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Home My WebLink AboutLand Use Case.Pioneer Condos.78 . .. / \ ^ Recorded 1: 55~,.. May 161978 Reception # -." ZO..t..-o8 Julie Hane Recorder I" 1+ c " -," J ""'~/b/L... SUBDIVISION IMPROVEMENTS AGREEMENT PIONEER CONDOMINIUMS THIS AGREEMENT, made and entered into this ~ day of ~_ , 1978, by and betwenn A.E.M. PARTNERS, (herein- after referred to as the "Owner") and the CITY OF ASPEN, COLORADO a municipal corporation (hereinafter referred to as the "City"): WIT N E SSE T H: WHEREAS, the Owner has submitted to the City for sub- division approval, execution and recording, a Final Plat of the Pioneer Condominium Subdivision consisting of an eight unit condominium situated on Lots E and F, Block 32, East Aspen Additional Townsite as recorded in Ditch Book 2A at Page 252, and WHEREAS, the City has fully considered such Final Plat and is willing to grant approval of and execute the plat upon the Owner's agreement to make adequate provision for future improvements, all as required by virtue of the subdivision regu- lations of the City of Aspen, and WHEREAS, the Owner is willing to accept these condi- tions and to enter into this agreement with the City to provide for the same; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto stipulate and agree as follows: 1. The Owner acknowledges that the driveway entries as they presently exist must be paved with concrete between the curb and property line to meet City code requirements. The owner hereby agrees to make such improvements at its expense by June 1, 1978. .. " --,'.. . . .. 1"""\ ~ BDOK348 FACE 04 2. The Owner for itself, its successors, grantees and assigns, hereby covenants and agrees that it will affirma- tively consent to and join in the formation of any special improvement district, encompassing all or any part of the sub- division, that may hereafter be proposed or formed for the construction of any improvement required by the City's sub- division ordinance as now in force and effect respecting street improvements (including paving, curb and gutter, and sidewalk), drainage improvements, and buried electrical improvements. Further, the Owner waives and further covenants and agrees to waive any right of protest against the formation of any such district for the enumerated purposes. 3. The Owner for itself, its successors, grantees and assigns, hereby covenants and agrees that in the event the City undertakes street improvements (including paving, curb and gutter, and sidewalks) without the formation of a special improvement district when such street improvements include improvements in or abutting the property described above it or its grantees, successors or assigns will pay the actual cost of any such improvements abutting or within the tract described above, such payment to be made to the City within ninety (90) days after completion of the improvements and on receipt of written notice and demand for such payment. 4. The parties agree that the bonding and escrow procedures provided for in Section 20-16 of the Municipal Code of the City of Aspen, Colorado, are not necessary to enforce the provisions of this agreement and such bonding and escrow procedures are hereby waived by the City. 5. The Owner agrees that the number of parking spaces existing on the site shall be maintained, and that no additional structures shall be constructed on the site such as to reduce that area available for parking as shown on the Final Plat. -2- . '-<, ~ ,,-., BOOK 348 f,~GE 05 6. The Owner hereby agrees, subject to certain conditions, to grant to public use the parcel of land, which is more particularly described on the Final Plat, for an easement for electric and communications utilities, together with an access easement thereto through the parking area. 7. The Owner for itself, its successors, grantees and assigns, covenants and agrees that it (and successors, grantees, and assigns) shall continue to be bound by that coven,antproviding no units in pioneer will be leased for periods of less than six (6) successive months, which covenant is recorded in Book 289 at Page 978 of the records of pitkin County, Colorado. 8. The Owner agrees that each tenant leasing and residing in a unit within the subdivision at the date of this agreement shall have the right to purchase the unit within which he or she resides under such lease, at the market value as determined by the Owner, for a period of ninety (90) days from the date on which notice of the offering of the unit for sale is delivered to such tenant by the Owner or its attorney or agent. 9. The covenants and agreements of the Owner herein shall be deemed covenants that run with the land, shall burden the land included within the subdivision, and shall bind and be specifically enforceable against all present and subsequent owners thereof, including the Owner, its successors in interest, grantees and assigns. To apprise adequately successors in interest of these obligations, the Owner will incorporate by reference within the Condominium Declaration of pioneer Condominiums appropriate references to the obligations assumed herein, or to cause the recording of this agreement. -3- " . . ~ ,'-" , 8001\348 mt 00 10. Upon execution of this agreement by all parties hereto, and receipt by the City of appropriate recording fees, the City agrees to approve and execute the Final Plat and to authorize the recording of the same in the real property records of Pitkin County, Colorado. A.E.M. PARTNERS, a Colorado partnership By()7~ ~ patricia Boyd, a g eral partner, and as attorney-in-fact for other partners by instruments recorded in Book '3'11;;, at pages "~I ,~, ~, and '/'6"1 . - By ) i~2-t:<_,t~:",~ YJ /~~cf. William W. Boyd, a geneL61 partner By&E~~ partner By By CITY OF ASPEN, COLORADO .,.l~'" 'H~:~;:;':j~}~,~;,:11;~;''::t;, ~t:'n F;;;"1 "'.I~;:"~<:' ,r~,r:_,: " . r. '" ,CY,." ',. ........ V;tO 'z,... :-;,';';:"~)t;;.:, ~~:':(:,<;-;.... (0' "~,,;',~~:~~ ",.AtTES~:,? ~ '!C. , l ,~) j1l:t: By Stacy Standl~I' Clerk -4- ^ ,-- MEMO TO: PLANNING FROM: ENGINEERING ,1 DATE: Fe bruary 9, RE: Pioneer Condo Subdivision Final Plat I have reviewed the final plat with the applicant and he has agreed to make several technical changes requested. We recommend approval subject to satisfactory completion of these changes. The subdivision agreement is satisfactory as written, except that references to park dedication fees in paragraphs 9 and 11 should be deletedi. , ,. ,~ ~ LAW OF"F'ICES OATES, AUSTIN, MCGRATH So JORDAN eoo EAST HOPKINS AVENUE L.EONARD M. OATES RONAL.D P,AUSTIN ..I. NICHOL-AS McGF'lATH, JR. WIL.L.IAM R. ..JORDAN m ASPEN, COLORADO 81611 January 19, 1978 ROBERT W. HUGHES BARRY O. EDWARDS AREA CODE 303 TEL.EPHONE 925-260.0 Mr. William G. Kane Aspen/Pitkin Planning Office 130 S. Galena Aspen, Colorado 81611 Re: Final Plat - A.E.M. Pioneer Condominium Dear Bill: I have enclosed to the Planning Office (with an additional copy of each to Dorothy) the following: 1. Four copies of a final plat, 2. A copy of a proposed subdivision improvements agreement, 3. A copy of a letter from Jim Mollica to Mick Mahoney concerning valuation for park dedication fee, and 4. A check in the sum of $24.00 pursuant to Section 20-20 of the Code ($3.00 per dwelling unit) . The park dedication fee we calculate as follows under the existing ordinance: 8 studio units x 1 resident per unit x .0025 x 43560 sq. ft. x $10.80 per sq. ft., equals $9,408.96. You will note the payment is "under protest" to preserve our rights with regard to the validity of the ordinance, as others have been permitted to do, especially in light of Judge Lohr's recent ruling. We would very much appreciate early scheduling before City Council. You may recall this is the last multi-family conversion permitted under the old rules by the City (my .. ~ '-....., OATES, AUSTIN, MCGRATH S. JORDAN Mr. William G. Kane January 19, 1978 Page 2 original application letter is attached). If you have any questions, please let me know. Sincerely, OATES AUSTIN McGRATH & JORDAN By --^Lt- J. Nicholas McGrath, Jr. JNMjr/pp cc: Ms. Dorothy Nuttall ..- " ~. ~, ,..-, LAW OF'F"ICES OATES, AUSTIN, MCGRATH 8. JORDAN 600 EAST HOPKINS AVENUE LEONARD M. OATES RONALD O. AUSTIN ..J. NICHOLAS MCGRATH, ..JR. WILLIAM R. ,JORDAN m ASPEN, COLOF?ADO 81611 September 9, 1977 ROBERT W. HUGHES BARRY D. EDWARDS AREA CODE '303 TELEPHONE 925-2600 Planning Commission City of Aspen 130 South Galena Street Aspen, Colorado 81611 Aspen/Pitkin Planning Office Re: AEM Partners - pioneer Condominium Ladies and Gentlemen: You will recall that the preliminary plat matter of pioneer Condominiums, an eight-unit apartment house being condo- miniumized under the present application, was tabled by you last week for consideration on September 13, because of your agenda problems. We have reviewed Dave Ellis's memorandum and that of the Planning Office and agre,e with the conditions; hence, we believe that all of the requirements for preliminary plat approval are present. The purpose of this letter is to recite the background of this application principally for the benefit of the new P&Z members, so there will be no confusion that this was a preexisting application to which any further new and changed rules on condominium conversions may not legally be applied. This application was filed in February 1977 and at that time normally would have been granted a subdivision exemption. Thereafter there was some administrative delay in processing the application while City Council, and in part P&Z, engaged in a study in regard to condominium conversions; As some of you may recall, my office prep~red in behalf of this applicant and several others a factual presentation to assist the P&Z Planning Office, Brian Goodheim and counsel with legal research and a factual data (for which we hired a consultant) with regard to past conversions. Following the City Council meeting it was our understanding that Council agreed that because of reliance upon the past rules and because we had agreed to all rule changes or policy changes to that meeting (such as notice to tenants, rights of first refusal, and ,a six-month rental restriction, which already applied to AEM anyway) that AEM and the then pending Jacobie application, \ ""'" ,........, OATES, AUSTIN, MCGRATH & JORDAN September 9, 1977 Page -2- which were the only two pending multi-family condominiums conversion applications, would be processed as speedily as possible under existing rules without regard to any further changes. That is still our understanding and it is our view that that is both fair and legally required. Because there were some question at your last study session on condominiumization policy by at least one of the new members as to the appropriate time to apply the new rules, we would suggest that those rules should apply to applicants with fair notice of them, not to this one remaining multi-family pending application. On the AEM Partners-pioneer condominium matter, my clients and I have attended eight (and by the time it will be finished at least ten or eleven) City Council and P&Z meetings on what is not on its face a complicated matter. In addition, this eight-unit building was originally built under Ordinance 19 review, and hence AEM went through a many months review procedure under the rigorous standards of that ordinance. We understand your need for time to study the complexity of housing problems, and that is why we previously assisted you and Council in some of that study process. Thank you for your consideration. Sincerely, OATES, AUSTIN, McGRATH & JORDAN BY_~~ #J.c&,A J. Nicholas McGrath, Jr. JNMjr/gc attachments cc: Ms. Dorothy Nuttall, City Attorney ,!. ,,...., ,~ ~' ~1 ""'p.)' I,;} tJ.-.- .' , M E M 0 RAN DUM TO: Aspen Planning and Zoning Commission FROM: Planning Office (KS) RE: Pioneer Condominiumization - Preliminary Plat DATE: September 2, 1977 The Planning Office supports the preliminary plat of the Pioneer Condo- miniums to condominiumize an eight unit ,existing building at 915 East Hopkins Street. Conceptual approval was given by Planning and Zoning on March 1, 1977 and by City Council on May 23, 1977. The plat has been referred to appropriate city agencies and utilities. Three concerns were expressed by the City Engi neer in a memorandum attached . These should be conditions of approval. No other concerns were expressed except those of the Housing Office over the potential adverse effects of condominiumization on the low and moderate income housing supply. A six month rental restriction is i nc1 uded in the covenants pertaining to thi s property. A 90 day ri ght of first refusal to eXisting tenants should also be one of your condi- tions in accordance with Council's condominiumization policy adopted on May 23, 1977, and in accordance wi th Council's moti on of the same date conceptually approving the subdivision. Subject to the above conditions, the Planning Office recommends approval of the Preliminary Plat. Extra copies are available in our office. lmk enc. I;,de A ~AIh -- ~ ~ 'J)w,~" -I .v . ~ ~ rdi~ '~ ' ~~~~~ ~~.~ ~"~ ~~ Ptu-e{ /h'~ ~ ~ ~ nvfe.r4 AiM.. tw, ,-~ fA..) " (I r~ ~~ ~I'j Ix r~ t<.s! t~ i -pri tL ~? ~~. ~~~ tUR Por-~. ~-~ ~, ! . ~ MEMO TO: FROM: DATE: RE: r-, ,~, KAREN SMITH PLANNING DEPT. DAVEELLIS r--.-t::. / CITY ENGINEER~ L/ August 23, 1977 PIONEER CONDOMINIUM SUBDIVISION ~ PRELIMINARY PLAT REVIEW The engineering department has reviewed the preliminary plat and recommends approval subject to the following three comments: '- 1) A public electric and communications utility easement should be provided at the southwest corner of the building together with an underground and access, easement through the parking area. 2) The driveway entries must be paved between curb line and property line to meet code requirements. 3) The parking should be shown as a common element and moved north to the planters to provide adequate space. " , ~' t~'''' .. ... P I T It I N c o tJ' N T Y ~, ,-" DIRECTOR OF HOUSING . 50~,.E. Mai~ ASPEN, COLORADO 81611 . PHONE, (303) 925-6612 MEMORANDUM DATE: August 11, 1977 TO: Planning Office (Karen Smith) FROM: Brian Goodheim RE: pioneer Condominium Preliminary Plat - AEM Having reviewed the preliminary plat of the Pioneer Condominium, and being familiar with the property, the Housing Office has no comment regarding the proposal. Previous discussions with the City Council and Planning and Zoning Commission regarding the long and short term consequences of protracted condominiumization of rental apartments has already been made. It is the Housing Office's opinion that all the considerations which have been previously expressed remain as considerations regard- ing the pioneer Condominium. These considerations, as you remember, include immediate tenant displacement, non- affordability of the unit by persons of low or moderate incomes, and the incremental deterioration of the rental market in favor of expensive ownership housing. BLG:kc //7 , "IL "'t7 ; ,.~ 1""": Aspen/Pit ,130 s August 2, 1977 To Adjacent Property Owners: ~ ing Office treet 1611 Notice is hereby given that a Public Hearing will be held on September 6, 1977, at 5:00 p.m. in the City Council Chambers, Aspen, before the Aspen Planning and Zoning Commission to consider the Preliminary Plat submission for the Pioneer Condominiums Subdivision. The Subdivision application involves an eight-unit apartment building on two city lots at 915 East Hopkins Street. A copy of the preliminary plat may be examined in the office of the City/County Planner, City Hall, during regular business hours. ~ ~ M E M 0 RAN 0 U M TO: City Engineering Department City Water Department City Parks Department Fire Marshal City Electric Department Rocky Mountain Natural Gas Mountain Bell Aspen Metro Sani tati on Di stri ct Brian Goodheim, Housing Authority FROM: Planning Office (KS) RE: Pioneer Condominiums Preliminary Plat - AEM DATE: July 28, 1977 Attached is the preliminary plat submission for the Pioneer Condominiums Subdivision. The Subdivision application involves an eight-unit apart- ment building on two city lots atll915 East Hopkins Street. The Planning Office has tentatively scheduled the public hearing for Tuesday, September 6, 1977, before the Aspen Planning and Zoning Commission and would appreciate your comments prior to August 16, 1977. lmk enc. J rl :p '1/:l..i In -$f'-- ~, ~ ~..) \'.' M E M 0 R A N'D U M TO: City Engineering Department City Water Department City Parks Department / .....Fi1'e Ma rs ha 1 City Electric Department Rocky Mountain Natural Gas Mountain Bell Aspen Metro Sanitation District Brian Goodheim"Housing Authority FROM: Planning Office (KS) RE: Pioneer Condominiums Preliminary Plat - AEM DATE: July 28, 1977 Attached is the preliminary plat submission for the Pioneer Condominiums Subdivision. The Subdivision application involves an eight-unit apart- ment building on two city lots at 915 East Hopkins Street. The Planning Office has tentatively scheduled the public hearing for Tuesday, September 6, 1977, before the Aspen Planning and Zoning Commission and would appreciate your comments prior to August 16', 1977. n ./ ..4-rUL, ~. lmk enc. . """ -, M E M 0 R A N'D U M TO: City Engineering Department City Water Department City Parks Department ,/- Fire Marshal City Electric Department' ~ky Mountain Natural Gas Mountain Bell Aspen Metro Sanitation District Brian Goodheim, Housing Authority FROM: Planning Office (~) .- /3()-S. >>~"<.. RE: Pioneer Condominiums Preliminary Plat - -AEM ~r ~ DATE: July 28, 1977 Attached is the preliminary plat submission for the Pioneer Condominiums Subdivision. The Subdivision application involves an eight-unit apart- ment building on two city lots at:915 East Hopkins Street. The Planning Office has tentatively scheduled the public hearing for Tuesday, September 6, 1977, before the Aspen Planning and Zoning Commission and would appreciate your comments prior to August 16, 1977. r A;/~ - ~ hr?7?~, ~ ~c5 ~7~' I~ V~- 7?ta-u~~ /lc7 ;zff Yl,v:!f-5 lmk enc. . ,-. ;;-,., M E M 0 R A N'D U M TO: City Engineering Department City Water Department City Parks Department /' Fire Marshal ~y Electric Department Rocky Mountain Natural Gas ,Mountain Bell Aspen Metro Sanitation District Brian Goodheim,Housing Authority FROM: Planning Office (KS) RE: Pioneer Condominiums Preliminary Plat - AEM ,DATE: July 28, 1977 Attached is the preliminary plat submission for the Pioneer Condominiums ' ~, Subdivision. The Subdivision application involves an eight-unit apart- ment building on two city lots at:9l5 East Hopkins Street. The Planning Offi ce has tentatively scheduled the'publ i c hearing for .Tuesday, September 6, 1977, before the Aspen Planning and Zoning Commission and would appreciate your comments pri,or to August 16, 1977. lmk enc. ~ t 'rf: ~ ~ (..AW OFF"JCES OATES, AUSTIN, MCGRATH 8. .JORDAN 600 EAST HOPKINS $TRf:ET LEO NARO M. OATES RONAL.D D. AUSTIN oJ, NICHOLAS Me-GRATH. ..JR. WILl-lAM R. .JORDAN III ASF'EN, COLORADO 81611 July 25, 1977 RQBEF?T W. HUGH ES BARRY D. EDWARDS AREA CODE 303 TELE::PHONE 925.2600 Mr. William G. Kane Aspen/Pitkin Planning Office 130 So. Galena Street, City Hall Aspen, Colorado 81611 P.t \ PI /JYIU^" "a E' /.1 Dear Bill: Enclosed with this letter are 21 copies of the preliminary plat of the Pioneer Condominium, together with the fee due upon the submittal of a preliminary plat, the sum of $280.00. We would appreciate an early hearing before the Planning & Zoning commission. Sincerely, OATES, AUSTIN, McGRATH & JORDAN By J. Nicholas McGrath, Jr. ~~ JNMjr/gc enclosures / / . ~ /// 1""". ,~ MEMORANDUM TO: Aspen City Council FROM: Planning Staff (HC) RE: AEM Partners Condominiumization - Conceptual Subdivision DATE: May 18, 1977 This is a request by A,E.M Partners for conceptual subdivision approval to condominiumize an existin ei ht-st' . i:Ilent buildin9: loca e a _ E ,H pjp,ns street, The property consists of 6,000 square feet and is zoned R/MF, The studio units are 570 square feet in size, Eight parking spaces are provided as required by the zoning code, The project was approved under Ordinance 19 and is technically non-conforming as to density, i,e., six studio units would be allowed under present R/MF interests, The Ordinance 19 approval required a minimum six-month leasing provision, The engineering department recommends conceptual subdivision approval with no conditions, The P & Z has approved the request subject to the concerns of the planning office and engineering department, The comments of the planning office are as follows: 1, The applicants have agreed to give the right of first refusal to existing tenants to allow their purchase of the units at market value, 2, It is important to community stability that the existing tenants be informed of this condominiumization process so that they might be prepared to find alter- nate housing or purchase of a unit. The applicants have demonstrated that proper notice of this action has been received by the present tenants, 3, We require a 90 day notice to existing tenants giving a non-assignable right of first refusal to purchase the units at market value. 4. With the above considerations in mind, the planning office recommends conceptual subdivision approval, ksh ~, i"""'\ LAW OPF"tCES OATES, AUSTIN, MCGRATH 8. .JORDAN 600. EAST HOPKINS STREET L.F:ONARO M. OATES ASPEN, COLORADO 81611 RONALD D. AU STtN ..J. NICHOLAS McGRATH. .JR. WILLIAM R. .I0ROAN m AREA CODE 303 TELEPHONE 92S~2600 ROSERT W. HUGHES SARRY D. EDWARDS April 20, 1977 HAND DELIVERED The Mayor and The City Council City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Re: AEM - Jacobie MUlti-Family Condominium Policy Ladies and Gentlemen: Since the City Planning and Zoning commission wishes further to discuss the matter of policy as to multi-family condomin- ium conversion, and since it is our understanding Planning and Zoning will do so again on April 26, in order not to waste Council's time, we withdraw our request for specific hearings on the Jacobie and AEM applications for your Council meeting on April 25, which was requested by Lennie Oates at your April 11 meeting. Naturally we feel obligated to state, to protect our clients, that (1) we waive no legal rights we may have including, but not limited to, under all of Chapter 20 of the Aspen City Code; (2) we believe we have the right to a hearing on the specific appli- cations; (3) the City's administrative delay is illegal and arbitrary; and (4) the City is legal estopped from denying or denying further processing these two pending applications. Other than the necessary legal jargon and reservations above expressed, best regards. Sincerely, OATES, AUSTIN, McGRATH & JORDAN By ~../ J. Nicholas McGrath, Jr. JNMJr/ds ,.-... .-... , LAW OFPICES OATES, AUSTIN, MCGRATH & JORDAN 600 EAST HOPKINS STREET LEONARD M. OATES RONALD O. AUSTIN ..I. NICHOLAS MCGRATH, JR. Wll..~.IAM R. ....ORDAN m ASPEN, COLORADO 81611 BAF'1RY D. E:DWAROS April 19, 1977 AREA CODe:: 303 TELEPHONE 92S-2'fOO ROBERT W. HUOHES HAND DELIVERED Mr. Charles Collins Chairman, City Planning and Zoning Commission 130 S. Galena Aspen, Colorado 81611 Gentlemen: ...... We represent AEM and t~cobi~ which have two of the only three pending multi-family condomlnium conversion applications on file. AEM received conceptual subdivision apprQval from you many months ago as did the Jacobies. As you know, in the mear~vhile, the City Council has more or less adopted administrative delay with regard to the processing, first of duplex conversionp and, second, of multi-family conversions, pending obtaining data from Brian Goodheim, the Pitkin County Housing Director. We supplied substantial data to City Council that hopefully helped them to resolve the duplex condominium conversion issue. As you are aware from the materials we sent to you for this meeting, we have also assembled some data and tried to provide some input to City Council with regard to multi-family condominium conversions. We understand that Brian's memo and the matter of multi-family condominium conversions are on your agenda as a stUdy item this evening. We do not wish to take your time by making oral presentations. We have presented written data and are hopeful that you will have considered it. All we request is the following, some of which are alternatives: 1. That the existing three multi-family condomin~um conversion applications, the granting of which in no way can severely I"'" ,.-" April 11, 1977 City Council City of Aspen 130 So. Galena Street Aspen, Colorado 81611 Re: AEM Partners--Condominiumization Ladies and Gentlemen: I am tenant presently residing in The Pioneer Apartments, (Unit No.8), which the owners are seeking to condominiumize. I am a nurse (obstetrical) at Aspen Valley Hospital and so far have not been able to find suitable living accommodations to purchase. I have discussed with Pat Boyd of AEM Partners buying the unit I live in and the price and terms we have dis- cussed are generally acceptable to me. I would very much like to buy my unit and hope you will grant AEM's application. Given my position at the hospital, I do plan to reside here on a long-term basis, but only if I can find suitable accommodations to buy. Yours truly, NefUO~, ~NK&/) Denise Duerksen ,; -) , " ~v' JJ.;1t1 ~ -- A#I .1.' 1"""\ ,-. LAW OF'F'ICe::S OATES. AUSTIN, MCGRATH 8. JORDAN 600 EAST HOPKINS STREET :....;;:ON;..~;:) M. OATES RO'..:.:,.D ::;>. AU STIN .,) r.I~....=>I..AS MeORATH, .JR. W.:,.:....,.l."! R. ..JOROAN m ASPEN, COLORADO 61611 April 8, 1977 AREA CO,,~ 303 TEt..EPHON>~ 923-2:;800 Aoe:;;::>"':" W. HUGHeS 6....==1'" O. EOW;"ROS The Mayor and The City Council The City of Aspen 130 South Galena Street Aspen, Colorado 81611 Re: Multi-family apartment condominium conversions-~AEM Partners and Jacobie applications. Ladies and Gentlemen: As you know we represent AEM Partners, who have an existing application to condominiumize an eight-unit apartment house, and Susan ahd Craig Jacobie who have an existing appli~ cation to'condominiumize a five-unit apartment house. It is our understanding that on your Monday agenda, you \vill discuss your policy position with regard to multi-family apartment condominium conversions, but that the particular appli~ cations of AEM and Jacobie are not on the agenda. As you will recall, at your last meeting, I indicated that we would like to assist in providing you some additional data regarding multi-family condominiums, similar to the data we provided to you regarding the duplex ,situation. Attached hereto is some data with regard to multi-family apartment condo- minium conversions, and one project that was approved initially as a condominium. This data was prepared with the assistance of John Doremus, who a,cted as consultant for us. It also in-' eludes data gathered by Brian Goodheim, which he was ki~d enough' to provide to us, although he is not responsible for the ac~uracy of the data we have supplied. We believe the attached data shows again that multi-family condominiumizations meet a.significan't market need in the community for local people. , We regret that the data is not totally complete, out we QJ.a not Know some of the tenants or O\vners and, hence, could not indicate their permanent status or employment, \Vhich we think would be relevant to your consideration of t,his issue. Also, \-Te are sorry ,that we were unable to survey many more of the existing mUlti-family condominiums in the City" since our belief is that the vast majority are owned by locals, with perhaps significant exceptions principally the luxury units near the base of Aspen Mountain. <'c " 1"""" , . . r-. OATES"AuSTIN So MCGRATH Pag~ TI'TO April 8, 1977 In my letter previously submitted to you, which is attached hereto without the then submitted data on duplexes, , I do refer to one example of a 1972 condominium conversion of a twelve-unit apartment house, the Demos Apartments, on East Hyman, because I lived there. I think there are other such examples. Also, I enclose a copy of the previous letter to you because it does discuss briefly the legal basis (estoPpel) you might have for approval of existing multi-family condominium conversion applications, regardless of whatever general policy you may decide upon. As you know, there are only, three such pending applications, two of which we represent. With,regard to AEM and the Jacobies, as we have previously stated, they act~in reliance upon your existing policy, of granting such approvals and haveexpenQed substantial funds in attorney's fees, surveying fees, and the like. We believe, and hope that you will agree, that it would be extremely unfair to apply a new policy of prohibiting such condominium conversions (sub-' division exemptions or approvals) to AEM and Jacobie, both of which have received conceptual subdivision approval from P&Z, and both of which will accept (1) a 6-month rental restriction, (2) payment of park dedication fees, and (3) rights of first refusal to existing tenants at market value. We hope that the data supplied herewith is helpful to you, and I apologize that we were unable to get this material to you sooner than late Friday afternoon. Once again, thank you for your consideration. ' Sincerely, OATES, AUSTIN, McGRATH & JORDAN \ By lJ l6k. b \G-,..4 J. Nicholas McGrath, Jr. JNMjr/gc cc: Planning Office Brian Goodheim 1""\ .'~ I~ 140 en U1 ... "" :~ I-' 0 p"p',. , . ~~I'( ::0 fa 0 (1' 0. '1 P fa .<, ~ lIlC 0. . 0 3 (Jl 0 C (1' tr ' -u> -u>, -u> -u> 'U> >cl 0- en t.~ "'. '" '" '" '" ::0 en - J .. W W W W W H () - . . . . . 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Ii 8 :1 Ii (I) :> rr ,.,....\..,.,..,,,.., >:';;P" ..<,:>::~~ ,'.;':;.:,:.,";:'.(:'; ".',,~"i.~,..' ',,',1:';','-'"'' ;;".-,,"', -'.:'.;:'''''''' '{ZJ~j~:;<d:,--;:. ;,. ~' t " (,~ ~ (, '; . . LAW O~FICES OATES. AUSTIN, MCGRA1H 8. JORDAN 600 'CAST HOr->r.INS STRE.ET L.!::;O:-;<\H~ M. OAT~S P.O~;,U_O O. AUSTIN ASPEN, COLORADO $1611 ..J. NIC~OLAS McGRATH. ..IF!. \.;i::,,!..'A~ P. JORO....N m '11arch 24, 1977 ROB~~7 W. H:.JGH5:S TELEPHO~E: S":":::lJ:l":' o. EDWARO$ Aspen/Pitkin Planning Office City Hall, 130 South Galena Aspen, Colorado 81611 City Council City of Aspen 130 South Galena Aspen, Colorado 81611i Planning Commission City of Aspen 130 ,South Galena Aspen, Colorado 81611 Mr. Brian Coodheim Director of Housing 506 E. Main Street i Aspen, Colorado81611i \' ;\ Re: Condominiumization of duplex and multi-family i structures; our letter of March 23, 1977. ' Ladies and Gentlemen: In connection with the letter and data submitted as referenced, I enclose a list of duplexes which are presently listed for sale, though not condominiumized. 'I. hope this will be helpful in your appraisal of the condo- i miniumization issue. ' Sincerely yours, OATES, AUSTIN, McGRATH & JORDAlN i I By ~r' -- --- ",dHards ' , BDE/gc enc. . ~; (' ,-., :(r' , t'_ " . Submitted by: Oates, Austin, McGrath ~ Jordan John Doremus DUPLEXES PRESENTLY LISTED FOR SALE (Not condominiumized - data from realtors) LISTINGS 1. Seymore Duplex (Old Branch Place) for sale on 420 iV. North Ave., Lots 14-20, Blk. 101 + 1/2 alley 4,000 sq. ft., price $450,000 2. Resnick Duplex - 1/2 for sale, Meadow Ranch, Snm-nnass Lot E3, 3 bdrms., 3 bath, under construction, 1,972 sq. ft:, price $125,000 ' 3. Neil Ross Duplex - 1/2 price $87,500, Lot 3, E. Neadow Subdiv., just off I1idland, 1,000 sq. -ft.,' 3 bdrms;, 1 bath, occupant owner 4. Carlson/Hanson Duplex, Lo-t 11, Blk. 1, Mtn. Valley, 1,875 sq._ft. to-tal, 3,bdrms., 1 bath, 2 bdrms." 1 bath, long term ,tenant, price $135,000 5. Law DMPlex, $185,000, 3 bdrms., 3 baths, 2 bdrms., 2 baths, East unit 1,144 sq. ft., West unit 1,222 sq. ft., West Aspen Subdiv., Lot 25, Film, one 6. Condo-Duplex - Goldsmith (Mogul Condos), 3 bdrms., 2 bath; 3 bdrms., 1 bath, $190,000 both units, owner occupant, 2,080 sq. ft., Red Butte Subdiv. 7. Leatzow Duplex, 4 bdrms. 2 1/2 baths each side, price $227,500, 4,080 sq. ft., owner and tenan-t occupied, Lot 9, Blk. 1, Mtn. Valley 8. Moore Duplex, Lo-ts P & Q, Blk. 8, City (nex-t door to Doremus), price $254,000, all :long -term tenants, 3,600 sq. ft., 3, bdrms., 2 baths each side 9. Honey, et al., Duplex, Lot 43, Filing One, West Aspen Subdiv.~3,500 sq. ft., 4 bdrms., 2 bath and 4 bdrms., 3 bath, price $265,000 . - ~ ';::"" ~:',~ ._g.:~;~;t;~i' ,.."",,, -- UN"".r.;:.."~~",, ,..,,'..-.,__4.7" "...., ---- - -- --.- , ..." ! ~ ~- tI""\ ~ LAW OFFICES OATES. AUSTIN, MCGRATH 8. JORDAN 600 EAST HOPKINS STREET t..~OSARO M. OATES P.ON.JoL:J. D. AUS'rlN ASPEN, COLORADO 81611 ..J. ro,PCHOl.AS MCGRATH, ...,IR. WILL'AM R. .JOROAN m March 23, 1977 AREA COOE 303 I TELEPHONE 92'5-26,00 Roe;:~T W. HUGHES eARR'" o. eOWAROS Aspen/Pitkin Planning Office City Hall, 130 South Galena Aspen, Colorado 81611 City Council City of Aspen 130 South Galena Aspen, Colorado 8i1611 Mr. Brian Goodhei~ Director of Housing 506 E. Main Stree~ Aspen, Colorado a1611 Planning Commission City of Aspen 130 South Galena Aspen, Colorado 81611 Ladies and Gentlemen: We represent Luke Anthony (Alpine Acres), AEM Partners, and Craig and Suzette Jacobie, all of whom have pending applic~- tions for subdivision exemption for the condominiumization of existing dupl~X (Anthony) or multi-family structures (Jacobie ~nd AE!<l) , action on which has been 'tabled by the City Council. We ialso represent Mike Annan who will soon apply to cbndominiumize two I duplexes he owns. The purpose of this letter is to address yo~r concerns regarding the effect of condominiumization of existing apartment units on the local housing market, as well as to sum~ marize pertinent legal and policy considerations for your revi~w. We have, with the assistance of John Doremus, acting as a consultant to us and in his own behalf for his penqing duplex condominium application, prepared factual dataseparatety sub~itted. The data is not totally complete, but it is the be~t we have at this time. Perhaps the most logical starting point for this disdussion is ~20, of The Aspen Municipal Code, which is the subdivision regulations ordinance. As is stated in ~20-2, the purpose of ~he regulation is to assist in the orderly integrated development df J..spen and to "encourage well-planned subdivision." The primary[ i;t1.:?ort: of the regulations are the control of ne", development, ,-lith the requirement of detailed data from the developer as to lots ,I roads, utilities, plat details, landscaping, and the like at e~ch stage of the subdivision process to insure that the purpose anq intent of the subdivision regulations are met. To a much lesser degree do the regulations speak to existing structures. Though cOLdominiumization of a duplex or multi-family structure, b~' virtue of Senate Bill 35 as amended in 1974, is technically a t"""\ OATES, AUSTIN B. MCGRATH Harch 23, 1977 Page T\vo ~ .' "subdivision", the purpose and intent set forth in ~20-2 does no~ really speak, to regulation of the design and improvement of exist.ing structures. Moreover, the building permit and zoning criteria hkve necessarily obviated any need for a great portion of the review ~alled for by the subdivision procedure concerning existing structures.! Suffice it to say that exemption from the full subdivision proce;:tures is perfectly proper and advisable where, as in the case of existing structures, the purpose and intent of the regulation has already' been met or cannot be efficiently and fairly achieved by requiring further review, since the regulations speak mostly to'new, not existing puild- ings and development. i The exemption process set forth in S20-l9(b) of the A~pen' Municipal Code, is not merely a convenience to the applicant, as! several council members have on occasion stated. It serves as ai, more efficient, less expensive, and time-saving device from the , point of view of the Planning Staff, the Planning Commission andi the City Council itself. The elimination of the, detailed three-~tage review process!,for projects which canno't, by virtue of their alrl=ady having been des~gned and constructed, fully compliment the purpo~e of the subdivision procedure, is obviouSly a desirable end b:omi everyone's standpoint. The applicant avoids additional surveying, engineering, design, and legal costs, which of course contribute! to the cost of the project; such savings can be passed on to the pu~chaser of a condominium unit, just as the concomitant costs of complianpe with the subdivision regulations are necessarily passed on to the purchaser. The concern of the City Council with the rising cost ' of condominium units in Aspen is well-served by the cost reductibns made possible through the exemption process. The time savings represented by 'the subdivision exemp~ion process would also--hopefully--free the Planning Staff and Council to concentrate on important and significant planning matters, SuCh as a complete Master Plan for the City, as is required by Sectioh 31-23-203, C.R.S. 1973, and of course the GrOl..th Management Plan!. The Planning Department and Planning Commission, withl minimal staff objection, have recommended that, as a matter of COurse, existing duplexes be exempted from the subdivision process on pr':wer application--indeed that they be treated as a simple pro forma matter by you. These recommendations have been made after thorough review of all pertinent facts in view of proper planning considerations! and repeated discussions with the applican'ts. Such ,,;ell-consicered , opinions by the staff and Planning Commission should not be takeh lightly by the City Council, for the expense incurred and time ! expended by the Planning Staff and the Planning COnLl1lission men'beirs : 1"""\ 1"""\ , . OATES, AUSTIN 8. MCGRATH Narch 23,: 1977 Page Three are substantial. If the City Council deems it appropriate to consider all applications "on a clean slate", or "ad hoc" basis,! then perhaps it should consider the tremendous expenditure of time and effort by not merely the applicants, but the Planning Co~~ission members themselves. As the information regarding duplex condominium sales' provided by your staff and the accompanying data tabulations shot.", Aspen residents have purchased the great majority of available duplex condominium units. Thus, the concern of City Council that local housing is somehow reduced by such condominiumizations is not substantiated in fact, although a different local market may! also be involved. Though the data is not complete, we also ' believe that multi-family structure condominiumizations will give rise to the same basic fact--that Aspen locals buy the large majority of available condominium units. And this can be encouraged by your standard long-term rental restriction. There may be some reason to question whether a majority of per~ons who presently rent apartments can afford to purchase them when condominiumized--but tha.t does not mean , the condominiumized units are not meeting a. legitimate local ne~d. As is discussed in the AEM Partners application, and reiterated ~t the last meeting of City Council, the ability of an Aspen resideht to finance the purchase of a condominium is much greater than hi$ ability to finance the purchase of an entire duplex. Even more ' significant is the inability of a person to finance the purchase! of a unit in a multi-family building unless that unit is a ' condominium. Not only does a condominium serve more adequately , the loan security needs of lenders, but it also allows a purchaser to be more financially liquid due to the lack of necessity of becoming personally obligated for a loan used to purchase an entire duple~ or multi-family structure--which mast ,of the locals involved could not do any~.,ay ~ The City Council has expressed concern over the rising housing costs in Aspen, and the inability of local residents to i purchase housing or find rental units at affordable rates. Dire~tly related to the rising costs of condominium housing are the proce~ures which some applicants must comply with if not granted exemption ~rom the subdivision regulation. ,Also, the required park dedication br fee in lieu of dedication directly contribute to the cost of such housing. Such a dedication or fee is arguably discriminatory against the applicants, since the apartments presently existing are of the same density and require the same municipal services, yet are nolt, required to dedicate land or pay fees for parks and recreation p~rposes. , r--.. ,-, OATf::S, AUSTIN a MCGRATH Barch 23, 1977 Page Four There appears to be no rational basis for the distinction drawn bY the Nunicipal Code between requiring such dedication or fee of I subdivision condominiumizations and not requiring it of existingl apartments. ' The legal basis for upholding the park dedication reqluire- ments of s20-18 of the Aspen Municipal Code and Ordinance 63, ! particularly with regard to existing s.tructures, is not unassail!able. The only significant Colorado authority which speaks to the iss~e of dedication or fees exacted by a municipality is Stroud v. Ci~y of Aspen,' Colo. , 532 P.2d 720 (1975) .*/ In Stroud, it was I held, inter alia, that a fee exaction by the City of Aspen for ; off-street parking which was not used to provide such parking spe!cifi- cally to the persons paying the fee was unjust and unreasonable,! and therefore unconstitutionally exacted. Applying Stroud to the facts in the condominiumizatidn of existing st~uctures situation, it would follow that any dedi~ation or fee in lieu'thereof exacted by the City of Aspen upon grantin!g subdivision app'roval or exemption must necessarily be applied wi!thin a reasonable time to the specific benefit of the condominium unilts, rather than to City public purposes at large. This rationale i~ supported by the Colorado Supreme Court in Stroud [at 532 P. 2d 7123]: "Although the record shows that Aspen did acquire some additional land for off-street parking and made certain minimal improvements to a previously owned parking lot, these and other traffic improvements, as, far as we can determine, were very minor 'and paid for not only out of the earmarked lease fund, but also from other general revenue sources. Moreover, the improvements were of benefit to the people of Aspen as '!:/ In City of Colorado Springs v. Kitty Ha,,,k Development Co..' 154 Colo. 535, 392 P.2d 467 (1964), the Supreme Court, in a split dE1cision, upheld a cash payment to the city of eight percent of the value lof land which was annexed to the city at the instance, of, the corporate ~eveloper of a subdivision. However, the cash payment was upheld solely qn the contractual agreement of the developer to make the payment; thu~, the case does not represent approval in Colorado of land dedication lor fee exactions without consent. r-- ,-. OATES. AUSTIN & MCGRATH Harch 23, 1977 Page Five a whole and have not been', for the use and benefit of the Strouds or other lessees of off-streeet parking. The City has no present plans to devbte any portion of its parking lots to the enumerated spaces speci- fically paid for by the lessees, Strouds, or others who also opted for the [fees' payment] . \ i'l "In short, Aspen has undertaken little or no solution of its parking problems for the fees collected for that specific purpose * * *. But the power to impose fees under perti- nent statutory authority presupposes the obligation to construct and operate the services contracted for. An ordinance fee imposed but unfulfilled is unjust and unreasonable and there- fore unconstitutionally appl,ied." Although there is authority in other jurisdictions upholding the validity of exaction of dedications or a fee in lieu thereof upon subdivision, virtually all of, the cases address lands which are to have new structures placed on them. Such neHi development necessarily requires new and additional public servibes, such as parks, schools, other public improvements, etc.; thus, t~e justification for requiring such dedications or fees. See, for' example, Associated Home Builders v. City of Walnut Creek, 94 Ca'l. Rptr. 630, 484 P.2d 606 (1971). No such increase in residents op:: demand on public facilities arises in the case of condominiumizaition of an existing apartment structure, be it duplex or multi-family'. Thus, the cases supporting the exaction of dedications or fees upon subdivision, even in their most liberal interpretation, as in th~ City of Walnut Creek case are not applicable to condominiumizatibn of existing structures. Additionally, the majority of jurisdiction!s have held tha't land dedicated, or fees paid, must be used for th!e direct benefit of the future inhabitants of a subdivision, and not for :the benefit of the community at large. See, generally, 43 A.L.R. 3d! 862 !;'S; 2, 3, 8 and 9. Stroud, supra, follows this maj ori ty rule. '1'1'\e majority rule is based on the simple yet fair rationale that if !the benefit of an exaction is shared by all, so should the burden b$. Thus, unless the City of Aspen, uses the fees required of applica!nts upon subdivision or exemption in a manner which is specifically 'a21d 1"""-. ~ . . OATES, AUSTIN & MCGRATH Harch 23, 1977 Page six uniquely attributable to the activity generated by the condominipmiza- tion, it arguably is invalidly exacted. That is, the majority jcule is that subdivision land or fee exactions are valid only if the fees go to benefit the particular subdivided land. See Board of Education v. Surety Developers, Inc., 63 Ill. 2d 193, 347 N.E. 2d 149 (197p). Aunt Hack Ridge Estates, Inc. v. Planning Com. of Danb~ry, 27 Cor-no Supp. 74, 230 A.2d 45 (1967);'AnnoL, 43 A.L.R.3d 862."T Therefore, perhaps in view of the possibly dubious legal validity of dedication fees for condominiumization of existing apartment structures, the City Council should consider dropping ~he park dedication fee payment since it,results usually in a major: cost increase passed on to the local buyer, reducing the market,; which is precisely the opposite of at least part of your articulated pblicies. Section 20-19(b) of the Aspen Municipal Code is a leg~sla- tive mandate to the City Council to exempt from subdivision proc~dures those projects~hich do not come within the intent and purpose, o~ the subdivision regulation. The language is taken directly from: Senate Bill 35.\ The City Council may not refuse to exempt from ~he definition of subdivision a project simply because it arbitrarily feels that the project does not come within.the purpose and intept of the subdivision regulations, or because it feels too many exemption applications are on file. In Stroud, supra, at 532 P.2d 723, th~ .Suoreme Court found that the disputed ordinance did not provide I sufficient standards for an objective review of the lease terms in dispute in that case. Similarly, in the instant situation, the exemption procedures provide no standards whatsoever for the City Council to consider in determining whether or not exemption is ' justified under any particular set of circumstances. Thus, as , in Stroud, the City Council is, under a duty to formulate objective standards which can be fairly applied to all applicants--and reliied upon by them--for subdivision exemption. It is therefore sugges~ea that, in the interest of fairness and legality, the City Councilj formulate such standards so that all persons applying for subdiv~sion exemption may be treated predictably and equitably. Attached hereto are the standards adopted in the Pitkin County Land Use Code whi~h were modeled on Boulder's standards. */ In order not to mislead you or .the City Attorney, vle of course acknovlledge the minority rule as represented by California cases; as allowing subdivision exactions for any general public purpose; whetr18r or not directly related to the particular subdivision. ~ut the Colorado Su~reme Court's opinion in Stroud would seem clearlv to place Colorado in the majority rule column. ! ! : : : : . . . r-., r"\ .. . OATES, AUSTIN So MCGRATH Narch 23, 1977 Page Seven In conclusion, based on the foregoing authorities and the factual data submitted herewi,th, it is strongly suggested that the City Council reevaluate its policy regarding inaction on or denial of requests for subdivision exemptions for condominiumizations of existing structures_ While beyond the scope of this presentation to you for this work session, ,ve also believe it would be illegal (as well as unwise) as discriminatory to deny subdivision approval fpr condominiumization of existing apartment houses. That is, the traditional,use category is "multi-family dwelling;" ,a condominip.m is merely a form of ownership, and it is authorized by state law, If you wish to preclude tourist accommodations, you may do so in! other ways more clearly legal, by providing better definitions ih the use sections of the zoning ordinance. Next, we would urge that no matter what you do, you should process '~lleKisting applications under , existing rules. All of our clients have relied upon those rules and your practic~ , under them--and all have spent substantial sums for surveying, ' appraisals and legal fees. To change the rules as to pending , applications, is, not only unfair, but again quite possibly illegal, although of course many of those affected probably could not aff~rd to sue the City. As to estoppel and reliance, the City Attorney! may wish to consult Heeter, "Zoning Estoppel: Application of the Principles of Equitable Estoppel and Vested Rights to Zoning Disputes," 1971 Urban Lm., Annual, pp. 63-98, a copy of which I "Iill make available of course. We all in this community recognize and 'share the Council's (and for that matter the County's) concerns on moderate housing.! But precluding all condominiumization of apartment houses and duple~es is neither reasonably related to those concerns, nor fair, nor ih our vie,., legal. Finally, I would like to indulge in a personal,yet hopefully relevant, note. I lived for two years in a studio in i Aspen; a client condominiumized a 12-unit apartment house, so in' 1972 I was able (with believe it or not some scrimping) to buy a! condominium. In the condominiumized apartment house, a local pll,mlber, a stero shop owner, an employee of a property management firm, ' several ski bums of a permanent nature, a real estate employee, i and other locals also bought units. Some still live there . iHth the appreciation of my unit, I was able to make a down payment oh . a 15-year old, Capp home. I like it a lot, without the house, I! , \ " . ~ ',,-, I"". OATES. AUSTIN 8< MCGRATH Marc,h 23, 1977 Page Eight probably would have moved on. Without condominiumizationI would not have obtained the house. Thank you for your consideration. If we can provide further data or assistance, please let us know. Sincerely, i OATES, AUSTIN, HcGRATH'&.JORDAN! By tJ~GtA- UtC''Jcd..P: . J. Nicholas HcGrath, Jr. ." \; ~ JNHjr/gc "'3:0 """ :'-00 '"'l;V(J:S: Z ~--- O;v (J c...0[fl 00 ::SS <') ....-0 PI ....- PiO 0 o~c 'V !--' C ::s C fi 0 ::s fi 0", ......8 ZO ::Jr.-v Pit-'O' fDtO Ii ^' P,tO ^' fD fD Oc:: ::l CD 3 rT ....' ...... to D OPi ~ 0'0 ill t-'- o CD OJ...... ......'" fi ::r: '" I t-< 0- rT :3:PJ cro ...... CD ro(J Zt;j 0 rT !OJ (I) fifi OJ t' rT ......0. OJ0 :;:.>< fi ::>0 ::SPi:T fi 00 ......::s CD ....- 3: (1) CP" C ~ PJ O(J ::Srt"::;: fDP" <:X' t'l S en (])P,1i> ~o ::s (!) fiO C rrO' ...... rT en ::s .....NPi :s: en ....-'< 0 P, (]) p, en Pi ::s .. 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SECTION 4 SUBDIVISION REGULATIONS , i \ i 4.01 Subdivision Procedures ,Procedures for application, review and approval; disapproval, or conditional approval of a subdivision are described in Section &, Common P,!'ocedure, of this Code. 4.02 Exemptions 4.02.01 In addition to those exemptions listed in the definition of "sub- division" found in Section 12, a duplex tha't is permitted by special review in any zone district shall' be exempted from the subdivision procedures, except that condominiumization or its equivalent shall be considered a subdiv~sion. Any ~uch duplex exemption shall not require processing under the exemption pro- cedure of Section 4.02.03. Other exemptions'from the definition of "subdivision" may ,be granted subject tp the condi,tions and ,procedures in Sections 4.02.02 and 4.02.03 below.' 4.02.02 Conditions, for Other Exemptions ,1\ a. The Board may exempt from the definition of the terms "sub- division" and "subdivided,land" as provided for in Section 12 Definitions, any division of land which: \ i , i i. , , , \ 1. ,Is for the purpose of changing the form of ownership of a previously subdivided parcel, provided that change does not alter the overall existing density of the parcel being subdivided. 2. ,Is for the purpose of revising lot lines from those shown , on a recorded plat and which creates no more than the re- i corded number of parcels, subject to the follo"ing' conditiohs: i i Any lot or parcel created shall conform to the minimQ~ requirements for area,-or dimension as established by any provision of this Code. ' If the lots of the original recorded plan "ere non- conforming,- lots or parcels created shall not increas~ the existing non-conformity. Applicable law relating to amendment of recorded plats, ,:, is complied with. ' ii iii 3. Is for the purpose of correcting an engineering or survey error in a recorded plat, provided that the correction or corrections continue to meet the standards of this Code ane i 'provided that applicable law relating to amendment of I , recorded plats is complied Ylith. ' I I i , i I i I \ i 4. Creates parcels for community facilities (inCluding utility land acquisition) provided that the exemption conforms wi~~ the policies and regulations of this Code. :i I , 'I I I !: t II ji II Il 11 II II "I I " I' 'I! \", I, II' Iii t!f i~ ..' .!f;;.:........ "',-. ^~_ ,'-, ...:.-..x:.:.--:..,....>;,.;,~..l'rfr.!-,.}: ~ ~: -G-~~~J" ~?~~f)~J' -1.;,~'.;':~ ~,~72<1 8:,~t;-;:.~ ~ '-:t~.....;::~."o... ~-"~!;{r;..~"'~~~"; .'Y.>>'uJ-.~ 'l. v/;....;{,f";;'~' "-<,, ~>;~~*)~~~~~:~~~1~~~~~~:5:~~:~,,~ i~~:z$~~~~ z~~~,"",,~'~';:'''~.t:.'''~'''s..''',,:;'':~':;.::;~::>!; '..J':t ....-~.....;>k~~dt' ""'J..1.j__":;_~;.;;t~...~_,- '. , ~ffX~il1m~~!~~!~,...i:...~.:~',.,...~~:".,:..:~,:.~,....",,~,,;,..,~;:,~.;;, "~.':,,'~:~:,,I:;~:~;~,;~;.;:.,: ,,~::,:JL~:G;- ~.~:i'::',~:~~:; i I , I I , , i i I , i " \ ~~t~~;~~;~~rf~J:'!i~!~ <'<':i~'" ;':)'C~~":;.Sl.,~.~ ~........."~ '. -".', ..... ~"''-~~~,",,'$'t~ ~~$1.::7~~~:;':"",;-~",<.."'i-?i.~"~>-;::' \~~~ -. ~~.F::t~~~~~~ ';;:,:"i...:o:.;;.f,?;.~...~-~'<J-"",'!t"~""-"'5.._~.~,....~j.,--",,,, .~. ... .:~~;:;:.~ . .j~~~i:~~1g~~;~~"~~~;;~: =;'~'~~f1~~~~ , .. ~.,. 1,(';' r; J ,pJ./, ~5 ;. .,.-:::.'5 .. ~ tc,j b. i , shall confona to tHe 1 I, The Board may condition the granting of any such exemption oh a dedication by, the owner or owners of land for, trails, bike~ \<ays, streets, parks, or other public purposes_ such (1edica~ion shall be in accordance \dth any applicable County plans or :.. standards for such public use areas, and, in particular, wit~ the County specifications for Roads, Trailways, and Bikeways~ Such dedica'~ion shall be considered in lieu of the more s~ri~gent requirements for the dedication of public areas that would h~ve applied to the property if the property had not been exempted from the nOrmal Subdivision process. 1 i Any exemption granted under policies and regulations of this' Sec,tion this Code. c. d. If the exemption application is for a commercial condominium ! or lodging use that can reasonably be expected to generate a need for employee housing, the Board may condition the granting of an exemption On the applicant's demonstration of compliance \<ith the housing policy and regulations, 'Sections 2.'15 and 5.30. T'ne Board shall consider' the representa'~ions I ma4e by the applicant concerning expected numbers of employee~ ,an:J housing thereof, data supplied by the Planning Office con~ cerning employee generation of similar uses, the housing poli9Y, location of any condominium development and its potential fori use as short term tourist rentals, and any other comments and i, recommendations of" the Planning Office and the Housing Direct~r. , ! 4.02.03 Exemptions Application Procedure a. Any person seeking an exemption from the terms "subdivision: and "subdivided land" shall submit three (3) copies of the following information to the Planning Office: i , I " , i I I , i 1. Disclosure of OWnership The applicarit must provide a certificate from a licensed title insurance company or attorney which certificate shall set forth the names and addresses of all owners of the property including all mortgages, judgments, liens, i easements, contracts, and agreements of record ,in the \ County which affect the title t~ such property. The I applicant shall provide evidence establishing his interest I and 'right to use or deal with the property. I 2. A map indicating the location of the parcel or lots for which an exemption is sought, the acreage of each parcel I or lot, existing and proposed lot lines and easemen~s on i such parcels, existing and proposed roads, any areas to be i dedicated for public use, and any units to be set aside fori employee housing, and proposed 'access to a public road. I ~~4~~~~~~~I~'~4~~~~W;h!~~~~~~':;~- ~:i~::";.:F...l~.fr;i,: :~~..>w~~~;.-;.t... ~;~~:;;;-t~ f2-7~,~~~~~:~f""< ~ 1~:~~f~;~f~~~!J!0~Z{:~~:;~~~?ti~~,~f,~~ I ~ r t ~ f? " k if I,>:'> ~ r; ~ ~- ::f~ .-::.., ~,.. .:';~~ :" fj;:'l:j ~~. .. ,~ ~ I] f'l'!," Li! ,Ail, _' Lii ~ ~ ~ La' PJ:!l,' " [~ ~ ~ , - ~ " ..~ ,..~ TO: FROM: DATE: RE: ^ 130 so aspen, MEMORANDUM Clayton Meyring Mick Mahoney <<"0#" March 7, 1977 ~ SPEN street 81611 A. E. and M. Partners Property, Lots E & F of Block 32 Park Dedication Fee Valuation Per the attached letter from James J. Mollica dated March 2, 1977, I accept Mollica's valuation of Lots E & F at $65,000. Please process accordingly. PS14/pm Attachment 1""'\ ,~ James J. Mollica ~ Associates, Inc. Real Estate Appraisers and Consultants Aspen, Colorado Mason & Morse Building. 315 East Hyman Avenue, Aspen, Colorado 81611 . 303 925-8987 March 2, 1977 ,,/\ J \~'i,\1 ~ '0 & Mr. Mick Mahoney Aspen City Manager City of Aspen P.O. Box V Aspen, Colorado 816 Re:" An "Opinion of Value" for the A. E. and M. Partners Property, Lots E and F of Block 32 East Aspen, for Park Dedication Fees. Dear Mick: Pursuant to the request of Mr. Nick McGrath, I have personally examined the subject property, have gathered and analyzed applicable market data for the purpose of estimating the Fair Market Value of the subject site as if vacant, under the Subdivision Dedication Fee requirements. The subject site contains 6,000 square feet and is improved ,with a two- story frame building containing eight studio apartments. The property is zoned resi~entia1-mu1ti family and may be developed as follows: six studib units, five one-bedroom units, three two-bedroom units, two three-bedroom units. Although the subject is currently over-improved, it was developed prior to the current zoning. This analysis concerns only the land value if free and clear under existing zoning. My investigation of the most recent sales of residential-multi family properties, indicates a range of from $10-12 per square foot. This further reflects values on a per unit~asis in the area of $13,000 - 15,000 per one bedroom unit. The subject site contains two north facing, near the lower range of value. Therefore: 6,000 square feet equals, say $65,000. interior lots which would fall $10.80 per square foot x This analysis was offered in letter form at the request of the client. Ho~ever, contained in my files are numerous sales of comparable properties which may be made available to the client if necessary. I hereby certify that I have no present, or future contemplated interest in' the subject properties and that my fee is in no way contingent on the valuations set out in this letter. ,r-'--.. /II'R"":\ i l > ! 'i I \, , {James J, Mollica, R,M, 'W^' ".< , ;,X~~::;~:::j Appraiser~cqnsultant . ~ ,-' Mr. Mick Mahoney Page Two March 2, 1977 If I can be of further assistance in the interpretation or application of the findings in this letter, do not hesitate to call. Sincerely, Mollica, R.M. Appraiser Qualifications cc: Nick McGrath, Attorney at Law JJM:sy James J. Mollica << ASSotlales.ln~ Real Estate Appraisers and Consultants .." c#_""....... ,-.., ,-., {/rIS ~ {'-C'ccvO( r ~j / AFFIDAVIT OF PATRICIA BOYD PATRICIA BOYD, being first duly sworn, deposes ~nd says that on February.;f3, 1977, I hand delivered copies ofl the , attached letter to tenants in the Pioneer Apartments, 915 E. Hopkins, Aspen, by personally handing a copy to each, or by i slipping the letter under the door of each apartment. Thei tenants are as follows: John W. Little Ms. Joanne Ranallo Ms. Alice Stull Jerry R. Pearce Ms. Nancy Torgerud Ms. Beth Evans Ms. Denise Derksen cZ~4 ~ TRICIA BOYD 0/ STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) Subscribed and Ij!iJ.iaW/, 1977 by me this ti/\3""{ay 6f ! sworn to before Patricia Boyd. ~rr C/l L. JJR~ Notary Public ~ My commission expires: ~~~/ , I . ,,._... ,~. ~ Dear Tenant: The owners of the Pioneer apartments, AEM Partners, are seeking to condominiumize their ownership by subdivisi~n application with the City of Aspen. Following condominiumization, which requires City ! approval, it is anticipated that five units will be owned ' by those having the five partnership shares in AEM Partner~, leaving three possibly for sale. If any tenant wishes to purchase a unit, we will offer such at market value on a right of first refusal basis. Also, most of the owners will continue to rent their units on a long term basis as before, and existing tenants will be given a first right to continue leasing such units. All existing leases will be respected i as to termination time, and we anticipate that most of the leases would be renewed regardless of the condominiumizatiqn. If you have any questions, please don't hesitate to call me. Sincerely, AEM p"rtner~ i", ByGPa4~' ~ Patr~cia Boyd . "'...,. tf"""", ~ Dear Tenant: The are seeking application i AEM Partners, by subdivis~on owners of the Pioneer apartments, to condominiumize their ownership with the City of Aspen. ' . FOllowing condominiumization, which requires City approval, it is anticipated that five units will be owned, by those having the five partnership shares in AEM Partne~s, leaving three possibly for sale. If any tenant wishes to ' purchase a unit, we will offer such at market value on a right of first refusal basis. Also, most of the owners wi~l continue to rent their units on a long term basis as befor~, and existing tenants will be given a first right to contin1.le leasing such units. All existing leases will be respected! as to termination time, and we anticipate that most of the! leases would be renewed regardless of the condominiumizatibn. If' you have any questions, please don't hesitate ,to call m~. Sincerely, ~ ! I"""., I"""., MEMO TO: HAL CLARK PLANNING DEPT. DAVE ELLIS ~~ CITY ENGINEER ~ FROM: DATE: February 16, 1977 RE: PIONEER CONDOMINIUM - (AEM PARTNERS) Conceptual Review The engineering department recommends conceptual approval. ,"--"~- -.-" (" -- " MEMORANDUM TO: Dave Ellis FROM: Planning Staff (HC) RE: A.E.M. Subdivision - Conceptual DATE: February 8, 1977 This is a r,equest forConcepj;ual Subdivision by A.E.N. Partners represented by Nick McGrath for ,the, c<1ndominiumization of an existing eight-studio uni.t apartment building 10catedat91S East Flopkins Street. The project received Ordinance 19 approval by P &Zon June 4, 1974. A six-month lease restriction is in effect on the units. The property is zoned R-ME'. We will schedule P & Z review upon receipt of y<>urcolDlllents. enclosure: full application ~ i"""I LAW OFFICES OATES, AUSTIN, MCGRATH 8. ..JORDAN 600 EAST HOPKINS STREET LEONARD M. OATeS RONALO O. AUSTIN J. NICHOL.AS MCGRATH, JR. WILLIAM R. ,JORDAN m ASPEN, COLORADO 81611 February 4, 1977 ROBERT W. HUGHES ElARRY D. EOWARDS AREA CODE 303 TEL.EPHONE 925-26 0 Aspen/Pitkin Planning Office City Hall, 130 South Galena Aspen, Colorado 81611 City Council City of Aspen 130 South Galena Aspen, Colorado 81611 Planning Commission City of Aspen 130 South Galena Aspen, Colorado 81611 Re: Proposed Pioneer Condom~nium Ladies and Gentlemen: We represent AEM Partners, which by this application is seeking subdivision exemption for the condominiumization of an eight-unit apartment building on two city lots owned by the partners and located at 915 East Hopkins Street. The purpose of this letter is to summarize the relevant informa- tion by way of introduction to the formal requirements of a conceptual presentation or subdivision exemption application. AEM Partners is composed largely of local people with moderate incomes, with some out of state partners who are relatives or friends of the locals; the owners are as follows: Partnership (5 equal shares) Owners Residence 1. William W. Boyd Patricia Boyd George J. McGrath All of Aspen 2. Janet McGrath Jones Joan Gorence Knapp New York 3. William Boyd Gorence New York 4. Lena Louise Meleg Andrew Paul Meleg Snowmass, ColOrado 5. Kenneth McIntyre New York I""" ,,.-,, OATES, AUSTIN & MCGRATH Page Two Bill Boyd is a local electrician, Pat Boyd works at Colorado Country; George McGrath, Pat's brother, is a local carpenter and sometimes small contractor. Janet Jones is the sister of George and Pat. Joan Gorence Knapp and William Boyd Gorence are the sister and nephew of Bill Boyd. Lena Meleg , is a beautician at Amelia's; Andrew Meleg is a local carpenter and chef at the Golden Horn. Kenneth McIntyre is a friend of the local partners. As some of you may recall, these same individuals processed under Ordinance 19 and received approval for the initial eight studio-unit apartment building. (A copy of the Planning Commission Minutes indicating approval is attached as Exhibit A). The approval contained a six month rental restriction (a copy of which is attached as Exhibit B), and the condominiumization will not affect that restriction nor take the eight studio-units out of the long term resident category, as is indicated below. AEM Partners desires to condominiumize the apartment for several reasons. A principal reason is that condominiumi- zation increases the liquidity of the partnership investment and enables the partnership to deal with its own financial problems in a more efficient and less cumbersome way. Given nine individuals with five separate partnership shares, if an individual owning a full or perhaps even less than a full share dies, suffers financial hardship, or simply desires out of the partnership, it is cumbersome and difficult for the remaining partners to satisfy the financial obligation to such individual. Moreover, as a practical matter, unless existing; partners wish to buyout the partner who is desirous of selling for one reason or another, that partner's interest is unfairly tied up, since it would be difficult to sell or marke,t at any- where near the value in terms of property interests a 1/5 interest in AEM Partners. Also, condominiumization will enable the five partnership shares each to own a separate unit with a mortgage in the approximate vicinity of, say, $40,000.00. Presently each of the nine individuals are liable upon a mortgage of approxi~ mately $160,000.00, which adversely affects the financial picture and borrowing capabilities of each of those individuals. r'.. ,~ OATES, AUSTIN So MCGRATH Page Three We should of course acknowledge that condominiumiza- ' tion will increase the marketability of the building and hence its value, given the existing housing market in Aspen. That 'is, if the partnership wished to sell the apartment house it would have a value substantially less than would, in the abstract, eight condominiumized units comprising the same building. That mere paper increase in value again affects the borrowing capa- bilities of the individuals involved. However, the principal purpose is the first reaSon given, namely to increase the ' liquidity of the partnership assets and enable the partners to deal with the building and their own financial affairs in a much more flexible manner than currently is possible. The partnership understands that the condominiumiza- tion of an existing apartment house is legally a subdivision under state law and the City Code. It asks that the condomin- iumization here be granted subdivision exemption as not with~n the intents and purposes of the subdivision law, given (1) that the building already exists, and (2) the substantial Ordinance 19 review earlier made, or -- in the much less desirable alterna- tive -- that the condominiumization be granted conceptual subdivision approval on this application. The partnership al,so understands that the park dedication fee would likely be required as a condition of subdivision exemption and is prepa,red to accept that condition, of course depending upon the value ascribed to the property for the purposes of assessing the feie in accord with the procedures for such valuation in Ordinance: 63, Series of 1976. ' It is anticipated that since there are five partnership shares, five of the eight units would be deeded by the partne~- ship to the individuals comprising the five partnership shares as indicated above, leaving three additional units that would be available for sale. In all likelihood it will be necessary to sell at least one such unit to provide funds to pay the necessary park dedication fee, surveying fees, and the legal fees for the preparation, review and processing of this appli- cation and the condominium documents. Of the five units that: would be owned by former partners in AEM, which would then be' dissolved, some may be occupied by owners; for example, Georg~ McGrath lives in one now and will continue to do so. Pat and' ,~ ,~ OATES, AUSTIN So MCGRATH Page Four Bill Boyd may reside in a unit. Other of the owners will rent their units as before, with the same six month restric- tion as the Ordinance 19 approval was conditioned upon, as that is a covenant running with the land. While AEM would appreciate keeping the matter as simple as possible and hence' not having the following as specific written conditions by the City, the partners do pledge to you that existing tenants; in any unit to be sold will be given a right of first refusal to purchase their unit at market value, and the partnership is assisting in obtaining financing; and that other tenants in the building will be given the next right of first refusal to purchase any unit to be sold in the building. The more formal requirements of Section 20-10 of the City Code relating to conceptual presentations for subdivision review follow this introductory letter. I should add that the McGraths in the AEM partnership are not tainted by any familial relationship to the undersigned. Thank you for your consideration. Sincerely, OATES, AUSTIN, McGRATH & JORDAN By j. lJ~ U<.~l J. Nicholas McGrath, Jr. JNMjr/sec Encls. I""". .,-.. POST OFFICE BOX 27 ASPEN. COLORADO 81611 (303) 925-4444 . ASPEN TITLE COMPANY A TITLE INSURANCE AGENCY REPORT 1/77-02-07 We have examined the records of the Clerk and Recorder of Pitkin County, as to: Lots E and F Block 32 EAST ASPEN ADDITIONAL TOWNSITE and find title vested in: A. E. M. PARTNERS, a Colorado partnership; subject to: Reservations and exceptions as contained in United States Patent recorded in Book 185 at Page 69. Minerals reserved in deed recorded in Book 119 at Page 254. Deed of Trust from A. E. M. Corporation, a Colorado corporation to the Public Trustee of Pitkin County, Colorado, for the use of Valley Federal Savings and Association, recorded in Book 292 at Page 292. i Lqan Covenant Restricting Long Term Rental of Apartments recorded in Book 289 at Pag~ 978. Any and ,all unpaid taxes and assessments and any and all tax sales that have not been properly redeemed or cancelled. Although we believe the facts stated are true, this report is not to be construed as an abstract of title, nor an opinion of title, nor a guaranty of title, and it is understood and agreed that Aspen Title Company neither assumes nor will be charged with any financial obligation or liability whatever on account of any statement contained herein. Dated this 2nd day of February, 1977. ASPEN TITLE COMPANY By t) if /{ ...zl lJ!.~ 'c;v-~ /""., ~, Before the Planning Commission and City Council of the City of Aspen February 1977 Application of A.E.M. PARTNERS for Exemption from the Definition of a Subdivision or, in the alternative, for Conceptual Subdivision Approval for Condominiumization of an Existing Eight-Unit Apartment Building Located at 915 E. Hopkins Street OATES, AUSTIN, McGRATH & JORDAN J. Nicholas McGrath, Jr. 600 E. Hopkins, Suite 204 Aspen, Colorado 81611 (303) 925-2600 Attorneys for Applicant A.E.M. Partners ~. ;", ~ , -, "" i';'<. ,..~ 1'" y; ~, J.\ ~' ~ ("'t, V r \"\) \Q ~,/ ~I/V Recorded aH-;.aQ,joIClOCk p:K August 9, 197~~, Reception , i3l2 Julie Hane Recorder. I COVE~ RESTRICTING LONG TERM ~ENTAL OF APARTMENTS i I WHEREAS, thel undersigned are the owners of the following describled tract located in Pitkin County, Colorado, to Wit:~ Lots E and F of Block 32 of the ast Aspen Addition to the I i ty of Aspen, and WHEREAS, thel undersigned desire to construct thereon an eight-unit ap,rtment house to serve the housing needs , of the City O,f Aslpen and the permit therefore approved by the City Plan~ing and Zoning Commission has been premised I , on these assertilns as to use, and WHEREAS, in order to insure that the structure will be occupied by r1sidents of that area the owners have agreed to covenalt the land so that no unit may be leased for a period of ~ess than six successive months, NOW, THEREF9RE, the undersigned owners of said Lots E and F of Block 132 of the East Aspen Addition to the City of Aspen agree t at no apartment units constructed on said ?89 9'7' 8 '"'..., ',' r.'''''- :.:J;J:\ k1I ") ':'~;_;S" ". '. .)Y r \(\9' \j' tract shall be 1 for a period of less than six (6) successive month and that this restriction shall constitute a covenant runni g with the title to the above described tract. I I I j!t34</ I I I , I 7l'h~ I I I STATE OF COLORAD1 COUNTY OF PITKIN The foregOitg wa, acknowledged before me thi, , I I I I I Date /l~~7~ &.-c// William Boyd ~ Date ~-..1~ ~ ~~~ /:J~ ~,~ <Y patricia Boyd ss. 13 rt.. eXBires: I I I If I I # ' ifA7J~~"lt~ I ! STATE OF COI,ORADd I I COUNTY OF PITKIN I I The foregOi1g was acknowledged before me this /~~ iday of , 1974, by ANDREW MELEG and STATE OF COLORAD1 COUNTY OF PITKIN I ..,;~i!:' '." '"..," . ! "':"'"1.,,'" ,;:'i.,' "The, foregoJ.!jlg was ,'~'{i~~~fJ!~';~~,j:J:~::;~f~:~,g::<4~}'r> ,.",-r , I ",.~"j'~"." \"';"1"<1; ....day:, of .. . ,);;'~litr~;'~'~S,H::'A. ':;"'<~,:',::f>",',: ,; ';,': ,;,"-,', ,~'V .'"..., EI~i~s~'m ;,,~~jf:~;:~y~f;; . ~ ~ ..,. .. ''';'R ;.,~.... ... "-'e '. ~~.. .. "',~""', ,_:.,,>,:~/;f"~>~ i? /~ . ~'1.....'~ \"" -'. 1.'~~:'~~?t'C':.- , .. day of Date j(,,,Ltl I DateJ)I Date 1/;3/7t/ , I'"" -, -,~ "c,,?g9 "M9~79 :. ," '-"'.J" -' ",:'",\ hi . .'.'_," : .. , 1974, by WILLIAM BOYD and litness my hand and official seal. EyrJ. '" c.P~ Nory Public ' ya.-. .....4 II, /111? 1?7{ ss. Wit ess my hand and official seal. I I I ! I I I eX~ires: I 'f18 ; /)J~;Z:~ / McGrath ss. acknowledged before me this j.3.~ , 1974, by GEORGE JOHN MC GRATH. My Corrunission nd official seal. I ! , I I I I ex~ires: I ;:;~__L,e. r:\~." n R i.- Not Public Q-o (/ '.~II , C{ 18 . . r-,-I i I Date~/I? 1+ .,;. , STATE OF -E!8:Det.....4 ) Qv i) ss. COUNTY OF ~"'.4'.nl ) I I The egoi~g was day of . . " Witness -~ ,',' '^,,?89 '''"'980 . ; ~ ' .' '.~l,;', _....,....1\- ..,....'- . acknowledged before me this nd official seal. , 1974, by JANET MC GRATH was acknowledged before me this ~3A.L , 1974, by JOAN GORENCE KNAPP. My Commission , i I ! i I I. eree, Date STATE OF ) COUNTY OF ~N I l I The oi4g I day of ss. official s 1. Witness tnd official I I i I My commissionexfires: , , I I Witness m My Commission ex*ires: I Date ) ) ss. ) STATE COUNTY OF The day of a.~ .5-30 -7.5 It:'ANI\IJ:' A ,..n~Tc:'~J:' NOTARY PUBLIC, stATE OF NEW YORK C769780 Qualified In Olsego County Certiffeme filed in c.t.sego Gounty c- Commission Expires March 30, 197 ~ :td;ffi;///.yv 7:) 41..M'W~j William Boyd ~rence acknowledged before me this ;? .3A"L , 1974, by WILLIAM BOYD GORENCE. ,~ JEANNE A, CORTESE NOTARY fUfJUC. STATE OF NEW YORK C769780 \ Q}JlIr:t:~j;" 8l~t'g~ I,..OUnty t. Ceft,jfl~ate We,d to Ctsego County / .GmmlSSlon Expires March 30. 19i.:.i , - . . ,.. - _. ,0' "'.. . 1"""-",.....,1 I I Date JV(Y ~ ~ I (97cj f I STATE OF_~~~~)) ss. COUNTY OF F Ll;!l, II ) ..)vt'1,;tk' I The fOregOiJg was acknowledged before me this I , I ,.....,~, r 10"280 081 ..0V;\ "~":J F.tjGt" v' '2:2-- day of , 1974, by KENNETH MC~TYRE. Witness official seal. $AMUa A. R02ZI , NOTARY PUBLiC, State 01 NewTO'l'll iNo. 52.4'520072 ()",,!;'f:?~ ;n ~,u'rolk CotJ\'1ty :ommis$ic;" bc':r~~ 't.i..rch 30, 19.Z~ '~~~ . ~~ 111/. NO€'":y P bhc ~ My Commission ex,ires: !tiMet; )tf, /976 , ~ ReMlar Meetin!: Pioneer Condos AEM '- J}ublic hearing , Growth Management Ordinance 1"""\\ .-" \ PlannitllL'lnd 7~oni'!ll~(!,I~~j sEL<?.n _,_E<'l'_t_':.!!'E_':' _ ,(~, -.l.?.7 I district as prepared by the Planning Office. Isaac seconded the III( tion. All in favor; motion passed. Collins ,opened the meeting to public:,hparin/;. Hedstrom moved to continue the public,hearfng and table action unLil September 13, 1977. Isaac seconded the motion. All in favor; moti n passed. Sandy Stuller presented the Growth Management Ordinance as it had D'en revised. On page two in the middle paragraph all of the informatiol in parenthesis will be stricken. On page 9 subparagraph (h) will end with ...and the annual limitation established in Section 24-10(a). On I' ge 11 subparagraph (ee) the word massing will be replaced with "visual im act". Page 14 subparagraph (e) in the third to last line will read "unall cated allotments shall." In subparagraph (g) the sentence beginning ~lith provided, , will be stricken. On page 17 paragraph 2 line 2 should read a maxi urn of 10 points. Subparagraph (cc) should read a maximum of two points. On page 18 subparagraph (ee) the word massing will be replaced with vi ua1 impact. On page 20 paragraph 1 the third to last line should read unallocated allotments shall. In subparagraph (g) strike "provided however " . . . t~ successive years." Collins questioned th~ change on page 9. Stuller said that the PIa OffJ in determining the rtumber of used allotments had used only single f and duplex units which came out to be 17. Multi family units wer counted thus it was dropped from the statement. It now reads "Ther be available for distribution in the year 1977,allotments in number equal to the difference between the number of single and duplex dwelling u its constructed in 1977 and the annual limitation established in section 24-10.8." Julie Hanes questioned the effect on the Institute. Collins said th t it would not effect the Institute. The 1'&2 has discussed exempting the In,Stitute, but decided that a resolution, or recommend, ation to Cound would be better. The present resolution has no exemptions. Klar wondered if the Institute might not come under, provision B,as historic designati?n. The Jerome qualifies. Collins said when the Jerome came through o~e of the conditions was that they qualify for historic designation. Stan ord explained that the Jerome Hotel is in the historic district. The ba k portion is not designated historic. Isaac moved to adopt the resolution recommending adoption-ofcthe Asp n Growth Management Ordinance as corrected and amended on the fifth daft. Hedstrom seconded the motion. he change Klarwondered if the ordinance Was accepted and some members wanted ,Institute exempted what could they do. Stuller said it ,would take to the ordinance. The present code does not have an exemption proce ure. An exemption cannot be articulated which does not effect ,the symmetr of the ordinance. The CC can consider an amendment without having the ordinance come back to 1'&2. Baranko suggested academic zoning. Stu ler said that would not be useful to the Institute. The problem is lodg'ng. Hedstrom said that he was in favor of the ordinance and resolution as they stand. It is a good result. The Institute problem is real. 1'&2 would welcome an application from the Institute lor separate consideration 'rom the GMP ordinance on the merits, of the plan .submitted. Stuller said t it could be a whole new area of land use. How they fit in the GNP depends on how their goals are articulated. Isaac said that it is up the Institute to make clear why they arc different. Hedstrom saidth re must be a means to indicate receptiveness. Collins agreed ,with Hedstrom ad, Stuller. This should go forward as is. A separate resolution can bel considered. Ensign felt not adding somethinr, to the present resolud n cou.1d k('('p the Institute from staying in thIs communIty. Collins said CC w .11 take the final action. They are aware of our position., The lack of statement does not mean that we are opposed to the Institute. ,- .. HIIl"'~ r.. r. ",,(f.lCr1 H. Q.1l I, 1"'_ R~..!lar Meeting 1 I , , l j , r--. \ 1""'\, \ RECORD OF PROCEEDINGS 10 leaves Planning and Zoning Commission .~,!".E.!.~mb".!__ ,-,_J 977 Klar, supported the development oLea conferenee eenter. Should ot a elear friendly statement be artic'ulated. Stuller suggested dra ;ling a minority report to Council. Hedstrom said that P&Z was on re 'ord for approving the eonceptual plan of the Institute for 356 room,'. Stanford said the nature of the units was non tourist. The aU'mpt is for an education oriented conference center. Isaac said he ould be in favor of exemption when there is a more precise plan. Collins said it was time to vote on the motion. All were in fa or exeept Ensign. The motion passed. " Collins thanked Stuller for her time and help. // Isaae moved to adjourn. Ensign seconded the motion. All in fa or; meeting adjourned at 8:00 PM. // c{(fl ~L~/ Elisabeth Sherrill, Deputy City Clerk '. . . A " , , , .. I , '<.: J r<: / . --, REC080 OF PROCEEDINGS 100 Leaves Regular Heeting ~.!_!:~~:.J:.;~~_______--=-_____,__.___ . , = Clarendon Site, continued Aspen Hine and Commission Company Election Brinkman Building .--'-- _/ ,. , ;., Ordinance 19 Reviews - AEM Apartments, Preliminary and Final 'J , , . ~.... 1\spen Planning and Zoning J n" 4, 197,; Johnson stuted thut he fel t the six 'unit 1un ,~as more appropriate. A vote was taken. . Consensus of the Commi the exc"ption of Charles Collins, was to six lot plun., Johnson stated that he would like to obje building in the Hall of a permnnent type in the H1111 without the r.eview of the P & sion 1 '{,'li th o "i th the t to the tructure Z. Bill Dunaway stated that this had been ap,roved by the City Council and the Mall Commission. Barnard made amotion that' the Commission recommendation to the City Council and th mission that any and all further structur built in the Mall first come before the P and' zoning Commission for approval. Seco Jenkins. . make a , .Hall Corn- s to be anning ded by All in favor, motion carried. Schiffer stated that the election for Cha'rman and 'Vice Chairman should'take place on the se ond regula~ meeting in June. Assistant Planner John ~tanford stated th Brinkman "as going to take the green hous toe structure andio>~er it. It ",ould a s similar to the original plans submitted. that the H.P.C. had approved the plans. he sky- light would be at the present roof. line 0 ,the present st~ucture, which had, been theH.P.C.'s major objection.' " ' Deana. off Stanford stated that the Building Inspect r had the right to make major,revisions and makeadj stments without again going before the Commission. Schiffer stated, that the important vept this happening again. It was a stamp, even though bureaucratic, problem. to pre- that the Donna Baer, 1\ssistant Planner, presented T"o conditions of the conceptu~l approval weeks prior were (1) eight park:~g spaces, site, and (2) rentals be covenant~for long The first condition had been met, and a Ie the applicant had been received showing a 'ness to meet, the second condition. Further considerations were primarily engi ones. (1) Provide for roof drainage direc dry wells (2x2xl), (2) adequate on site dr lnage retention, (3) trash storage and removal; (4) side- walk, curb and gutter; (5) snOw removal. Ms. Baerstated that conditionaL.krproval ould be given provided rcvi !icd pltlns nrc rtlvicwcd 'y the Engineering Ocp[1rtmcnt to ensure complianc.. She also noted th.:lt ,evidence of. the COVCI1.J.ot \</ B nCC(~5- sary. -5- .,-.,...-.-.... ..,".. -.....-.-...- ...,...-...------.~.,- ..... . . 1""'<' ~' \ " " , \ \j -.. RCCO:1D OF PflOC[[IJINGS 100 Leaves rtegulu,r I'!ect.i"nq .:.~":~~;:::.Lf:;';:;~.~.,~:;!_;.! !.,~:,_.-... -=._ "'--=-==":'t'- -"':":":;"~,:"";",,,,,;,,_;:,_,,,,"-;::-,,:,,,-==:-~.:':.-c=:-,-=:::,,....=.....::...=..:.;,.::.-~===--=-=..,:==-=_ unc 4, 197.: ilr::H lip" rtmcn t.s, and ,'in"l ..,..,....-,.:,;"~,.==::-:::..=,c Aspen Pli1nnin.CJ" and Zoning '/ Preliminary Collins m~ldc a moti.on t ive rC'limi Ci.:r' and fin::tl .apFfroval to t.he AI:::-I A <:lr 1 t.~ under Ord' nunce .' e:o ow~ng condi tions: tha they )rovide (or roof druill.:lge di.rectly "into dry 'Vlclls.it :utthcy provide adequate on site dra.inage rctcnt"ol1; th.J.t they provide trash storage ilnd rcrnova'l; .hat they provide sidewalk, curb and gut.t.er; t.hat. hey' pr:o- vide snow removal facility or programs 5 'tisfg,ctory to the l'lanning Department; and that the e be a restrictive covenant recorded such. that -he proper't.:: will only be rented on six mont.h or long r leases. Landry seconded t.he motion. Alf in favor, ~~tion ~arkied. " Ms. Baer stated t.hat. the condit.ions of c ncept.ual approval "ere(l) that the lower~floor a d com- mercial use should be restrict.ed t.o pede t.rian, ~tourist. orient.ed uses and these should b designate:': ~hY-the' applicant, and (2) compliance wit. parking requirement.s t.hat may be ad,opt.ed. The f~rst.'con- dit.iorr need not be done till final appro al. All referral letters werepdsitive. - Vroom Building - . Preliminary ./ . -';'''--'' . Engineering Department considerations included delfvery access should be made from the alley side, an~ have a, screened trash storage area ac essible ~~ alley grade; if regrading of t.he alley w s antici- pated, approval would be necessary and co t.s for regrading or relocatiw{ utilit.ies would b the res- ponsibilit.y 'of the developer; site improv ments should provide for on'site retention capa ity in 'accordancewit.h the Urban Runoff Manageme t. Plan; .4e~eJoper ?~ould, covenant to join any fut re special ,oimproyement'dist.rict.s including street, c rb and gutt.er, sidewalk, ,and drainage. Ms. Baer st.ated t.hat -these were, basically routine, and applica t had ~gr.e.ed to these. . ' ,Park~ng was the only unresolved quest.ion. Ms. Baer ~stated sh'e had suggested that Mr. Vroom r quest a yariance to buyout under t.he present cod require- ments. ~e is located in the c-l zoned ar a. Plan- ning Office was recommending that in line with the 'Commission.' s proposal, applicant. would po sibly be J.n.,a buyout area. However, exact figure were not ~ ie.t determined for the new ?arking pol' cy. 'Wouln applicant be required to buyout under th old code or the new? Jenkins noted that ,other had been re- quired to abide by the new parking requir,ments. . Barnard st.at.edthat it was unfair" to ask :agree to unadoptcd figures. Ms.. -Baer further mentioned that the vation Committee would like to lobk at bri .~!len the building "ould reach that. stage. ~ohnson made a mot.ion that the Commission cquire ,that .Mr. Broom buyout rilther thClI'J to prov'de off '.B.t::rect parld.ng on t.he si t.e, and 't'li'.:1 t, in ac ortluncc . with thnt, the Cominission 11lilke iJ.l~CCOnuncnt1 cion to "the ,Boilrd of Adjust.mcnt. thilt he be granted il 'vuri",,,,,-, :so ,th",t he m",y buyout. L'llldry t;econdca t ,c motio::. Prcscr- samples : -6-, ~- ,....-_.~...-.._;... --