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HomeMy WebLinkAboutcoa.lu.pu.Aspen Chance.30A-88 !lOOK 5!J2 ?AGE853 ::c - :! -< .., W - "" ""'" 0::", ..;;:; THIRD AMENDMENT TO P.U.D. Q 2:..:; ..,- -<. AND - ",ao ... rq:' en SUBDIVISION AGREEMENT :z:a. ~:s. FOR .:: COG> N ASPEN CIUlliCE SUBDIVISION - ;; = ... OJ '" This Third Amendment is made this ~ day of 0A~ , 1989, by and between the City of Aspen, Colorado, a Color~icipal corporation ("City"), Aspen Chance, Inc., a Texas corporation ("Aspen Chance") and American Red Oak Trust ("Red Oak"). R E C I TAL S: ------ 1. The City and Aspen Chance entered into the P.U.D. and Subdivision Agreement for Aspen Chance Subdivision ("P.U.D. and Subdivision Agreement") dated July 25, 1984 and recorded July 27, 1984, in Book 470 at Page 758 of the pitkin County, Colorado real property records; and 2. The P.U.D. and Subdivision Agreement has been amended by instruments recorded in Book 530 at page 88 and in Book 567 at page 943 of said real property records; and 3. The owners of Lots 6 and 7 of the Aspen Chance Subdivi- sion, being Red Oak and Aspen Chance, respectively, have requested the City to amend the Second Amendment to the P.U.D. and Subdivision Agreement to permit the transfer of 1,593 floor area square footage from Lot 6 to Lot 7; and 4. The purpose of the reallocation is to permit the owner of Lot 7 to incorporate the additional floor area square footage in the residence currently being built on said lot; and 5. The City has determined that the requested amendment is within Section 7-907 A of the Aspen Land Use Code whereby insubstantial amendments to a P.U.D. plan may be authorized by the Planning Director; and 6. The Planning Director has authorized the requested amendment provided that certain conditions are met, which condi- tions shall be deemed met upon the execution by all parties hereto, including all consenting parties as noted below. .....,., ""(' . BOOI( ~:.J2Pt\!if854 WIT N E SSE T H: ---- ----- NOW, THEREFORE, in consideration of the premises, the mutual covenants herein contained, the P.U.D.and Subdivision Agreement for Aspen Chance Subdivision, as amended, is hereby amended with respect to the following matters: 1. Use of Additional Floor Area Square Footaqe on Lot 7. The owner of Lot 7, Aspen Chance Subdivision, may utilize 1,593 floor area square feet from Lot 6 for the purpose of increasing the floor area square footage in the residence on said Lot 7. Following the transfer, the total floor area square footage on Lot 7 shall be 9,271. 2. Allocation of Floor Area Square Footaqe. Paragraph 2 of the Second Amendment to P.U.D. and Subdivision Agreement for Aspen Chance Subdivision is hereby amended and restated as fol- lows: The building foot print square footage set forth in Exhibit "B", Site Data Tradition, of the P.U.D. and Subdivision Agreement, is hereby deleted. Subject to the provisions set forth below, a total floor area square footage of 32,466 shall be allowed to be constructed on the seven (7) lots within Aspen Chance Subdivision. Said total is hereby allocated amongst the seven (7) Aspen Chance Subdivision lots as follows: Lot Number Floor Area Lot 1 3,215 square feet Lot 2 3,223 square feet Lot 3 5,468 square feet Lot 4 0 square feet Lot 5 5,419 square feet Lot 6 5,870 square feet Lot 7 9,271 square feet Total 32,466 square feet 3. Amendment. The parties agree that the P.U.D. and Sub- division Agreement shall be deemed amended by the provisions of this Third Amendment. All other provisions of the P.U.D. and Subdivision Agreement not so amended by this Third Amendment shall remain in full force and effect. 4. Consent to Amendment. The undersigned owners, being all of the remaining owners of the lots in Aspen Chance Subdivi- sion hereby consent to this Second Amendment. -2- BOOI( 592 ~1\Gt855 5. Counterpart Execution. executed in multiple counterparts constitute one instrument. This Second Amendment may be which when taken together shall IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment on the date first written above. APPROVED AS TO FORM ~n ~ CITY OF ASPEN, a Colorado municipal corporation By: Alan Richman, Planning Director pursuant to the authority set forth in Section 7-907A of the Aspen Land Use Code AMERICAN RED OAK TRUST, owner of Lot 6 ^ By: J r7ft./U \\ ' ~ Michael D. Ding n, Trustee ASPEN CHANCE, INC., a Texas corporation, owner of Lot 7 By: Neal 't?::~ P?:'~ The undersigned, being all of the remaining owners of the lots in Aspen Chance Subdivision, in addition to the owners of Lots 6 and 7, hereby consent to the provisions of this Second Amendment. LOT 1 Lot 1 Development Partnership, a Colorado general partnership By: -3- 5!J2 ?AGt856 l3ao~ 5. Counterpart Execution. executed in multiple counterparts constitute one instrument. This Second Amendment may be which when taken together shall IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment on the date first written above. CITY OF ASPEN, a Colorado municipal corporation By: Alan Richman, Planning Director pursuant to the authority set forth in Section 7-907A of the Aspen Land Use Code AMERICAN RED OAK TRUST, owner of Lot 6 By: Michael D. Dingman, Trustee ASPEN CHANCE, INC., a Texas corporation, owner of Lot 7 By: Neal Myers, President The undersigned, being all of the remaining owners of the lots in Aspen Chance Subdivision, in addition to the owners of Lots 6 and 7, hereby consent to the provisions of this Second Amendment. LOT 1 Lot 1 Development P rtnership, a Colorado genera; partnership .I -3- ner By: Kerry /..._" BaOll 592 PAUE851 ~~~ John N~ LOTS 3 AND 4 Powder Lane Associates, a Colorado partnership, by Red Oak of Colorado, Inc., a Colorado corporation By: Michael D. Dingman, President LOT 5 Bertram R. Firestone STATE OF COLORADO ss. COUNTY OF PITKIN The foregoing instrument was acknowledged before me this day of , 1989, by Alan Richman, Planning Director, on behalf of City of Aspen, a Colorado municipal corporation, pursuant to the authority set forth in Section 7-907A of the Aspen Land Use Code. Witness my hand and official seal. My commission expires: Notary Public -4- ~'"" ss. 800K 592 PASE858 LOT 2 John Nickel LOTS 3 AND 4 Powder Lane Associates, a Colorado partnership, by ~::7!i;!~~~ io~no., Michael D. Dingm , President LOT 5 Bertram R. Firestone was acknowledge efore me this , Planning Director, Colorado unicipal corporation, n Section 7-907A of the /Zft't:/9/ , -4- e'""" ""'g') ~,..O 800\\ ~ l.,?A!',E'J:)',J LOT 2 John Nickel LOTS 3 AND 4 Powder Lane Associates, a Colorado partnership, by Red Oak of Colorado, Inc., a Colorado corporation By: Michael D. Dingman, President LOT 5 ~:i--- It.l.. F~-,,~f{~ Bertram R. Firestone STATE OF COLORADO ss. COUNTY OF PITKIN The foregoing instrument was acknowledged before me this day of , 1989, by Alan Richman, Planning Director, on behalf of City of Aspen, a Colorado municipal corporation, pursuant to the authority set forth in Section 7-907A of the Aspen Land Use Code. Witness my hand and official seal. My commission expires: Notary Public -4- ,,,....., , 800\\ 592 ~t860 STATE OF CO\41falD COUNTY OF Vrf1ItA'r-. ) ) ss. - ) , The fOre~g instrument was acknowledged before me this iO~"- day of t , 1989, by Neal Myers as President of Aspen Chance, Inc., a exas corporation. Witness my hand and official seal. Notary Public ",~,.'~':" ~ /<:~.~.::< ~.:~~: -." : : 'J\,..-i~ ,. ~/' ;; '~: ~ -'i~., _ , . -.I.. -"....' . . '/7 ~. ~{I-.~,~-.-:'~~ J' ..~ ~ t(.. -. " ~. J ~ p _.~ (...... F ~... ,!) .,.... - ~ ......... t~C"\ ............. '.. '-.' . " "I ~ , .\ ,.,""a,..;......-.,. My commission expires: Cj /I'SH I S]~n~ STATE OF NE':<l; HAMPSHIRJE ) ss. COUNTY OF ROCKINGH~ The foregoing instrument was acknowledged before me this /"5 H, day of ~t&,: , 1989, by Michael D. Dingman as Trustee of American Red Oak rust, owner of Lot 6 and as President of Red Oak of Colorado, Inc., a Colorado corporation, general partner of Powder Lane Associates, a Colorado partnership. Witness my hand and official seal. My commission expires: /~6/?/ ..I,..\.~;\U.........I". .' I( ", ..... \J ........ ...:) """~ /' v':.....;.. 0.....;~:"...\ ~~U&~ -V:~ -' '.~ _~ "...... ' \ I -:. .' ~ : ._ t - ~ ~ ~ ~:~ % Notary llC -', ..c; , G 'J '.,: : '. 0 ..:): ~ ~_ y '. -4 )\.... --- .Q,..~':~:-~ .... '. '- -5- ctb:a16878017a ........ 800ll 592 F~5fB61 ""-.< ./ STATE OF ,I. rC>" r,', oJ ~ ss. COUNTY OF Lc~c~~ . :i-i't~:>.-' The foregoing instrument was acknowledged before me this 17+t..- day of May, 1989 by Bertram R. Firestone as owner of Lot 5. Witness my hand and official seal. My commission expires: Feb. 2-L" /'193 :.~:,........" \ C .-: L /'< ~'..:.""'. l ~..... ..". -.... . . " [ .~ ~<-' (., " --' ,.' :'( ~, " ~, ~.;L~_._d' Notary Pu!)'lic U y "":'. ,...,.;,..' -6- ctb:a16878017a BOOK 59ZPAttE86"2 STATE OF ss. COUNTY OF The foregoing instrument was acknowledged before me this day of May, 1989 by Bertram R. Firestone as owner of Lot 5. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ss. COUNTY OF PITKIN II The foregoing instrument was acknowledged before me this ~ day of May, 1989 by Kerry Dunn as general partner of Lot I Development Partnership, a Colorado general partnership. .,.,,,:My. commission ~....:o".i'" ' .;~~:(',. i:[EI' ,,,,'''~,~...,.. '.~.!' ~,,"~., ". ,l- it, .... ~A'" g .f \\1.:\ ,r, :: : -0-,\>-,1> ~ ;. ^ ,- - . r-'U'n. "" . :tP"".... w-' ..t:~ -'lo. .... . #:..T" F,... ...... (" ~ OF cQ'- Witness my hand and official seal. expires: 5/11-/CJ,2 UJUci; - Notary pubt:ic ,.f"" -6- ctb:a16878017a BOOK 592 PAGE85:] STATE OF ss. COUNTY OF The foregoing instrument was acknowledged before me this day of May, 1989 by Bertram R. Firestone as owner of Lot 5. Witness my hand and official seal. My commission expires: Notary Public STATE OF OKLAHOMA COUNTY OF CHEROKEE ) ) ss. ) The foregoing instrument was acknowledged before me this 15th day of May, 1989 by John T. Nickel as owner of Lot 2. Witness my hand and offical seal. My commission expires : ,.' ,,..~....- >, "r~~~' fir, ~:~- , . < F,'i'f:!-<;,'- . ~(~;~<':: ' . ,_i/;:-., -,\~;",_::' .: j ",' " ':J _ \." /' " -'.4" _1",' ./" '.~~'~.:~;~l;~i~ IO-19-92 ~Ij; x <4~>> N ry P lic -6- ctb:a16878017a ,.""" 800!{ r;;:,'l P~GE 94. 4. '...../ W .! ! ! ~ ~ SET H: NOW, THEREFORE, in consideration of the premises, the mutual covenants herein contained, the P.U.D.and Subdivision Agreement for Aspen Chance Subdivision is hereby amended with respect to the following matters: 1. Use of Additional Floor Area Square Footaqe on Lot 6. The owner of Lot 6, Aspen Chance Subdivision, may utilize 1,593 floor area square feet from Lot 4 for the purpose of constructing an addition to the existing residence on said Lot 6. Following the transfer, the total floor area square footage on Lot 6 shall be 7,463. 2. Allocation of Floor Area Square Footaqe. The building foot print square footage set forth in Exhibit "B", Site Data Tabulation, of the P.U.D. and Subdivision Agreement is hereby deleted. Subject to the provisions set forth below, a total floor area square footage of 32,466 shall be allowed to be con- structed on the seven (7) lots within Aspen Chance Subdivision. Said total is hereby allocated amongst the seven (7) Aspen Chance Subdivision lots as follows: Lot Number Floor Area Lot 1 3,215 square feet Lot 2 3,223 square feet Lot 3 5,468 square feet Lot 4 0 square feet Lot 5 5,419 square feet Lot 6 7,463 square feet Lot 7 7,678 square feet Total 32,466 square feet Notwithstanding the foregoing allocations, the owner or owners of Lot 1 and Lot 4 may re-allocate a portion of the 3,215 square feet above allocated to Lot 1 for use on Lot 4; provided, how- ever, that the floor area of Lot I shall not exceed 3,215 square feet and the total floor area for all seven (7) lots shall not exceed 32,466 square feet. 3. Amendment. The parties agree that the P.U.D. and Sub- division Agreement shall be deemed amended by the amendment referred to in the second paragraph of the Recitals, above, and by the provisions of this Second Amendment. All other provisions of the P.U.D. and Subdivision Agreement not so amended shall remain in full force and effect. -2- "'-, /'" \00",...... BOO~ 567 p~GE945 4. Consent to Amendment. The undersigned owners, being all of the owners of the lots in Aspen Chance Subdivision hereby consent to this Second Amendment. 5. Counterpart Execution. executed in multiple counterparts constitute one instrument. This Second Amendment may be which when taken together shall IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment on the date first written above. APPROVED AS TO FOill4: CITY OF ASPEN, a Colorado municipal corporation 4-z<th ~J By: Alan Richman, Planning Director pursuant to the authority set forth in Section 24-8.26(a) of the Municipal Code ASPEN CHANCE, INC., a Texas corporation By: Neal ~ ~tde>;;; The undersigned, being all of the owners of the lots in Aspen Chance Subdivision, hereby consent to the provisions of this Second Amendment. LOTS 1, 3, AND 4 Powder Lane Associates, a Colorado partnership, by Red Oak of Colorado, Inc., a Colorado corporation By: Michael D. Dingman, President -3- "r'" /'.~' ,-./ BOOK 567 PAGE946 4. Consent to Amendment. The undersigned owners, being all of the owners of the lots in Aspen Chance Subdivision hereby consent to this Second Amendment. 5. Counterpart Execution. executed in multiple counterparts constitute one instrument. This Second Amendment may be which when taken together shall IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment on the date first written above. CITY OF ASPEN, a Colorado municipal corporation By: Alan Richman, Planning Director pursuant to the authority set forth in Section 24-8.26(a) of the Municipal Code ASPEN CHANCE, INC., a Texas corporation By: Neal Myers, President The undersigned, being all of the owners of the lots in Aspen Chance Subdivision, hereby consent to the provisions of this Second Amendment. LOTS 1, 3, AND 4 Powder Lane Associates, a Colorado partnership, by Red Oak of Colorado, Inc., a Color do corp a ion By: " resident -3- '- - -- ...... -- BOOK 567 PAGE947 d~~ John Nick@1 LOT 5 Bertram R. Firestone LOT 6 American Red Oak Trust By: Michael D. Dingman, Trustee LOT 7 Aspen Chance, Inc., a Texas corporation By: /'fa:-{ ~ Neal Myers, President -4- . . """ '~" LOT 2 BOOK 567 PAGE948 John Nichil LOT 5 Bertram R. Firestone LOT 6 American Red Oak Trust By: LOT 7 Aspen Chance, Inc., a Texas corporation By: Neal Myers, President , Trustee -4- ,," .\ - 'oJ' "<,,,.... .,"", ~ 800~ LOT 2 567 PAGE949 John Nicke I LOT 5 ~I\,f~ Bertram R. Firestone LOT 6 American Red Oak Trust By: Michael D. Dingman, Trustee LOT 7 Aspen Chance, Inc., a Texas corporation By: Neal Myers, President -4- ,,' - ...... - - BOOK 567 P4GE950 STATE OF COLORADO ss. COUNTY OF PITKIN The forego ins instrument was acknowledged before me this /3+ day of ~I 1988, by Alan Richman, Planning Director, on behalf of City of Aspen, a Colorado municipal corporation, pursu- ant to the authority set forth in Section 24-8.26(a) of the ,,", Municipal Code. ".~ rJ ",-'-,~. .,' Witness my hand and official seal. -..;.0. ~ ~.: ..'-' .-', ."? _: \',~" 'r\="My commission expires: ;2//3/90 ~~-----'.- :_- ~"..val\\J l , -';- . . .... rf"'l ,~ <f ' '........~,~o. . r ~O\..C" \\" II' ~. t\ \' _ '.' '~~J';\I &~, J1;g.2~ Notary Public ' STATE OF COLORADO ss. COUNTY OF PITKIN DfThe foregoing instrument was acknowledged before me this <:::QI. day of June, 1988, by Neal Myers as President of Aspen Chance, Inc., a Texas corporation. Witness my hand and official seal. My commission expires: ......... 'I,I. .',..... ,. '" "- ".-' " ...~ "" ., CeBII' I.., Expites Sft1/. 15. liJIJi<, r :,:.1;.\ ',r-.)..:_;~',..~: L ~ &,:;r)M "I-' \ ./, I Hl~ \\ /c i ~,v.... '("''' J . ' .. . .... "I ... ,. _..l~ .: --'" ..:>L.......,.,~ T;:'- .-" .... "'D'\"I . """t.IIIHIl1tP ~~m. Notary Public , -5- ."-", \.". ". 4. Consent to Amendment. The undersigned owners, being all of the owners of the lots in Aspen Chance Subdivision hereby consent to this Second Amendment. 5. Counterpart Execution. executed in multiple counterparts constitute one instrument. This Second Amendment may be which when taken together shall IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment on the date first written above. APPROVED AS TO FOm1: CITY OF ASPEN, a Colorado municipal corporation \1 "~ ( /\- \) J,j 7J' ~ A ;.:n;:x- . . -r;...JL ~. I. A&.~ By: Alan Richman, Planning Director pursuant to the authority set forth in Section 24-8.26(a) of the Municipal Code -h~l ~~f ASPEN CHANCE, INC., a Texas corporation By: ,-/#d .~.....- Neal Myers, President The undersigned, being all of the owners of the lots in Aspen Chance Subdivision, hereby consent to the provisions of this Second Amendment. LOTS 1, 3, AND 4 Powder Lane Associates, a Colorado partnership, by Red Oak of Colorado, Inc., a Colorado corporation By: Michael D. Dingman, President -3- ,..-""" 4. Consent to Amendment. The undersigned owners, being all of the owners of the lots in Aspen Chance Subdivision hereby consent to this Second Amendment. 5. Counterpart Execution. executed in multiple counterparts constitute one instrument. This Second Amendment may be which when taken together shall IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment on the date first written above. CITY OF ASPEN, a Colorado municipal corporation By: Alan Richman, Planning Director pursuant to the authority set forth in Section 24-8.26(a) of the Municipal Code ASPEN CHANCE, INC., a Texas corporation By: Neal Myers, President The undersigned, being all of the owners of the lots in Aspen Chance Subdivision, hereby consent to the provisions of this Second Amendment. LOTS 1, 3, AND 4 Powder Lane Associates, a Colorado partnership, by Red Oak of Colorado, Inc., a Color do corp a ion By: '" -3- '""''''. LOT 2 ~ ~~PC:~ '-L~' John Nickel LOT 5 Bertram R. Firestone LOT 6 American Red Oak Trust By: Michael D. Dingman, Trustee LOT 7 Aspen Chance, Inc., a Texas corporation By: '/7~ ~ Neal Myers, President -4- . LOT 2 John Nichil LOT 5 Bertram R. Firestone LOT 6 American Red Oak Trust By: , Trustee LOT 7 Aspen Chance, Inc., a Texas corporation By: Neal Myers, President -4- ,."'", ,,J . , LOT 2 John NiCkc I LOT 5 ~1\.f~ Bertram R. Firestone LOT 6 American Red Oak Trust By: Michael D. Dingman, Trustee LOT? Aspen Chance, Inc., a Texas corporation By: Neal Myers, President -4- ,'" ." STATE OF COLORADO ss. COUNTY OF PITKIN The foregoin9 instrument was acknowledged before me this Is-/- day of ~'J 1988, by Alan Richman, Planning Director, on behalf of City of Aspen, a Colorado municipal corporation, pursu- ant to the authority set forth in Section 24-8.26(a) of the Municipal Code. Witness my hand and official seal. My commis s ion expires: ~ //3/ Cf 0 &~. $gf~ Notary Public ' STATE OF COLORADO ) ) ss. ) COUNTY OF PITKIN orThe foregoing instrument was acknowledged before me this ul - day of June, 1988, by Neal Myers as President of Aspen Chance, Inc., a Texas corporation. Witness my hand and official seal. My commission expires: "t1I . IIiIIfx1;IiresS/IIlL 15.191i; (~^-7h. ) U,;f;,ku tC__. Notary Public -5- .... '"' ....... .'--, ...,-, 0,- BGnH 5fn 94GE943 E: ..... .J:.. .::: o -0 :::s: :: "9 ::i W "" z~ c::> or x"'" -4- -<>-" --.J ,.- rn~ N 0- .<9 ,. C.l - '" "" SECOND AMENDMENT TO P.U.D. AND SUBDIVISION AGREEMENT FOR ASPEN CHANCE SUBDIVISION This Second Amendment is made this day of June, 1988, by and between the City of Aspen, Colora~a Colorado municipal corporation ("City") and Aspen Chance, Inc., a Texas corporation ("Aspen Chance"). R E C I TAL S: -------- I. The City and Aspen Chance entered into the P.U.D. and Subdivision Agreement for Aspen Chance Subdivision ("P.U.D. and Subdivision Agreement") dated July 25, 1984 and recorded July 27, 1984, in Book 470 at Page 758 of the Pitkin County, Colorado real property records; and 2. The P.U.D. and Subdivision Agreement was amended by instrument recorded in Book 530 at Page 88 of said real property records; and 3. The owners of several lots of the Aspen Chance Subdivi- sion have requested the City to amend the P.U.D. and Subdivision Agreement to permit the building foot print square footage for Lots 1, 4 and 6, as set forth on Exhibit "B", Site Data Tabulation, of the Agreement to be reallocated between said lots; and 4. The purpose of the reallocation is to permit the owner of Lot 6 to construct an addition to the existing residence and to permit the owner of Lots I and 4 to determine an appropriate allocation between these two lots of the unused floor area square footage; and 5. The City has determined that the requested amendment is within Section 24-8.26(a) of the Municipal Code whereby minor changes to a P.U.D. plan may be authorized by the Planning Direc- tor; and 6. The Planning Director has authorized the requested amendment provided that certain conditions are met, which condi- tions shall be deemed met upon the execution by all parties hereto, including all consenting parties as noted below. ;1'~ -.' .,,;.,../. ~, CASELOAD SUMMARY SHEET --.~ city of Aspen DATE RECEIVED: DATE COMPLETE: G/rt/~8' PROJECT NAME: A<:'"l?I'/1 Chonr.P Project Addres~:^1 APPLICANT: ~'f.Ml ChOM c_€.- , :r",. c.. - App1icant Add ess: . REPRESENTATIVE: ChlAc...k ~ro..nJ...+ . /-1-0 (f(),,(\J /A~+ Representative Address/Phone: 600 t:"MlLn $-, Aso&l. ClJ 9thll ,5- 3+l76 , ;~~7==~;;j==;~===~~~~==~72'~()--(5========================= 1). TYPE OF APPLICATION: 1 STEP: 2 STEP: 2) IF 1 STEP APPLICATION GOES TO: P&Z CC PUBLIC HEARING DATE: VESTED RIGHTS: YES NO -,:. 3) PUBLIC HEARING IS BEFORE: P&Z CC N/A . I !. _'r',., '," -'i::' .,' .,',,-.,.:.,. . DATE RE~D: ;".;' , ~':-:;'''',-,;:; INITIALS: /paid: Date: P1anning Director Approva1: Insubstantia1 Amendment or Exemption: l/dO.(J() Paid: Date: Staff Approva1: Consent Agenda: REFERRALS : city Attorney city Engineer Housing Dir. Aspen Water city E1ectric Envir. H1th. Aspen Conso1. S.D. , F~~:;r::ty>,;,<,.~>-" Schoo1 District Rocky Mtn Nat Gas' State Hwy Dept(GW). State Hwy Dept(GJ) . B1dg:Zon/Inspect Roaring Fork Energy Center Other ~:,yR:gT::er9/~~.~~,;~, . - .~. ""';~~'~;Yf":Ji~}7.f :~ Mtn. Ben Parks Dept. Ho1y Cross Fire Marsha11 Fire Chief Roaring Fork Transit Other: . . . . f.ILE STATUS AND u)CATIO~:i,/;<1/1~~. \ (' "'''t_ . - . . ,....'......- '.-" ,:;,', ;- ,:::~:< :~:;:~,%:':-;>~(j'" .' <-" ~.., .-."'l'i,,,,,..-"'r.,,(.~.,, > ~\ \:'~~':~,-;~:;:,~'A\~,~~W;):' '.",' ,.,' . MEMORANDUM TO: Alan Richman, Planning Director FROM: cindy Houben, Planner RE: Aspen Chance P. U .0. request for an amendment to the P.U.D. agreement DATE: 6/14/88 ---------------------------------------------------------------- ---------------------------------------------------------------- Attached is a letter from Chuck Brandt requesting an amendment to the Aspen Chance P.U.D. This request was made pursuant to Section 24-8.26 of the old Code. The request is to change the approved footprints of Lots 6, 4, 1. The applicants propose to use the unused square footage for Lot 4 to add square footage to Lot 6. The initial concern by this office was whether or not the square footage in the PUD was transferable. The records do not indicate that this action is prohibited. In fact , the transfer of square footage from Lot 1 to Lot 6 was approved by this office in 1983. It appears that the concern regarding the size of the structures at the time the development was approved was to keep the bulk of the development off of ute Ave. The concept was that the larger homes were to be located on the upper levels of the development. Addi tionally, the proposed addition on Lot 6 (to be built with square footage from Lot 4) will not be visible from ute Ave. The roofline is proposed to be lower than the roofline on the existing house. Page one of the attached letter from Chuck Brandt gives the proposed square footage for the lots. The applicants commit to keeping the house on Lot 1 at or below the square footage initially assigned to that lot in the PUD agreement (the lot closest to ute Ave.) The request does not change the character of the development in that the objective of keeping the bulk away from ute Ave. is still maintained. In addition, the request appears to meet the intent of Section 24-8.26(d) allowing Director sign off, if the following conditions are meet. 1. The PUD agreement shall be amended to reflect the changes and shall be submitted to the Planning Director for approval. This amendment shall include the following: a) A commitment that the size of the house on Lot 1 shall not exceed 3,215 sq ft (this square footage can only be achieved by combining FAR from Lots 1 and 4). b) A change in Exhibit "B" to reflect the approved square footages as noted in the attached letter from Chuck Brandt dated June 6, 1988. 2. All land owners in the Aspen Chance subdivision shall submit a letter approving the requested amendment prior to final approval of the amendment by the Director. 3. Prior to approval an application fee of $100.00 shall be paid to the Planning Office for this application. I hereby approve the proposed PUD Amendment to the Aspen Chance PUDjSubdivision Agreement with the above listed conditions pursuant to section 24-8.26 of the Aspen Municipal Code h~ 0 Alan Richman, Planning Director ch.cby 2 -, ...., '-,." HOLLAND & HART ATTORNEYS AT LAW DENVER DENVER TECH CENTER COLORADO SPRINGS ASPEN BilLINGS BOISE CHEYENNE WASHINGTON, D,C. 600 EAST MA.IN STREET ASPEN, COLORADO 81611 TELEPl-K)NE (303) 925-3476 TELECOPIER (303) 925-9367 CHARLES T. BRANDT June 30, 1988 D301988 HAND DELIVERED Ms. Cindy Houben City/County Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: P.U.D. and Subdivision Agreement for Aspen Chance Subdivision Dear Cindy: Accompanying this letter is the Second Amendment to P.U.D. and Subdivision Agreement for Aspen Chance Subdivision containing the two changes the City Attorney requested and execution by Aspen Chance, Inc. as well as all of the individual lot owners in Aspen Chance showing their consent per your request. Please obtain Fred's and Alan's signatures as soon as possi- ble and call me to arrange for recording of the Second Amendment. Thank you. The $100.00 application fee is enclosed as you requested. Very truly yours, ~~ Charles T. Brandt for HOLLAND & HART CTB/sg Enclosure cc: Michael D. Dingman SECOND AMENDMENT TO P.U.D. AND SUBDIVISION AGREEMENT FOR ASPEN CHANCE SUBDIVISION ~ttt{Jvi1 9}fJL S ~{) rtre This Second Amendment is made this day of June, 1988, by and between the City of Aspen, Colorado, a Colorado municipal corporation ("City") and Aspen Chance, Inc., a Texas corporation ("Aspen Chance"). R E C 1. TAL S: I. The City and Aspen Chance entered into the P.U.D. and Subdivision Agreement for Aspen Chance Subdivision ("P.U.D. and Subdivision Agreement") dated July 25, 1984 and recorded July 27, 1984, in Book 470 at Page 758 of the Pitkin County, Colorado real property records; and 2. The P.U.D. and Subdivision Agreement was amended by instrument recorded in Book 530 at Page 88 of said real property records; and 3. The owners of several lots of the Aspen Chance Subdivi- sion have requested the City to amend the P.U.D. and Subdivision Agreement to permit the building foot print square footage for Lots I, 4 and 6, as set forth on Exhibit "B", Site Data Tabulation, of the Agreement to be reallocated between said lots; and 4. The purpose of the reallocation is to permit the owner of Lot 6 to construct an addition to the existing residence and to permit the owner of Lots 1 and 4 to determine an appropriate allocation between these two lots of the unused floor area square footage; and 5. The City has determined that the requested amendment is within Section 24-8.26(a) of the Municipal Code whereby minor changes to a P.U.D. plan may be authorized by the Planning Direc- tor; and 6. The Planning Director has authorized the requested amendment provided that certain conditions are met, which condi- tions shall be deemed met upon the execution by all parties hereto, including all consenting parties as noted below. ,r""_ WIT N E SSE T H: -------- NOW, THEREFORE, in consideration of the premises, the mutual covenants herein contained, the P.U.D.and Subdivision Agreement for Aspen Chance Subdivision is hereby amended with respect to the following matters: 1. Use of Additional Floor Area Square Footaqe on Lot 6. The owner of Lot 6, Aspen Chance Subdivision, may utilize 1,593 floor area square feet from Lot 4 for the purpose of constructing an addition to the existing residence on said Lot 6. Following the transfer, the total floor area square footage on Lot 6 shall be 7,463. 2. Allocation of Floor Area Square Footaqe. The building foot print square footage set forth in Exhibit "B", Site Data Tabulation, of the P.U.D. and Subdivision Agreement is hereby deleted. Subject to the provisions set forth below, a total floor area square footage of 32,466 shall be allowed to be con- structed on the seven (7) lots within Aspen Chance Subdivision. Said total is hereby allocated amongst the seven (7) Aspen Chance Subdivision lots as follows: Lot Number Floor Area loot 1 3,215 square feet Lot 2 3,223 square feet Lot 3 5,468 square feet Lot 4 0 square feet Lot 5 5,419 square feet Lot 6 7,463 square feet Lot 7 7,678 square feet Total 32,466 square feet Notwithstanding the foregoing allocations, the owner or owners of Lot 1 and Lot 4 may re-allocate a portion of the 3,215 square feet above allocated to Lot 1 for use on Lot 4; provided, how- ever, that the floor area of Lot I shall not exceed 3,215 square feet and the total floor area for all seven (7) lots shall not exceed 32,466 square feet. 3. Amendment. The parties agree that the P.U.D. and Sub- division Agreement shall be deemed amended by the amendment referred to in the second paragraph of the Recitals, above, and by the provisions of this Second Amendment. All other provisions of the P.U.D. and Subdivision Agreement not so amended shall remain in full force and effect. -2- ,,,,,", ~~ HOLLAND & HART AITORNEYSATLAW DENVER DENVER TECH CENTER COLORADO SPRINGS ASPEN BILLINGS BOISE CHEYENNE WASHINGTON, D.C. 600 EAST MAIN STREET ASPEN, COLORADO 81611 TELEPHONE (303) 925-3476 TELECOPIER (303) 925-9367 CHARLES T. BRANDT June 6, 1988 a71ll88 HAND DELIVERY Ms. Cindy Houben City/County Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: P.U.D. and Subdivision Agreement for Aspen Chance Subdivision Dear Cindy: David Finholm, architect for the Aspen Chance Subdivision residences, has provided me with the following figures repre- senting the FAR utilized or to be utilized on the seven lots in the Aspen Chance Subdivision: LOT NUMBERS FAR STATUS OF LOT Lot I 1408 sq. ft. Vacant Lot 2 3223 sq. ft. Constructed home Lot 3 5468 sq. ft. Under construction Lot 4 1807 sq. ft. Vacant Lot 5 5419 sq. ft. Constructed home Lot 6 7463 sq. ft. Constructed home including proposed addition Lot 7 7678 sq. ft. Under construction TOTAL 32,466 sq. ft. The residence on Lot 6 presently utilizes a FAR of 5870 square feet. An additional 1,593 square feet (for a total of 7(463) is proposed to be utilized on Lot 6 for the proposed addition to the existing residence. Please note the FAR allocations to Lots I and 4. In order to retain flexibility in determining the size of the residential structures to be built on these lots, the owner would prefer to "borrow" the FAR from Lot 4 for the addition to Lot 6 and retain the existing FAR (1,408) on Lot I, the amount remaining after the transfer of 691.9 from Lot I to Lot 6 two years ago, and retain - HOLLAND & HART AITORNEYS AT LAW Ms. Cindy Houben June 6, 1988 Page 2 the balance of 1,807 on Lot 4. I can commit to you that not more than 3,215 FAR (the balance of the unused FAR for the subdivi- sion) will ever be utilized on either Lot I or Lot 4. Use of 3,215 FAR on either lot is in keeping with the architectural sketches and approximate FAR's developed by Dave Finholm to show the architectural character of the subdivision. Turning to the basis for the requested amendment to the Aspen Chance P.D.D. and Subdivision Agreement, I believe Section 24-8.26(d) allowing minor changes to the sizing and sitings of buildings to be authorized by the planning director is the applicable code provision since our request under this Sec- tion was submitted prior to the adoption of the current regula- tion. Under this Section, "minor changes" is defined by what the planning director shall not approve rather than any other lan- guage. Here is the list-oI prohibitions and our arguments as to why they do not apply: (I) A change in the use or character of the development-- certainly the use is not being changed. Nor do we believe the character of the development will be changed for the following rea- sons: (a) The larger homes in the subdivision are concentrated on the upper lots against the mountain and the 3.5 acre open space; (b) The type of home and the design charac- ter remains the same and is not signifi- cantly altered by the increase in FAR on Lot 6: (c) The character of the subdivision (large, custom designed homes situated in a landscaped and terraced setting) remains essentially the same, as the allocation of I, 593 F,AR is not a signif icant chang e. (2) An increase in the overall coverage of structures--32,466 square feet of FAR is the maxi- mum allowed for the Subdivision, thus the overall coverage will ~ be increased: .~ "'""'"". ''''' HOLLAND & HART AlTORNEYS AT LAW Ms. Cindy Houben June 6, 1988 Page 3 (3) An increase in the problems of traffic circulation and public utilities--none. None of the other prohibited changes in the Section (subparagraphs (4) through (8)) apply to this request. Please also consider the following additional reasons as a basis for the planning director to approve the amendment: I. Based upon Appendix C to the Subdivision Applica- tion for Aspen Chance, a total floor area was allocated to the "site" (being the entire area subdivided) rather than individual lots. Thus, FAR should be permitted to be allocated amongst the lots as the owners desire; 2. The concept of an FAR total for all seven lots is not contradicted by the minutes of the Planning Commission and Council when the subdivision was considered; 3. The planning director, after much consideration and consultation with the city attorney, approved a prior amendment to the Aspen Chance P.U.D. Agreement switching the single family and duplex sites (Lots 3 and 4) which resulted in a change in building footprints of each lot--a change which is quite close to the request being made with respect to Lot 6; 4. The Building Department has permitted FAR to be "borrowed", e.g., 691.6 square feet from Lot I to be utilized on Lot 6; and 5. The size of the building footprints set forth in the P.U.D. Agreement did not arise out of the Planning Commission's and Council's consideration of the subdivision application, but rather repre- sented the thinking at the time of Dave Finholm as project architect. It does not appear from the record that the building footprints were intended to be fixed for all time. It would seem that the requested amendment is the type which should be approved by the planning director. It is not opposed by anyone, it only affects lots which are owned ~, T'-.... , .' HOLLAND & HART ATIORNEYSATLAW Ms. Cindy Houben June 6, 1988 Page 4 or controlled by one individual, and the Planning Commission and Council will be spared the time of having to deal with the request. I hope you and Alan can quickly resolve this determina- tion so construction can be commenced in time to complete the addition to Lot 6 by the winter. please let me know if you want me to submit a proposed amendment to the P.D.D. Agreement for Alan's signature. Very truly yours, ~G-''-k Charles T. Brandt for HOLLAND & HART CTB/sg cc: Michael D. Dingman David Finholm vincent Grizaffi Rheta Fu1 ton H. O. Myers Ed Zasacky Bill Drueding -'-"', /'-- ""-~ ....,.c HOLLAND & HART ATIORNEYS AT LAW DENVER DENVER TECH CENTER COLORADO SPRINGS ASPEN BILLINGS BOISE CHEYENNE WASHINGTON, D_C. 600 EAST MAIN STREET ASPEN, COLORAD081611 TELEPHONE (303) 925-3476 TELECOPIER (303) 925-9367 CHARLES T. BRANDT July 12, 1988 JUL I 3 1988 HAND DELIVERED Ms. Cindy Houben City/County Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: P.U.D. and Subdivision Agreement for Aspen Chance Subdivision Dear Cindy: Accompanying this letter for your file on Aspen Chance is the recorded original of the Second Amendment to P.U.D. and Sub- division Agreement for Aspen Chance Subdivision. with the copies of this letter to those listed below, I'm providing them with photostatic copies of the Second Amendment for their respective files. Again, thank you for your cooperation and courtesies shown on this matter. Very truly yours, ~vC Charles T. Brandt for HOLLAND & HART CTB/sg Enclosure cc: Michael D. Dingman (w/enc) Neal Myers (w/enc) John Nickel (w/enc) Bertram R. Firestone (w/enc) Ed Zasacky (w/enc) Vincent Grizaffi (w/enc) Rheta Fulton (w/enc) ~~ Wi } ~;d(!E ~ ~oL Iv I~ - . Ii ,/ 10 rrr-e.LI ~ d~~ (}Jr~ '11"j ~ fD tMLuve..rd' ~ c:z-/ ;z.,af ~ ~DM AI/{.Mfv 01MP pYfe~ - ~/cA. - ~d~ lJ - SECOND AMENDMENT TO P.U.D. ~ ~ . AND ;L ~ ;:t:{) lf~ SUBDIVISION AGREEMENT I~ 1.--1~ t.-c4--T FOR ~ ~Vo/~ /' d ASPEN CHANCE SUBDIVISION ~. This Second Amendment is made this day of June, 1988, by and between the City of Aspen, Colorado, a Colorado municipal corporation ("City") and Aspen Chance, Inc., a Texas corporation ("Aspen Chance"). R E C I TAL S: -------- I. The City and Aspen Chance entered into the P.U.D. and Subdivision Agreement for Aspen Chance Subdivision ("P.U.D. and Subdivision Agreement") dated July 25, 1984 and recorded July 27, 1984, in Book 470 at Page 758 of the Pitkin County, Colorado real property records; and 2. The P.U.D. and Subdivision Agreement was amended by instrument recorded in Book 530 at Page 88 of said real property records; and 3. The owners of several lots of the Aspen Chance Subdivi- sion have requested the City to amend the P.U.D. and Subdivision Agreement to permit the building foot print square footage for Lots 1, 4 and 6, as set forth on Exhibit "B", Site Data Tabulation, of the Agreement to be reallocated between said lots; and 4. The purpose of the reallocation is to permit the owner of Lot 6 to construct an addition to the existing residence and to permit the owner of Lots I and 4 to determine an appropriate allocation between these two lots of the unused floor area square footage; and c, ~J , ')..:.<\)\. : 'J , v., '-f:'J . "" V' 5. The City has determined that the within Section 24-8.26(a) of the Municipal changes to a P.U.D. plan may be authorize tor; and , 6. \ The a~ning DirectJr~' tne requested amendment \ YLuvldea tnat certain conditions GI-_ ...ilt; which condi- tions. sl}al:roe --deemed met upon the execution by all.pil.:rties..-~~ hereto / _inB'ltlJ.lu,=, all eOubcuLlug part:1es as notea be.tow--.----. requested amendment is COde/whereby minor b Plannin Direc- " ~./-- " '/' /",' r ~ .!. ! !'!. ~ S ~ ~ ! H: NOW, THEREFORE, in consideration of the premises, the mutual covenants herein contained, the P.U.D.and Subdivision Agreement for Aspen Chance Subdivision is hereby amended with respect to the following matters: 1. Use of Additional Floor Area Square Footaqe on Lot 6. The owner of Lot 6, Aspen Chance Subdivision, may utilize 1,593 floor area square feet from Lot 4 for the purpose of constructing an addition to the existing residence on said Lot 6. Following the transfer, the total floor area square footage on L t 6 s a be 7,463. 2. Allocation of Floor Area Square Footaqe. foot print square footage set forth in Exhibit "B" Tabulation, of the P.U.D. and Subdivision Agreement is hereby deleted. subject to the provisions set forth below, a total floor area square footage of 32,466 shall be allowed to be con- structed on the seven (7) lots within Aspen Chance Subdivision. Said total is hereby allocated amongst the seven (7) Aspen Chance Subdivision lots as follows: Lot Number Floor Area Lot 1 3,215 square feet Lot 2 3,223 square feet Lot 3 5,468 square feet Lot 4 0 square feet Lot 5 5,419 square feet Lot 6 7,463 square feet Lot 7 7,678 square feet Total 32,466 square feet c.(U- Notwithstanding the foregoing allocations, the owner or owners of Lot 1 and Lot 4 may re-allocate a portion of the 3,215 square feet above allocated to Lot 1 for use on Lot 4; provided, how- ever, that the floor area of Lot 1 shall not exceed 3,215 square feet and the total floor area fOJ:::._all-se n hall not exceed 32,466 sq\).ar.efeet;--~ \:'1- , KL" \,-. / _ -,,,,<-l . >>: F\."'-' \.>, ,,",^-, .:;V~, ~'-' ----3;/ Amendment. The !fa:rties agree that the P. U . D. and Sub~ dXVlsion Agreement/shall be Q9~mpd amendprl by the amendment refprrprl t-o iR the epC'oT'd paragraph of .t,ho ReC'it..ls,above~ and by the provisions of this Second Amendment. All other provisions of the P.U.D. and Subdivision Agreement~not so amended,shall remain in full force and effect. c> ~ +~ ? , .,!,~ '/ U(/ -2- --------------- - l , , 4. Consent to Amendment. The undersigned owners, being all of the owners of the lots in Aspen Chance Subdivision hereby consent to this Second Amendment. J 5. Counterpart Execution. executed in multiple counterparts constitute one instrument. This Second Amendment may be which when taken together shall IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment on the date first written above. CITY OF ASPEN, a Colorado municipal corporation By: Alan Richman, Planning Director pursuant to the authority set forth in Section 24-8.26(a) of the Municipal Code 'l'/\ fit' f j ),^ ~T)\'/'v-~ [<~) \ ASPEN CHANCE, INC., a Texas corporation By: Neal Myers, President The undersigned, being all of the owners of the lots in Aspen Chance Subdivision, hereby consent to the provisions of this Second Amendment. LOTS 1, 3, AND 4 powder Lane Associates, a Colorado partnership, by Red Oak of Colorado, Inc., a Colorado corporation By: Michael D. Dingman, President -3- ...." '-...,,r' LOT 2 John Nichil LOT 5 Bertram R. Firestone LOT 6 American Red Oak Trust By: Michael D. Dingman, Trustee LOT 7 Aspen Chance, Inc., a Texas corporation By: Neal Myers, President -4- .. , .. STATE OF COLORADO ss. COUNTY OF PITKIN The foregoing instrument was acknowledged before me this day of June, 1988, by Alan Richman, Planning Director, on behalf of City of Aspen, a Colorado municipal corporation, pursu- ant to the authority set forth in Section 24-8.26(a) of the Municipal Code. 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 day of June, 1988, by Neal Myers as President of Aspen Chance, Inc., a Texas corporation. Witness my hand and official seal. My commission expires: Notary Public -5-