EXEMPTION
AND SUBDIVISION APPROVAL, AND VESTED PROPERTY RIGHTS FOR THE
TIPPLER TOWNHOMES, 535 DEAN STREET, A PARCEL OF LAND SITUATED IN
LOTS L, M, Al'lD N, BLOCK 97, ASPEN TOWNSITE, LOT 1, TIPPLE WOODS
SUBDIVISION AND LOT 2, GANNON'S ENTRY IN THE NW 1/4 OF SECTION 18,
TOWNSHIP 10 S.,R. 84 W., OF THE 6TH P.M., CITY OF ASPEN, COUNTY OF PITKIN,
STATE OF COLORADO.
WHEREAS, The Community Development Department received an application from the Kettle
Corporation (hereafter "Applicant"), for a GMQS Exemption, Subdivision, and Vested Property Rights
status approval; and,
WHEREAS, said application also included requests for four (4) Metro Area Residential Growth
Management Quota System Allocations, and Special Review of Affordable Housing Off-Street Parking
Requirements; and
WHEREAS, pursuant to Section 26.88.040 of the Aspen Municipal Code, the Planning and
Zoning Commission shall make a recommendation to the City Council regarding requests for
Subdivision approval; and,
WHEREAS, City Council Resolution 16, Series of 1998 approved the Growth Management
Commission's scoring ofthe Tippler Townhomes' Growth Management Quota System application and
awarded the project with four (4) metro area residential development allotments;
WHEREAS, pursuant to Section 26.88.040 of the Aspen Municipal Code, City Council shall
either approve, approve with conditions or deny requests for Subdivision approval; and,
WHEREAS, the Housing Office, City Engineering, Parks Department, Aspen Consolidated
Sanitation District, Environmental Health Department and Community Development Department
reviewed the proposals and recommended approval of each with conditions; and,
WHEREAS, the above referenced application was legally noticed for a public hearing; and,
WHEREAS, upon review and consideration of the application, agency and public comment
thereon, and those applicable standards as contained in Chapter 26 of the Aspen Municipal Code, to wit,
Section 26.88.040 (Subdivision Approval), during a public hearing on March 17, 1998, the Planning and
Zoning Commission recommended approval of the Subdivision application; and
WHEREAS, pursuant to Resolution 98--1:.., the Planning and Zoning Commission further
granted Special Review approval.of the proposed parking plan for the affordable housing units; and
WHEREAS, the Aspen City Council has reviewed and considered the Tippler Townhomes
application under the applicable provisions of the Municipal Code as identifie:d herein, has reviewed and
considered those recommendations and approvals as granted by the Planning and Zoning Commission in
Resolution 98---, and has taken and considered public comment at a public hearing; and
\
~
r ,"]
(1
Ordinance No.6, Series of 1998
Page 2
WHEREAS, the City Council finds that the proposal complies with th,: requirements for
granting a GMQS Exemption for the four (4) proposed affordable housing units pursuant to Section
26.1 00.050(C)(3)(b) of the Aspen Municipal Code; and,
WHEREAS, the City Council finds the Tippler Townhomes application to be consistent with the
minimum requirements and review standards for Subdivision approval pursuant to Section 26.88.040 of
the Aspen Municipal Code provided the stipulated conditions of approval are met.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY. COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1 :
Pursuant to Section 26.100.050(C)(3)(b) of the Aspen Municipal Code, the four (4) proposed affordable
housing units of the Tippler Townhomes application are hereby granted an exemption from GMQS Scoring
and Competition Procedures. These exempt units shall, however, be deduc:ted from the "Affordable
Housing" pool of annual development allotments established pursuant to Section 26.1 00.040 and from the
metro area development ceilings established pursuant to Section 26.100.030.
Section 2:
The Tippler Townhomes application for Subdivision is hereby approved with the following conditions:
1. Prior to the issuance of any building permits, the applicant shall provide the Environmental
Health Department with: (a) documentation indicating that the Aspen Consolidated Sanitation
District (ACSD) is capable of serving the development; (b) a letter of agreement from the City of
Aspen Water Department indicating that they will serve the development; (c) a fireplace/woodstove
permit; (d) a fugitive dust and erosion control plan which includes, but is not limited to fencing,
watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud
that has been carried out, speed limits, or other measures necessary to pre:vent windblown dust from
crossing the property line or causing a nuisance; (e) documentation indicating that a qualified
Engineering firm has reviewed the parking structure's ventilation system and found that it is
adequate to prevent carbon monoxide from reaching high levels inside the facility or in the nearby
areas outside of it; and, (f) documentation indicating that the Colorado Department of Health has
reviewed and approved the proposed parking structure ventilation system.
During construction, noise shall not exceed maximum permissible sound level standards, and
construction shall not occur between the hours of 6 p.m. and 7 a.m.
Prior to the issuance of building permits, the proposed above-ground and underground parking
arrangements shall be reviewed by the City Engineering Department, and revised as necessary to
provide sufficient space (turning radii) to maneuver into and out of the parking spaces.
Prior to the issuance of building permits, the applicant shall provide the City Engineering
Department with an acceptable plan/location for delivery and service vehicle access and parking.
Prior to the issuance of building permits, the applicant shall demonstrate to the City Water
Department's satisfaction how the subject property presently receives water service in order to plan
the service to the new development while maintaining service to the neighboring buildings.
2.
,
~.
4.
5.
f""'1
(J
\~._j
Ordinance No.6, Series of 1998
Page 3
6. A dedicated mechanical space large enough for backflow prevention valves, individual water
metering and valving for each of the proposed eight (8) units, a landscaping/irrigation system, and
the fire sprinkler system is required; this space shall have separate access available to City Water
Department and Fire Department personnel and will not be obstructed by vehicle parking, other
equipment, or the need to pass through another room or space which could impede access by service
personnel.
7. Water service lines and sanitary sewer lines shall be improved to present day standards for the
existing structure in the event required by the City Engineer and for the newly constructed buildings.
8. The subdivision plat shall include explanatory notes fully describing the present status of the
easements encumbering the property including notes and recording citations for easements which
have been extinguished, abandoned or modified; the abutting subdivisions and lots will also' be
. shown on the subdivision plat as required by the Municipal Code.
9. As determined to be necessary by the City Engineer, the existing sidewalks, curbs and gutters
will be repaired or replaced prior to the issuance of an Certificates of Occupancy; any improvements
or areas disturbed during construction will be restored to preconstruction c:ondition or better; and,
the existing light and sign post at the south side of the driveway onto South Galena Street will be
removed.
10. The applicant shall dedicate Tract 3, a non-contiguous and undevelopable parcel fronting on S.
Galena Street, triangular in shape and containing approximately 82 square feet, to the City as part of
the subdivision dedications.
11. The site development must meet the runoff design standards of the Land Use Code at Section
26.88.040(C)(4)(f), and the building permit application must include a drainage mitigation plan (full
size - 24" x 36") and report, both signed and stamped by an engineer registered in the State of
Colorado; the plan shall identify solutions acceptable to the City Engineer to mitigate the site-
generated drainage flows; said drainage plan will also need to address the Gonveyance of the off-site
drainage flows which may pass through the site from the base of the Aspen Mountain ski area on the
eastern side and southeast comer of the property.
12. The property owner is required to join any future improvement districts formed for the purpose
of constructing public improvements which benefit the property under an assessment fonnula; the
agreement shall be executed and recorded concurrently with the recording of the subdivision plat.
13. Prior to the issuance of any Certificates of Occupancy, the building permit applicant will be
. required to submit to the Aspen/Pitkin County Information Systems Department as-built drawings
for the project, showing the property lines, building footprint, easements, encroachments, entry
points for utilities entering the property boundaries and any other improvements; these drawings
shall be provided in accordance with City GIS requirements.
14. If the proposed use, density or timing of the construction of the project change, or the site,
parking or utility plans for this project change subsequent to this approval, a complete set of the
revised plans shall be provided to the Engineering and Community Development Departments for
review and re-evaluation. .
15. Prior to the issuance of building permits, the developer shall submit a traffic and parking plan
acceptable to the City Engineer, Parking and Transportation Departments, Streets Department, and
Utilities Department. The plan shall describe traffic detouring, parking, and staging areas for the
several stages of construction of the project. The developer shall be required to rent on-street
parking spaces if, due to the construction activities, any such spaces will be temporarily impacted or
unusable for public parking. These plans and permits will also need to be coordinated with the
Rights-of-Way permit for the utility and street frontage work.
16. In the event required, the applicant must receive approval from:
.
r-..
1""'\
:f
Ordinance No.6, Series of 1998
Page 4
. The City Engineer for design of improvements, including landscaping, within public rights-
of-way;
. The Parks Department for vegetation species, tree removal, and/or public trail disturbances;
. The Streets Department for mailboxes and street cuts; and,
. The Community Development Department to obtain permits for any work or development,
including landscaping, within the public rights-of-way.
17. Prior to obtaining a building or demolition permit, the applicant must have the existing building
tested for asbestos, and if any is present, it must be removed by a licensed asbestos abatement firm.
It is recommended that testing be done well ahead of time so that, if removal is required, delays will
not be experienced.
18. In the event required, a tree removal permit must be obtained from the Parks Department for any
tree(s) that is/are to be removed or relocated; also, no excavation can occur within the dripline of the
tree(s) to be preserved and no storage offill material can occur within this/these dripline(s).
19. Down-directional, sharp cut-off fixtures shall be used for screening of all outdoor lighting
sources, and those fixtures set along walkways will be set at no more than twelve (12) inches above
finished grade.
20. Prior to and on a proportional basis to the issuance of any building permits for the residential
units, the applicant shall pay a cash fee in lieu of School Land Dedication to the City of Aspen.
21. The proposed plans for the common sanitary sewer service line to the development will need to
be reviewed by the Aspen Consolidated Sanitation District line superintendent prior to building
permit issuance; the subgrade parking area will be required to have a District-approved oil and sand
separator installed; a shared service line agreement will need to be completed and approved by the
ACSD Board; no clear water connections will be allowed to the public system; the flows collected
by the trench drain to be installed in the driveway must be directed into the drywell or storm water
drainage system rather than the sanitary sewer system.
22. Staff of the AspenlPitkin County Housing Authority shall be permitted to visit and inspect the
affordable housing units prior to the issuance of the Certificates of Occupancy.
23. Deed restrictions on the affordable units shall be recorded prior to building permit issuance.
24. The applicant will make the required Park Dedication Impact Fee payment, as determined by the
City Zoning Officer, prior to the issuance of a building; permit for the project
25. The applicant shall submit to the Community Development Department, all materials required to
carry out a review of the proposed architecture against the Residential Design Standards in place at
such time as the submittal is received.
26. All material representations made by the applicant in this application and during public hearings
shall be adhered to and shall be considered conditions of approval, unless otherwise amended by a
Board/Commission having authority to do so.
Section 3:
Pursuant to Section 26.52.080 of the Aspen Municipal Code and C.R.S. 24-68-104(2), City Council does
hereby grant the applicant Vested Property Rights status for the site specific development plan for the
Tippler Townhomes at 535 Dean Street as approved by Ordinance Number 6, Series of 1998, for a period of
three (3) years from the date said Ordinance is signed with the following conditions:
I. The rights granted by this site specific development plan shall remain vested for a period of three (3)
years from the effective date hereof. However, any failure to abide by any of the terms and conditions
attendant to' this approval shall result in forfeiture of said. vested property rights. Failure to properly
record all plats and agreements required to be recorded by the Municipal Code shall also result in
forfeiture of said vested property rights.
.
--......~,
-.
.
1"-"
f)
Ordinance No.6, Series of 1998
Page 5
2. The approval granted hereby shall be subject to all rights of referendum and judicial review; except that
the period of time permitted by law for the exercise of such rights shall not begin to run until the date of
publication provided for in Section 26.52.080(D)
3. Zoning that is not part of the site specific development plan approved her<~by shall not result in the
creation of a vested property right.
4. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan
from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations
or ordinances of the City provided that such reviews or approvals are not inconsistent with the
approvals granted and vested herein.
5. The establishment herein of a vested property right shall not preclude the application of ordinances or
regulations which are general in nature and are applicable to all property subject to land use regulation
by the City of Aspen including, but not limited to, building, fire, plumbing" electrical and mechanical
codes. In this regard, as a condition of this site development approval, the developer shall abide by any
and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is
granted in writing.
Section 3:
Pursuant to Section 26.5i.080(D) ofthe Municipal Code, the City Clerk shall cause notice of this Ordinance
to be published in a newspaper of general circulation within the City of Aspen no later than fourteen (14)
days following final adoption hereof
Section 4:
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect
the validity of the remaining portions thereof
Section 5:
This Ordinance shall not affect any existing litigation and shall not operate as alll 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 6:
A public hearing on the Ordinance shall be held on the 13th day of April, 1998 at 5:00 P.M. in the City
Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public
.notice of the same shall be published once in a newspaper of general circulation within the City of Aspen.
INTROnUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the
City of Aspen on the 23rd day of March, 1998.
'-'\
h.
n
.
Ordinance No.6, Series of 1998
Page 6
r (.7~w.:A'
John ennett, Mayor
A TrEST:
y1&c
ch, City Clerk
APPROVED AS TO FORM:
a~ j/J/Ld:G
J ' rces, City Attorney
FINALLY, adopted, passed and approved this 2l2. day of JntJu ...-
o
,1998.
::;q'
( 3 .A-~"-- .
Joh
ATrEST:
c:\home\mitchh\council\tipplord.doc
.
~
()
,.
-
i
~ -
EXHIBIT
7'
~
~ .,
o ~!
~ -<1:
z "
OJ ..
~ tll
'"
<:
"\
t--:---
I 1
III
'"
I l" ' i
I j: !
I " ";
,I 'I
i
I' ,.
Ii !
'," I \
"' l
I "'
,~ '"
~-
, '"
/ '"
Ii
~ II
l6-- ~ ~
~O;;..~
IS,,___
~
1-
,"
Ii
\
1 '
"d ,. j 0
L \ It'~.'"""f
__,'''l,:. ~~ ~ ~--:
: __._~> .....,j;.,.~.'u.:~~.:'
1.~~Ul
~I' " , ~
~ ~ \
8 i '
.---
~
~3:3:lI~S
/
/
VN31VO
5- ,
"
"
-
[)
:z:: "
..I=t ~
g .Q
@ J
g;J
S3 g
.t
'"
"'"
~
~
~
=
@
02
5'
P"........~ Q
= .
~~
r-~ ~
=-
""=::7
!=;=J
i=:'=J
~~
..... -.
E5;:l
~i
""=::7
8
'-
i~
P'~"
=
~
A
~ z
F, :'i
I==lIL
P' ill
E=1~
mf
r..,
.t: '
1""\
'< ;1
[)
! ~ ~
" ~
~'lli >=l .
@ 3
~~! ~ ..
i~~ , El t
~ ~\' . ~
, g
i 5
,
~
~
g
@
."
".0 .
IU..J ~
P".......~ Q
= "
i=<=l ~
r:2; "
,=,.11
'=
I:T1
i=l
(2:~
..... :;
~i
,=,. ~
'=
~
~
i~ ~
P".......~ ([
=-,
~w
F\ fu
1==1-'
F\ W
~I!)
l==:J~
~<(
"- I!)
mI
tlJ
.
[il
181
;: i
t1
j
'"
~J
,
~
-'i
~
~
u'
~
,
~.
>
~~t
L
:t
S4
~
~ !
~ ~
~ [
El ~
"
=
""
"'"
<<il
~
~
""
"
=
ral
@~
P"__~ -;
= ~
~~
=
=
t:::;=1
t='=l
~
....
k?,.
Pi!'.
=
~i
"'- .l!
i"'i
I""~""l
=
~
FI
F'\f)
I=l~
~-'
0;::--' lL
mt
.
(111 I
I ~ J
ffi?J[lJ~
,-"
! ! l
Jj f
JD~!I
,
I
I ...
I",
I '"
/~ '"
/ ...
/
/
/
~
Z
."
'"
~ "
/ .....--
/
/
/.
~
--- --,
- , ,
___Jr/ i '
i
I
"--- ---'\
,
, ,
"\ i
, .
"
I
I
I
,
~-
---
\
I
/
,
)f
/
/
/
~aa>l~s VNH,VD
,//--.......,
c
IF
I
I
/
-----
)---
/
/
/
/"
/
',"
B
~ i
=
~ .3
Sl t
;g
"'"
-<il
.~
~
y
rti.l
@ ~
r~"'l Q
= "
'-
~ .
]
=
"'::7
~
f::::':::J
~ ~
..... l!:
~ j
=
"'::7
8
...
i~
r~"'l z
= <{
~ -'
lL
F, w
lL
<{
FI I,)
\fl
~ C\
8 z
<{
... -'
ill
.
C'
'\.. ..}
/
"~ D
u
I i1': l
tEl ~
""
! IZ1.l J
Ii'fl "
i El t
6
~ R Y
>' 5
~
,~ ~
0
z y
IZ1.l
~
~ I
~
~
I
~. ~
i2
'"
~
~ ~
~ ~
i i
I @
I
J III
I 11II
" ~ l
~ ~
.,1 ~'
; z
, 0
_! R
* ;;;
Ii ~
II ~
,I '
il
i ·
~
~
~
z
. 0
i ~
>-
i ~
1
~.
.d J
P".......""'\f Q
= "
~~
~---4 ~
=
'=
l=;=I
~
':;?!
~ ~
~l
=~
'=
p
E=J<f)
z
Q
pr-1 -
~!;:
P-~'l >
=w
-'
~W
A
=1
FJ
I==l
p
E=J
ill
.
-ft ~").,1/ "67 ')
~ ~-
SUBDIVISION AGREEMENT
FOR
TIPPLER TOWNHOMES SUBDIVISION
EXHIBIT
o~
f}~ 'd>$' - q t
~
i
8
lIDS SUBDMSION AGREElVIENT is made and entere4 into this 91fA. day of
A 1(/fl1llJc?r ,1998, by and between THE CITY OF ASPEN, COLORADO, a
municipal corporation (hereinafter referred to as the "City") and the KETTLE
CORPORATION, a Colorado corporation (hereinafter referred to as the "Owner").
WITNESSETH:
WHEREAS, Owner has submitted to the City for approval, execution and recordation a
Subdivision Plat (hereinafter referred to as the "Subdivision Plat") of a tract ofland situated
within the City of Aspen, Colorado at 535 Dean Street and more particularly described as Lots L,
M, and N, Block 97, Aspen Townsite; Lot 1, Tipple Woods Subdivision; and Lot 2, Gannon's
Entry in the N"W 1/4 of Section 18, Township 10 S., Range 84 W., of the 6th P.M., City of
Aspen, County of Pitkin, State of Colorado, said property being hereafter designated as the
"Tippler Townhomes Subdivision"; and
WHEREAS, pursuant to Resolution 98-06 of the ..<\spen Planning and Zoning
Commission, City Council Resolution 16 (Series of 1998), and City Council Ordinance No.6
(Series of 1998), the City has fully considered the Subdivision Plat, the proposed development
and improvement of the lands therein, and the effects of the proposed development and
improvement of said lands on other adjoining or neighboring properties and property owners; and
WHEREAS, under the provisions of Ordinance NO.6 (Series of 1998) adopted by the
City Council on May 26, 1998, the City approved the application of the Tippler Townhomes for
Subdivision and imposed certain conditions and requirements in connection with its approval of
the Subdivision and its execution and recordation of the Subdivision Plat, such matters being
necessary to protect, promote and enhance the public welfare; and
WHEREAS, the Owner is willing to acknowledge, accept, abide by and faithfully perform
the conditions and requirements imposed by the City in approving the Subdivision and Subdivision
Plat; and
WHEREAS, under the authority of Section 26.88.050 of the Aspen Municipal Code, the
City is entitled to assurance that the matters hereinafter agreed to will be faithfully performed by
the Owner.
NOW THEREFORE, for.and in consideration of the premises, the mumal covenants
herein contained' .,. - _____.._1 _~O~"';An onrl '"",,ntance of the Subdivision Plat for
recordation by tl "" ;::: u'~
ucc., ~S~~~~~2~ S-!
..."""" .... in j"", ,:"..' M' '-I).
~~f : !~--
~::~ ~.;~
':-: =: '-.... ~ !f!
:....: <= ; ~ ::;
~~
':T ;.:,....
'-' ::.:::: "~
::..::. ~ ~.;;:.
:-- l,.l.i t~
'-' - '""'"
:J... -...:, c::
~~~g
- ~
:...::.. ~-,', :::...:. ;~:.' J_
!"
::.:::: ~..:.::
~ .-;: ,:.;. :;;:~
~~~~
~
:..w
...... .
"
~ -
.
.
I)
A. Subdivision Improvements
1. Prior to issuance of the final Certificate of Occupancy for the residential units that the
Owner intends to build on the Tippler Townhomes Subdivision, the Owner shall and hereby
agrees to accomplish the following subdivision improvements:
(a) Repair and replace any and all paving and improvements on the existing Dean
Street right-of -way damaged by the installation of utilities and services to the. Tippler
Townhomes Subdivision.
(b) Remove the existing sign/lamppost for the Italian Caviar from the right-of-way
on Dean Street.
(c) Repair and replace any and all paving and improvements at the entry to the
Tippler Townhomes Subdivision off of South Galena Street damaged during the course of
construction.
(d) Repair and replace any damage done to existing public: improvements,
including sidewalks, curb and gutter, pavement, landscaping or existing utilities, during the course
of construction.
2. A construction schedule for the above-described improvements shall be submitted to
the City Engineering Department at the same time that the financial guarantee described in
Section B below is provided.
3. The Owner agrees to submit a detailed landscaping plan to the Community
Development and Parks Departments for review and approval prior to the issuance of a building
permit, and to complete the landscaping depicted thereon as promptly as possible following
completion of the above-described subdivision improvements, but in no event later than one (1)
year after the date of issuance of a Certificate of Occupancy for the residential units. The Owner
reserves the right to plant additional native vegetation within the Subdivision, as the Owner may
consider appropriate from time to time, without further approvals being required.
B. Financial Assurance
In order to ensure construction and install!lti(JIf pfthe s~bdi\,isi(Jn .al1d landscaping
improvements described in Section A above, and to" guarantee 100per~ent of the current
estimated cost of such subdivision improvements, and to guarantee 125 percent of the current
estimated cost of such landscaping improvements and of maintaining and replacing the same for a
period of two (2) years after installation, which estimated costs shall be submitted to the City
Engineer for review and approval prior to the issuance of a building pertnit, the Owner shall
provide to the City a financial guarantee in the form of a cash escro"" or an irrevocable sight draft
or letter of credit from a financially responsible lender. Said guarantee shall be delivered to the
2
-.,
,,.;
(")
\.;
City prior to the issuance of a building permit for the construction of townhomes in the
Subdivision, shall be in a form acceptable to the City Attorney and the City Manager, and shall
give the City the unconditional right, upon any default by the Owner, to withdraw funds as
necessary and upon demand to partially or fully complete and/or pay for any of such
improvements or pay any outstanding bills for work done thereon by any party, with any excess
guarantee amount to be applied first to additional administrative or legal costs associated with any
such default and the repair of any deterioration in improvements already constructed before the
unused remainder, if any, of such guarantee is released to the Owner. Provided, however, that the
Owner shall be given fourteen (14) days written notice of default prior to the City's ability to
make a call under the letter of credit or other guarantee.
As portions of the improvements required are completed, the City Engineer shall inspect
them, and upon approval and written acceptance, he shall authorize the release of the agreed
estimated cost for that portion of the improvements; provide, however, that ten percent (10%) of
the estimated cost shall be withheld until all proposed improvements are completed and approved
by the City Engineer, and with respect to landscaping improvements, an additional twenty-five
percent (25%) of the estimated cost thereof shall be retained until the landscaping improvements
have been maintained in a satisfactory condition for two (2) years.
It is the express understanding of the parties that the procedure set forth in Section D
below pertaining to the procedure for default and amendment of this Subdivision Agreement shall
not be required with respect to the enforcement and implementation of this financial assurance and
guarantee to be provided by the Owner as set forth above and required by Section 26.88.050 of
the Aspen Municipal Code.
C. Additional Requirements and Restrictions
1. Prior to the issuance of any building permits, the Owner shall provide the
Environmental Health Department with: (a) documentation indicating that the Aspen
Consolidated Sanitation District (ACSD) is capable of serving the development; (b) a letter of
agreement from the City of Aspen Water Department indicating that they will serve the
development; (c) a fireplace/woodstove permit; (d) a fugitive dust and erosion control plan
which includes, but is not limited to, fencing, watering of haul roads and disturbed areas, daily
cleaning of adjacent paved roads to remove mud that has been carried out, and speed limits or
other measures necessary to prevent windblown dust from crossing the property line or causing a
nuisance; (e) documentation indicating that a qualified engineering firm has reviewed the parking
structure's ventilation system and found that it is adequate to prevent carbon monoxide from
reaching high levels inside the facility or in the nearby areas outside of it:, and, (f) documentation
indicating that the Colorado Department of Health has reviewed and approved the proposed
parking structure ventilation system.
2. During construction, noise shall not exceed maximum permissible sound level
standards, and construction shall not occur between the hours of 6 p.m. and 7 a.m.
3. Prior to the issuance of building permits, the proposed above-ground and underground
parking arrangements shall be reviewed by the City Engineering Department, and revised as
,
J
~.
,
~
necessary to provide sufficient space (turning radii) to maneuver into and out of the parking
spaces.
4. Prior to the issuance of building permits, the Owner shall provide the City Engineering
Department with an acceptable planllocation for delivery and service vehicle access and parking.
5. Prior to the issuance of building permits, the Owner shall demonstrate to the City
Water Department's satisfaction how the subject property presently receives water service in
order to plan the service to the new development while maintaining service to the neighboring
buildings.
6. A dedicated mechanical space large enough for backflow prevention valves, individual
water metering and valving for each of the proposed eight (8) units, a landscaping/irrigation
system, and a fire sprinkler system is required; this space shall have separate access available to
City Water Department and Fire Department personnel and will not be obstructed by vehicle
parking, other equipment, or the need to pass through another room or space which could impede
access by service personnel.
7. Water service lines and sanitary sewer lines shall be improved to present day standards
for the existing structure, in the event required by the City Engineer, and for the newly
constructed buildings.
8. The Subdivision Plat shall include explanatory notes fully desclibing the present status
of the easements encumbering the property including notes and recording citations for easements
which have been extinguished, abandoned or modified; the abutting subdivision and lots will also
be shown on the Subdivision Plat as required by the Municipal Code.
9. As determined to be necessary by the City Engineer, the existing sidewalks, curbs and
gutters will be repaired or replaced prior to the issuance of any Certificat,es of Occupancy; any
improvements or areas disturbed during construction will be restored to preconstruction condition
or better; and the existing light and sign post at the south side of the driveway onto South Galena
Street will be removed.
10. The Owner shall dedicate Tract 3, a non-contiguous and undevelopable parcel
fronting on South Galena Street, triangular in shape and containing approximately 82 square feet,
to the City as part of the subdivision dedications.
11. The site development must meet the runoff design standards of the Land Use Code at
Section 26.88.040(C)(4)(f), and the building permit application must include a drainage mitigation
plan (full size _ 24" x 36") and report, both signed and stamped by an engineer registered in the
State of Colorado; the plan shall identify solutions acceptable to the City Engineer to mitigate the
site-generated drainage flows; said drainage plan will also need to address the conveyance of the
off-site drainage flows which may pass through the site from the base of the Aspen Mountain ski
area on the eastern side and southeast corner ofthe property.
12. The property owner is required to join any future improvement districts formed for
the purpose of constructing public improvements which benefit the property under an assessment
formula; the agreement shall be executed and recorded concurrently with the recording of the
Subdivision Plat.
13. Prior to the issuance of any Certificates of Occupancy, the building permit applicant
will be required to submit to the Aspen/Pitkin County Information Systems Department as-built
drawings for the project, showing the property lines, building footprint, easements,
4
.
.
-'.
f1)
encroachments, entry points for utilities entering the property boundaries and any other
improvements; these drawings shall be provided in accordance with City GIS requirements.
14. If the proposed use, density or timing of the construction of the project change, or the
site, parking, or utility plans for this project change subsequent to this approval, a complete set of
the revised plans shall be provided to the Engineering and Community Development Departments
for review and re-evaluation.
15. Prior to the issuance of building permits, the Owner shall subrnit a traffic and parking
plan acceptable to the City Engineer, Parking and Transportation Departments, Streets
Department, and Utilities Department. The plan shall describe traffic detouring, parking, and
staging areas for the several stages of construction of the project. The Owner shall be required to
rent on-street parking spaces if, due to the construction activities, any such spaces will be
temporarily impacted or unusable for public parking. These plans and permits will also need to be
coordinated with the Rights-of-Way permit for the utility and street frontage work.
16 In the event required, the Owner must receive approval from:
- The City Engineer for design of improvements, including landscaping, within
public rights-of-way;
- The Parks Department for vegetation species, tree removal, andlor public trail
disturbances;
- The Streets Department for mailboxes and street cuts; arid,
- The Community Development Department to obtain pennits for any work or
development, including landscaping, within the public rights-of-way.
17. Prior to obtaining a building or demolition permit, the applicant must have the
existing building tested for asbestos, and if any is present, it must be removed by a licensed
asbestos abatement firm. It is recommended that testing be done well ahead of time so that, if
removal is required, delays will not be experience.
18. In the event required, a tree removal permit must be obtained! from the Parks
Department for any tree(s) that is/are to be removed and relocated; also, no excavation can occur
within the drip line of the tree( s) to be preserved and no storage of fill material can occur within
thislthese dripline( s)
19. Down-directional, sharp cut-offfi),1:ures shall be used for screening of all outdoor
lighting sources, and those fixtures set along walkways will be set at no more than twelve (12)
inches above finished grade.
20. Prior to and on a proportional basis to the issuance of any building permits for the
residential units, the Owner shall pay a cash fee in lieu of School Land Dedicationto the City of
Aspen.
21. The proposed plans for the common sanitary sewer service line to the development
will need to be reviewed by the ACSD line superintendent prior to building permit issuance; the
sub grade parking area will be required to have a District-approved oil and sand separator
installed; a shared service line agreement will need to be completed and approved by the ACSD
Board; no clear water connections will be allowed to the public system; the flows collected by
the trench drain to be installed in the driveway must be directed into the drywell or stormwater
drainage system rather than the sanitary sewer system.
22. Staff of the Aspen/Pitkin County Housing Authority shall be permitted to visit and
5
.
ri
inspect the affordable housing units prior to the issuance of the Certificates of Occupancy.
23. Deed restrictions on the affordable units shall be rec()rged prior to building permit
Issuance.
24. The Owner will make the required Park Dedication Impact Fee payment, as
determined by the City Zoning Officer, prior to the issuance of a building permit for the project.
25. The Owner shall submit to the Community Development Department all materials
required to carry out a review of the proposed architecture against the RtlSidential Design
Standards in place at such time as the submittal is received.
26. All material representations made by the Owner in its application and during public
hearings shall be adhered to and shall be considered conditions of approval, unless otherwise
amended by a Board/Commission having authority to do so.
D. Non-Compliance and Request for Amendments
or Extensions bv Owner
In the event that the City Council determines that the Owner is not acting in substantial
compliance with the terms of this Subdivision Agreement, the City Council shall notifY the Owner
in writing specifYing the alleged non-compliance and asking that the Owner remedy the alleged
non-compliance within such reasonable time as the City Council may detlermine, but not less than
thirty (30) days. If the City Council determines that the Owner has not complied within such
time, the City Council may issue and serve upon the Owner a written order specifYing the alleged
non-compliance and requiring the Owner to remedy the same within thirty (30) days. Within
twenty (20) days of the receipt of such order, the Owner may file ,,,,ith the City Council either a
notice advising the City Council that it is in compliance or a written petition requesting a hearing
to determine either one or both of the following matters:
(a) Whether the alleged non-compliance exists or did exist, and/or
(b) Whether a variance, extension of time or amendment to this Subdivision
Agreement should be granted with respect to any such non-compliance which
is determined to exist.
Upon receipt of such a petition, the City Council shall promptly schedule a hearing to
consider the matters set forth in the cease and desist order and the petition. The hearing shall be
convened and conducted pursuant to the procedures normally established by the City Council for
public hearings: If the City Council determines by a preponderance of the evidence that a non-
compliance exists which has not been remedied, it may issue such orders as may be appropriate;
provided, however, no order terminating any approval previously granted by the City Council
shall be issued without a finding of the City Council that substantial evidence warrants such action
and affording the Owner a reasonable time to remedy such non-compliance. A final determination
of non-compliance which has not been remedied or for which no variance has been granted may,
at the option of the City Council, and upon written notice to the Owner, terminate any of such
6
.
.
-.,
'i
approvals which are reasonably related to the requirement( s) with which the Owner has failed to
comply. Alternatively, the City Council may grant such variances, extensions oftime or
amendments to this Subdivision Agreement as it may deem appropriate under the circumstances.
In addition to the foregoing, the Owner or its successors or assigns may, on its own
initiative, petition the City Council for a variance, an amendment to this Subdivision Agreement,
or an extension of one or more of the time periods required for performance hereunder. The City
Council may grant such variances, amendments, or extensions oftime as it may deem appropriate
under the circumstances. The parties expressly acknowledge and agree that the City Council shall
not unreasonably refuse to extend the time periods for performance if the Owner demonstrates by
a preponderance of the evidence that the reasons for the delay(s) which necessitate said
extension(s) are beyond the control of the Owner, despite good faith efforts on its part to
perform in a timely manner.
E. General Provisions
I. The provisions hereof shall be binding upon and inure to the benefit of the Owner and
the City and their respective successors and assigns.
2. This Subdivision Agreement shall be subject to and construed in accordance with the
laws of the State ofCo!orado.
3. If any of the provisions of this Subdivision Agreement or any paragraph, sentence,
clause, phrase, word, or section of the application thereof in any circumstance is invalidated, such
invalidity shall not affect the validity of the remainder of this Subdivision Agreement, and the
application of any such provision, paragraph, sentence, clause, phrase, word or section in any
other circumstance shall not be affected thereby.
4. This Subdivision Agreement contains the entire understanding between the parties
hereto and includes all material representations made by the Owner in its application and during
public hearings 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.
5. Numerical and title headings contained in this Subdivision Agreement are for
convenience only, and shall not be deemed determinative of the substanc,e contained herein. As
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.
6. Upon execution of this Subdivision Agreement by all parties hereto, the City agrees to
approve and execute the Subdivision Plat of the Tippler T ownhomes Subdivision, and to accept
the same for recordation in the office of the Clerk and Recorder for Pitkin County, Colorado,
upon payment of the recordation fee by the Owner.
7
.
-.
.
,....,.;
1/
7. Notices to be given to the parties to this Subdivision Agreement shall be considered to
be given if hand delivered or if deposited in 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 written notice by the parties or their successors or assigns:
CITY OF ASPE1\
City Manger
13 0 S. Galena Street
Aspen, CO 81611
KETTLE CORPORATION
Atm: Sirous Saghatoleslami, Pres.
P.O. Box 8030
Aspen, CO 81612
8. The terms, conditions, provisions and obiigations herein contained shall be deemed
covenants that run with and burden the real property more particularly described herein and any
and all owners 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 hereunto set their hands and seals as of the day
and year first written above.
By:
APPROVED AS TO FORM:
aU//J~
Jo Wore ster, City Attorney
OWNER: KETTLE CORPORATION
By:
.J,~,~~~
/ Sirous Saghatoleslami, President
8
.
rt
STATE OF COLORADO
)
) ss
\
,
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this __ day of
1998, by John Bennett as Mayor and by Kathryn S. Koch as City Clerk of the City of Aspen,
Colorado, a municipal corporation.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
) ss
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this I? ,-,~ day of ;I/cl/('m~r,
1998, by Sirous Saghatoleslami as President of the Kettle Corporation, a Colorado corporation.
Witness my hand and official seal.
My commission expires:
7)1/7-0" z-
, ,
, <71(~
.~"Y/a~
ry Public
9
.
.~
:i
0:
'"
E-<
"'0
,,0
",<:
~6
",,"'
08
z;g;
9~~
f:2~E-o
2:~~
53 ~ (f}
::oUl .
E-oCf.lo2S
:\Ul'-'1=
P-.~E--
'" .0.
.....:lOCOl'<..
<;::r;.....o
2Sz .
~~~~
E-<UlZ
",,,,,:0
"00
"' U
0... .
o.'-.Z
~;g:
Z~
"""
150
?5~
oG
"
E-<
<:
::0
E-<
u;
~___~_ __i__
r.-' ,...-,.. "-:r'-..~ ,~-..~~ .0~::-" """11135 I
: r "'1-:'-'':-1'-. '- "-, .... >'" -~ /.c, ,::-;::-.. ^ I ~~ ~
l"l I~ 'l '- ..." ,> "'0.. /.('," \; /.A>.;0- ~~ .
I,' _ -'"" ,--...' ,-', ,~::." /' ,'''- ....,,:-.. /.A..:...." I !j;~~r
I t~ 'J"-_,,',": ,'>':,,~<:"~M~,~:::::~~-::,~::-" ~ /..:<"':' ~" fl
f"'" ,J............,...." "', ''Z'', ....,.....,.. ", .... .... ",\ A',,"""" ,,"- I "
It" ":':-'1 ''''I~ ,'. >>.;;. <:':::::---.'.....' ,,-,....<:.-"'",' '0...........':.... ."'''- I
I_~",',_. '.....',......~>......'....'....,',,,",,.x< ',"',...."v~::." ..---0
If::'("'"'-''''''.....,'-.f'.<.'' ~... -,....><-::.'-"Ii.......<:---:'.........,;.<-',..:....>,::-....,:...,',::t<:-.:..,," Ie
~~JSI',....,' 'I -'.... : "":'.'-, ,>-,<:,,;,(,.,~. ">.,,- /':::. ,~~ ~q
, II ",. - , -- -' , , '.' y' -- ' '- 'z- . ,,'"
11,- ~::1 t .,- r.. .. ...". ,':;-:':::.,'<: ,,',> I" ',,/. ,".."" \t.;
'" ~~I:' "1,,,'.."":--'')'''- ~,'y", '. '/-
"" "1' '",.,,:.<<:<':.;.':-:-' ~,y., ',' ~'<i~~
I .... ,- ,~ ..................... ~ ~, ","\., ~ ~"...., ~
t:.,.""',..,~~:> ~ :>:S~~:-S~:"~~~'~-:;" ,....~:~~~~ ~;I:::,.::~:>::~".:<~>: I
'. -7 -..~,>"........~'-....>:-....'............................'..../ '- ~~ ',> ,-'JI
<'<<<. ~~,""/. "......>~ ....'...... ," ';:-.,...... " ....' /"--.:::......-1'
I ,,:::v /' ,,~ ,""" " -, (' ,
I ~ I v ,,~, -.' ~'<...... ,...., ,~ < ,- ~ I
{ / i~ ',~~;> :::':~",:'.': :'~"Ii': ,J:
"~~ ':<<'....'-'...-:: 1 "I ~ :11
L 'V ,,:::-,-', -1,,- ,I)
,; ", 'J" ,I,
~! ;'\~ 1::,,'::: :
r--, \\:: 11.........:t'..<<.,"<<'.11
,j / ,J _ il OL: ~~; . 'c.r:0Jr._:.... ~<'1J
-"""'''''''' II / ---./ " ~I
~~"_~;L' t-- ! "'''', '\ ....] l l2
'\" ',I -I I /~...::<. ~ ',~ ~ ~~~ ~rm"
, !,' . t
\~,~! I ,~-I----- ~~I
,," ,',' 0,
:! :: I ,/ -.:\L'":;:..~~-=-__
1-J! I \
jh,7--J ,!/ ,., It../' 1-=,1-" I
, " ',',,!
! '--_ / 1""'- (t.: T ~."
I "\ '..........
i ' 'I \\
hi ! I r. -\
'-~-._--I- I::
(-<-. I I II
-r--~~ I ~
(..1._______:_-=_-=_-=_.;:.-)1 /n
",1,<<":;~,n<nnn_~'<<_</'< ,
"."',,"
.~
~~
~;
gd
S ~Vi
~iii
~~~ J"
1m !l!!
ii: ~:g;
~h il~~
hi ~..~;:
'" 'I"
:;~~.. ;~~i
'ii1iij!1
h::~ .~~1
i g~ ~
. ',l--'
!;;-- ,"i!
'x;~
I g~~
~V:
:i:i
IIi'.
",
-d
'n
i~~~ .
...~E! :'~'! t J
;~ab~-~~
II',
~i~~
!~~!
ili!l
.~~~
,J
?i'u
u
, .
I' :
I. '
. '
" '
,. '
i: ~~
c...., ' --
. .
",: ,
.. ,
., '
~!
o
"
,
!!i
~!i~":l
V::I~__n_
_..!!..."!!:_---
,!
"
-
,
li!!
3!"
i~t
~~~
;i:i
,,,..
t;;d
I!~!
~llll~
...i5!ii
;~~~
~J~i
~ .~~
!!il
,.-
i,d'
jt~~
.~~~
,
~ :t:
" 'I, ,
5<:1 ~ L i ~. ~i ~ i
~!'! ! !~t 1:1 is iii ;
,,:!~~,' idl,I~_~
- .~ f .. ~ ..~.~ -~~ -
I~i'l", 3 :~..! ;i ~~ ~I~ i
,;; I ~t~ IN,!;: :!~ t
l!t ! ill ~ il!~ l;t i
i;~ I i!! I ill~ ~!i~ ~
II!I q'I'I':lI; h!i!!'
, i"II'I'" "',.
~! l!~!.J ;t~~L~~If~
~~t I ~~;,; b 1'1 '!;f :i~;! !<i
!!!! ~ft~ ~N i S ~-~~ ~
i~:~ :; u! ~I i1 U r~,g ~
.1.i1~ ... J,; ,s~~ ;l~:::e ;:
N N __ l :l!U
.; .
!
,.
.'
nm~L
~ ;
n~
,.,
~ ! ! II
~il!l
!' ,
~ ~~ i ~ i:e
'''I' ci " tl
~:!::! a' J.
,;:;~! ~ .,,! j
~~!;~t , ~~~
~!~N'!!:;i ~!b
i'"'b:,,, ai
:i:gl.~ ! ~""!
~~:" ~ ! ~~=
...~~~~l ',- ;~!
N;3~lt .!::a
-I-
"
H
"
_PII')
133~S Y/'G"Ml
I . t~
~n I; Ii
;",1;
II ~~ ~~
aN g'
~,~ Hi 1!
. .,
Nail; ;:t8
!~illil!l
ICE M.~:::
;,~~~ ~~,: ~5i
'E ."'li
. ,j:i !iili,
i ~ .; .;
i;'
..
1=
~.t
;~~
l;;~.;
P
~m
'eh
~i~~
I"
.;!
..
!l!:'
..l:i'i
"'I
~~I!
bd;~
iii!
i
~ ..
~I iL
,..
~ ~!
.
!
'!
s~
j
!
"\0<\<,,,,"
I
EXHIBIT
9
~.~~
,. "1
. --'-- -~"l !
~; !
Ii. ~ ~
~ ;: ~ ~ ~
" ..
,'," '
; ~ :rb
-~\
~\I
"
I"
'II
Ei
'"
~~~
!~~
r"
~!I t
",
n,:
re~
2~g .
~si~
I u
i '"
I <:i
Z .
C2 ~ .
" .
" ..~
Z ",i
..... 5i':!9
~ ~:~
~ ~~~s
>-- 3~~E
~ ~~8
z s ~
:0 .
88"
'"
'-'
5:1
I"
s~~
.j~i
I,".
t!~ ~I~i
~! 'r!1
'''J !1111
~:; i ~
j,;h ;!M
-~ 1;t- !!H'
b~ ~~ Il':!
'!:1 I ji!ij
i;is , ,ib
tr'll,: :l ill
!i~~ t IIIl!
, .~
.~ o~e~ ;8_ ~t;~ i:r~
;-,j! ;" il! h:n~ 6~"; .~. 3
Iii' j ,i,'llii! ,lli "I' I
;!~ ! e ~ ~;i~~~~ !~~; I t~ ~
'I; !! h i~~M~ .~~i: i l~=~ ~
:l~; ~, I.' ~~ u~~;u twl;g 5 ~~ ~
~~ ~i:;~~~ o:._~.~(
:! t~ ~ ~I R;;iug~ ~!~~ ! ;;! .
., .1'" ,., I,." -- .
~t~'i ~ it.: ~~S;H~- :sh =: H~ j
;b~t !i ~! ~J aV;hh'i ii!g ~ ;~~ . :;
'j:! ~; ~ .~ ~-bi~:l! ~i!' :! 5:~~ h
li ~a ~~ ~t is ~h=v:vl~ ~-~= t slii; 2~
!~iI 'i1!'li g~ E'rl~H ~ Us~ ~I ~;d ~~
~~~~ '! ~~!1I (~! !.;::! tl~~ o~
:jf~~ :; ; ti Hl;~~i,; ~a.!lI.. ,: gi aA
~!tl' 'I i; i~ 1~;'~~:S; !~ ~a i 31~~: ~~
'!l' '.1'. .,,1,.' ,.,,'1"1'
b~ a. a "I ~hmn !1s.1! a "4i~~ ~;
.; ~
JUN. lb. C::~~:Il:::J
,:)'C:>HlT]
1.....L11 &
n::::lrr.;..ll
EXHIBIT
.
\
1").
j
/c>
'-.-.-/
RESOLtmON No. 66
(Series of 2000)
A RESOLUTION OF THE ASPEN CITy COUNCIL APPROVING A 21-MONTH
EXTENSION OF THE VESTED RIGIITS GRANTED BY ORDINA.~CE NO.6.
. SERIES OF 1~8 FOR THE TIPPLER TOWNHOMES DEVELOpMENT
APPROVAL, 535 DEAN STREET, A P ARCEt. OF LA.1'<lD SITUATED INt.OTS L, M,
AND N, BLOCK 97, ASPEN TOWNSITE, LOT 1, TIPPLE WOODS S1JBDIVlSION
Ai,"!) LOT 2, GA.]\'NON'S ENTRY IN THE l\"W 11. OF SECTION 18, TOWNSHIP 10
S., R 84 W., OF THE 6TH P.M., CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2737.182-96-033
WHEREAS, the Community Development Department received an application
from Kettle Corporation, represented by Sunny V ann, Vann Associates, LLC, for a
twenty-one (21) month extension of vested rights for Lots L, M, and 1'1, Block 97, Aspen
ToV<ltlsite, Lot l,Tipple Woods Subdivision and Lot 2, Gannon's EntrY; and,
WHEREAS, pursuant to the provisions of the Colorado Business Corporation
Act, the Kettle Corporation was merged into a new Colorado corporation called Malayer
Inc. effective Monday, May 15, 2000. Accordingly, Kettle Corporation no longer exists,
and its assests and liabilities belong to Malayer Inc.; and
WHEREAS, the applicant for the extension of vested rights h'~ein is still Sirous
.___.... Saghatoleslami.. However, he now owns the property through Malayer and is the sole
o'W'Iler of 100 percent of the stock ofMalayer Inc.; and,
\"HEREAS, the subject property i:s located in the Lodge I Tourist Residential
Zone Districts; and, .
WHEREAS, City Council adopted Ordinance No.6, Series of 1998, which
approved a GMQS Exemption, Subdivision, and Vested Property Rights status for the
Tippler Town..'lomes Development until May 26, 2001; and,
WHEREAS, purS1.laIlt to Section 26.308.010 Vested Property Rights of the Land
Use Code, City Council may grant all extension of vested rights for up to three years after
a public hearing is held 'and a resolution is adopted; and,
WHEREAS, the Community Development Director has reviewed the application
and recommended approval of a twenty-one (21) month extension ohested rights for
Lots L, M, and N, Block 97, Aspen Townsite, Lot 1, Tipple Woods Subdivision and Lot 2.
Gannon's Entry finding that the property was in litigation for 21 months following
development approval and that review criteria have been met; and,
. .
WHEREAS, the Aspen City Council has reviewed and considered the extension of
'C""/ vested rights for Lots L, M, and N, Block 97, Aspen TOWllsire, Lot I, Tipple Woods
5:4vl ru.d '5'/3D
I'Vo-'-''-
JUN. 16. 21300 9:26AM
CITY OF ASPEN
~
'. -'"
~
,
.----
Subdivision and Lot 2, Gannon's Entry under the applicable provisions of the Municipal
Code as identi:fied herein, has reviewed and considered the reconunendatio,n of the
Community Development Director, arid has taken and considered public cornment at a
public hearing; and,
WHEREAS, the City Council frods that the extension of vesU~d rights proposal
meets or exceeds all applicable land use standards and that the approval of the extension of
vested rights proposal, with conditions, is consistent with the goals and elements of the
Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary
for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
ASPEN, COLORADO, THAT:
Section 1:
The Aspen City Council does hereby approve a twenty-one (21) monili extension
of vested rights as approved by Ordinance No.6, Series of 1998 for Lots L, M,
and N, Block 97, Aspen Townsite, Lot 1, Tipple Woods Subdivision and Lot 2,
Gannon's EntrY for the Tippler T ownhomes Development with the following
conditions:
'---'/
1. That the Tippler Townhomes development's vested rights stat1JS, as originally
established on May 26,1998, will expire on May 26, 2001. As a result of the 21
months lost to litigation beyond the applicant's control, a new expiration date of
vested ri[hts for the Tipoler Townhomes develooment shall be established as
Februarv 26.2003.
2. That this newly established expiration date ofvested rights of February 26, 2003
shall be granted prOVided the applicant complies with Section 26.575.150:
Outdoor I.,ighting - Pursuant to Ordinance 99-47 made to the Aspen Land Use
Code on 11/23/99 subsequent to the Tippler Townhomes dev,elopment's original
development order on May 26, 1998 pursuant to Ordinance No.6, Series of 1998.
3. That any failure to abide by the terms and conditions atteJ.lda:ot to this approval
shall result in the forfeiture of said vested property rights. Failure to properly
record all documents, plats, and agreements required to be re,corded by the
Municipal Code shall also result III forfeiture of said vested property rights.
4, That nothing in the approvals provided in Ordinance No.6, Series of 1998 shall
exempt the site specific development plan from subsequent :reviews and or
approvals required by Ordinance No.6, Series of 1998 or the general rules,
regulations or ordinances of the City provided that such reviews or approvals are
not inconsistent with the approvals granted and vested herein.
',-/'
JUN. 16.2000 9:26AM
,
CITY OF ASPEN
" ....
~
----)
\ "
'.~---,,'
5: That the establishment herein of a vested prOPertY ri@.t shall not preclude the
applications or regulations which are general in nature and are applicable to all
property subject to land use regulation by the City' of Aspen including, but not
limited to, building, fire, plumbing, electrical. and mechanical codes. The
developer shall abide by any and all such building, flIe, plumbing, electrical md
mechanical eodes, ul1less an exemption therefrom is granted in "Titing.
Section 2:
All material representations md commiunents 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 inJ~rporated 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 3:
This Resolution shall not effect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under c,r by virroe of the
ordinances repealed or amended as herein provided, and the sam~: shall be conducted
and concluded under such prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is
for any reason held invalid or unconstitutional in a court of colopetent jurisdiction,
such portion shall be deemed a separate, distinct aDd independent provisiol1 and shall
not affect the validity of the remaining portions thereof.
.~-'
Section 5:
A duly noticed public hearing on this Resolution was held on ~le 22nd day of May,
2000, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
FINALLY, adopted., passed., and approved this nod day of May, 2000.
Approved as to form:
Approved as to content:
O.J l~
Jolin Worcester, City At mey
fer ::lch'-' WorC<.s+(.
~[~
bel Richarlls, Mayo "\
Attest:
-,-......
C A/'I,L t2.1d:;:~.~i44/, tf. I CI "A -h.
'Kathryn S. I(OcI1, City Clerk ~ ~
04/12/2002 FRI 09:36
, ;.
FAX
0,....,..,. ,.".,... ....,.,.,.,.. ...' .... "'"'.....
t' "I,#'> -: .... '. .....,":1 ..... .............. &-.t.
,71spen Consoi/daled ('ja.nila/ion j)r.~-Iriu!
565 North Mill Su.eet
Aspen, Colorado 81611
EXHIBIT
I
//
.'t.
'"1"
Tek (970) 925-3601
I'AX 11(970) 925,2537
$)' J,i:Il)' . Cbainn,,"
Paul Smith. Trcas.
Lolli, Popi'h . See)'.
Michael Kelly
fri1I1k LOllshin
Bruce Matherly, 1\1gr.
. '
November 25, 1997
lv.!i.tch Haas
Community Development
130 S. Galena
Aspen, CO 81611
Re: Tippler Town homes Residential GMQS
Dear Mitch:
The Aspen Consolidated Sanitation District currcntly has sufficient collection and treatment
capacity to serve this project. Service is contingent upon compliance with the District's rules,
regulations, and specifications which are on file at the District office. There is a downstream
constraint in Galena street that will be eliminated through a system of prorated additional fees.
The plans for the common service line to the development that is being proposed will need to be
reviewed by our line superintendent prior to construction. The subgrade parking area will be
required to have a District approved oil and sand separator installed. Since more that one unit will
be served by the common service .line, a shared service line agreement 1NiIl need to be completed
and approved by our Board. No clear water connections will be allowed to the public system. The
application states that surface run-off and subsurface water win be directed to a dry wen system
which helps address our clear water connection concern.
T would encourage the applicant's engineer to continue to work closely with our line
. superintendent to determine the best method of connecting the project to the public system. Once
detailed plans are available, a tap permit can be completed at our office, which will estimate the
total connection charges fOT the project.
Please call if y.ou have any question$.
Sincerely,
'~_ ~~_ fv-.....'il--.r '/)
Bruce Matherly --
District Manager
EPA Awards ur Excdkncc
1976. 19S6 .1990
Rel\io1'l:ll and N:1.rion.l1
..
~
t1)
Aspen Consolidated Sanitation District
565 N. Mill St.
Aspen, CO 81611
Permit
Date
Acct_N 0
Se",. Addr: 535 E. Dean St.
Subdivision
8 Units
505-2002
3/27/2002
m.37
LotK.O
Sq.Ft
Type
Condo jJ.1/J.tr4je-r2.. [fV6.
Owner: ~Bfpuratfflf1..
Addr: P.O. Box 8030
Aspen, CO 8162
Residential
Bath Tub/Jacuzzi
Steam/Shower Stalls
Toiiets/Bide1jUrinal
Lavatories
KitchenjPrepSink
Dishwasher
Disposal
Ice Mac!",ine
BarSink
UtiIity\Laun.Sink
Washer:Auto
Janitor$ink
Floor Drains
HotTub
Swimming Pool
Drinking Fountain
3 A1H
5:2/2
ADU
Blk: 97
28,500
Multi Unit
Bedrooms
Bathrooms
PIN 273718296033
6 10
3 10
A/H 2/2
8
10
Tap Fee
1.593.00
199,1.25
2588.63
1782.00
1593.00
792.00
792.00
ClOO
0,00
0.00
15.93.00
0.00
0.00
0.00
0.00
0.00
$12.724.88 ($2400 MinjUnit)
Sewer Service Charge
13
PerMo.
18
8
8
8
o
o
o
8
o
o
o
o
o
Per Quar.
Previous
$877x 5.3 Payments/Credits Amount Due
Initial line Fee 4,648.10 $4,648.10
Plant Capacity Fee 19,200.00 0.00 ADU $19,20000
Incremental Taps $0.00
line Improvement Fee 5,300.00 $5,300.00
Connection Fee $0.00
Total Charges 29,148.10 0.00 $29,148.10
Form 2002
PAYMENT DUE PRIOR TO ISSUANCE OF BUILDING PERMIT. ALL CHARGES SUBJECT TO FINAL INSPECTION
$l.13.11
$339.33
..
ARCHITECTU"REAND'PLANNING. 'P.C'.'Alj'(j5:'E':'MAIN A'ASPCN;'C'O'S16'1'f'){ TEL.: 9'70'tf2S'4755 A FAX:' 970920
".j
From:
City of Aspen Water Department
500 Doolittle Drive. Aspen, Co.
Sirous Saghatoleslami
Malayer Inc.
George Winne
To:
Cc:
Date:
April 22, 2002
Enclosure:
D
RE: Subdivision Agreement
Tippler Townhomes
BPA Job #9936.00
Dear Sirs:
As representatives for the owner of the Tippler Townhome Project, Sirous Saghatoleslami, of Malayer Inc.. we are
submitting this letter as part of the requirements of the 'Subdivision Agreement for the Tippler Townhomes
Subdivision', dated November 25, 1998.
In particular, we are providing the necessary information requested in Section C, Item #5 of this agreement
regarding water service to the proposed project & maintenance to neighboring properties.
Based on information provided by the Water Department. the water service to this property is presently shared
with service to the Tipple Inn along Dean Street The owner will be terminating the service to the present
restauranUbar during the demolition of the existing structures & maintaining a separate water service to the Tipple
Inn. The Tippler Townhome project will install a new water line from the existing main line under Dean Street The
new service will be designed to supply the 8 new residential units as well as the required fire protection system.
We hope this information will be satisfactory in meeting the requirements of this portion of the subdivision
agreements. If you have any further questions, please do not hesitate to contact IJS.
Sincerely,
George Winne, AlA
.,
.
()
,1 ,.... .......
ASPEN WATER DEPARTMENT
130 SOUTH GALENA STREET
ASPElIl, CO 81611
Bldg. Permit
U.C.P.No.
0505.2002 asrb
C-{)2-038
NOTE: THE'WATER SERVICE ACREEMSrn'P'ORTlON OFn.t FORM eAHDNLY aEUSED FOR e~EI:noNS
NOT REOUlRWG WATER M.UI EXTEHSlONS.
UTIUTY CONNECTrON PERMIT AND WATER SERVICE AGREEMENT
ms ,.-eRICT EXmES ONE YEAR; FROM DATE OF issUElF UTlUTY CONNECT1OH HAS NoT art'N'MAD!.
PROJECT OR BUILDING PERMIT OA TE I~AP DATE
3129102 TAP NEEDED
OWNER OF PREMISES il}ft~/4Yt=-R. jiVe. MAILING ADDRESS P.O. BOX 8030, ASPEN. CO 81612
, _, r.:'::"JIl:J!l'c.R:i'k"'fI€>>l
ADDRESS LOT BLOCK SUBDIVISION
535 DEAN STREET KTOL 97 GANNON'S ENTRY
ACCOUNT NUMBER I~ARCEL 10 NUMBER # OF METERS SERVICE AREA
273718296033 6 1
nwJot.blclekMclS\bciv........ae{fonh-'O~~rh&~tobe__ed,which..cahdlhewSub;eCl: ~.~
SU property located: The imprOfe~re: 'w r servile. requirements:
h-City 0 o...tof 0 SF 0 DupIe:r,X"MF 0 C--=Iaol tMwTap OE>: Tap OAbandonEIrisl:"
"-~'t;OMPUTATION OF-FEE
Eeu's
12.60
'"
UTILITY INVESTMENT CHARGE See attached
UTILITY HOOK UPCHAR'GE
SERVICE AREA CHARGE
$3.585.00
TOTAL
$45.171.00
CASH IN LIEU OF WATER RIGHTS water service out,lde c: Ilmtt,onl
WELL DEVELOPMENT CHARGES OF $400.00 'ECU.
WATER RIGHTS DEOleATED
SIZE OF DOMESTIC LINE .75'" to each unit SIZE OF FiRE l.INE TAP unknown TOTAL CONNECTION FEE CUE $45,171.00
Use to be 5o",ed: 8 NEW RESIDENCES ONLY. FREE MARKET UNITS AND GARAGE TO HAVE SEPARATE METERS.
AFFORDABLE UNITS TO HAVE ONE METER.
ALL EXISTING WATER SERVICE LINES TO BE SEVERED AT THEIR SOURCE.
No more than 1 $ervlce Une-{s)II (are) aU~d under this P<inn/t each must be controlled ,epal"Ztely at Its own curtlvalve.
Application mll$l be: made to the Water Department for additional servIce Unes.
Water Rights Conveyed To The City:
WATER WIll BE BilLED ON A MONTHLY BASIS FROM DATE OF
TAP WlESS ARRANGEMENTS ARE w,oE wmr THE WATER
DE~AATMENT TO HA.VE THE CURB VAlVE ClOSED. SolOULO
THE CURB VAlVE BE FOl..ND OPEN WlTHOVT ~ERMISSION,
WATER WILL BE BILLED SJ,CK TO DATE OF TAP, LmLITY
INVES'TMENT FEES FOR F~nJRES LlSTEJ:I ON ATTACHED
WORKSHEET ME SUB.JECT TO REVlSIONU?ON SURVE'r'OF
CO/IIIPlETEO STRUCTURE.' AU. AODmONSTO STRlJCTUREAT
LATER: DATE ME S\..lB.JECT TO ADDmONAJ.. FE!::S AS
DETERMINED BYTHE WATER DE~AATM9."',
niE OROI~ES OF cm' OF ASPEN REQUIRE, AMONG OTHER
THINGS' 'THAT O'M'lERS, OF ,1<N'f" PRO~ER""'",ovrsro~ 1'HE
Cm' UMITS /.MJST,AS ACoNomON OFRECSVlNGCrrYWATER
SERVICE, '(1) PROVIDE ET1'HER WATER" RIGHTS ACCEPTABLE TO
THE CITY OR CASH IN LIEU OF WATER RIGHTS IN OROER TO
RECEIVE THE WATER SElMCE.>>lo '(2)AGREETO~11'tEIR
PROPERT'f TO THE Cm' Of' AS1'EN 'MiEN REOUESTEOBYTHE
CJlY TO 00 SO, BY OBTAINING WATERSERVleEPVRSUANtTO
THIS lmUTY C~EcnON PERMIT, ()'M.jER OF THE SUs.JECT
PROPERTY AGREES'l'Hi;' SUBJECT PROPERTYWllUiEAt.NEXEb
TO 'IHE Cm' OF ASPEN AT SUCH TlME AS Cm' Sl-W.L REQUEST,
AND ~T THEO'.'.'NER OF1'HE SlJB.JECT ~ROP'ERTY WILL PAY
ALL COSTS ASSOCIATeD 'MTi;~E:XATlON,
THIS PERMIT INCLUDES 0 SCl.JARE FEET OF
PROG~EO SPRlNICl!;R IRRIGATED LAINN, IRRIGl.l1ON OF
ADomONAl SOUARE FOOTA(;E WILL REQUIREADDmCiNAl
COI-NECTlON CHARGES.
THIS AGREEMeNTWtLL se RECORDE'DANO IS BINDING ON O'vVNER.
HIS HEIRS, succeSSORS AND ASSIGNS.
THE env Sl-W.l BE 'THE SOLE PROVIDER OF "ll WATER SERvicE
TO THE SUBJECT PROPERTY FOR ALl PURPOSES, INCLUOING
IRRIGATION. wrTHOUT THE CI1'Y'S WRITTEN, PERMISSION. THERE
SH"lL BE NO use OF RAW WATER FOR IRRIGATlON 'PURPOSES,
AND NO OWNER OR OCCU~N(T OF THE SUBJECT ~ROPERTYWlU:
DEVElOP OR unLIZE AN INDEPENDeNT 'AAWWATER SYSTEM. #roJ
OR WATER RIGHTS OR WELlSWlTHlN THE SlJ8JECT PROPERTY.
THE WATER SERVleEPROVIDEDBY THE Cm'UoroERTHIS tmUrY
c~enON PERMIT rsSlmJECT TO; ANn All OWNERS OF THE
SlJ8.JEtr ~ROPERTYAAE BO:Mo BY. ALL AP1>lICABlE' ~RoVlSIONS
OF THE CHAATER OF THE CrrY OF AS~EN AND 'THE ASPENr.<<..NICI~AL
COOE, AS WELL' AS ' All' 'iPF'LtCABLE ROlEs,' 'POlICIES 'OR
REGUlATIONS OF 'l'HE ClTY NOW IN EFFECTOR AS 'MAY BE
HEREAFTER AOOP'l'ED.
ALL WEllS LOCATED ON THE SUBJECT PROPERTY t.lJST BE
PROPERLY P1.UGGED mD SEALED AS REOUlREO BY RULE 15
OF THE COLORADO STATE ENGINEER'S REGlILATIONS. OR I<N'f
MofENDMS'fi' OR REVISION OF1HI.TRULE. ITrsTHEUlTlMATE
RESPONSISrllTY OF THE WELL OWNER TOHA.VE A WELL
PROPERLY PWGGEO AND SEALED. WATER RIGHTS ASSOCIATED
WITH StiCH WEU.S ;";""S"i Be ASslG'~EO TO THE em' OF'ASPEN
BEFORE W"TER SERVlef WIll BE EX:TENDE.D TO SUCH
PROPERTY. EVIDENCE OF WEll ~ENT I.UST BE
PROVIDED TO errv OF ASPEN PRIOR: I$.SIJ..l.NCE OFCERTlFlCATE
OFOCCU~J,NCY. AOOrTlow.!.LY, A RECOROEOCOPYOFTHE
COLORADO STATE WELL ABANOCll'Me.lT FlLlNG t.1JST SE
~ROVlDED TO CITY OF ASPEN Wl'THIN ~ DAYS OF ABANrxN.lENT.
other Condition~: All f",~ must be paid in full. The prOject must meet current Aspen Water Standards.
Water meter must pasS inspection. All connections to pretapoed service lines must be witnessed by Water Dept. personnel.
Project is subiect to final fixture count This Utility Connection Permit does not include irriqation. A separate pennit must be
Issued. If construction is being done on the subject property this account shall be on a construction l'<llte for nine (9) months
from the date that the tap is made. At the end of nine (9) months the account shall then go ..an..the hlQher flat rate,... ,
IInm. w.t" m.t., ,.. be.n on"",".d .nd p"ses on'p.ction. ~~.11,t-lMM~C40 01. 0;/
Signature of Owner of SUbject Propcny; Date.. j' of Aspf:n: eatr) 'Ie
. S1" <<1"ln'''NI,,"n~')'''I'.,,)''''n7'1~''n U b'W1t;~; _
,..ECII', ...I,n.' ",thl'p.mll '",b"n ",In.." lVi(l .3.r;!.'6f!l:. ,",,,,,,,"",",,,,,,,,,,,._
,l.lL ~ISTlNG TAPS TO ee 'A8ANOONED wsr" BE PHYSICAlLY
SEveRED FROM 'THE ClT'l'S"(S'I"EM. NOTE:THE'U<lOERsiGNEtl
SHAll BE RESPONSl'BlE FOR'SCHEDO!.m'NlINSPECTibN'SYTHE
CITY OF All ABmOONEtI TAPS, SeRVICE 'LINe'S;" METER
INSTAlLATION, ANDCAPF',Etl wellS AS A CONomON OF
P!'!S.CEDENT TO COMMe."lClN(;: SER\IlCE;
THE UlOERSIGNEO RE~RESENTS ~T HE/SHE IS THE ~ER OF
'THe SbaJetrPROPERTY'",:,ew;s' REAO, > (Noi;RSrmos ;..;.,0'
AGREESTO THETERMS OF THISunUrY 'C~c:nON PERMIT ANO
WATER SERVICE AGREaAeNT,
"
~
> .-
f I~ ECU WORKSHEET J I
DATE: PERMIT it 0505.2002 ASR8
NAME: KEITLE CORPORATION
ADDRESS: 535 DEAN STREET
FIXTURE ECU ASSESSED ADU FIXTURE TOTAL
RATE FROM PLANS COUNT COUNT ECU/FIX.
1st BATH 0.36 8 2.88
2nd BATH 0.24 4 0.96
0.05 . 4 0.20
0.D2 8 0.16
0.05 . 0.00
0.05 I 4 0.20
0.02 4 0.08
0.05 4 0.20
0.05 1 0.00
STEAM SHOWER 0.08 1 41 0.32
~ 0.05 1 1 . 1 0.00
0.10 I 181 1.80
0.251 1 1 81 2.00
KITCHENIEFF. . 0.151 1 1 1 0.00
~ 0.051 I 0.00
0.101 1 81 0.80
0.051 1 81 0.40
HAND/BAR SINK 0.051 1 1 0.00
~ 0.051 I 1 1 0.00
0.10 1 81 0.80
0.051 1 I I 0.00
1 st HOSE BIB .. 0.201 , 41 0.80
I
2ND HOSE BIB I 0.101 I 1 0.00
ADD. HOSE BIB 0.051 1 , 0.00
I
ADD SF/100 0.011 1 1 0.00
UTILITY SINK 0.051 I I 0.00
HOT TUB 100 GAL 0.011 1 [ 1 0.00
UTILITY SINK I 0.051 1 I 0.00
DOMESTIC WATER SERVICE LINE SIZE .75" FOR COMMON AREA 1 1.00
TOTAL ECU COUNT I I 12.60
I 1
SERVICE AREA 1 $ 3,585 -. ----""-.-... .-. .. _.n
SERVICE AREA 2 $ 7,390
SERVICE AREA 3 $ 9,855 I
SERVICE AREA 4 $ 3,810 1 I
SERVICE AREA 5 $ 4,9251 I
SERVICE AREA 6 $ 8,060
SERVICE AREA 7 $ 4,925 I
SERVICE AREA 8 RESERVED I
1
PROPERTY LOCATED IN SERVICE AREA. 1
UTILITY INVESTMENT CHARGE PER ECU. $ 3,585.00
UTILITY CONNECTION FEE DUE $ 45,171.00
I
THIS PERMIT DOES NOT INCLUDE IRRIGATION. A SEPARATE PERMIT MUST BE ISSUED.
r."
p.l
0205:18a
~
<'
;; .' 'Y ,......
U......~
!IKK CO~SULTI~G ENGINEERS. INt.
.\Ie,hanieal, J,lcclrleal. Ene'gy & l'cehn{Jlo~l
H27 Rood ,\vcnur.
C'';lI1d Junction. Colorado fH501
197il) 24:3-3177 . fa." 1970} 24!i.4450
w,..w.mkkr.ng.C(lnl
April 23, 2002
George Winne
Bill Poss and Associates
605 East Main Street
Aspen,CO 81611
REF: Tippler Townhomes
Our Job #: GM00427.00
Dear George,
I'm providing this letter to you, as requested, to address the parking garage ventilation
on the referenced project.
The parking garage exhaust system will be designed with air flow per code requirements
and controls to prevent excess carbon monoxide build-up in the garage area. The
discharge air duct will also be designed to terminate at a location above grade to prevent
high levels of carbon monoxide to accumulate.
If you need further information on the exhalJst system for the building department,
please do not hesitate to contact me. I will forward the required information.
si7\'2el' .' _ / 7
Vol .'~/'~
Randy . Rexwinkle, P.E.
RLR/elp
Atlanta
Geo'gla
Billings
Montana
Cheyenne
Wyoming
Denver
Colorado
Grand Junction
CoIOl'a<lo
Great rails
Montana
,
ARCHITECTURE AND PLANi.J1NG, .P.C:' . '605 'E: MAYN.' 'J{SPEI,i';."Co"'lite11 :".7-E'c:""97~'.1;'2!;"l(755'. 'FAX: I;io '9'20 291>0'
"
From:
City Engineer
City of Aspen Building & Zoning Dept.
Sirous Saghatoleslami
Malayer Inc.
George Winne
To:
Cc:
Date:
April 30, 2002
Enclosure:
o
RE: Sudivision Agreement Requirements
Tippler Townhomes
BPA Job #9936.00
Dear Sirs,
As representatives for the owner of the Tippler Townhome project, Sirous Saghatoleslami, of Malayer Inc., we are
submitting this letter as part of the requirements of the "Subdivision Agreement for the Tippler Townhomes
Subdivision", dated November 25, 1998.
In particular, we are providing the necessary information as described in '.Section A:' (Subdivision Improvements)
& "Section B" (Financial Assurance), of this agreement, and as requested by the City Engineer.
Portions of the following information are based on a Cost Estimate prepared by RA Nelson & Associates, dated
April 30, 2002. The owner obtained the services of this contractor to prepare a preliminary cost estimate, based
on the drawings submitted for building permit.
SECTION A - Subdivision Improvements:
ITEM 1a: Repair & replace any and all paving & improvements to Dean Street damaged due to installation of
utiiities & services to the project.
Based on the Cost Estimate by RA. Nelson, this work will include water, sewer, gas, electric, cable, & telephone
connections along Dean Street and has a value of $29,240.00.
ITEM 1b: Remove existing sign/lightpost for the restaurant in the RO.W. along Dean Street.
This work has an estimated value of $500.00.
ITEM 1 c: Repair & replace any and all paving & improvements at the entry of the project off of South Galena
Street (access easement) damaged during construction.
Based on the Cost Estimate by RA. Nelson, this work has a value of $17.275.00.
ITEM 1d: Repair & replace any damage done to existing public improvements including sidewalks, curb and
gutter, pavement. utilities, & landscaping during construction.
This work will effect existing conditions along S. Galena Street & the entrance to the property and has an
estimated value of $3500.00.
.--\
"""
n
l
~
MEMORANDUM
ARCHITECTURE AND PLANNIN'G, P-.C. . 605 c. MAIN. ASPEN, CO 81611 . TEL: 970 925 4755, FAX: ~70920 2950
Subdivision Agreement Requirements
Tippler Townhomes
Page 2
ITEM 2: Construction schedule for the above described items.
The project is expected to be begin in June 2002 and be completed in 18 months (December 2003). The work
described in ITEMS # 1 a & 1 b will be completed within 3 months of commencement of work, and ITEMS #1 c & 1 d
will be completed within 2 months of completion of the project.
ITEM 3: A detailed landscape plan submitted to the Community Development & Parks Department for review and
approval. Landscaping to be completed no later than one year after completion of project.
A landscape plan was submitted for review & approval along with the construction documents on March 25, 2002_
Based on the Cost Estimate by RA Nelson, the landscaping & irragation installation has a value of $32.750.00.
SECTION 8 - Financial Assurance:
Total value of improvements described in Section A, items # 1a, 1b, 1c, 1d at 100%
Total value of landscaping improvements described in Section A, item # 3 at 125%
Total estimated costs as a basis for owner's financial Quarantee
= $50,515_00
= $40,937.50
= $91.452.50
We hope this information will be satisfactory in meeting the requirements of this portion of the Subdivision
Agreement for the Tippler Townhome Project and to obtain the necessary approvals from the City Engineer.
Sincerely,
George R Winne, A_IA
Project Manager
2
A
ARCHITECTURE AND PLANNili'G;' ii:C,' . '6'Ot'Ed I,IAIN .. AS.PEN, 'CO 's'16n ': tEl..~'9'70925' 4'755': FAiC9il/920 2950
From:
City Engineer
City of Aspen Building & Zoning Dept.
Sirous Saghatoleslami
Malayer Inc.
George Winne
To:
Cc:
Date:
June 20, 2002
Enclosure:
o
RE: Road Impact Fees
Tippler Townhomes
BPA Job #9936,00
Dear Nick.
As representatives for the owner of the Tippler Townhome project, Sirous Saghatoleslami, of Malayer Inc., we are
submitting this letter in regards to the road impact fees related to this project. The information provided herein is
based on a meeting that we had on Wednesday, June 19, 2002 in your office to review these fees.
Calculations used to determine the impact fees are as follows:
Total length of property frontage along South Galena Street (159.23') plus one half the width of Dean Street
(20.0') multiplied by one half the width of S. Galena SI. (20.0.) times $9.50 / square yard.
159.23'+20' = 179.23'x20' = 3584.6sf /95f per vard = 398.35V x $9.50 = $3783.75
TOTAL ROAD IMPACT FEES DUE = $3783.75
(payment by certified check prior to issuance of building permit)
We hope this information will be satisfactory in meeting this portion of the building permit requirements for the
Tippler Townhome Project. If you have any further questions, please do not hesitate to contact me.
Sincerely,
George R. Winne. A.I.A.
Project Manager
.~ I.
~
~,
~
r-"
I
i
I
I
~
THE CITY OF AS;'E:<
Parks Office
920-5120
TREE REMOVAL PERivIIT APPLICATION
The following is an outline to assist in the preparation of a tree rE~moval permit.
I) Outline/Sketch/Dra...ving of property to include: (please attach 2 copies)
a) Property address.
b) Property boundaries.
c) Locations of buildings on the property.
d) Location, diameter, and' species of trees on property and designate
with arrows or circles which trees are to be removed.
2) Site address S~S bEA-}.\ STRttT - M@. C,olo~o
3) List trees to be removed, species and diameter at 4.5' above grade. '\
\) Vl"tJlf\-,? ~N,E ~ \ ,:r f.>6rc~ 1.1C.3) ltff\i, 10,) ~:rl~L
1.\ f' I'6f~ !:>.) \',If>1'' ~rn ~:) C//'6f'EN \t.) \' ptNoE..
3) 3.' AS;tE~ f;;) 4"' MfE.N c)) A:I c:orT01-ltnJ00D
4) Reason for Removal
- iJJr\1J.l\-..1 C{)HS;\ROGt!O(\!. ~tA
- ~iJ., ThU.So ~ bE.. \U:Ko\JED A-P-E- l-DCAU:.-D \!J
S0DmE.~T ~ct-1l0~ Cf Pl;\.oftRT'{
5) Mitigation Plan (relocation of trees or replacement of comparable worth trees as
referenced in Aspen Municipal Code Sec. 13-76, (e)). Add to Property Drawing.
a) Location of replacement/relocation trees.
b) Size and species of trees to be replaced. ' ~
f.!S l\'lOtCA~\) C7~ Nec'-N ~~CAfE:. flLN--t (SUreT A LOI)
..J II '\.1 '\:; ;:) ,L
6) Completion Dare of Project V\.. --l L '\
7) Person responsible for project (applicant):
iZE-nlt c..OR~D~ -nO~
Property Owner .
,OcE,C~ 8D'jO - m' W.' Cia. ~\lon tU1 OS~ ~ /~%S; C.
Addr~s & ('hone Nun:tber C) 0" '3 '2- S.. e, cI &1 Camp y
iL~==r-/~ll\.p~'~ 3jZ-r(C"L-
o"'"-0({~ ~ Rdtd ~~ '~~
~
.
--
"
I
I
10
I
I
"
o
:n
==~..
.....I~
==~==
~
~
n.I
o
LTl
U,J
r
~~~€~
~l!!c."g~
QI",. 0 '"
~t':l~ i
~~~ ::.
~i:<;<
~g.~
~.'
~~~
"'-
..
..
-
o
nJ
o
o
o
o
-<l
tr'
.
~
~
.
i!
..
tr'
-
~~
U,J
n.I
CJ
..0
LTl
..
Ol>e.U.. ~.
0-<-0
:00>
0-<-<
m:J:
"'m
o
."
r
1.S)
~
0 ti
~ - ,
.,.
c-
!!I
-.
II
Eli
r)
"'~
0-<
X:J:
mm
8=t4.i~
0" rt' r--
6;~,~~
~QCD\\
_z~C1:l ,..
O;;;lJ
5~~t
~6:a r
g~~
~;2CD
~~z
'"
o
"
-<
m
. l\)
01
(J1 .
W
-/:>.
t
~
,
.,
"".:.
r-.
f:)
,:,,:/,'.t>;"'~ ~,
" .;,.....
. :.,~ "......,
. ..~...
" '.~"
'., "
.:....;.....:....:>
....
"':..'.'
~
MUST BE POSTED ON PROPERTY .
After a site inspection a~5 Dean St. the following conc1usions~e made. The site is located
to the south of the Tippler Inn, and the site is located along the fringe of an existing parking lot.
The majority of the trees listed on the property are well below code and will therefore require no
mitigation. The three remaining trees are one (1) six inch diameter Aspe.n, one (I) five inch
diameter Blue Spruce, and one (1) twelve inch diameter Blue Spruce. All of these trees will be
permitted for removal due to the need to construct an uriderground parking lot in the area The
mitigation for these removals will take place as on-site landscaping. There flIst must be a
landscaping cost estimate submitted to the City of Aspen Parks department prior to the release of
this permit. The following will be the total mitigation value set for the property.
.-
.
,
;)QI."
One six inch diameter Aspen
One five inch diameter Blue Spruce
One twelve inch diameter Blue Spruce
$1,017.36
$706.50
$4,069.44
Therefore the total will be set at $5,793.30.
It is of utmost concern that all of the off-site vegetation located to the south of this site be heavily
protected This is due to the fact that along the south side of this sites existing parking lot are
located a number of mature Narrowleaf Cottonwoods. These trees are to be considered off limits
through the duration of this project in order to ensure the highest possible chance of
survivability.
PropertylTree Inspection:
Aaron Reed
4/26/02
,;@
'-I / -u/.,-z
Date'
City Forester, City of Aspen
Date
)> The following criteria must also be met.
)> A construction fence must be erected along the drip-line of all trees and shrubs on site.
This fence is to be constructed in such a manner that the area inslide the drip-line is
protected An inspection of this fence must be performed before any construction
activities begin.
)> No materials may be stored within this protection area, including but not limited to,
construction backfill, construction traffic, or any other construction materials.
)> No excavation within this area may be preformed without the consent of the City of
Aspen Forester.
)> This permit must be posted on site during the construction process.
)> An on site inspection must be completed and all mitigation must be paid in full, prior to
the release of the Certificate of Occupancy.
dE:~
cep ti / Denied
. . tephen Ellsperman
Deputy Director, City of Aspen
\ .
'~
~-
\ --.-, -
/Si e Date
-- .?J 124/0(
Permit Valid for one year after approval date.
~
EXHIBIT
,
.,.
>>
("'q
f""l\
I
/2
605 EAST MAIFlSTREET
ASPEN, COLORADO 81611
TELEPHONE 9701925-4755
FACSIMILE 970/920-2950
January 14, 2003
Sunny Vann, AICP
Vann Associates, L. L. C.
230 East Hopkins Avenue
Aspen, CO 81611
RE: Tippler Townhomes
Dear Sunny:
The Tippler Townhomes submitted to the City of Aspen, an application for
Building Permit on March 25, 2002. Plan Check and other associated fees paid
t6 the City of Aspen for the processing of the permit application has cost
$9,128.82. Preparation of Construction Documents by architects and engineers
has resulted in fees for professional services exceeding $393,,264.00.
Sincerely,
~4h~0
David Rybak
PrinCipal
'Ii
n
MEMORANDUM
To: Mayor Klanderud and City Council
THRu: Julie Ann Woods, Community Development Director
FROM: Scott Woodford, Planner
RE: TIPPLER TOWNHOMES SuBDIVISION - EXTENSION OF VESTED RIGHTS
RESOLUTION No. _' SERIES 2003
DATE: February 24, 2003
View of the existiog
Tippler Nightclub
and Italian Caviar
Restaurant from the
Silver Queen
Gondola. The
Tippler Townhomes
Subdivision project
proposes demolition
of the nightclub and
restaurant and
replacement with 4
free market
townhomes and 4
affordable housing
units with a sub-
grade parking
structure. This
application proposes
an extension of the
vested property
rights.
APPLICANT:
Aspen Land Fund, LLC, represented by Stlnny Vann orVann Associates
REQUEST SUMMARY: Extension of Vested Property Rights
, L~"I!lQN<,>,.'"
'~5'Bast<.Dem'S'tte'et"".
STAFF, .
RECOMMENDATION:
APPROVAL OF THE EXTENSION OF VESTED RIGHTS REQUEST WITH
CONDITIONS
rl
PROPOSED LAND USE:
The Tippler Townhomes Subdivision proposes the demolition of the existing, but defunct
Tippler Nightclub and Italian Caviar. Restaurant and the replacement with four (4) free
market residential units and four (4) deed restricted units in a multi-family townhome
structure.
REVIEW PROCEDURE:
City Council may, by resolution. at a public hearing, approve an extension of vested property
rights.
BACKGROUND INFORMATION:
The Tippler Townhomes were approved by City Council on May 26, 1998. Subsequent to
this approval, a neighboring property owner filed a Rule 10.6 (a)(4) l:omplaint for judicial
review. The neighbor, who filed the complaint, alleged the approved project: I) violated the
City's open space requirements, and 2) failed to address applicable merger and 8040.
Greenline Review regulations.. Litigation ensued for the following 21 months beginning with
an appeal of City Council's approval to the District Court, where the court upheld City
Council's decision. An attempt to overturn the District Court's decision in the Court of
Appeals failed and an unpublished decision was handed down on March 23, 20.0.0..
The project's original vested rights period expired on May 26, 20.0.1. The applicant at the
time, Sirous Saghatoleslami and Kettle Corporation applied to the City and was approved to
extend his period of Vested Rights to February 26, 20.0.3. This extension reinstated the
twenty-one (21) months that were lost to litigation, as counted from the: original vested rights
period. As part of the Extension Request, the applicant contented that, as a result Of the 21-
month legal process endured by the applicant that began one month after the project's
approval, no development was able to occur and that the litigation was beyond their control.
In accordance with Section 26.30.8.0.10. (C)(2) regarding Vested Property Rights, the city
attorney advised that in order for the applicant to extend their vested property rights status for
the Tippler Townhomes Development, they needed to comply with any additional
amendments made to the Aspen Land Use Code since the original development order was
approved on May 26, 1998 pursuant to Ordinance No.6, Series of 1998. This provision
required that the project comply with Section 26.575.150. regarding Outdoor Lighting.
The previous owner, Sirous Saghatoleslami and Kettle Corporation, submitted a building
permit application for the Tippler Townhomes Subdivision to the City in March of 20.0.2 as a
condition of sale of the property to the Aspen Land Fund, LLC. The, Building Department
.. ..hasc(jmpleted its initial reYiew. of the project and will issue abllIIding permit subject!R~ome ,
i-_minor revisions and payment of fees. The Aspen Land Fund; LLC purchased the Tippler.
Townhomes Subdivision property on July 1,20.0.2.
. .TJ{e.cfurent owner is presently processing a reviseaoevelopmenf appricati'on ror tfie suofect
--l'roperty(which also includes additional surrOlmding property) known as the Residences at
Little Nell. The Aspen Planning and Zoning Commission recently granted conceptual
approval of the application on February 4, 20.0.3 and are awaiting City Council review. The
applicant has stated that they would prefer to construct the Residences at Little Nell project
as opposed to the Tippler Townhomes, however, they are not certain that they will gain
approval for the revised project and, therefore, want to retain the option to build the smaller
proj ect.
2
".....,
STAFF COMMENTS:
Staff supports a one-year extension ofthe vested property rights as opposed to the three year
extension that the applicant requests. In light of the applicant's desire to build the
Residences at Little Nell project, staffis comfortable allowing the applicant reasonable time
with which to process the Conceptual and Final PUD. A one-year extension will make the
new expiration date of vested property rights, February 26, 2004. As the applicant is half
way through the Conceptual PUD process for the larger project, staff feels that one-year to
complete the process is adequate. If, for some unforeseen reason, the applicant is unable to
process the application in that timeframe, they will need to submit for another extension.
Staff findings for the Extension of V ested Property Rights in contained in Exhibit A.
RECOMMENDATION:
Staff recommends approval of the extension of vested property rights for one (1) year to
establish an expiration date of February 26, 2004 for the Tippler Townhomes Subdivision
located at 535 East Dean Street, with the following conditions:
I. That the establishment herein of a vested property right shall not preclude the
applications or regulations which are general in nature and are applicable to all
property subject to land use regulation by the City of Aspen including, but not limited
to, building, fire, plumbing, electrical and mechanical codes. The developer shall
abide by any and all such building, fire, plumbing, electrical and mechanical codes
that are in affect at the time of building permit, unless an exemption there from is
granted in writing.
2. That this newly established expiration date of vested rights of F (:bruary 26, 2004 shall
be granted provided the applicant complies with Section 26.575.150: Outdoor
Lighting - Pursuant to Ordinance 99-47 made to the Aspen Land Use Code on
11/23/99 subsequent to the Tippler Townhomes development's original development
order on May 26,1998 pursuant to Ordinance No.6, Series of 1998.
RECOMMENDED MOTION:
"I move to approve Resolution No. ---' Series of2003, the extension of vested property rights
for the Tippler Townhomes Development located at 535 East Dean Street as originally
approved by Ordinance No.6, Series of 1998 and extended by Ordinance No, 66, Series of
2000. The new expiration date will be February 26, 2004."
.......' ~'..' ""~',"r-<A.'
CITYMANAGER"'S'COMMENTS: >'.,__
3
1"""1
f'<
ATTACHMENTS:
Exhibit A:
Exhibit B:
Extension of Vested Property Rights: Staff Findings
Application
4
I'l
RESOLUTION NO.
(Series of 2003)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A TWELVE (12)-
MONTH EXTENSION OF THE . VESTED. PROPERTYRlGJEItSGRANTEDBY
ORDINANCE NO.6, SERIES OF 1998 FOR THEtIPPlL:f!;RtO'WNIIOMES
DEVELOPMENT APPROVAL AND SUBSEQUENTLYEXTENDJEDFOR21 MONTHS
BY ORDINACE NO. 66, SERIES OF 2000; LOCATED AT 53:5 nEAN STREET, A
PARCEL OF LAND SITUATED IN LOTS L, M, AND N, BLOCK 97, ASPEN
TOWNSITE, LOT 1, TIPPLE WOODS SUBDMSION AND LOT 2, GANNON'S
ENTRY IN THE NW ',4 OF SECTION 18, TOWNSIDP 10 S., R 84 W., OF THE 6TH P.M.,
CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2737-182-96-033
WHEREAS, the Community Development Department received an application from
the Aspen Land Fund, LLC, represented by Sunny Vann, Vann Associates, LLC, for a thirty-
six (36) month extension of vested property rights for Lots L, M, and N, Block 97, Aspen
Townsite, Lot 1, Tipple Woods Subdivision and Lot 2, Gannon's EntIy; and,
WHEREAS, the subject property is located in the Lodge / Tourist Residential Zone
Districts; and,
WHEREAS, City Council adopted Ordinance No.6, Series of 1998, which approved
a GMQS Exemption, Subdivision, and Vested Property Rights status for the Tippler
Townhomes Development until May 26,2001; and,
WHEREAS, City Council adopted Resolution No. 66, Series of 2000, which
approved a twenty-one (21) month extension of the Vested Property Rights, or until February
26, 2003; and,
WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use
Code, City Council may grant an extension of vested rights for up to thn~e years after a public
hearing is held and a resolution is adopted; and,
WHEREAS, the Community Development Director has reviewl~d the application and
recommended approval of a twelve (12) month extension of vested rights, until February 26,
2004 for Lots L, M, and N, Block 97, Aspen Townsite, Lot 1, Tipple Woods Subdivision and
Lot 2, Gannon's EntIy finding that the review criteria have been met; and,
WHEREAS, the Aspen City Council has reviewed and consid,::red the extension of
"-->< ~i <'-- T -"- T.M -' 1>Ii'''''1i"._'',;.':''''''~,,,,,,;,,, "" .. - :":"..:'".....,,.~1i_rni__-'"-,:
ves"""'~sn...i M.' """"""""'~ 'Ii. an...,,,,,'..,.,.,.,,..i'~'\.rl.>p-"';.f.th,,.,,,.l'ef .::ot, ",. ;'pP"': ...-.,.,..'
Sl,lbdivision and Lot 2, Gannon's EntIy under the applicable provisions of the Municipal Code
as identified herein, has reviewed and considered the recommendation of the Community
Development Director, and has taken and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that a twelve (I2)-month extellsion of vested rights
proposal meets or exceeds all applicable land use standards and. that the approval of the
extension of vested rights proposal, with conditions, is consistent with the goals and elements of
the Aspen Area Community Plan; and,
A
A
,
WHEREAS, the City Council finds that this Resolution furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
ASPEN, COLORADO, THAT:
Section 1:
The Aspen City Council does hereby approve a twelve (12) month extension of
vested rights, until February 26, 2004, for Lots L, M, and N, Block 97, Aspen
Townsite, Lot I, Tipple Woods Subdivision and Lot 2, Gannon's Entry for the Tippler
Townhomes Development with the following conditions:
1. That the establishment herein of a vested property right shall not preclude the
applications or regulations which are general in nature and are applicable to all
property subject to land use regulation by the City of Aspen including, but not limited
to, building, fire, plumbing, electrical and mechanical codes. The developer shall
abide by any and all such building, fire, plumbing, electrical lmd mechanical codes
that are in affect at the time of building permit, unless an exemption there from is
granted in writing.
2. That this newly established expiration date of vested rights of February 26,2004 shall
be granted provided the applicant complies with Section 26.575.150: Outdoor
Lighting - Pursuant to Ordinance 99-47 made to the Aspen Land Use Code on
11/23/99 subsequent to the Tippler Townhomes development's original development
order on May 26, 1998 pursuant to Ordinance No.6, Series of 1998.
Section 2:
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 3:
This Resolution shall not effect any existing litigation and shaIl 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 undt;!"s)lph prior ordinances. ,
(,A.JlL.; '. :;,j.,..,,;<,',)' ;,;;""",':,')r!;'~,';:~'.',, .,. ~,', ,\'i""":",,,~,,:.t/r\)~;?,
Section 4:
IflltlyseciiQn,;s~~~,seii~:c;l~~pm.aS~:~r;PQ~on:()ftlUsRes()futi()n; lsfor
"",.u, any reason held invalid or unconstitutional in acourtolcoIIlpetent jUrisdlcti6n, sucn'
. portion shall be deemed a separate, distinct and independent provision and shall not
affect the validity of the remaining portions thereof.
. Section 5:
A dilly noticed public hearing on this Resolution was held on the 24'" day of February,
2003, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
6
f""\
n
FINALLY, adopted, passed, and approved this 24th day of February, 2003.
Approved as to form:
Approved as to content:
John Worcester, City Attorney
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
, "~".'" ....,'-.",...~,...".,' ........,,"..~".
-,-'".(.,,,,
7
f"'1
~
I
EXHIBIT A
EXTE~SION OF VESTED RIGHTS: STAFF FINDINGS
SECTION 26.308.010 VESTED PROPERTY RIGHTS: Extension or Reinstatement of Vested
Rights. In reviewing a request for the extension or reinstatement of a development order and
associated vested rights, the City Council shall consider, but not be limited to, the following
criteria:
a. The applicant's compliance with any conditions requiring performance prior
to the date of application for extension or reinstatement;
STAFF FINDING:
There are not any conditions contained in the Subdivision Agreement specifically
requiring performance prior to the date of application for extension or reinstatement.
b. The progress made in pursuing the project to date including the effort to
obtain any other permits, including a building permit, and the expenditures
made by the applicant in pursuing the project;
STAFF FINDING:
The applicant has adequately addressed the majority of the conditions of approval
required to be satisfied prior to issuance of a building permit. A building permit
application was submitted to the Building Department on March 25, 2002 and the initial
review by the Department has been completed. According to the Building Department, a
permit will be issued upon submission of minor revisions to the project's architectural
drawings, the deed restrictions of its affordable housing units and the payment of the
applicable building permit, utility and impact mitigation fees. According to a letter
submitted by the project architect, the applicant has spent approximately $400,000
towards securing a building permit. About $393,000 of that amount is fees for
construction drawings with the remaining in permit application fees.
c. The nature and extent of any benefits already received by the City as a result
of project approval such as impact fees or land dedicatioIls;
STAFF FINDING:
A small, non-contiguous parcel of land was dedicated to the City for right-of-way
purposes as a condition of subdivision approval. Prior to issuance of a building permit,
the applicant will pay required Park Impact Fees.
d. The needs of the City and the applicant that would be served by approval of
the extension or reinstatement request.
STAFF FINDING:
The Aspen Area Community Plan (AACP) specifies that the development of affordable
housing within the traditional town site should be encouraged. Infilll projects, such as the
Tippler Townhomes Development, can preserve and enhance a sense of community. The
City's policy towards affordable housing specified in the AACP includes the provision of
800 to 1,300 additional affordable housing units within the Aspen Community Growth
Boundary. Therefore, the City stands to benefit from the creation of the four (4)
t'"1
additional deed restricted units served by approval of this extension request as proposed
in the Tippler Townhomes Development.
In addition: the applicant is currently processing an amended development plan, which is
proposed to include the subject site. The amended plan, known as the Residences at
Little Nell, calls for a 3D-unit timeshare lodge with a commercial component and
development of apres ski decks and restaurant and bars. Staff finds that the Residences at
Little Nell project would be more beneficial and better serve the needs of the City than a
four unit, free market townhouse project because it would provide more "hot beds" to the
community and, therefore, more guests and revenue to the comm1mity. The applicant,
however, has not yet received approval for the amended development plan and will not
prior to the expiration of the approval for the Tippler Townhomes Development. The
applicant states that they need the extension of the Tippler Townhomes approval in case
the larger project does not secure its approval, in which case they would build the Tippler
Townhomes project. Staff prefers that the applicant construct th.: Residences at Little
Nell project and believes that, by allowing the applicant more time to process that
application while retaining a valid approval for the backup project, the needs of both the
City and the applicant would be met as the above criteria requires.
9
-:I"i\
< I:"
~
'/
~~
r",.
("1,
. '"
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (El, ASPEN LAND USE CODE
ADDRESS OF PROPERTY: -r; trlvP1/' -/ $WIIt ~OuA.~'>,Aspen,CO
SCHEDULED PUBLIC HEARING DATE: '-7;/29;10'3 . ,200_
_ Postirlgofnotice: By posting of notice, which form was obtained from~he
,.Qo!lJ!Ilunity Deyelopment Department, which was made of suitable, r
,(.;o/aterproofmaterials, which was not less than twenty-two (22) inches wtde
.. aild twenty-six (26) inches high, and which was composed ofletters not -
l~ss than one inch in height. Said notice was posted at least fifteen (15) days
(~rior to the public hearing and was continuously visible from the _ day of
.." c::. , 200_, to and including the date and time of the public
hearirig~..1 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) tays prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi-governmental agency that
owns 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)
~
,1-'
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or anlended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be anlended, 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 nanles and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such anlendments.
~. .~.~vII:
gnature
The ~g.Ring "Affidavit of Notice" was aClmowledged bef~s -:;+-fl-day
of :r~;?, , 200~ by -.Jc~ J;-,~ ,
"""""'."""'P'OB(le'I\{b!IC'E':~""'~'" ;;;;,,~;..,~
RE' TJPPL'ERT9W~OMFs 5UBDMSIOI':l " '.
, NotICE IS, REBY GlVEN}hat a publIC,
hearing will be he on Mondll;Y' Februar~ 24th,at
a meeting to begi at 5:00 p.m. before the Aspen
City cciundC Cou, cil Chambe~s;, eit)' Hal~, 130 S,
Galena St., Aspen, 0 considef(ln apppcatl~ns~!?:.
mftted'h)i' ASpen Land Fund:, ~LCrequestm~ aP':
pro~al for an Extension 01 Vested P_ropert)' Rlg~ts
to construct four(4)i'r~E(markettbwr\hOl1}f:}f.?I\t
and jour' (4)afforaablehousing units. rr~_s;~,
jed' 'propert~l~' JO~~ed/~~:ri~:;:~~th:r~:
homes SubdIViSIon, I yO,' ',' ", '^C....,t'x'.'(^
':'ii.'cl)ntac{'Scott Woodford <It the. lO
. formatlo. ,:, '^"~'>"""tr~"l ""'ent Department, 130
Aspen Community eve op~O (970)' 920-5102,
S. Galena. St., . Aspen,
scottwl1!i('\~pen.co.;!: slHelen KlancleIU~'~<l."yo.r
Aspen CityCOtl1l'CJI
Published in T~e, As en Time~,gn,f~e~~l):.~'
2003.(0053) ,." ,.
WITNESS MY HAND AND OFFICIAL SEAL
'f/w,;J-:x53
.......
n=
, ~.~ ...
\:" ".
~.)' '.;
S/'RAH
OATeS
My c.o~:{.:xPires:
c;:.
Notary Public
ATTACHMENTS:
IPY OF THE PUBLICATION
"OF THE POSTED NOTICE (SIGN)
-,,,.__._------:---~.__.-
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL