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Home My WebLink AboutLand Use Case.233 W Main St.0047.2010.ASLU0047.2010.ASLU 233 W. MAIN STREET INSUBSTANTIAL PUD 2735 12 4 54 001 XXXXXXXXXXXXXXXXXXXXXXXX :- V - Le-, 1/140 2 1.-,1 342112*_.12 4*Uk 11 1. 1 .. THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0047.2010.ASLU PARCEL ID NUMBER 2735 12 4 54 001 PROJECTS ADDRESS 233 W. MAIN ST PLANNER DREW ALEXANDER CASE DESCRIPTION INSTUBSTANTIAL PUD REPRESENTATIVE BILL GUTH DATE OF FINAL ACTION 9.21.2010 CLOSED BY ANGELA SCOREY ON: 9. 22.10 .. 2-139 -11-4-54--00 1 a Â©+7 , 20/0 -ALL--M r & @it Rxord NaÂ¥igah Fgrm Repor; Format Iab t* ~ 1 @ 4 Â« , v 4 4% 09 0 3 ~d'~i 11 1 > 4 0 j i lulm 1 : 0~Ji 0 IGI i, , 4~ C. 11 a jead;151 3 .lild@3%0991 -1 ~ RO~glaha |hei |Fee5umarY ~Â¥tbm ~Attachmen# ~Routhg~tory |*tbn |Arch~Eng ~C~omF#Ids 15*lermits IP" 1 1 # .I'.~ ~ Permt * aslu Aspen Land Use Permt# 0041.2010.ASLU ~Address 233 W MANST Apt* 988~ @ 81611 1./fl Pemk Wotlia 1., Ma5ter Perlit Râ„¢ W ~07 1 Applied 9 2010 Projed ~ Ratu$ Pending Awoyed De5*on NSUBSTANTIAL PUD AMENDMENT - CONVERT PORTION OF EXISTING STORAGE BRed FOR USE AS GYM /NVORKOUT SPACE. , 84 ~ Submitted BILL GUTH 970 306 8151 (lock ~ Days ~ Ex@es 8272011 0 Submitted yia ! 0,lAel *se: M Waz-; 3999 * Last rame INNSBRUCK SUITES DEE Fifst name MONMOUTHSHIRE INY LL 233 W MAIN ST .Â· I. -7 ASPEN CO 81611 ~ Phone 0031 69&6071 Address E' Appkant @ OMel & apdicat~ G Contrador 1$ appkaN? 8 Lat name INNSBRUCK SUITES DEVEL FEstrame MONMOUTHSHIRE INYLL 233 WMANST 4 ASPEN CO 81611 *i Phone (303) 699.6077 Cu~# ~25171 Address f. 4 Lender ~ Phone (jÂ· ANTess Lat name Frstname 5.4 DisÂ® Zepellnt 665 ad508. . -~*i****.. - - f~~-+9**e-=22 -As,GoldÂ»l 48'8: )4~1_dl _,* Ck 4* 11 6-7 *FY,o-F 73 5- 9.0 32-9*<-2*27 7 4 2-21-7 / ~ semoN 1,10!nal Foqi-i| I =d OG. 11. 03 1 )-z_1 6 i~>357 Â» .. DEVELOPMENT ORDER ofthe 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-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 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 Innsbruck Suites Investments, LLC, 233 W. Main Street, Aspen, Colorado, 81611, (303)699- 6077 Legal Description and Street Address of Subject Property â€¢ Subdivision: Innsbruck (The), Unit: GCE, Description Common Area, City of Aspen, County of Pitkin, Colorado Written Description of the Site Specific Plan and/or Attachment Describing Plan Insubstantial Amendment to the approved PUD development plan (approved through Ordinance No. 32, Series of 2004, also see HPC Resolution 4, Series of 2005). Approval grants the ability to convert storage space "019" to an exercise room. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) Administrative approval by the Community Development Director for an Insubstantial Amendment to The Innsbruck Inn Planned Unit Development, issued on September 21,2010. Effective Date of Development Order (Same as date of publication of notice of approval.) September 26,2010 Expiration Date of Development Order (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.) September 26, 2013 Issued thi,~l~ d~y of Sep~inber, 2010, by the City of Aspen Community Development Director. CLOANK Chris Bendon, Community Development Director 0 I PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval o f a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following legally described property: Subdivision: Innsbruck (The), Unit: GCE, Description: Common Area, City of Aspen, County of Pitkin, Colorado 81611, the property commonly known as The Innsbruck Inn located at 233 W. Main Street, by order of the City of Aspen Community Development Director on September 21, 2010. Parcel Id # 2735-12-4-54-001. The Applicant received an administrative approval for an Insubstantial PUD Amendment. The approval grants the ability to convert a storage room (room 019) to a common-use exercise room for owners and guests at the lodge. For further information contact Drew Alexander, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 429-2739. s/ City of Aspen Publish in The Aspen Times on September 26, 2010 *JR ~67-10& 515,41 C v ~trifiÂ»BEa 2 \ 16 7-14Â£ Aset v Ti,1,9#Es ~ A.9 t Â¢ C Left '0 Fetea. 76 6"2.-(P 13E1),-5 (DEL, vE.Â·Â·eto. .. NOTICE OF APPROVAL For an Insubstantial Planned Unit Development (PUD) Amendment for The Innsbruck Inn, located at 233 W. Main Street Parcel ID No. 2735-12-4-54-001 APPLICANT: Innsbruck Suites Development Co., LLC REPRESENTATIVE: Bill Guth SUBJECT & SITE OF AMENDMENT: Insubstantial PUD Amendment for The Innsbruck Inn, located at 233 W. Main Street with the following legal description: Subdivision: Innsbruck (The), City of Aspen, County of Pitkin, Colorado 81611. SUMMARY: The Applicant has requested an Insubstantial Amendment to The Innsbruck Inn, a Planned Unit Development (PUD). The Innsbruck is a timeshare lodge containing 17 timeshare lodge units, 37 lodging bedrooms, and a two-bedroom affordable housing unit. The existing conditions of the lodge were approved through the following actions: â€¢ City Council Ordinance No. 32, Series of 2004 - Approved Minor PUD, Subdivision, Timeshare, Lodge Preservation Affordable Housing GMQS Exemptions (Exhibit B). â€¢ LIPC Resolution No. 4, Series of 2005 - Granted Final Approval. The Applicant would like to convert a portion of the garden-level storage to a common access exercise room for lodge residents (See Exhibit B for floor plan). The exercise room would qualify as non-unit space, which has the following definition: Non-Unit Space: The floor area within a lodge, hotel, or mixed use building that is commonly shared such as lobbies, hallways, stairways, recreational areas, and dining rooms. By defining the fitness room as a recreational area, and consequently as non-unit space, the conversion from storage to fitness does not trigger the Growth Management Quota System (GMQS) as the development categories are not affected. For example, had the storage room been converted from a storage room to an office (net leasable), GMQS would have been triggered and employee generation would need to be mitigated. In the Planned Unit Development and Subdivision Improvements Agreement (Exhibit C), there is specific language addressing the Ownership of Common Recreational Areas. The document states that "each owner o f an estate in the Project shall have an undivided interest in all common recreational areas within the Project." Therefore, the exercise Page l of 4 .. room shall not be privatized or used in a way that isolates any estate present at the Innsbruck. STAFF EVALUATION: Staff supports the proposed PUD Amendment to The Innsbruck Inn. The proposal to convert an existing storage space to a new exercise room does not create a substantial change to the approved Planned Unit Development and is a typical amenity found in a hotel. The exercise room is considered as non-unit space (same as storage space) and will not constitute and increase to net leasable area or the gross floor area of the project. DECISION: . The Community Development Director finds the Insubstantial PUD Amendment for The Innsbruck Inn to be consistent with the review criteria (Exhibit A) and thereby, APPROVES the amendment as specified below. The approved Insubstantial PUD Amendment for The Innsbruck Inn, allows for the conversion of a storage room to a common-use exercise room for use by estate owners of the lodge. APPROVED BY: 494. 21 goto Chris Bendon Dat6 Community Development Director Attachnnents: Exhibit A - Review Standards Exhibit B - Floor plans (proposed) Exhibit C - Ordinance No. 32, Series of 2004 Exhibit D - PUD and SIA for The Innsbruck Inn Page 2of4 .. Exhibit B The Innsbruck Inn, Insubstantial PUD Amendment PUD Insubstantial Amendments: See. 26.445.100.A An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. Staff finding: The proposed changes to the Innsbruck do not change the use or character of the lodge. The use mix still consists of nightly and timeshare lodging units and affordable housing units. Staff finds this criterion met. 2. An increase by greater than three (3) percent in the overall coverage of structures on the land. Staff finding: Not applicable. 3. Any amendment that substantially increases trip generation rates of the proposed development, or the demandfor public facilities. Staff finding: Being that the fitness room is for residents and guests of the lodge only, an increase in trips or greater demand on public facilities is not anticipated. Staff finds this criterion nlet. 4. A reduction by greater than three (3) percent of the approved open space. Staff finding: Not applicable. 5. A reduction by greater than one (1) percent of the off-street parking and loading space. Staff finding: Not applicable. 6. A reduction in required pavement widths or rights-of-way for streets and easements. Staff finding: Not applicable. Page 3of4 .. 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. Staff finding: Being that the fitness room will be treated as non-unit space, there is no increase to the gross net leasable square footage of the lodge. Staff finds this criterion met. 8. An increase by greater than one (1) percent in the approved residential density of the development. Staff finding: Not applicable. 9. Any 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. Staff finding: These changes to The Innsbruck Inn do not deviate from the original approvals. The change is simply regarding the usage of a non-unit space. Each use, both existing and proposed, is considered non-unit. The change does not seek any variation from the PUD's approved use or dimensional requirements. Staff finds this criterion met. 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ORDINANCE NO. 32 (SERIES OF 2004) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE MINOR PLANNED UNIT DEVELOPMENT, SUBDIVISION, TIMESHARE, AND LODGE PRESERVATION AND AFFORDABLE HOUSING GMQS EXEMPTIONS FOR THE INNSBRUCK INN, LOCATED AT 233 WEST MAIN STREET, LOTS A-E, BLOCK 52, CITY AND TOWNSITE OF ASPEN, COLORADO. Parcel ID: 2735-124-54-001 WHEREAS, the Applicant, 233 W. Main Development Corporation, represented by Haas Land Planning, LLC, submitted an application (hereinafter "the application") requesting approval of a Minor Planned Unit Development, Subdivision, Timeshare request, and GMQS Exemptions for Lodge Preservation and Affordable Housing to remodel and expand the Innsbruck Inn, located at 233 W. Main St., Lots A-E, Block 52, City and Townsite of Aspen, into a timesharc lodge to consist of twenty-two (22) lodging bedrooms and a one-bedroom affordable housing unit; and, WHEREAS, pursuant to Land Use Code Section 26.304.060(B), Combined Reviews, the Community Development Director in consultation with the applicant has concluded that a combined review of the land use requests associated with this application would reduce duplication and ensure economy of time, expense, and clarity; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the proposal, with conditions; and, WHEREAS, during a duly noticed public hearing on September 7, 2004, the Planning and Zoning Commission approved Resolution No. 79, Series of 2004, by a four to one (4-1) vote, recommending that City Council approve the proposed Minor PUD and associated land use requests to reconfigure and expand the Innsbruck Inn into a timeshare lodge consisting of twelve (12) timeshare lodge units and a one-bedroom affordable housing unit; and, WHEREAS, during a duly noticed public hearing on October 12, 2004, the Aspen City Council reviewed the proposed Minor PUD application and associated land use requests to reconfigure and expand the Innsbruck Inn into a timeshare lodge consisting of twelve (12) timeshare lodge units and a one-bedroom affordable housing unit and continued the hearing until November 8,2004 with the suggestion that the Applicant look at providing additional lodging bedrooms in the development proposal; and, WHEREAS, the Applicant submitted an amended proposal requesting approval to construct thirteen (17) timeshare lodge units consisting of a total of thirty-seven (37) lodging bedrooms and a two-bedroom deed-restricted affordable housing unit; and, 508440 lili-1111111-111 -111'll'll'llill lillil E LOR Page: 1 of 10 03/30/2005 02:021 SILVIA Le/15 P. i-K... C)UNTY CO R 51.80 D 0.00 a l* 0---m- 3 00Â« .. WHEREAS, during a continued public hearing on November 8,2004, the Aspen City Council approved Ordinance No. 32, Series of 2004, by a four to zero (4-0) vote, approving the amended Minor PUD and associated land use requests to reconfigure and expand the Innsbruck Inn into a timeshare lodge consisting of seventeen (17) timeshare lodge units containing thirty-seven (37) lodging bedrooms and a two-bedroom affordable housing unit; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Cornmunity Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves a Minor Planned Unit Development, Subdivision, Timeshare, and Lodge Preservation and Affordable Housing GMQS Exemptions for the Innsbruck Inn, a property located at 233 West Main Street, Lots A-E, Block 52, City and Townsite of Aspen, to expand and convert the existing lodge into a timeshare lodge consisting of seventeen (17) timeshare lodge units containing thirty-seven (37) lodging bedrooms and a two-bedroom affordable housing unit, with the following conditions: 1. A final Subdivision/PUD agreement shall be recorded at the Pitkin County Clerk and Recorder's Office within 180 days of the final approval by the Historic Preservation Commission (the HPC). 2. A final Subdivision/PUD Plan shall be recorded in the Pitkin County Clerk and Recorder's Office within 180 days o f the final approval granted by the HPC and shall include the following: a. A final plat meeting the requirements of the City Engineer and showing: easements, encroachment agreements and licenses (with the reception numbers) for physical improvements, and location of utility pedestals, 508440 lilli 0111@ Il Ilmillill~11111 1] 03/30/2008 02:021 Page: 2 of 10 SILVIA DAVIS PITKI COUNTY CO R 51.00 D 0.00 .. b. An illustrative site plan of the project showing the proposed improvements, landscaping, parking, and the dimensional requirements as approved. c. A drawing representing the project's architectural character. 3. The following dimensional requirements of the PUD are approved and shall be printed on the Final Illustrative Plan: 6,000 1 .1 . : No requirement 60 fect :, ; iÂ· ~Â·Â·, i~i":~.('1 11 12 Feet for Building, 9 Feet for the area well in , ~~ ' '':.Â·.:~' +!iÂ·~~ ''! ' :.Â·. I. ': ,:'M ,;1#'PtiÂ·:; front ofwest wing, 5 Feel for pool, 1 Foot for hot I ' 9 'h''A tub I ::~-' 9. i.' ':.: 9.i,-, i; ;f~Mil,j.)'Â·i]Irlatil 3 Feet for building/0 Feet for Roof Overhangs ' Â· Â·i: Â».Â· ,>,22 4 .1 I 13 Feet for Building/Decks, 10 Feet for External Stainvay, 0 Feet for Trash Enclosure . t.'Â·,1~Ii..â€¢.,.~1;kil 1'11 1 . ,; No Requirement 11 r dÂ·Â· Â·Â·:; . o..:..Â· ,,f;I~' :~~â€ž.1.iÂ£*s 27 Feet from bottom of egress well to midpoint of 14!. Ffr,v .,2~ . :.,. - i;,; 02141':520i~"t~,~.1,11 roof No Requirement I d I dINâ€ž4:' Il I T Per Final PUD Plans 1 21:1 ..... Per Final PUD Plans . .. 2. .. .1 1:iii i..,..1...., 1.1Â· ill 6 Completely On-site Parking Spaces (Thii i ., , i .~, *, .' g ' .1 1,11 4; represents the Parking Option of removing the parking spaces accessed from Main Street without replacing them on site) 4. The building permit application shall include: a. A copy of the final Ordinance and recorded P&Z Resolution, as well as the Final HPC Resolution. b. The conditions of approval printed on the cover page of the building permit set. c, A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off-site replacement or mitigation of any removed trees. The tree removal permit application shall be accompanied by a detailed landscape plan 508440 Ill1111111111/111 _1111111Illmll111-11 03/30/Z005 02:021 P.get 3 of 10 SILVIA DAVIS PITKI COU TY CO R 51.00 D em00 - indicating which trees are to be removed and new plantings proposed on the site. e. A 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. f. A construction management plan pursuant to the requirements specified in Condition No. 20 included herein. g. A fugitive dust control plan to be reviewed and approved by the Environmental Health Department, as detailed in Condition No. 14 included herein. 5, Throughout the structure, the Applicant shall install a fire alarm system meeting the requirements of the Fire Marshal. The Applicant shall also install a fire sprinkler system that meets the requirements of the Fire Marshal. 6. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that all conditions of approval have been read and understood. b. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. 7. The Applicant shall convey an undivided fractional interest (one-tenth of one percent (0.156)) in the ownership of the deed-restricted employee housing to the Aspen/Pitkin County Housing Authority for the purposes of complying with rent control legislation and common law. To satisfy rent control issues, the Applicant may submit an alternative option acceptable to the City Attorney. Conveyance of the undivided fractional interest in the affordable housing unit shall occur prior to issuance of a certificate of occupancy on the reconfigured and expanded lodge. 8. If the Applicant conveys an interest in the affordable housing unit to the Housing Authority as described in Condition No. 7 above (rather than an alternative acceptable to the City Attorney), the Applicant shall indemnify and hold harmless the Aspen/Pitkin County Housing Authority and City of 1 1- 5143 10 03/30/2005 02: 021 SILVIA DAVIS PITKIN COUNTY CO R 51.00 D 0.00 .. Aspen from any claims, liability, fees or similar charges related to the Housing Authority's ownership in the deed restricted employee-housing unit. 9. Prior to issuance of a building permit, the Applicant shall record a dced restriction for the employee-housing unit. The employee-housing unit shall be deed restricted at the Category 2 rental rate, but since the unit is included in the lodge itself and intended to house employees of the lodge, income and asset restrictions shall be waived. Further, the Applicant shall meet with the Housing Office Staff prior to the completion of construction to establish mutually acceptable lease terms for employees whose units are attached to the business. 10. The Applicant shall complete (prior to any of the remodel work, including removal of drywall, carpet, tile, etc.,) the Building Department's asbestos checklist, and if necessary, a person licensed by the State to do asbestos inspections must conduct an inspection. The Building Department cannot sign any building permits until they get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. 11. The Applicant shall repair any cracked or uneven sections of sidewalk adjacent to the property and improve the sidewalk, curb, and gutter in the adjacent public right-of-way along Main Street and along South Second Street to meet the City Engineering Department's Standards, which includes replacing the Main Street gutter system adjacent to the Innsbruck property to provide a gutter with a slope that meets the City Engineer's specifications. The curb along Main Street adjacent to the subject property shall be improved to a six (6) inch vertical curb. 12. The Applicant shall extend the sidewalk that exists adjacent to South Second Street across the alleyway with six (6) inch thick reinforced concrete. The Applicant shall also install a concrete driveway ramp meeting the City Engineer's standards from South Second Street to the sidewalk that is to cross the alleyway. 13. The Applicant shall be required to show plans for all improvements, snow storage areas, utility pedestals, districts, curb and gutter, and sidewalk improvements prior to building permit issuance. 14. The Applicant shall submit to the Environmental Health Department a fugitive dust control plan which includes, but is not limited to fencing, watering of disturbed areas, continual cleaning of adjacent paved roads to remove mud that has been earned out, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. This shall be required with the submittal for building permits. 11111& 11111-11[11111111111111111111111 508440 Page: 5 of 10 03/30/2005 02:021 S LV R DAF.S FI-KIN COUNTY CO R 51.00 D 0.00 .. 15. The Applicant shall install tree saving construction fences around the drip line of any trees to be saved subject to the following provisions: a. The City Forester or his/her designee must inspect this fence before any construction activities commence. b. No excavation, storage of materials, storage of construction equipment, construction backfill, foot or vehicular traffic shall be allowed within the (trip line. 16. The Applicant shall install a tree root barrier on the trees that arc to be planted within ten (10) feet the sidewalk, curb, and gutter to prevent future root damage and sidewalk upheaval. 17. The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. 18. The Applicant shall comply with the Aspen Sanitation District's rules and regulations. I f new sewer lines are required, then the existing service must be excavated in the alley and disconnected at the main sewer line. No clear water connections (roof, foundation, perimeter drains) to sanitary sewer titles shall be allowed. All improvements below grade shall require the use of a pumping station, 19. The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m on Monday thru Saturday. 20. There will be no construction material or dumpsters stored on the public rights-of-way unless a temporary encroachment license is granted by the City Engineer. In addition, the Applicant shall submit a full set of construction management plans that are consistent with the City Construction Management Plan Guidelines at the time of building permit submittal. 21. The Applicant shall submit a food service plan for review by the Environmental Health Department and obtain a food service license if required, prior to serving food in the multi-purpose room. If determined to be necessary by the Aspen Consolidated Sanitation District, the Applicant shall install an oil and grease interceptor in the multi-purpose room/kitchen. 22. The Applicant shall agree to join any future improvement districts that are formed to complete future City approved improvements to the adjoining/ surrounding right-of-ways. 111111111 lilli m 111# 11111111 111 lili 111111 03/30/2005 02:021 508440 Pigâ€¢: 6 of le S LVIA DAVIS PI,K N CO-rl,Y CO R 51.00 D 0.00 .. 23. All exterior lighting shall meet the City of Aspen Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor Lighting, as may be amended from time to time. 24. All design, installation, and maintenance of the pool and spa must comply with the State of Colorado's "Swimming Pool and Mineral Bath Regulations." Pool water shall be drained directly into the sanitary sewer and shall not be drained into the storm sewer. The Applicant must have the Aspen Consolidated Sanitation District approve the drain size for the swimming pool and spa before installing them. 25. Each owner of an estate shall have an undivided interest in the common recreational areas within the facility. 26, School Land Dedication Fees of $1,772.84 shall be assessed. 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. Amendments to the Project or to the fee schedule adopted prior to issuance of a building permit shall require a new calculation. The fee total is based on the current fee schedule and is calculated as follows: $565,500 (Valuation of Land per Assessor's Office) multiplied by .0095 acres (Land Dedication Standard) multiplied by 0.33= $1,772.84. 27. Park Development Impact Fees of $3,905 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: 10 (three-bedroom timeshare lodge units) multiplied by $ 1,520 per unit = $36.340 7 (1-bedroom timeshare lodge units) multiplied by $2,120 per unit = $14,840 1 (2-bedroom affordable housing unit) multiplied by $ per unit = $2.725 Total: $53,905 Park Fees- Credit for Existing Development 33 (studio lodge units) multiplied by $1,520 per unit = $50.160 Total Credit: $50,160 28. All unsold timeshare units that are not used by the Applicant for exchange, marketing or promotional purposes shall be made available for short-term rent until purchased. This condition shall be included in the 508440 Page: 7 of 10 03/30/2005 02:021 SILVIA DAVIS PITKIN COUNTY CO R 51.00 0 0.00 -.. PUD/Subdivision Agreement to be recorded in the Pitkin County Clerk and Recorder's Office. 29. Nothing in the timeshare documents shall prohibit short-term rentals or occupancy. Non-deed restricted units shall be available for short-term rental purposes when not occupied by the purchaser or its guests or utilized for exchange programs. The Applicant shall submit timeshare documents to the City Attorney for review and approval prior to recording them at the office of the Pitkin County Clerk and Recorder. 30. The Applicant shall maintain the option of signing up to two (2) on-street parking spaces adjacent to the Innsbruck Inn as available, for short-term drop-offparking for guests checking in and checking out. If the Applicant chooses to sign up to two (2) on-street parking spaces as short-term drop- off parking, they may sign the spaces either on Main Street or South Second Street. 31. The Applicant shall mitigate an expected loss in lodging tax revenues resulting from the conversion of the existing lodge to timeshare in the amount of $19,791.00. The anticipated loss in lodging tax revenues shall be mitigated prior to building permit issuance. The City of Aspen shall conduct an annual audit of the sales tax revenues that the City collects from the reconfigured Innsbruck Inn over its first five (5) years of operation, to determine if the projected revenues are accurate. The Applicant shall cooperate with the Finance Department in its annual audit efforts. No changes in the timeshare mitigation plan shall be required as a result of the audit described above. 32. Any amendments that the Historic Preservation Commission requires to the large egress well proposed on the north side of the building shall constitute approval of an amendment to the site-specific development plan approved herein for the Innsbruck Inn. Section 2: Approval of this ordinance hereby rendcrs the previous unbuilt approvals granted pursuant to Ordinance No. 24, Series of 2002, null and void. Section 3: 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 construed and concluded under such prior ordinance:s. Himini,Miumiimminimmiminum 508440 Page: 8 of 10 S[LVIA DAVIS PITKIN COUNTY CO R 51.00 0 0.00 03/30/2005 02:021 0 - 0 Section 4: 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 of the remaining portions thereof. Section 5; A public hearing on the ordinance was held on the 12th day of October, 2004, in the City Council Chambers, Aspen City Hall, Aspen, Colorado and continued to the 8th day of November, 2004. Section 6: A continued public hearing on the ordinance was held on the 8?' day of November, 2004, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 27* day of September, 2004, ~F AS 'r."'o Hdfen Katifltig4erh, Mayor U . C 2thhrn S. 1$Â»th, City'Clerk FINALLY, adopted, passed and approved by a vote of four to zero (4-0), this 8th day of November, 2004. ~e: jotia'ge:,ZN-V .Â· AIL. 43, 1. A L AL RAhp**?196'cl;fitj, Clefk 1111111111111-111111111111111111111111111- 508440 Page: 9 of 10 03/30/2005 02:021 SILV.A DAk.5 Fi'KIN COUNTY CO R 51.00 0 0.00 E- 0 1,41 03 i 7 D .. PLANNED UNIT DEVELOPMENT (PUD) & SUBDIVISION IMPROVEMENTS AGREEMENT FOR THE INNSBRUCK INN TIMESHARE LODGE PROJECT THIS PLANNED UNIT DEVELOPMENT (PUD) & SUBDIVISION IMPROVEMENTS AGREEMENT (this "Agreement") is made this * day of , 2005, between INNSBRUCK SUITES INVESTMENTS, LLC, a Colorado limited liability company (the "Owner"), and THE CITY OF ASPEN, a municipal corporation (the "City"). RECITALS: WHEREAS, the Owner owns that certain real property (the "Property") known as the Innsbruck Inn located at 233 West Main Street in the City of Aspen, County of Pitkin, legally described as: Lots A, B, C, D, and E, Block 52, City and Townsite of Aspen, County of Pitkin, State of Colorado; and, WHEREAS, the Property is being remodeled and expanded by the Owner as follows, where said remodel and expansion is hereinafter referred to as the "Project": â€¢ An addition extending toward the west and north property lines is being made to the west side of the existing structure, resulting in a roughly "U" shaped building with a courlyard in the center; â€¢ The existing Main Street parking area and its curb cut will be eliminated; â€¢ The existing ground level lobby and second floor breakfast room will be converted to unit space, and the lobby space will be moved to the ground level at the newly constructed northwest corner of the lodge; â€¢ A new basement will be developed under the entire lodge, to include four (4) timeshare lodge units, a two-bedroom employee dwelling unit, a breakfast/leisure area, storage and storage lockers, restrooms, an exercise room, a laundry room, mechanical space, and incidental uses/spaces; â€¢ Remodeled and expanded ground and second floor levels, where the ground floor will include six (6) timeshare lodge units and the front office/lobby/reception area; and, the second floor will include seven (7) timeshare lodge units; â€¢ The room count will go from the thirty-three existing lodge rooms to seventeen (17) timeshare lodge units (with twelve (12) estates per unit) providing up to thirty-seven (37) lodging bedrooms/units through lock-off capabilities; the remodeled and expanded timeshare lodge will also include one two-bedroom deed restricted employee dwelling unit; â€¢ While the Main Street accessed parking area will be eliminated, no additional parking will be provided on-site. 03/30/2005 02:031 508441 Page: 1 of 10 SILV.A D VIS P!-K. COU.-Y CO R 51 00 0 0.00 .. WHEREAS, pursuant to Ordinance No. 32, Series of 2004 Â¢'OrdinanceD, the City Council granted Minor Planned Unit Development, Subdivision, Timesharc, and Lodge Preservation and Affordable Housing GMQS Exemptions approval for the Project; and, WHEREAS, pursuant to Resolution No. 4, Series of 2005 ("Resolution"), the Historic Preservation Commission ("HPC") granted Final Development Plan approval; and, WHEREAS, the City and the Owner wish to enter into this Agreement for the Project; and, WHEREAS, Owner has submitted to the City for approval, execution and recordation, a Final PUD Plan and Plat for the Project (the "Plat") and the City agrees to approve, execute and record the Plat at Owner's expense on the agreement of the Owner to the matters described herein, subject to the provisions of the Municipal Code of the City of Aspen (the "Code"), the Ordinance, and other applicable rules and regulations; and, WHEREAS, Owner is willing to enter into this Agreement with the City and to provide assurances to the City. NOW, THEREFORE, in consideration ofthe mutual covenants contained herein, and the approval, execution and acceptance o f the Plat for recordation by the City, it is agreed as follows: 1. Description of Project. Refer to the second "Whereas" statement, above. 2. PUD Dimensional Requirements. As set forth in Condition 3, Section 1 of the Ordinance, and as amended pursuant to Condition 1 0 f the Resolution, the following dimensional requirements have been approved by the City as part of the Project, are shown on the Final PUD Plan and Plat, and shall be printed on all final building permit plan sets: a. Minimum Lot Size: 6,000 square feet. b. Minimum Lot Area per Dwelling Unit: No requirement. c. Minimum Lot Width: 60 feet. d. Minimum Front Yard (Main Street Frontage): 9 feet for the building; 5 feet for the area well in front of the west wing; and, 1 foot for the hot tub/swim spa. e. Minimum Side Yard: 3 feet for the building; 0 feet for roof overhangs. f. Minimum Rear Yard: 13 feet for the building/decks; 10 feet for the external stairway; 0 feet for the trash enclosure. g. Maximum Site Coverage: No requirement, h. Maximum Height: 27 feet from the bottom ofthe egress well to the midpoint of the roof. i. Minimum Percent Open Space: No requirement. j. Trash Access Area: Per Final PUD Plans. k. Allowable External Floor Area Ratio (FAR): 1.21: 1. 1. Allowable Internal FAR: Per Final PUD Plans. 508441 Page: 2 of 10 03/30/2005 02: 031 SILVIA DAVIS PITKIN COUNTY CO R 51.00 D 0.00 .. 1nnsbruck Inn Timeshare Lodge PUD & Subdivuion Improvements Agreement page 3 of 1 0 m. Minimum O ff-Street Parking: 6 completely on-site parking spaces (if the approved diagonal spaces that encroach upon alley right-of-way were to be converted to parallel spaces of 22.5 feet in length each, six such spaces would fit completely on site; therefore, the eleven diagonal spaces extending into the alley right-of-way are considered equivalent to six completely on-site spaces; no such conversion to parallel parking is/will be required in connection with the Project). 3. Acceptance ofPlat. Upon execution of this Agreement by the parties hereto, the City agrees to approve and execute the Final PUD Plan and Plat for the Project, which conforms to the plat requirements of the Code and the Ordinance. The City agrees to accept such Plat for recording in the office of the Pitkin County Clerk and Recorder upon Owners' payment of the recordation fee. If the approved Final PUD Plan changes subsequent to this approval, a complete set of revised plans shall be provided to the Engineering and Community Development Departments for review and evaluation. 4. Development Requirements. The following development requirements will be satisfied by the Owner pursuant to the Ordinance. a. Affordable Housing. Owner shall adequately mitigate for the Project's employee generation by providing deed restricted employee housing for at least 0.59 full-time equivalent employees ("FTEs"). The Project includes a two-bedroom employee housing unit, which provides credit for housing 2.25 FTEs. Thus, the Project provides housing for 1.66 more FTEs than required to mitigate its employee generation. A credit for housing 1.66 FTEs shall, therefore, be maintained by the Property. The employee housing unit will be deed restricted to the Category 2 rental rate, as such is described in the Aspen/Pitkin County Affordable Housing Guidelines (the "Guidelines"); however, since the employee housing unit is for use by the Project in housing its employees, income and asset restrictions otherwise applicable to the Category 2 deed restriction shall be waived. Owner shall meet with Housing Office Staff prior to completion of Project construction to establish mutually acceptable lease terms for employees whose units are attached to the place of employment. Prior to issuance of a building permit for the Project, Owner shall record a deed restriction for the employee housing unit. Also, in an effort to be consistent with Section 38-12-301, C.R.S., and the Colorado Supreme Court rent control decision in Town of Telluride v. Lot Thirty-Four Venture L.L.C. (Case No. 98-5(-547, decided June 5,2000), Owner desires to grant to the Aspen/Pitkin County Housing Authority ("APCHA") an undivided one-tenth of one percent (0.1%) ownership interest in the above-described affordable housing unit of the Project. With the APCHA consent to accepting an interest in the property, Owner agrees to indemnify and hold harmless the APCHA for any claims, liability, fees, or similar charges related to ownership of an interest in the affordable housing units. Conveyance ofthe undivided one-tenth of one percent (0.1%) ownership interest from Owner to the APCHA shall take place prior to or concurrent with issuance of a Certi ficate of Occupancy for the unit and after said unit has been rendered capable of separate conveyance by the recording of condominium (as described in paragraph 5, below). The APCHA shall not be entitled to the payment of monies upon i fiiII# IiBII Ii*11.IN~ imin fiIII IM Imii HI; iim 508441 Page: 3 of 10 03/30/2005 02:031 SILVIA DAVIS PITK N COUNTY CO R 51.00 De 00 -. Inmbruck Inn Timeshare Lodge PUD & Subdivision Improvements Agreement page 4 of jo sale or rental at any time of any units in the Project, nor shall the APCHA be entitled to derive any economic benefit by virtue of its undivided interest in the deed restricted unit in the Project. Owner reserves the right to submit an alternative option, subj ect to review and acceptance by the City Attorney, to satisfy the rent control issue. b. Building Permit Plan Requirements. In addition to such requirements enumerated elsewhere herein and otherwise required by the City of Aspen Building Department, the building permit application for the Project shall include: 1. A copy of Ordinance No. 32, Series of 2004, Planning and Zoning Commission Resolution No. 29, Series of 2004, and HPC Resolution No. 4, Series of 2005, 2. All conditions of approval printed on the cover page of the building permit plan set. 3. A completed tap permit for service with the Aspen Consolidated Sanitation District. 4. A tree removal permit, as required by the City Parks Department, and approval from the Parks Department Director for off-site replacement or mitigation ofany removed trees. The tree removal permit application shall be accompanied by a detailed landscape plan indicating which trees are to be removed and new plantings proposed on the site. 5. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer; said plan must provide for maintaining scdiment 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 5-year storm frequency should be used in designing any drainage improvements. 6. A signed letter from the primary contractor to the Director of the Community Development Department stating that the conditions of approval have been read and understood. 7. Prior to issuance of a building permit, Owners shall provide payment of all tap fees, impact fees, and building permit fees. If an alternative agreement to delay payment of Water Tap and/or Parks Impact fees is finalized, those fees shall be payable according to such agreement. 8. A full set of construction management plans that are consistent with the City of Aspen Construction Management Plan Guidelines. Those plans shall include the Owners' agreement lo prohibit storage of construction material or dumpsters on the public rights-of-way unless a temporary revocable encroachment license is granted by the City Engineer for such storage. 9. A completed asbestos checklist (to be obtained from the Building Department). If found to be necessary, Owners shall notify the State prior to remodel, expansion or demolition of any buildings, including removal of drywall, carpet, tile, etc., and a licensed asbestos inspector will have to conduct an inspection. If there is no asbestos, the demolition can proceed. If asbestos is present, a state licensed asbestos removal contractor must remove it. Owners shall report these findings to the Environmental Health Department and Building Department prior to the issuance of demolition and building permits. 10. A fugitive dust control plan for review by and approval o f the Environmental 11111#1111. If.Im'11111111:11111111111 03/30/2005 02:031 508441 Pag.: 4 of 10 SILV A DAVAS F.T.; N COUN-Y CO R 51,00 0 0.00 - Innsbruck Inn Timeshare Lodge PUD & Subdivision Improvements Agreement Page 5 of 10 Health Department. The Fugitive Dust Control Plan will include, as a minimum, plans for fencing, watering of disturbed areas, continual cleaning of adjacent paved roads to remove mud that has been carried out, or other measures necessary to prevent windblown dust from crossing the property lines or causing a nuisance. 11. Plans for all improvements, including snow storage areas, utility pedcstals, curb and gutter improvements, and sidewalk improvements. c. Wastewater and Surface Drainage. Owner shall comply with Aspen Consolidated Sanitation District (ACSD) rules and regulations. If new sewer lines are required, the existing service will have to be excavated in the alley and disconnected at the main sewer line. No clear water connections (roof, foundation, perimeter drains) shall be allowed. All improvements below grade shall require the use of a pumping station. d. Water Service. Owner shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards ofTitle 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. e. Fire Protection. Owner shall install an adequate fire alarm system throughout the structure and a fire sprinkler system that meets the requirements of the Fire Marshal. f. Future Improvement District(s). Owner hereby agrees to join any future improvement district(s) formed for the purpose of constructing City-approved improvements to the adjoining/surrounding rights-of-way which benefit the property under a fair share assessment formula. g. Curb. gutter. and Sidewalk. Owner shall repair any cracked or uneven sections of sidewalk adjacent to the Property and improve the sidewalk, curb, and gutter in the adjacent public right-of-way along Main Street and South Second Street to meet the City Engineering Department's standards; this includes replacing the Main Street gutter system adjacent to the Property to provide a gutter with a slope that meets the City Engineer's specifications, The curb along the portion of Main Street adjacent to the Property shall be improved to a six (6) inch vertical curb. Owner shall extend the sidewalk that exists within the South Second Street right-of-way across the alleyway with six (6) inch thick reinforced concrete; Owner shall also install a concrete driveway ramp meeting the City Engineer's standards from South Second Street to the sidewalk that is to cross the alleyway. h. Exterior Lighting and Streetlights. All outdoor lighting shall comply with the applicable portions of Section 26.575.150. Outdoor Lighting, of the Aspen Land Use Code. i. Construction Schedules and Noise. Construction is prohibited on Sundays and between the hours of 7:00 p.m. and 7:00 a.m. on all other days. All noise ordinances shall be abided by. j. Trees and Tree Protection. Tree saving construction fences shall be installed around the -1 50,2 111 10 03/30/2005 02:031 -. SILVIA DAVIS PITKIN COUNTY CO R 51.00 D 0 00 .. Innsbruck Inn Timeshare Lodge PUD & Subdivision Improvements Agreement Page 6 of 10 drip line of any trees to be preserved. The City Forester or his/her designee must inspect such fencing before any construction activities commence. No excavation, storage of construction equipment, construction backfill, foot or vehicular traffic shall be allowed within the fenced drip lines. A tree root barrier shall be installed on any tree that is to be planted within ten (10) feet of the sidewalk, curb, or gutter to prevent future root damage and/or sidewalk upheaval. k. Parking. Owner shall maintain the option of signing up to two (2) on-street parking spaces adjacent to the Property as available for short-term, drop-offparking for guests checking in or out of the Project. If Owner chooses to sign up to two (2) on-street parking spaces as short-term drop-off parking, such spaces may be located either both on Main Street, both on South Second Street, or one space on each street. Owner shall provide priority to the occupant(s) ofthe employee housing unit for the use of one of the off street parking spaces to the north of the building. In the event that the occupant(s) of the employee housing unit does not own a car, the parking space shall remain available for the general use ofthc Project's other occupants. 1. Pools and Spa All design, installation, and maintenance ofthe pool and spa must comply with the State of Colorado's "Swimming Pool and Mineral Bath Regulations." Pool water shall be draincd directly into the sanitary sewer and shall not be drained into thc storm sewer. The Applicant must have the Aspen Consolidated Sanitation District approve the drain size for the swimming pool and spa before the pool or spa is installed. m. Ownership of Common Recreational Areas. Each owner of an estate in the Project shall have an undivided interest in all common recreational areas within the Project. n. Food Service. Owner shall submit a food service plan for review by the Environmental Heath Department. If deemed necessary, a food service license will be required prior to serving food in the multi-purpose room, If determined necessary by the Aspen Consolidated Sanitation District, an oil and grease interceptor will need to be installed in the multi-purpose room/kitchen prior to issuance of a Certificate of Occupancy. o. School Land Dedication Fees. School Land Dedication Fees of $1,772.84 shall be assessed and payable prior to issuance of a building permit. 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. Amendments to the Project or to the fee schedule adopted prior to issuance of a building permit shall require a new calculation. The fee total is based on the fee schedule in place at the time of Project approval and is calculated as follows: $565,500 (Valuation of Land per Assessor's Office) multiplied by 0.0095 acres (Land Dedication Standard), then multiplied by 0.33 = $1,772.84. p. Park Development Impact Fees. Park Development Impact Fees of $3,905 shall be assessed and payable prior to issuance of a building permit. Amendments to the Project or to the fee schedule adopted prior to issuance o f a building permit shall require a new calculation. The following fee total is based on the fee schedule in place at the time of Project approval: ~ 508441 Page: 6 of 10 03/30/2005 02.031 SILVIA DAVIS PITKIN COUNTY CO R 51.00 D 0.00 --j- Innsbruck Inn Timeshare Lodge PUD & Subdivision Improvements Agreement Page 7 of 10 Park Fees - Proposed Development: 10 (three-bedroom timeshare lodge units) multiplied by $1,520 per unit = $36.340 7 (1-bedroom timeshare lodge units) multiplied by $2,120 per unit = $14.840 1 (2-bedroom affordable housing unit) multiplied by $2,725 per unit = $2.725 Total: $53,905 Park Fees - Credit for Existing Development 33 (studio lodge units) multiplied by $1,520 per unit = $50.160 Total Credit: $50,160 q. Short-Term Rentals. All unsold timeshare units that are not used for exchange, marketing or promotional purposes shall be made available for short-term rent until purchased. Nothing in the timeshare documents shall prohibit short-term rentals or occupancy. Non-deed restricted units shall be available for short-term rental purposes when not occupied by a purchaser or a purchaser's guests or utilized for exchange program purposes. Owner has the right to sell twelve (12) timeshare estates per unit. r. Timeshare Documents. Owner shall submit timeshare documents to the City Attorney for review and approval prior to recording such documents with the Pitkin County Clerk and Recorder. s. Fiscal Impacts and Audits. Prior to building permit issuance, Owner shall mitigate an expected loss in lodging tax revenues resulting from the conversion of the existing lodge to a timeshare lodge by payment to the City of Aspen of a $19,791.00 fee. The City of Aspen shall, on its own accord, conduct an annual audit of the sales tax revenues that the City collects from the Project over its first five (5) years ofoperation to determine if the projected revenues were accurate; Owner shall cooperate with the City o f Aspen Finance Department in its annual audit efforts. No changes in the timeshare mitigation plan or fee shall be required as a result of the audit described herein. t, Previous Approvals Null and Void. The previous, unbuilt Innsbruck Inn expansion approvals granted pursuant to Ordinance No. 24, Series of 2002, are null and void. All related documents of record, such as but not necessarily limited to, the PUD Plans and PUD Agreement recorded pursuant to Ordinance No. 24, Series of 2002, are also hereby considered null and void and of no effect. 5. Colorado Common Interest Ownership Act (CCIOA). As soon as construction of the Project allows, Owner anticipates submitting the Project to a plan for condominiumization created pursuant to the Colorado Common Interest Ownership Act (CCIOA) in order to facilitate the conveyance of fractional shares and an ownership interest in the employee housing unit to the APCHA. The City agrees to process for approval and for recordation a condominium map prepared in accordance with the Code and CCIOA. As the Owner has provided affordable housing pursuant to the Code, the Project is exempt from paying the Affordable Housing Impact fee. 11 -/1 - 03/30/2005 02:031 508441 Page: 7 of 10 SILVIA b.vIS PITKIN COUNTY CO R 51.00 D e.ee - innsbruck Inn Timeshare Lodge PUD & Subdivision Improvements Agreement pages of 10 6. Historic Preservation Commission (HPO Approvals. The HPC approved Resolution Number 4, Series of 2005, provides Final Development Plan approval for the Project in the Main Street Historic District with the following conditions: a. Information on all venting locations and meter locations not described in the approved drawings shall be provided for review and approval by staff and monitor when such information is available; b. There shall be no deviations from the exterior elevations or landscape plan as approved (see Final PUD Plan) without first being reviewed and approved by HPC staff and monitor, or the full board; c. HPC conditions of approval "a" and "b," as provided above, shall be printed on the cover sheet of the building permit plan set and all other prints made for the purpose of construction. In addition, HPC Resolution Number 4, Series of 2005 includes approval of a minor PUD Amendment to establish the minimum front yard setback requirements as stated in Paragraph 2, Subsection "d," above. 7. Recordation. Pursuant to Section 27.480.070(E) of the Aspen Land Use Code, once fully executed, this Agreement and the Final Plat shall be recorded in the office ofthe Pitkin County Clerk and Recorder. Failure on the part o f the Owners to record the plat within one- hundred eighty (180) days following final land use approvals shall render the plat invalid and reconsideration and approval of the plat by the Planning and Zoning Commission and City Council will be required before its acceptance and recording, unless an extension or waiver is granted by the City for a showing of good cause. The onc-hundred eighty (180) day rccordation requirement contained herein shall not apply to the recording of condominium maps, or declarations or any other documents required to be recorded to accomplish a condominiumization in the City of Aspen. 8. Financial Security for Public ImprovÂ¢ments. In order to secure the performance of the construction and installation of improvements in the public right-of-way, including landscaping, the Owner shall provide the City with a financial security for the proposed improvements. The financial security shall take the form of a letter of credit, cash or other guarantees in a form satisfactory to the City Attorney and shall be submitted to the City prior to the initiation of construction or the issuance of any building permits. Pursuant to this Agreement, the Owner shall provide a detailed cost estimate ofthe improvements for approval by the City. The amount of the required financial security shall be 110% of the estimated cost of the improvements. The guarantee documents shall give the City the unconditional right, upon clear and unequivocal default by the Owner in its obligations to complete the public improvements, to withdraw funds against such security sufficient to complete and pay for installation for such public improvements, or to withdraw funds against such security sufficient to complete and pay for installation for such public improvements. If the improvements have not been completed to the satisfaction of the City within one year of the cost estimate, the City may require the Owner to adjust the amount of the financial security for local increases in construction costs. As portions of the improvements are completed, the City shall inspect them, and upon 508441 Page: 8 of 10 03/30/2005 02 : 031 SILVIA DAVIS PITKIN COUNTY CO R 51.00 0 0.00 . innsbruck Inn Timeshare Lodge PUD & Subdivision Improvements Agreement Page 9 Of 10 approval and acceptance, shall authorize the release of the agreed estimated costs for that portion of the improvements, except that ten percent (10%) of the estimated costs of the improvements shall be withheld for the benefit of the City until (i) all of the improvements have been inspected and accepted by the City, (ii) a two-year maintenance bond has been provided by the Contractor, and (iii) as-builts have been provided (if required). Separate financial securities and maintenance bonds are required for civil R.O.W. improvements (i.c. pipelines, sidewalks, and curbs) and landscaping R.O.W. improvements. 9. Notices. Notices to the parties shall be sent by United States certified mail to the addresses set forth below or to any other address which the parties may substitute in writing. To the Owner: Innsbruck Suites Investments, LLC c/o Gwen Dickinson, Re/Max Premier 422 East Hyman Avenue Aspen, CO 81611 With Copy To: J. Bart Johnson, Esq. do Otten Johnson Robinson Neff & Ragonetti, P.C. 420 East Main Street, Suite 210 Aspen, CO 81611 To City of Aspen: City Manger 130 South Galena Street Aspen, CO 81611 With Copy To: City Attorney 130 South Galena Street Aspen, CO 81611 10. Binding Effect. The provisions of this Agreement shall run with and constitute a burden on the land on which the Project is located and shall be binding on and inure to the benefit of the Owner's and the City's successors, personal representatives and assigns. 11. Amendment. The Agreement may be altered or amended only by written instrument executed by the parties. 12. Severability. Ifany of the provisions of this Agreement are determined to be invalid, it shall not affect the remaining provisions hereof. ATTEST: THE CITY OF ASPEN, a municipal corporation Kathryn S. ~ch, City Cl~~~:-<- Helen KlanÂ®rad, Majof 508441 1111111[1111,111111181111'mlmilli 111 03/30/2005 02:031 Page: 9 of 10 SILVIA DAVIS PITKIN COUNTY CO R 51.00 D 0.00 .. Innsbruck inn Timeshare Lodge PUD & Subdivision improvements Agreement Page 10 of l 0 APPROVED AS TO FORM: /--Ao A e.lzta Jehrr-W-orcestâ‚¬r, City Attorney OWNER: INNSBRUd~SUITES - TWÂ£, ME S~LLC - en filt~j~~s~s~~~ ~~~k~ 1 1 lu /bl- l STATE OF COLORADO ) )SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged be fore me this 8(DjfÂ¢off?>76*u~A_. 2005, by Helen Klanderud, Mayor, and Kathryn S. Koch, City Clerk. CE-YPU- Witness my hand and official seal. 1Â©,s: *""'-*Â·99AR My commission expires: *7~200~Â» 4Â£ 1 4~i,0.-2, 1 JACKE J 4/ '~ I < LOTHIAN J flotary P ubuf ) 4, 19 9"P.....I-~.OLOBY STATE OF ~ ~0/-Uh ) COUNTY OF pT/<~A- ,r* The foregoing instrument was acknowledged before me this ar day of /~r rÂ¢3~ , 2005, by Gwen F. Dickinson, as Assistant Manager of Innsbruck Suites Investments, LLC. Witness my hand and offi My commission expires: Not;14\*ic V V ~JANICEL JOHNSON -~ NOTARY PUBLIC STATE OF COLORADO My Commisslen Exoires. An,11 15,2008 g:\Iyly Documents\City Applications\!nnsbruck\Suites PUD-Subdivision Agrml .. -- F 1 - 508441 Page. 10 of 10 - 03/30/2005 02: 031 JILVIA DAVIS PITKIN COUNTY CO R 51.00 0 0 00 I RECEIVED btr 0 1 2010 CITY OF ASPEN COMMUNITY DEVELOPMENT CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Pavment of Citv of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) andIALIA,Nowl, Conkâ€¢Grqu- 4160(U,on- bt r.. (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for ~T-ka_ ~ A AbbM,li A=~A P L.*b (hereinafter. THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted 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 and/or 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 Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning 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 $ 7,35.00 whichis for 3 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 $245.00 per planner hour over the initial deposit. Such periodic payinents 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 APPLICANT ByÂ· By: ~ L--- C_ Chris Bendon Community Development Director Date: 9 -24 --20Â©16 Billing Address and Telephone Number: 2<53 La. (Â¥Us# '%:A. A'*CAA (D 916\\ 948- ?26-- 2190 .. RECEIVED bEF 0 1 2010 ATTACHMENT 2 -LAND USE APPLICATION PROJECT: CITY OF ASPEN COMMUNITY DEVELOPMENi Name: In ns\or-odÂ£_ /*r~ PUD Location: 366 W. 04; a g. . (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 9155 1 2-HS 4%65 APPLICANT: Name: E'\\ 05'U~(L Address: -2,53 LO. 461.%\_. Phone #: 170 - 306 - 9797- REPRESENTATIVE: Name: 9- A 5 461AL Address: Phone #: TYPE OF APPLICATION: (please check all that apply'): GMOS Exemption U Conceptual PUD E Temporary Use GMQS Allotment ~1 Final PUD (& PUD Amendment) U Text/Map Amendment Special Review E Subdivision E Conceptual SPA ESA - 8040 Greenline, Stream E Subdivision Exemption (includes U Final SPA (& SPA Margin. Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane 2 Commercial Design Review E Lot Split 2 Small Lodge Conversion/ Expansion E Residential Design Variance D Lot Line Adjustment 2/1 Other: 3 Conditional Use \re>>656#4\ FUD A,-4,Â·~+ EXISTING CONDITIONS: (description ofexisting buildings. uses, previous approvals, etc.) A-roil d cons#cold PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Cof\\16(* *AfoR nt Q.)46\~69,- 9,b fam E-Â·- Q< 0~6(- Â«S ~vn\/wedu>01- 31m-C.Â·C- - to A o,1 61 que*,Fica@,oril GuyÂ« O/\4 (r~>me. Lt,>kir5 64) Have you attached the followingt) U FFÂ£1 DrE: $ 735- 00 D Pre-Application Conference Summary 2 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 Â£ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. m El El El .. LAND USEAPPLICATION Insubstantial PUD Amendment 8/30/2010 Innsbruck Aspen PUD Street Address: 233 West Main Street, Aspen, CO 81611 Legal Description: Subdivision: INNSBRUCK(THE) Unit: GCE DESC: COMMON AREA Description of Proposal: Conversion of existing '019' storage space on Garden Level for use as a new exercise room. Facility will be for use byguests and fractional owners of The Innsbruck only (no memberships, public access, etc). PUD's surplus affordable housing credit to be applied to offset any increased requirements due to proposal. Parcel Detail http://www.pitkinasslier.org/assessor/Parcel.asp?AccountNumber... Pitkin County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Properti Search I Assessor Sllbset OuerY I Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics I Tax Information Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Land Detail I Photographs Tax Area Account Number Parcel Number 2009 Mill Levy 001 R020601 273512454803 25.253 Owner Name and Address INNSBRUCK CONDO ASSOC : 233 W MAIN ST ' ASPEN, CO 81611 Legal Description Subdivision: INNSBRUCK (THE) Unit: GCE DESC: COMMON AREA Location Physical Address: 233 W MAIN ST ASPEN Subdivision: INNSBRUCK (THE) Land Acres: Land Sq Ft: 0 2010 Property Tax Valuation Information Actual Value Assessed Value Land: 1 0 0 Improvements: 0 0 I of2 8/29/2010 5:48 PM Parcel Detail http://www.pitkinass~r.org/assessor/Parcel.asp?AccountNumber... Total: j 0 0 Sale Date: Sale Price: Basic Building Characteristics Number of Residential 10 Buildings: Number of Comm/Ind 0 Buildings: No Building Records Found Tax Information Balance Due as of 8/19/2010 $0.00 Current Year Balance Due $0.00 Delinquent Years' Balance Due $0.00 Total Balance Due Tax Year Due In Tax + Special Assessment Amount 2009 2010 1 $0.00 Top of Page Assessor Database Search Options I Treasurer Database Search Options Pitkin County Home Page The Pitkin County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However. Good Turns Software and the Pitkin County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright Â© 2008 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. 2 of2 8/29/2010 5:48 PM .. O & E REPORT To: LAND TITLE GUARRANTEE COMPANY Date Ordered: 08-30-2010 Land Title GUARANTEE COMPANY Attn: BILL GUTH Order Number 361538 Fax: Phone: 970-306-8757 Address: 233 W MAIN ST ASPEN, CO 81611 County: PITKIN LEGAL DESCRIPTION SUBDIVISION INNSBRUCK (THE) UNIT GCE DESC COMMON AREA, COUNTY OF PITK, STATE OF COLORADO. OWNERSHIP & ENCUMBRANCES Certification Date: 08-25-2010 OWNERSHIP: INNSBRUCK SUITES INVESTMENTS LLC Doc Type 09-24-2007 542332 Doc Fee Date Reference# PLAT MAP NA CONDO DECLAR NA 09-24-2007 542331 ENCUMBRANCES AND OTHER DOCUMENTS Item Payable To Amount Date Reference# Cust Ref# This report is for informational purposes only and does not constitute any form of title guaranty nor By: LESLIE BOYER insurance. The liability of this company shall not exceed the charge paid by the applicant for this report, nor shall the company be held liable to any party other than the applicant for this report. Land Title Property Resource Specialist Email: Iboyer@Itgc.com Phone: 970-925-1678 Fax: 800-318-8202 Form OE.WEB 06/OE .. INNSBRUCK SUITES INVESTMENTS, LLC MINUTES OF ACTION OF SOLE MEMBER BY UNANIMOUS WRITTEN CONSENT IN LIEU OF A SPECIAL MEETING The undersigned, being the sole member o f Innsbruck Suites Investments, LLC, a Colorado limited liability company (the "Company"), in lieu of holding a special meeting of the members of the Company, hereby adopts the following preambles and resolutions by unanimous written consent. WHEREAS, the Company is the owner of the real property described on Exhibit A attached hereto and all o f the improvements constructed on such real property (collectively, the "Condominium Property"); and WHEREAS, Pursuant to a Declaration of Condominium for The Innsbruck, a Condominium (the "Declaration") and a condominium map (the "Map"), the Company has established the Condominium Property as a condominium regime which creates, among other things, fractional interests in residential units located at the Condominium Property (the "Fractional Interests"); and WHEREAS, the Company has entered into and will continue to enter into purchase and sale agreements (the "Purchase Agreements") with certain individuals and entities (the "Purchasers") for the sale of Fractional Interests to Purchasers and desires to close on the sale of the Fractional Interests to the Purchasers pursuant the Purchase Agreements; and WHEREAS, the Company desires to appoint William Guth as an Assistant Manager of the Company and, in his capacity as Assistant Manager of the Company (all references hereinafter to William Guth shall be deemed to incorporate the foregoing language with respect to his capacity), authorize him to take such actions as may be necessary or appropriate to enter into Purchase Agreements with Purchasers, and to close the sale of Fractional Interests to Purchasers pursuant to such Purchase Agreements. NOW, THEREFORE, BE IT RESOLVED that William Guth is hereby appointed as an Assistant Manager ofthe Company; and FURTHER RESOLVED, that the Company's entry into Purchase Agreements with Purchasers (whether now existing or subsequently executed), and sale of Fractional Interests to Purchasers pursuant to Purchase Agreements, is hereby approved; and FURTHER RESOLVED, that William Guth is hereby authorized and empowered to execute, deliver and perform Purchase Agreements, all other documents required to be executed and delivered in connection with the sale of Fractional Interests to Purchasers, and such other items and documents as he shall deem necessary or desirable to execute and deliver in connection with any of the 947942.1 .. foregoing, in such form and with such content as may be approved by him, such approval to be conclusively evidenced by such execution and delivery; and FURTHER RESOLVED, that William Guth is hereby authorized to do and perform or cause to be done and performed in the name of and on behalf of the Company or otherwise, such other acts and to pay or cause to be paid on behalf o f the Company such related costs and expenses, to execute and deliver or cause to be executed and delivered such other notices, requests, demands, directions, consents, approvals, orders, applications, certificates, agreements, assignments, undertakings, supplements, amendments, further assurances or other instruments, and to accept such deliveries as he may deem to be necessary or advisable in order to carry into effect the intent o f the foregoing resolutions or to comply with the requirements of the instruments approved and authorized by the foregoing resolutions or to effectuate fully the transaction contemplated by the foregoing resolutions; and FURTHER RESOLVED, that any acts of William Guth, which acts would have been authorized by the foregoing resolutions except that such acts were taken prior to the adoption of such resolutions are hereby severally ratified, confirmed, approved and adopted as the acts in the name and on behalf o f the Company. Executed copies hereof may be delivered by facsimile and upon receipt shall be deemed originals and binding upon the parties hereto, notwithstanding that the parties intend to deliver signed originals thereafter. The undersigned, being the sole member ofthe Company, hereby consents to, and approves and adopts the foregoing preambles and resolutions effective as of the iLl, day of 8 6-Â¥ ,2010. 1 SOLE MEMBER: - 1 INNSBRUC pEVELOPMENT, LLC, a Colo 1 likiliG'Â¢bmpany 17\ v By: ~ i / DMd A. Belford, Sole Member and Manager 947942,1 CONDOM][NiUM MAP OF THE INNSBRUCK, A CONDOM I NI UM 1.,0 8 85 P B SITUATED ON LOTS A. 0, C. D AND E, 8LOCK 54 CITY Â»ID '01Â»43'TE of A5PEN 0 10 . ALSO KNOWN /1 OWNER S CERTIFICATE ,,NA,m'ij:'MY'aX'mFi73(EtÂ¢:3'50~F>,4 EMU!!m %!SI!:'941;m:,~ LOTI I, 1, C, D AN~ ~, SLOCK 52, CITY *Â¢*IN O~ 4~Â¢ C..TY O. PiTKIMI .ATE 0, COLORADO AaÂ© K./.4 . CONTOMMO 0 33~ ACRES Â·/ M.000 SO FT ./ I 6518.â€¢FE/39#F<Miâ‚¬5100,EÂ°EW'*Ub' VICI NET Y MAP DOU leal~ CiRTIA â„¢0,1 Till* IW * CC~.Mr, CG il~l,1 170,~ . C~LIU.01~0 R.""?N;*-*UFF,%?5#*m#"Far~7 ./. :UIT. Ill'lliâ„¢BINTS. 1.LC, A COt~â€¢IM 'IMItln LIal~$r, c,Â»,a.. iÂ»*Â£12,â‚¬574' ,*Sr :16.*2. 21!y STREET COUNTâ€¢ OF . ~ TK, M 1 , PISMÂ· I 4 IM J ~a1-' /-1 i / 1, 4..0&'19Â¥jl--11 LENDERS CONSENT ~. . 234//~ rq:.3,-4,67%111.1!~ -- 0- \11\\\ Nce/ l C.-_-1 - Ph 2*k,0 4.:1@E&#~CaMPLE"x â„¢fi.wk"Wh,7 : // - --l .twim#,ig' -Â»4-44 07/ f Â·. \ ec. h TIM =L,... C./h11-_ --h.# - 1~ M#.%'~G*t I..0Â£ .NIâ„¢, 196- E i r##... YELL. .1.4 Srai . ... U. 12 8 IR --1 1- 1 â€žA * 1 f---LJ\.1-T)*izi 4 ,â€ž 1 71.7." 3 ,Â°'"'Â¥ 00 59:*Il' 6 ss . 70 4/'*I~ dE *:,i,4Â¥ c i~ e 7 â‚¬'MÂ· 1 1 m r 2 1 ,-- 1 2 b. 1 1 - a-*M -923.211 ,--1*IC <=<RM<la~= 'TARÂ¥ 'I. C ~ 2 CÂ°rERICAL - bvg 2/ SURVEYORS CERTIFICATE A i STORY - 1 44 1 -AL I /B i , 000/. â€¢ i."61014 Â¥ 4.1â€¢LETED Al~ -* ..A~..... .... I L U.1- 1 C 1. ., 74 1 143 1 *! I 2 67,-K<N I *pr T I TLE46Â»1+A,4 , 1 / 1 8/,miÂ»416: m..11=:12# '11.- 3222#ilifil.ruist#iligillilitip: STAt. Al.0 ,â‚¬.01. 1 1 2 JM| %10 . 0.*'J*'*Al"L#A. 1 1 gil ...%-~*' III&. + . h .41 'Mâ€¢,No AlPell, Cl~Abe " --22.,1 , VOD U~,taMca:27_Â·,râ€¢L. a.....:..i LEGEND AND NOTE S Â»4-Â«Ch- STATE . C...00 1 6, CCMT.. 41/T ----- '05,10 Ae.", .'....'. â€ž.i.Â· :-Â¤.1 2- â€ž COMMUNITY DEVELOPMENT APPROVAL .--- *1~!* eCE ' /23 "EC'.IC 1...'.O"I~ - -N- Â»C> L- ".. 34mEFergo:uY -ptuncl 1 Si#"#2:~Ire---- STAIA, 0,- J - 4 L Â£ E r.40 Al~â€ž ~ ~- _~Â¢â€¢47 0 ..El I- CITY ENGINEER S APPROVAL â„¢AM*'#rm N #lau,21~W- Ciri ~ A~*, CILO~~0 " Â°4 . Â°3,Â£â€žO,%Â£* 3 2 -1- - B. liD ar- *E ~EFGAAL C~*4JN .Â»GN' - ,;Mfwwgililiqfillill:,=".................- - M .AU *,Rel A.J 00 -- *12;,51,7/in44645 EM,30,630!~ CLERK AND RECORDERS ACCEPTAW en MI mu'Wr't:;11:LY.=r:,Url.=m: It:P !01[: Utru'Â»WA;:''dol.!174-.mM:':.i:t",tr/ RECEPTION' 642~]2 09,2~20078 9,0.UE;Â¢24 INT*111--*1!D -I :,f- W * U~0 â€¢0â€¢ UluT 01*S 09:3527 AM. 1(* 2 A S210*JI~ceK ..s C~ud~H Prlk/Co~n/ CO PLAT- 85 PG B INDEX AVEN SURVEY ENGINRE< INC =BaWAuM# AIMN, # /01 =Arn JO. â€¢Ho~.AX f./1 .6 3,16 SHEET 1 OF 2 .,â€ž 9,340' .. EXHIBIT A to MINUTES OF ACTION (Description of Condominium Property) Lots A, B, C, D and E, Block 52, City and Townsite of Aspen, Pitkin County, Colorado Exhibit A Page 1 947942.1 7 - 4. ~ Traffic ~ 1 More.. ~ ~ Map I Satellite I Earth 1 % Râ€¢;e MOU./i,- cl s"Diye< 4.40 f.: 3 4,0 4 1% '.. 0 4, 2 O 4, --1 19 ./ 94, . 5. 4 4 t m U CO Ro ;iii - R ed BUM i â‚¬D ":10:92:ty Ln i c %08,1 J g 3 $ 44 47 3 re I : 4 -0 3 9 'ev OX,e55:Â£: St . 4 9 .' 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