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Home My WebLink AboutLand Use Case.501 E Dean St.0052.2008.ASLU101 E. DEAN ST. 0052.2008.ASLU RES. AT LITTLE NELL 2737 182 93 6034 ~Â»2*Â«-po S 0(17~UFb 9/CT p U 7 6 r.,1.4 I Â» THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0052.2008.ASLU PARCEL ID NUMBER 2737 182 93 6034 PROJECTS ADDRESS 501 E. DEAN STREET PLANNER ERRIN EVANS CASE DESCRIPTION INST.PUDAMEND REPRESENTATIVE SUNNY VANN DATE OF FINAL ACTION 5.29.09 CLOSED BY Angela Scorey on 07/23/2009 .. DEVE.1.OPMENT ORDER 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 a 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 (3) -year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless the change is accomplished or a building permit is approved pursuant to Section 26.304.075, 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. Property Owner's Name, Mailing Address and telephone number: Residences at Little Nell, 501 E Durant Avenue, Aspen, CO represented by Sunny Vann, Vann Associates LLC, 230 East Hopkins Avenue, Aspen CO 8161, 925-6958 Legal Description and Street Address of Subiect Property: Lot 1, The Residences at Little Nell Subdivision. City of Aspen, Pitkin County, Colorado, Residences at Little Nell Planned Unit Development (PUD), commonly known as 501 East Durant Ave, City and lownsite of Aspen, Pitkin County, Colorado Written Description of the Site Specific Plan and/or Attachment Describing Plan: An Insubstantial Amendment to The Residences at Little Nell Planned Unit Development (PUD), commonly known as 501 East Durant Ave, to allow for the approval of a Master Sign Plan. Land Use Approval Received and Dates: Administrative approval granted May 29,2009. Effective Date of Development Order: June 7,2009. (Same as date of publication of notice of approval.) Expiration Date of Development Order: June 7, 2012. (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.) th Issued this 29 day of May 2009, by the City of Aspen Community Development Director. JUL Chris Bendon Community Development Director City of Aspen .. NOTICE OF APPROVAL For An Insubstantial Amendment to the Residences at Nell Planned Unit Development (PUD), Lot 1, The Residences at Little Nell Subdivision/PUD, City of Aspen Townsite, Pitkin County, Colorado, commonly known as 501 East Dean Street Ordinance No. 30, Series of 2004 Parcel ID No. 2737-182-93-6034 through 2737-182-93-6069 APPLICANT: 1- he Residences at Little Nell, LLC REPRESENTATIVE: Sunny Vann, Vann Associates, LLC SUBJECT OF AMENDMENT: the Residences at Nell Subdivision, Planned Unit Development (PUD), Lotl. The Residences at Little Nell Subdivision/PUD, City of Aspen Townsite, Pitkin County, Colorado. commonly known as 501 East Dean Street. Ordinance No. 30, Series of 2004 SUMMARY: On behalf of the Residences at Little Nell, I.I.C, Sunny Vann of Vann Associates, LLC has applied for an Insubstantial Amendment to the approved Residences at Little Nell Subdivision/Planned Unit Development (Ordinance No. 30, Series of 2004) to approve a Master Sign Plan. REVIEW PROCEDURE: rhe Community Development Department may approve. approve with conditions, or deny an insubstantial amendment to an approved Pt.JI) pursuant to I.and Use Code Section 26.445.100. Planned Unit Development (PUD). STAFF EVALUATION: In order to amend a specific provision of the ordinance that approved the PUD originally, a PUD Amendment must be approved. Staff has reviewed the proposed amendment and finds that the proposed amendment meets the criteria for an insubstantial amendment pursuant to Section 26.445.100, Amendment of a PUD Developmenl Order and Section 26.510, Signs of the City of Aspen Land Use Code. Staff recommends approval of the proposed Master Sign Plan. DECISION: The Community Development Director finds the Insubstantial Planned Unit Development Amendment to be consistent with the review criteria (Exhibit C) and thereby, APPROVES the amendment as specified below. 1 .. The approved amendment to the Residences at Little Nell Subdivision/PUD, allows for a Master Sign Plan as shown in attachment B. APPROVED BY: (Â»E /647 Â£59 2Â»7 Chris Bendon Date Community Development Director Attachments: Exhibit A - Master Sign Plan from Applicant Exhibit B - Review Criteria/Checklist 2 IXHial-1- A ... STO\ DESIGn ~, 0 SM 'Giving shape to ideas'. RESIDENCES AT THE LITTLE NELL ~ Proposed Master Sign Plan v3 EXTERIOR SIGNAGE o May 20,2009 V Yareen Design Studio ne 434 Turner Drive DulÂ·ungo, Colorado 81303 USA v 970.247.4467 f 970.385.4005 .ds@SignsA,Art com ... V ... Exterior Signage Matrix Aggergate square footage by elevation / 1 8*.h.1,1.Â·:dukdS MSP SUBMITTAL taileÂ®mme/NMEL NORTH ELEVATION R~ -1~ EAST ELEVATIOKI--1~ 40â‚¬ I r.=~ i'Â«see,i De.ign Nfudio m 434 Turner Drive * 10 Square Feet Duringo, t'olorado SL.../ C.%' 1 Storefront cdW fnintwr net * 0.75 square Feet 1.25 square Feet 14.25 sf * 4.2 square Feet Elevation r 970.24-.4467 * 1.5 Square Feet A f 970.385.mni 40 1.5 Square Feet , 1.25 Square Feet Residences at the Little Nell. PUD)VIV - 501 South Dean Stieet * 4 sf Menu Box (exempt) A,peri, Colorado ** 10 Square Feet 6.2 SF 4 Square Feet (exempo Comprehensive Exterior Storefront /66\ Master Sign Plan 1.25 Square Feet 15 sf - - Elevation * 2.5 square Feet * 6.9 square Feet .INg lil' *) 1.25 Square Feet rip , B *Â¥7 0.9 Square Feet Storefront c * 6.5 square Feet 9 sf 13.8 SF Elevation Â® 2.5 square Feet - v3 20 May 2009 20 SF Total Storefront Elevation D * 6.5 Square Feet 9 sf _ ~ SYMBOL LEGEND ~ 49 2.5 Square Feet -SIGN NUMBER ~ WEST ELEVATION ~~ Storefront * 6.5 square Feet 9 sf 1 -SIGN TYPE Elevation E /Q\ 2.5 square Feet AW WM = WALL MOUNT * 10 Square Feet FS = FREE STANDING AW = AWNING Storefront A WL = WINDOW LETTERING Storefront F Elevation KE J Square Feet MB = MENU 8OX Elevation * 10 Square Feet 10 sf NTS 66.25 SF Total 13 SF Total Page 1 of 6 Â©2009 EXTERIOR SIGNAGE - North Elevation, Project ID Proposed Sign Size: 01,1 cÂ·Â· / 0. ing st'.1.Â·.lk.' 60" x 24" = 10 SF IVISP SUBMITTAL Cut out logo shapes ~ Yaween Design Sti,dio in individuallytextured and 434 Turner Drive patinaed / placed behind Durango. Colorado - rr~-1 _ ~____ | [-1-~L ~ ~~ background panneli 8!303 USA vdiletrinfia ne, v 970.247.4467 1 11 fâ€¢Â·, Brushed 1 470.3*:.4005 1 1 .al 1 1~ Aluminum Re,;Idences at the Little Nell PUD vi=- 1 ' 501 South Dean Street - 1 1 Aspen, Colorado 111 lit Primary Identification Sign ' North Elevation I~144*AdeMu401mi~* T Rrv,9.1/C li - illill I 60" 111 III '3 20 May 2009 1,1 11-1-- Uum*wwl]111 11114 Master Sign Plan i 1-his proposed 534 RESIDENCES has been prepared AT THE LITTLE NELL for commiinicating signage types. placement and applicable - 144" square footages. Not for constructic)n. NTS 124" Page 3 of 6 Â©2009 ... ( ~ 1 11 li 1/!!81 Frontage @ Property Line: 214'-4" EXTERIOR SIGNAGE LOCATIONS - North Elevation Total aggregate square footage requested: 66.25 sf. Divided onto 6 seperate & distinct ~~~ 11/. t~ ,~ iJ'if. t% IVISP storefront elevations. [ A through F ] SUBMITTAL A B I C I D I . E I F.-9-OL LEGEND 1 F ' /--SIGN NUMBER )'a.UNÂ·n De.wign Studio m | | | ~ -SIGNTYPE 134 Turner Drive 1 ---------- ------ ---- - --1------[ 1 ~ D.,Â·Ingo, ColoiÂ·.do S/.10.f iIi 1 E------- J#N.Im'. 1 -Ef---- 1 1 1 7- 1 1 - 1 970.247.4467 f 970.385.40(15 F 1 Ft ILL Fq Ij~ IFIrm ~ a~ MA 1.11 111 =-4 Residences at the Little Nell, PUD Vl~ F,11111111111111111111-lilli , 11111111111111,111111111 \1 501 South Dean Street Aspen, Colorado 0 0 - 1=L, 11 1411.11 1 0 0 r Comprehensive Exterior Master Sign Plan ~ - GÂ»f- 'PlriI . 0--i ll '_i -0-.A Writ l 14 1,1 47-Imlf 171110 8 -Ulu]531=Â© /0.1,/1,1 El I'lu ~~:~--*:--~-:-,i~,~, 9441 Ik ---I-jitiH- 1 R~. ' mA"'mvmqm "11131NzkUUÂ©~ i 1 i - 1 1 1 ...- :dia#- 1,1= - IiI ...21 1 -EFFIX, IN 1 . F f E 3%%% 1* I le Ne.Â·TEN< I I. 1 â‚¬-I lia WWMEL 4 & -- IN:.... Â· .. 1 â€¢irm â€¢1.1:691 I %*18 3'--3-0---- ' H 1 lilli 1-1 L 7---- 1 Mikki~*fft====t~glggi----1=1=44 i v) 20 May 2009 1 1 i i 1 7% * 1 WL ~ | * | 1 This pioposed /l -. [r=7 x nL_=ldn=r-nL_]__Irrr-r,w 1 -- Master Stim Plan 1 for commumcating ~ has been prepared Illa O Im~ -- - signage t>pes. placement and applicable square tootages. NORTH ELEVATION N Not fur cons truction. 1 * 1* * 1 *1 * 121 NTS 1 1 1 1 1 1 1 1 1 1 1 Page 2 of 6 Â©2009 ... 0 0 55.69' BULDXNG ACCESS ENCROACHMENT iNTO DEAN j- A VENUE RIGHT OF-WAY PER N'33(-491. / ENCROACHMENT , MINg 15.69' / RECORDED AS RECEP P. 06 0'3121'15* 4 1 21 ., 1 PARCEL 1 1.N 2.7Â»OPÂ· t / 290 5<}.4, 4/ 13.56Â· ..J* 0.007 acres 8 4 == 4 8 /,/9 -?30.00. C ~ ' to. 48' I. / I. 1.4 f: 3% /Â¥ 0> 0 / 4 *91644' ~ or-4' 4 Kl Z ib 1111 (171 .E#v , 10 11/7 of A3frJ ;RAD- 3 : 1 m 4 - y 2 K 144 0 - 20 0% 1 '0 1 i .1 : PARCEL 2 : 5;10 sq. ft. 1 , r. 01 4 scies , *f ~i f -i \ ~4~'t i / CORNER 9. ASPEN TOWNS, TE FND CAP .'N B,i?:CK DA vER LS #20Â·51 2 5 97,2-V ENCROACHMENT -4- - -- - ~f ~ /- 6%'rO DEAN A'VE.NUE R/GH T-oF-WAy PEN ' i / ENCROACP,ME.N ' t.~CENSE RECORDE,7 AS 22.63 5.84' "5 / 1 RECEPTON # --SE.t-*1,6 4 914*50'49"lif~ 26.47' 0 /4 J m a 4/4 /: 1 24 1/ / *2 3./1 vt Nl 4'50'49-E 25.69 - . 72 7 FASEME-4 - DED;CA -22 24 5-'E 7}Rs" A'.fRD.-,0 Pi A 7 3: .'Tr-E NEL. 3080Â· 'AS'ON 09Â£'99 At.U,60.92 , 2..92 1 .l i #* 9%%82,/,151 PLAT RK 3*P AOIÂ·,60&4NX. BLOCK 97 ,09,2 -Aâ€žiÂ·,AiRZÂ« ... Im!*2 East Elevation at Gondola Plaza Frontage @ Property Line: 394'- 6, 1-/,7 'E=*0 09) m Cfy 84 511."21. 11' t.k ." Total aggregate square footage: 20 sf .'SP SUBMITTAL | ~MBOL LEGEND 1~ A B -SIGN NUMBER 3'aseen Design St:,dio n, IlL ' 1 AIX 434 Turner Drire tmi,Â·1.--SIGN TYPE 1 \my D...., C.lor.do - ikAi -,KMFI-,1 I ' U.*,3 611 11 01' 1 _-1-' 17--1-r-Â· r 1--- , 470.24-.416- d sm frpillier 24 Â¢ 5.' *' 'p - 0-* Tenant Signage r 970.385.44}05 = Awning Gfaphk Residences at the Little Nell. PUD Tenant Signage Future Tenant Signage 501 South Dean Street -t-=LP , al:&:p 77" lit Ax Aspen, Colorado Comprehensive Exterlor -Eld 168 ms#1&2 Master Sign Plan IE:1 26 *NA' A 26" X 77"= 13.90 sf or 6 96 sf asa'Cut-out' Sign (~) ~ RESTRIANT ENTRY ~ v3 20 May 2009 PEt Sign Measurement; 5 fl afea is the AreA of the sm,ilile,t geornetrâ‚¬ f,gure that encompa:ses the la<â€žg o~ a sign cludIng copy. L /-j \ inggr,IA, b.,â‚¬kgy-d andL- w- lette, $9ts J~ considefed W~ 19,$ -1 #leâ€¢. JIgg.egate are8 ;h,Il be cred,led loward alowablr s, area . one hall (1/2) the rheatured afea. Where a i % two or more tacei. thp area of I face, w* be included In deterrnrag the ,e~, I his proposed except whe.e * two fiet .we *ed back to back -7,8 at no po.1 more than two feet from one ano~he, No " te,ing on ar, 31,1, 2'*72'g U'WCh;alc~*,rt:.rtt:22fw:.:5* = ,7,14;2: rot,;:(eed eâ€¢ghteeâ€ž â€žche, . he* Master Sign Plan has been prepared for communicating RESTAURANT al 9 ah, 2%71 signage t>pcs. placement and applicable DJ,)orP illtiore fic,tages. --1 <*h Not for 4111 111)1 construction. 1 13 NTS Page 5 of 6 Â©2009 ... Frontage @ Property Line: 245'-3" EXTERIOR SIGNAGE LOCATIONS - West Elevation Total aggregate square footage i (~~ckT,t; 1 01",1,1 allowed forthis Elevation: 20 s,f, 4 9 - ' g ./ c:.lung,Ii.,1â€¢ 1,~1,kn 13 sf Requested I.SP ' SYMBOL LEGEND ' 4, SUBMITTAL F SIGN NUMBER ~ 1 1 1 11 A \ 1111[11111111111111111111.1111 Yabeci De,ign Studio m 434 TurnetÂ· DrÂ·ive % --- 1 - STONE J04 G}.40 ~~1 7 - 7 Â·.1 6 ,-ds,i hunlie, net I),irango, Colorado Iii SLOPE<- . 1 1 1 1 C S/303 /7.W Ilâ€¢L 'F~14 0 . 970.247.4467 f 970.385.4005 - 55 bi imummudm] 13779 11 0 1.Ut--tr-LLÂ»-1- -11 91+39Â«01_ U 1 Residences at the Little Nell, PUD -F 501 South Dean 5treet 1 1 Aspen. Colorado OPEN TO _ ~ | PORTE COCHERE -p-- -32 ' 21 OPEN - OPEN T Comprehensive Exterior 7-77 _ RAMP/LOADING ' Master Sign Plan DOCK --- 4 4 - . D.Â·- '. I -- 1Rk.W 'il.}F Â· --- -- ,Â·11,2N~ --- - ADDITIONAL ELEVATION NOT SHOWN .=111111 77-1 1 0 1 1 1 11 Â¥3 20 May 2009 # 1,1 Nor Â«M 60" mm -- .6 : * -*1 1 ~ 432 ,\-1 --1~ 1 .1 - ~ 1.1iis i,ic,posed ~ PLAN VIEW .b Master Sign Plan dn 11 has been prepared PORTE COCHERE ALCOVE RESIDENCES I. Al THE lITTL~ Nm 2 fur comnitinicating 0 N signage types, 24Â·' placement and applicable , square lootages Not for . ~ F construction. 1 BUILDING FACADE - PLAN VIEW NTS -8 Lf _ _ n FLCE.1 i. -i 1,- 311 Page 4 of 6 Â©2009 ... ~*\*NÂ»xÂ«NÂ«*Â»Â»Na ..~ 0,i ..n.4 2.N ir' dl The Residences at the Little Nell :: Master Sign Plan -SP SUBMITTAL SPECIAL PROVISIONS -- Â¥-aseen Dejigâ€¢ Studio n, 4.4 Turner Drive Diringu, Coin-udo 81303 FS.1 vils@lmiuierrier 1. Under no circumstances shall a sign regulated by the Aspen Municipal Sign Code be installed without an approved sign permit i' 910.24-1467 issued by the City of Aspen, Office of Community Development, Code Enforcement Officer. All signage shall comply with the f 970385.4005 Aspen Municipal Sign Code and the approved Master Sign Plan for The Residences at The Little Nell. Residences at the Little Nell. PUD 501 South Dean Street 2. All sign permit applications must accompany written approval from the property owner. Aspen. Colorado 3. Wall mounted signage shall only be installed within the sign frames specified bythe owner. Signage must be approved bythe Comprehensive Exterior Master Sign Plan City of Aspen, Office of Community Development. Square footage must be consistant with this Master Sign Plan. ORIGINA,ISSUF 4. Architectural slab-stone shall not be drilled or altered for the purposes of any signage installation beyond the owner specified .vt// frames. Signage may be installed only at the locations designated by this Master Sign Plan. 5. Should any business establishment ortenant annex an adjacent unit and/or expand their place of business, v3 20 May 2009 the signage designated to that additional retail space would automaticallytransfer to the business acquiring additional space. This proposed 6. All signage on the premises must be maintained to appear clean and neat. Signs must not become dilapidated in any way. Master Sign Plan has been prepared for c#,minunicating 7. The use of Fluorescent or Day-glow colors and/or intense primary colored backgrounds shall not be permitted. signage types. Signage must not include the appearance of changing color, luminescent colors and / orthe garish use of color. placement and Colors shall be used in a harmonious fashion. applicable square lootages. 8. Only signage of a high qualityappearance & construction shall be installed on these premisis. No 'homemade' signs shall Not for be displayed. Molded plastic letters and generic looking signage may not be installed. Three dimensional signs are encouraged Ccilistructi on but not manditory. NTS Page 6 of 6 Â©2009 *.. .. EXHIBIT B Insubstantial PUD Amendment Checklist 26.445.100 Review Criteria All insubstantial PUD Amendments shall meet the following criteria, pursuant to Section 26.445.100, Amendment to PUD Development Order: 61 The proposed amendment does not change the use or character of the development. O The proposed amendment does not increase by greater than three (3) percent the overall coverage of structures on the land. O The proposed amendment does not substantially increases trip generation rates of the proposed development, or the demand for public facilities. The proposed amendment does not decrease the approved open space by greater than three (3) percent. The proposed amendment does not reduce the off street parking and loading space by greater than one (1) percent. The proposed amendment does not reduce required pavement widths or rights-of- way for streets and easements. O The proposed amendment does not increase the approved gross leasable floor area of commercial building by greater than two (2) percent. The proposed amendment does not increase the approved residential density o f the development by greater than one ( 1) percent. The proposed amendment will not enact a change which is inconsistent with a condition or representation of the project' s original approval or which requires granting a variation from the project' s approved use or dimensional requirements. 2-7 *37 07: 3:29 Dc) 9 305-2 -20(Â·fa . AS L Â£ 1 .. E< PE?flu 1 25- Elle Edit Record Navigate Fgrm Reports Format Iab Help i @ 42) ' e _~ 41 49 -9 a - 1,1 4 , ,JO El d * giG ~.2 21 -a~ BM â€¢ J .1 .Sla J 916-2 ]14Ii] Valuation ~ Custom Fields | actions | Feet : Parcels |Fee Summarx | Sub Bermits | Attachments | Routing Status Routing tlistory Permit Type laslu _|Aspen Land Use Permit # |0052.2008,ASLU Address |302 E HOPKINS AVE - L] Apt/Suite | City fASPEN State ICO -2,.| Zip |81611 Â£.J i Permit Information Master Permit ~ =2| Routing Queue |ask.107 Applied *30/2008 -~ ' Project | _| Status pending Approved | _] Description ~ THE RE5IDENCES A LITTLE NELL SUBDIVISION/PUD INSUBSTANTIAL PUD Issued ~ AMENDMENT AND SIGN PERMIT J i Final ~ 1 03#1 1 Submitted |VANN ASSOCIATES, LLC 925-6958 Clock fRunning Days E-6- Expires |10/25/2009 _| I Â· '1 Owner , ~ Last Name |302 E HOPKINS LLC -~ First Name ~ PO BOX 364225 A5PEN CO 81611 Phone ~ P Owner Is Applicant? Applicant Last Name 302 E HOPKINS LLC ~ First Name ~ PO BOX 364225 A5PEN CO 81611 Phone ~ Cust # ~28438 4- Lender Â£2>N Last Name ~ ~ First Name ~ Phone ~ AspenGold[b) ~ Record: 1 of 1 C 16 + 2 0 1 q 0 2.- ilto.L~ V Â·* '14- t, 6 4, 0 l<1 4, nobli UM 4 1 3 j~ 86 "4 I sdno,El qell :*>D,;' 4Â· VANN ASSOCIATES, LLC Planning Consultants May 6, 2009 HAND DELIVERED Ms. Errin Evans Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: The Residences at Little Nell Subdivision/PUD Insubstantial PUD Amendment and Sign Permit Application Dear Errin: Please consider this letter an application for an insubstantial PUD amendment and a sign permit for The Residences at Little Nell Subdivision/PUD. As the attached Pre- Application Conference Summary indicates (see Exhibit 1), the Applicant wishes to memorialize a Master Sign Plan for the project and to obtain the required sign permit therefore. The application is submitted pursuant to Sections 26.445.100.A., 26.510.030 and 26.510.130.D. of the Aspen Land Use Regulations (the "Regulations") by The Residences at Little Nell Development, LLC (hereinafter "Applicant"), the owner of the property (see Exhibit, letter from Brooke A. Peterson). Permission for Vann Associates, LLC, Planning Consultants, to represent the Applicant is attached as Exhibit 3. A land use application form and an application fee agreement are attached as Exhibits 4 and 5, respectively. Background In October of 2004, the City Council adopted Ordinance No. 30, Series of 2004, which granted final PUD development plan approval for the development of The Residences at Little Nell. The Residences at Little Nell project is a mixed use, timeshare lodge which, as originally approved, consisted of 24 fractional ownership units; 2 free market residential units; 8 lodge units; 8 affordable housing units; 8,900 square feet of net leasable commercial area; and a subgrade parking garage. Ordinance No. 30 also granted: (i) subdivision approval to subdivide a portion of the adjacent Aspen Skiing Company property, eliminate the existing internal lot lines 230 East Hopkins Ave. Â· Aspen, Colorado 81611 Â· 970/925-6958 Â· Fax 970/920-9310 .. Ms. Errin Evans May 6, 2009 Page 2 within the project site, and replat the remainder of the adjacent Tipple Woods Subdivision; (ii) rezoned a portion of the project site to CL, Commercial Lodge, PUD; (iii) granted approval to condominiumize the project and to sell its fractional ownership units pursuant to a timeshare use plan; (iv) exempted from growth manage- ment the conversion of existing residential reconstruction credits to lodge units, the reconstruction of demolished commercial square footage, and the project's on-site affordable housing units; and (v) approved an amendment to the Little Nell Specially Planned Area plan. The final plat for the project is recorded in Plat Book 73 at Page 21 in the office of the Pitkin County Clerk and Recorder. The project's final PUD development plan and various associated plans and elevations are recorded as Reception No. 510209. The project's subdivision/PUD agreement is recorded as Reception No. 510210, a copy of which is attached hereto as Exhibit 6. Please note that the agreement incorporates all relevant provisions of Ordinance No. 30, and that the agreement specifically governs in the event of any inconsistencies between the two. In December of 2005, the Community Development Director approved an insubstan- tial PUD amendment to permit the project's two free market residential units to be converted to fractional ownership units as provided for in Ordinance No. 30 and Article III, paragraph 3.1(b) of the Agreement (see Exhibit 7). In January of 2008, the Applicant submitted updated documents governing the project' s condominium/ fractional ownership components (e.g., Declaration of Condominium, Fractional Ownership Reservation Policies and Procedures, etc.) to the Community Development Department as required pursuant to Section 26.590.090(B)(3)(a) of the Regulations. A second insubstantial PUD amendment was approved by the Community Develop- ment Director in September of 2008 to accommodate various revisions to the project' s architecture which resulted from more detailed design development and/or specific building code requirements (see Exhibit 8). An amendment to the project's prior Environmentally Sensitive Area (i.e., 8040 Greenline) approval was also granted in connection with this insubstantial PUD amendment approval. Proposed Amendment The Applicant wishes to establish a Master Sign Plan for The Residences at Little Nell project. The Community Development Department has determined that a PUD amendment is required as the project's original PUD approval did not address signage. As the accompanying Master Sign Plan drawings prepared by Yaseen Design Studio illustrates, the proposed signage for the project has been designed pursuant to the various provisions of Section 26.510.130.D. of the Regulations which regulates commercial signage. The Plan is based on the allowable aggregate allow- .. Ms. Errin Evans May 6, 2009 Page 3 able sign area for each street frontage which has been apportioned such that each use or tenant within the building is allocated an identified amount of permitted sign area. The applicable provisions of Section 26.519.130. D. may be summarized as follows. i) The aggregate sign area permitted along the lot frontage on any one street shall not exceed one (1) square foot for each three (3) feet of lot line frontage. ii) The allowable aggregate sign area may be apportioned among individu- al building uses or tenants provided that the aggregate sign area for any one use on any one frontage shall not exceed twenty (20) square feet. iii) No more than a combination of two of the following three types of signs: freestanding signs, projecting signs, or wall signs (including cut-out letter signs) are permitted. iv) There is no limit on the number of signs which may be placed in the windows of a business or on the number of awnings which may be lettered. The area of window signs and awning lettering, however, counts against the lot frontage's allowable aggregate sign area. v) The area of freestanding signs, projecting signs and wall signs is limited to 10 square feet, 6 square feet and 10 square feet, respectively. Pursuant to Section 26.520.050.B., the aggregate area of Cut-Out letter signs is deducted from allowable sign area at one-half (1/2) the measured area. The proposed signage for each of the project's three principal elevations, and its compliance with the above requirements, is described below. 1. East Elevation While the project's east elevation does not abut a public street, it faces vacated South Hunter Street and the Aspen Skiing Company's gondola plaza area, both of which essentially function as pedestrian streetscapes. The east elevation's frontage at the property line measures approximately 394 feet which allows an aggregate sign area of 131 square feet. As the proposed Master Sign Plan drawings illustrate, two storefronts are proposed at the north end of the east elevation. One cut-out wall sign containing 13.9 square feet of which one-half its measured area, or 6.95 square feet, counts against the east elevation's aggregate allowable sign area is proposed on Storefront A. Three square feet of window lettering, 1.25 square feet of awning lettering, and an exempt menu box are also proposed for Storefront A. With respect to Storefront B, two cut-out wall signs containing 6.95 square feet each are proposed. .. Ms. Errin Evans May 6, 2009 Page 4 The east elevation's proposed sign area totals 24.95 square feet which is substantially less than the maximum allowed. Similarly, less than 20 square feet of sign area is proposed for each use, and no more than two types of signs are proposed, excluding window and awning lettering. Finally, the cut-out wall signs contain less than 10 square feet and the exempt menu box complies with the four square foot limitation of Section 26.510.030.B.15. of the Regulations. 2. West Elevation The project's west elevation faces Galena Street. As the Master Sign Plan drawings illustrate, a 10 square foot wall sign and 3 square feet of window lettering are proposed on this elevation. The aggregate area of the west elevation' s signage totals 13 square feet which complies with the 20 square foot aggregate sign area limitation for any one use on any one street frontage. The proposed sign area is also substantially less than the maximum allowed based on the length of the property's western property line. 3. North Elevation The project's north elevation abuts Dean Avenue. A portion of the building is located within the adjacent right-of-way, an encroachment license for which was granted by the City in connection with the receipt of PUD approval (see Exhibit 9). The encroachment license area encumbers 2,665 square feet of Dean Avenue and is depicted on an attachment to the license and on Exhibit A of the Master Sign Plan drawings. The north elevation's street frontage measures approximately 214 feet which allows an aggregate sign area of approximately 71 square feet. As the Master Sign Plan drawings illustrate, six wall signs containing a total area o f 49.5 square feet are proposed on the Dean Avenue frontage, all of which comply with the Regulation's 10 square foot maximum sign area limitation. An additional 16 square feet of window lettering, 2.5 square feet of awning lettering and a 4 square foot exempt menu box are also proposed. The allowable sign area has been apportioned to this elevation's five commercial storefronts and to The Residences at Little Nell's main entrance area. The sign area of each use, however, is less than the Regulation' s 20 square foot limitation. Review Requirements Pursuant to Section 26.445.100. A. of the Regulations, the Community Development Director may approve an insubstantial amendment to a final PUD development plan Ms. Errin Evans May 6, 2009 Page 5 subject to certain requirements. The specific requirements, and the proposed amend- ment's compliance therewith, are summarized below. 1. The proposed amendment does not change the use or character of the development. The proposed amendment does not change the use or character of the develop- ment. 2. The proposed amendment does not increase overall coverage of structures on the land by greater than three (3) percent. The proposed amendment does not increase the overall coverage of structures on the land. 3. The proposed amendment does not substantially increase trip generation rates or the demand for public facilities. As no changes in the project' s unit mix or total net leasable area are proposed, no increase in trip generation rates or the demand for public facilities is anticipated. 4. The proposed amendment does not reduce the approved open space by greater than three (3) percent. The proposed amendment will not reduce the project's approved open space. 5. The proposed amendment does not reduce the approved off-street parking and loading space by greater than one (1) percent. No changes are proposed to the building' s off-street parking or loading space. 6. The proposed amendment does not reduce the required pavement widths or rights-of-way for streets and easements. No reductions in pavement widths or street rights-of-way are proposed. 7. The proposed amendment does not increase the approved gross leasable floor area of commercial buildings by greater than two (2) percent. No increase in the building' s previously approved commercial net leasable area is proposed. .. Ms. Errin Evans May 6, 2009 Page 6 8. The proposed amendment does not increase the approved residential density of the development by greater than one (1) percent. No increase in residential density is proposed. As discussed previously, an insubstantial PUD amendment was previously granted to convert the project' s two free market residential units to fractional ownership units. 9. The proposed amendment does not involve changes which are inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. The proposed amendment does not involve changes which are inconsistent with the prior approval. Sign Permit A completed building permit application form for the required sign permit is attached hereto as Exhibit 10. Should you have any questions, or require additional information, please do not hesitate to call. Yours truly, VANI~SSO (~iMES, LLC Bungfann, AICP V SV: CWV ec: Brooke A. Peterson Andrew Gerber d:\oldc\bus\city,applapp52708.in) 1, . EXHIBIT 1 , CITY OF ASPEN 171 PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 429-2759 DATE: 10/20/08 PROJECT: Residences at the Little Nell REPRESENTATIVE: Sunny Vann TYPE OF APPLICATION: Insubstantial Planned Unit Development (PI-ID) Amendment DESCRIPTION: The prospective Applicant would like to memorialize the signage being proposed for the subject property. This will allow a comprehensive signage plan to be developed for the project and allow the aggregate sign area permitted for the site to be apportioned so that each use or tenant within the building receives an identified amount ofpermitted sign area. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.510.130 D. Signs - Commercial Uses 26.445.100 A. Planned Unit Development - Insubstantial Amendment Review by: - Staff for complete application - Referral agencies for technical considerations - Community Development Director (for administrative decision on the amendment request, unless it is determined that the application does not qualify as an insubstantial amendment). Public Hearing: No Planning Fees: $735.00. Deposit for 3 hours of staff time (additional staff time required is billed at $225 per hour) Total Deposit: $735.00 Total Number of Application Copies: Administrative Insubstantial PUD Amendment: 3 Copies (land use file, Residences file, and permit file) To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant' s name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. 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. 4. Completed Land Use Application. 5. Signed fee agreenlent. 6. Pre-application Conference Summary. 7. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 8. Proofofownership. 9. Existing and proposed site plan, floor plans and elevations, as applicable. 10. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 11. All other materials required pursuant to the specific submittal requirements. 12. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. . EXHIBIT CWA DEVELOPMENT LLC ASPEN 1 NEWPORT BEACH I SANTA BARBARA July 22,2008 VIA HAND DELIVERY Mr. Chris Bendon, Director Aspen Community Development Department City Hall Aspen CO 81611 Re: Ownership of Residences at Little Nell Dear Chris: Please allow this letter to serve as confirmation of the ownership of the following described real property located in Aspen Colorado by The Residences at Little Nell Development LLC ("RLND"): Lot 1, The Residence sat Little Nell Subdivision according to the Plat thereof recoded May 17, 2005 in Plat Book 73 at Page 21 in the Office o f the Clerk and County Recorder of Pitkin County Colorado. This is the property where The Residences at Little Nell is located. I am an Authorized Signatory for RUND and an attorney licensed to practice in the State of Colorado. Should you have any questions, please do not hesitate to contact me. Yours ' i t, LL ~ 1 L ]Py. , eter2bn \ C l BAP 500 WEST MAIN STREET ASPEN, COLORADO 81611 POST OFFICE BOX 8238 ASPEN, COLORADO 81612 T 1-970-925-3633 F 1-970-925-5295 WWW.CWA-DEVELOPMENT.COM 0 . EXHIBIT E July 9, 2008 Mr. Chris Bendon, Director 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 an insubstantial PUD amendment for The Residences at Little Nell. 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, JBE-RESTENCES AT LITTLE NELL DEVELOPMENT, LLC i ric, Bl ~.Pete}son \ V A d Representative 302 East Hopkins Avenue Aspen, CO 81611 (970) 544-0499 d:\oldc\bus\city.ltr\ltr27108.cbl , b .I . EXHIBIT LAND USE APPLICATION APPLICANT: Name: -114E r48=An Bl -e24. Â«r Cn-Tak NEU- r-*jectr.-te,Â¥1 Location: u=r /,-19 a Kiblr=eMâ‚¬Lâ‚¬A Â«r UrTLe LIEU- Â£24vÂ»of,ph (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) REPRESENTATIVE: Name: tal#Jf \ANd >4411 45#c/47$. U.c Address: 250 6. *rr<#41 ,4,6.,-Â·*ra,l<=c 2/6-// Phone #: 925 4958 PROJECT: Name: -7->le REL,ralcaL iT urrUE NaL- Address: Phone #: Â¢25 -34 33 TYPE OF APPLICATION: (please check all that apply): Conditional Use 8 Conceptual PUD Â£ Conceptual Historic Devt. Special Review EF Final PUD (& PUD Amendment) U Final Historic Development Design Review Appeal U Conceptual SPA U Minor Historic Devt, GMQS Allotment D Final SPA (& SPA Amendment) C] Historic Demolition GMQS Exemption U Subdivision 0 Historic Designation ESA - 8040 Greenline, Stream 8 Subdivision Exemption (includes Â£ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane Lot Split C Temporary Use E Other: Lot Line Adjustment Â£ Text/Map Amendment EXIST]NG CO,DITIONS: (description of existing buildings, uses, previous approvals, etc.) Â£2>Unet 6Â£94971<02-yh54 PROPOSAL: (description of proposed buildings, uses, modifications, etc.) 6-326 .APPUCâ‚¬E] 41 Have,you attached the following? FEES DUE: $ 735 - [g'fip-Application Conference Summary [3/Attachment # 1, Signed Fee Agreement U~,Response to Attachment #3, Dimensional Requirements Form E Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards 00 uumum El . EXHIBIT E CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and -rAE rEfu naÂ¥=DeN. 4 crrn-e,Jack_ (hereinafter APPLICANT) AGREE AS FOLLOWS: rEvaus r'-1Ea"-11. LUZ. 1. APPLICANT has submitted to CITY an application for 1451861,+rr,AL reÂ© Aae,4,Â»te-tr (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) 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. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings andfor approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ ~661*hich is for S hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $220.00 per planner hour over the initial deposit. 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, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLIC*r-zil,66.,ciA Ar Jy,Tr Uâ‚¬ r #t*e"tÂ°'t-.wr u c By: C~n~~~~Clevelopment Director Ck#t U til* I Billing Address and Telephone Number: Required g:\support\forms\agrpayas.doc 11/30/04 . EXHIBIT 1111111 mil-111111111111111111 11 05/17/2005 04:01 510210 Page: 1 of 33 SILLIA D 1.;S FITKIN COL.Â·.TY CO R 166.00 D 0.00 SUBDIVISION/PUD AGREEMENT FOR THE RESIDENCES AT LITTLE NELL SUBDIVISION/PUD -74 THIS SUBDIVISION/PUD AGREEMENT is made and entered into this // - day of May, 2005, by and between THE CITY OF ASPEN, COLORADO, a municipal corporation (hereinafter referred to as "City"), and THE RESIDENCES AT LITTLE NELL DEVELOPMENT, LLC, a Delaware limited liability company (hereinafter referred to as "RLND"), WITNESSETH: WHEREAS, RLND has submitted to the City an Application for Final PUD Development Plan Approval (the "Application") for certain contiguous parcels of land situated within the City of Aspen, Colorado to be consolidated, platted and known as Lot 1, The Residences at Little Nell Subdivision/PUD (the "Property"), which Application requests tile approval, execution and recordation of a Final Plat o f the Property (the "Final Plat"); and the approval and recordation of a Final PUD Development Plan and related documents (collectively, the "Final PUD Development Plan"); and WHEREAS, City has fully considered the Application, the Final Plat, the Final PUD Development Plan, the proposed development and improvement of the Property, and the effects of the proposed development and improvement of said Property on adjoining or neighboring properties and property owners; and WHEREAS, City has imposed certain conditions and requirements in connection with its approval, execution and recordation of the Final Plat and its approval and recordation of the Final PUD Development Plan, such matters being necessary to protect, promote and enhance the public safety, health and welfare; and WHEREAS, RLND is willing to acknowledge, accept, abide by and faithfully perform the conditions and requirements imposed by City in approving the Application, the Final Plat, and the Final PUD Development Plan; and - WHEREAS, under the authority o f Sections 26.445.070 (C and D) and 26.480.070 (C and D) of the Aspen Municipal Code, City is entitled to certain financial guarantees to ensure (i) that the required public facilities are installed and (ii) that the required landscaping is implemented and maintained, and RLND is prepared to provide such guarantees as hereinafter set forth; and 1 .. 510210 1 11~ 1& 111111111111 11111111 11111111111 1111 05/17/2005 04:01 Page: 2 of 33 SILVIA DAVIS PITKIN COUNTY CO R 166.00 D 0.00 WHEREAS, contemporaneously with the execution and recording of this Subdivision/PUD Agreement, City and RLND have executed and recorded the Final Plat in Plat Book -73 at Page 1 /, and City and RLND have recorded the Final PUD Development Plan as Reception No.Pli O~ , both 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 and the approval and acceptance of the Final PUD Development Plan for recordation by City, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE I PURPOSE AND EFFECT OF SUBDIVISION/PUD AGREEMENT 1.1 Purpose. The purpose of this Subdivision/PUD Agreement is to set forth the complete and comprehensive understanding and agreement of the parties with respect to the development of The Residences at Little Nell Subdivision/PUD and to enumerate all terms and conditions under which such development may occur. 1.2 Effect. It.is the intent ofthe parties that this Subdivision/PUD Agreement shall effectively supercede and replace in their entirety all previously recorded and unrecorded subdivision, condominium, and other land use approvals and related plats, maps, declarations and other documents and agreements encumbering the Property, including without limitation those matters identified in Article VI below (collectively, the "Prior Approvals and Instruments"), and City and RLND agree to cooperate in the execution and recording of such documents as may be necessary or appropriate to accomplish the vacation and/or termination of said Prior Approvals and Instruments. The parties anticipate that these recordings will take place contemporarneously with the recording of the Final Plat. However, a delay in the recording of any such vacation/termination documents shall not affect or delay the recording of this Subdivision/PUD Agreement, the Final Plat, or the Final PUD Development Plan. ARTICLE II ZONING AND REGULATORY APPROVALS 2.1 Approval Ordinance and Resolution. Pursuant to Ordinance No. 30 (Series of 2004) adopted on October 12,2004, the Aspen City Council granted final PUD development plan approval for the development of a mixed use timeshare lodge containing 24 fractional ownership units, 2 free market residential units, 8 lodge rooms (hotel units), 8 affordable housing units, approximately 8,900 square feet of net leasable commercial space, and a subgrade parking garage (collectively, the "Project"). Ordinance No. 30 also (i) granted subdivision approval to subdivide a portion o f the adjacent Aspen Skiing Company property, eliminate the existing internal boundaries within the Proj ect site, and replat the remainder of the adjacent Tipple Woods Subdivision; (ii) rezoned a portion o f the Proj ect site to CL, Commercial Lodge, Planned Unit Development; (iii) granted approval to condominiumize the Project and to 2 .. > 1 li --Il- ill-lill-lill-illillillillillilli 05/17/2005 04:01 510210 Page: 3 of 33 SILLIA D VIS PITKIN COL..TY CO R 166.00 D 0.00 sell the fractional ownership units pursuant to a timeshare use plan (the "Fractional Ownership Plan"); (iv) exempted from growth management the conversion of existing residential reconstruction credits to lodge units, the reconstruction of demolished commercial square footage, aqd,the Project's on-site affordable housing units; and (v) approved an amendment to the Little Nell Specially Planned Area plan. Pursuant to Resolution No. 28 (Series o f 2004) adopted on August 17, 2004, the Aspen Planning and Zoning Commission granted 8040 greenline approval for the Project and also granted special review approval for the affordable housing units' on- site parking. This Subdivision/PUD Agreement incorporates all of the pertinent provisions of Ordinance No. 30 and Resolution No. 28. In the event of any inconsistency between the provisions of Ordinance No. 30 and/or of Resolution No. 28, and the provisions of this Subdivision/PUD Agreement, the provisions of this Subdivision/PUD Agreement shall control. 2.2 Dimensional Requirements. Ordinance No. 30 established and approved the following dimensional requirements for the Project: (a) Minimum Lot Size (Sq. Ft.) 66,737 (b) Minimum Lot Width (Feet)* 206 (c) Minimum Front Yard Setback (Feet)** 0 (d) Minimum East Side Yard Setback (Feet) 0 (e) Minimum West Side Yard Setback (Feet) 0 (f) Minimum Rear Yard Setback (Feet) 4 (g) Maximum Height (Feet) *** (h) Minimum Required Open Space (Percent) 0 (i) Maximum External Floor Area (Sq. Ft.) 108,000 0) Minimum Off-Street Parking Spaces **** * Measured along the Dean Avenue right-of-way ** Measured from Dean Street *** As represented in the recorded Final PUD Development Plan **** 2 short-term spaces within the porte-cochere and 70 spaces within the underground parking garage 2.3 Vested Rights. Under Development Order of the City of Aspen Community Development Department issued December 23,2004 with an effective date o f January 8, 2005 (the "Development Order"), the right to undertake and complete the development and use o f the Property pursuant to the terms and conditions of the site specific development plan for the Property is vested until January 8,2008, and shall not Â· 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. In accordance with the requirements of CRS Section 24-68-103(b), a properly noticed public hearing concerning the establishment of such vested rights for the Property was 3 .. l ill'll lilli mil ill'lli Illillim ill Illil lili lili 05/17/2005 04:01 510210 page: 4 of 33 SILVIA DAVIS PITKIN COUNTY CO R 166.00 D 0.00 conducted on October 12,2004. As authorized by CRS Section 24-68-102(4)(a), City and RLND agree that the site specific plan for the Property consists of and includes, but is not limited to, the number, permitted size, and configuration of the fractional ownership units, the free market residential units, the hotel units, the affordable housing units, the commercial spaces, the parking spaces, and the other spaces and areas in the Project, the Fractional Ownership Plan, and all other matters set forth in Ordinance No. 30 (Series of 2004), Resolution No. 28, the Final Plat recorded in Plat Book '73 at Page 1 1 , and the Final PUD Development Plan for The Residences at Little Nell Subdivision/PUD recorded as Reception No..r, 02 â€¢f, both in the O ffice o f the Clerk and Recorder o f Pitkin County, Colorado, this Subdivision/PUD Agreement, and all other documents and plans recorded concurrently therewith. For purposes of this Section 2.3, this Subdivision/PUD Agreement shall be considered a "development agreement" as that term is used in CRS Section 24-68-104(2). ARTICLE III DEVELOPMENT REQUIREMENTS AND RESTRICTIONS 3.1 The Components of the Proiect. The timeshare lodge Project approved pursuant to Ordinance No. 30 and Resolution No. 28 will consist of two attached multi- story struct:ures which will contain a maximum external floor area of 108,000 square feet, calculated in accordance with the City's floor area regulations in effect on October 25,2002, which floor area regulations are attached hereto as Exhibit A and made a part hereofby this reference. The Project will contain the following principal components: (a) Fractional Ownership Units. The Project will contain 24 Fractional Ownership Units which will be condominiumized and sold pursuant to the Fractional Ownership Plan defined and described in the Declaration of Condominium for The Residences at Little Nell (the "Declaration") to be recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado contemporaneously with the recording of the Condominium Map of the Project. The Fractional Ownership Units will consist of 19 three-bedroom units and 5 four-bedroom units, and will be configured so as to contain 40 separately occupiable lock-offs or keys. As provided in the Declaration, the Fractional Ownership Units will be available for walk-in, short-term rental to the public when the Units are not being occupied by an Owner, an Owner's guest, or persons occupying the Unit under an exchange program. (b) Free Market Residential Units. The Project will contain 2 Free Market Residential Units which will be condominiumized and sold, and which may be occupied on a short or long-term basis. It is not anticipated that these Units will be subject to the Fractional Ownership Plan, but under the Declaration RLND has reserved the right to convert either or both free market residential units to a Fractional Ownership Unit that is subject to the Fractional Ownership Plan. Under Section 9 of Ordinance No. 30, these units may be converted and included as part of the Fractional Ownership Plan pursuant to an Insubstantial PUD Amendment approved by the City. 4 .. ~ l illi 11111111[11111 lili [-~11111111111111 Illl lili 510210 Page: 5 of 33 SILVIA DAVIS PITKIN COL, 1-Y Co R 166.00 D 0.00 05/17/2005 04:01 (c) Hotel Units. The Project will contain 8 traditional lodge rooms (Hotel Units) which will not be subject to the Fractional Ownership Plan. These units will at all times be available for nightly rental to the public. (d) Affordable HousinE Units. The Project will contain 8 Affordable Housing Units. The Units will be configured as s*idios, and each Unit will contain a minimum of 400 square feet of net livable area. The Units will be deed restricted to the Aspen/Pitkin County Housing Authority ("APCHA") Category 2 income and occupancy guidelines for rental units in effect at the time of recording of the Condominium Map for the Project. The deed restriction will reserve to RLND and its successors and assigns the first right from time to time to select and place qualified tenants in the Units. No Certificate of Occupancy shall be issued for the Project until the deed restriction for the Affordable Housing Units has been executed and recorded. -- -- - Unless a different arrangement is worked out with the City, and only to the extent necessary to comply with applicable Colorado law, at the time of recording of the deed restriction RLND will convey a one-tenth of one percent interest in the Affordable Housing Units to APCHA. Said one-tenth of one percent interest is hereinafter referred to as the "APCHA Interest". The conveyance of the APCHA Interest shall be expressly subject to the understanding and agreement that (i) ownership of the APCHA Interest only gives the APCHA the right to enforce the deed restriction on the Affordable Housing Units, and does not give the APCHA any authority or rights that are not specifically set forth in the deed restriction, (ii) in all other respects, the APCHA shall be deemed to have no ownership rights or responsibilities in connection with the Affordable Housing Units, and the record owner of the remaining interest in the Units shall have full right and authority to lease, encumber, or otherwise deal with the Units as if such owner held a 100 percent interest therein, (iii) APCHA shall have no liability to third persons arising solely out of its ownership of the APCHA Interest, and RLND (and any successor or assign o f RLND in the ownership of the Units) shall indemnify APCHA from and against any losses or liabilities arising solely out of the ownership of the APCHA Interest, and (iv) the APCHA Interest will be conveyed to the then record owner of the remaining interest in the Units if and when the Colorado legislature or a court of competent jurisdiction legalizes the imposition of rent restrictions on affordable housing units. (e) Commercial/Accessory Uses. The Project will contain a restaurant, bar, outdoor dining terrace, guest living room, fitness room, recreation room, business center, front desk/concierge area, rooftop swimming pool, and retail commercial space. The retail space, which is located at ground level and fronts on Dean Avenue, will be limited to a maximum of 4,520 square feet of net leasable area and is prohibited from being converted to office use. In the event the retail space owner deems it appropriate, the retail space or some of it may be reconfigured, subj ect to obtaining any approvals that may be required by the City's land use regulations. The Project's restaurant, bar and outdoor dining terrace shall be open for the sale of food and beverages to the general public, and the outdoor dining terrace shall be open and available for use in conjunction therewith, weather permitting, all days of the 5 .. 1 lilll'llill lim'll rill lill'll lilillillili Illl 05/17/2005 04:01 510210 Page: 6 of 33 SILVIA DAVIS PITKIN COUNTY CO R 166.00 D 0.00 year that the Aspen Mountain Ski Area is open for public skiing, for a minimum of three (3) hours after the gondola lift at Little Nell closes each day. In addition, the bar and outdoor dining terrace shall be open to the general public each day during the "summer season", which shall be deemed to run from June 15 through October 15 0 f each year, during all daytime hours that the gondola is open to the general public. During hours of operation, the restaurant shall be open to the general public. No memberships shall be required, although occasional private events may be held. (f) Parking. Under Section 2 of Ordinance No. 30 (Series of 2004), the City Council approved the following minimum off-street parking spaces for the Project: Seventy (70) parking spaces located on two levels in a subgrade parking garage. Eight of the parking spaces will be allocated and signed for the use of the Project' s eight Affordable Housing Units, and six of the parking spaces will be allocated and signed for the use of the owners of Lots 1, 2 and 3, First Amended Plat of -- ------- the Tipple Woods Subdivision. 3.2 Affordable Housing Mitigation, (a) Requirements. (i) RLND has agreed to provide affordable housing mitigation for 60 percent of the employees generated by the operation of the Project. The number of employees generated by the Project has been determined to be 75, hence affordable housing mitigation must be provided for 45 employees. (ii) RLND is also required to provide 12 affordable housing bedrooms containing a minimum of 4,469 square feet of net livable area pursuant to the City' s Resident Multi-Family Replacement Program, which 12 bedrooms are considered to house 15 employees. The total number of employees for which RLND must provide affordable housing mitigation, then, is 60. The Development Order constitutes a "Certificate of Compliance" in accordance with Chapter 26.530 of the Aspen Land Use Regulations entitled "Multi-Family Housing Replacement Program". (iii) A minimum of 59 percent of the required affordable housing mitigation is to be provided within the City limits, and the remaining 41 percent may be provided outside the City but within the Aspen Community Growth Boundary. (iv) A minimum of 50 percent of the required affordable housing mitigation must be deed restricted to APCHA's Category 2 income and occupancy guidelines, and the remainder may be deed restricted to Category 3. (b) Mitigation. (i) As set forth in Section 3.1(c) above, eight Category 2 studio Affordable Housing Units will be provided within the Project, which units will be credited with housing 10 employees. 6 .. 510210 i imminimijmi imimi~mimilliâ€¢ 05/17/2005 04:01 Page: 7 of 33 SILVIA DAVIS PITKIN COUNTY CO R 166.00 D 0.00 (ii) RLND has entered into an Affordable Housing Buy Down Agreement with Obermeyer Place Holding Company LLC ("Obermeyer"), whereby RLND has agreed to buy down 15 0 f the one-bedroom Resident Occupied ("RO") Units to be constructed by Obermeyer as a part of the Obermeyer Place Project (the "Obermeyer Buy Down Units"). Seven of these units, housing a total of 12.25 employees, will be bought down to Category 2 restrictions, and eight of these units, housing a total of 14 employees, will be bought down to Category 3 restrictions for a total Buy Down Price of $3,370,400. City agrees that upon (aa) payment in full of said Buy Down Price by RLND to Obermeyer, which shall be evidenced by Obermeyer's written certification of such payment, (bb) the recording of the deed restrictions on the Obermeyer Buy Down Units to the Categories described above, and (cc) the issuance of a Certificate of Occupancy for the Obermeyer Buy Down Units, RLND and its successors and assigns shall be credited with housing a total of 26.25 employees. (iii) The 10 employees to be housed on-site, together with the 26.25 employees to be housed at Obermeyer Place, totals 36.25 employees, which represents 60 percent of RLND's required affordable housing mitigation. (iv) The remainder of RLND's affordable housing mitigation requirement, or 24 employees, will be met at the Aspen Airport Business Center, which is located within the Aspen Community Growth Boundary. These employees will be housed in eight 3-bedroom sale units being constructed by RLND pursuant to BOCC Resolution No.135-2004 recorded October 29,2004 as Reception No. 503623 in the Office of the Clerk and Recorder of Pitkin County, Colorado (the "AABC Units"). Three of these units will be deed restricted to Category 2 restrictions and five will be deed restricted to Category 3 restrictions. The eight AABC Units must be deed restricted, and a Certificate of Occupancy must be issued therefor, before a Certificate of Occupancy will be issued for the Project. (v) Based on the foregoing, a total of 31.25 employees will be housed in Category 2 units and 29 employees will be housed in Category 3 units. (vi) No Certificate of Occupancy will be issued for the Project unless and until (aa) a Certificate o f Occupancy has been issued for the 15 Obermeyer Buy Down Units and such units have been deed restricted to the Categories described in subsection (b)(ii) above, and (bb) a Certificate of Occupancy has been issued for the 8 AABC Units and such units have been deed restricted to the Categories described in subsection (b)(iv) above. If no Certificate of Occupancy has yet been issued for the Obermeyer Buy Down Units, RLND shall not be precluded from receiving a Certificate of Occupancy for the Project if it delivers or causes to be delivered to City a collateral assignment of the $3,370,400 (the Buy Down Price) being held in escrow by Pitkin County Title, Inc. (the "Escrow Agent") pursuant to the Affordable Housing Buy Down Agreement, which assignment shall authorize and direct the Escrow Agent to deliver all. of the escrowed funds to the City in the event a Certificate o f Occupancy has not been issued for and proper deed restrictions recorded upon the Obermeyer Buy Down Units by July 1, 2007. 7 .. 510210 imililliBlitillmilinlull 05/17/2205 04:01 Page: 8 of 33 SILVIA DAVIS PITKIN COUNTY CO R 166.00 D 0.00 (vii) The employees to be housed in the 8 on-site Affordable Housing Units and the 8 AABC Units shall meet the qualification criteria contained in the APCHA Employee Housing Guidelines, as they may be amended from time to time. 'The Obermeyer Buy Down Units shall be governed by the City Council approvals for the Obermeyer Place Project. 3.3 Construction in Accordance with Plans. Construction of the Project, and all of its component parts, shall be accomplished in substantial compliance with the Final PUD Development Plan and with all architectural plans and elevations, utility plans, grading and drainage plans, site design plans, and landscape plans that are recorded contemporaneously with the Final Plat and this Subdivision/PUD Agreement. 3.4 Porte Cochere Traffic Flow, Shipping and Receiving, and Roof Top Decks. (a) Porte Cochere Traffic Flow. Traffic flow within the Project's entry porte cochere shall occur in a clockwise rotation at all times in order to minimize the impact o f vehicle headlights on the adjacent North o f Nell Condominiums. Vehicular access to the porte cochere from Galena Street shall occur via Dean Avenue. (b) Shipping and Receiving. Commercial vehicles, including but not limited to delivery, service and inspection vehicles, shall be prohibited from using the Little Nell Hotel service dock on Spring Street to service the Project. All commercial vehicle activity shall be limited to the Project's Galena Street loading dock and parking garage. (c) Roof Top Decks. The Project's roof top decks, swimming pool and hot tubs shall be used for the following purposes: Swimming, sun-bathing, food and beverage service, and similar compatible uses. 3.5 Dean Avenue Improvements; Maintenance; Encroachment License. RLND shall accomplish, as subdivision improvements, the improvements depicted on the Final PUD Development Plan recorded concurrently with the Final Plat, in accordance with Article IV of this Subdivision/PUD Agreement. To the extent practicable, said Final PUD Development Plan shall be revised to be consistent with any final master design plan that may be finally adopted by the City for Dean Avenue improvements. In the event the City has not adopted such final master design plan by April 1, 2006, RLND shall no longer be obligated to make revisions to the Final PUD Development Plan. Before a building permit is issued for the Project, the City and RLND shall enter into two (2) Encroachment Licenses covering the portions ofthe Proj ect that will encroach into the Dean Avenue right-of-way, as depicted on the Final Plat. The first Encroachment License will cover the portion of the Residences at Little Nell building that encroaches into the Dean Avenue right-of-way, and the second Encroachment License will cover the portion o f the surface utility systems servicing The Residences at Little Nell that encroaches into the Dean Avenue right-of-way. 8 .. 1.11111111111-1111 11Mmillm 05/17/2005 04:01 510210 Page: 9 of 33 SILVIA DAVIS PITKIN COJNTY CO R 166.00 D 0.00 The design, installation, maintenance and operational costs for new surface and subsurface improvements to Dean Avenue shall be borne by RLND or its successor/assignee, The Residences at Little Nell Condominium Association, Inc. (the "Association"). New subsurface improvements shall include a snowmelt system and similar features but shall exclude existing utilities within the right-of-way. Costs of replacing surface and subsurface improvements as a result of accessing City-owned utilities or other subsurface work that damages surface and subsurface improvements installed by RLND, including the snowmelt system, shall be borne by the City. The City shall not be responsible for costs of replacing surface and subsurface improvements damaged as a result of utility work on non-City-owned utilities. 3.6 Utilities. (a) Water, sewer, electric, natural gas, telephone and cable TV service - ----- ---- are available from existing main lines in Galena Street and Dean Avenue. RLND shall accomplish at its expense the utility improvements described in Article 4.1 below. (b) All utility service lines from these main lines to the Project shall be installed by RLND at its expense in compliance with the Water and Sanitary Sewer Utilities Plan and the Shallow Utilities Plan recorded concurrently with the Final Plat, and shall be buried underground. All of said utilities shall be installed as subdivision improvements in accordance with Article IV of this Subdivision/PUD Agreement. (c) All utility tap fees shall be payable in accordance with the requirements o f the utility regulations in effect at the time o f payment. (d) All uses and construction shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards o f Municipal Code Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. (e) RLND shall comply with the Aspen Consolidated Sanitation District' s rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed to ACSD lines. All improvements below grade shall require the use o f a pumping station. 3.7 Relocation of Citv Water Line. RLND shall accomplish, as a subdivision improvement, the relocation o f the City of Aspen water line in Durant Street, Spring Street, and across Little Nell, in compliance with the Little Nell Waterline Plan and Profile to be recorded concurrently with the Final Plat, and in accordance with Article IV of this Subdivision/PUD Agreement. 3.8 Drainage. All development within the Project shall comply with the Drainage Plan recorded concurrently with the Final Plat. RLND shall be responsible for implementing the Drainage Plan, and drainage improvements shall be accomplished as subdivision improvements in accordance with Article IV o f this Subdivision/PUD Agreement. 9 .. I im ilitil litill litil ilit ilill ilitill ill litlitill lill 05/17/2005 04:01 510210 Page: 10 of 33 SILVIA DAVIS PITKIN COUNTY CO R 166.00 D 0.00 3.9 Landscaping; Tree Removal Fee. All development within the Project shall comply with (i) the Overall Materials Plan, (ii) the Overall Tree Landscape Plan, and (iii) the Overall Understory Landscape Plan recorded as part of the Final PUD Development Plan (collectively, the "Planting Plans"). RLND shall be responsible for implementing the Planting Plans, and landscaping improvements shall be accomplished as subdivision improvements in accordance with Article IV of this Subdivision/PUD Agreement. A tree removal fee in the aggregate amount of $32,252.84 has been paid to the City by RLND. 3.10 Exterior Lighting. All development within the Project shall comply with the Exterior Lighting Plan to be submitted to the Community Development Department for review and approval at the time of building permit application. 3.11 Ski Trail Easement. The Ski Trail Easement depicted on the Final Plat across the southeasterly corner of Lot 1; Residences at Little Nell Subdivision/PUD, was dedicated to the City on the Final Plat for the use of the general public during the winter months for downhill and cross-country skiing purposes only (motorized vehicles are prohibited), subj ect to the terms and conditions of said dedication and as more fully set forth in that certain Ski Trail Easement Agreement between RLND and the City recorded contemporaneously with this Subdivision/PIJD Agreement as Reception No. 3-,0,07 - 3.12 Relocation of Little Nell Chairlift. RLND shall be responsible for relocating the existing Little Nell Chairlift to approximately the location depicted on the Final PUD Development Plan, at RLND's cost and expense. Such relocation must be accomplished before a Certificate of Occupancy is issued for the Project. 3.13 Air Oualitv. (a) The City has determined that, subject to the provision of van service for the Project's owners and guests, and the advertising thereof, no further PM10 mitigation shall be required for the Project. (b) All development within the Project shall comply with the Environmental Health Department's woodburning stove/fireplace regulations in effect at the time of issuance of a building permit for the Project. (c) Before a building permit is issued for the Proj ect, RLND shall - ---- submit a fugitive dust control plan to the Environmental Health Department for its review and approval. The plan shall address, at a minimum, fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads, and other measures as may be necessary to prevent windblown dust from crossing the property lines or otherwise causing a nuisance. 3.14 Geotechnical Requirements and Slope Stabilitv Monitoring. Throughout construction of the Project and for a period of two (2) years following the issuance of a Certificate of Occupancy for the Project, RLND shall comply with the geotechnical recommendations, and implement the slope stability monitoring, detection 10 .. ill-'.11---llillill-111 1-11,111111111111 lilli 05/17/2005 04:01 510210 Page: 11 of 33 SIL&IA C.VIS PIn<IN COw,Â·TY CO R 166.00 D 0.00 and reporting program, contained in the Geotechnical Investigation for The Residences at Little Nell prepared by CTL/Thompson under date of June 17,2003 (Job No. GS- 3850). 3.15 School Land Dedication Fees. Before a building permit is issued for the Project, RLND shall pay to the City a cash payment in lieu of school land dedication, for the Project's two (2) free market residential units and eight (8) Affordable Housing Units, in the total amount of $36,102.90. 3.16 Park Development Impact Fee. Before a building permit is issued for the Project, RLND shall pay to the City a park development impact fee in the total amount of $58,315.95. 3.17 Street Impact Fee. Before a building permit is issued for the Project, RLND shall pay to the City a street impact fee in the amount of $ 7,950.00, which is equal to the cost of placing a 2-inch asphalt overlay over half the width of Galena Street along the frontage of the Project to Durant Street. This payment is being made in lieu of returning Galena Street to an acceptable condition following construction of the Project, as provided in Paragraph 5 of Section 11 of Ordinance No. 30. 3.18 Storm Water Drainage Svstem Fee. Before a building permit is issued for the Project, RLND shall pay to the City a fee in the amount of $ 172,000.00 as a contribution toward the cost of improvements to the City' s storm water drainage system, and the City shall deposit the funds in a separate account for such purpose. In the event the City has not expended the funds for such purpose within 5 years following the Â¢late of this Subdivision/PUD Agreement, the storm water drainage system fee shall be refunded to RLND together with 4 percent interest (non-compounded) accrued from date of payment to date of reimbursement. 3.19 Work in Public Right-of-Wav. RLND shall first obtain the approval of the appropriate City Department before commencement of any work within a public right-of-way. 3.20 Damage to Public Rights-of-Wav. RLND shall repair any public right- of-way damaged during construction of the Project prior to issuance of a Certificate of Occupancy for the Project, excepting damage to Galena Street covered by the street impact fee provided for in Section 3.17 above. RLND shall be responsible for the restoration of any sections of Galena Street to pre-disturbance condition in order to - receive an overlay. 3.21 Construction Hours. Construction activity within the Property shall be limited to the hours between 7:00 a.m. and 7:00 p.m. Monday through Saturday. No construction activity shall be permitted on Sunday. 3.22 Construction Management Plan. All construction activities on the Property shall comply with the Construction Site Management Plan and Parking Plan submitted by RLND to the City concurrently with the building permit application. 11 .. 510210 I IUm lilli 111111 11111 Illl lill lillfill Ill Ullil 111 1111 05/17/2005 04:01 Page: 12 of 33 SILVIA DAVIS PITKIN COUNTY CO R 166.00 D 0.00 3.23 Improvement Districts. On behalf of itself and any future owners of the Property and all interests therein, RLND agrees to join any future improvement districts that may be formed for the purpose o f constructing improvements that benefit the Property under an assessment formula. 3.24 Condominium Map. Upon substantial completion of construction of the Proj ect, RLND shall submit a Condominium Map to the Community Development Director for review and approval. During the period of vested rights described in Section 2.3 above, the Condominium Map shall be reviewed under the applicable provisions of the City's Land Use Regulations in effect on October 25,2002 (the date of submission of the Project's conceptual PUD application), which provisions are attached hereto as Exhibit A and made a part hereof by this reference. Following expiration of said vesting period, the Condominium Map shall be reviewed under the then-current condominiumization requirements of the Aspen Municipal Code. The ----- -condominiumization of the Project shall be accomplished prior to the closing of the sale of any Fractional Interest or Free Market Residential Unit in the Project. 3.25 Van Service. The Association shall provide 24-hour van service to owners and guests of the Project. 3.26 License to Use Dean Avenue for Construction Staging. City hereby grants to RLND a license to use so much of Dean Avenue adjacent to the Project site as may be necessary from time to time for construction staging in connection with the Proj ect. In consideration thereof, within twenty (20) days following the end of each calendar month in which Dean Avenue is used for staging, RLND agrees to pay to City the sum of $1.25 per square foot per month for each square foot of Dean Avenue actually used for staging during said month, prorated for the number of days of actual usage during said month. 3.27 Ownership and Maintenance of Common Elements. Under the terms of the Declaration, all portions of the Project other than the Units (as defined in the Declaration) are Common Elements. The Common Elements are owned in common by the owners of the Units and of the Fractional Interests, in the undivided interests described in the Declaration, and the Association is responsible for maintaining, repairing, improving, restoring and replacing the Common Elements, including any Limited Common Elements and Common Furnishings. 3.28 Roof Plan. RLND shall limit the rooftop mechanical equipment in the Project to the equipment depicted on the Roof Plan to be recorded as part of the Final PUD Development Plan, shall screen such equipment as shown on the Roof Plan, and shall use non-refiective roofing material. 3.29 Pre-Construction Meeting. Prior to submitting an Application for the Building Permit for the Proj ect, a meeting shall be held among the following parties: RLND, the Project Architect, the Project Planner, the Prime Contractor, a City Staff Planner, a Community Development Engineer, a Zoning Officer, and a Building Official/Plans Examiner. The purpose of the meeting shall be to identify the approving 12 .. 510210 Illimlimull11~~111%111111~ 05/17/2005 04:01 Page: 13 of 33 SILVIA DAVIS PITKIN COUNTY CO R 166.00 D 0.00 Ordinance and any amendments thereto, identify conditions o f approval, identify the timeline for Final Plat and Subdivision/PUD Agreement recordation, identify the types of building permits necessary and the development activities that can be conducted prior to receiving a building permit, review any critical timeline issues, review the steps and timing of the building permit process, discuss the responsibilities of all parties in obtaining permits, changes, etc., and review the Building Department checklist. ARTICLE IV A. SUBDIVISION IMPROVEMENTS 4.1 Prior to the issuance of a Certificate of Occupancy for the Project, RLND shall accomplish the following subdivision improvements, all as depicted and described on the Final PUD Development Plan and other related documents that are attached to or recorded concurrently with the Final Plat: The utility and street surface improvements ---- - identified on the "Costs Estimate for Proposed Public R.O.W. Improvements" dated February 15, 2005, and the "Site Cost Estimate for Dean Avenue and Galena Street Improvements" dated February 14,2004, copies of which are attached hereto collectively as Exhibit B. The aggregate estimated cost of such improvements is $819,589. 4.2 Before a building permit is issued for the Proj ect, a construction schedule for the above-described improvements shall be submitted to the City Engineering Department, and all applicable right-of-way permits and licenses must be obtained. 4.3 RLND shall complete the landscaping of the Property and the Dean Avenue right-of-way in accordance with the Planting Plans no later than six (6) months following the issuance of a Certificate of Occupancy for the Project. RLND shall be responsible for ensuring the success of all landscaping installed pursuant to the Planting Plans for a period of 2 years following the date of installation, and shall replace any landscaping that fails during such 2 year period. RLND or its successors or assigns shall have the right to plant additional native vegetation within the Residences at Little Nell Subdivision/PUD, as it may consider appropriate from time to time, without further approvals being required. The estimated cost of such landscaping improvements (including 2 years of maintenance thereof) is $321,038, as set forth on the Landscaping Cost Estimate attached hereto as Exhibit C and made a part hereof by this reference. 4.4 The estimated costs set forth in Sections 4.1 and 4.3 above shall be updated to 2005 dollars (or the year in which construction commences) at the time of building permit submittal, and the updated cost estimates shall be submitted to the City Engineer for review and approval. B. FINANCIAL ASSURANCES In order to ensure construction and installation of the subdivision and landscaping improvements described in Section A above, and to guarantee 100 percent of the current estimated cost of the subdivision improvements ($819,589, updated as above required) and 125 percent of the current estimated cost of the landscaping 13 .. 510210 Â® Illill lilllil illm lill lilli illilill lil lilli ill lill Page: 14 of 33 05/17/2005 04:01 SILVIA DAVIS PITKIN COUNTY CO R 166.00 D 0.00 improvements (including 2 years of maintenance thereof) ($401,298, updated as above required), RLND shall provide to the City an irrevocable letter of credit from a financially responsible lender in the amount of $1,220,887, updated as above required. Said letter of credit shall be provided to the City prior to the issuance of a building permit for the construction of the Project, shall be in a form reasonably acceptable to the City Attorney and the City Manager, and shall give the City the unconditional right, upon default by RLND, to draw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any outstanding and delinquent bills for work done thereon by any party, with any excess letter of credit amount to be applied first to additional administrative or legal costs associated with any such default and the repair of any deterioration in improvements already constructed before the unused remainder, if any, of such letter of credit is released to RLND. Provided, however, that RLND shall be given fourteen (14) days' written notice of default (and the right to cure during said period) prior to the City's ability to make a draw under the letter of credit. Notwithstanding the foregoing, delays or other problems resulting from acts of God or other events beyond the reasonable control of RLND shall not constitute a default hereunder so long as a good faith effort is being made to remedy the problem and the problem is in fact resolved within a reasonable period of time following its occurrence. As portions o f the improvements required are completed, the City Engineer shall inspect them, and upon approval and written acceptance, he shall authorize a reduction in the outstanding amount of the letter of credit equal to the agreed estimated cost for the completed portion of the improvements; provided, however, that ten percent (10%) of the estimated cost shall be withheld until all proposed improvements are completed and approved by the City Engineer, and with respect to landscaping improvements, twenty-five percent (25%) of the $321,038 estimated cost thereof (as updated), or $80,260 (as updated), shall be retained until the landscaping improvements have been maintained in a satisfactory condition for two (2) years. A Maintenance Bond, valid for two (2) years from the date of acceptance of all right-of-way improvements by the City Engineer, shall be provided to the City Engineer in the amount of $819,589 (updated as above required), prior to any reduction in the amount o f the letter o f credit for costs associated with right-0 f-way improvements. It is the express understanding of the parties that compliance with the procedure set forth in Article V below pertaining to the procedure for default and amendment of this Subdivision/PUD Agreement shall be required with respect to the enforcement and - -- - implementation of these financial assurances and guarantees to be provided by RLND as set forth above. ARTICLE V NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS In the event that the City determines that RLND is not acting in substantial compliance with the terms of this Subdivision/PUD Agreement, the City shall notify RLND in writing specifying the alleged non-compliance and asking that RLND remedy the alleged non-compliance within such reasonable time as the City may determine, but 14 .. 510210 lilliÂ® 111111111~111111111 111111~111 lili 05/17/2005 04:01 Page: 15 of 33 SILVIA DAVIS PITKIN COUNTY CO R 156.00 D 0.00 not less than 30 days. If the City determines that RLND has not complied within such time, the City may issue and serve upon RLND a written order specifying the alleged non-compliance and requiring RLND to remedy the same within thirty (30) days. Within twenty (20) days of the receipt of such order, RLND may file with the City Engineering Department either a notice advising the City that it is in compliance or a written request to determine any one or both of the following matters: (a) Whether the alleged non-compliance exists or did exist, or (b) Whether a variance, extension of time or amendment to this Subdivision/PUD Agreement should be granted with respect to any such non- compliance which is determined to exist. Upon the receipt of such request, the City shall promptly schedule a meeting of the parties to consider the matters set forth in the order ofnon-compliance. The meeting of the parties shall be convened and conducted pursuant to the procedures normally established by the City. If the City determines that a non-compliance exists which has not been remedied, it may issue such orders as may be appropriate, including the imposition of daily fines until such non-compliance has been remedied, the withholding of permits and/or certificate of occupancy, as applicable; provided, however, no order shall terminate any land use approval. The City may also grant such variances, extensions of time or amendments to this Subdivision/PUD Agreement as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City shall not unreasonably refuse to extend the time periods for performance hereunder if RLND demonstrates that the reasons for the delay(s) which necessitate said extension(s) result from acts of God or other events beyond the reasonable control of RLND, despite good faith efforts on its part to perform in a timely manner. ARTICLE VI PRIOR APPROVALS AND INSTRUMENTS 6.1 Plat of Tippler Townhomes Subdivision recorded November 25, 1998 in Plat Book 48 at Page 3. 6.2 Subdivision Agreement for Tippler Townhomes Subdivision recorded November 25, 1998 as Reception No. 424875. - 6.3 Resolution No. 98-06 of the Aspen Planning and Zoning Commission recorded April 10,1998 as Reception No. 415473, approving the proposed off-street parking plan for the Tippler Townhomes Subdivision. 6.4 Ordinance No. 6 (Series of 1998) of the Aspen City Council adopted May ~ 26,1998, granting final subdivision approval for the Tippler Townhomes Subdivision. 15 .. 510210 i intil limimi iummilitil iim :mi imill 05/17/2005 04:01 Page: 16 of 33 SILVIA DAVIS PITKIN COUNTY CO R 166.00 D 0.00 6.5 Resolution No. 66 (Series of 2000) of the Aspen City Council adopted May 22,2000, granting an extension of the Tippler Townhomes Subdivision vested rights through February 26,2003. 6.6 Resolution No. 17 (Series of 2003) of the Aspen City Council adopted February 24,2003, granting an extension of the Tippler Townhomes Subdivision vested rights through February 26,2005. 6.7 Condominium Plat of Tipple Lodge recorded April 2, 1980 in Plat Book 9 at Page 22. 6.8 Condominium Declaration for Tipple Lodge recorded April 2, 1980 in Book 385 at Page 883. 6.9 Subdivision Exemption Agreement (Tipple Lodge Condominium) recorded October 29, 1979 in Book 378 at Page 294. 6.10 Ordinance No. 23 (Series of 2003) of the Aspen City Council adopted June 23,2003, approving the expansion of the Tippler Townhomes Subdivision onto the Tipple Lodge property. 6.11 Plat of Tipple Woods Subdivision recorded March 23. 1959 in Ditch Book 2A at Page 250, as amended by Subdivision Exception Plat recorded February 14, 1984 in Plat Book 15 at Page 86 (collectively the "Plat"). Plat to be vacated, and new Plat of Tipple Woods Subdivision to be recorded, depicting remaining 3 Lots in Subdivision. 6.12 Agreement of Second Amendment and Restatement of Protective Covenants of Tipple Woods Subdivision recorded November 11. 1971 in Book 259 at Page 245. To be restated and amended in their entirety to reflect 3 remaining Lots in Subdivision. 6.13 Condominium Map of Tipple Inn Condominiums recorded in Plat Book 3 at Page 82, as amended and supplemented. 6.14 Condominium Declaration for Tipple Inn (A Condominium) recorded May 10, 1966 in Book 220 at Page 318, as amended by recorded First through Fourth Supplements, and by Consent to Amendment of Declaration and Map recorded in Book 262 at Page 227. -- 6.15 Other recorded and unrecorded documents and instruments affecting title to the Property. ARTICLE VII GENERAL PROVISIONS 7.1 The provisions hereof shall be binding upon and inure to the benefit of RLND and City and their respective successors and assigns. 16 .. ill[.1[1 Il Illilll Ul Ill 11 kil 05/17/2005 04:01 510210 Page: 17 of 33 SILVIA E VIS PITKIN C_JNTY CO R 166.00 D 0.00 7.2 This Subdivision/PUD Agreement shall be subject to and construed in accordance with the laws of the State o f Colorado. 7.3 If any of the provisions of this Subdivision/PUD 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 this Subdivision/PUD Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 7.4 This Subdivision/PUD Agreement and the exhibits attached hereto contain the entire understanding between the parties hereto with respect to the transactions contemplated hereunder. RLND, its successors or assigns, may, on its own initiative, petition the City Council for an amendment to this Subdivision/PUD Agreement or for an extension o f one or more of the time periods required for performance hereunder. The City Council shall not unreasonably deny such petition for amendment or extension after considering all appropriate circumstances. Any such amendments or extensions of time shall only become effective upon the execution by all parties hereto that are affected by the proposed amendment. 7.5 Numerical and title headings contained in this Subdivision/PUD Agreement are for convenience only, and shall not be deemed determinative of the substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use o f any gender shall include all genders. 7.6 Upon execution of this Subdivision/PUD Agreement by all parties hereto, City agrees to approve and execute the Final Plat and to approve the Final PUD Development Plan and to accept the same for recordation in the o ffice of the Clerk and Recorder for Pitkin County, Colorado, upon payment of the recordation fees by RLND. 7.7 Notices to be given to the parties to this Subdivision/PUD Agreement shall be considered to be given if hand delivered or if deposited in the United States Mail to the parties by registered or certified mail at the addresses indicated below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: CITY: City of Aspen City Manager 130 South Galena Street Aspen, CO 81611 RLND: Aspen Land Fund LLC, Managing Member Attention: Brooke Peterson 302 East Hopkins Avenue Aspen, CO 81611 With Copy to: Arthur C. Daily, Esq. Holland & Hart LLP 17 .. t 600 East Main Street Aspen, CO 81611 7.8 This Subdivision/PUD Agreement may be executed in counterparts, in which case all such counterparts together shall constitute one and the same instrument which is binding on all o f the parties thereto, notwithstanding that all of the parties are not signatory to the original or the same counterpart. Facsimile signatures shall be treated as original signatures hereon. 7.9 The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the Property and any and all owners thereof or interests therein, their respective successors, grantees or assigns, and further shall inure to the benefit of and be specifically enforceable by or against the parties hereto, their respective successors, grantees or assigns. Imill'll Ilill ilill -1 lilli Ul ill lli lillil ill lilll 05/17/2005 04:01 510210 Page: 18 of 33 SILVIA DAVIS PITKIN COUNTY CO R 156.00 0 0.00 18 .. . 0 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. CITY: City of Aspen, Colorado, a Colorado municipal corporation By: ~~ 9-*~ OSÂ»-l MayoPPE.0 9 Attes: /4Â»033/4Â«- Kathryn S. Ko~~, City Clerk APPROVED AS TO FORM: g5914? 41<1363. John Worcetter, City Attorney RLND: THE RESIDENCES AT LITTLE NELL DEVELOPMENT, LLC, a Delaware limited liability company By: Aspen Land Fund, LLC, a Colorado limited liability company, Managing Member By: CWA Development, LLC, a Colorado limited liability company, Manager Bi;~ Five 84#s, LI,C, a Collprado ~/limited <lia*y A*ny,Amber / By:73 5/ ' 041 r---- ~roo e A. P tershn, Akahger ' And By: Centurion Partners Aspen, LLC, a Colorado limited liability company, Member By: Centurion Partners, LLC, a i llmil Imil ]In# lim m illi m Imill â€¢ lili 05/17/2005 04:01 510210 California limited liability company, Page: 19 of 33 Manager SILVIA DAVIS PITKIN COUNTY CO R 166.00 D 0.00 By: ~~L- Scot Matteson, Managing Member 18 .. -094 9 Mike Smith, Managing Member 510210 ~mumumâ€¢â€¢â€¢=ammmâ€¢ 05/17/2005 04:01 Colorado limited liability company, And By: Westpac Colorado LLC, a Page: 20 of 33 SILVIA DAVIS PITKIN COUNTY CO R 166.00 D 0.00 Member Patrick N. Smith, Manager STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing instrum~kZ#224Â£ds.5*yefore me this 1-*"'day of ~04<4/ -,2005,by Meen-igmaacm*55-Mayo~MJEMhryn S. Koch as City Clerk of th,#City of Aspen, Colorado, a municipal corporation. 7-*.% Witness my hand and official seal. 1 ~99~66 ...OU My commission expires:O 5 f JACKIE \ ~8 ~ l LOTHIAN ,! V A- C /1 A , ~otary Public / N<412*#0 U STATE OF COLORADO ) ) SS. COUNTY OF +~t-re-,0 ) The foregoing instrument was acknowledged before me this @71|Â£ day of (D@ r, 1 , 2005, by Brooke Peterson, Manager of Five Rocks LLC, a Colorado limited liability company, Member of CWA Development LLC, a Colorado limited liability company, Manager of Aspen Land Fund LLC, a Colorado limited liability company, Managing Member of The Residences at Little Nell Development, LLC, a'Â« Delaware limited liability company. 1 4~,ek\.. Witness my hand and official seal. . -.' r I.vu=JP' : 0 i , 1 1.-- i.$2~.4*3 4 My commission expires: Â£~ ~1Lt IDE -0 Ft:.. ~~ 0= -~.9.-rsti <9 J.. I.'S la,6 4. 4-1, .'.,4 twy,UNA 'St A s F#j, 02) 19 .. STATE OF CAUS#ve 4 ) ) SS. COUNTY OF 804115-L ) The foregoing instrument was acknowledged before me this 2 9 day of , 2005, by Scot Matteson and Mike Smith, Managing Members of Cen~rrioln Partners LLC, a California limited liability company, Manager of Centurion Partners Aspen, LLC, a Colorado limited liability company, Member of CWA Development LLC, a Colorado limited liability company, Manager of Aspen Land Fund LLC, a Colorado limited liability company, Managing Member of The Residences at Little Nell Development, LLC, a Delaware limited liability company. Witness my hand and official seal. Â¥x.commissjon expires: Fly,r :2~ 2-OOk ~~ Noury Pubrk - Csiom,a Z Notary~Bblic Corrâ€¢nission $ 1345111 1 --3-/445.-/ Orange County F STATE OF ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2005, by Patrick N. Smith, Manager of Westpac Colorado LLC, a Colorado limited liability company, Member of CWA Development LLC, a Colorado limited liability company, Manager of Aspen Land Fund LLC, a Colorado limited liability company, Managing Member of The Residences at Little Nell Development, LLC, a Delaware limited liability company. Witness my hand and official seal. My commission expires: Notary Public al ill m ill -ai .Rnmil 05/17/2005 04:01 510210 Page: 21 of 33 SILV,A CAVIS PI rKIN CO...TY .O R 166.00 D 0.00 3188793_44-DOC 20 .. STATE OF CALIFORNIA ' ) }SS. COUNTY OF SANTA BARBARA ) On this 28th day of April, 2005, before me, the undersigned, a No- tary Public in and for said State, personally appeared PATRICK N. SMITH, personally known to me (ef-9,01#ad-2 -me on tho bacio Â·of zatio- e) to be the person (.al whose name (-e-) is/are subscribed to the within instrument and acknowledged to me that he/*he /t.hey exe- cuted the same in his/.her/bheÂ·*r authorized capacity (ires), and that by his/her/their signature ts) on the instrument the person (e), or the en- tity upon behal f o f which the person eff acted, executed the instru- ment. WITNESS my hand and official seal. LEANNE KAY LUST*G 0 CONIA.0 1 5-3-3839RNIA 1 lu- L 414 Ng=2=2'a=TY U Notary Public in~anti for Â£*id State 9 Con.I 1 NOTE: Attached to Subdivision/PUD Agreement for the Residences at Little Nell Subdivision/POD undated re -Little Nell". ~ 510210 Page: 22 of 33 05/17/2005 04:01 SILVIA DAVIS PITKIN COUNTY CO R 166.00 D 0.00 .. 11111111111111111-11111111111111111111 05/17/2005 04:01 510210 Page: 23 of 33 SILLIA DAVIS PITKIN COL.fY -0 R 166.00 D 0.00 CONSENT OF MORTGAGEE The undersigned, being the holder o f two liens on portions of Lot 1, The Residences at Little Nell Subdivision/PUD pursuant to Deeds of Trust recorded as Reception Nos. 469347 and 500220 in the Office of the Clerk and Recorder of Pitkin County, Colorado, hereby consents to and approves the recording of this Subdivision/PUD Agreement, and hereby subordinates the liens of said Deeds of Trust to the matters set forth herein. rt Dated thiso day of May, 2005. - Alpine Bank, Aspen By: ~4#)-i - Its: / 441Â« STATE OF COLORADO) ) SS COUNTY OF PITKIN ) The foregoing Consent of Mortgagee was acknowledged before me this & day of May, 2005, byL,l-A -72 /7,-/c,- as fr Ls f .6.- t- Of Alpine Bank, - Aspen, a Colorado corporation. Witness my hand and official seal. My commission expires: / /2 8/0 8 :.4 r~-0~ Yary Public fief " 0 JEAN 1 1 3374870_1 DOC 93:.....Al rte~*--*~ 4 Conni~ E*,101mmot JAN-03-2006 13: 08 FROM:HOLLAND &.SART 9709259415 TO,/0 920 9310 ,-==-, Dec.21. 2005Â·4:41PM f -~Assoc.EVELOPMENT . b40. 9 304 'b I MEMORANDUM TO: Chis Bendon, Community Development Direotor FROM: James Lindt, Stnior Planner <IL- RE: The Residences at Little Ncil- Insubstantial PUD Amaulment DATE: December 42005 SUMMARÂ¥: The Residences at Little Nell, LLC, represented by Vann Associates. has applied for an insubstantial amendmcot w the approved Residence at Little Net[ Subdivisior,/PUD to amend the approved PUD to allow for the two (2) free-matt residential units approved ' within the development to be converted to fractional owneship units. Ordinance No. 30, = a Series of 2004. which approved the Residences at Litde Nell Subdivision/PUD contained a %189 oondition of approval allowing fo~ tho subject UnitS to be ~actionalized pursuant 0 an eG -20 insubstactial PUD amendment APPLICANT: The RB~dences aiUzzle Nell LLC, Represented by Ver. Associates. - ZONING; Lodge with a PUD Overlay. - REVIEW PROCEDURE: The Commwity Development Director may approve, approve with condition&, or deny an insubstantial amendment to an approved PUD pursuant to Land Use Code Section 26.445, Â£00, Planned Unir Developments. STAFF COMMENIS: In reviewing the Applicant' s request. Std believes that the conversion being propoged & consistent with the approvals grz=d in Ordinaace No. 30, Series of 2004, approving the Residences at Little Nell Subdivislon/PUD. The ordinansc approving thÂ¢ original projeÂ©r contains a section idencifying thst the Applicant may convert the two (1) wholly.owned residentiafunits m fractional units ztnd incluckthcm in the timeshare use plan, provided that an insubstantial PUD amendment is approved for record kÂ¢eping plaposes. Staff firther feels tat thÂ¢ proposed cDnversion is consistent with the lodging goals of the commlmity In that the units are mort likely to be occupied and reoted on a shon.term basis if they are included in the limÂ©sharÂ© ueÂ© plan than if thÂ©y arg maintained as wholly-owncd residential units. RECOMMENDATION: Staff believes That this application meets the review standards for granting an in:obitantial PUD amendinelit and recommends that Ths Community Development Director approve this insubstantial PUD amendment to allow for the two (2) wholly-owned residential units Receiven -ime Dee.-3, 10:59PM DEC-21-20BER Je i-vel T i mi.R', j &33- 378-TO? PMI ID: PAGE:002 R=95% ~ 518768 JANICE K VOS CALD]LL PITK,11 T JAN-03-2006 13: 08 FROM:HOLLAND &-WART 9709259415 TOI110 920 9310 P.3/9 Dic. 21. 1005 ' 4:42?Mi '-O Assoc.IYE,OPMENT 1\40.0304 ?P. 3 approved in the original PUD to be converted to timesham lodge units and includtd in the timesbare use plan. AFFROVAL: I hereby approve &is insubstantial amendment to the Residences al LiuIe Nell Subdivision/PUD allowing for the Lwo (2) wholly-owned residential units to bo conver=d to timeshare lodge rooms and included in the Residences at Littic Nell'& timesharc use plan, with 11,6 following condition: 1. The Applicant shall record thi3 document at the Pitkin County Clork and Rccordsr's Office withinthi:cty (30) days of approval. 2. The units subject to the coaver,ion shall be included in the timesh= ust plan pursuant to the terms that weIS applied to the other fractional units in the Residences at Little Nell Subdivision/PUD. 3. The School Lands Dedication fees that were paid to the City of Aspen for the two (2) free market reidential units :Jubject to this applicirtion shall not bt refundable. 4%* dats\,/ce /7, F-7 Chris Bcndon, Communily Development Dir,Gtor ACCKFIANCE: 1, as a person being or representing the applkant, do hereby agree to Ihe condition of this approval mod certify the information pnovided in this application is correct lo th= best of my knowledge. Applicant: ' Residence 44 little Nkl ievelopmens#NL,\ \ / #Â«ZL tv 1 \41Z-17 / By: Id-ckfil 1 l yrrwolte A.~,#terÂ¥n,\*02~*ry-in-Fact -Date: ~cember 21, 2005 ATTACRMErrIS: Exhibit A - Review Criteria und Staff Findings FIhibit 3 - Applicadon - - 1- Ill-.i-' --Ii* -I.- -- Il-I - Ill--1111-]lim lili .lili. --1 -1.lilli 518768 Page: 2 of 8 12/22/2005 01:50 JANI .E K VOS CR.JILL r ITKI COLMY CO R 41.00 D 0.00 2 Received Time Dec.13. 10:59PM DEC-21-2005 00. -1 -1 .... rn-WD A-/ n ID: PAGE:003 R=95% Received Time"jan. 3.'c 8:07?10 . EXHIBIT F71 -- ---- ----- NOTICE OF APPROVAL- -- For an Insubstantial PUD Amendment and an Insubstantial Amendment to an Environmentally Sensitive Area Development Order to The Residences at Little Nell, 501 E. Dean Street Parcel No.: 2737-182-93-6034,2737-182-93-6035,2737-182-93-6036,2737-182-93-6037, 2737-182-93-6038, 2737-182-93-6039, 2737-182-93-6040, 2737-182-93-6041, 2737-182-93- 6042,2737-182-93-6043,2737-182-93-6044,2737-182-93-6045, 2737-182-93-6046,2737-182- 93-6047, 2737-182-93-6048, 2737-182-93-6049, 2737-182-93-6050, 2737-182-93-6051,2737- 182-93-6052,2737-182-93-6053,2737-182-93-6054,2737-182-93-6055, 2737-182-93-6056, 2737-182-93-6057,2737-182-93-6058, 2737-182-93-6059,2737-182-93-6060,2737-182-93- 6061,2737-182-93-6062, 2737-182-93-6063, 2737-182-93-6064, 2737-182-93-6065, 2737-182- 93-6066,2737-182-93-6067,2737-182-93-6068,2737-182-93-6069 APPLICANT: The Residences at Little Nell Development, LLC REPRESENTATIVE: Sunny Vann (Vann Associates, LLC) SUBJECT & SITE OF AMENDMENT: The Residences at Little Nell 501 E. Dean Street SUMMARY: The applicant has requested an Insubstantial PUD Amendment to the Residences at Little Nell for miscellaneous design/structural/architectural changes. The amendments include: â€¢ Revised Rooftop Stairs - The stairs have been narrowed to accommodate the equipment room enlargement. â€¢ Pool Access Control Gates - Security fencing has been added for controled access to the pool. â€¢ Egress Easement - An emergency access easement onto Dean Ave. from Aspen Ski Company to WE the Residences at Little Nell has been granted. o E â€¢ Revised Egress and Rear Residences Access Structure O 32 - The roof assembly had been changed because of building code requirements. CO â€¢ Revised Unit B Roof Configuration Zateo - Roof changes were made to accommodate floor plan changes. 1- el 3Â£ 0-9 9- 0 â€¢ Revised Main Mechanical Exhaust Shaft Roof Assembly and Finished Roof Elevations 1.UNrn Q 0 1 1.1-'= - A 5 ft high screenwall to hide mechanical equipment/vents on the roof has U.140* been added. â€¢ Revised Elevator #4 Overrun - Distinguishing between the elevator overrun and stairway on the roof. â€¢ Revised Pool Equipment and Rooftop Restrooms #: 552703,09/08/2008 at Code NOTICE tkin County, CO .. - The restrooms were enlarged to meet occupancy codes. â€¢ Elevator #7 Overrun - A 10' by 10' addition for elevator overrun has been added. â€¢ Affordable Housing Units - The counter space requirements were adjusted and changes were made to be able to accommodate for ADA requirements. â€¢ Revised Restaurant, Bar and Kitchen - A restaurant Prep kitchen and service kitchen have been added and the lobby area has been extended by approximately 100 sq. ft. Ordinance No. 30 (Series of 2004) approved the final PUD for the Residences at the Little Nell. The site is a mixed use, timeshare lodge, primarily zoned Commercial Lodge (CL), with a PUD overlay, which consists of 26 fractional ownerships, 8 lodge units, 8 affordable housing units and approximately 8,900 sq. ft. of net leasable area. STAFF EVALUATIONS: Staff supports the proposed change to the Residences at Little Nell through an amendment to the PUD and Development Order related to the Environmentally Sensitive Area (ESA). The changes proposed are consistent with the approvals granted in Ordinance 30, Series of 2004 approving the PUD. The changes allow for various small revisions to the project' s architecture (stairways), more detailed design development (roof configuration/assembly, elevator overruns) and compliance with building code requirements that are minor in nature (pool access, restrooms, ADA requirements). In addition, the amendment makes note that an emergency egress easement had been granted to the Residences at the Little Nell from the Aspen Ski Company onto Dean Avenue. The proposed changes necessitate an amendment to the Environmentally Sensitive Area Development Order. The proposed changes minimally alter the approval, as the improvements are generally interior or on the roo f of the building. The changes will not affect the nature of the natural watershed, runoff, drainage, air quality or the grading. DECISION: The Community Development Director finds the Insubstantial PUD Amendment and Insubstantial Amendment to the ESA to be consistent with the standards within Ordinance No. 30, Series 2004, and thereby APPROVES the amendment for the miscellaneous changes. APPROVED BY: QUAL Chris Bendon Date Community Development Director Attachments: Exhibit A: Approved Changes on Plan Set Exhibit B: Review Criteria Exhibit C: Application 0 -_ _ I r--ammr-1 -Ii I. 510205 8 2 iMMill lillillillillimillillill milli ilillill 05/17/2005 03:54 Page: 1 of 4 f===- SILVIA DAVIS PITKIN COUNTY CO R 21.00 D 0.00 . Il -- L-=mmm REVOCABLE ENCROACHMENT LICENSE Imm==- License Number:, County Recording Data: Reception Number: 'Book Number . Page Number. - ({<11{(([ffr{{({((till ===. 1}}11,1,1)11.,2))1}11111 /NSTRUCHONS: COMPLETE THE FOLLOWNG SECTIONS AS /TAPPUES TP YOUR REQUEST THIS LICENSE ISFOR: (CHECKONEONLU 1 O TEMOPORARY SHORTTERM OCCUPKnON OFPUBUC ROW FROM - TO ' Q TEMPORARY, PERPETUATED U]mL REVOKED BY THE Crm - 0 TEMPORARY FOR PRE-EXISTED CONDmON AND PERPETUATED UNTIL REVOKED BY THE Crm - This Agreement made under this license ahd entered irito this day of , 2001 by and between the ClTY OF ASPEN, Ptkin County, Colorado: hereinafter referred to as'ASPEN" and The Residences at Little Nell ~ at 302 East Hopkins Avenue, Aspen, CO 81611 Derpl nnment, T.T.C - , Frirt Fld! Name) Â· Â· ~. Flk Legal Ma* Address) daytime phone number 970-544-0499 , hereinafter referred to as 'Ucensee", WHEREAS, Licensee is the owner of the following described properties located in the City of Aspen, Pitkin County, Colorado: | Street Address: ~ Legal Address: Lot 1, The Residences Et Little Nell Subdivision/PUD WHEREAS, said properties abut the following described public rtht(s}-of-way: Dean Avenue WHEREAS, Ucensee desires to encroach upon said right-of-way for the following purposes and as shown and described in Exhibit "A", attached to this Ucense: Enroachment of Residences at Little Nell Building (2,665 sq. ft. baildin-g: encroachmept) WHEREAS, Section 21.04.050 of City of Aspen Munidpal Code delegates the .authority to the Cibf Engineer b.grant encroachment licenses, WHEREAS, ASPEN agrees to the grant of a private license of encroachment as builtsubject to prtain conditions, THEREFORE, in consideration of the mutual agreement hereinafter contained, ASPEN and Licensee covenant and agree as follows: 01. A revotable license is hereby granted to Ucenseeto occupy, maintain and utilize the above described portion of public right-of-way for the purposes described. 02. This license is granted for a specific use and within a specified term as checked above, subject to being terminated at ~ any time and for any reason at the sole discretion of the City Engineer of the City of Aspen. 03. This ficense shall be subordinate to the right of ASPEN to use said area for any public purposes. 04. Licensee is responsible for the maintenance and repair of the pubic right-of-way, togefier with improvements constucted therein, which ASPEN, in the exercise of its discretion, shall detdrmine to be necessary to keep the same in ~ ~ a safe and dean corâ‚¬ian. The Ucensee shal obtain right-of-way and Building Pennit as required by the City for any 1 '' .~-= 391 1 Ill 11 1-11Ill lilli lilli 510205 Page: 2 of 4 11Â·31Â·110=Â·.%112: 1 362.5Â·33Â·(Â·.*33-3.,Â·1Â·2121121'-2*2.2.<,:2.â€ža;~t#2:2~.Â·2Â·21' 05/17/2005 03:54 SILVIA GMÂ£.5 Fi-KIN COUNTY CO R 21.00 D 0.00 - -- 14:The licensee waives any and all daims against the City of Aspen for loss or damage to the improvements constructed ~ i within the encroachment area. 15, The Licensee dearly understands the following actions of Licensee or his/her agents and employees shall automatically terminate and cancel this agreement.~ a) Discon#nuation of insurance coverage b)Change of ownership oraltention ofuse from the original specific use in encroached area c)Resfriction of ASPEN or its agents and contractors #om access to its public /and under the encroached area not occupied by a previously constructed building. . ~ . Under these circumstances; the Ucensee shall restore the right-of-way under the encroachment to its original or better conditions immediately and in accordance with the latest Engineering Department standards for improvements of-Public right of way. . IN WITNESS WHEREOF, the parties executed this agreement at ASPEN the day and year first written. - -- -- ---r-- 9-- The Residences at Little Nell Development, LLC, a Delaware limited liability paYÂ®Any A - By: Aspen Land Fund- LLC,/6 CoyoK#do Ilmlted N liability company, fts,Mah*41.ng,0*mbdf 1~ ~ (Licensee) Byi 7 .,1 /ro~~ Pete*son, luthoN.zed Signatory . THEFOLLOWING SECTION MUST BE COMPLET* BYA NOTARY PUBLIC: STATE OF COLORADO) ) SS. ' County of Pitkin . ) The-foregoing instrument was acknowiedged before me this I l.rk day of rn 8-4 - , 2005,by Brooke A. Peterson as . *igir.we* 'adthoyized Â· signatory for Aspen Landd Fund, LLC, a Colorado limited liability comBdny, -Mana@**g- Member of The Residences at Little Nell Development, LLC, a Delaware> 11;nited_ 22,â‚¬6~lity company. 2 ' e -ze-,2 4- WITNESS MY HAND AND OFFICIAL SEAL. Â· i { i 1 Â¥*46?,9 1 1- 1 -*29 i My commission expirds: 4<24~02 41~=0.- 4 4-- - Date 60DE. mAU Nobly Pubic A-s -pÂ«4 ,--.2 Vi i' *3< Address '1111{[{Il<tf<11(ft'll=il,1,]}},1,11)1})1]}JJ) - (DO NOT WRITE BELOWTHIS LINE, FOR CITY USEONLU ~APPROVAL COND/l?ONS Ust,an,1.. ~ ~ CITY OF ASPEN, COLORADO < ~ NICK ADEH: P.E. 8*ngineer AlTEST: 46*,24Â«z;CU< 46--wa 5 AG /zoos ~ 2 v R 9-1.Indlryar'U 76, ria.6 j . 510205 ---- 1 Page: 3 of 4 --- 1 -1111 111: 1 Ilir 11111 1111 1-1\111 1111Tnill ill'11 05/17/2005 03Â·54 SILVIA DAVIS PITKIN CO_NTY CO R 21.00 D 0.00 , EXHIBIT MAP OF: BUILDING AND UTILITY ENCROACHMENT DETAIL A PARCEL OF LAND SITUAIrED IN SECXION 18, TOWNSHIP 10 SOUTH, RANGE 84 TEST oF THE SIX'nI PRINCIPAL MERIDIAN, CITY OF ASPEN, COUNTY OF PITKIN. STATE oF COLORADO SHEm.1.2/-2 49222EESSEEÂ» ' 9,1 A n -0.0 Le,-- 3 1 :M A! | A74'50 '49"E m#100.00' ill' fiN 1 1, M N ,$44 \ r t- 11 . #Â¤ 3 ti.F---Ii*.I: 1 1 i - WE~â€¢I NEEBiÂ¥ Â»2- 4. 11 iD. :iFI E -9 1 _ -1- ,/2-7/*~A/1 . --' r . 1 I E N14'50'49"E ---1 15.69' _ l_i 111 2211 RESIDENCES AT LITTLE NEU k SUBDIVISION/FUD 1 6. , BUILDING ~~' ENCROACHMENT 20.0' U. 2,665 sq.ft i 0 R 1-1 M 11 n %.11 N ,- CORNER NO. 9 49 la 1 -jL_..9~~ H n-, 1/ ASPEN TOWNSITE IÂ©O\,_ 36=2-i~*# FOUND CAP IN BRICK PAVER /m LS. 020151 r.- A /- -ka \F \ 814*50'49"lr r b 1 22.64' .. W- A r u iwi#-444*KE 69.06 1- UTILITY ENCROACHMENT 496 sq.ft. * N75=09'1rW Nâ€¢10'01'52-W ~'~F~ ~ 4.10' 24.05' ~~~~8 5 ~ 1975*09'11 -W i.//m/m// .9 .E. Lat 2 S?4~Â°'49-Â»:a FIRST AMENDED PLAT OF LITTLE NELL SUBDIVISION SCALE 1 "=30' SOPRIS ENGINEERING - LLC CIVIL CONSUWANTS 502 MAIN STREET, SUITE AS rUPRONDAT-le rAT-nuAnn m e,q NORTH OF NELL CONDOMINIUMS 1 illill Ilill lilli l) Illl Ill~Ill lilll ill Ill?Ill illl - 510205 Page: 4 of 4 SILVIA DAVIS PI-KIN COUNTY CO R 21.00 D 0.00 05/17/2005 03.54 PROPERTY DESCRIPTIONS OF: BUILDING ENCROACHMENT AND UTILITY ENCROACHMENT A PARCEL OF LAND SITUATED IN SECTION 15, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF Tim SIXTH PRINCIPAL MERIDIAN, CITY OF ASPEN, COUNTY OF Pm'K[N, STATE OF COLORADO SHEOL.UE-2 BUILDING ENCROACHMENT PROPERTY DESCRIPTION A pamet of land situated in the Guy of Aspen Dean Avenue .Right-0,1-Way, being in Section 18, fownship 10 South. Range 84 Fest of thâ‚¬ 812:th Principal Meridian and mo,Â·e particularly des=ibed as JbuowsÂ· Beginning al the northwest corner of Lot 2, according to the Finst Amended Pfat of Little NeU Subdivâ‚¬sâ‚¬074 ncorded as Reception No. of the Pitkin County vecords. whence Corner No. 9 of the Aspen Townsite Bound=Tw bears N.40'01'52"lr. 27.96 feet. the TRUE POINT OF BEGINNING; thence S.14*50 '49"F., along the weste,ty boundary Zinc of said Lot 2 a distance of 3.84 Jeet to the no,theast corner of Lot 1, ResÂ·idences at Little Nell Subdivision/PUB. according to the Final Mat thereof recorded as Reception No. of the Pitkin County Reconis; thence leaving said weste,4/ boundary line N.75*09'11" r, along the northeriv boundarv line of said Lot 1 a distance 01 169.86 jket; thence lecwing said northelly boÂ·undcurv IiÂ·r~o N.14'50'49"E.. a distance 4 15.69 feet; thence S.75~09'05'E.. a distance of 169.86 feet; thence S.14*50'49"1.. a distance of 11.85 ject to the POINT OF BEGINNING. Said paycel d Zand containing 2,665 square jbet, more or less. UTILITY ENCROACHMENT PROPERTY DESCRIPTION A parcel of land situated in the City of Aspen Dean Avenue Right-of-ray. being in Section 18, nnunship 10 Eouth, Range 84 ]Fest d the Sixth Principal Aferidian and mon partict,lady descnbed as /bUows: Beginning at the noihwest corner of Lot 2, according to the First Amended Plat of Little Nen SubdivisÂ·Â£074 reco,ded as Reception No. of the Pitkin County reco'rds, whknce Corner No. 9 of the Aspen Toumsite Boundarld bears N.40*01'52'16 27.96 jbet. the TRUE POINT OF BEGINNING: thzÂ·nce N.14'50'49"Eâ€ž a distance of 11.85 Jeet; thence S.75'09'13"E.. a distance of 24.60 jeet: thence S.14'50'49-F., a distance of 15.69 jbet to a point on the northerly boundary Une of saâ‚¬d Lot 2, thence S.14'50'49"Ir., along said northe,ty boundary Zine a distance 10.00 ject, thence co,di,zuing along said i no,therly boundary Zine N.75*09'11"Ir., a distance of 4.92 Mt, thence continuing along said northely boundarw ling N.40~01'52-W., a distance of 24.05 jeet to the POINT OF BEGINNING. Salict panel of Und containing 496 square fid, mo're or tess. SOPRIS ENGINEERING - LLC Crm CONSULTANTS 502 MAIN STREET, SUrrE AS r'API}nly=nATP BATADAnA 01 eDo .. -EXHIBIT-~ Ib ASPEN * PITKIN COMMUNITY DEVELOPMENT DEPARTMED'T PERMIT AP.1 "23 PITKIN COUNTY C] CITY OF ASPEN [E 130 South Galena 970 / 920-5526 970 / 920-5090 Aspen, CO 81611 970 / 920-5532 Inspection Line 970 / 920-5448 Inspection Line PERMIT NO. Applicant to complete numbered spaces only. Permit JOB ADDRESS 1. 40) â‚¬49 fÂ»94 457-narr BD LEGAL [.drNO BLOCK TRACT OR SUBDIVISION ( O SEE ATTACHED SHFEr CO 2. DEsc. 4-Â£3-7- , F@Woake~ 17 077-02 0*2.c DE OWNER MAILADDRESS ZtP PHONE 37Â£G4/R54Â£234 47~6/7716 +-02- ac~_3362-6.*ng#41 â‚¬4+.01-59 FD OWNER'S AUTHOR!ZED AGENT MAIL ADDRES@~ PHONE / LICENSE No FN 4 /3,16Â»'<iâ‚¬ rETE/193kj 54142 MH CONTRACTOR MAIL ADDRESS PHONE LICENSE NO MS 5. RF ARCHITECT OR ENGINIEER OF RECORD MAIL ADDRESS PHONE LICENSE NO 6Â· ~056(566# /-569Â«/ 17-0/9/0 4-30-72-79-/Â«,/3UMJUÂ«3 as 24-744-47 9,\ ENER<~ CODE FEE USE~AX CENSUS CODE G.I.S. FEE CUSS OF WORK 7.ANEW E ADDITION O ALTERATION O REPAIR D USE OF BUILDING O SINGLE FAMILY O MULTI-FAMILY PLANCHECKFEE PERMIT FEE ZONING FEE 8. o COMMERCIAL/RESIDENTIAL,XEOMMERCIAL Abâ„¢ER --I f crt=t=- . VALUATION OF WORK EXJSTING SO. 'FOOTAGE SQUARE FOOTAGE Type of Construction Occupancy Group Lot Area 9.$ 10. THIS PERMIT 11. Is there food service in this building O YES O NO Size of Bulldine No. of Stories Occ. Load (1-otal Square M 12. Is LPG usedc|YES[~10 NO. OF BEDROOMS ~ LIse Zone Fire Sprlnkbs RequEed? ~ Yes O No 13. Parcel ID#call 920-5160 EXISTING ADDED Alarm System Required? OYes ONo 14. Description of Work No. 01 Dwekng Units OFFSTREET PARKING SPACES Covered UncoveÂ·ed 4614 rn,*411- SPECIAL. APPROVALS REQUIRED AUTHORIZED BY DATE ZONING H.PC, PARK DEDICATION ENVIRO. HEALIH PRESUBMITTAL APPLICATION ACCEPTED PLANS CHECKED APPROVED FOR ISSUANCE ENGINEERING BY BY BY BY PARKS N,KFURAL RESOURCES DATE - DATE DATE DATE- FIRE MARSHAL NOnCE WATER TAP SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL PLUMBING, HEATING, VENTILATING ASPEN CONSOL SAN. DIST. OR AIR CONDITIONING. THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS . OTHER NOT COMMENCED WITHIN 12 MONTHS, OR IF CONSTRUCnON OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 180 DAYS AT ANY TIME AFTER WORK IS COMMENCED. PAYMENT OF PITKIN COUNTY USE TAX 1 HEREBY CERTIFY THAT I HAVE READ AND EXAXAINED THIS APPLICATION AND KNOW THE El MONTHLY OR QUARTERLY RETURNS WILL BE SUBMITTED. SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOV- ERNING THIS TYPE OF WORK WILL BE COMPUED WITH WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATEE U DEPOSIT METHOD .5% OF 25% OF THE PERMFT VALUATION PAID AT ISSUANCE A ANAL REPORT ON TOTAL ACTUAL COST MUST OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CON- STRUCTION OR THE PERFORMANCE OF CONSTRUCTION. IT IS MY RESPONSIBILITY TO BE FILED WITH IN 90 DAYS OF SUBSTANTIAL COMPLETION OF REVIEW THE APPROVED PLANS AND ANY COMMENTS THAT ARE CONTAINED THEREON WORK AND / OR ISSUANCE OF THE CERTIFICATE OF OCCUPANCY. AND SEE THAT THE STRUCTURE AND/OR PROJECT IS BUILT IN COMPUANCE WAH ALL - APPUCABLE CODES. LI EXEMPT: EXEMPT ORGANIZATION E] RESALE STATE & PITKIN COUNTRY RESALE NO. SIGNATURE OF CONTRACTOR PATE} ANYONE WHO USES AND /OR CONSUMES BUILDING MATERIALS AND FIXTURES IN Pin<IN COUNTY S SUBJECT TO THE .5% USE TU. PRINT NAME PROPERTY LENS MAY BE PLACED ON THE OWNER'S AND /OR THE CON- TRACTORS PROPERTY WHEN USE TAX IS NOT PAID SIGNATURE OF OWNER OF OWNER BUILDER) (DATE) THIS FORM IS A PERMIT ONLY WHEN VALIDATED WORK STARTED WITHOUT PERMIT WILL BE DOUBLE FEE Energy Code Fee Plan Check Fee Zoning Fee GIS Fee Permit Fee Use Tax Deposit Fee Other Fees Print This Form Reset This Form WHITE-FILE COPY CANARY-APPUCANT CONTACT/CELL PHONE .. 173Â£ CA: of ASPEN CITY OF ASPEN SIGN PERMIT APPLICATION CHECKLIST NOTE: This is a general list of required information. More information may be required as each project is individually evaluated. When such a request is made, the application can progress only after the necessary information is received. o Permit application form (including legal description and parcel ID number o A letter of consent from the owner ofthe building ifthe applicant is not the owner or tenant o Proposed location of sign o A blue print or ink drawing of plans which include method of construction for the sign and it' s supports, proposed dimensions, materials, color, type, intensity and design ofthe sign's illumination, ifany. o An 1 1 x17 (size of paper) copy of plan o The dimensions, measurements and calculations of building frontages and line frontages on streets and alleys; the dimensions of any other signs located on the property; and any other information needed to demonstrate compliance with appropriate sign regulations. o Is the sight listed on the "Inventory of Historic Sites and Structures"? (Check with the Historic Preservation Officer at 920-5090) 7-na reara_Kel 41- 017-te,8-L_ r-) 6Â«1-Cr) 48-IT U-A Owner *>' 6. 4 re*U ghee--r Job Address G:\city\Handouts On Wall\sign permit application.doc .. ... ... ST(~ i 0 X // /]DESIGn . O SM g>' 'Giving shape to ideas.'. - RESIDENCES AT THE LITTLE NELL Proposed Master Sign Plan v2.3 EXTERIOR SIGN SYSTEM April 17, 2009 Yaseen Design Studio LLC 434 Turner Drive Durango, Colorado 81303 USA v 970.247.4467 f 970.385.4005 YaseenDesignStudio.com ... yds@frontier.net V 1_y ASEEnA .. '[DESIGrl ~~ f -A g>' 'Givi,w shape to ideas: Attn: City of Aspen, Community Development From: Andrew Baca, Project Manager, YDS Re: Master Sign Plan Proposal Residences at Little Nell September 17,2008 General Narrative: This proposed Master Sign Plan for the Residences at Little Nell, 401 E. Dean St., Aspen Colorado, has been separated into three distinct elevations. The East (S. Hunter St.) and West (Galena St.) elevations request 20 square feet each of aggregate sign area per building faga(le. The linear frontage of these two Elevations allows for a maximum of 20 square feet (Aspen Municipal Sign Code 26.510.130 D. 1.c (5)). A Lotting and Easement Plat showing the linear frontages for this project is included in this proposal as Exhibit. 'A'. . The North elevation (Dean Street) focuses on the creation of a 'Pedestrian Retail Plaza' along the RLN Dean ~Street Arcade. This proposal requests that the North building elevation be segmented into individual 'store fronts'. This concept replicates most of the commercial streetscapes existing within the CBD. At 214' of linear frontage, this is one of the longest commercial linear frontages found anywhere in the city limits. The specific details of this proposal are as follows: Increase the allowed aggregate square footage for the North Elevation to 68.5 square feet. The average lot / frontage in the City of Aspen is considerably smaller than the 214' of linear frontage existing at the North Elevation of the Residences at Little Nell. The factual basis for this request is as follows: 20 squarefeet of allowable signage area serves 60 linear feet of frontage (1 squarefoot of aggregate sign area for each three (3) feet oflot line frontage), 68.5 square feet of allowable area serves 214 linear feet offrontage. â€¢ As is demonstrated in Addendum 'B', the North Elevation has 6 distinctive architectural treatments which may be considered as different Elevations. â€¢ As there will be five (5) commercial spaces as well as the residences, a 'Pedestrian Retail Plaza' can be created via the use of varying sign types, including free-standing signage, awnings and window lettering. The free standing signage proposed herein, along the Dean Street Arcade, will employ different shapes and colors to reflect the individual identity of retail locations. The free standing sign posts are intended to accent the existing landscape and pedestrian walkway. They also 'emulate' design elements and coloration from the railings found on the building balconies. Page 1 014 .. As part of the proposed Master Sign Plan, a 'Special Provisions' sheet is included, shown as 'Exhibit B'. These Provisions will serve to prohibit the use of loud or obnoxious color schemes, improperly maintained signage, inappropriate use of lighting, homemade signs, etc. These Provisions will also require that should a tenant wish to install signage anywhere on this property, they will be required to apply for a sign permit through the City of Aspen, Community Development Office. All signage must adhere to the requirements of the approved Master Sign Plan as well as the Aspen Municipal Sign Code as appropriate. Thank you in advance for your attention to this matter, and please do not hesitate to contact this office with any questions or concerns. Page 2 of 4 P :iseen Design Studio, 1.1.( 43.1 Turner Drive 1)itrango. Colorado USA 81303 .. V 970.247.116-7 F 971.385.Â·1005 If. Ads@frontier.net ....................::.............../..... ..... r/n l 9-1-0\ 9 1DESIGn| ~-com SYMBOL LEGEND AND SQUARE FOOTAGES FOR EXTERIOR SIGNAGE LOCATIONS 1 -A ~ Giving shape toideaC Jobsite Address: 401 E. Dean St. SUBMITTAL WEST ELEVATION NORTH ELEVATION 434 Turner Drive Yaseen Design Studio u.c ~SYMBOL LEGEND~ Durango, Colorado 81303 USA t#Â¢7 J Squar eet Feet yds@frontier.nel (*) 20 squ -- SIGN NUMBER re\ .5 Square Feet v 970.247.4467 3 f 970.385.4005 FS ~ / Square Feet PROJECT (63 KWE 5 Square Feet 501 South Dean Street Residences atthe Little Nell, PUD 20 Square Feet Total Aspen, Colorado - SIGN TYPE * 3.5 square t WM = WALL MOUNT FS = FREE STANDING ru\\ Comprehensive Exterior quare Feet Master Sign Plan AW = AWNING WL = WINDOW LETTERING 5 MB = MENU BOX EAST E VATION FS 3.5 Square Feet ORIGINAL IbbUE 17 September 2008 REVISIONb 2 15 square F t %*Â¢7 5 Square Feet rE C 917 3.5 square E *~ J S are Feet Kmj 5~~qtfa re Feet t*@7 4 Square Feet (exempt) ~-4 Square Feet (exempt Master Sign Plan This proposed / /71 has been prepared 20 Square Feet Total ~/ 49 3.5 Square Feet for conimunicating /9-al signage types t*Â¢7 5 Square Feet placement and applicable ~ O SCILIaref~k-(lettering only) square footages. 4 933-1 r / N ot for Aw 54 uare Feet (lettering only) construction. 68.5 square FeeyJEefi NTS Page 1 of 6 Â©2008 ... Â«431(: shown via electronic media mav not a' 11 . final nroduction Colot : romm .. elimE!. -T// / Square Footage Matrix of Exterior Signage by Elevation ~DESIGn| ,3- ' PERMIT SUBMITTAL NORTH ELEVATION EAST ELEVATION }U.icen De.fign Studio 434 Turncr Drive Duranxio. CohnÂ·ado * 10 Square Feet SUOR (3 1 1 Â£1> q f/7,1/Na- na Storefront A * 1.25 Square Feet 14.25 sf + 3 Square Feet v 91.24-.146 Elevation 1 9 -0.45.,005 /96) 1.5 Square Feet A ~ 6.9 Square Feet Storefront Elevation ~ 1.5 Square Feet / 1.25 Square Feet Residencesatthe Little Nell, PUD 501 South Dean Street 2*1 Aspen, Colorado (exempt) 4) 10 Square Feet 11.15 sf (exempt) Comprehensive Exterior Master Sign Plan Storefront B * 1.25 Square Feet 15 sf Elevation 6.9 Square Feet 2.5 Square Feet Storefront B Elevation * 1.25 Square Feet Â»7 6.9 Square Feet - I v2.3 17 April 2009 Storefront C 1 6.5 Square Feet 13.8 sf 9 sf Elevation /311 ~ 2.5 Square Feet 24.95 SF Total Storefront 4) 6.5 Square Feet [Spread over 2 separate & distinct elevations] SYMBOL LEGEND Elevation D 9 sf *p 2.5 Square Feet SIGN NUMBER WEST ELEVATION Storefront E * 6.5 square Feet -- - 6a 9 sf AW WM = WALL MOUNT SIGN TYPE Elevation 48 2.5 Square Feet 1 uare Feet FS = FREE STANDING 10 Sq Storefront AW = AWNING - Elevation A WL = WINDOW LETTERING MB = MENU BOX Storefront F ryh ~ 3 Square Feet Elevation ** 10 Square Feet 10 sf -- - NTS 66.25 SF Tota I 1 3 sIr Total [Spread over 6 separate & distinct elevations] Page 1 of 6 Â©2009 ... Frontage @ Property Line: 214'-4" C /:mmm~ 9 T (/0\ 3--6/ DEsiGn ~ com PROPOSED EXTERIOR SIGNAGE LOCATIONS - North Elevation Total aggregate square footage requested: | d55;''Giving shape to Ideas 7 66.25 sf. Divided onto 6 seperate & distinct PERMIT Project Address: 501 E. Dean St. 9-1 0 storefront elevations. [ A through F ] ~UBMITTAL A ~ B I C I D E 1 ~-*/MEdi- LEGER[3~ -- SIGN NUMBER Yaseen Design Studio LLe 434 Turner Drive | ~ | | | | ~~ --SIGN TYPE Durango, Colorado WM - WALL MOUNT FS = FHEE STANDING AW . AWNING 81303 USA WL = WINDOW LETTERING MB , MENUBOX 11 yds@frontier.net 11 1 # I v 970.247.4467 huchw~ f 970.385.4005 - -- .<- %X- 1 1 - \ PROJECT i 4% Residences at the Little Nell, PUD 4 501 South Dean Street M \1 1. f '111 11. 11.1 Aspen, Colorado 1,1 ~ _ 1-1--1 ) 1~ ~~ 9 111 3 411 1 w < i : #. i0331 033][-7F] ) 1/ 4. -11 L__._.lE__1,1 ..9. .... L VV .1 I ' ir Comprehensive Exterior 96- --% - 5 - Â®Â®Â®~m~Â®EH1111 ' 0 Master Sign Plan [LUilLLil!11.1'Ill],111; - .i!63.L[liL_lpLL11 \ 70-1 2 f 0 K P. 11 1 11, 1 Eli U I , 0 \1 /7/ / ....: f f lilli - - - 6b > 4 :g .-Â· 1-77~1 0. i 4.. L /0, J // 4 1, 4 4 -NC--/NE / ' ORK.INAk ISSUE /'ll-- /*Ii) r 1 -13- ... fet*.14 : . # 1 eli 0.- LI , RE VIbIONS . I : .7.1 ./ .; tri -1.52Â¥,1,1 -~ 1 ../.-4-~~ R 0 Â£ - 1 /3 41.O' 44 24. E= IZIE .46' 1.1 2 ./le' 2...: ...1. 4.7- 1 - 22 4.- 7. .,i , 9,~ . .,1. f.t ~ 7Â·~k'* . ., '.Â£Â£l -- j . -2. 7. th P --C = 113 -/ I 4:N i LAG .1 w. $614 -1 ' " 4.91 1 -.12. . 1 r.t , - - -ki'' N.Â· 3-1 ...f I v2.3 17 April 2009 1 i .3'. v. Â¢ MEEE=E '44/ - -- ------- -- - - ----- 7,~,222:1 1 u!zi==U=-=-~~1~na~~~Â£3n~__=Â£1 ----~ --------- L--- _flailitical-m 41*foff_ --1 - L=====1 ===1_-1.-3 !=== 1. ===1 ,- = = = vE E R 9 1 1 1====E===1 1 1 Cish rish /2\ rah 7!F EW[7 EWL *Â¢7 This proposed li 1 11 Master Sign Plan /76% * 1- r--1 I iÂ»7 --- - - ---- - le~1Â»fE 1 --- has been prepared 1. m IN 1 - 4 for communicating /3 -1-_-8 2 - 22 40 signage types, - - ---------------- - placement and 1 f | ~ ~ applicable square footages. PLAN VIEW ~ '- ~ NORTH ELEVATION ~ Not for 1 \ construction. | * | Ul EL | Â© I 4~ NTS /2% *97 *@7 Page 2 of 6 Â©2009 ... L j ... /51 Proposed Sign Size: DESIGn| ~~~cc,i~~ g7 'Gwingshapeto \deas'3. 60" x 24" = 10 SF PERMIT SUBMITTAL Cut out logo shapes individuallytextured and Yaseen Design Studio Lic 434 Turner Drive patinaed / placed behind Durango, Colorado background pannel. 81303 USA yds@frontier. net ----low*4 - -Iwlilull#**11 i behind sign f 970.385.4005 White LED halo lighting v 970.247.4467 Brushed Residences at the Little Nell 1 Aluminum PRoll' r 1 1 501 Dean Street OWNER 1111 Primary Identification Sig North Elevation --11111~1~1-1--t~ CREGINALISSUE hr-'plelill)el Il ~ RÂ£VlbION 7, L~ULU. I tillj 11 60" 41 111 *3 17 April 2009 ... Master Sign Plan This proposed 1 1 -501 RESIDENCES has been prepared -- AT THE LITTLE NELL for communicating signage types, placement and 24" 144" applicable RE51DENCFS square footages. MI Not for construction. NTS f 1 124 Page 3 of 6 Â©2009 ... KiiWiREii, .. Frontage @ Property Line: 245'-3" ... PROPOSED EXTERIOR SIGNAGE LOCATIONS - West Elevation Total aggregate square footage 5-rA DESIGn~ 0-0).com Project Address: 501 E. Dean St. allowed forthis Elevation: 20 s.f. 47 'swing shÂ·ape toide.as' 13 sf Requested PERMIT ~SYMBOL LEGEND~ SUBMITTAL -SIGN NUMBER 1-1*1~111113~~!141~11'il]~Illl[ *f . 1 I /1, Uh - SIGNTYPE t FS = FREE STANDING WM = WALL MOUNT WL = WINDOW LET1ER,NI 0 33 MS = MENU BOX 434 Turner Drive Yaseen Design Studio LLC -- 1 1 1 .U== STONE JOF Durango, Colorado real 1 1 + 1 i- 81303 USA SLOPE<<n lili 1 1 1 .111=--7 +1 yds@frontier.net 11 1 1 4 /1 \ <21 h. - - 1 4 /// 4 9 - li b v 970.247.4467 1/0 [ f\ -1/ - .7 -NILIJ' f 970.385.4005 lk]Al: f 1 1 1 9.1 \ \ ~ , 1----T[--[f--T[-4[ i '2~1111=~1 0 k 1231'lUE+1 4,4~[4*wid~Mt:F-Â»~- - ---- - I I - i I - 1 2 7 1~-4 ~' I 1 ~Am Residences atthe Little Nell, PUD PROJL< 1 -m I . -0 -. -~ 1 -1- fÂ»---Â» 1-3- 1 ) 4- 501 South Dean Street i ' Aspen, Colorado 4 1 OPEN TO - 1 PORTE COCHERE < - 4 -- - I--4 --- OPEN - OPEN TO Comprehensive Exterior RAMP/LOADING ~ Master Sign Plan DOCK -1- ORIGINAL ISSUE :upte'(lit,Li Â£1 I 1 / ---It REVISIONS ; ]71111!) 1 ADDITIONAL ELEVATION NOT SHOWN 4 = 17 April 2009 Ir--1 *1i 0 , 44 v/ , Na 1 i <211.- / AIR-\1 ----7 %-r~l i . PLAN VIEW This proposed 1.1 Master Sign Plan 1111 1 PORTE COCHERE ALCOVE tin . 7- has been prepared RESIDENCES 047 41 ~ AT THE LITTLE NELL for cominunicating 24" 1- 1- -E!- 1-i,-,1-11- signage types, placement and applicable - square footages. [C] ...J Not for -- PLAN VIEW construction. BUILDING FACADE -/ - NTS + 1 LL-1 -1-1 - 01 _ _ Eli 1-1 1 11-1 - Page 4 of 6 Â©2009 ... ~--*AsEEn,1 .. ./f-1..... Te East Elevation at Gondola Plaza Frontage @ Property Line: 394'- 6" ~DESIGn y Total aggregate square footage per elevation Project Address: 501 E. Dean St. ' 'A' and 'B' is: 20 sf each (Balance held in reserve PERMIT SUBMITTAL : for potential future use.) A B SYMBOL LEGEND 12, jecn ned,un .jrudio 434 Turner 1)1Â·i,Â·e SIGN NUMBER DurantÂ® Colorado --- ri-11 V - twivil SIGN TYPE 6'/303 lAI r'th .i //7 Jil f /cr-nel 7-- Tenant Signage ME 1 97/.24-.444 4-#*%-14--h-:4-4.7 1 9-0.335.4005 1 Tenant Signage i Awning with Maximum of 6"lettering L'41L1_ 4 LIA+L#+~A 1 Residences atthe Little Nell PUD Future Tenant Signage 501 South Dean Street e White LED halo lighting Black 7 3 9 -- behind lettering Aluminum Faces Aspen, Colorado LUE -IN Im - -i Â· 3222 77" ~ L..._-MWI Ji 1 1 Er .~ ~Iffl U Â©211 Illli _ - Comprehensive Exterior 4 < > Master Sign Plan UleALM@ Pi t â‚¬' .V.I.,fâ€¢ ~i .Â· - T- ' 16.8 +40 -- -1 -- 26" Â£9 ! FaMI,|E.'llu-' - A--t p gr.-1 JJ VV Y O -2_K_- iICI_1 v2.3 17 April 2009 26" X 77" = 13.90 sf or 6.96 sf as a'Cut-out'Sign < RESTAURANT ENTRY 1 r Sign Measurements. 5,gn area is the area of the smallest geometric figure that encompasses the facing of a sign including copy. insignia, background and borders. Cutout letter signs are considered wall signs and their aggregate area shall be credited toward allowable . r sign area at one-half (1/2) the measured area. Where a sign has two or more faces, the area of all faces will be included in determining the areal 1-his proposed / except where the two faces are placed back to back and are at no point more than two feet from one another. No lettering on any sign, including cutout letter sig.5, can exceed twelve inches in height, except the first letter in each word, which cannot exceed eighteen inches in height. No logo on any sign, including cutout !etter signs, can exceed eighteen inches in height and eighteen nches in length Master Sign Plan C has been prepared for coniniunicating RESTAURANT re /6;3 Signage tr pes. *M/ Â»j placement und applicable Outdoor Patio Sqllart 1001:lge>4. 1 STAIRWAY h\t - 01 -- DN. ~~ ~OWN ~ ~ ~ Not f construct ion. ' 4 'r 47 NTS /*Gh Page 5 of 6 Â©2009 j 1 ' IE El::2 ..... 0-h 44 1 ~DESIGn| ~ com The Residences at the Little Nell :: Master Sign Plan (f,/ 'Givingshape to ideas,3. - -- SUBMITTAL SPECIAL PROVISIONS - Yaseen Design Studiour 434 Turner Drive 1. Under no circumstances shall a sign regulated by the Aspen Municipal Sign Code be installed without an Durango, Colorado 81303 USA approved sign permit' issued by the City of Aspen, Office of Community Development, Code Enforcement Officer. yds@frontier.net v 970.247.4467 All signage shall comply with the Aspen Municipal Sign Code and the approved Master Sign Plan for The Residences f 970.385.4005 at The Little Nell. PROJEC.1 Residences atthe Little Nell, PUD 501 South Dean Street 2. Businesses must install wall mounted signs only within the sign frames provided along the North elevation. Aspen, Colorado Signage must be approved bythe City of Aspen, Office of Community Development and the aggregate square footage must be consistant with the Master Sign Plan for The Residences at The Little Nell. Comprehensive Exterior Master Sign Plan 2. Architectural stone on the facade of the building shall not be drilled or altered for the purposes of any signage installation. ORIGINAL ISSUE 1 / ht'plt.1111),Â·i 2/)1);'Â·; Mortar excepted. Signage may be installed only at the locations designated by the approved Master Sign Plan REVISIONS 2 Â·' 1<iniian, 2009 for The Residences at the Little Nell. ,..11 11)'/i -1,. '/)09 v2.3 17 April 2009 3. Should any existing business owner or tenant annex an adjacent unit and/or expand their place of business, - the signage designated to that new retail space would automatically transfer to that business, provided there are no multiple/repeated graphic messages displayed. This proposed Master Sign Plan 4. All signage on the premises must be in clean and neat condition and must not become dilapidated has been prepared for communicating or unkempt in any way. signage types placement and 5. The use of Fluorescent / Day-glow colors and/or intense primary colored backgrounds shall not be applicable permitted. Signage must not include the appearance of changing color, brilliant luminescent colors and / or square footages. the garish use of color. All colors shall be used in a harmonious fashion. Not for construction. 6. Only signage of a high quality appearance & construction shall be installed. No 'homemade' signs may NTS be displayed on the premisis. Molded plastic letters and Generic looking signage shall not be installed under any circumstances. Page 6 of 6 Â©2009 ... yASEEn .. Plat (Lotting and Easements) Jobsite Address: 401 E. Dean St. -43 i ift 0* J U Jr Of REd_l D EXCES AT LITTLE 1- ELL SUBDIVJ S I 0-N/P 4_0 -PECT[(19 1-83-TOWNEHIP L-0 -SOUTH.-RANGE 84 WEST OF TTIE 6t.h P.M. CTTY OF ASPEN. COUMY OF PITKIN. STATE OF COLORADO ilit,ET 2 OF 2 ~ (LOTTINC AND EASEMENTS) 4 BA_zIA I'-k. 5'06'W 6/ZF#W 572Â£Â£7 I *357 R.Oht CONDOM...3 GALENA PLACÂ·E TOWNNOME CONOCAPUUMS 1 PLAT ./ 9 I FC 20 PLAT I. 23 I Fe. a. N '4'50/9 k Joe 96 \ . /PÂ£ 1 B IMENEJED 'cl - . 13 - 4 -1 rl -MA ..RAIi - y "PPLE â€žOLL& 3993,/ISCJ. CON'DO.L ...7 B. 3 ./ 976 R . Cuâ€¢C REBAR a I I - - k ' t .'JO jo I I45 24 Â·Â·Â·Â·. .r.ZS-/ ./SE.L. CED~CA'ED 26.2 :17 1 W---= r 51 J'LD tl ' i 'J Of'.~ ... 7 - - -,6 7 - r - - - . N'LE .)Of)9 La.,0Sf~I / . / B'* :* Â£/ &;,A, f>W aut+ .â€¢rl' Â·r ./ 1. d.#I LOT ' FIRST AMENDED k ./ V . :,sc~n. *.c ~6,1. Cy ,Â£.Â¥ 1 .... I.Â· r....Â· ..... I ./. JEL)~C/711 ar TWE PLA :0%:11/ t.*:'21.1 .S- 1 4.-04 ,-493/ 1 ....13Â·10/ Câ€žr|. . Wibu :ISEA~El- b .Â£.J CA'll~ I'l=m& 9 : . 19 0.51 20'Ar.0 er -w' I. ' S. DEDCA-// 1/â€¢ID@,P- 7 1.1/7 2 -2%7 ,#Â£49~'/ 1 , PLAT OF TIPPLE WOODS / ....SION . .0/ .- -%-- 1.91:721:t:-% ,~TIL'. E-/4Â£,IENT 4 ul.42 3 QEBA? ~ . I 7*/ %L. *8 ;./SIC. M. MI. 95 ~ AO~f-40 49' 2 STAMeLASF EASE~ENT % i '.Dic..=11- 4 4 32& :1 H,{U=ky '-c --1-. :7 - --*1 7k,/ =LAT Br ' I Jt e 25.: 4 \ 4. '2).5. I . 4/ / 17- . ': ~Â« g. .5 .: V .'... .s.- )r-".%. - 1 N - 21 â‚¬5â€ž)A m.666 / 71 - /07 ' R.5 DE....3 AT .TTLE NF.I,L SUBDivt<kle.N/Ill 2 1 Â·V.0 7 90~.Â· _ # FriLT:p:,0 â€¢SPE~ 0 ar JAI. 0' Iâ€¢~ I 07 3 0-/4--I L 44 â€¢vENLE 7 i. y .4. 1~ A-LAT OF TIPPLE ~001)~ .* I .K H i i 1.'Bld./.A . 1 ': ArBA' 4 â€¢ _ 3 /6'29 ~ , i 4 ! % G'30 00' E 1.9.- -.~'.. ' UP>It .... .- .Â£-= . M.M. 4 ' 3*Â·Â· H 3 ~PfÂ·Â· -Câ€¢Ih=- ~ â‚¬82/TAW 3% /25959 : 'v-DW~ f. . .i. CA g Al. 4 Â» 7 , ~20" 9 9-. . I ./ ./. 5 :Im 1 . X I . i 0 2 1 i --- ./ --% 5 5/ C -ASE./ 4 I~ Mell - r <744.50 49... 4.- 434Â°50 40Â·' 639 .6 4 ,2â€¢1 M "r , RLCPT .'' 5.,1.2 I ' ..I .... A - - 3 8, 26/7.Py im I 11% ...92.49 I ke /4 *.. I & 4 i :4 : 6 % 3 .RST AMENDED PLAT I LOT 2 FIRST AMENDED PLAT OF -I Â£4/115. LCU 3. '- .... .ELL PURI}~~f... .... -I ' ' Li77Lf VLL SE'~DfacION 44% AWENCC E-â€¢- I --_I ... ~S' ~~ENJ- -Â·A 2-'.~ ~ L...al 9 <RiPHIC g .1.F VAKY ' 8-d~h ~~ 42 -- -- 1,1~ 2)1.*12_ L.\Cil\-LERL-\G I.1,0 CIVIL CONSULTANTS - - .... J 3 502 M.UN STREET 91!11 43 1RBONDAN- COIORADO 8162,4 97, , 701-1311 _12.-, 1-~- p =F ..../.*- .. ' Â©Yaseen Design Studio, LLC. 434 Turner Drive Â· Durango, Colorado 81303 Â· Â¥ 970.247.4467 Â· f 970.385.4005 Â·CREATIVE RIGHTS RESERVEDÂ· 42Â·. â‚¬ -1.2. s...â€ž-' so ..... ~e)' .com DESIGn 1 6/ RESIDENCES AT LITTLE NELL :: DRAFT MASTER SIGN PLAN PROPOSAL g57' 'Giving shape to ideas:7 SPECIAL PROVISIONS SUBMITTAL Yaseen Design Studio Llc 434 Turner Drive 1. Under no circumstances shall a sign regulated by the Aspen Municipal Sign Code be installed without an Durango, Colorado 81303 USA approved 'Application for Permit' submitted to the City of Aspen, Office of Community Development, yds@frontier,net Code Enforcement Officer. All signage shall comply with the Aspen Municipal Sign Code and the v 970.247.4467 f 970.385.4005 approved Master Sign Plan for Residences at Little Nell. PROJECT Residences atthe Little Nell, PUD 501 South Dean Street 2. Business owners may chose to install a custom shaped sign board on existing free standing sign posts Aspen, Colorado provided the signage is approved by the City of Aspen, Office of Community Development, and the aggregate square footage is consistant with the Master Sign Plan for Residences at Little Nell. Existing free Comprehensive Exterior Master Sign Plan standing sign posts shall not be atlered in any way, including painting or attachment of any additional signage or lighting. ORIGINAL ISSUE 17 September 2008 HEVIbIONb 2. Brick, stone or siding shall not be drilled or altered forthe purposes of signage installation. Signage may be installed only atthe locations designated by the approved Master Sign Plan for Residences at Little Nell. 3. Should an existing business ownerortenant annex an adjacent unit and/or expand their place of business, the signage designated to that space would automatically transfer to that business. This proposed Master Sign Plan has been prepared 4. All signage on the premises must be in clean and neat condition and must not become dilapidated for comnitinicating or unkempt in any way. signage types, placement and applicable 5. The use of Fluorescent / Day-glow colors and/or intense primary colored backgrounds shall not be square footages. permitted. Signage must not include the appearance of changing color, brilliant luminescent colors and / or Not for the garish use of color. All colors shall be used in a harmonious fashion. construction. NTS 6. Only signage of a high quality appearance & construction shall be installed. No 'homemade' signs may be displayed on the premisis. Molded plastic letters and Generic looking signage shall not be installed under any circumstances. Page 5 of 6 Â©2008 ... yASEEnl ..... RESIDENCES AT LITTLE NELL .. DRAFT MASTER SIGN PLAN PROPOSAL C /1.1~bl/2. eTA .. rDEFIGn] ~ com EXHIBIT'B' Â£~~ 'Giving shape to ideas'.3 SUBMITTAL h 1. uk~13=10/EN Yaseen Design Studio jir - i~.41 434 Turner Drive lE Durango, Colorado 81303 USA -70:,"0 yds@.frontier.net -I v 970.247.4467 . . f 970.385.4005 4= ': 0 ./ r ... .... PROJH 1 ' Residences atthe Little Nell, PUD 6 - 1 7-11%19 N ' 501 South Dean Street t. 21. - 1 27'. .-. - .2 1~ I~l .~I-~~~~- ~_ ~_~~ A Aspen, Colorado f r*-4 * - . 1 11 '- # . I- %09 n. i ....1 :.. Comprehensive Exterior - f I. Master Sign Plan ' F, , - . 1/ . I. .Ul 0. - i... , ORIGINAI !"11 17 September 2008 REVISIONS 4 --- il 2 1 --4. This proposed 1 Master Sign Plan 1 ) 11 k IN ~ has been prepared El 0 0 - 4 3 4 1~11 for communicating 11.J - - / 31- 7/ .1 signage types, -Â·--- --4 -----cz>-Â»2Â¤3;210 Elk--'~--X-* < * 0 0 - placement and C] N 1 3 , 1 /0 Y 1/Â¢ i~ >41 3. i 745?i:r.. -1 21 - 3-I \ \ 1\1192~]\ 1 12&,4 1 i applicable 1/ 11 11 1 LL_L=_-1 - -- 'N - il-3 -- - - -- - square footages. - . ': th, th.,42 f . /* et---. 4 7 Â®17 -: 4 Â·L Â·9 ffÂ·2 frÂ·Â¥4>*t 96%43 + 24 r... Va Â»14 Not for EfEEE= 6 Â· , -4'~RiP' 9, ; Ft?*" Lf.. I Â·Â· ' 52.- 4 3: . C. 92.irpl 34% ' .A,-4 -9.-- ' 9 1.9- 7'' f 5 -2-----------_ Â·Â·2-21.2 .1 . 1 9-'. ' 31= = construction. - ----- _- 7 --- AE_U_U_*_2112 ____ _hE *E_ _au ___ -= --- ...... 9--M NTS 3 6 3 3 29 e' 0 2 8 e 0* yf y* 3* 2* page 4 of 4 Â©2008 40 40 40 dee X.be ,<6Â© ... ............................................ .. l illi 1111 1 - 11 - 111 lilli lili 1111-11 11/15/2004 11-06A 504168 Page: 1 of 15 SILFIA DAL.5 FITKIN 2:L-TY CO R 76.00 D 0 00 OrdinancE?No. 30 (SERIES OF 2004) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING FINAL PLANNED UNIT DEVELOPMENT, GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS, SUBDIVISION, CONDOMINIUMIZATION, TIMESHARE, AN AMENDMENT TO THE OFFICIAL ZONING MAP, AND ACCEPTING A DEDICATION OF LAND FOR PUBLIC-RIGHT-WAY IMPROVEMENTS FOR THE RESIDENCES AT LITTLE NELL, LOCATED AT 535 DEAN AVENUE, AND AN AMENDMENT TO THE LITTLE NELL SPECIALLY PLANNED AREA, LOCATED AT 675 EAST DURANT AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID (Tipple Lodge Parcel): 2737-182-36945 Parcel ID (Tipple Inn Parcel): 2737-182-36291 Parcel ID (Tippler Parcel): 2737-182-96033 Parcel ID (Conservation Parcel): 2737-182-36877 Parcel ID (Aspen Skiing Company Parcel): 2737-182-00080 Parcel ID (Little Nell Hotel Parcel): 2737-182-50102 Parcel ID (Henn Residence): 2737-182-96002 Parcel ID (Anderman Residence): 2737-182-96005 Parcel ID (Jacoby Residence): 2737-182-96004 K Parcel ID (Westpac Residence): 2737-182-96003 WHEREAS, the Community Development Department received an application from the Aspen Land Fund, LLC (Applicant), represented by Sunny Vann of Vann Associates, requesting approval of a Final Planned Unit Development (PUD), Growth Management Quota System (GMQS) Exemptions, Subdivision, Condominiumization, Timeshare approval, Special Review, Amendment to the Official Zoning Map, Special Planned Area Amendment, 8040 Greenline Review, and a dedication of land to the Dean Street right-of-way for the Residences at Little Nell Planned Unit Development; and, WHEREAS, the application submitted for the Residences at Little Nell (plans dated May 1,2004) proposes a 108,000 square foot, multi-story structure consisting of 24 timeshare units, 8 hotel rooms, 2 condominium units, 8 affordable housing units, approximately 8,900 square feet of commercial space, and a 70 space sub-grade parking garage; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire, Streets, Housing, Environmental Health, Parks and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the Final Planned Unit Development (PUD), Growth Management Quota System (GMQS) Exemptions, Subdivision, Condominiumization, Timeshare, City of Aspen Ordinance No. 30, Page 1 Series of 2004. .. Illl Il lili lilill Ililll Ilill lillillilli 11/15/2004 11.069 504168 Page: 2 of 15 LVIA DAL.S PI [KIN JOL TY CO R 76.00 D 0.00 Special Review, Amendment to the Official Zoning Map, Special Planned Area Amendment, and 8040 Greenline Review and recommended approval with conditions; and, WHEREAS, pursuant to Section 26.430 of the Land Use Code, Special Review approval may be granted by the Planning and Zoning Commission at a duly noticed public hearing after considering recommendations by the Community Development Director. and relevant referral agencies; and, WHEREAS, pursuant to Section 26.435 of the Land Use Code, 8040 Greenline Review approval may be granted by the Planning and Zoning Commission at a duly noticed public hearing after considering recommendations by the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.310 of the Land Use Code (Amendment to the Official Zone District Map, Section 26.440 (Special Planned Area & Amendment), Section 26.445 (Final Planned Unit Development), Section 26.470 (Growth Management Quota System Exemptions), Section 26.480 (Subdivision and Condominiumization), Section 26.590 (Timeshare) approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies: and, WHEREAS, at their regularly scheduled meeting on June 2,2004, the Aspen / Pitkin County Housing Authority forwarded a unanimous recommendation of approval with conditions to City Council to approve the proposed affordable housing mitigation and replacement units for the Residences at Little Nell; and WHEREAS, Final Planned Unit Development (PUD), Growth Management Quota System (GMC)S) Exemptions, Subdivision, Condominiumization, Timeshare, Special Review, Amendment to the Official Zoning Map, Special Planned Area Amendment, and 8040 Greenline Review by the Planning and Zoning Commission requires a public hearing and this application was reviewed at a public hearing where the recommendations of the Community Development Director and comments from the public were heard; and, WHEREAS, the subdivision approval is for the amendment to the Little Nell Subdivision and adjacent Aspen Skiing Company parcel to create parcels to be conveyed and become part of Lot #1 Residences at Little Nell Subdivision, a replatting of the Tipple Woods Subdivision dissolving and replacing all former plats and renumbering former Lots 4,* 5, and 6 as new Lots 1, 2, and 3, creation of Lot #1 of the Residences at Little Nell Subdivision with new easements and boundaries and eliminating all former internal property boundaries and easements, creation of multi-family units on Lot #1 Residences at Little Nell Subdivision, and creation timeshare estates on Lot #1 Residences at Little Nell Subdivision; and, WHEREAS, during a regular meeting on August 3, 2004, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and continued the public hearing to August 10, 2004; then continued it to August 17, 2004 where the Planning and Zoning Commission approved the request for Special Review and City of Aspen Ordinance No. 30, Page 2 Series of 2004. .. Il jill INI li inli I illi~ ilill Ull li il/15/2004 11:060 504168 Page: 3 of 15 Lk -A [3.Vi S FITKIN COU TY C) R 76.00 D 0.00 the 8040 Greenline Review and recommended City Council approve the Final Planned Unit Development (PUD), Growth Management Quota System (GMQS) Exemptions, Subdivision, Condominiumization, Timeshare, Amendment to the Official Zoning Map, and Special Planned Area Amendment by a four to zero (4-0) vote, with the findings and conditions listed hereinafter; and, WHEREAS, the Aspen City Council has reviewed and considered the application according to the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the application meeting or exceeding all applicable standards of the land use code of the City of Aspen Municipal Code and that the approval of the proposal is consistent with the goals and elements of the Aspen Area Community Plan, and, WHEREAS, the City Council finds that the application for rezoning meets or exceeds the applicable standards for rezoning, including whether the proposed amendment is in conflict with any applicable portions of this Title, whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan, whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics, the effect of the proposed amendment on traffic generation and road safety, whether and the extent to which the proposed amendment would result in demands on public facilities, 0 and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities, whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, whether the proposed amendment is consistent and compatible with the community character in the City of Aspen, whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment, whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent of this Title, staff analysis of these standards included in Exhibit C of the September 27,2004, staff memorandum to City Council, and comments and testimony provided by the public during public hearing; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and wel fare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: The Residences at Little Nell project is hereby approved, subject to the conditions of approval listed hereinafter. Section 1: Rezoning City of Aspen Ordinance No. 30, Page 3 Series of 2004. .. The Official Zone District Map of the City of Aspen shall be, upon filing of the Subdivision plat and Final PUD Plans, amended by the Community Development Director to reflect Lot #1 of the Residences at Little Nell as included in the Commercial Lodge (CL), Conservation (C), and Lodge Tourist Residential (LTR) zone districts, as depicted in Exhibit A to this Ordinance and to be more precisely delineated on the Zoning Map of the Final PUD Plans. Section 2: Proiect Dimensions Considering the dimensions of the underlying zone districts of the Residences at Little Nell property as a guide, the following dimensions ofthe project are approved and shall be reflected in the Final PUD Plans: 504168 1111111 11111111111 lilli 11111111111111111111111111111111 11/15/2004 11:66A Page: 4 of 15 SILVIA DAVIS PITKIN COUNTY CO R 76.00 0 0.00 City of Aspen Ordinance No. 30, Page 4 Series of 2004. -~W .. 11111 1111111 lilli 111 lilli lili lili 11/15/2004 11:060 504168 Page: 5 of 15 .Lk -A DAK. S FI 'KIN C=l.TY Co R 76.00 D 0.00 Minimum Lot Size 66,737 Square Feet Minimum Lot Area per Dwelling No requirement IJnit Maximum Allowable Density No requirement 24 units, comprised of 19 three-bedroom units and 5 four-bedroom units. 16 of the Timeshare units timeshare units include "lock-off' units for a total of 40 rentable divisions. Lodge Units 8 units 2 Free-market units. Also see Section 9. Residential Units 8 Affordable Studio units. Also see Section 8 206 feet measured along the Dean Avenue Minimum Lot Width right-of-way. Minimum Front Yard Setback 0 feet Minimum West Side Yard Setback 0 feet Minimum East Side Yard Setback 0 feet Minimum Rear Yard 4 feet As represented on Final PUD Development Maximum Site Coverage Plan. Reference drawing #9 of application. As represented in the recorded Final PUD Plans Height Plan. Also see Section 3. Maximum Height Reference drawing #30 of application. The recorded Height Plan shall govern over the application drawings. Min. Distance between Buildings No Requirement 0 percent, provided areas outside the building footprint shall only be developed according to Min. Percent of Open Space the Final PUD Development Plan. Reference drawing #9 of application. Allowable External Floor Area 108,000 square feet. 2 short-term spaces within the porte-cochere 70 spaces within the underground parking Minimum Off-Street Parking Spaces garage. Reference drawings #10 and #11 of application. Section 3: Height Plan The Final PUD Plans shall include a height plan depicting the height of the building at various points relative to the lower of existing or proposed grade and relative to a fixed elevation control point. Section 4: Multi-Family Housing Replacement Program The Development Order issued commensurate with final approval by City Council shall constitute a "Certificate of Compliance" in accordance with Chapter 26.530 - Multi- Family Housing Replacement Program. City of Aspen Ordinance No. 30, Page 5 Series of 2004. .. 504168 Page: 6 of 15 lill illl -_111 lili li l li lilli 1111111111 11/15/2004 11:06A SILL -A DALIS FI-KIN GOLâ€žTY C ) R 76.00 0 0.00 Section 5: Impact Fees Park Impact Fees of $58,315.95 shall be assessed. Amendments to the Project or to the fee schedule adopted prior to issuance of a building permit shall require a new calculation. The following fee total is based on the current fee schedule: Park Fees - Proposed Development: 8 Studio affordable housing units @ $1,520 per unit =$12,160 8 studio lodge units@ S1,520 per unit = $12,160 19 three-bedroom lodge units @ $3,634 per unit = $69,046 5 four-bedroom lodge units @ $3,634 per unit =$18,170 2 four-bedroom residential units @ $3,634 per unit = $7,268 8,900 square feet of Commercial @ $1,785 per 1,000 s.f. = $15,886.50 Total = $1345690.50 Park Fees - Credit for Existing Development: 2 Studio residential units@ $1,520 per unit = $3,034 10 studio lodge units@ $1,520 per unit = $15,200 3 one-bedroom units@ $2,120 per unit = $6,360 9 two-bedroom units@ $2.725 per unit = $24,525 1 four-bedroom unit@ $3,634 per unit = $3,634 7 13,230 square feet of commercial @ $1,785 per 1,000 s.f. = $23,615.55 Total Credit = ($76,374.55) Total Park Impact Fee Due = $58,315.95 School Land Dedication Fees are assessed based on one-third the value of the unimproved land divided by the proposed number of residential units on a per acre basis. The City of Aspen verifies the unimproved land value of the lands underlying the Project to be $28,357,900 from information on recent transactions provided by the applicant. Divided by the 1.55 acres of land area (67,618 square feet), this results in a per acre value of $18,295,419. One-third of this value divided by the proposed 10 residential units results in a $609,847 per acre. standard for calculating the impact fee. The subject subdivision is not conducive to locating a school facility and a cash-in-lieu payment shall be accepted. School Land Dedication Fees are follows, payable at building permit issuance: 1/3 land Land Per unit Number value per Dedication Fee of Units unit per standard acre (acres) Studio/One $609,847 .0012 $731.81 8 $5,854.50 bedroom Two Bedroom $609,847 .0095 $5,793.55 0 $0 City of Aspen Ordinance No. 30 Page 6 Series of 2004. .. l il i li lli- lil li -11-li l i 11 111 lili lili ll 11/15/2004 11:06A 504168 Page: 7 of 15 SILV 'A CAL.S FITKIN JOU .TY CO R 76.00 D 0,00 Three $609,847 .0162 $9,879.52 0 $0 Bedroom Four Bedroom $609,847 .0248 $15,124.20 2 $30,248.40 Total: $36,102.90 Amendments to the Project or to the fee schedule adopted prior to issuance of a building permit shall require a new calculation. The above fee total is based on the current fee schedule. Section 6: Water Department Standards The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards of Municipal Code Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department, Section 7: Sanitation District Standards The applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed to ACSD Iines. All improvements below grade shall require the use of a pumping station. Section 8: Affordable Housing The applicant shall provide affordable housing mitigation for 60 Full-Time Equivalents in the following manner: â€¢ Eight studio rental units to be constructed on site and restricted to Category 2. â€¢ Fifteen units to be provided by the "buy down" of the Obermeyer Resident Occupied (RO) one-bedroom units. Seven of these units shall be Category 2 and eight shall be Category 3. â€¢ Eight three-bedroom for-sale units to be constructed at the Aspen Airport Business Center (AABC), known as the Alpine Grove Condominiums. Three of these units shall be Category 2 and 5 shall be Category 3. A Certificate of Occupancy for the Residences at Little Nell shall not be issued until such time as Certificates of Occupancy for the deed restricted affordable housing units, which are required for mitigation, have been issued. The employees to be housed in the deed-restricted units shall meet the qualification criteria contained within the APCHA Guidelines and the Obermeyer buy-down units shall be governed by the City Council approvals for the Obermeyer Place project. The applicant shall structure a deed restriction for the eight on-site studio rental units such that 1/10th of 1 % of those units are deeded in perpetuity to the APCHA; or the applicant may propose any other means that that APCHA determines acceptable. City of Aspen Ordinance No. 30, Page 7 Series of 2004. .. 111 11 11111-1 lil l i illi 111 lilli 1-11 Il 11/15/2004 11:06A 504168 Page: 8 of 15 S LA 'A DAVCS FITKIN COLNTY CO R 76.00 D 0.00 Employees to be housed in the deed-restricted units shall meet the minimum occupancof requirements under the APCHA Guidelines. The deed restriction shall be recorded concurrently with the recordation of the condominium map to the City of Aspen and shall abide by all restrictions as stated in the Guidelines. Section 9: Conversion of Free-Market Residential Units to Timeshare Units The two free market condominium units may be condominiumized and sold as wholly- owned residential units and occupied on a short- or long-term basis. These two units may be converted and included as part of the timeshare use plan pursuant to an Insubstantial PUD Amendment. Section 10: Subdivision Plat & Final PUD Plans Within 180 days after final approval by City Council and prior to applying for a Building Permit, the applicant shall record a Subdivision Plat and a Final PUD Development Plan. The Subdivision Plat shall comply with current requirements of the City Community Development Engineer and shall include: 1. The final property boundaries and disposition of lands to be dedicated to the Dean Street right-of-way. 2. The location of Revocable Encroachments for physical improvements within public rights-of-way with reference to agreements and licenses appended to the PUD Agreement. 3. The location of utility pedestals with access easements for the utility provider. Transformers and pedestals shall be located outside of the public right-of-way. 4. The applicant shall provide the final approved Subdivision line data or survey description data describing the revised street and parcel boundaries to the Geographic Information Systems Department prior to applying for a building permit. The final building location data, including any amendments, shall be provided to the GIS Department prior to issuance of a Certificate of Occupancy. The Final PUD Plans shall include: 1. An illustrative site plan with adequate snow storage areas and/or snow melted areas depicted. Approved proj ect dimensions shall be printed on the final illustrative plan. 2. A landscape plan showing location, amount, and species of landscape improvements with an irrigation plan with a signature line for the City Parks Department. 3. Design specifications and profiles for the Dean Street improvements. To the extent practicable, the design for Dean Street improvements shall be consistent with any final master design plan adopted by the City for Dean Street improvements. 4. An architectural character plan demonstrating the general architectural character and depicting materials, fenestration, projections. and locations of projedions such as elevator shaft heads, mechanical equipment, etc. Mechanical equipment shall be screened from pedestrian view. City of Aspen Ordinance No. 30, Page 8 Series of 2004. .. i l li lli --11-- 1- 11 - 11 1 lilli 111111-111-11 11/15/2004 11Â·06A 504168 Page: 9 of 15 SILVIA DR\,IS FI-KIN -CLâ€žTY CO R 76,00 0 0.00 5. Floor plans of each level depicting unit divisions and plaza level improt/ements. 6. A utility plan meeting the standards of the City Engineer and City utility agencies. 7. A grading/drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. Off-site improvement shall be done in coordination with the City Engineer (also see Sectionl 1, condition 6.) 8. An exterior lighting plan meeting the requirements of Section 26.575.150. Section 11: Subdivision/PUD Agreement Within 180 days after final approval by City Council and prior to applying for Building Permit, the applicant shall record a Subdivision/PUD Agreement binding this property to this development approval. The Agreement shall include the necessary items detailed in Section 26.445.070, in addition to the following: 1. Revocable Encroachment agreements and licenses for physical improvements within public rights-of-way with reference to their locations depicted on the Subdivision Plat. 2. The agreement shall state the ownership and maintenance responsibilities of the common areas of the project. 3. The agreement shall include a maintenance and operating agreement for Dean Street. The design. installation, maintenance and operational costs for new surface and subsurface improvements to Dean Street shall be borne by the owner of the Residences at Little Nell project and its successors and assigns. New subsurface improvements shall include a snowmelt system and similar features but exclude existing utilities within the right-of-way. Costs of replacing surface and subsurface improvements as a result of accessing City-owned utilities or other subsurface work that damages surface and subsurface improvements installed by Residences at Little Nell, including the snowmelt system, shall be borne by the City of Aspen. The City of Aspen shall not be responsible for costs of replacing surface and subsurface improvements damaged as a result ofutility work on non-City-owned utilities. 4. An estimated construction schedule with estimated schedules for construction phases affecting city streets and infrastructure and provisions for noticing the City Streets Department, the City Engineering Department, utility providers (including City agencies), and emergency service providers. 5. An agreement to return Galena Street to an acceptable condition after construction, as determined by the City Engineer. Subsurface work may be necessary. Curb and gutter work may be necessary. A final two-inch overlay may be necessary. In the alternative, the applicant may pay a one-time payment concurrent with receipt of a building permit of $7,950 into the City street maintenance fund (an amount equal to City of Aspen Ordinance No. 30, Page 9 Series of 2004. .. 111-111-11-1111111 -1111-11111 lilli lilli 11/15/2004 11:06A 504168 Page: 10 of 15 SILA-A DAL.S FI'KIN COL.TY CO R 76.00 0 0.00 frontage of the Little Nell property to Durant Street). the cost of a 2" asphalt overlay over half the width of Galena Street aiong the 6. $172,000 to offset City expenditure for project-related off-site drainage improvements shall be payable concurrent with receipt of a building permit. This fee has been determined by the City Engineer and prorated with other properties receiving such benefit. 7. In order to secure the performance of the construction and installation of improvements in the public rights-of-way, the landscape and public facilities performance security shall include and secure the estimated costs of proposed right-of-way improvements. 8. A license agreement to use Dean Street, or a portion thereof, adjacent to the proj ect site for construction staging including a fee to use the land at a rate of $1.25 per square foot per month for the time period in which the land is to be occupied for construction staging. Section 12: Pre-Construction Meeting Prior to Building Permit Submission. a meeting between the following parties shall be conducted: Developer/Applicant, Project Architect, Project Planner, Prime Contractor, City Staff Planner, Community Development Engineer, Zoning Officer, Building Official/Plans Examiner. The purpose of the meeting is to identify the approving ordinance and any amendments, identify conditions of approval, identify the timeline for r\ plat and PUD/SIA agreement recordation, identify the types of building permits necessary and the development activities that can be conducted prior to receiving a building permit, review any critical timeline issues, review the steps and timing of the building permit process, discuss responsibilities of all parties in getting permits, changes, etc., and review the Building Department checklist. Section 13: Building Permit Requirements The building permit application shall include/depict: 1. A signed copy ofthe final Ordinance granting land use approval. 2. A letter from the primary contractor stating that the approving Ordinance has been read and understood. 3. The conditions of approval shall be printed on the cover page of the building permit set. 4. A completed tap permit for service with the Aspen Consolidated Sanitation District. 5. A tree removal mitigation payment of $27,645.31. This figure represents the difference between the assessed value of trees to be removed and the cost estimate to supply and install the proposed trees and native vegetation. Amendments to the plan shall require a recalculation. *'' City of Aspen Ordinance No. 30, Page 10 Series of 2004. .. 1 11 li lli 111111111111111111111111 11/15/2004 11:06A 504168 Page: 11 of 15 S LVIA D kvS FI-KIN CEL-TY CO R 76.00 D 0.00 / 6. A fugitive dust control plan approved by the Environmental Health Department which addresses watering of disturbed areas including haul roads, perimeter silt fencing, as-needed cleaning of adjacent rights-of-way, speed limits within and accessing the site, and the ability to request additional measures to prevent a nuisance during construction. The applicant shall wash tracked mud and debris from the street as necessary, and as requested by the City, during construction. Submission of a fugitive dust control plan to the Colorado Department of Public Health and Environment Air Quality Control Division may also be necessary, 7. A study performed by a Colorado licensed Civil Engineer demonstrating how the required excavation of the site may be performed without damaging adjacent structures and/or streets. If the applicant utilizes soil pins to stabilize excavation cuts, the applicant shall be required to provide a financial assurance in an amount to be determined by the Community Development Engineer. The City Engineering Department would strongly prefer that the applicants use soil hardening techniques rather than soil pins to stabilize the excavation cuts. (A study has been submitted and is under review by the City.) 8. A construction site management and parking plan meeting the specifications of the City Building Department. (A study has been submitted and is under review by the City.) 9. The applicant shall submit a Soil Suitability and Slope Stability Analysis by a licensed engineer with a specialty in geo-technical sciences. At a minimum, such rh report shall determine the feasibility of excavating the hillside and identification of any necessary mitigation during construction of the lodge to protect adjoining properties from damage. In addition, the report shall include a baseline for slope stability prior to any excavation, establish a monitoring program to be implemented throughout the construction and for two years after completion of construction using accepted engineering standards approved by the City of Aspen, including, without limitation, review of all soils, engineering designs, de-watering plans, and other applicable standards. (A study has been submitted and is under review by the City.) 10. The roof plan shall demonstrate substantial compliance with the representations made by the applicant with regard to limiting the rooftop mechanical equipment and the use of non-reflective roofing material. Prior to issuance of a building permit: 1. All tap fees, impacts fees, and building permit fees shall be paid. 2. The location and design of standpipes, fire sprinklers, and alarms shall be acceptable to the Fire Marshall. Section 14: PM10 Mitiization Plan In order to reduce the impacts of PM10 generated by the project, the project shall provide a shuttle service for use by the owners/guests of the Residences at Little Nell and shall advertise to their guests that need for a personal/rental car is not mandatory due to the City of Aspen Ordinance No. 30, Page 11 Series of 2004. .. 1 11-- 111 - lilli- - 11-1 l ili lilli 111111111111 11/15/2004 11 06A 504168 Page: 12 of 15 S'LV A DAL.S PITK N COL. TY CO R 76.00 D 0.00 shuttle amenity. In addition, the Environmental Health Department recommends (but isnot requiring) that the lodge and its businesses join the Transportation Options Program and provide secure covered bike storage. This PM10 mitigation plan has been accepted by the City's Environmental Health Department and no further plan shall be required. Section 15: Deliverv Dock No trucking, shipping and/or receiving, service, inspection, or commercial vehicles serving the Residences at Little Nell and/or associated coinmercial facilities shall utilize Ute Avenue for such purposes. All shipping and receiving. service vendors, inspection, and other commercial vehicles to and from the Residences at Little Nell and its associated commercial facilities shall be only via its parking garage and/or loading dock off of Galena Street. Section 16: Condominiumization Condominiurnization of the Project to define separate ownership interests of the Project is hereby approved by the City o f Aspen, subject to recordation of a condominiumization plat in compliance with the current (at the time of condo plat submission) plat requirements of the City Community Development Engineer. Section 17: PUD Plans Check Prior to recordation of the Final PUD Plans, the plans to be recorded shall demonstrate substantial compliance with the representations and drawings made and presented during the proj ect review. Section 18: Restaurant The Project's restaurant, bar and outdoor dining terrace shall be open for the sale of food and beverages to the general public, and the outdoor dining telrace shall be open and available for use in conjunction therewith, weather permitting, all days of the year that the Aspen Mountain Skiing Area is open for public skiing, for a minimum of three (3) hours after the gondola lift at Little Nell closes each day. In addition, the bar and the outdoor dining terrace shall be open to the general public each day during the "summer season", which shall be deemed to run from June 15 through October 15 of each year, during all daytime hours that the gondola is open to the general public. During hours of operation, the restaurant shall be open to the general public. No memberships shall be required, although occasional private events may be held. Section 19: Vested RiEhts The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance ofa development order. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific City of Aspen Ordinance No. 30, Page 12 Series of 2004. .. 11111111 -11 - 11-1 lilli - 11 lilli 111111111111 11/15/2004 11:060 504168 Page: 13 of 15 SILV-A DAL.S PI-KIN COLNTY CD R 76.00 D 0 00 development plan and creation of a vested property right pursuant to this Title. Nucknotice A shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lot #1, Residences at Little Nell Subdivision and PUD. Section 20: All material representations and commitments made by the developer pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, or the Aspen City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Section 21: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 22: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity o f the remaining portions thereof. Section 23: That the City Clerk is directed, upon the adoption ofthis Ordinance, to record a copy of this Ordinance in the office ofthe Pitkin County Clerk and Recorder. Section 24: A public hearing on the Ordinance shall be held on the 27th day of September, 2004, at 5:00 in the City Council Chambers. Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Section 25: This ordinance shall become effective thirty (30) days following final adoption. [signatures on following page] City of Aspen Ordinance No. 30, Page 13 Series of 2004. .. INTRODUCED, READ AND ORDERED MIT~19*nED"as provided by law, by the City Council of the City of Aspen on the /3 day o f~,~-; 2004. Attest: Kathryn S. ~#th, CityÂ©rerk Helen Kalin KlandeNd, Mayor FINALLY, adopted, passed and approved this 12 day of ~ =660* 200(-1 Attest: 1 /rk A- 6%4440 4+A___ -~*PÂ¢~22-02 Kathryn S. Koc~City cferk Irelen Kalin Klanderi~d, Mayor C r.\ Approved as to form: I 1111111 --11 ' lili lilli 1-111 lili 111111111111 lili 11/15/2004 11:06A 504168 Page: 14 of 15 SILVIA DALit_13.iN COUN f CO _ R 76.00 D 0.00 /7*1 intatpi 40*N*'orcester, City Attorney Exhibit A - Proposed Zoning Boundary Map C:\home\Current Planning\CASES\Residences@LN\Final\Ordinance,doc City of Aspen Ordinance No. 30, Page 14 Series of 2004. .. 2 1 1 /9-*5-'19*)3' '(-r '50'itie:\ 1 I %9Mt.41 / '47&4*A.E.l,- -1..,-: i.1.- e,e:,f -9.2#:Fi:Â·:,r-~ -=u=--=e---=2 1-fd#FAKJ&2*fi. rÂ»1.4-09 -4.Fi4~F,Iii' j ~4Â·4t.et=*4~. 145#4448&:~.â€¢,.44. 0.~..Â·e.-y- GR~ 4245991*22*1~ kiege- ~ ~494%4*4~4:jitÂ»%99â‚¬QiÂ¢Â· j;,;~~-ff~ 4* BLVER clrÂ»4~ Q /~,~#Ikifi *SER-*"&,fvBAWa~&4'~~4###~p,.~6,p~'3:7.1F~~..',.: f.~*-,.#,*,~-: 1 3% tr, 4 1 4 j f - I 2 44 1 44 3 2 3 Â«5 -f---ALÂ« 1/ +043-04- It . 0/ PA UFfÂ·*%91Â·8 9 f k i ..'' Liu/ h L 21 1 -.. r*7*Â·VÂ· 8.2 r-T'Kh .r-/:r.Trt-'' A.ZTEK-'- Etu,, GALENATREET ~ rtknhFUL* r'ple 4-L,4.,rl L / 1 V .'A S'13. r.944.:4'>4 CU (PUD) ~42 0: 61 'i ...2.~ 6/:'-2 .. r + 07 X. '-1-4.#j..NE RES~2*4%13 24441*72* /,:-!r'â€¢rfij ,-' '=4,+DES,59 iÂ»AR.:1~.ALAPAA./ AAS?L--,:61: .r~ ~ 7 ....9.,7 ,.wi:Â·Â· - .pqi-ipemEDSt#DIN~â‚¬7.-'.Â·, :'Â·: :.,3. . i' ,3 -i . 'A,M#62&,1.-4~j~-Rk.- 1 Â· 2,9.(ft' . I . 2/ - I . mw * *:4*. ' E,rm..... n , 97~---1-P=+ Jam ...4, \\S . >-- 4-:'-~ Feiibb#*43-2. 9 4. I - , 1 - /-1 .i-' : :.itt <ij-olop ~~<~~<,~~~1~996M~hqlRti,V4047</(t? > < 0 ~\\ 1 *8111 1 . 11 3 1 - 4711 - ; cts/* -,- Â· 401 -onservation : f t. i, * I 1/, /fi//j //t 1 4 T t) 1 ~ 1 3 \ 1 1 5 -, .l...e... - il#84,1-. . .-1- Plil,-I- -i- & 01, Â»LUM. - - liti t. tdi- j)?fi 4 -QUEEN ' ,â€¢ ' , : 101.-1 lits, ta 31~41# ~ ~1 1~FOSED ~ONING MAP IFE 'j &6Â·,ittmi0%10#t 6Â· ~ 1,Ft-Â» 1;j.Elt?ttakti The Residences al - FINAL PU D SUE . 504168 641 m P 6 111111111111111111 lili ll'11111111111111 lilli ~ 1111 11/15/2004 11:06A Page 15 of 15 SILVIA DAVIS PITKIN COUNTY CO R 76.00 D 0.00 -lb Ali noin~ Na '30, 4,169 k- 2P1- A - 0 r 3AV 1NVURCI .. ASPEN CITY OF 504168 130 S GALENA ST ASPEN CO 81611 CLERK , . e. ... 1 :ciaf' . t. , 4 t ' . 44. i-)64 Â·Â·4,;A 15/4 ....t 1 .... . r. 4. ...... 1 1. 1.:1; 1.!''IV-4 '4. 4:.9.3..4 ilk).-1.,02Vt . , PLEASE RETURN TOCITY CLERK , 130 S. GALENA ASPEN, CO 81611 .. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070, ASPEN LAND USE CODE ADDRISS OÂ¥ PROPERTY: 14 ~ A Aspen, CO STATE OF COLORADO ) County of Pitkin ) I. AÂ«â‚¬6'A 3 60/4 -c~i~J (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: J Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation ill the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy ofth.e publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Wl/0-2- -9 Signature a/â‚¬* 7 The foregoing "Affidavit of Notice" was acknowledged before me this %< day of J â€ž. B., 0 , 2009-,by -AyÂ»l .4. SC OJ e.0~...~ WITNESS MY HAND AND OFFICIAL SEAL PUBULNQI-!CE Of DEVELOPMENT APPROVAL 1 Notice is hereby given to the general public of the My commissiohexpires: 040 /2-0 1 0 approval of a site-specific development plan, and I the creation of a vested Propeny rjght pursuant to ~ the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertain- ing to the following descibed properly:, Parcel 10 2737-182-93-6034 through 2737-182-93-6069, Le- U T ULOf-~t gally described as Lot 25, Residences a! LAile Nen \ Subdivision, City at Aspen. Pitkin County, Colo- Notary Public I rado,commonly known as the Residences at LIttle Nell Planned unit Development, 501 East Durant I Avenue. The approval is to grant an insubstantial I amendment to the Residences at Litle Neli PUD, Ordinance No, 30, Series of 2004. The request is <ARYP0- &4.0..:e......a..%~4~ to approve a master sign plan for the development 1 to an administrative approval granted May 29, ATTACHMENTS: 2009. The changes are depjcted in the land use # i LAURA 01 1J application on tile with the City of Aspen. For fur- ther information contact Errin Evans at the Cny of Aspen Community Development Dept., 130 S. Gatena St., Aspen. Colorado. (970) 429-2745. COPY OF THE PUBLICATION ~ i MEYER E # 1 City of Aspen Vkâ‚¬X'Â·. Published in the Aspen Tknes Weekly on June 7, ~ 2009. 95285001 My Commission Expires 08110/2010 U 4 weR centricate nas not bih foUnd. A 6. The stock certificate is my property and I have - not transferred or hypothecated the stock or stock cenmcate. 1 7. l hereby demand the issuance of a duplicate certificate. 8. This demand is made pursi,ant to C.R.S. / 7-42-114, 9. The lost certificate replacement fee of $1,000 ~ was tenderedon June 21,2005. /s/Pam E. Moore, LPV Properties LLC SUBSCRIBED AND SWORN to before me this 13th day of May, 2009, by Pam E. Moore of LPV Properties LLC. Witness my hand and official seal. /s/Shirley Foster, Notary Public My commission expires: 01/31/2012 Salvation Ditch Corporation will issue, on or after ' thirty days from the date of the last publication of this notice, a duplicate certificate to the daimants, as assignees of the registered owner, unless a contrary claim is filed with said Corporation prior to thirty days from the last publication hereof. Salvation Ditch Company, c/o Beach Resource - Management, 0133 Prospector Road, Suite 4210, ~ Pubbshed~n tt~ Aspen 7~* MApe/rly on May 24 & 31, 2009 and June 7.14 & 21,2009. [3451011] .. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070, ASPEN LAND USE CODE ADDRESS OF PROPERTY: i~/~ Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) I, Arn.4 9 / 07 -1 (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: ~- Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication ofnotice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. A 44/.-PJ.OL Signature The foregoing "Affidavit of Notice" was acknowledged before me this 22day of 7,1 A/9 5 2003 by 4.-A 9 -â‚¬f a S rod -Â·e--~ . 211@UQNQ=E WITNESS MY HAND AND OFFICIAL SEAL Of DEVELOPMENT APPROVAL - i Notice is hereby given to the general public of the I approval of a site-specific development plan, and the creation of a vested property right pursuant to i the Land Use Code of the City of Aspen and Title My commission expires: JH ld,i C 21 24, Articie 68, Colorado Revised Statutes, pertajning to the following described property:, Parcel ID 2737-182-49-001, Legally described as a I strip of land 49 feet wide opposite Blk 97 Aspen, Part of the Thaler Entry BK 115 PG 479 Subject to I A-t,\ 4â‚¬Q Â·f*> 921 easements and r/ws granted to the City of Aspen Notary Public BK 371 PGS 193-195 BK 500 PG 584-589, City of I Aspen, Pitkin County. Colorado, commonly known as The Little Nell Specially Planned Area, 601 I East Durant Avenue. The approval is to grant an insubstantjal amendment to the Little Nell SPA. 1 The request is to approve an awning for the ticket center for the administrative approval granted June I 12,2009, The changes are depicted in the land use ATTACHMENTS: application on file with the City of Aspen. For I further information contact Errin Evans at the City of Aspen Community Development Dept, 130 S. I Galena St., Aspen, Colorado. (970) 429-2745. COPY OF THE PUBLICATION City of Aspen ~ Published in The Aspen Times Weekly on June 21. ~ 2009.[35936511 -I-Ii-h ( PRESENTLY CONSTITUTED. WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO ALL Â· MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY . 1 PREVIOUS STATUTES. Â· A NOTICE OF INTENT TO CURE FILED PUR SUANT TO C.RS. 38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED. Â· A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. 38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE WITHIN EIGHT (8) BUSINESS DAYS FOLLOWING THE SALE. DATE: April 21,2009 in and for the County of Pitkin of State of, Colorado /s/Thomas Carl Oken, Public Trustee 3 2 -2.- .... 7 1 Bv:Tiffanv Wancura Deputy Public Trustee - The name. address telephone numbers and bar -- ~ registration number of the attorney(s) representing -72 . e; 3-2 the legal holder of the indebtedness is: Caren Jacobs Castle #11790 Britney Beal-Eder #34935 Kimberly L. Maninez #40351 Deanne R. Stodden #33214 Katharine E. Fisher #39230 Peter C. DeCamims #38929 Elizabeth S. Marcus #16092