HomeMy WebLinkAboutLand Use Case.720 S Aspen St.0087.2016.ASLUASL(� TO 5 At�
5P 0087.2016.ASLU LIFT ONE LODGE
ENTITLEMENTS
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PATH: G/DRIVE /ADMINISTRATIVE/ADMIN/LANDUSE CASE DOCS
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CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER
PROJECT ADDRESS
PARCEL ID
PLANNER
CASE DESCRIPTION
REPRESENTATIVE
DATE OF FINAL ACTION
0087.2016.ASLU
720 S ASPEN ST
2737 131 19 001
JENNIFER PHELAN
LIFT ONE PD RECORDATION
DOCUMENTS
LIFT ONE LODGE ASPEN LLC
12/30/2016
CLOSED BY BONNIE SHILES 8/13/18
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Main Custom Fields Routing Status Fee Summary Actions Routing History
Permit type I ® I Aspen Land Use Permit # 0087.2016.ASLU
Address 1720 SAS PEN ST Apt/Suite
City JASPEN State CO zip 81611
Permit Information
Master permit Routing queue aslul5 Applied 09/28/2016
Project Status pending 7 Approved
Description
LIFT ONE PD-RECORDATION DOCUMENTS
Submitted SUNNY 925.6958 Clock Running Days Fol
Submitted via
Issued
Closed/Final
Expires 09/23/2017
0 wner
Last name LIFT ONE LODGE ASPEN, L First name 605 W MAIN ST
2
Phone (970) 544.4187 Address ASPEN CO 81611
Applicant
❑ Owner is applicant? ❑ Contractor is applicant?
Last name I LIFT ONE LODGE ASPEN, L First name 605 W MAIN ST
Phone (970) 544 4187 1 Cust # 130251 2
Address ASPEN CO 81611
E mail
Lender
Last name First name
Phone ( ) Address
Check ��9h�
AspenGold5 (server) karlah - 1 of 1
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Tuc (F-ry nc AcPPNT
Land Use Application
Determination of Completeness
Date: September 26, 2016
Dear City of Aspen Land Use Review Applicant,
We have received your land use application for Lift One Lodge - Entitlements and have
reviewed it for completeness.
Your Land Use Application is complete:
Please submit the following to begin the land use review process.
1) Review deposit of $1,950.00.
Other submission items may be requested throughout the review process as deemed
necessary by the Community Development Department. Please contact me at 429-2759 if
you have any questions.
Thank -YOU.
i)4^�SL
ennifer Ph6h, Deputy Planning Director
City of Aspen, Community Development Department
For Office Use Only:
Mineral Rights Notice Required
Yes No—>9
GMQS Allotments
Yes No�
Qualifying Applications:
New PD
Subdivision, or PD (creating more than 1 additional lot)
Residential Affordable Housing
Commercial E.P.F. Lodging
RECEPTION#:635076.12/30/20 t
09:53:20 AM,
1 OF 7. R $41.00 Doc Code AGREEMENT
Janice K. Vos Caudill. Pitkin County, CO
DEC 2 .1 2016
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT
FOR
LIFT ONE LODGE SUBDIVISION/PUD
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT FOR LIFT ONE
LODGE SUBDIVISION/PUD (this "Amendment") is made as of the ?,D_ day of
1:),tttMJ2&&K 2016, by and between the CITY OF ASPEN, COLORADO, a Colorado
homerule municipal corporation (the "City"), and LIFT ONE LODGE ASPEN LLC, a Delaware
limited liability company ("Owner").
Recitals
A. Owner (as the successor -in -interest to Roaring Fork Mountain Lodge — Aspen,
LLC) and the City are parties to that certain Development Agreement for Lift One Lodge
Subdivision/PUD dated as of March 4, 2013 and recorded in the real property records of Pitkin
County, Colorado (the "Records") on March 5, 2013 at Reception No. 597439 (the "Original
Development Agreement").
B. The Original Development Agreement concerns the development of a lodge
project (the "Project") originally approved by the City Council of the City as evidenced by
Ordinance 28, Series of 2011, recorded in the Records on January 10, 2012 at Reception No.
585785, a Development Order issued by the City's Community Development Director on
November 28, 2011, and recorded in the Records on January 18, 2012 at Reception No. 585963,
as amended by the Amended Development Order dated August 20, 2012 and recorded in the
Records on August 21, 2012 at Reception No. 591520 (collectively, the "Original Approvals").
C. Pursuant to the Original Approvals, the final planned unit development plans for
the Project were recorded in the Records on March 5, 2013 in Plat Book 102 at Page 4, at
Reception No. 597441 (the "Original PUD Plans").
D. Owner applied for and the City, acting through its Planning and Zoning
Commission, has approved a minor amendment to the Original Approvals and the Original PUD
Plans as more particularly described in Planning and Zoning Commission Resolution No. 2,
Series of 2016, adopted on March 15, 2016 and recorded in the Records on April 21, 2016 at
Reception No. 628735 (the "Amendment Resolution"), and the Development Order issued on
April 21, 2016 and attached to this Amendment as Exhibit A (the "New Development Order").
E. Pursuant to the Original Approvals, the Project received "Final Timeshare"
approval and the Original Development Agreement requires, inter alia, that the "Final Timeshare
Plan documentation to be included in the Condominium Declaration for the Lift One Lodge shall
incorporate the requirements and restrictions of the City's timeshare regulations." The City's
timeshare regulations are codified in Section 26.590 of the City of Aspen Land Use Code.
Subsequent to the Original Approvals, the City substantially amended such Section 26.590 due
to compliance and enforcement issues with such regulations. The City and Owner desire to
{A0084910 / 5 }
acknowledge and agree that the Final Timeshare Plan documentation for the Project will be
required to comply with the City's current amended timeshare regulations instead of those that
were in effect when the Original Approvals occurred.
F. The parties desire to enter into this Amendment as required pursuant to Section 6
of the Amendment Resolution to modify certain terms of the Development Agreement and
incorporate certain terms of the Amendment Resolution.
Agreement
NOW, THEREFORE, the City and the Owner hereby agree as follows:
1. Incorporation of Recitals; Ratification. The Recitals given above are incorporated
into this Amendment and the factual assertions in such Recitals are confirmed as being true and
accurate.
2. Incorporation of New Approvals. The provisions of the Amendment Resolution
and the New Development Order are incorporated into this Amendment by this reference, and
Section 2.3 of the Original Development Agreement is hereby amended to incorporate the
Amendment Resolution and the New Development Order. To the extent of any conflict between
the terms of the Original Approvals, on the one hand, and the Amendment Resolution and the
New Development Order, on the other hand, the provisions of the Amendment Resolution and
the New Development Order shall control.
3. Amendment of Original PUD Plans. Pursuant to the Amendment Resolution and
the New Development Order, Owner and the City have recorded in the Records with this
Amendment an amended Approved Plan Set for the Project to incorporate the design revisions
approved by the Amendment Resolution (the "Amended PUD Plans"). The Amended PUD
Plans are recorded in the Records in Plat Book at Page _Z&_, Reception No.
V 5, and by this reference Section 3.2 of the Original Development Agreement is
amended to also incorporate and refer to the Amended PUD Plans. The Amended PUD Plans
amend the Original PUD Plans with respect to the Project elements depicted in the Amended
PUD Plans. To the extent of any conflict between the Original PUD Plans and the Amended
PUD Plans, the Amended PUD Plans shall govern and control.
4. Affordable Housing. Sections 3 and 4 of the Amendment Resolution are
incorporated into this Amendment by this reference, and Article V of the Original Development
Agreement is hereby amended to incorporate the terms of conditions of Sections 3 and 4 of the
Amendment Resolution.
5. Timeshare Regulations. The Final Timeshare Plan documentation for the Project
will be required to comply with the City's amended timeshare regulations in effect as of the date
of this Agreement as codified in Section 26.590 of the City of Aspen Land Use Code, instead of
those that were in effect when the Original Approvals occurred. The application of such
amended timeshare regulations will not have any effect on the existing vested property rights for
the Project established pursuant to the Original Approvals, as amended by City Council
Resolution No. 41, Series of 2015.
{A0084910 / 5 } 2
6. Effect. The terms of this Amendment shall govern over any conflicting terms
contained in the Development Agreement or the Original Approvals. Except as expressly
provided in this Amendment, the Development Agreement and the Original Approvals have not
been amended and remain in full force and effect.
7. Recording. This Amendment shall be recorded in the Records.
WHEREAS, this Amendment has been executed and consented to as of the date first
above written.
[Balance of Page Intentionally Left Blank.
Signatures Appear on Following Pages.]
{A0084910/5}
Attest:
Linda Manning, City Clerk
APPROVED AS TO FORM:
e
ames R. True, City Attorney
{ A0084910 / 5 }
City:
City of Aspen, Colorado, a Colorado homerule
mur
[remainder ol'page intentionally blank]
4
' LU;6
Owner:
LIFT ONE LODGE ASPEN LLC, a Delaware
limited liability company
STATE OF Cf )
ss.
COUNTY OF )
The foregoing instrument wa ackno le ed before e is day of
i alp 2016 b �,�� �I as
of Lift One Lodge Aspen LLC, a Delaware limited liability company.
Witness my hand and official seal.
My commission expires: 4 1 1( Q I � �)
PNOA GPA Z; 1N�6 i
AM \Ss% r,50 nla
Cc pubNc• oun�
pots($ ��Oa\es t 16 2019
ltes A
Comm.
(A0084910 / 5 )
Exhibit A
Copy of the New Development Order
[see attached page]
{A0084910 / 5 }
DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070,
"Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal
Code. This Order allows development of an amended site specific development plan pursuant to the
provisions of the land use approvals, described herein. The effective date of this Order shall also be the
initiation date of a three-year vested property right. This development order does not represent an extension
of existing vested rights. The project remains vested through November 28, 2018, pursuant to City Council
Resolution No. 41, Series 2015, unless a building permit application submittal is accepted and deemed
complete by the Chief Building Official, pursuant to Section 26.304.090, or unless an exemption, extension,
reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration
of vested property rights, this Order shall remain in full force and effect, excluding any growth management
allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use
Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific development plan
as described below.
Lift One Lodge Aspen, LLC 605 W. Main St. Suite 2 Aspen, CO 81611
Property Owner's Name, Mailing Address
Lot 1 of Lift One Lodge Subdivision/PUD, commonly known as 720 S. Aspen St., City of Aspen,
Pitkin County, Colorado
Legal Description and Street Address of Subject Properly
The amendments allowed the previously approved Lift One Lodge to convert associated lodge
space into commercial space and amend previously approved architecture and materials.
Written Description of the Site Speck Plan and/or Attachment Describing Plan
Planned Development Project Review Amendment, Growth Management Reviews, Commercial
Design Amendment, and Conditional Use — Amendment of Development Order; relating to
Municipal Code Chapters: 26.445, 26.470, 26.412, and 26.425, Planning and Zoning Resolution
No. 2, Series 2016.
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
April 29, 2016
Effective Date of Development Order (Same as date of publication of notice of approval)
November 28, 2018
Expiration Date of Development Order, Pursuant to City Council Resolution No. 41, Series 2015 (The
extension, reinstatement, exemption from expiration and revocation may be pursued in accordance
with Section 26.308.010 of the City of Aspen Municipal Code.)
Issued this 21" day of April, 201�r,�by the City of Aspen Deputy Community Development
Director.
� V
hrdii
fer P el , Deputy Community Development Director
VANN ASSOCIATES, LLC
Planning Consultants
December 21, 2016
HAND DELIVERED
Ms. Hillary Seminick
Aspen Community Development Department
130 South Galena Street
Aspen, CO 81611
DEC 2 1 2016
Re: Lift One Lodge Subdivision/Planned Unit Development - Recordation Docu-
ments
Dear Hillary:
Enclosed herewith for the City's signature and recordation is the executed Amendment
to the Development Agreement for the Lift One Lodge Subdivision/PUD and two
mylar copies of the associated Approved Plan Set. The Amendment will need to be
signed by the Mayor, City Clerk and City Attorney. The Approved Plan Set must be
signed by Jessica Garrow. Please forward the documents to Kathy Strickland who
will obtain the necessary signatures and handle the recordation process. Please have
her call me when she is ready to record so that I may accompany her to the Pitkin
County Clerk's office to ensure that all required cross references in the documents are
properly filled in and to pay the recordation fee. If at all possible, we would like to
record the documents before the end of the year.
Should you have any questions please do not hesitate to call.
Yours truly,
TES, LLC
d: \o1dc\bus\city.Itr\Itr62315. hs2
P.O. Box 4827 • Basalt, Colorado 81621 • 970/925-6958 • Fax 970/920-9310
vannassociates@comcast.net
DEC 2 12016
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT
FOR
LIFT ONE LODGE SUBDIVISION/PUD
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT FOR LIFT ONE
LODGE SUBDIVISION/PUD (this "Amendment") is made as of the day of
, 2016, by and between the CITY OF ASPEN, COLORADO, a Colorado
homerule municipal corporation (the "City"), and LIFT ONE LODGE ASPEN LLC, a Delaware
limited liability company ("Owner").
Recitals
A. Owner (as the successor -in -interest to Roaring Fork Mountain Lodge — Aspen,
LLC) and the City are parties to that certain Development Agreement for Lift One Lodge
Subdivision/PUD dated as of March 4, 2013 and recorded in the real property records of Pitkin
County, Colorado (the "Records") on March 5, 2013 at Reception No. 597439 (the "Original
Development Agreement").
B. The Original Development Agreement concerns the development of a lodge
project (the "Project") originally approved by the City Council of the City as evidenced by
Ordinance 28, Series of 2011, recorded in the Records on January 10, 2012 at Reception No.
585785, a Development Order issued by the City's Community Development Director on
November 28, 2011, and recorded in the Records on January 18, 2012 at Reception No. 585963,
as amended by the Amended Development Order dated August 20, 2012 and recorded in the
Records on August 21, 2012 at Reception No. 591520 (collectively, the "Original Approvals").
C. Pursuant to the Original Approvals, the final planned unit development plans for
the Project were recorded in the Records on March 5, 2013 in Plat Book 102 at Page 4, at
Reception No. 597441 (the "Original PUD Plans").
D. Owner applied for and the City, acting through its Planning and Zoning
Commission, has approved a minor amendment to the Original Approvals and the Original PUD
Plans as more particularly described in Planning and Zoning Commission Resolution No. 2,
Series of 2016, adopted on March 15, 2016 and recorded in the Records on April 21, 2016 at
Reception No. 628735 (the "Amendment Resolution"), and the Development Order issued on
April 21, 2016 and attached to this Amendment as Exhibit A (the "New Development Order").
E. Pursuant to the Original Approvals, the Project received "Final Timeshare"
approval and the Original Development Agreement requires, inter alia, that the "Final Timeshare
Plan documentation to be included in the Condominium Declaration for the Lift One Lodge shall
incorporate the requirements and restrictions of the City's timeshare regulations." The City's
timeshare regulations are codified in Section 26.590 of the City of Aspen Land Use Code.
Subsequent to the Original Approvals, the City substantially amended such Section 26.590 due
to compliance and enforcement issues with such regulations. The City and Owner desire to
{A0084910 / 5 }
acknowledge and agree that the Final Timeshare Plan documentation for the Project will be
required to comply with the City's current amended timeshare regulations instead of those that
were in effect when the Original Approvals occurred.
F. The parties desire to enter into this Amendment as required pursuant to Section 6
of the Amendment Resolution to modify certain terms of the Development Agreement and
incorporate certain terms of the Amendment Resolution.
Agreement
NOW, THEREFORE, the City and the Owner hereby agree as follows:
1. Incorporation of Recitals; Ratification. The Recitals given above are incorporated
into this Amendment and the factual assertions in such Recitals are confirmed as being true and
accurate.
2. Incorporation of New Approvals. The provisions of the Amendment Resolution
and the New Development Order are incorporated into this Amendment by this reference, and
Section 2.3 of the Original Development Agreement is hereby amended to incorporate the
Amendment Resolution and the New Development Order. To the extent of any conflict between
the terms of the Original Approvals, on the one hand, and the Amendment Resolution and the
New Development Order, on the other hand, the provisions of the Amendment Resolution and
the New Development Order shall control.
3. Amendment of Original PUD Plans. Pursuant to the Amendment Resolution and
the New Development Order, Owner and the City have recorded in the Records with this
Amendment an amended Approved Plan Set for the Project to incorporate the design revisions
approved by the Amendment Resolution (the "Amended PUD Plans"). The Amended PUD
Plans are recorded in the Records in Plat Book at Page Reception No.
and by this reference Section 3.2 of the Original Development Agreement is
amended to also incorporate and refer to the Amended PUD Plans. The Amended PUD Plans
amend the Original PUD Plans with respect to the Project elements depicted in the Amended
PUD Plans. To the extent of any conflict between the Original PUD Plans and the Amended
PUD Plans, the Amended PUD Plans shall govern and control.
4. Affordable Housin;. Sections 3 and 4 of the Amendment Resolution are
incorporated into this Amendment by this reference, and Article V of the Original Development
Agreement is hereby amended to incorporate the terms of conditions of Sections 3 and 4 of the
Amendment Resolution.
5. Timeshare Regulations. The Final Timeshare Plan documentation for the Project
will be required to comply with the City's amended timeshare regulations in effect as of the date
of this Agreement as codified in Section 26.590 of the City of Aspen Land Use Code, instead of
those that were in effect when the Original Approvals occurred. The application of such
amended timeshare regulations will not have any effect on the existing vested property rights for
the Project established pursuant to the Original Approvals, as amended by City Council
Resolution No. 41, Series of 2015.
{A0084910 / 5 } 2
6. Effect. The terms of this Amendment shall govern over any conflicting terms
contained in the Development Agreement or the Original Approvals. Except as expressly
provided in this Amendment, the Development Agreement and the Original Approvals have not
been amended and remain in full force and effect.
7. Recording. This Amendment shall be recorded in the Records.
WHEREAS, this Amendment has been executed and consented to as of the date first
above written.
[Balance of Page Intentionally Left Blank.
Signatures Appear on Following Pages.]
{A0084910 / 5 }
Attest:
Linda Manning, City Clerk
APPROVED AS TO FORM:
James R. True, City Attorney
City:
City of Aspen, Colorado, a Colorado homerule
municipal corporation
Steven Skadron, Mayor
[remainder of page intentionally blank]
{A0084910 / 5 } 4
DEC 212016
Owner:
LIFT ONE LODGE ASPEN LLC, a Delaware
limited liability company
STATE OF Cf� )
ss.
COUNTY OF �)
The foregoing instrument wasackno le ed before e s �/ day of
i al 2016, by �o�L n i� as
of Lift One Lodge Aspen LLC, a Delaware limiteod liability company.
Witness my hand and official seal.
My commission expires: 4 1 r 1 fl 11
00 �RpCE210jAlb
NO 1S%%Ot% �a\lt010 a
1.0 G° pobllc 0�al
r� N0`\.p5 AEX °eg p 1b
M 00m�.
(A0084910/5 )
Exhibit A
Copy of the New Development Order
[see attached page]
{A0084910 / 5 }
DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070,
"Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal
Code. This Order allows development of an amended site specific development plan pursuant to the
provisions of the land use approvals, described herein. The effective date of this Order shall also be the
initiation date of a three-year vested property right. This development order does not represent an extension
of existing vested rights. The project remains vested through November 28, 2018, pursuant to City Council
Resolution No. 41, Series 2015, unless a building permit application submittal is accepted and deemed
complete by the Chief Building Official, pursuant to Section 26.304.090, or unless an exemption, extension,
reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration
of vested property rights, this Order shall remain in full force and effect, excluding any growth management
allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use
Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific development plan
as described below.
Lift One Lodge Aspen, LLC 605 W. Main St. Suite 2 Aspen, CO 81611
Property Owner's Name, Mailing Address
Lot 1 of Lift One Lodge Subdivision/PUD, commonly known as 720 S. Aspen St., City of Aspen,
Pitkin County, Colorado
Legal Description and Street Address of Subject Property
The amendments allowed the previously approved Lift One Lodge to convert associated lodge
space into commercial space and amend previously pproved architecture and materials.
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Planned Development Project Review Amendment, Growth Management Reviews, Commercial
Design Amendment, and Conditional Use — Amendment of Development Order; relating to
Municipal Code Chapters: 26.445, 26.470, 26.412, and 26.425; Planning and Zoning Resolution
No. 2, Series 2016.
Land Use Approvals) Received and Dates (Attach Final Ordinances or Resolutions)
April 29, 2016
Effective Date of Development Order (Same as date of publication of notice of approval.)
November 28, 2018
Expiration Date of Development Order, Pursuant to City Council Resolution' No. 41, Series 2015 (The
extension, reinstatement, exemption from expiration and revocation may be pursued in accordance
with Section 26.308.010 of the City of Aspen Municipal Code)
Issued this 21" day of April, 201' ,4Pby the City of Aspen Deputy Community Development
Director.
hrdiifer'Plie4l, Deputy Community Development Director
Hillary Seminick
From: Hailey Guglielmo
Sent: Tuesday, October 18, 2016 8:44 AM
To: Hillary Seminick
Subject: RE: Lift One Lodge Development Agreement and Recordation Docs Referral I Parks, ENG
and Legal
Follow Up Flag: Follow up
Flag Status: Flagged
Hillary,
I'm not sure what you need from me on this one. What are they changing? At this point can we alter items that have
previously been approved? Any updates to Civil plans? Two comments are as follows:
The stairs at the top of South Aspen St at the turn around cannot be placed in the ROW. The proposed alignment
limits vehicle turn around. Access from the LOL property needs to be within the property lines. Thi alignment
has previously been approved, but does not meet today's standard. -�;, 1,1 a--) c I
It appears all stormwater mitigation will be treated via green roofs. Is this the case? If 6 t needs to be
demonstrated that all impervious rooftop surfaces drain to a greenroof.
Can you give me a call to discuss this one.
Thanks,
Hailey Guglielmo, EIT
Civil Engineer
130 S. Galena St.
Aspen, CO 81611
(970) 429-2751
Hailey.guglielmo@citvofaspen.com
From: Hillary Seminick
Sent: Monday, October 10, 2016 10:59 AM
To: Jim True <jim.true@cityofaspen.com>; David Radeck <david.radeck@cityofaspen.com>; Hailey Guglielmo
<hailey.guglielmo@cityofaspen.com>
Subject: Lift One Lodge Development Agreement and Recordation Docs Referral I Parks, ENG and Legal
All -
Please refer to the link below for the Lift One Lodge Development Agreement and Recordation Docs. Please let me know
if you have any questions and your anticipated timeline for review.
X:\City\Hillary Seminick\Lift One Lodge Development Agreement ENG LEGAL PARKS referral
Thanks,
Hillary
Hillary Seminick
Planner I Community Development Department
City of Aspen 130 S Galena St I Aspen, CO 81611
970.429.2741 www.aspenpitkin.com
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We sre ametrltng the isna V.e Cbar to n,rthrr
tacerpmte the Aspen Am Ooaueuntty PlAn (AA IX
To do thin, we neat your feMA►rY an what )m thlnt
the" rorixiona might uuran fix the ittturr.
It', �,.n At J— 1'.." y..0 uy'
Notice and Disclaimer:
This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from
disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and
then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If
applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual
representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of
detrimental reliance.
SEP 222016
VANN ASSOCIATES, LLC
Planning Consultants
September 21, 2016
HAND DELIVERED
Ms. Hillary Seminick
Aspen Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: Lift One Lodge Subdivision/Planned Unit Development - Recordation Docu-
ments
Dear Hillary:
Attached for the Community Development Department's review and approval are the
recordation documents for the Lift One Lodge Subdivision/PUD's Minor Amendment.
Upon completion of the Department's review, we will revise the documents in the
event required, and provide you with executed copies for recordation with the Pitkin
County Clerk and Recorder.
The documents are submitted pursuant to Sections 26.445.090 and 26.490.040 of the
Aspen Land Use Regulations by Lift One Lodge Aspen, LLC (hereinafter "Appli-
cant"), the owner of Lots 1 and 2 of the PUD (see Exhibit 1, Pre -Application
Conference Summary, attached hereto. A Title Policy evidencing the Applicant's
ownership of the property is attached as Exhibit 2. Permission for Vann Associates,
LLC to represent the Applicant and an Application Fee Agreement are attached as
Exhibits 3 and 4.
The amendment was approved pursuant to Planning and Zoning Commission Resolu-
tion No. 2, Series of 2016 (see Exhibit 5). Pursuant to Section 6 of the Resolution,
the Applicant must record an amendment to the project's previously approved
Development Agreement and an amended PUD plan set within 180 days of the
issuance of the Development Order memorializing the approval. The Development
Order was issued on April 21, 2016 (see Exhibit 6). The amended documents,
therefore, must be recorded on or before October 18, 2016.
A First Amendment to Development Agreement for Lift One Lodge Subdivision/PUD
is attached as Exhibit 7. The document amends the relevant sections of the
P.O. Box 4827 • Basalt, Colorado 81621 • 970/925-6958 • Fax 970/920-9310
vannassociates@comcast.net
Ms. Hillary Seminick
September 21, 2016
Page 2
prior Development Agreement to reflect the conditions of P&Z Resolution No. 2. A
PUD plan set depicting the Lodge's amended architecture accompanies this letter.
Should you have any questions, or if I can be of any further assistance, please do not
hesitate to call.
Yours truly,
VANN ASSOCIATES, LLC
SV:cwv
Attachments
cc: Michael Brown
J. Bart Johnson, Esq.
d:\oldc\bus\city.ltr\ltr62315.hs 1
EXHIBIT
CITY OF ASPEN /
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Hillary Seminick, 429-2741 DATE: June 28, 2016
PROJECT: Lift One Lodge PD and Subdivision — Recordation Documents
REPRESENTATIVE: Sunny Vann, Vann Associates, 925.6958
DESCRIPTION:
The Applicant has land use approvals to develop the Lift One Lodge property with 22 timeshare units, 5 free-market units, a
subgrade garage with 163 spaces, and 5,220 sf commercial net leasable area. The Detailed Review approvals were
amended by Resolution No. 2, Series of 2016. The following final documents are required to be updated and recorded to
reflect the changes: final PD plan set reflecting the design changes, a PD/Subdivision Agreement, Development
Agreement. Timeshare documents shall be submitted with the condo plat. The applicant currently has a deadline of
October 18, 2016 to record the documents (180 days from issuance of Development Order — April 29, 2016) and is vested
through November 24, 2018. If additional time is needed, the applicant may request an extension. All documents are
reviewed administratively. No public hearings are required.
In addition to Planning staff review, the Engineering and Parks Departments, and City Attorney's Office will review the
recordation documents.
Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures
26.445 Planned Development
26.490 Approval Documents
Review by:
• Staff for complete application and approval of documents
Planning Fees: Planning Deposit — $975 for 3 hours (additional time is billed at $325 per hour)
Referral Fees: Parks Department - $650 flat fee
Engineering Department - $275 deposit (additional time is billed at $275 per hour)
City Attorney's Office — no deposit, but time is billed at $325 per hour
Total Deposit: $1,950
To apply, submit the following information:
❑ Proof of ownership with payment.
❑ Signed fee agreement.
❑ Applicant's name, address and telephone number in a letter signed by the applicant which states the name,
address and telephone number of the representative authorized to act on behalf of the applicant.
❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a
current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing
the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and
agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application.
❑ Total deposit for review of the application.
❑ 2 Hard copies of the complete application packet and maps; 2 sets of full size plans.
❑ Electronic copy of all document. Word format is preferred for all text documents (Development
Agreement/Subdivision Agreement, etc).
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning,
which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary
does not create a legal or vested right.
EXHIBIT
Land Title Guarantee Company Representing Old Republic National Title Insurance 2
I
i
Schedule A
Order Number: ABB 62006368
Policy Number: OX62006368.752321
Amount: $22,000,000.00
Property Address:
720 SOUTH ASPEN STREET, ASPEN, CO 81611
i
I. Policy Date:
May 26, 2015 at 5:00 P.M. I
2. Name of Insured:
i
LIFT ONE LODGE ASPEN LLC, A DELAWARE LIMITED LIABILITY COMPANY
3. The estate or interest in the Land described or referred to in this Schedule and which is covered by
this policy is:
A FEE SIMPLE
4. Title to the estate or interest covered by this policy at the date is vested in:
LIFT ONE LODGE ASPEN LLC, A DELAWARE LIMITED LIABILITY COMPANY
5. The Land referred to in this Policy is described as follows:
LOTS 1 AND 2, LIFT ONE LODGE SUBDIVISIONIPUD, ACCORDING TO THE PLAT THEREOF
RECORDED MARCH 5, 2013 AT RECEPTION NO. 597438
COUNTY OF PITKIN, STATE OF COLORADO.
This Policy Valid only if Schedule B is attached.
Land Title Guarantee Company Representing Old Republic National Title Insurance Company
(Schedule B)
Order Number 62006368 Policy Number OX62006368.752321
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING
1) ANY FACTS, RIGHTS, INTERESTS, OR CLAIMS THEREOF, NOT SHOWN BY THE PUBLIC RECORDS BUT
THAT COULD BE ASCERTAINED BY AN INSPECTION OF THE LAND OR THAT MAY BE ASSERTED BY
PERSONS IN POSSESSION OF THE LAND.
2) EASEMENTS, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOF, NOT SHOWN BY THE PUBLIC
RECORDS.
3) ANY ENCROACHMENT, ENCUMBRANCE, VIOLATION, VARIATION, OR ADVERSE CIRCUMSTANCE
AFFECTING THE TITLE THAT WOULD BE DISCLOSED BY AN ACCURATE AND COMPLETE LAND SURVEY OF
THE LAND AND NOT SHOWN BY THE PUBLIC RECORDS.
4) ANY LIEN, OR RIGHT TO ALIEN, FOR SERVICES, LABOR OR MATERIAL HERETOFORE OR HEREAFTER
FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS.
5) (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS
AUTHORIZING THE ISSUANCE THEREOF; (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER.
6) TAXES AND ASSESSMENTS FOR THE YEAR 2015 AND SUBSEQUENT YEARS
7) RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM,
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A
RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS
RESERVED IN PATENT RECORDED AUGUST 26, 1949 IN BOOK 175 AT PAGE 298.
8) TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS ASSET FORTH IN CITY OF ASPEN
ORDINANCE 428 (SERIES 2011) RECORDED JANUARY 10, 2012 UNDER RECEPTION NO. 585785.
9) TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS ASSET FORTH IN DEVELOPMENT
ORDER OF THE CITY OF ASPEN RECORDED JANUARY 18, 2012 UNDER RECEPTION NO. 585963, AND AS
AMENDED IN DEVELOPMENT ORDER - AMENDMENT #1, CITY OF ASPEN RECORDED AUGUST 21, 2012
UNDER RECEPTION NO. 591520.
10) EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE FINAL
PLAT OF LIFT ONE LODGE SUBDIVISION/PUD RECORDED MARCH 5, 2013 AT RECEPTION NO. 597438.
11) TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS ASSET FORTH IN DEVELOPMENT
AGREEMENT FOR LIFT ONE LODGE SUBDIVISION/PUD RECORDED MARCH 5, 2013 AT RECEPTION NO.
597439.
f NOTE: LIFT ONE LODGE SUBDIVISION/PUD MAP WAS RECORDED MARCH 5, 2013 UNDER RECEPTION NO.
II 597441.
12) TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS ASSET FORTH IN MASTER
EASEMENT AGREEMENT RECORDED MARCH 5, 2013AT RECEPTION NO. 597440.
13) CONDITIONS ASSET FORTH IN RESOLUTION NO. 14, SERIES OF 2010, RECORDED DECEMBER 17,
2010 UNDER RECEPTION NO. 575969.
14) LEASES WITH THE FOLLOWING TENANTS:
CHASON RUSSELL DATED JUNE 1, 2014
Land Title Guarantee Company Representing Old Republic National Title Insurance Company
(Schedule B)
Policy Number OX62006368.752321
Order Number 62006368
WILL CARDAMONE DATED NOVEMBER 1, 2013
LANGDON ADAMS DATED MAY 1, 2013
CASEY VANDENBECK DATED MAY 1, 2013
PATRICK SEWELL DATED MAY 1, 2013
JOHN F. BRUEGGESS DATED MAY 1, 2013
15) TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS ASSET FORTH IN DEVELOPMENT
ORDER -AMENDMENT #2 RECORDED APRIL 27, 2015 UNDER RECEPTION NO. 619352.
NOTE: ITEMS 1-3 AND 5 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED.
ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING
FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF ROARING FORK MOUNTAIN LODGE -ASPEN,
LLC, A DELAWARE LIMITED LIABILITY COMPANY.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING
FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF LIFT ONE LODGE ASPEN LLC, A DELAWARE
LIMITED LIABILITY COMPANY.
ITEM NO. 5 OF THE STANDARD EXCEPTIONS IS HEREBY DELETED.
EXHIBIT
e
November 30, 2015
Ms. Chris Bendon
Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Permission to Represent
Dear Mr. Bendon:
Please consider this letter authorization for Sunny Vann of Vann Associates, LLC,
Planning Consultants, to represent us in the processing of our application for a Minor
Amendment to the Planned Development - Detailed Review approval for the Lift One
Lodge, and such other approvals as may be required for Lots 1 and 2 of the Lift One
Lodge Subdivision/PUD. Mr. Vann is hereby authorized to act on our behalf with re-
spect to all matters reasonably pertaining to the aforementioned application.
Should you have any questions, or require additional information, please do not hesitate
to call.
Yours truly,
LIFT ONE LODGE ASPEN, LLC
Michael Brown, Authorized Representative
605 West Main Street, Suite 2
Aspen, CO 81611
(970) 544-4187
d:\oldc\bus\city.Itr\itr62315.cb1
Agreement to Pay Application Fees
All a reement oetween the Uty or Aspen ("Uty-) and
Property :rWe �?� Phone No.: 7p .
Owner ("I"):�.. 4f4-G Email �`4nf/w�el.���DYt/�,/
Address of ��.,Billing
Property: ddress:
(Subject of C l «� `S �/ is bills here)
application) /'� Iy CQ a�G/�
I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and payment
of these fees is a condition precedent to determining application completeness. I understand that as the property owner that
I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are
non-refundable.
$.G 6a• 04'flat fee for �� $, flat fee for
$. flat fee for $. flat fee for
For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not
possible at this time to know the full extent or total costs involved in processing the application. I understand that additional
costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete
processing, review and presentation of sufficient information to enable legally required findings to be made for project
consideration, unless invoices are paid in full.
The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to
the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of
an invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no -payment. I agree to pay
the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not
render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I
agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly
rates hereinafter stated.
$ OM• -_ deposit for hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at $325.00 per hour.
Q' d6
$ ✓�� deposit for hours of Engineering Department staff time. Additional time above the
deposit amount will be billed at $325.00 per hour.
City of Aspen:
Jessica Garrow, AICP
Community Development Director
City Use:
Fees Due: $_Received $
c/�.r/
Property Owner: ;,���
�dtW-f 'ff
Name:
Title:
March, 2016 City of Apen 1130 S. Galena St. ) (970) 920 5050
REi iIow:628735, EXHIBIT
08:3::39 AM,
OF 30, R S i 56.00 Do
RESOL.i} T ION1
RESOLUTION NO. 2 Janice K. tlos Caudill,
(S E RIES OF 2016)
A PE5OLUTION OF THE ASPEN PLANNING AN-n ZONING CQMNUSSION
a-PPRO A r FOR A MINOR PLANNED DEVELOPMENT AME( DIMENT TO A
DETAILED REVIEW, GROWTH -MAIM AGE-MENT REVIEW, COMMERCIAL DESIGN
A AENDMEN T, Alkil-ENDME NT OF DEVELOP IE'NT ORDER. OTHER AMENMIENT
FOR LOT I OF T HIE MYT ONE LODGE SUBDIVISION/PLANINED UNIT
DEVELOPMENT LOCATE ON PROPERTY COMMONLY KNOWN AS 710/ S. ASPEN
STREET, C1T_ OF ASPEN. P1TKrN COTTINTI-', C€3L OR_4DO.
Par•cef TD: 2735-131-01-001
WHEREAS, the Community Development Department received an application for the
Lift One Lodge Aspen Subdivision and Planned Unit Development (the application) -'orn Lift
One Lodge Aspen. TLC (Applicant), represented by Sunny -Vann of Vann. Associates, LLC for the
following land use review approvals:
o Planned Development - Detailed Review Amendment, pursuant to Ladd Use Code Chapter
6.445 _
Growth iblanagement Review - Cominercial Development, pursuant to Land Use Code
Chapter 26.470.
o Growth Management Revie«v - alfordabl_e Housirg, pursuant to Land Use Code Craptor
20.470.
Commercial Desi` 1 Review - Amendment pursuant to Land Use Code Section 26.412,
and,
Conditional Use - Amendment of Development Order - Other :amendment, pursuant to
Land Use Code Chapter 2.6.425: and,
I' r ' RFAS, the subject property is zoned Lodge (L) with z Planned Development (PD )
Overlay; and,
WHEREAS, all code citation references are to the -i y of Aspen Land Use Code im effect
on the day of initial application - +�iovembel 26, 2006, as applicable to this Project: and,
14-M RE,AS, pursuant to Section 26.470.0 0.C.7, Vfordable .Notisirg, of the Land Use -
Code. a reconiniendation from the aspen;pitkin County Housing _'Authority is required and a
recolumendation for ap . royal b the h r ,
P y oar_ was r rovided at their February i 7, ?0 i 6, re.gular
meetin`Q: ynd, -
y'MEREAS, said referral agencies and the _f\spen Comn-unity Development DeD art ent te;riex ed e proposed application and -ecornmended approval :�ritl conditions; arid,
` ERE AS, pursuant to Chapter 26.44- o< the Land Use Code, Planned Development -
Detailed Review- approval r Ia;- be gral_te�i vv the Plliuiin�._ and Zonln(I Commission at a duly
noticed pilbliC hearing after coilslderinc rc;coininendations by the ColrllllitP�[}' c� ClOp21Z1:1?i
Director, and relevant, --referral ag-an6es., -6-,
'VIIIEREAS, pursuant to Chapter 26.470 of the Land Use Code, Glow- lIaiiagerrient
Commercial Development approval may be g7a;�ted by the Planning and %orii,a
Planning and r.onirg Commuis;ioL
F eso No. 2, Series 2016
Page I o;'
Commission at a duly noticed public hearing after considering recommendations by the
Community Development Director. and relevant referral agencies. and,
AWEi EAS, pursuant to Chapter 26.4.70 of the Land Use Code; Growth Management
,eviesv — Affordable Housing approval may be granted by the Planning and Zoning C om_ntission
at a du -v noticed public hearing after considering recommendations by the Community
Developtnertt Dixeuiar. and relevant referral agencies: and,
WHEREAS, pursuant to Chapter 26.412 of the Land Use Code, an Amendment to a
Commercial Design approval may be granted by the Planning and Zoningm Comission at a duly
noticed public hearing aft, er considering recommendations by the Community Development
Di ector, and relevant referral agencies; and.,
WHEIR-EAS, pursuant to Chapter 26.425 of the Land Use Code. an Amendment of
Development Order - Other Amendment approval m_ay be granted by the Planning and Zoning
Commission at a duly noticed public hearing after considering recommendations by the
Communih, Development Director, and relevant referral agencies; and,
VIVHEREAS, pursuant to Chapter 26.304, Common Development Review Procedures, and
Section 26. 304.060.B.4, Mlodification of Review Procedures. all outer necessary land use review,
as identified herein, have been combined to be considered by the Planning and Zoning
Commission at a duly noticed public hearing after considering recommendations by the
Community Development Director, and relevarnt.refer al agencies; and, r
WHEREAS_ such combination of review procedureswas as done to ensure clarity of review,
was accomplished with all required public noticing provided as evidenced by an affidavit of public
noticing submitted to the record, and the public was provided a thorough and full review of the
proposed development; and,
'WHERF-AS, the Planning and Zoning Commission reviewed the Application at a duly
nodded public hearing on February 2. 2016, and continued to March 1, 2016 and March 15, 2016;
aad,
WHEHRE6,S, during a duly noticed public hearing on March 1 S, 2016, the Planning and
Zoning Commission approved Resolution 2, Series of 2016, by a six to zero (6-0 ) Vote approving
the Lift One Lodge _application and all necessary land use reviews, as identified hereiim with the
recommended conditions of approval listed hereinafter.
-XOAVj THEREFORE BE IT RESOLVED BY -Talff—E PLA.1NNP,4C AJND ZONE.G
C01KIWISSIXON OF Tom' CITY OF ASPEN, COLOR-�O THAT:
Section C • A ipatrovals
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, :.he
Planning asd Zoning Commission hereby approves the Lift One Lodge Subdivision/pUD —
Planned Development Amendment — Detailed Review approval, Growth Management —
Comr_nerciai Development approval, Growth Man i7ement — Ai�ordabi_e Housing approval,
Commercial Design. Review Amendment approval, and Conditional Use approval; subject to the
conditions of approval as listed herein. ` 1 conditions outlined in all previous approvals remainvalid
and ui effect c -cept as modified herein.
Planning and Zoning Commission
i eso No. 2, Series 2016
Page 2 of L
Section �: Aijproved Dimensions
l'iIL77_-I1ZlITZ L Gt iZ�
141,2268 sq $ n
(chances because of elxor)
s 1tLl=fillTTi rrGnVard Setback
! ;mast IV'ing: 1 ft
West Wing: 6 << �
i
( East Wing. Nor -di: 6 ft
i'Ainimum Side Yard Setback
East Wing South: 4 ft
West Wina?north: 5 ft
West Wing South: 4 R �
i�•Iininlum Rear and Setback
f' East ��riny: 1?.6i ft i
sWest Wing: 2 ft
Fer height Plan, ,neasuied from Inte-ipolated glade '
'Maxi t lel ghl
East Wing: 29.3 — 43.75 ft
West Winiz• 24.9 - 53 $
Total Floor Area
1.95:1, 76,123 sq P_
Lodge Floor Area
L16:1, 45,118 sq ft
Commercial Floor Area
0.13:1. 5 220sq it 1
Noll -Unit Space Floor .Asrea
0.33:1. 12,634 so ft
Free-It_Tarkot Residential F1_oo. Area i
1 i°fo of lodge FAR (0.33:1), 13,101 sq fr �
�' Qeai Perkin; 1
163 spares
E ocge Parking �
66 spaces
Conitnercial Parking
24 spaces
Free-1'vIarket Residential Parking
5 spaces
Affordable Housing Parking j
$spaces
''tabIic Pariinc
50 spaces
Private Lodge Members Parking
Oilier (Neighbors) ! 10 maces
Section 3: Growth Management Allotments
T111-e following grovedi _-management allotments are granted to the Lift One Lodge Subdivision-43rD:
a. Commercial I'Tet Leasable - 18,413 sq ft generating 55.54 FI'Es
Final net leasable square footage and associated FTE gencratioZ shall be verified by the zoning
office: a-nd FTE mitigation requirements adjusted, as may be requiaed, ;luring building perrni
review.
SeCIEOII �S: A fford3Lle usIn
The applicant has committed to providing 100% mitigation for the FTEs generated by this
amendment. Ti,e 55.84 FTEs generated by this amen dnient lay be satisfied tlzi ouch the provision
of Ol -site units, housing credits, or fez -in -lieu (only for a fraction of an F1 E`. The provision of
It -nil-lieu t7r ITlOre than ?fraction! of an FTE shall be subject to an additional review and approval
by Ci47 Coun:ail. The :mitigation method shall be represented at he tune of bui dir►g permit-,
submittal for the lodge building. 11y OII-site units shall be reviewed and approved by APCHA
Pluming and Zoning Commission
y Reso No.;, Series 2016
Page 3 of 4
(and receive any required land use revie-vvs) prior to issuance of the building permit for the lodge
building. AJI FTEs generated by the original approval_ remain subject to the terms and conditions
outlined in Ordinance 28, Series 2011.
Section 5- Planned Development — Detail Revieiv
The materials and architecture as represented at the March 15, 2016 Planning a -Lid 'Zoning
Commission meeting, and attached as Etihibit A, are approved. Minor changes to the interior floor
plans, shoxim in Exhibit P., shall be permitted during the building permit process «ithout additional
reti-ie�j .
Section 6, Subdiivision%PD Plat and Agre--ment
The Applicant shall amend the Subdivision-/PD agreement (hereinafter "_agreement") that meets
the requirements of the Land Use Code within 180 days of this approval. The recordation
documents shall be submitted in accordance with the requirements of Section 26.490 4u,proval
Dvcurnents of the Lard Use Code.
Section 7:
411 material representations and cony, kments m?de by the Applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented
before the Community Development Department, or the Plammn7 and Zoning Commission are
hereby- incorporated in such plan development approvals and the same shall be complied with as
r-Lill!r set forth herein, unless amended by other specific conditions or an authorized authoril"'.
Section 8•
!-his Resolution shall not aitect any existing litigation and shall not operate as an abatement of any
action or proeeedins_ now pending under or by virtue of the ordilna-rces repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 9:
If any section, subsection. sentence_ clause, phrase. or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competentivarisdiction, such portion shall be deemed
a separate, distinct and independent provision and shall not affect the validity of 'the remaining
portions thereof.
tI INALL. Y, adopted, passed and approved this 15th day of 1l7_,reb, 2016.
Approved as toform: :approve# as to cnntco:t:
%ter -
Deborah Quinn, Assistant Citz,, Attor rev Keith €� Ade, Chair
��ttest: V
�-inCiY 1-kJob, Records Manager
_attachments: Exhibit A: Approved Plans
P -lannine and Zoning Comsris for
Reso No. 2. Series 2016
Page 4 o_'d
DEVELOPMENT ORDER
of the
City of Aspen
Cominimity Development Department
This Development Order, hereinafter "Order' -,is hereby issued pursuant to Section 26.304.070.
"Development Orders", and Section 26308.010, "Vested Property Rights", of the City of Aspen Municipal
Code. This Order allows development of an amended site specific development plan pursuant to the
Provisions of the land use approvals, described herein. The effective date of this Order shall also be the
initiation date ofa three-year vested propeityriglit. This development order does notrepresent an extension
of existing vested rights. The project remains vested through November 28, 20I 8, pursuant to City Council
Resolution No. 41, Series 2015, unless a building permit application submittal is accepted and deemed
complete by the Chief Building Official, pursuant to Section 26.3 04.090, or unless an exemption, extension,
reinstatement, or a revocation is issued by City Council pursuantto Section 26.308.010. After Expiration
of vested property rights, this Order shall remain in full force and effect, excluding any growth management
atlotinents granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use
Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific development plan
as described below.
Lift One Lodge Aspen LLC 605 W. Main St Suite 2 Aspen CO 81611
Property OtivnerYMarne, IldailingAddress
Lot i of Lift One Lod -Re Subdiyision/PUD commonly known as 720 S. Aspen St City of Aspen
Prttun Cormty Colorado
Legal Description and StreetAddress of Subject Property
The amendments allowed the previously approved Lift One Lodge to convert associated lodge
space into cominercial space and amend previously approved architecture and materials
YiJi rtten Description of the Site Speck Plan and/or . Itachnzent Describing Plan
Planned Development Proiect Review Amendment Growth Management Reviews Commercial
Design Amendment and Conditional Use — Amendment of Development Order; relating to
Municipal Code Chapters: 26 445 26.470, 26.412. and 26 425• Planning and Zoning Resolution
No. 2. Series 2016.
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
April 29.2016
Effective Date of DelelOpinent Oi der (Same as date of publicailon of notice of approval.)
November 28.2018
Expiration Date of Development Order, Pursuant to Citv Council Resolution No. 41, Series 2015 (T{re
extension, reinstatement, exemption from expiration and revocation may be pursued in accordance
with Section 26.308.010 of the City ofAapen Municipal Code.)
Issued this 21s' day of April, 201,81, by the City of Aspen Deputy Community Development
Director.
'erinifer P eM Dej�uty Community Development Director
E
XHIBR
7
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT
FOR
LIFT ONE LODGE SUBDIVISION/PUD
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT FOR LIFT ONE
LODGE SUBDIVISION/PUD (this "Amendment") is made as of the _ day of
, 2016, by and between the CITY OF ASPEN, COLORADO, a Colorado
homerule municipal corporation (the "City"), and LIFT ONE LODGE ASPEN LLC, a Delaware
limited liability company ("Owner").
Recitals
A. Owner (as the successor -in -interest to Roaring Fork Mountain Lodge — Aspen,
LLC) and the City are parties to that certain Development Agreement for Lift One Lodge
Subdivision/PUD dated as of March 4, 2013 and recorded in the real property records of Pitkin
County, Colorado (the "Records") on March 5, 2013 at Reception No. 597439 (the "Original
Development Agreement").
B. The Original Development Agreement concerns the development of a lodge
project (the "Project") originally approved by the City Council of the City as evidenced by
Ordinance 28, Series of 2011, recorded in the Records on January 10, 2012 at Reception No.
585785, a Development Order issued by the City's Community Development Director on
November 28, 2011, and recorded in the Records on January 18, 2012 at Reception No. 585963,
as amended by the Amended Development Order dated August 20, 2012 and recorded in the
Records on August 21, 2012 at Reception No. 591520 (collectively, the "Original Approvals").
C. Pursuant to the Original Approvals, the final planned unit development plans for
the Project were recorded in the Records on March 5, 2013 in Plat Book 102 at Page 4, at
Reception No. 597441 (the "Original PUD Plans").
D. Owner applied for and the City, acting through its Planning and Zoning
Commission, has approved a minor amendment to the Original Approvals and the Original PUD
Plans as more particularly described in Planning and Zoning Commission Resolution No. 2,
Series of 2016, adopted on March 15, 2016 and recorded in the Records on April 21, 2016 at
Reception No. 628735 (the "Amendment Resolution"), and the Development Order issued on
April 21, 2016 and recorded in the Records on , 2016 (the "New Development
Order").
E. The parties desire to enter into this Amendment as required pursuant to Section 6
of the Amendment Resolution to modify certain terms of the Development Agreement and
incorporate certain terms of the Amendment Resolution.
Agreement
NOW, THEREFORE, the City and the Owner hereby agree as follows:
1. Incorporation of Recitals, Ratification. The Recitals given above are incorporated
into this Amendment and the factual assertions in such Recitals are confirmed as being true and
accurate.
2. Incorporation of New Approvals. The provisions of the Amendment Resolution
and the New Development Order are incorporated into this Amendment by this reference, and
Section 2.3 of the Original Development Agreement is hereby amended to incorporate the
Amendment Resolution and the New Development Order. To the extent of any conflict between
the terms of the Original Approvals, on the one hand, and the Amendment Resolution and the
New Development Order, on the other hand, the provisions of the Amendment Resolution and
the New Development Order shall control.
3. Amendment of Original PUD Plans. Pursuant to the Amendment Resolution and
the New Development Order, Owner and the City have recorded in the Records with this
Amendment amended planned unit development plans for the Project to incorporate the design
revisions approved by the Amendment Resolution (the "Amended PUD Plans"). The Amended
PUD Plans are recorded in the Records in Plat Book at Page and by this reference
Section 3.2 of the Original Development Agreement is amended to also incorporate and refer to
the Amended PUD Plans. The Amended PUD Plans amend the Original PUD Plans with respect
to the Project elements depicted in the Amended PUD Plans. To the extent of any conflict
between the Original PUD Plans and the Amended PUD Plans, the Amended PUD Plans shall
govern and control.
4. Affordable Housing. Sections 3 and 4 of the Amendment Resolution are
incorporated into this Amendment by this reference, and Article V of the Original Development
Agreement is hereby amended to incorporate the terms of conditions of Sections 3 and 4 of the
Amendment Resolution.
5. Effect. The terms of this Amendment shall govern over any conflicting terms
contained in the Development Agreement or the Original Approvals. Except as expressly
provided in this Amendment, the Development Agreement and the Original Approvals have not
been amended and remain in full force and effect.
6. Recording. This Amendment shall be recorded in the Records.
WHEREAS, this Amendment is has been executed and consented to as of the date first
above written.
[Balance of Page Intentionally Left Blank
Signatures Appear on Following Pages.]
,fittest:
Linda Manning, City Clerk
APPROVED AS TO FORM:
.James R. True, City Attorney
City:
City of Aspen, Colorado, a Colorado homerule
municipal corporation
Steven Skadron, Mayor
[remainder of page intentionally blank]
Owner:
LIFT ONE LODGE ASPEN LLC, a Delaware
limited liability company
By:_
Name:
Title:
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before
, 2016, by as
of Lift One Lodge Aspen LLC, a Delaware limited liability company.
Witness my hand and official seal.
My commission expires:
Notary Public
me this day of
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