HomeMy WebLinkAboutlanduse case.AP.100 N 8th St.A60-97
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MEMORANDUM
FROM:
Stan Clauson, Community Development Director
Julie Ann Woods, Deputy DirectoC'Jf .
Mitch Haas, Planner,4.Jk- , U .
Second Amendment to the Plat of the Villa of Aspen Townhouses
TO:
THRU:
RE:
DATE:
August 7,1997
The Villa of Aspen Townhouses Association has applied for an insubstantial plat
amendment for the Villa of Aspen Townhouses. The plat amendment is
requested for the sole purpose of reflecting the already built changes/additions to
the condominium units, generally created by enclosing the original decks and
creating new decks, Due to the changes that were constructed, the plat
currently on file with the City is inaccurate, The requested amendments will
result in the recordation of an accurate plat.
This amendment is being requested in order to reflect the changes that were
approved and constructed, The applicant is now in the process of selling one or
several of the units on the property and wants to make sure the legal record
accurately reflects the actual property. The application was referred to the
Engineering Department, who examined the proposed plat and found it to be
acceptable as submitted. The application is consistent with an insubstantial
amendment to a subdivision order, pursuant to Section 26,88,060, and there are
no other land use issues involved.
Staff recommends that the Community Development Director approve this
insubstantial amendment with the condition that the applicant submit two (2)
signed mylars and a recording fee of eleven dollars ($11) to the City Engineering
Department.
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APPROVED:
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CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
DATE: g rS'-11-
PLANNER:
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Subdivision exemption for Condominiumization
:Pu.D
PROJECT:
REPRESENTATIVE:
OWNER:
TYPE OF APPLICATION:
DESCRIPTION:
Land Use Code Section(s)
26.88.070 Condominiumization
26.52 Development Review Procedures
26.52.030 Application and Fees
Public Hearing:
Referral Agencies:
Planning Fees:
Referral Agency Fees:
Total Deposit:
Staff for complete application, referral agencies for technical considerations, Community
Development Director for final approval.
No.
Engineering (ORC)
Planning Flat Fee $245
Enginering, minor ($110);
$355
Review by:
To apply, submit the following information:
I. Total deposit for review of the application
2, Signed fee agreement
3, Proof of ownership
4, Applicant's name, address and telephone number in a letter signed by the applicant, which also states the name,
address and telephone number of the representative, Include street address and legal description of the property,
5, Summary letter explaining the request (existing conditions and proposed uses) and addressing the standards of
the Land Use Code sections listed above,
6, An 8 112" by 11" vicinity map locating the parcel within the City of Aspen,
7, Old (existing) plat. (from City Engineering or County Recorder)
8, Proposed plat from a registered land surveyor,
9, Copies of prior approvals (from City Clerk)
10. -L-Copies of the complete application packet (items 3-9)
Process:
Apply, Planner reviews case for completeness and sends to Engineering, 2-3 weeks later planner will contact applicant
with the. suggestions from Engineering for preparation of the Final Plat. The applicant's surveyor makes those changes
and brings in 2 reproducible mylar copies to the planner, Planner reviews plat for consistency with Engineering
suggestions and the Director signs, Applicant then can record the final plat at the County Clerk and Recorder (fee),
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Uillas of Aspen Townhouse Association
188 N. 8th Street #2
Aspen, CO 81611
July 9, 1997
City of Rspen
Engineering Department
138 South Galena Street
Aspen, CO 81611
To whom it may concern:
I am bringing in a plat showing the improuements to each of
the 36 units in the Uillas of Aspen Townhouse compleH. We
were giuen the land use approual in 1989 and one of the
stipulations required each owner to resuruey the improued
unit. There are seueral units which remain unimproued.
We are ask:ing the City to reuiew and approue these
measures. We will then tak:e the work: to the Clerics office
and haue each unit recorded.
Thank: you in aduance for your time and consideration.
Should you haue any questions about the material, please
call me.
Nancy Hinrichs
Resident Manager
Uillas of Rspen Townhouse Rssociation
925-7614
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 3/9~89
DATE COMPLETE: ,,~oa..;.. 'b''I
PARCEL ID AND CASE NO.
16A-89
STAFF MEMBER: /YL
PROJECT NAME: Villa of Aspen Townhouses Insubstantia1 POD
Amendment
Project Address:
Legal Address:
APPLICANT: villa of Aspen Townhouses
Applicant Address: Box 9166 Aspen. CO 81612
REPRESENTATIVE: Chuck Frias. Director
Representative Address/Phone:
::fb i ~.O'O NO. OF
1 STEP: ~
COPIES RECEIVED:
1
PAID: (YES) NO AMOUNT:
TYPE OF APPLICATION:
P&Z Meeting Date ~\--\
2 STEP: Co'^-0
PUBLIC HEARING:
YES
@
@
~
@
PUBLIC HEARING:
YES
CC Meeting Date
'-\ \\ 0
VESTED RIGHTS:
YES
VESTED RIGHTS:
YES
8;
Planning Director Approval:
Insubstantial Amendment or Exemption:
ex
Paid:
Date:
REFERRALS : "'~ ~<l
City Attorney
~' City Engineer
Housing Dir.
Aspen Water
City E1ectric
Envir. Hlth.
Aspen Consolo
S.D.
Mtn. Bell
Parks Dept.
Holy Cross
Fire Marshal1
Building Inspector
Roaring Fork
Energy Center
School District
Rocky Mtn Nat Gas
State Hwy Dept{GW)
State Hwy Dept{GJ)
Other
DATE REFERRED:
INITIALS:
FINAL ROUTING:
DATE ROUTED:
INITIAL:
___ city Atty ____ City Engineer ___ Zoning
_ Housing Other:
Env. Health
FILE STATUS AND LOCATION:
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VILLA OF ASPEN TOWNHOUSES
BOX 9166
ASPEN, COLORADO 81612
March 1, 1989
Mr. Allan Richman
Director Aspen/Pitkin County Planning Office
130 S. Galena
Aspen, Colorado 81611
Dear Allan:
I am formally requesting the reconsideration of the PUD
application previously approved for the Villa of Aspen Townhouses.
Last summer we applied for an amended POD to allow for the
enclosure of some of the Villa unit's balcony areas. This
application was approve by P & Z and the City Council under certain
conditions and has expired while we have worked to comply with the
conditions.
One of the conditions was that we obtain proper owners approval
for this PUD application and associated renovations. This required
amending our declarations and that required 100% mortgagee
approval. We have had a hard time reaching the mortgagees to
accomplish this. We are now two approvals short of having
compliance with this requirement of our condominium declarations,
previously over 85% of our owners have approved this declaration
change as called for in our association documents.
We are in the process of revising the plat to comply with the
previous PUD application approvals and agree to the other terms as
noted in the City Council approval.
We appreciate you help in expediting the reconsideration and
approval of our PUD application. We hope to commence with
construction on our project by mid-May of 1989. Please let me know
if there is anything else I can provide for you to obtain the
proper approvals for our project.
Sincerely,
~,
Chuck Frias
Director
CF/jlp
cc; Welton Anderson
Steve Wickes
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BOOK59'Z !"AGE 39
FIRST AMENDMENT TO CONDOMINIUM DECLARATION FOR
VILLA OF ASPEN TOWNHOUSES ASSOCIATION. INC.
The Condominium Declaration for villa of Aspen Townhouses is
hereby amended, pursuant to, and in accordance with, ,Article XVIII
of said condominium Declaration recorded in Book 268 at Page 81,
et seq. of the records of the Pitkin County, Colorado, Clerk and
Recorder, which amendments have been approved by the Owners
representing an aggregate ownership interest of eighty-five (85%)
percent or more of the Condominium Units, as reflected in the real
estate records of Pitkin County. Colorado, and by all of the
holders of any mortgage appearing in such records and covering or
affecting any. or all of the Condominium Units. The following
articles and sections of said Condominium Declaration are hereby
forever replaced and superceded as hereinafter set forth:
section 5.2: Limited Common Elements. Limited Common Elements
shall consist' of balconies, decks, patios, terraces, exterior
stairways and any yard or yards appurtenant to, and associated
with, a particular Townhouse Unit and identified on the Condominium
Map with the same number by which such Townhouse Unit is identified
on the Condominium Map, and any individual heating equipment
appurtenant to, and used in connection with, a particular Townhouse
Unit. The Limited Common Elements shall be used in connection with
a particular, Unit to the exclusion of the use thereof by the other
owners of Common Elements except by invitation. Notwithstanding
the foregoing, each Owner shall have the right to convert his
balcony, deck, patio, or terrace from a Limited Common Element to
a portion of the Townhouse Unit by total enclosure of the same
constructed in, accordance with plans and specifications first
approved by the Association, which approval shall not be unreason-
ably withheld. Such plans and specifications must be in conformity
with the requirements for all enclosures which shall be established
by the Association before any Owner shall have the right to convert
the Limited Common Element ,to part of the Townhouse Unit.
Following substantial completion of the construction of each such
enclosure and prior to issuance of a certificate of occupancy
therefor, the Owner shall cause to be prepared a supplement to the
Condominium Map in accordance with the requirements of the
Condominium Declaration and Colorado Condominium ownership Act and
shall cause the same to be filed for record with the Pitkin county
Clerk and Recorder. Upon such recording the conversion from
Limited Common Element to Townhouse Unit shall be complete. An
Owner's rights and obligations with respect to the project shall
not be increased, diminished, or in any way affected by such
conversion of a Limited Common Element to part 0:&: thE\" Townhouse
Unit. ~ =< W
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BO~K 5H! '11~1iE ,40
This First Amendment to condominium Declaration for Villa of
A~~~ouses A~S~~~~~ion, Inc. is executed on this ~ day of
ATTEST:
VILLA OF ASPEN TOWNHOUSES
ASSOCIATION, INC., a Colorado
Corporation 2
By: Q~~{ ~~~i
President
~MdJ~~,
ecretary
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
.
The foregoing First Amendment to Condominium Declara-
tion of Villa of Aspen Townhouses Association, Inc. was
aCknOWled,g;e, d M, :t:q,!r,e~, ~ this. day of tn~ . '
1989 by PIG-- presldent
and An (l k.dA ,; , - - as secretary
of Villa of Aspen Townhouses Association, Inc., a Colorado
corporation.
WITNESS my hand and official seal.
My commission expires:
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CASELOAD SUMMARY SHEET
City of Aspen
!
DATE RECEIVED: 3/9/89
DATE COMPLETE: 3/,;a/!?'}
PARCEL ID AND CASE NO.
16A-89
STAFF MEMBER: /Y1f-
PROJECT NAME: villa of Aspen Townhouses Insubstantial PUD
Amendment
Project Address:
Legal Address:
APPLICANT: villa of Aspen Townhouses
Applicant Address: Box 9166 Aspen. CO 81612
REPRESENTATIVE: Chuck Frias. Director
Representative Address/Phone:
PAID: ~NO
AMOUNT:
1ft (fO ,ern
NO. OF
COPIES RECEIVED: 1
2 STEP: ~'
TYPE OF APPLICATION:
P&Z Meeting Date tf I t.f
1 STEP:
PUBLIC HEARING:
YES
NO
VESTED RIGHTS:
YES
NO
CC Meeting Date
Cf/lo
PUBLIC HEARING: YES
NO
VESTED RIGHTS:
YES
NO
Planning Director Approval:
Insubs~ntial Amendment or Exemption:
ex
Paid:
Date:
REFERRALS: ~
City Attorney
City Engineer
Housing Dir.
Aspen Water
city Electric
Envir. Hlth.
Aspen Consolo
S.D.
Mtn. Bell
Parks Dept.
Holy Cross
Fire Marshall
Building Inspector
Roaring Fork
Energy Center
School District
Rocky Mtn Nat Gas
State Hwy Dept{GW)
State Hwy Dept{GJ)
Other
DATE REFERRED:
INITIAIS:
FINAL ROUTING: DATE ROUTED: ~//'1/R J INITIAL: ~.i-
-L... City Atty ~ city Engineer ___ Zoning Env. Health
___ Housing Other:
FILE STATUS AND LOCATION: /~, /!.&/L -
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Case Disposition
The PUD Plat for the Villas of Aspen Townhomes was reconsidered
by the P&Z on April 4 and the Aspen city Council on April 10.
Both bodies approved this item on their consent agenda. The
original conditions of approval, attached hereto, remained
unchanged and no new conditions were added to the project.
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CASE DISPOSITION
Villas of Aspen Townhouses PUD Amendment approved with the
following conditions:
o Any landscape material destroyed during construction
will be replaced with comparable or better material.
o
Prior to
applicant
Engineering
conforms to
the issuance of a bui~ding permit the
shall, to the satisfaction of the
Department, submit a Final Plat which
the requirements of the Municipal Code.
o Prior to issuance of a Building Permit the Applicant
shall provide a resolution of the Board of Directors
approving the Plan as submitted.
o The proposed carports are not approved and must be
deleted from the amended plat.
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MEMORANDUM
TO:
Aspen City Council
Alan Richman, planning
Director ~ ~
FROM:
RE:
Reconsideration of Villa of Aspen Townhomes PUD
Amendment- Consent Agenda Item
DATE:
March 27, 1989
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On July 25, 1988, the Aspen city Council granted final approval
to a PUD Amendment application for the Villa of Aspen Townhomes.
The principal purpose of the amendment was to permit enclosure of
some of the project's balconies.
It has been more than 180 days since this approval was granted
and the revised PUD plat has not been recorded. The applicant
explains that this delay has been due to having to obtain
approval of 100% of the proj ect' s mortgagee's. Pursuant to
section 7-906 of the Aspen Land Use Regulations, the approval has
expired and must be reconsidered by the P&Z and City Council.
There have been no significant changes in community conditions or
regulations which would require that the prior approval be
revised or overturned. Therefore, we recommend that Council
consent to staff I s recommendation that the approval be granted
anew, with the same conditions as were previously applied" which
are listed on the attached case disposition sheet. This action
would be consistent with that of the P&Z, which recommended on
April 4 that the reconsidered project be approved.
villas
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CASE DISPOSITION
villas of Aspen Townhouses PUD Amendment approved with the
following conditions:
o Any landscape material destroyed during construction
will be replaced with comparable or better material.
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o
Prior to
applicant
Engineering
conforms to
the issuance of a building permit the
shall, to the satisfaction ,of the
Department, submit a Final Plat which
the requirements of the Municipal Code.
o Prior to issuance of a Building Permit the Applicant
shall provide a resolution of the Board of Directors
approving the Plan as submitted.
o The proposed carports are not approved and must be
deleted from the amended plat.
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Standard Application Package
Staff Approval Applications
Attached is a Development Application package for submission of your application. Included in
this package are the following attachments:
I. Development Application Fee Policy and Fee Schedule
2. Application Form
3. Description of Minimum Contents of Development Application
4. Description of Specific Contents for Submission of your Application (insert appropriate
attachment)
5. Copy of Review Standards for Your Application (insert appropriate attachment)
6. General Summary of Your Application Process (insert appropriate attachment)
Generally, to submit a complete application, you should fill in the application form and attach to it
that written and mapped information identified in Attachments 3 and 4. Please note that all
applications require responses to the review standards for that particular development type. The
standards for your application are listed in Attachment 5.
We strongly em:ourage all applicants to hold a pre-application conference with a Planning
Office staff person so that the requirements for submitting a complete application can be
fully described to you.
Please also recognize that review of these materials does not substitute for a complete review of the
Aspen Land Use Regulations. While this application package attempts to summarize the key
provisions of the Code as they apply to your type of development, it cannot possibly replicate the
detail or the scope of the Code. If you have questions which are not answered by the materials in
this package, we suggest that you contact the staff member assigned to your case or consult the
applicable sections of the Aspen Land Use Regulations.
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ASPEN/PITKIN
COl\lIMUN1TY DEVELOPlVlENT DEP ARTNIENT
City of Aspen Development Application Fee Policy
The City of Aspen, pursuant to Ordinance 53 (Series of 1995), has established a
fee structure for the processing of land use applications. A flat fee or deposit is
collected for land use applications based on the type of application submitted.
Referral fees for other City departments reviewing the application will also be
collected when necessarv. One check including the deoosit for Planning and
referral agency fees must be submitted with each land' use application. -made
payable to the Aspen/Pitkin Community Development Department. Applications
will not be accepted for processing without the required application fee.
A flat fee is collected by Planning for Staff Approvals which
minimal and predictable amount of staff time to process.
refundable.
normallv take a
The fee is not
A deposit is collected by Planning when more extensive staff review is required.
as hours are likely to vary substantially from one application to another. Actual
staff time spent will be charged against the ueposit. After the Jeposit has been
expended. the applicant will be billed monthly based on acrual staff hours.
Current billings must be paid within 30 days or psocessing of the application will
be suspended. If an applicant has previously failed to pay applic:ltion fees as
required. no new or additional applications wil! be accepted for processing until
the"outstanding fees are paid. In no case will Building Permits be issued until all
costs associated with case processing have been paid. After the tinal action on
the project. any remaining balance from the ueposit will be refunded to the
applicant.
Applications which require a deposit must indude an Ag:reement for Pavment of
Development Application Fees. The Agreement est:.lblishes the applicant ::lS being
responsible for payment of all custs associated with processing the application.
The Agreement must be signed by the party responsible for payment and
submitted with the application in order for it to he accepted.
The complete fee schedule for land llse applications is listed on the reverse side.
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ASPEN/PITKIN
COMlVIUNITY DEVELOPMENT DEPARThIENT
Agreement for Pavment of City of Aspen Development Aoplication Fees
CITY OF ASPEN (hereinafter CITY) and
(hereinafter APPLICANT) AGREE AS FOllOWS:
-
1. APPLICANT has submitted to CITY an application for
(hereinafter, THE PROJECT).
2. APPLICANT und~rstands and agrees that City of Aspen Ordinance
No. 53 (Series of 1995) establishes a fee structure for Planning applic:ltions 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 Olt 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 APPLICANT on a monthlv basis. APPLICANT agrees he will be
benefited by retaining greater cash liq~idity 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 certaintv of recovering its full
costs to-process APPLICANT'S application~ . -
4. CITY and APPLICANT further agree that it is impracticable for
CITY staff to complete processing or present sufficient information to the
Planning Commission and/or Citv 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.
,~. 1\:t'J7IalMENT ~
i .J USE APPUcro:'ICN FORM
~
J.) Project Nane
2) Project location
(:irxticatc street address, lot & block: number, legaJ. d=ipticn 'Nhere
ap!?roprL :::e)
3)
Present Zonirq
4) tot size
S) Apr;llicant's Name, MdI:ess & Blcne i
6) Represe....ltative.S Name, AddJ:ess & Blcne ~
7) TyJ;:e of Apr;llication (please checlc all that at=l?ly) :
_ eon:litional Use
~ Sl'A
~..rel. Sl'.1\
_ C:.mce;?t=l H.Ls'-...oric Lev_
_ SJ?ElCial Review
_ Final His'-..oric J:e<T.
_ 8040 Grae."'l1.ine
~:roD
~..rel. :roD
Miner His'-..oric D:..-'V_
_ st::'eam Margin
_ H.Ls'-..oric CeDoliti=
Mountain View Plane SUl:divisi=
- -
_ H.Ls'-..oric Cesignation
_ eorrlcminiumizati= _ Text;Map lIme.rrlIrent
_ tot SplitjIDt: Line
- 2\dj ust::e."It
_ ~ .A1J.ct;:ent
G1:S E:=tian
- -
8)
Des=.iptian
ap;;lrcx.imat:e
P1:Ol?=---ty) .
of Exis'"...in;; Uses (l"2JlIi::ler ani type of elCis'-..:in3' ,.;....:.x:tm:es;
sq. ft.; I'U:lCe::: of kll.~; any previ= ap;;lr=lls granted to t.'1e
9) Cesc:::"iption of J:e<..elq;:m:."It A!;:!?lication
~.s.'
10) Hav~ y= attached the follor..-ing~
R=nse to At'"...actme.'1t 2, Mini= SllMnl<:..,;ian Contents
~ to At'"...adm:errt: 3, Specific $1IMn;.,.,ion Contents
_ Response to At'"...ad:m:e.'1t 4, Review' St:ardanls for Y= ~lication
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A'l"l'ACHMENT J
Minimum submission Contents for All Development Applications
All Development Applications shall include, at a minimum,
the following information and materials.
1. The applicant's name, address and telephone
number, contained within a letter signed by the
applicant stating the name, address, and telephone
number of ~~e representative au~~orized to act on
behalf of the applicant.
2. The street address and legal description of the
parcel on which the development is proposed to
occur.
3. A disclosure of ownership of the parcel on 'Nhich
the development is proposed to occur, consisting
of a current certificate from a title insurance
company, or attorney licensed to practice in the
State of colorado, listing the names of all owners
of the property, and all mortgages, judgments,
liens, easements, contracts and agreements
affecting the parcel, and demonstrating the
owner's right to apply for the Development
Application.
4. An 8 1/2" x 11" vicinity map locating the subject
parcel wi~~in the City of Aspen.
5. A' wri tten description of the proposal and an
explanation in 'Nritten, graphic or model for:n of
how the proposed development complies with the
review standards relevant to the Development
Application.
attach2.applications
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26.88.050
E. Recordation. The subdivision exemption agreement and plat shall be recorded in the office of the
Pitkin County clerk: and recorder. Failure, on the part of the applicant to record the pial: within a period of
one hundred eighty (180) days following approval by the city <:ouncil shall render the plat invalid and reconsidera-
tion of the plax by the commission and city council will be required by for a showing of good cause. (arc!.
No. 22-1995, 9 19; Code 1971. 9 7-1005)
26.88J160 Amendment to subdivision development order.
A. Insubstantial amendment. An insubSt311lial amendment to an approved plat or between adjacent
subdivision platS may be authorized by the Community Development Director. An insubstantial amendment
shall be limited to technical or engineering considerations fust discovered during actual development which
could not reasonably be anticipated during the approval process. or any other minor change to a plat which
the Community Planning Director finds has no effect on the conditions and representations limiting the approved
plat. -
B. Other Amendment. Any other amendment shall be approved by the city council. provided that the
proposed change is consistent with the approved plat. If the proposed change is not consistent with the approved
piat. the amendment shall be subject to review :JS a new development application for piat.
C. Plat vacarion. Vacarion of an approved piat or any other document recorded in conjunction with
a plat shall be considered a plat amendment. and shall oni y be approved by the city council if good cause
is demonsrrared. (Ord. No. 22-1995, ~ 20: Code 1971. !l 7-1006)
26.88.070 Condominiumization.
A. GeneraL Where a proposed deveiopment is to include a condominium form of ownership, or if
an existing development is to be convened !o a condominium form of ownership, in whole or in part. a
condominium subdivision exemption plat reIlecting all condominiumized units. orthat portion of the de'/elopment
to be condominiumized. shall be submic:ed co the planning director for review and approval :JS a subdivision
exemption pursuant to the terms and provisions of this ~ection.
B. 'Procedure. A development applic:uion for a condominiumizaIion shall be reviewed pursuant to the
procedures and standards in this section and Common Procedures. Chapter 26.52.
1. Contents of Application. The contents of a development applicarion for a condominium or
condominiumization shall include the following:
a. The general application information required in Common Procedures. Section 26.52.030.
b. A condominium subdivision exemption plat drawn with permanent ink on reproducible mylar. Sheet
size shall be twenty.four (24) inches by thirty-six (36) inches with an unencumbered margin of one and one-half
(1-1/2) inches on the left hand side of the sheet and a one-half (1/2) inch margin around the other three (3)
sides of the sheet. It shall include:
(I) Accurate dimensions for all lines. angles and curves used to describe boundaries. streetS. setbacks.
alleys, e:JSementS. stnlcrores. areas to be reserved or dedic:u:ed for public or common use and other important
featUres. All curves shall be cirt:ular arcs and shall be defined by the radius. centI:ll angle. tangent, arc :md
chord distances. All dimensions. both linear and angular. are to be determined by an accurate control survey
in the field which must balance and close within a limit of one (1) in ten thousand (10,000),
(2) The plat shall be drawn at a scale of one (1) inch equals one hundred (100) feet or larger. Architeaural
scales are not acceptable. If it is necessary ro place the plat on more than one (1) sheet. an index shall be
included on the first sheet. A vicinity map shall also appear on the first sheet showing the condominium project
as it rel:u:es to the rest of the city and the street system in the area of the proposed condominium.
("'!>'" 10/95)
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26.38.070
(3) A description of all survey monuments. both found and set. which rIllIIk the boundaries of the
subdivision. and description of all monumentS used in condncting the survey. The Colollldo Coordinare System
may be used.
(4) A statement by the land surveyor explaining how bearings. if used. were derem1ined.
(5) A certificate by the registered land surveyor as to the :JCCUIaCy of the survey and plat. and a staIelIlem
that the survey was performed in accordance with Colorado Revised Stallltes 1973. Title 38. AIticle. 51. as
amended from time to time.
(6) A certific:lte by a corporate title insurer. that tile pezson or person dedicating to the public the public
rights-of-way. areas or facilities as shown thereon are the owners thereofin fee simple. free and clear of all
liens and encumbIllnces.
(7) Certificares showing approval of the final plat by the City Engineer and Planning Director~
(8) A certific:lte of filing for the Pitkin County Cleric and Recorder.
(9) Copies of any monument records required of the land SUIVeyor in accordance with Colorado Revised
Statures 1973. Title 38. AIticle 53. as amended from time to time.
2. Recordation. The approved condominium subdivision exemption plat shall be recorded in the office
of the Pitkin County Cleric and Recorder within one hundred eighty (180) days of its approvai by the planning
director. Failure on the part of the applicant to record the piar within one hundred eighty (180) days foHowing
approval by the planning director shall render the plat invalid and a new application and approval will be
required.
~. Subdivision Exemption Agreement. No subdivision exemption agreement need be prepared or entered
into ber.veen the applic:mt and the city pursuant to a condominium or condominiumizalion approval unless
the planning direCtor determines such :m agreement is necessary.
4. Minimum Le3Se Deed Restriction. Minimumle3Se deed restrictions imposed by the Cry Council
as a condition of condominiumizaIion approval prior to July 1. 1992. shall only be modified or removed with
the consent of the City CounciL (Orti. .'10.6-1989. g 9: Om. No. 1-1990. g 7; Orti. .'10.53-1993. J 1; Code
1~71. g 7-1007)
26.88.080 Timeshare.
A. Applicability. In addition to the other applicable requirements set forth in this chapter and required
by state law. the requirements of this section shall appiy to all timeshare development in the City of Aspen.
B. Zone Districts in which timeshare shall be permitted:
1. Timeshare shall be allowed only as a conditiOnal use in the Lodge/Tourist Residential (L;TR). Lodge
Preservation (l.P). Commercial Core (CC). and Commercial Lodge (CI..) zone districts. requiring a development
ortier for a conditional use in accord:mce with the procedures and requirements of Chapter ::6.60. Timeshare
shall also require subdivision approval pursuant to this chapler. To the extent practicable. subdivision and
conditional use approval shall occur simultaneously.
C. Standards applicable to all timeshare. In Jddition to those standards and review criteria generally
pertaining to subdivision. the following shall also be complied with in a timeshare development:
1. Right-to-use. Right-IO-use timeshare concepts (e.g. lease-holds. vac:uion Clubs) are considered
inappropriate and not in the city's best interest in that they are not regulated by real estate laws and are the
most abused form of timeshare.
2. Integration. Timeshare must be conducted in all residential unlts of a proposed development or
not at all. Mixing timeshare with other less intensive uses is undesirable as a toUrist use. and is incompatible
with residential uses or less intensive tourist uses.
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Attachment 6
General Summary of Staff Approval Application Process
Development Review Procedure Summary: The zero step staff approval application process can
be described as follows.
Stage One: Attend pre-application conference. The purpose of this one-on-one meeting
with staff is to determine whether your development proposal Can be processed at the staff level and
if so, to identify the materials staff will need t.o review your application.
Stage Two: Submit development application. Based on your meeting with staff, y.oU
should respond to the appropriate perti.ons .of the applicatien package and submit the requested
number of copies of a cemplete applicati.on, with the apprepriate precessing fee, t.o the Planning
Office.
Stage Three: Determination of Completeness. Within five werking days .of the date .of
yeur submissien, the applicatien package will be reviewed by a member of the staff. You will be
netified in writing of whether the application is complete or if additienal materials are required at
this time.
Stage Four: Review of Development Application. Once your application is determined te
be complete, it will be reviewed by the staff f.or compliance with the applicable standards .of the
Code. Within five werking days, a meme will be written by the staff member for signature by the
Planning Director. The meme will explain whether your applicatien complies with the Cede and
will list any conditiens which sheuld apply if the application is to be approved.
Final appreval of any Develepment Applicatien which amends a recorded document, such
as a plat, agreement .or deed restrictien, will require the applicant to prepare an amended versi.on of
that document fer review and approval by staff. Staff will provide the applicant with the applicable
contents fer the revised plat, while the City Att.omey is nermally in charge .of the ferm f.or recorded
agreements and deed restrictiens. We suggest that yeu net ge to the trouble or expense .of preparing
these documents until the staffhas determined that your applicatien is eligible fer the requested
amendment .or exempti.on.
Stage Five: Receipt of Building Permit. Once you have received a copy of a signed staff
approval, you may proceed to Building Permit Review. During this time, yeur project will be
examined fer its compliance with the Uniferm Building Code. It will alse be checked f.or
compliance with applicable provisiens .of the Land Use Regulatiens which were n.ot reviewed in
detail during the zero step review (this might include a check of fleer area raties, setbacks, parking,
.open space and the like).' Fees fer water, sewer, parks and empleyee heusing will be c.ollected at
this time, if due.
F or mere informatien en the Building Permit Stage, please visit the Building Department t.o
.obtain handeuts en their review precedures.
Ostepsum,doc