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MEMORANDUM
.
TO:
Board of County Commissioners
Regular Meeting - September 26, 2007
THRU:
Cindy Houben, Community Development Director
FROM:
Ezra Louthis, Planner
RE:
Residences at the Little Nell Development, LLC Reinstatement of Vested Rights
SUMMARY OF REQUEST: The Applicant requests a reinstatement of vested rights for this
property located in the AABC pursuant to Section 2-20-170( d). The vesting for the approval is
set to expire on September 22, 2007.
APPLICANT: Residences at the Little Nell Development, LLC
REPRESENTATIVE: Vann Associates, LLC
LOCATION: Lot 2, Alpine Grove Subdivision (AABC)
ZONINGILOT SIZE: The parcel is zoned B-2 and contains 1.051 acres.
BACKGROUND: The parcel is located in the AABC adjacent to the free market Alpine Grove
Condominiums. The parcel received SubdivisionIPUD approval pursuant BOCC Resolution No.
135-2004. The approval allows for the development of seventeen 3-bedroom category units that
are to be built in two phases. The parcel is currently undeveloped however Phase I of the project
has obtained a building permit to develop 9 of the unitS.
REQUEST: The Applicant has requested that the approval be granted a reinstatement of vested
rights for another 3 years.
REFERRAL COMMENTS: Housing comments are attached.
STAFF COMMENTS:
EXTENSION OR REINSTATEMENT OF VESTED RIGHTS (Section 2-20-170.d):
The BOCC shall consider, but not be limited to, the following criteria in reviewing a request for
an extension of vested property rights:
A. The applicant's compliance with any conditions requiring performance prior to the date
of application for extension or reinstatement of vested rights.
Response: The BOCC Resolution does not specify that any conditions be met by any date
certain.
B. The progress made in pursuing the project to date. including the effort to obtain any
other permits; such as building permits, and the expenditures made by the applicant in
pursuing the project.
Page 2
.'
Response: As noted before, Phase I of the project has received building permits, and
construction is expected to begin shortly (and may have already begun).
C. The nature and extent of any benefits already received by the County as a result of
project approval, such as impactfees or land dedications.
Response: As a result of receiving building permits for Phase I, the Applicant has paid
substantial impact fees for parks and schools, as well as road impact fees.
D. The needs of the County and the applicant that would be served by approval of the
extension or reinstatement request.
Response: The reinstatement request allows the Applicant to continue to pursue building permits
for Phase II (8 units) of the affordable housing. This serves the needs of the County, the City and
the Applicant.
RECOMMENDATION: Staff recommends that the Board make a motion to approve the
Residences at the Little Nell Development, LLC request for reinstatement of vested rights,
subject to the conditions of the draft resolution.
ATTACHMENTS:
A. Draft Resolution
B. Housing Comments
.
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, APPROVING THE RESIDENCES AT THE LITTLE NELL
DEVELOPMENT, LLC REINSTATEMENT OF VESTED RIGHTS
Resolution No. _-2007
RECITALS
1. Residences at the Little Nell Development, LLC ("Applicanf'), has applied to the Board
of County Commissioners of Pitkin County, Colorado ("BOCC") pursuant to Section 2-
20-170( d) of the Pitkin County Land Use Code ("Code''), for a reinstatement of vested rights
for BOCC Resolution No 135-2004.
2. The subject lot is located in the AABC and specifically described as Lot 3-f, Block 4,
AABC.
3. The property is zoned AH2IPUD, and contains 1.051 acres.
4. The BOCC granted Subdivision Exemption for Urban Affordable Housing Infill,
Rezoning to AH2, PUD approval, GMQS Exemption, Special Review & 1041 Hazard
Review in order to develop seventeen 3-bedroom employee housing units pursuant to
Ordinance No 040-2004 and Resolution No. 135-2004.
5. The Board heard the request at their regularly scheduled and duly noticed public hearing
on September 26, 2007, at which time evidence and testimony were presented with
respect to this application.
6. The BOCC finds that the request for a reinstatement of vested rights complies with
Standards of the Code, and that substantial public benefit in the form ofInfill Affordable
Housing has been provided.
NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County
Commissioners that they hereby approve the Residences at the Little Nell Development, LLC
request for a reinstatement of vested rights subject to the following conditions, which shall run with
the land and be binding on all successors in interest.
I. The Applicant shall adhere to all material representations made in the application and
public meetings.
2. The Applicant shall comply with BaCC Resolution No. 135-2004.
3. Housing, road and other applicable impact fees shall be calculated at time of
building permit.
4. Statutory vested rights for the approval contained herein are granted pursuant to the
Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth
in Pitkin County Land Use Code, ~ 2-20-170 and C.R.S., ~ 24-68-105. The statutory
vested rights granted herein shall expire on September 26, 20 I O.
.
,
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the
Asoen Times Weekly on the _ day of .2007.
APPROVED on the 26th day of September, 2007.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By
ATTEST:
Michael Owsley
Chair
Date
Jeanette Jones
Deputy Clerk
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
@V\uCQ,~ ~.J c.u
Cii'dy Houben,
Community Development Director
John Ely,
County Attorney
PID# 264334418002
PI 09-07
MEMORANDUM
TO:
Ezra Louthis, Community Development Department
FROM:
Cindy Christensen, Housing Office
RE:
August 15; 2007
ASPEN LAND FUND LLC EXTENSION OF VESTED RIGHTS
Parcel ill No. 2643-344-18-002; Pl09-07
DATE:
ISSUE: The applicant is requesting a three-year extension of vested rights for an employee
housing mitigation project located at the Airport Business Center known as Alpine Grove
Subdivision.
BACKGROUND:
.
According to BOCC Resolution No. 135-2004, the applicant received approval to construct 17
Category 2 and 3 three-bedrooms units. Eight of the units are mitigation for the development
known as the Residences at Little Nell and the remaining nine units were proposed for the
development known as the Lodge at Aspen Mountain.
The eight units associated with the Residences at Little Nell have been accepted by the City as
mitigation and,the construction of the Residences began in 2005. The applicant has received
building permits to begin the construction of the first eight units.
All of the 17 employee housing units mitigated for 51 FTE's and are an important addition to the
employee-housing inventory.
RECOMMENDATION: The Housing Office would recommend approval for this three-year
extension of vested rights.
.
VANN ASSOCIATES, LLC
Planning Consultants
July 17, 2007
HAND DELIVERED
Ms. Suzanne Wolff
Pitkin County Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: Lot 2, Alpine Grove SubdivisionlPUD Vested Rights Extension
Dear Suzanne:
Please consider this letter an application for a three year, vested property rights
extension for the Alpine Grove SubdivisionlPUD approval (see Exhibit 1, Pre-
Application Conference Summary, attached hereto).
The application is submitted pursuant to Sections 2-20-170 and 2-30-30 of the Pitkin
County Land Use Code (the "Code") by The Residences at Little Nell Development,
LLC, a Delaware limited liability company (hereinafter "Applicant"), the owner of
Lot 2 of the Alpine Grove SubdivisionlPUD (see Exhibit 2, Certificate of Ownership).
Permission for Vann Associates, LLC to represent the Applicant and an executed
application fee agreement are attached as Exhibits 3 and 4, respectfully.
Background
In September of 2004, the Board of County Commissioners ("BOCC") granted
subdivision exemption approval for the subdivision of the Alpine Grove Condomini-
ums property into two separate parcels (see Exhibit 5, Resolution No. 135-2004).
The BOCC also rezoned Lot 2 of the resulting subdivision from B-2, Business, to
AH2/PUD, Affordable Housing/Planned Unit Development, to permit the develop-
ment of seventeen deed restricted affordable housing units thereon (see Exhibit 6,
Ordinance No. 040-2004). A final plat and a subdivisionlPUD agreement for the
Alpine Grove SubdivisionlPUD were recorded in October of 2004. As Article IV of
the agreement indicates (see Exhibit 7), the various land use approvals granted
pursuant to Resolution No. 135 are vested until September 22, 2007. A copy of the
recorded plat accompanies this application.
230 East Hopkins Ave. . Aspen, Colorado 81611 . 970/925-6958 . Fax 970/920-9310
Ms. Suzanne Wolff
July 17, 2007
Page 2
As discussed in the original land use application, the seventeen 3-bedroom units were
to be used to meet the affordable housing mitigation requirements of various develop-
ment project within the City of Aspen. Eight of the units have been accepted by the
City as mitigation in connection with the Applicant's Residences at Little Nell
fractional ownership project which is presently under construction at the base of Little
Nell. The remaining nine units are presently intended for use as mitigation for the
Lodge at Aspen Mountain project which has been proposed for development by the
Aspen Land Fund II, LLC near the base of Lift lA. An application for final PUD
approval for this project is presently being considered by the City Council. To
accommodate each project's development timetable, Article III, paragraph l.(c)
specifically permits the seventeen units to be constructed in two phases.
Building permits for the Residence at Little Nell mitigation units (i.e., the "Phase In
units) have been issued by the Building Department and construction is scheduled to
commence in late July or early August. Construction of the Phase II units is not
expected to commence until early 2010. While the commencement of construction
this summer is sufficient to vest the Phase I portion of the project pursuant to the
State's common law doctrine, the County Attorney has indicated that a vested rights
extension will be required to vest Phase II until construction commences in 2010.
Review Requirements
Pursuant to Sections 2-20-170(d) and 2-30-30 of the Code, the BOCC may approve an
extension of vested property rights for a period of up to three years subject to compli-
ance with the following review criteria.
1) "The applicant's compliance with any conditions requiring performance
prior to the date of application for extension of vested rights".
Virtually all of the conditions which govern the development of the property
must be met either prior to the issuance of a building permit, during construction, or
subsequent thereto. With the exception of conditions number 2 and 17 of Resolution
No. 135-2004, which require the recordation of a final plat and subdivisionlPUD
agreement for the project, there are no conditions which require performance prior to
approval of this application for a vested rights extension. As noted previously, both
the plat and agreement have been recorded.
2) "The progress made in pursuing the project to date, including the effort to
obtain any other permits, such as building permits, and the expenditures
made by the applicant in pursuing the project."
Ms. Suzanne Wolff
July 17, 2007
Page 3
Building permits for Phase I of the project have been issued by the Building
Department and $844,617.00 has been paid to various entities to date in connection
with the issuance thereof. This amount includes an approximately $537,000.00 park
dedication fee and approximately $227,600.00 in water and sewer tap fees. In
addition, the Applicant has incurred expenses in excess of $300,000.00 for Phase I
architectural and engineering fees and a Letter of Intent has been signed with Fenton
Construction to build Phase I. All conditions of Resolution No. 135-2004 which must
be addressed in connection with the issuance of the required building permits have
been met.
3) "The nature and extent of any benefits already received by the County as a
result of project approval, such as impact fees or land dedications."
As discussed above, the County has received substantial sums of money in
connection with the Applicant's receipt of the Phase I building permits.
4) "The needs of the County and the applicant that would be served by
approval of the extension request."
The Applicant's needs would be served as it would be possible to complete
Phase II of the project as originally designed without the necessity of further review
and approval. As discussed below, no significant regulatory changes have occurred
which necessitate further County review. As a result, no beneficial purposes would
appear to be served by allowing the project's vested rights to expire prior to comple-
tion of Phase II.
Unless otherwise waived by the BOCC, Section 2-20-170(d) also requires that the
approved development conform to the terms and provisions of the Code in effect at
the time of the vested rights extension. The property in question received an afford-
able housing growth management exemption and subdivision, planned unit develop-
ment, 1041 hazard review and special review approval. The property was also
rezoned. To the best of the Applicant's knowledge, no changes to the County's PUD,
1041 hazard or special review regulations have occurred which would warrant changes
in the design of the project or to its original approval conditions.
Ms. Suzanne Wolff
July 17,2007
Page 4
Should you have any questions, or if I can be of any further assistance, please do not
hesitate to call.
Yours truly,
, I
:cwv
Attachments
cc: John Sarpa
Arthur C. Daily, Esq.
c:\oldc\bus\county .app\app51307 .ext
EXHIBIT
I /
PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Suzanne Wolff
PHONE: (970) 920-5093
DATE: 6/14/07
E-MAIL: suzannew<Cl!co.pitkin.co.us
LOCATION: Alpine Grove Subdivision/PUD, Lot 2
PARCEL 10 #: 264334418002
ZONE: AH-PUD
OWNER/APPLICANT: Aspen Land Fund LLC
REPRESENTATIVE: Sunny Vann
EMAIL: vannassociates@corncast.net
Type of Application: Extension of Vested Rights
Description of Project/Development: The BOCC approved a subdivision exemption for urban affordable
housing infill to develop 17 3-bedroom employee housing units on Lot 2, pursuant to Resolution No. 135-2004.
The vested rights expire on September 22, 2007. Building permits have been issued for the first phase of the
development. The Applicant is requesting a 3 year extension of the vested rights for the remainder of the
project.
Land Use Code Sections to address in letter of request/application:
" 2-20-170( d), Extension of Vested Rights
Review by: BOCC
Public Hearing? NO.
Staff will refer to: Housing
FEES: $1090 (make check payable to "Pitkin County Treasurer")
" $924 Planning flat fee (non-refundable; based on 4 hours of staff time; if staff review time exceeds 4.8
hours, the Applicant will be charged for additional time in excess of 4 hours at a rate of $2311hour)
" $166 Housing referral
To apply, submit 8 copies of the following information, unless noted otherwise:
1. Letter of request, addressing (in detail) each of the provisions of the Pitkin County Land Use Code identified
above and sufficient to demonstrate that all substantive review criteria have been met;
2. Copies of prior approvals;
3. Consent from the owner of the property for the representative to process the application and represent the
owner (1 copy);
4. Disclosure and proof of ownership of the property, consisting of a current certificate from a title insurance
company or attomey licensed to practice law in the State of Colorado, listing the names of all owners of the
property and all mortgagees, judgments, liens, easements, contracts and agreements affecting use and
development of the parcel and proof of the owner's right to use the land for the purposes identified in the
development application.
5. Street address (if any) and parcel description, including legal description, and 8-1/2"x 11" vicinity map locating
the subject property within Pitkin County;
6. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees (1
copy) (form attached);
7. This Pre-Application Conference Summary Sheet.
NOTES:
~ PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLlCA TlON.
PLEASE SUBMIT 7WO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF
POSSIBLE).
~ ALL MAPS SHALL BE FOLDED.
~ This pre-application conference summary is advisory in nature and not binding on the County. The
information provided in this summary is based on current zoning standards and staffs interpretations
based upon representations of the applicant. Additional information may be required upon a complete
review of the application.
EXHIBIT
I z
CERTIFICATE OF OWNERSHIP
Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that
TIlE RESIDENCES AT LITTLE NELL DEVELOPMENT, LLC, A DELA WARE LIMITED LIABILITY
COMPANY is the owner in fee simple of the following described property:
UNIT A AND B AND THE COMMON ELEMENTS, PACIFIC AVENUE CONDOMINIUMS, according to the
Condominium Map thereof recorded August 9, 2006 in Plat Book 80 at Page 79 as Reception No. 527281,
and as defined and described in the Condominium Declaration recorded August 9, 2006 as Reception No.
527282.
FORMERLY DESCRIBED AS: LOT 2, ALPINE GROVE SUBDIVISION/PUD, according to the Final Plat
thereof recorded October 29,2004 in Plat Book 71 at Page 10, as Reception No. 503646.
ADDRESS ACCORDING TO THE PITKIN COUNTY ASSESSORS OFFICE: 412 AABC ASPEN, CO. 81611
ENCUMBRANCES:
Deed ofTrust from : THE RESIDENCES AT LITTLE NELL DEVELOPMENT, LLC, A DELAWARE LIMITED LIABILITY
COMPANY
To the Public Trustee of the County of PITKIN
For the use of : DEUTSCHE BANK TRUST COMPANY AMERICAS
Original Amount : $140,000,000.00
Dated : January 20. 2006
Recorded : February 3. 2006
Reception No. : 520547
This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only.
PITKIN COUNTY TITLE, INC.
BY:
authorized signature
CERTIFIED TO: JUNE 8, 2007 at 8:00 A.M.
EXHIBIT
I ~
July 16, 2007
HAND DELIVERED
Ms. Suzanne Wolff, Senior Planner
Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Permission to Represent
Dear Ms. Wolff:
Please consider this letter authorization for Sunny Vann of Vann Associates, LLC,
Planning Consultants, to represent The Residences at Little Nell Development, LLC in
the processing of our application for a vested property rights extension for Lot 2, Alpine
Grove SubdivisionlPUD. Mr. Vann is hereby authorized to act on our behalf with
respect to all matters reasonably pertaining to the aforementioned application.
Should you have any questions, or if we can be of any further assistance, please do not
hesitate to call.
Yours truly,
THE RESIDENCES AT LITTLE NELL DEVELOPMENT, LLC, a
Delaware limited liability company
C: \oldc\bus\county .l1r\ltr51307 .5wl
EXHIBIT
I ~
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter COUNTY) and ~/?6<.,.t-~ ~ &//7Z.6 HC~L
(hereinafter APPLICANT) AGREE AS FOLLOWS: ~6:::~/"""~~ t::.G<::"
/
~;-.~t~~>T has submitted to COUNTY an application for v&sr6'? /r/~~
~ "";;v. (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 022-2006 establishes a
fee structure for land use applications and the payment of all processing fees is a condition precedent to a
determination of application completeness. The fee structure is based on the County's policy that
developrnent shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be
consistent and fair to the public and to reflect the expense incurred in providing such services to the public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it may not be possible at the time of application to ascertain the full extent of the costs involved in
processing the application.
4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications
shall accumulate if an application includes more than one type of land use review.
5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete
processing or present sufficient information to the Planning Commission and/or Board of County
Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally
required findings for project approval, unless current billings are paid in full prior to decision.
6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to
collect full ~l!!iQ,r:.~ a determination of ~plication completeness, APPLICANT shall pay a base fee in the
amount of ~ which is based on ~hours of staff time, and if actual tirne spent by staff to process the
application exceeds the average number of hours by more than 20%, then the COUNTY will bill the
APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of
the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for
suspension of processing.
PITKIN COUNTY
APPLICANT
Cindy Houben
Community Development Director
Date:
Mailing Address: ~
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Effective 7/26/06
G:county\admin\forrns\agreement to pay
EXHIBIT
I~
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO. APPROVING THE ALPINE GROVE CONDOS SUBDIVISION EXEMPTION
FOR URBAN AFFORDABLE HOUSING, GMQS EXEMPTION, PUD APPROVAL, SPECIAL
REVIEW AND 1041 HAZARD REVIEW
Resolution No.f3.5-2004
Recitals
I. Aspen Land Fund LLC, hereafter" Applicant", has applied to the Pitkin County Board of County
Commissioners, "BOCC", for approval nfthe Alpine Grove Condos Subdivision Exemption for
Urban Affordable Housing 1nfill, Rezoning to AH2, PUD approval, GMQS Exemption, Special
Review & 1041 Hazard Review in order to develop seventeen 3-bedroom employee housing
units.
2. The subject Jot is located in the AABC and specifically described as Lot 3-f, Block 4, AABC.
3. The Planning and Zoning Commission heard this application at their regularly scheduled public
meeting on July 6, 2004, at which time they recommended approval by a vote of 5-0.
4. The Board heard the request at their regularly scheduled and duly noticed public hearing on
September 8, 2004, at which time evidence and testimony were presented with respect to this
application.
5. The Board finds that this application is consistent with the Aspen Area Community Plan and the
Pitkin County Land Use Code.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County
Commissioners that it hereby approves the Alpine Grove Condos Subdivision Exemption for Urban
Affordable Housing Infill, PUD, GMQS Exemption, Special Review & 1041 Hazard Review, subject to
the following conditions:
J. The Applicant shall adhere to all material representations made in the application and public
meetings.
2. Prior to submittal of any building pennit applications~the Applicant shall record a Final Plat in
accordance with Section 5-40-020 of the Land Use Code.
3. The Applicant shall by covenant restrict the subdivision against further development or
subdivision. Said restriction shall be noted in the subdivision covenants and on the Final Plat.
Said deed restriction shall be in place prior to the submittal of any building penn it applications.
The covenant shall not preclude the Affordable Housing from condominiumazation.
4. The Applicant shall deed restrict the units to Category 2 and 3 per the APCHA Housing
Guidelines in effect at time of building pennit.
5. Lighting shall comply with the Pitkin County lighting standards at the time of installation.
6. Utility lines shall be buried.
11111111111111111111111111111 ~IIIIIIIIIIIIIIIIIIIIIIII ~~;~~~~! ~0: 330
SlLVIR ORVIS PITKIN COUNTY co R 0.00 0 8.00
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Resolution No.l.3S -2004
Page 2
7. The Applicant shall comply with the codes and requirements of the Aspen Fire Protection
District. A residential sprinkler system shall be installed within all structures.
8. The timing of any sprinkler systems shall be decreased for low water plants. The Applicant shall
submit a Final Landscape and Revegetation Plan to the Community Development Department for
review and approval priOr to the recording of Final Plat.
9. The Applicant shall submit Ii Weed Management Plan for approval by the Pitkin County Land
Management Department, prior to the submittal of any building permit applications.
10. All areas disturbed by construction shall be revegetated within one growing season of project
completion.
J I. Prior to the issuance of a building permit the Applicant shall submit a Drainage.and Erosion
Control Plan to the County Engineer for review and approval.
12. The Applicant shall obtain an access permit from the County Engineer, prior to the submission of
any building permit applications.
13. Prior to submittal for any building permit applications, the Applicant shall submit a Fugitive
Dust Plan to the Environmental Health Department for review and approval. The plan shall
include measures to ensure that dust does not become a nuisance and travel onto adjacent
properties.
14. Prior to the issuance of a building permit the Applicant shall submit a PM I 0 mitigation program
or make a cash in lieu payment to the Environmental Health Department, for review and
approval.
15. The Applicant shall comply with the following condition in order to mitigate wildlife impacts:
. Bear-proof trash containers shall be installed.
J 6. The setbacks for the property shall be the following:
. Front Yard Setback: 30'
. Side Yard Setback: J 0'
. Rear Yard Setback: 10'
17. Prior to recordation offinal plat the Applicant shall submit a proposed subdivision/PUD
agreement to Community Development for review, approval and recordation.
t 8. Prior to issuance of a building permit, the Applicant shall pay applicable road impact fees, park
dedication fees and school dedication fees.
J 9. Pursuant to Ordinance No. 022-2000, the Applicant is subject to the Fair Share Requirements and
shall pay a road impact fee prior to the issuance of a building permit.
20. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin
County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin
111111\ lllltllllU 11\1I11111~ IU~'I i 1111111111111 ~:~~~;~:~ ~0 .330
SILVIA DAVIS PlTK1N COUNTY co R 0.00 0 0.00
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Resolution NoJ3S -2004
Page 3
County Land Use Code, ~ 4-140 and C.R.S., ~ 24-68-105. The statutory vested rights granted
herein shall expire on September 22,2007.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 8th day of August:
2004.
Adopted at the regular meeting and public hearing on the 8th day of September, 2004.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE
ASPEN TIMES WEEKLY ON ID<30 - d.nn '-I .. .
I.
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AlTEST:
/} l /7
'.// d!& K.
J eJones ~
Deputy Clerk
BOARD OF COUNlY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
.1 ??t. ~,k~L" I,:J-Z..,
OQ..",fl"'''g Fim-;M l c.t-V\E L. ~ tt(..C~
Chair ,lrC'l"lN6 +e>e.. -
Date: /0 -"'9-0i
APPROVED AS TO FORM:
. APPROVED AS TO CONTENT:
i3:1~L-e\QJl bOI-
i dy Houben,
Community Development Director
Case #045-04
PID #264334417034/035
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EXHIBIT
I ~
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, GRANTING A REZONING FROM BUSINESS (B-2) TO AFFORDABLE
HOUSINGIPLANNED UNIT DEVELOPMENT (AIDIPUD) FOR A PORTION OF THE ALPINE
GROVE CONDOMlNIUMS PROPERTY
Ordinance No. C!I(}-2004
Recitals
1.
Aspen Land Fund LLC, hereafter "Applicant", has applied to the Pitkin County Board of County
Commissioners, "BOCC", for approval to rezone a portion of the Alpine Grove Condominium
Property from Business (B-2) to Affordable Housing (All2/PUD).
2.
The portion of the snbject property to be rezoned is specifically described as Tracts land 2,
Alpine Grove Condominiums, a Condominium Commoo1nterest Community.
3.
The Planning and Zoning Commission heard this rezoning application at their regularly
scheduled public meeting on July 6, 2004, at which time they recommended approval of the
requested zoning change.
4.
The Board heard the rezoning request on I. Reading at their regularly scheduled and duly
noticed public hearing on September 8, 2004, at which time evidence and testimony were
presented with respect to this application. 2nd Reading was held on September 22, 2004.
The Rezoning Ordinance shall not be effective until recordation of the Final Plat.
The Board finds that this rezoning application is consistent with the 2000 Aspen Area
Community Plan and the Pitkin County Land Use Code.
NOW THEREFORE BE IT ORDAINED by the Pitkin County Board of County
Commissioners that it hereby rezones a portion of the Alpine Grove Condominium Property from
Business (B-2) to Affordable Housing (AH2/PUD) (map attached).
NOtiCE OF PUBLJC HEARING PUBLISHED IN THE ASPEN TIMES on the 28th day of
August, 2004.
INTRODUCED AND FlRST READ at the regular meeting and public hearing on the 8th day
of September, 2004.
APPROVED AND ADOPTED AFTER SECOND READING on the 22nd day of September,
2004.
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PUBLJSHED AFTER ADOPTION IN THE ASPEN TIMES on the JL day of Cf;~tf-<...J
2004.
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SILVIA MVIS PITKIN COUNTY CO
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ORDINANCE OF THE BOARD OF COUNTY COMMISSIO!\'ERS OF PITKIN COUNTY,
COLORADO, GRANTING A REWNING FROM BUSTh'ESS (B-2) TO AFFORDABLE .
HOUSINGIPLANNED UNIT DEVELOPMENT (AH2IPUD) FOR A PORTION OF THE ALPINE
GROVE CONDOMINIUMS PROPERTY
Ordinance No. 010-2004
. Recitals
1. . spen Land Fund LLC, hereafter "Applicant", has applied to the Pitkin County Board of County
CO issioners, "BOCC", for approval to rezone a portio,! of the Alpine Grove Condominium
Prope .om Business (B-2) to Affordable Housing (AH2IPUD).
4. The Alpine Gro Condominium Property is located in the AABC, and is specifically described
as Lot 3-F, Block 4, C. .
5. The Planning and Zoning Co ',sion heard this rezoning application at their regularly
scheduJedpublic meeting on JuJ 2004, at which time they recommended approval of the
requested zoning change.
6. The Board heard the rezoning request on I" ding at their regularly scheduled and duly
noticed public hearing on September 8, 2004, at . ch time evidence and testimony were
. presented with respect to this application. 2"" Readin
7. The Rezoning Ordinance shall not be effective until recOrdatio
8. The Board finds that this rezoning application is consistent with the 20
Community Plan and the Pitkin County Land Use Code.
('
NOW THEREFORE BEIT ORDAINED by the Pitkin County Board of County
Commissioners that it hereby rezones a portion of the Alpine Grove Condominium Property fro
Business (B-2) to Affordable Housing (AH2IPUD) (map attached).
NOTICE OF PUBLIC HEARING PUBLISHED IN_THE ASPEN TIMES on the 28th day of
August, 2004.
INTRODUCED AND FIRST READ at the regular meeting and public hearing on the 8th day
of September,2004.
APPROVED AND ADOPTED AFTER SECOND READING on the 22nd day of September,
2004.
j.<{ /1 .de L
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the :}3 day of ~t&.6 Ji../
2004.
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SILVIA ORVIS PITKlfJ COl.#I/TY CO R 0.0e 0 0.00
~~n;nce No.~2004 IIIIIIIII~ 11111111111I11111~11II111111111~111I11111 ~~~~~;I ~2: :3'
SILVIR DAVIS PITKIN COUNT" CO R 0.00 0 0.00
BOARD OF COUNTY COMMISSIONERS
7 COUNTY, COLORADO
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Dorothea Fanis
Chair
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APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
John Ely,
. Conn ey
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indy Houben,
cOmmunity Development Director
Case #045-04
Pill #264:;34417034 & 035
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EXHIBIT
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SUBDIVISION/PUD AGREEMENT
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FOR
ALPINE GROVESUBDIVISION/PUD
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THIS SUBDIVISION/PUD AGREEMENT is made and entered into this " -
day of October, 2004, by and between ABC 32, LLC, a Colorado limited liability
company (hereinafter referred to as "Declarant"), and THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO, as the governing body of
Pitkin County, Colorado (hereinafter referred to as "County"),
WITNESSETH:
WHEREAS, Declarant is the "Declarant" under that certain Condominium
Declaration for the Alpine Grove Condominiums recorded February 26,2001 as
Reception No. 451818, as amended (the "Condominium Declaration"), and under that
certain Condominium Plat of Alpine Grove Condominiums recorded February 16,2001
in Plat Book 56 at Page 63 et. seq., as amended (the "Condominium Plat"), and is the
beneficiary and bolder of tbe Reserved Rights, Special Declarant Rights, and Expansion
and Development Rights reserved to the Declarant under Articles 26 and 27 of said
Condominium Declaration (collectively the "Reserved Development Rights"); and
WHEREAS, said Condominium Declaration and Condominium Plat affect the
following described real property situated in the County of Pitkin, State of Colorado, to
wit: Lot 3F, Block 4, Amended and Restated Plat of Aspen Airport Business Center
Filing No.1, recorded in Plat Book 7 at Page 79, also known as tbe Alpine Grove
Condominiums (the "Property"); and
WHEREAS, pursuant to and in the exercise of such Reserved Development
Rights, and in accordance with the Colorado Common Interest Ownership Act, Section
38-33.3-101 et. seq. of the Colorado Revised Statutes, by separate instruments being
recorded contemporaneously herewith Declarant is amending said Condominium
Declaration and Condominium Plat so as to withdraw from the Alpine Grove
Condominiums regime the portion of the Property depicted and described on said
Condominium Plat as "Tracts 1 and 2, Reserved for Future Development"; and
WHEREAS, further in accordance with such Reserved Development Rights and
the Colorado Common Interest Ownership Act, and pursuant to BOCC Resolution No.
135-2004 adopted on September 8, 2004 and recorded as Reception NoSe 3 4Z:J ,
Declarant has submitted to County for approval, execution and recording a Final Plat of
the Alpine Grove Subdivision/PUD (hereinafter the "Final Plat"), which subdivides the
Property into two (2) lots depicted and described thereon as "Lot 1" and "Lot 2". Lot 1
contains the existing 32-unit Alpine Grove Condominiums complex. Lot 2 comprises
the portion of the Property heretofore known as Tracts 1 and 2, and will be developed
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under the provisions of Resolution No. 135-2004 and this SubdivisionlPUD Agreement;
and
WHEREAS, County has fully considered the Final Plat, the proposed
development and improvement of the lands therein, and the effects of the proposed
development and improvement of said lands on adjoining or neighboring properties and
property owners; and
WHEREAS, County has imposed certain conditions and requirements in
connection with its approval, execution and recordation of the Final Plat, such matters
being necessary to protect, promote and enhance the public welfare; and
WHEREAS, Declarant is willing to acknowledge, accept, abide by and faithfully
perform the conditions and requirements imposed 'by County in approving the Final
Plat; and
WHEREAS, pursuant to Section3-180-01 0 of the Pitkin County Land Use Code,
County is entitled to certain financial guarantees to ensure that required public and
common private improvements are installed, and Declarant is prepared to provide such
guarantees as hereinafter set forth; and
WHEREAS, contemporaneously with the execution and recording of this
SubdivisionlPUD Agreement, County and Declarant have executed and recorded the
Final Plat in Plat Book 71 at Page I {} in the Office of the Clerk and Recorder of
Pitkin County, Colorado.
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements herein contained, the approval, execution and acceptance of the Final Plat
for recordation by the County, and for other good: and valuable considerations, the
,receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
ARTICLE I
REGULATORY ApPROVALS
1. Pursuant to Resolution No. 135-2004 adopted on September 8, 2004 and
recorded as Reception No. S-CJ:J~ 2.3 in the Office of the Clerk and Recorder of Pitkin
County, Colorado, the Pitkin County Board of County Commissioners granted
subdivision exemption approval for the division of the Property into two (2) lots. The
two lots are designated on the Final Plat as Lots I and 2, Alpine Grove
SubdivisionlPUD. Lot 1 contains the existing 32-unit Alpine Grove Condominiums. Lot
2 is approved for seventeen (17) affordabJe housing units (hereinafter, the "Units"), to
be known as Pacific Avenue Condominiums. Resolution No. 135 also granted Planned
Unit Development, 1041 Hazard Review, Special Review, and Growth Management
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Quota System Exemption approval for the affordable housing Units to be constructed on
Lot 2.
2. Pursuant to Ordinance No. 040 (Series of 2004) adopted on September 22,
2004 and recorded as Reception No. 502967 and rerecorded on October 19,2004 as'
Reception No.5032l7, Lot 2 was rezoned from B-2, Business, to AH2/PUD, Affordab]e
Housing/P]anned Unit Development.
3. In the event of any conflict or inconsistency between the provisions of
Reso]ution No. 135-2004 or Ordinance No. 040 (Series of 2004) and the provisions of
this Subdivision/PUD Agreement, the provisions of this Subdivision/PUD Agreement
shall govern and control.
ARTICLE II
DEVELOPMENT REQUIREMENTS AND RESTRICTIONS ON LOT I
1. The development of Lot I shall be limited to the thirty-two (32) existing
free-market condominium units located thereon. In the event Lot I and/or the
condominium structures located thereon are ever determined to be nonconforming as a
consequence of the subdivision exemption approval set forth in Reso]ution No. 135-
2004, then Lot I and/or the condominium structures shall be considered to be a legally
created nonconforming lot and/or ]egally created nonconforming structures and will be
subject to the County's regulations governing such legal nonconformities.
2.
Lot I shall not be further subdivided or developed.
ARTICLE III
DEVELOPMENT REQUIREMENTS AND RESTRICTIONS ON LOT 2
1.
Development Limitations.
II:
(a) The development of Lot 2 shall be limited to seventeen (17) deed
restricted affordable housing Units. Sixteen (16) of the Units are to be located in
four (4) separate two-story structures, each containing two (2) Units per floor.
The remaining Unit is to be located in a separate one-story structure. Each of the
Units must contain three (3) bedrooms, two (2) full bathrooms, a kitchen with
full-size appliances, a laundry closet, an outdoor deck or on-grade patio, an
external storage closet, and a minimum of 1,200 square feet of net livable area.
All of the Units must be constructed in substantia] conformance with the Site
Deve]opment Plan attached hereto as Exhibit A and made a part hereof by this
reference, and with the architectural plans and elevations attached hereto as
Exhibit B and made a part hereofby this reference.
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(b) All of the Units will be condominiumized and sold to qualified
employees in Pitkin County pursuant to the Aspen/Pitkin County Housing
Authority ("APCHA") guidelines in effect at the time of building permit
issuance.
(c) The Units may be constructed in two (2) phases, in Declarant's sole
discretion. It is presently envisioned that Phase One will consist of nine (9)
Units, three (3) of which will be. deed restricted to APCHA's Category 2
guidelines, and the remaining six (6) of which will be deed restricted to Category
3 guidelines. The deed restrictions wiII be executed and recorded upon
substantial completion of construction and concurrent with the recordation of the
condominium map for Phase One.
(d) It is presently anticipated that the eight (8) Units to be constructed
in Phase Two will be deed restricted to Category 3 guidelines. However, some or
all of the Phase Two Units may be deed restricted to Category 2 guidelines
following further discussions with AP'CHA.
(e) It is expressly understood and agreed that some or all of the Units
may be used to satisfy affordable housing mitigation requirements originating in
the City of Aspen, in the unincorporated area within the Aspen Community
Growth Boundary (aIk/a the Urban Growth Boundary), and/or in the remainder of
unincorporated Pitkin County, subject to receipt of such City and/or County
approvals as may be required.
(i) Except as provided' above, Lot 2 shall not be further subdivided or
developed.
2. Landscal>iue/PlaVl!"Tound.
(a) Before applying for a building permit for a Phase (or for the entire
project, if Declarant does not elect phasing), Declarant shall submit a detailed
Landscaping and Revegetation Plan to the Community Development Department
for review and approval. The Plan shall substantially conform to the conceptual
landscaping depicted on the Site Development Plan attached hereto as Exhibit A.
All areas disturbed by construction shall be revegated no later than six (6)
months following the issuance of a Certificate of Occupancy for the Phase in
question (or the entire project, as applicable).
(b) Prior to the issuance of a Certificate of Occupancy for the Phase
One Units (or all of the Units, if Declarant does not elect phasing), Declarant
shall install a small tot lot with playground equipment as depicted on the
attached Site Development Plan, for the use and benefit of the residents of the
Units. The tot lot, and the other open space areas associated with the project, will
be owned and maintained by the condominium association that is formed to
manage the Units constructed on Lot 2.
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3. Access. Access to the Phase One Units shall be over and along an access
driveway from 400 Street (alk/a Pacific Avenue), as depicted on the attached Site
Development Plan. Access to the Phase Two Units shall be over and along an access
driveway from 300 Street (alkJa Mediterranean Avenue), as depicted on the attached
Site Development Plan. Before applying fora building permit for a Phase, Declarant
shall obtain an access permit from the County Engineer for the driveway associated'
with that Phase.
4. Parkin!!. Declarant shall provide two (2) on-site parking spaces for each
affordable housing Unit constructed in the project. The parking layout shall
substantially conform to the attached Site Development Plan.
5. Utilities.
(a) Water seryice for the project shall be provided via the existing City
of Aspen 6-inch water lines located in 400 Street and 300 Street. Before
obtaining a Certificate of Occupancy for the Phase One Units (or all of the Units,
if Declarant does not elect phasing), Declarant shall install a new 8-inch water
main within the project site which connects the two existing6-inch lines located
in the adjacent streets, and shall also install a new fire hydrant off of the new 8-
inch main near the entrance to the off-street parking lot that will serve the Phase
One Units. Water service from the new 8-inch main to the Units shall be
provided either by way of combined service lines to each structure in the project
or by way of individual service lines to each Unit, in Declarant's discretion,
which service lines shall be installed by Declarant before a Certificate of
Occupancy is issued for the Units served thereby.
(b) Sanitary sewer service for the proj ect shall be provided via the
existing Aspen Consolidated Sanitation District sewer Jines located in 400 Street
and 300 Street. Before obtaining a Certificate of Occupancy for a structure in
the proj ect, Declarant shall construct a single service line that connects the
structure to the nearest existing sewer line.
(c) Electric, telephone, cable TV and natural gas service for the project
shall be provided via the existing lines in the i=ediate site area. Before
obtaining a Certificate of Occupancy for a Phase (or for the entire proj ect, if
Declarant does not elect phasing), Declarant shall install connecting service lines
from the existing lines to the subject Units.
(d) All utility extensions shall be located underground.
6. . Draina!!e and Erosion Control. Before applying for a building permit for
a Phase (or for the entire project, if Declarant does not elect phasing), Declarant shall
submit a site specific drainage and erosion control plan to the County Engineer for
review and approval.
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7. Fire Protection. In constructing the project, Declarant shall comply with
all applicable codes and requirements of the Aspen Fire Protection District, and shall
install residential sprinkler systems in all structures.
8. Wildlife Mitil!ation Measures. Prior to obtaining a Certificate of
Occupancy for a Phase (or for the entire project, if Declarant does not elect phasing),
Declarant shall provide bear-proof trash containers for the subject Units.
9. Weed Manal!ement Plan. Before applying for a building permit for a
Phase (or for the entire project, if Declarant does not elect phasing), Declarant shall
submit a weed management plan to the Land Management Department for review and
approval.
10. Air Quality.
(a) Before applying for a building permit for a Phase (or for the entire
project, if Declarant does not elect phasing), Declarant shall submit a fugitive
dust control plan to the Environmental Health Department for review and
approval covering the proposed construction. The plan shall include measures to
ensure that dust does not become a nuisance and/or travel onto adj acent
properties.
(b) Before a building permit is issued for a Phase (or for the entire
project, if Declarant does not elect phasing), Declarant shall make a cash-in-lieu
payment for PM-l 0 mitigation to the Environmental Health Department for the
subject Units. If at the time of building pemiit application the Environmental
Health Department has not instituted a cash-in-lieu program and/or the required
mitigation is not acceptable to Declarant, then Declarant shall cooperate with the
Environmental Health Department to determine an appropriate alternative,
mutually acceptable mitigation plan.
(c) Wood burning devices shall be prohibited in the affordable housing
Units on Lot 2.
11. Exterior Lil!htinl!. All exterior lighting on Lot 2 shall comply with the
Pitkin County Lighting Regulations in effect at the time of installation.
12. School Land Dedication Fee. Before a building permit is issued for a
Phase (or for the entire project, if Declarant does not elect phasing), Declarant shall
make a cash payment to Pitkin County, proportionate to the number of Units being
constructed against the total number of approved Units on Lot 2, in lieu of dedicating
land to the Roaring Fork RE-l School District. The amount of the payment shall be
calculated in accordance with the regulations in effect at the time the building permit is
issued.
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13. Park Dedication Fee. Before a building permit is issued for a Phase (or
for the entire project, if Declarant does not elect phasing), Declarant shall make a cash
payment to Pitkin County, proportionate to the number of Units being constructed
against the total number of approved units on Lot 2, in lieu of dedicating land for
parks/recreation/open space. The amount of the payment shall be calculated in
accordance with the regulations in effect atthe time the building permit is issued.
14. Road Impact Fee. Before a building permit is issued for a Phase (or for
the entire project, if Dec1arant does not electphasing), Declarant shall make a cash road
impact fee payment to Pitkin County, proportionate to the number of Units being
constructed against the total number of approved Units on Lot 2. The amount of the
payment shall be calculated in accordance with the regulations in effect at the time the
building permit is issued.
ARTICLE IV
VESTED RIGHTS
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Under Resolution No. 135-2004, tbe right to undertake and complete the
development and use of the Property in accordance with tbe attached Site Development
'Plan and architectural plans and elevations is vested until September 22, 2007, and shall
not be altered, impaired, diminished or delayed by any subsequent zoning or land use
action that is prohibited by Section 24-68-105(1) of the Colorado Revised Statutes,
subject to the exceptions set forth in Section 24-68-105 (a-c) and Section 24-68-105(2).
As authorized by Section 24-68-105( 4)(a), County and Declarant agree that the "site
specific plan" for the Property consists of and includes, but is not limited to, the
number, size, and configuration ofthe affordable housing Units, the parking spaces,
other spaces and areas in the project, and all other matters set forth in Resolution No.
135-2004, Ordinance No. 40 (Series of2004), the recorded Final Plat and all
attachments thereto, and this Subdivision/PUD Agreement and all exhibits hereto. For
purposes of this Article IV, this SubdivisionlPUD Agreement shall be considered a
"development agreement" as that term is used in Section 24_68-104(2) of the Colorado
Revised Statutes.
ARTICLE V
SUBDIVISION IMPROVEMENTS AGREEMENT
I. Improvements to be Constructed. Prior to the issuance of a Certificate
of Occupancy for Phase One (or for the entire project, if Declarant does not elect
phasing), Declarant agrees to accomplish the following public improvements, to wit:
Construction of the 8-inch water main interconnect between the existing 6-inch water
lines located in 400 Street and 300 Street, and installation of the fire hydrant off of said
8-inch water main, as described in Article III(5)(a) above. In addition, Declarant shall
complete the landscaping and restoration of disturbed areas in accordance with the
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Landscaping and Revegetation Plan referred to in Article III(2)(a) above no later than
six (6) months following the issuance of such Certificate of Occupancy.
2. Financial Assurances. In orderto secure Declarant's perfonnance under
this Article V, Declarant hereby covenants and agrees with County that no building
pennit shall be issued for construction on the Property until the improvements described
in Article V(I) above have been completed by Declarant and approved by the County
Engineer, or Declarant >has delivered to.County an irrevocable letter of credit in fonn
and substance approved by the County Attorney, issued by a Colorado bank acceptable
to the Board of County Commissioners, in the amount of the cost of constructing said
improvements as estimated at that time by Declarant >and approved by the County
Engineer, based on detailed cost estimates to be submitted by Declarant. The letter of
credit shall provide that it may be drawn upon by the Board upon presentation by the
Board, subject only to the Board's affidavit that the Declarant is in default of
Declarant's obligations under this Subdivision/PUD Agreement. The amount of the
security may be incrementally reduced as improvements are completed to the
satisfaction of the Board. Said letter of credit shall be in full force and effect until such
time as the County Engineer has determined that all improvements are satisfactorily
completed.
In the event the Board detennines that any of the above-required improvements
have not been constructed as required by this SubdivisionIPUD Agreement, the Board
shall give the Declarant written notice specifying the deficiencies, and in the event
Declarant has not corrected the deficiencies within 30 days following receipt of such
notice, the Board shall have the right to draw upon the letter of credit as may be
necessary to complete the improvements in accordance with the requirements of this
Article V. .
3. Construction Schedule. A construction schedule for the above-described
jmprovements shall be submitted to the County Engineer at the same time that the
financial guarantee described in Article V(2) above is provided.
4. Release by Countv. At such time as Declarant has completed the
construction of the improvements required under this Article V to the satisfaction of the
County Engineer, County agrees to execute a written instrument in recordable form
o which acknowledges the satisfactory completion of the improvements by Declarant and
~ which releases Declarant from any further obligations under this Article V.
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ENFORCEMENT
The County shall have the right to prosecute an action at any time to enforce the
"; provisions of this SubdivisionlPUD Agreement by injunctive relief. The prevailing
;;; party in any such action shall be entitled to an award of its reasonable attorney's fees
and costs.
8
ARTICLE VII
GENERAL PROVISIONS
1. The terms and provisions of this SubdivisionlPUD Agreement shall be
binding upon and inure to the benefit of Declarant and County and their respective
successors and assigns. It is expressly understood that Declarant will be assigning its
rights and obligations hereunder, as they pertain to Lot 2, to Aspen Land Fund, LLC, a
CoJ.orado limited liability company CALF"), and County hereby consents to such
assignment. Upon the express written assumption by ALF of all of Declarant's
obligations hereunder relating to Lot 2, Declarant shall be relieved of any further
obligations or responsibilities hereunder with respect to Lot 2.
2. Unless amended pursuant to Article VII(S) below, this SubdivisionlPUD
Agreement shall be perpetual in effect, except that any provision to which the rule
against perpetuities or the rule restricting restraints on alienation may be determined to
be applicable shall only extend and run for the period of the lives of Scot Matteson and
Patrick N. Smith and their now living children, and the survivor of them, plus 20 years.
3. This SubdivisionlPUD Agreement shall be subject to and construed in
accordance with the laws of the State of Colorado.
4. If any of the provisions of this SubdivisionIPUD Agreement or any
paragraph, sentence, clause, phrase, word, or section or the application thereof in any
circumstance is invalidated, such invalidity shall not affect the validity of the remainder
of the SubdivisionIPUD Agreement, and the application of any such provision,
paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not
be affected thereby.
5. This SubdivisionlPUD Agreement contains the entire understanding
-between the parties hereto with respect to the subject matter hereof. This
SubdivisionlPUD Agreement, and/or the Final Plat and all attachments thereto, may be
amended by the recording in the Pitkin County, Colorado real property records of a
written amendment executed and acknowledged by Declarant and County.
6. Numerical and title headings contained in this Subdivision/PUD
Agreement are for convenience only, and shall not be deemed determinative ofthe
substance contained herein. As used herein, where the context requires, the use of the
singular shall include the plural and the use of any gender shall include all genders.
7. Upon exccution of this Subdivision/PUD Agreement by the parties hereto,
Connty agrees to approve and execute the Final Plat for Alpine Grove
SubdivisionlPUD, and to accept the same for recordation in the office of the Clerk and
Recorder for Pitkin County, Colorado, upon payment of the recordation fee by
Declarant.
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8. The terms, conditions, provisions and obligations herein contained shall
be deerned covenants that run with and burden the title to the lands within the Alpine
Grove Subdivision/PUD or Lot I or Lot 2 alone, as provided herein, and all record
owners thereof from time to time and their respective successors, grantees or assigns,
and shall be deemed an appurtenance to such lands.
R 126.00 D 0.00
10
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as
of the day and year first above written.
DECLARANT:
ABC 32, LLC, a Colorado limited liabJlity
company
By: AUSTIN LAWRENCE PARTNERS, LLC,
a.Colorado limited liability company,
Manager
COUNTY:
THE BOARD OF COUN Y
COMMISSIONERS OF PITKIN COUNTY,
COLORADO
BY:/~.(-<~~"" ~""'.c"-
Chairperson
II~IIIIII IIIIIIII~ 1111111111111111 IIIIIIIIII~ II~ ~~~~~~ r 1;S 44.
SILVIA DAVIS PITKIN COUNTY CO R 126.00 D ..00 .
Approved as to Form:
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Pitkin County Atto
STATE OF COLORADO)
) 55.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this '(JfjfiJy of
October, 2004, by Gregory P. Hill as Manager of Austin Lawrence Partners, LLC, a
Colorado limited liability company, in its capacity as Manager of ABC 32, LLC, a
Colorado limited liability company.
Witness my band and official seal.
l)oSS
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STATE OF COLORADO
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COUNTY OF PITKIN
. The foregoing. instrument was acknowledged before me thi~day of
Octobsr,}004, by the Board of County Commissioners of Pitkin County, ~olorado, by
L-(.,-to~ . .as Chairperson, and by ,"k.nnlW' tbs5
as Deputy Clerk and Recorder.
Witness my hand and official seal.
My commission expires:
1-;), '1- oS .
(k,rvnl+er
Notary Public
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