Loading...
HomeMy WebLinkAboutagenda.apz.20110906 AGENDA ASPEN PLANNING AND ZONING COMMISSION SPECIAL MEETING TUESDAY, September 6, 2011 4:30 p.m. Sister Cities room 130 S. Galena Street, Aspen I. ROLL CALL II. COMMENTS A. Commissioners B. Planning Staff C. Public III. MINUTES IV. DECLARATION OF CONFLICT OF INTEREST V. PUBLIC HEARINGS — A. Miscellaneous Code Amendments — vacation rentals B. Monarch on the Park (233 E. Cooper)— PUD amendment C. Aspen Club (1450 Crystal Lake Road) — Final Commercial Design Review VI. OTHER BUSINESS VII. BOARD REPORTS VIII. ADJOURN Next Resolution Number: — MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Chris Bendon, Community Development Director IYAMn FROM: Sara Adams, Senior Planner�Z — IJV���I RE: Vacation Rentals Code Amendment DATE: September 6, 2011 (continued from 7/5, 7/19, 8/2, 8/16, and 8/23) Staff has revised the draft Resolution as per the Planning and Zoning Commission's request. The changes are outlined below CLARIFICATIONS /CHANGES TO PROPOSED LANGUAGE SINCE 8/16 MEETING: Additions look like this and are underlined. Del lions look like this and are crossed out. Section 1: Staff changed the definition of "short term" to occupancy of a dwelling unit for six months or less. This reflects the current regulations for short term rentals (see the crossed out section of "long term" for the current regulations). Staff changed the name of the program from Vacation Rental to Short Term Rental. The request to add the terms "short term" before each mention of Vacation Rental seemed excessive, so Staff just omitted "Vacation" from the proposed language. Long term. The occupancy of a dwelling unit for residential purposes for a time period of more than six (6) months in duration per year. not less than six (6) consecutive months and shall include rental occupancies, except that two (2) shorter rental occupancies may be allowed per dwelling unit per year. Short _term. The occupancy of a hotel or lodge unit for a rental time period not exceeding one (1) month in duration or the occupancy of a dwelling unit for residential purposes for a time period that is six (6) months or less in duration per year. ¥aeatien -Short Term rRental. The short term occupancy of a residential dwelling unit by the general public for a fee. - • . • • - individual rooms within a residential dwelling unit. (See Supplementary Regulations - Section 26.575.220 Short Term Rentals). Section 2: Part C. Short Term Rental Period: A new section is added to clarify the number of short term rentals permitted in each zone district. C. Short Term Rental Period. Dwelling units located outside of the lodging zone districts (L, LP, LO, CL) are permitted two (2) short term occupancies per dwelling unit per year. Dwelling units Vacation Rental Code Amendment P &Z memo, September 6, 2011 Page 1 of 3 2 located within the lodging zone districts are permitted unlimited short term occupancies. (See Section 26.104.100, Definitions.) Part D. Short Term Rental Standards 5. Local Owner Representative: Language is added regarding the location of signage and the requirement to notify the City of a change in representative throughout the year. 5. Local owner representative. The owner of a VacationShort Term Rental, if residing in the Roaring Fork Valley or a designated representative of the owner residing within the Roaring Fork Valley, shall be on call to manage the VacationShort Term Rental during any period within which the VacationShort Term Rental is occupied. The name, phone number and address of the local owner or the local owner representative shall be provided to the Community Development Department at time of application for a VacationShort Term Rental Permit and posted on the City website. It is recommended, but not required, that a sign identifying the representative's name and number be posted on the property pursuant to Section 26.510.030.B.17 Property Management/Timeshare identification signs. It is recommended that the sign be located close to the home to reduce visual impacts on the neighborhood. It is the responsibility of the owner representative to inform VacationShort Term Rental occupants about all relevant City of Aspen ordinances including, but not limited to parking, trash and noise. It is the responsibility of the owner to notify the City if there is a change in local owner representative within a reasonable timeframe. 6. Lodging and sales taxes: Staff omitted the reference to "retailers." 6. Lodging and sales taxes. VaeationShort Term Rentals are deemed to he "retailers" as that term is defined at Section 23.0'1.010, and accordingly shall be subject to all taxpayer responsibilities set forth at Chapter 23.08, Taxpayer's Responsibilities, particularly the responsibility to collect and payment -to remit ef-all applicable sales and lodging taxes. 7. Notice: Staff added a requirement to notify the city and re- notice if the owner representative changes. 7. Notice. Mail notice to neighbors adjacent parcels, as defined in Section 26.104.100 Definitions, to the \ueationShort Term Rental notifying neighbors that (i) the Community Development Department issued a VacationShort Term Rental Permit for the subject property; and, (ii) the name and contact information for the local owner-s representative. It is the responsibility of the owner to re- notify neighbors upon a change in local owner representative within a reasonable timeframe. Part E. Annual Short Term Rental Permits. 3. Exceptions. Staff deleted the exception regarding notice for multi - family units. 3. Exceptions. a. Multi- family dwelling units within the same complex have the option to submit a consolidated VacationShort Term Rental Permit application for multiple units Vacation Rental Code Amendment P &Z memo, September 6, 2011 Page 2 of 3 3 managed by one local owner representative. If multi - family dwelling units use different owner representatives, separate applications are required. b. Ma1G ..ily u..1ts are not required to provide notice pursuant to Section 26.575.220(C)(7). e:b.Single family and duplex dwelling units in Lodging Zone Districts are not required to provide notice pursuant to Section 26.575.220(C)(7). Staff Comments: Staff is not supportive of limiting the number of short term rentals. Staff finds that the lack of complaints from vacation rentals over the years is a testament to the type of families that rent residential units in Aspen. Furthermore, the lack of understanding of the current Code restrictions leads one to believe that homeowners that want to rent are already renting. Staff does not find that allowing unlimited short term rentals will suddenly bring an onslaught of new rentals into the market. It is also important to recognize, according to 2010 Census data, that the West End, East End and Cemetery Lane neighborhoods in general all experienced a decrease in population. Allowing rentals will contribute to the energy and vitality of Aspen's neighborhoods. Recommendation: The Planning and Zoning Commission is asked to make a recommendation to City Council. ATTACHMENTS: Resolution # Series of 2011 EXHIBIT A — Section 26.310.040 Standards of Review EXHIBIT B - CAST survey [provided on August 16 and August 231 EXHIBIT C — Staff Memo dated August 16, 2011 [provided August 16 and August 231 Vacation Rental Code Amendment P &Z memo, September 6, 2011 Page 3 of 3 4 RESOLUTION No. _ (Series of 2011) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION, ASPEN, COLORADO, RECOMMENDING THAT CITY COUNCIL AMEND THE ASPEN MUNICIPAL CODE BY AMENDING SECTION 26.104.100, DEFINITIONS, AMENDING VARIOUS SECTIONS OF CHAPTER 26.710, ZONE DISTRICTS, AND ADDING A NEW SECTION 26.575.220, VAC 'l TIONSHORT TERM RENTALS,. WHEREAS, in accordance with Sections 26.210 and 26.310 of the City of Aspen Land Use Code, the Director of the Community Development Department initiated amendments to the Land Use Code related to Section 26.104.100, Definitions, Chapter 26.710, Zone Districts, and adding a new Section 26.575.220, VacationShort Tenn Rentals; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Community Development Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of. Aspen Land Use Code Section 26.104.100, Definitions, Chapter 26.710, Zone Districts, and adding a new Section 26.575.220, VacationShort Term Rentals, as described herein; and, WHEREAS, the Planning and Zoning Commission held a duly noticed public hearing to consider the proposed amendments described herein on July 19, 2011 continued from July 5, 2011, took and considered public testimony and the recommendation of the Community Development Director and recommended, by a _ - vote, that City Council adopt the proposed amendments. WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all the applicable standards and that the approval of the amendments are consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 1 of 20 5 Section 1. That Section 26.104.100 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to add the definition of the term "VacationShort Term rental ", and by amending the definitions of the terms, "Hotel ", "Long term ", and "Short term ", which amended terms shall read as follows: Hotel (a.k.a. Lodge). A building or parcel containing individual units used for overnight lodging by the general public on a short-term basis for a fee, with or without kitchens within individual units, with or without meals provided and which has common reservation and cleaning services, combined utilities and on -site management and reception services. Timeshare (a.k.a. fractional) units and timeshare developments are considered hotels for the purposes of the Land Use Code. For hotels with flexible unit configurations, also known as "lock -off units," each rentable division or "key" shall constitute a lodge unit for the purposes of this Title. Unless otherwise approved pursuant to Chapter 26.590 — Timeshare Development, occupancy periods of a hotel or unit thereof, by any one (1) person or entity with an ownership interest in the hotel or units thereof, shall not exceed thirty (30) consecutive days or exceed ninety (90) days within any calendar year, regardless of the form of ownership. Occupancy periods for person or entities with no ownership interested (e.g. vacationers) shall be limited only by the ninety -days per calendar year requirement. litnitat.e not },ply to residential properties (single family, duplex and multi family) for short term occupancies. Long term. The occupancy of a dwelling unit for residential purposes for a time period of more than six (6) months in duration per year. net -less than six (6) consecutive months and shall include rental occupancies, except that two (2) shorter rental occupancies may be allowed per dwelling unit per year. Short-term. The occupancy of a hotel or lodge unit for a rental time period not exceeding one (1) month in duration or the occupancy of a dwelling unit for residential purposes for a time period that is six (6) months or less in duration per year. Vaeation-Short Term (Rental. The short term occupancy of a residential dwelling unit by the general public for a fee. A vacation rental shall not include the rental of - • . (See Supplementary Regulations - Section 26.575.220 Short Term Rentals). Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 2 of 20 6 Section 2. That the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding a Section 26.575.220 which said Section shall read as follows: 26.575.220 Vaeation-Short Term Rentals A. Intent and purpose The purpose of this section is to establish the procedures and standards by which Vacation RentalShort Term Rentals (See § 26.104.100, Definitions), of residential units are permitted within the City. It is the City's intent to establish Vacation RentalShort Term Rental regulations that promote a mix of lodging options that support the City of Aspen's tourism base and local economy; that uphold the health, safety and welfare of the public; and, that protect long term residential neighborhoods by ensuring that the impacts of Vacation RentalShort Term Rentals do not adversely affect the residents and the character of residential areas. B. Annual Vacation -Short Term Rental Permit Required. I. It shall be unlawful for any person, whether a principal or agent, clerk or employee, either for him or herself, or for any other person or for anybody, corporation or otherwise, to lease or operate a Vacation-RentalShort Term Rental without first obtaining an Annual Vacation Rental Permit in accordance with the provisions of this Section or operating same in violation of the standards set forth herein. An annual Vacation Rental Permit may be obtained by an authorized representative of the property owner. 2. This section shall not apply to leases or other rental arrangements in Lodges, Timeshare Lodges, Bed and Breakfasts, and Hotels, or Long Term occpuancies. (See Section 26.104.100, Definitions, for definitions of these terms.) 3. A Short Term Rental is not permitted to rent individual rooms within a residential dwelling unit. 4. It shall be unlawful for any person, whether a principal or agent, clerk or employee, either for him or herself, or for any other person or for anybody, corporation or otherwise, to lease or operate a Vacation RentalShort Term Rental in a Bandit Unit. C. Short Term Rental Period Limitations. Dwelling units located outside of the lodging zone districts (L, LP, LO, CL) are permitted no more than two (2) short term occupancies per dwelling unit per year. Dwelling units located within the lodging zone districts are permitted unlimited short term occupancies. (See Section 26.104.100, Definitions.) D. Short term Vaeatien- Rental Standards. Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 3 of 20 7 The following standards shall be applicable to Vacation Short Term Rentals. 1. Homeowners' Association Notification. When the proposed VacationShort Term Rental is part of a common interest community, a letter shall be submitted to the Homeowners' Association providing notification of an application for a vacationShort Term rental permit. 2. Business License. Any person who owns or represents one or more NacatienShort Term Rentals shall obtain an annual City of Aspen business license pursuant to Chapter 14.08, Business Licenses. If an individual or business entity acts as a designated representative of one or more VacationShort Term Rentals, only one business license is required. However, each residential unit shall obtain a ,VacationShort Term Rental Permit. 3. Parking requirement. VacationShort Term Rentals shall provide adequate off - street parking in compliance with Section 26.515, Off - street Parking, or on- street parking in compliance with Section 24.16.060, Residential guest permit and /or Section 24.16.070, Lodge guest permit. 4. Trash/storage requirement. VacationShort Term Rentals shall provide clearly defined trash and recycle area and Wildlife- Resistant Trash and Recycling Enclosures, as specified in Chapter 12.08, Wildlife Protection. 5. Local owner representative. The owner of a VacationShort Tenn Rental, if residing in the Roaring Fork Valley or a designated representative of the owner residing within the Roaring Fork Valley, shall be on call to manage the VacationShort Term Rental during any period within which the VacationShort Term Rental is occupied. The name, phone number and address of the local owner or the local owner representative shall be provided to the Community Development Department at time of application for a VacationShort Term Rental Permit and posted on the City website. It is recommended, but not required, that a sign identifying the representative's name and number be posted on the property pursuant to Section 26.510.030.B.17 Property Management /Timeshare identification signs. It is recommended that the sign be located close to the home to reduce visual impacts on the neighborhood. It is the responsibility of the owner representative to inform VacationShort Term Rental occupants about all relevant City of Aspen ordinances including, but not limited to parking, trash and noise. It is the responsibility of the owner to notify the City if there is a change in local owner representative within a reasonable timeframe. 6. Lodging and sales taxes. VacationShort Term Rentals arc deemed to be "retailers" as that term is defined at Section 23.01.010, and accordingly shall be subject to all taxpayer responsibilities set forth at Chapter 23.08, Taxpayer's Responsibilities, Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 4 of 20 8 • particularly the responsibility to collect and payment to remit of all applicable sales and lodging taxes. 7. Notice. Mail notice to neighbors adjacent parcels, as defined in Section 26.104.100 Definitions, to the VacationShort Term Rental notifying neighbors that (i) the Community Development Department issued a VacationShort Term Rental Permit for the subject property; and, (ii) the name and contact information for the local owner representative. It is the responsibility of the owner to re- notify neighbors upon a change in local owner representative within a reasonable timeframe. EA. Annual VaeationShort Term Rental Permits. 1. Applications. Applications for Annual VacationShort Term Rental Permits shall be submitted to the Community Development Department. The application for a VacationShort Term Rental Permit shall contain the following: a. If applicable, confirmation that notice was provided to the Home Owner's Association. b. A City of Aspen business license or application.. c. Evidence as required by the Community Development Department that the VacationShort Tenn Rrental is capable of providing sufficient parking. d. Evidence as required by the Community Development Department of a wildlife resistant refuse container or dumpster enclosure that meets the requirements of Municipal Code Section 12.08 Wildlife Protection. e. The name, phone number and address of the owner or Local owner representative. f. Written confirmation that notice was provided to adjacent neighbors. 2. Annual permit renewal. A new application for an Annual VacationShort Term Rental Permit shall be submitted each calendar year in accordance with the following application requirements: 26.575.220(D)(1)a, b, e, and f. 3. Exceptions. a. Multi- family dwelling units within the same complex have the option to submit a consolidated VacationShort Term Rental Permit application for multiple units managed by one local owner representative. If multi - family dwelling units use different owner representatives, separate applications are required. ')6.575.220(C)(7). e7b.Single family and duplex dwelling units in Lodging Zone Districts are not required to provide notice pursuant to Section 26.575.220(C)(7). Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 5 of 20 9 FE. Review Standards. The Community Development Department shall review applications for Annual VacationShort Term Rental Permits for conformance with the review standards listed below. A license may issue upon a determination of the following by the Community Development Department: 1. A completed application containing the information described in Section 26.575.220(D)(2). Compliance with the VacationShort Term Rental Standards set forth in Section 26.575.220(C). GE. Enforcement and Revocation. Any person violating any provision of this Section 26.575.220 shall be subject to the penalty provisions of Section 26.104.040, Applicability and penalty, In addition, any VacationShort Term Rental in violation of this Section 26.575.220, VacationShort Term Rentals, shall be subject to a revocation of the VacationShort Tenn Rental Permit as set forth herein. HG. Denial and Revocation. Whenever the Community Development Director has cause to believe that any holder of an Annual VacationShort Term Rental Permit is engaging, or is engaged, in any activity such as to preclude the issuance of a permit applied for or to warrant revocation of any permit presently held, he or she shall conduct a hearing to determine if such action shall be taken. The applicant or licensee affected shall be given adequate notice of any such hearing and be given a full opportunity to be heard and an opportunity to cure prior to denial or revocation of an Annual VacationShort Term Rental Permit. 114. Appeal. An applicant or licensee aggrieved by a determination made by the Community Development Department denying or revoking an Annual VacationShort Tenn Rental Permit may appeal to the City's Administrative Hearing Officer in accordance with the procedures established by Chapter 26.316, Appeal Procedures. Section 3. That Section 26.710.040 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.040. Medium- Density Residential (R -6). A. Purpose. The purpose of the Medium - Density Residential (R -6) Zone District is to provide areas for long -term residential purposes, short term vacationShort Term (Rentals, and customary accessory uses. Recreational and institutional uses customarily Planning & Zoning Commission Reso # of 2011 Vacation Rental Code Amendment Page 6 of 20 10 • found in proximity to residential uses are included as conditional uses. Lands in the Medium - Density Residential (R -6) Zone District are generally limited to the original Aspen Townsite, contain relatively dense settlements of predominantly detached and duplex residences and are within walking distance of the center of the City. B. Permitted uses. The following uses are permitted as of right in the Medium - Density Residential (R -6) Zone District: 1. Detached residential dwelling. 2. Duplex. 3. Two (2) detached residential dwellings. 4. Home occupations. 5. Accessory buildings and uses. 6. Accessory dwelling units and carriage houses meeting the provisions of Chapter 26.520. 7. Vacation rental-Short Term Rentals. Pursuant to Section 26.575.220 Section 4. That Section 26.710.050 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.050. Moderate - Density Residential (R -15). A. Purpose. The purpose of the Moderate - Density Residential (R -15) Zone District is to provide areas for long -term residential purposes, short term vacation rentalShort Term Rentals, and customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Moderate - Density Residential (R -15) Zone District typically consist of additions to the Aspen Townsite and subdivisions on the periphery of the City. Lands within the Townsite which border Aspen Mountain are also included in the Moderate - Density Residential (R -15) Zone District. B. Permitted uses. The following uses are permitted as of right in the Moderate- Density Residential (R -15) Zone District. 1. Detached residential dwelling. 2. Duplex. 3. Two detached residential dwellings. 4. Home occupations. 5. Accessory buildings and uses. 6. Accessory dwelling units and carriage houses meeting the provisions of section 26.520.040 7. Vacation rentalShort Term Rentals. Pursuant to Section 26.575.220. Section 5. Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 7 of 20 11 That Section 26.710.060 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.060. Moderate - Density Residential (R -15A). A. Purpose. The purpose of the Moderate - Density Residential (R -15A) Zone District is to provide areas for long -term residential purposes, vacation rental-Short Term Rentals, and customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Moderate - Density Residential (R -15A) Zone District are similarly situated to those in the Moderate - Density Residential (R -15) Zone District and are lands annexed from Pitkin County from Zone Districts in which duplexes are a prohibited use. B. Permitted uses. The following uses are permitted as of right in the Moderate - Density Residential (R -15A) Zone District: 1. Detached residential dwelling. 2. Duplex, provided fifty percent (50 %) of the duplex units are restricted to affordable housing. 3. Two (2) detached residential dwellings. 4. Home occupations. 5. Accessory buildings and uses. 6. Accessory dwelling units and carriage houses meeting the provisions of Section 26.520. 7. Vacation rcntalShort Term Rentals. Pursuant to Section 26.575.220. Section 6. That Section 26,710.070 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.070. Moderate - Density Residential (R -15B). A. Purpose. The purpose of the Moderate - Density Residential (R -15B) Zone District is to provide areas for long -term residential purposes, vacation rcntalShort Term Rentals, and customary accessory uses. Lands in the Moderate - Density Residential (R- 15B) Zone District are similarly situated to those in the Moderate- Density Residential (R- 15) and (R -15A) Zone Districts, but are those in which single- family structures are a permitted use and duplexes are prohibited. B. Permitted uses. The following uses are permitted as of right in the Moderate - Density Residential (R -15B) Zone District: 1. Detached residential dwelling. 2. Home occupations. 3. Accessory buildings and uses. 4. Vacation rentalShort Term Rentals. Pursuant to Section 26.575.220. Section 7. Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 8 of 20 . 12 That Section 26.710.080 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.080. Low - Density Residential (R -30). A. Purpose. The purpose of the Low- Density Residential (R -30) Zone District is to provide areas for long -term residential purposes, vacation rentalShort Term Rentals,and customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Low - Density Residential (R -30) Zone District are typically located along river frontages in outlying areas of the City. B. Permitted uses. The following uses are permitted as of right in the Low- Density Residential (R -30) Zone District: 1. Detached residential dwelling. 2. Duplex. 3. Home occupations. 4. Accessory buildings and uses. 5. Accessory dwelling units and carriage houses meeting the provisions of Chapter 26.520. 6. Vacation RentalShort Term Rentals. Pursuant to Section 26.575.220. Section 8. That Section 26.710.090 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.090. Residential Multi- Family (RMF). A. Purpose. The purpose of the Residential Multi- Family (RMF) Zone District is to provide for the use of land for intensive long -term residential purposes, vacation rentalShort Term Rentals, and customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Residential Multi- Family (RMF) Zone District are typically those found in the Aspen infill area, within walking distance of the center of the City or lands on transit routes and other lands with existing concentrations of attached residential dwellings and mixed attached and detached residential dwellings. B. Permitted uses. The following uses are permitted as of right in the Residential Multi - Family (RMF) Zone District: 1. Detached residential dwelling. 2. Two (2) detached residential dwellings. 3. Duplex dwelling. 4. Multi- family dwellings. 5. Home occupations. 6. Accessory buildings and uses. 7. Dormitory. Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 9 of 20 13 limited component of free market lots /units to offset the cost of developing affordable housing. It is contemplated that land may also be subdivided in connection with a development plan. The AH /PUD Zone District is intended for residential use primarily by permanent residents of the community and in some instances allows for vacation rentalShort Term Rentals. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the AH /PUD Zone District should be scattered throughout the City to ensure a mix of housing types, including those which are affordable by its working residents; at the same time the AH /PUD Zone District can protect the City's neighborhoods from rezoning pressures that other non - community - oriented Zone Districts may produce. Further, lands in the AH /PUD Zone District should be located within walking distance of the center of the City or on transit routes. B. Permitted uses. The following uses are permitted as of right in the AH /PUD Zone District: 1. Residential uses restricted to category affordable housing guidelines and resident occupied units which comply with the following requirements: a. Minimum bedroom mix. A minimum of seventy percent (70 %) of the project's total bedrooms shall be deed restricted affordable housing consistent with the Affordable Housing Guidelines, The mix between categories of housing shall be consistent with the Affordable Housing Guidelines. The remaining bedrooms that are not deed restricted to affordable housing may be free market residential units. b. Permissible reduction in bedroom mix for exemplary projects. A project may be eligible for a reduction of the minimum affordable housing bedroom mix requirement to a level of sixty percent (60 %) of the project's total bedrooms if the applicant can demonstrate to the satisfaction of the City Council that the project meets the requirements for an exceptional project as set forth in the Affordable Housing Guidelines. 2. Home occupations. 3. Accessory buildings and uses. 4. Accessory dwelling units meeting the provisions of Chapter 26.520. 5. Vacation rentalShort Term Rentals. Pursuant to Section 26.575.220. Section 11. That Section 26.710.120 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.120. High Density Residential (R -3). A. Purpose. The purpose of the High Density Residential (R -3) Zone District is to provide for the use of land to locate manufactured housing for intensive long -term Planning & Zoning Commission Reso # of 2011 Vacation Rental Code Amendment Page 11 of 20 • 14 8. Accessory dwelling units and carriage houses meeting the provisions of Chapter 26.520. 9. For historic landmark properties: bed and breakfast. 10. Vacation RcntalShort Tenn Rentals. Pursuant to Section 26.575.220. Section 9. That Section 26.710.100 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.100. Residential Multi - Family -A (RMFA). A. Purpose. The purpose of the Residential Multi- Family -A (RMFA) Zone District is to provide for the use of land for intensive long -term residential purposes, vacation rcntalShort Term Rentals, and customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Residential Multi- Family -A (RMFA) Zone District are typically those found in the Aspen infill area, within walking distance of the center of the City or lands on transit routes and other lands with existing concentrations of attached residential dwellings and mixed attached and detached residential dwellings. B. Permitted uses. The following uses are permitted as of right in the Residential Multi- Family -A (RMFA) Zone District: 1. Detached residential dwelling. 2. Two (2) detached residential dwellings. 3. Duplex dwelling. 4. Multi- family dwellings. 5. Home occupations. 6. Accessory buildings and uses. 7. Dormitory. 8. Accessory dwelling units and carriage houses meeting the provisions of Chapter 26.520. 9. For historic landmark properties: bed and breakfast. 10. Vacation RcntalShort Term Rentals. Pursuant to Section 26.575.220. Section 10. That Section 26.710.110 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.110. Affordable Housing/Planned Unit Development (AH/PUD). A. Purpose. The purpose of the Affordable Housing /Planned Unit Development (AH /PUD) Zone District is to provide for the use of land for the production of category affordable housing and resident occupied lots and units. The Zone District also permits a Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 10 of 20 15 residential purposes, vacation rentalShort Term Rentals, and customary accessory uses and less intensive office uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. The High Density Residential (R -3) Zone District shall be located in areas where the effect on surrounding property shall be minimized, where the health, safety and general welfare of the High Density Residential (R -3) Zone District residents and others will be protected and where the topography is suitable for the permitted uses and conditional uses allowed in the High Density Residential (R -3) Zone District. B. Permitted uses. The following uses are permitted as of right in the High Density Residential (R -3) Zone District: 1. Mobile home park. 2. Home occupations. 3. Accessory buildings and uses. 4. Accessory dwelling units meeting the provisions of Chapter 26.520. 5. Vacation Rental-Short Term Rentals. Pursuant to Section 26.575.220. C. Conditional uses. The following uses are permitted as conditional uses in the High Density Residential (R -3) Zone District, subject to the standards and procedures established in Chapter 26,425: 1. Park and open use recreation site. 2. Public and private academic school. 3. Church. 4. Child care center. Section 12. That Section 26.710.130 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.130. Rural Residential (RR). A. Purpose. The purpose of the Rural Residential (RR) Zone District is to allow utilization of land for low density, long -term residential and vacation rentalShort Term Rental purposes with the recreational, institutional, public and other compatible uses customarily found in proximity to those uses allowed as permitted uses or conditional uses. B. Permitted uses. The following uses are permitted as of right in the Rural Residential (RR) Zone District: 1. Detached residential dwelling. 2. Farm building and use, provided that all such buildings and storage areas are located at least one hundred (100) feet from pre- existing dwellings on other lots. Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 12 of 20 • 16 3. Nursery. 4. Greenhouse. 5. Home occupations. 6. Accessory buildings and uses. 7. Accessory dwelling units meeting the provisions of Section 26.520.040. 8. "°c =Short Term Rental. Pursuant to Section 26.575.220. Section 13. That Section 26.710.140 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.140. Commercial Core (CC). A. Purpose. The purpose of the Commercial Core (CC) Zone District is to allow the use of land for retail, service commercial, recreation and institutional purposes within mixed -use buildings to support and enhance the business and service character in the historic central business core of the City. The district permits a mix of retail, office, lodging, affordable housing, free - market housing, and vacation rentalShort Term Rental uses oriented to both local and tourist populations to encourage a high level of vitality. Retail and restaurant uses are appropriate for ground floors of buildings while residential and office uses are not permitted on ground floors. B. Permitted uses. The following uses are permitted as of right in the Commercial Core (CC) Zone District: 1. Uses allowed on basement floors: Retail and restaurant uses, office uses, uses and building elements necessary and incidental to uses on other floors. 2. Uses allowed on the ground floor: Retail and restaurant uses and uses and building elements necessary and incidental to uses on other floors. Office uses are prohibited on the ground floor except within spaces set back a minimum of forty (40) feet from a street and recessed behind the front -most street - facing facade. This prohibition shall not apply to split -level buildings (see definition). Parking shall not be allowed as the sole use of the ground floor. 3. Uses allowed on upper floors: Retail and restaurant uses, office uses, lodging, timeshare lodge, affordable multi - family housing, free - market multi- family housing, vacation rentalShort Term Rentals and home occupations. 4. Uses allowed on all building levels: Retail and restaurant uses, neighborhood commercial uses, service uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center, accessory uses and structures, storage accessory to a permitted use, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, and farmers' Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 13 of 20 17 market, provided that a vending agreement is obtained pursuant to Section 15.04.350(B). Section 14. That Section 26.710.150 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.150. Commercial (C -1). A. Purpose. The purpose of the Commercial (C -1) Zone District is to provide for the establishment of mixed -use buildings with commercial uses on the ground floor, opportunities for affordable and free - market residential density, and to support vacation rentalShort Term Rentals of residential dwelling units. A transition between the commercial core and surrounding residential neighborhoods has been implemented through a slight reduction in allowable floor area as compared to the commercial core, the ability to occupy the ground floor with offices, and a separate chapter in the commercial design guidelines B. Permitted uses. The following uses are permitted as of right in the Commercial (C -1) Zone District: 1. Uses allowed on upper floors: Lodging, affordable multi - family housing, free - market multi- family housing, vacation rentalShort Term Rentals and home occupations. 2. Uses allowed on all building levels: Retail and restaurant uses, neighborhood commercial uses, service uses, office uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center, bed and breakfast, accessory uses and structures, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, storage accessory to a permitted use, farmers' market, provided that a vending agreement is obtained pursuant to Section 15.04.350(b). Parking shall not be allowed as the sole use of the ground floor. Section 15. That Section 26.710.170 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.170. Neighborhood Commercial (NC). A. Purpose. The purpose of the Neighborhood Commercial (NC) Zone District is to provide for the establishment of mixed -use buildings with commercial uses serving the daily or frequent needs of the surrounding neighborhood, thereby reducing traffic Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 14 of 20 18 • circulation and parking problems, to provide opportunities for affordable and free - market residential density, to support vacation rentalShort Term Rentals of residential dwelling units, and to provide a transition between the commercial core and surrounding residential neighborhoods. B. Permitted uses. The following uses are permitted as of right in the Neighborhood Commercial (NC) Zone District: 1. Uses allowed on upper floors: lodging, affordable multi - family housing, free - market multi - family housing, home occupations, and vacation --rte Short Term Rentals. 2. Uses allowed on all building levels: retail and restaurant uses, neighborhood commercial uses, service uses, office uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center, bed and breakfast, accessory uses and structures, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, storage accessory to a permitted use, farmers' market, provided that a vending agreement is obtained pursuant to Subsection 15.04.350(b). Section 16. That Section 26.710.180 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.180. Mixed -Use (MU). A. Purpose. The purpose of the Mixed -Use (MU) Zone District is to provide for a variety of lodging, vacation rentalShort Term Rentals, multi - family, single - family and mixed -use buildings with commercial uses serving the daily or frequent needs of the surrounding neighborhood, to provide a transition between the commercial core and surrounding residential neighborhoods and to provide a variety of building sizes compatible with the character of the Main Street Historic District. B. Permitted uses. The following uses are permitted as of right in the Mixed -Use (MU) Zone District: 1. On historic landmark properties: Retail and restaurant uses, neighborhood commercial uses and bed and breakfast. 2. Service uses. 3. Office uses. 4. Lodging, timeshare lodge and exempt timesharing. 5. Arts, cultural and civic uses. 6. Public uses. 7. Recreational uses. 8. Academic uses. 9. Child care center. Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 15 of 20 . 19 10. Affordable multi - family housing. 11. Free - market multi - family housing. 12. Single - family residence. 13. Duplex residence. 14. Two (2) detached single - family residences. 15. Home occupations. 16. Accessory uses and structures. 17. Storage accessory to a permitted use. 18. Vacation rentalShort Term Rentals. Pursuant to Section 26.575.220. Section 17. That Section 26.710.190 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.190. Lodge (L). A. Purpose. The purpose of the Lodge (L) Zone District is to encourage construction, renovation and operation of lodges, tourist- oriented multi - family buildings through vacation rental Short Term Rentals, high occupancy timeshare facilities and ancillary uses compatible with lodging to support and enhance the City's resort economy. The City encourages high- occupancy lodging development in this zone district. Therefore, certain dimensional incentives are provided in this zone district, as well as other development incentives in Chapter 26.470, Growth Management Quota System (GMQS). B. Permitted uses. The following uses are permitted as of right in the Lodge (L) Zone District: 1. Hotel or lodge. 2. Timeshare lodge. 3. Exempt timesharing. 4. Offices and activities accessory to timeshare unit sales (see Section 26.590). 5. Bed and breakfast. 6. Conference facilities. 7. Uses associated with outdoor recreation facilities and events. 8. Accessory uses and structures. (Food service for on -site lodge guests is an accessory use.) 9. Storage accessory to a permitted use. 10. Affordable multi - family housing accessory to a lodging or timeshare operation and for employees of the operation. 11. Free - market multi - family housing. 12. Home occupations. 13. Vaeation rentalShort Term Rentals. Pursuant to Section 26.575.220. Section 18. Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 16 of 20 20 That Section 26.710.200 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.200. Commercial Lodge (CL). A. Purpose. The purpose of the Commercial Lodge (CL) Zone District is to provide for the establishment of mixed -use commercial and lodge development by permitting commercial uses on the ground floor with lodging development above. The City encourages high- occupancy lodging development in this zone district through hotel, lodge and timeshare uses and vacation rentalShort Term Rentals B. Permitted uses. The following uses are permitted as of right in the Commercial Lodge (CL) Zone District: 1. Uses allowed in basement and ground floors: Those uses allowed in Basement and Ground Floors, respectively, within the Commercial Core Zone District. Uses and facilities necessary and incidental to uses on Upper Floors. Parking shall not be allowed as the sole use of the ground floor. 2. Uses allowed on upper floors: Hotel or lodge, timeshare lodge, exempt timesharing, offices and activities accessory to timeshare unit sales (see Chapter 26.590), conference facilities, accessory uses, storage accessory to a permitted use, affordable multi - family housing, free - market multi- family housing, vacation rentalShort Term Rentals (Food service for on -site lodge guests is an accessory use.) Section 19. That Section 26.710.310 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.310. Lodge Overlay (LO) Zone District. A. Purpose. The purpose of the Lodge Overlay (LO) Zone District is to provide for lodge uses and vacation rentalShort Term Rentals in areas of the City suitable for lodge accommodations but which lie in predominantly residential neighborhoods or where there are limitations on development that necessitate the permitted density to be significantly less than that in the City's other lodge Zone Districts. B. Permitted uses. The following uses are permitted as of right in the Lodge Overlay (LO) Zone District: 1. The uses permitted in the underlying zone district. 2. Hotel or lodge. 3. Timeshare lodge. 4. Exempt timesharing. 5. Bed and breakfast. 6. Offices and activities accessory to timeshare unit sales (see Chapter 26.590). Planning & Zoning Commission Reso # of 2011 Vacation Rental Code Amendment Page 17 of 20 • 21 Section 21. That Section 26.710.330 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.330. Ski Area Base (SKI). A. Purpose. The purpose of the Ski Area Base (SKI) Zone District is to provide for areas which allow for a mixture of uses related to ski area uses and operations including, skiing and appurtenant uses and structures, ski area administrative offices, recreation, lodge/hotel, retail, restaurant and bar uses, tourist - oriented service uses,_residential uses, and vacation rentalShort Term Rentals. It is intended that this Zone District will apply to areas located at the base of ski areas and all development within this district will be master planned through a planned unit development (PUD) process. B. Permitted uses. The following uses are permitted as of right in the Ski Area Base (SKI) Zone District: 1. Alpine and Nordic ski areas, related uses and support facilities typically associated with the uses and operations of ski areas. 2. Lodge units. 3. Hotel. 4. Multi- family dwellings. 5. Detached residential or duplex dwellings. 6. Dining rooms, customary accessory commercial uses, laundry and recreational facilities located on the same site of and for guests of lodge units, hotels and dwelling units. 7. Accessory residential dwellings restricted to Affordable Housing Guidelines and Section 26.520.040. 8. Ski area administrative offices. 9. Restaurants and bars. 10. Special events associated with ski areas including such events as ski races, bicycle races and concerts; with special event committee review. 11. Parks, outdoor recreational uses and trails. 12. Recreational facility. 13. Retail establishments. 14. Public transportation stop. 15. Terminal building and transportation related facilities. 16. Medical clinic accessory to the ski area. 17. Fire, police and emergency services facilities. 18. Accessory buildings and uses. 19. Outdoor vendor carts or areas for food and beverages sales and preparation. 20. Timeshare lodge. 21. Exempt timesharing. 22. Vacation- rentalShort Term Rentals, Pursuant to Section 26.575.220. Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 19 of 20 • 22 FINALLY, adopted and approved this _ day of , 2011. Stan Gibbs, Chairman Attest: Jackie, Lothian, City Clerk Approved as to form: James R. True, Special Counsel Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 20 of 20 23 Exhibit A Sec. 26.310.040. Standards of review. In reviewing an amendment to the text of this Title or an amendment to the Official Zone District Map, the City Council and the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff Response: The proposed amendment is not in conflict with any applicable portions of the Municipal Code. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. Staff Response: Staff finds that the proposed amendment is consistent with the AACP, specifically the Economic Sustainability Chapter as outlined below: "Essential to long -term viability is the unique, varied, high quality, and welcoming experience Aspen offers to both residents and a diverse visitor population. They demand a lively, small -scale downtown with diverse and unique shops and varied choices of accommodations, including small lodges." (Philosophy, pg 31) Response: Allowing vacation rentals as a permitted use provides visitors with more diverse lodging options and provides some financial relief to long time residents. "Local ownership of business helps maintain our community's unusual character, tends to return more money to the local economy, and provides additional opportunities for upward mobility of people." (Philosophy, pg 31) Response: Vacation rentals return money to local property owners and will result in lodging and sales tax remittance. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Response: The proposed amendment is compatible with the zone districts and land uses and the proposed standards intend to mitigate impacts on neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safety. Staff Response: Vacation rentals should not have an additional impact on traffic generation and road safety. It can be assumed that the existing home already mitigated for traffic generation when it was constructed. Vacation Rental Code Amendment Exhibit A August 2, 2011 Page 2 of 2 • 24 E. Whether and the extent to which the proposed amendment would result in demands on public facilities 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. Staff Response: Vacation rentals should not result in additional demand on public facilities. As mentioned above, it can be assumed that the existing home already mitigated for demand on public facilities when it was initially constructed. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Staff Response: n/a. G. Whether the proposed amendment is consistent and compatible with the community character in the City. Staff Response: Permitting vacation rentals is consistent and compatible with community character. Rentals have been occurring in Aspen for decades; the code amendment recognizes the existing conditions and proposes to legalize rentals through a permitting process. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Response: n/a I. 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 Response: Permitting vacation rentals is not in conflict with the public interest. Vacation rentals have been occurring in Aspen for many decades. The proposed amendment recognizes the current situation and legalizes it, which allows the rentals to apply for a business license and remit lodging and sales taxes. Vacation Rental Code Amendment Exhibit A August 2, 2011 Page 2 of 2 li 13 . P1 MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Jennifer Phelan, Community Development Deputy Directo FROM: Sara Adams, Senior Planner RE: Monarch on the Park, aka 233 East Cooper Avenue, Unit P -3, PUD Amendment MEETING DATE: September 6, 2011 APPLICANT /OWNER: MOP, LLC. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning REPRESENTATIVE: Robin Schiller, CCY Commission approve the PUD amendment. Architects. LOCATION: Monarch on the Park, aka 233 E. Cooper Avenue Condominium, ,, , Unit P -3. , . f + 0 ,,, Ecoo 4. -ki/ r T et i. ( .. x .. iii ,,,„ :,,,, ,„ . Or ! 4 : "F; ._ CURRENT ZONING & USE: Lodge Zone 1 District with a PUD Overlay. Monarch on the Park is the free market residential S UMMARY: component of the Limelight Lodge PUD. The Applicant requests of the Planning and Zoning Commission approval to amend the PUD PROPOSED LAND USE: The owner of Unit to permit a privacy screen with a maximum height of approximately 11 ft. 2 in. on the second P -3 requests approval to construct a floor balcony of the alley facade of Unit P -3. privacy screen on the third floor unit's private balcony that faces the alley. I Monarch on the Park PUD Amendment Planning and Zoning Commission Memo 09.6.11 Page 1 of 2 11 P2 LAND USE REQUESTS AND REVIEW PROCEDURES: Planning and Zoning Commission Approvals: Amendment of PUD development order (Subsection 26.445.100.B, Other Amendment) to construct a privacy screen for Unit P -3. The Planning and Zoning Commission is the final review authority. PREVIOUS APPROVALS: The Monarch on the Park Condominiums were approved as part of the Limelight PUD redevelopment via City Council Ordinance 1, Series of 2006. PROJECT SUMMARY: The applicant requests approval to construct a stepped privacy screen on a portion of the 3 floor balcony that faces the alley. The existing railing is 42" tall and is proposed to be replaced with a privacy fence that steps up to about 11'2" maximum in the corner of the balcony. The project is before the Planning and Zoning Commission because Staff found that the proposed privacy screen was not consistent with the representations of the project's original approval and therefore did not qualify as an administrative insubstantial PUD amendment. The only applicable PUD review criterion is Section 26.445.050.E.1, Architectural Character: Be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of the intended use, and respect the scale and massing of nearby historical and cultural resources. Staff is in support of the proposed privacy screen and finds that the architectural criterion listed above is met. The materials and design are consistent with the existing architecture. The privacy screen is located on the alley and as such is not very visible from the street. Its location does not impact the primary street facing facades of the Monarch on the Park building. The stepped design (i.e. the different heights) of the privacy screen does not increase the perceived mass of the building. Staff finds that the combination of location, design and materials renders the proposal appropriate and compatible with the existing architecture and neighborhood. RECOMMENDATION: Staff recommends approval of a PUD amendment as proposed. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE): "I move to approve Resolution No. _ , Series of 2011, approving an amendment to the Limelight PUD as proposed. Attachments: EXHIBIT A — Application Monarch on the Park PUD Amendment Planning and Zoning Commission Memo 09.6.11 Page 2 of 2 P3 RESOLUTION No. (SERIES OF 2011) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, APPROVING A PLANNED UNIT DEVELOPMENT — OTHER AMENDMENT FOR THE PROPERTY LOCATED AT 233 EAST COOPER AVENUE, AKA MONARCH ON THE PARK CONDOMINIUM, UNIT P -3, CITY AND TOWNSITE OF ASPEN Parcel Identification Number: 2737 - 182 -19 -015 WHEREAS, MOP LLC, a Nevada limited liability corporation submitted a request for an amendment of PUD development order Planned Unit Development Amendment to the Planning and Zoning Commission; and WHEREAS, the property is located is zoned Lodge (L) with a PUD Overlay; and, WHEREAS, the Planned Unit Development approval for the Property was originally approved by the Aspen City Council via Ordinance No. 1 Series of 2006, and the Limelight PUD Plat is recorded in the records of the Clerk and Recorder for Pitkin County at Plat Book 80 Page, 20, Reception No. 2526850 (the "PUD "); and WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the PUD Amendment; and, WHEREAS, during a regular meeting on September 6, 2011, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project; and WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets 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 Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: P4 Section 1: The PUD is hereby amended to allow the addition of a privacy screen for the unit located at Penthouse #3, aka Monarch on the Park Condominium Unit P -3, as depicted in Exhibit A to this Resolution. Section 2: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: Vested Rights The development approvals granted herein shall constitute a site - specific development plan and a vested property right attaching to and running with the Subject Property and shall confer upon the Applicant the right to undertake and complete the site specific development plan and use of said property under the terms and conditions of the site specific development plan including any approved amendments thereto. The vesting period of these vested property rights shall be for three (3) years which shall not begin to run until the date of the publications required to be made as set forth below. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050, Void Permits. Zoning that is not part of the approved site - specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of this Resolution, 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 development plan and creation of a vested property right pursuant to Chapter 26.308, Vested Property Rights. Pursuant to Section 26.304.070(A), Development Orders, such notice 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: 233 East Cooper Avenue, Monarch on the Park Condominiums Unit P -3, City and Townsite of Aspen, Colorado. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date of publication of the notice of final development 2 • P5 approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 4: This resolution shall not affect 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 5: If any section, subsection, sentence, clause, phrase, or portion of this resolution 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. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 6 day of September, 2011. Stan Gibbs, Chairman APPROVED AS TO FORM: James R. True, Special Counsel ATTEST: Jackie Lothian, Deputy City Clerk Exhibit A: Approved Elevation 3 Pao C May 27, 2011 Ms. Jessica Garrow Community Development Department City of Aspen Via hand delivery Re: Application for PUD Amendment to add Privacy Screen Condominium Unit P -3, Monarch on the Park, 233 E. cooper Ave. Dear Ms. Garrow, Attached please find twelve copies of the materials specified in our Pre -App Conf. Summary: Copy of Pre -App Conference Summary Current Title Certificate Site Plan Completed Land Use Application Form Signed Fee Agreement 8 % x 11 Vicinity Map Witten description of the Proposal (including arch. and struct. dwgs.) Written Explanation of how the proposed development complies with review standards Visual Representation of the proposed screen We have also paid the deposit ($1,470.00). Please contact me with any questions or comments you may have, and especially if there is anything we can do to facilitate the review and decision process. As you may guess, the applicant is anxious to move this forward to resolution as quickly as possible. Sincerely, 1,4 C hL— Robin Schiller, Sr. Associate, AIA, LEED AP 228 Midland Ave PO Box 529 Basalt CO 81621 970 - 927 -4925 fax 970 - 927 -8578 ccyoffice @ccyarchitects. com I AevJs eJ ese4 CITY OF ASPEN PRE- APPLICATION CONFERENCE SUMMARY PLANNER: Jessica Garrow, 970.429.2780 DATE: 5/11/2011 PROJECT: Monarch on the Park, 233 E Cooper REPRESENTATIVE: Robin Schiller, CCY Architects, 927 -4925 TYPE OF APPLICATION: PUD Amendment DESCRIPTION: The owner is interested in adding a privacy screen to their third floor unit. The screen would be located on the Alley side of the building. The screen would range in height from approximately 3 % feet to 11 '% feet. The Monarch on the Park project was approved through a PUD process and is zoned Lodge PUD, so any change to the design must receive a PUD Amendment. The proposal requires review by the Planning and Zoning Commission at a public hearing. Land Use Code Section(sl 26.304 Common Development Review Procedures 26.445.100.B PUD — Other Amendment 26.710.0190 Lodge (L) Follow link below to view the City of Aspen Land Use Code http://www.aspenpitkin.com/depts/38/citycode.cfm Follow the link below to view the City of Aspen Land Use Application http : / /www.aspenpitkin.com /Porta Is /0 /docs /City /Comdev /Apps %2oand %20Fees /landusea ppfor m.pdf Review by: Community Development Staff, P &Z Public Hearing: Yes, P &Z Planning Fees: $1470 for a Minor Application Review. This includes six (6) hours of staff review time. Additional time over six (6) hours will be billed at $245 per hour Total Deposit: $1,470 (Please note that the fee schedules changes November 1, 2011. A copy of the fees that go into effect on that date are on -line at: http:/ lwww. asuenoitkin .com/DepartmentslComm unity- Development/Plan n ina -and- Zonina /Recent- Code - Amendments/) Total Number of Application Copies: 12, 1 sets of full size plans To apply, submit the following Information: L Total Deposit for review of application. El Pre - application Conference Summary. n 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. D 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. 0 A site plan depicting the proposed layout and the project's physical relationship to the land and its surroundings. Fl Completed Land Use application and signed fee agreement. I An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. 12 copies of the complete application packet and maps. n A written description of the proposal and a written explanation of how the proposed development complies with the review standards relevant to the development application § 26.445.100.B, PUD Other Amendment. O Visual Representation in renderings and /or drawings that depict what the proposed screening will look like on the building. Information on materials should also be provided. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. stewrt title Aspen Division 620 East Hopkins Avenue View your transaction progress 24/7 via SureClose. Ph one : 92 5 one: 970 -70- 925- 3577 Ask us about your login today! Fax: 970 - 925 -1384 Date: May 26, 2011 Order Number: 946611 Buyer: Seller: MOP, LLC, a Nevada limited liability company Property 233 East Cooper Avenue Condominium Unit 3, Aspen, CO 81611 Please direct all Closing inquiries to: Please direct all Title inquiries to: Carma Allen- Weymouth Linda Williams 50 South Steele Street, Suite 600 97 Main Street, Suite W201 Denver, Colorado 80209 Edwards, Colorado 81632 Phone: 303 -331 -0333 Fax: 303-331-9867 Phone: 970-766-0234 Fax: 970 - 926 -0235 Email Address: ceymouth@stewart.com Email Address: lwilliam3 @stewart.com SELLER: MOP, LLC, a Nevada limited liability company LISTING BROKER: SELLING BROKER: NONE None Phone: Phone: ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by - stewart title guaranty company Stewart Title Guaranty Company, a Texas Corporation ( "Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned: sit SteginAgil title guaranty company � j •� Senior Chairman of the Board E ty Stewart Title �1\ Aspen Division ■„ Is s- Chairman or the Board 620 East Hopkins Avenue r Aspen, Colorado 81611 Phone: 970 - 925 -3577 President Fax: 970-925-1384 Order Number: 946611 ALTA Commitment (6/17/06) Title Officer: Linda Williams COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: May 17, 2011, at 8:00 a.m. Order Number: 946611 Title Officer: Linda Williams 2. Policy or Policies To Be Issued: Amount of Insurance: (a) A.L.T.A. Owner's (Standard) $ TBD Proposed Insured: To Be Determined (b) A.L.T.A. Loan 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: MOP LLC, A Nevada Limited Liability Company 5. The land referred to in this Commitment is described as follows: Unit Penthouse 3, MONARCH ON THE PARK CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO, According to the Condominium Map recorded November 20, 2008 as Reception No. 554415 at Plat Book 89 at Page 11 and First Supplemental Map recorded December 17, 2008 in Plat Book 90 at Page 1 as Reception No. 555098 and as defined and described in the Declaration of Covenants, Conditions and Restrictions for Monarch on the Park recorded November 20, 2008 as Reception No. 554413 and First Amendment to Declaration recorded December 17, 2008 as Reception No. 555097 and Second Amendment to Declaration of Covenants, Conditions and Restrictions For Monarch On The Park recorded November 3, 2009 as Reception No. 564207 and Third Amendment to Declaration recorded November 17, 2010 as Reception No. 575253. COUNTY OF PITKIN, STATE OF COLORADO Purported Address: Statement of Charges: 233 East Cooper Avenue Condominium Unit 3 These charges are due and payable before a Policy can Aspen, Colorado 81611 be issued: Commitment Fee $500.00 COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 1 REQUIREMENTS Order Number: 946611 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment. 5. Evidence satisfactory to Stewart Title of Colorado, Inc. furnished by the Office of the Director of Finance, City of Aspen, that the following taxes have been paid, or that conveyance is exempt from said taxes: (1) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No. 20 (Series of 1979) and (2) The "Housing Real Estate Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990). 6. Payment of any and all Condominium assessments and expenses which may be assessed to the property 7. Deed from vested owner(s), vesting fee simple title in Grantee(s) to be determined. Note: notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38 -35 -109 (2). NOTE: The Company reserves the right to make any additional requirements and/or exceptions to this commitment and any subsequent Endorsements thereto, once the name(s) of the insured(s) and the amount(s) of liability have been disclosed. NOTE: Statement of Authority for MOP LLC recorded April 20, 2010 as Reception No. 568709, discloses the following persons as those authorized to transact business on behalf of said entity: Edward Sklyaroffas Manager If there have been any amendments or changes to the management of the entity, written documentation reflecting the changes and a new Statement of Authority will be required. COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 2 EXCEPTIONS Order Number: 946611 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 10. Exceptions and reservations in the Patent to City and Townsite of Aspen recorded in Book 139 at Page216. 11. Ordinance No. 1 Series of 2006 by City of Aspen recorded July 26, 2006 as Reception No. 526847. 12. Subdivision/Planned Unit Development Agreement recorded July 26, 2006 as Reception No. 526848. 13. All matters shown on the plat of Limelight Subdivision/Planned Unit Development recorded July 26, 2006 in Plat Book 80 at Page 21 and 14. Amenities Use Agreement by New Limelight LLC and Monarch on the Park Condominium Owners Association recorded November 20, 2008 as Reception No. 554414 and Supplement recorded January 14, 2010 as Reception No. 566208. 15. Declaration of Covenants for Monarch On The Park recorded November 20, 2008 as Reception No. 554413 and First Amendment recorded December 17, 2008 as Reception No. 555097 and Second Amendment recorded November 3, 2009 as Reception No. 564207 and Third Amendment recorded November 17, 2010 as Reception No. 575253. 16. All matters shown on the Condominium Map recorded November 20, 2008 as Reception No. 554415 at Plat Book 89 at Page 11 and First Supplemental Map recorded December 17, 2008 in Plat Book 90 at Page 1 as Reception No. 555098 17. Revocable Encroachment License Application with the City of Aspen recorded December 30, 2009 as Reception No. 565748. DISCLOSURES Order Number: 946611 Note: Pursuant to C.R.S. 10 -11 -122, notice is hereby given that: A. The subject real property may be located in a special taxing district; B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent; C. Information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the county clerk and recorder, or the county assessor. Note: Colorado Division of Insurance Regulations 3 -5 -1, Subparagraph (7) (E) requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single - family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to C.R.S. 10 -11 -123, notice is hereby given: A. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. STG Privacy Notice 1 (Rev 01/26/09) Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm- Leach -Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business —to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as Yes No processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. For our marketing purposes — to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes — information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be Yes No financial and nonfinancial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company For our affiliates' everyday business purposes— information about your No We don't share creditworthiness. For our affiliates to market to you Yes No For non - affiliates to market to you. Non - affiliates are companies not related by common No We don't share ownership or control. They can be financial and nonfinancial companies. We may disclose your personal information to our affiliates or to non - affiliates as permitted by law. If you request a transaction with a non- affiliate, such as a third party insurance company, we will disclose your personal information to that non - affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] How often do the Stewart Title Companies notify me We must notify you about our sharing practices when you request a transaction. about their practices? How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we use security personal information? measures that comply with federal and state law. These measures include computer, file, and building safeguards How do the Stewart Title Companies collect my We collect your personal information, for example, when you personal information? • request insurance- related services • provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 Stewart Title DISCLOSURE The title company, Stewart Title- Denver Division - Commercial Escrow in its capacity as escrow agent, has been authorized to receive funds and disburse them when all funds received are either: (a) available for immediate withdrawal as a matter of right from the financial institution in which the funds are deposited, or (b) are available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn. The title company is disclosing to you that the financial institution may provide the title company with computer accounting or auditing services, or other bank services, either directly or through a separate entity which may or may not be affiliated with the title company. This separate entity may charge the financial institution reasonable and proper compensation for these services and retain any profits there from. The title company may also receive benefits from the financial institution in the form of advantageous interest rates on loan, sometimes referred to as preferred rate loan programs, relating to loans the title company has with the financial institution. The title company shall not be liable for any interest or other charges on the earnest money and shall be under no duty to invest or reinvest funds held by it at any time. In the event that the parties to this transaction have agreed to have interest on earnest money deposit transferred to a fund established for the purpose of providing affordable housing to Colorado residents, then the earnest money shall remain in an account designated for such purpose, and the interest money shall be delivered to the title company at closing. CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.org. ste •title guaranty company All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. - z_ 1111114 1 il l il d il f 4 11111 1 E 1, If 1 1 il 1 1 1 1 P i I ii 1 qi } ti 1 HI li ! 1 ii 'JAI 140111401.106.1111 ti Walk 1 --r1:1 1 .;1 I r • J :SO ( ' t 11 7 ;101 1 i j / 0 di 1 11 t I - ' z :l. 1 . h .....c iottp A , i 1 1,i 0 Plo Il i 11 .., i i hi i II 1__ _ 1, 0 1 ii 4 i Al I ; 1 I Avoi sommusy I II I , ! 1 i 11 'JAB NIMPIIV '6 I I t 3 k 1 1 - • 1 Site Plan Monarch Building, Unit P-3 Addition of Privacy Screen • ATTACHMENT 2 —LAND USE APPLICATION PROJECT: Name: Location: 'Mohnro uw1tu.P \,Z E . Geier At'c ... k Q -3 (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) APPLICANT: Name: Address: Phone #: REPRESENTATIVE: / Name: �o 4c.Laer E GG j A,e 1 ":4et4S Address: tit M: a \erase Ave P.C. Pink 611 , Yj «h+ )+/o 044 Phone #: r1'l0 - 92 -' qMS (e:€4 TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment Final PU» (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA – 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other: ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: (description of proposed buildings, uses, modifications, etc.) H av e you attached the following? FEES DUE: $ [_j✓ ire Application Conference Summary r Attachment #I, Signed Fee Agreement D Response to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards E - T Model f r 1 ergs fwe jee e 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 -1) modeL ATTACHMENT3 n° S� DI / M � ENSIONAL REQUIREMENTS FORM Project: f ' W 1'l: vhe. 6cre c, C '1MN 4t pl. 64-tdv e . , 2 , 33 Applicant: Location: t i, E . teal e t Zone District: L a d t Zo..c b! f ' �-k Lot Size: /..1.6 Lot Area: $.A. (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: I Number of residential units: Existing: Proposed: 1\14, - Number of bedrooms: Existing: Proposed: No G et,a . se,_ Proposed % of demolition (Historic properties only): t3 • A . DIMENSIONS: Floor Area: Existing: Allowable: Proposed: KID 6144, Principal bldg. height: Existing: Allowable: Proposed. '' Access. bldg. height: Existing: Allowable: Proposed: 1' On -Site parking: Existing: Required: Proposed :: '' % Site coverage: Existing: Required: Proposed: ' % Open Space: Existing: Required: Proposed :• Front Setback: Existing: Required: Proposed: ') Rear Setback: Existing: Required: Proposed: 'I Combined F/R: Existing: Required: Proposed? Side Setback: Existing: Required: Proposed: ' Side Setback: Existing: Required: Proposed: 0 Combined Sides: Existing: Required: Proposed: 'I Distance Between Existing Required: Proposed: ' I Buildings 11 n Existing non - conformities or encroaclunents: M • Variations requested: 1\104 Le CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees / I CITY OF ASPEN (hereinafter CITY) and m a e- (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for o<CiQ�;.� �: vat 4 icv (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. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of applic tion completeness, APPLICANT shall pay an initial deposit in the amount of $ t 0 = which is for L �S. K 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 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 APPLICANT By: By: �--- Chris Bendon d 4/ Community Development Director Date: _ Billi9g Address $nd Telephone Number: G !� [ t cc .'4 «fs 6.6-4 /*.o. ,4• x 4Z i /7m y• l t Co eth �i vJ / fr 41, v✓ 141 Naar A spen t, f`aeorooite kiln S a'r 7 6 _C Vagnor Park C 4f -1 .14 Q A,/ r!f1 0 N AR 0 H� mod, fl BUILDING (c r � JJ 233 E. COOPER AVE. 100uft 200rr 02011 MaoQuest - Fallon Vicinity Map Not to Scale Monarch Building, Unit P -3 ras CCY 05 -23 -11 Monarch Building, Unit P -3 Addition of Privacy Screen Monarch P -3 — PUD Amendment Narrative 05 -27 -11 ras CCY A Description of the Proposed Work: Applicant is the Owner of a third floor condominium in the Monarch Bldg., 233 E. Cooper (Unit P -3 on the original construction drawings). Due to the height of the Dancing Bear building, directly across the alley to the south, persons there can look directly into the Master Bathroom and other spaces of Applicant's home. Applicant wishes to extend the existing handrail of the existing deck upward (though still short of the existing roof overhang) to provide visual screening for privacy. The screen is proposed to be constructed of painted steel angles clad with perforated steel panels (both materials already used in the existing railings of the building) and frosted glass panels (similar to those used in existing canopies all around the building). On the south face of the deck, the portion of the screen that extends above the existing guardrail totals about 102 sf. Since the south elevation of the building has an area of approximately 10,530 sf (270' long x 39' h.), this means the portion affected by the screen is about 1c/0 of the total south elevation. Design of the screen was developed in consultation with John Cottle of CCY, who is the original designer of the building and it is his opinion that the design is in keeping with the character and intent of the building. Included in this package is a photo - simulation of how the screen will appear from a vantage point on -grade near the west end of the alley. This simulation makes clear that the screen will have negligible impact on character, massing or any other characteristics which in any way impact the public. B Compliance with the Review Standards relevant to the development Application (reference 26.455.100B: Section 1008 describes the process for amendments which do not meet the threshold for an insubstantial amendment, but does not specify specific review criteria for such amendments. Understanding and accepting Staff 's determination that the proposed modification does not meet the threshold for an insubstantial amendment, applicant suggests however that the criteria for insubstantiality make an effective framework for evaluating the proposal. Per 26.445.100A, those criteria are: 1. A change in the use or character of the development. The proposed work does not in any way modify the use of the development. While it does change the appearance of one small part of the exterior facade, that change is fully in keeping with the character, as originally approved and as existing prior to the proposed work. 2. An increase by greater than three percent (3 %) in the overall coverage of structures on the land. The proposed work will not in any way increase land coverage. 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities. The proposed work will not have any effect on trip generation or demand for public facilities. Monarch Building, Unit P -3 Addition of Privacy Screen N Z PM, ¢ p - o $ U il1h z2 c" i HO m 2w u) 4 lert U Q g �$ a" d I 1 II 11® BlIr I , II i I! 1 ll„ -- i - 'IMI i , i it' „ - 1 a nnnf nni N9 1 9 l 9, 1 l a = g � 4 s 1 6 1 i \ b �I U$ i, .... > - 1 -''111 ILl!, 1 —' ii,,'Ell,, I ' ° 1 I III' IIII� ��uu — j 1 . uuui � _ 11 k - I- 1 I IS '!j! ■■ 1 irrti'il iirliii lilt I IIIII II 1I1 Mir = 1 , 11 11'm III :I 1 � � R , I I pI 11111 {nI II II a 1 �I 11 '�1 "IIIIII'lllllllllll 1 III I �III !i _ I Ill "III —Milt `?e 11 0 ■ ■I a' VIII 119 �'—� e. I e b Oa 1 iii I� MI . NI a � Ii III I 11 �I trim 11 1 II ; — • ::: II �_ Ihiiwi'' Viz! 'i �� II g 1 1 L11 IIW ��,. ®j I 0 lid " �� I III. 1 I W. I 4 z 1 11 1 P ..I- a. 1 I �1 I M ■ IN " it O m . w I� r i ", I/ sip i ill I__ 1 a it w I '�, Ali ■ d l o 2 1111411:Iil ° , w ItElIL�1 K _§ � � VIII IIIIIII i� 0- '7 N l ,mN IN d © I III yl!lllal''hill i p 1 Iii m III Q 11111 11111 ii?; 6 kiiill l in 1 w I Ill I= 11111 Ufl a 1 ,u III VIII , 711 111 g a , 1 w ®■ ilhii M i i ith M I 1 si 1 In 1J1���14_ �_ I 1�1 ' I Ilt III 1 III I , — •., i . N Z gg °: §y§ " o S - m y 4' ,.o-A nN inn mg To � I sap ci ; L 4 Za _ B S NA } 3 $ E, _ :r1;1 i PC e « mi i. U P zeif @g ¢@9 PI 4 Y Er 9 13 • i , 13 i R g,g,--> °° g g ig SE ! •�•l rr IA 3 3. E4 ran I g 11 1 Inunn- Se lajmnin. ii 11 I us s.4 g an Q a k ' = Cr.s •_ vii _5 „psi �� i� 0 3 c 1 O 6 V � qqq E 93 Ex''- s chi °o 1 p a , 1a 1 i 'uggi 0 t 1 li -' v, ■ qe f £ la1 2 1. Vita It z ? g° ` _ • e. _ E !! _ 1 °42 , 1 1 1 ' i e C r 4. A reduction by greater than three percent (3 %) of the approved open space. The proposed work will not result in any change to open space. 5. A reduction by greater than one percent (1%) of the off - street parking and loading space. The pr.oposed work will not result in any change to off - street parking and loading space. 6. A reduction in required pavement widths or rights -of -way for streets and easements. The proposed work will not result in any change to rights -of -way and easements. 7. An increase of greater than two percent (2 %) in the approved gross leasable floor area of commercial buildings. The proposed work will not result in any change to leasable area. 8. An increase by greater than one percent (1%) in the approved residential density of the development. The proposed work will not result in any change to residential density. 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. The proposed work will not result in any change to any condition or representation of the project's original approval. It does change the height of a handrail on one area of deck on one of three floors on one of the four elevations of the building ,however as proposed the top of the screen is lower than an existing approved roof overhang, therefore it does not increase the apparent height or mass of the building from any public viewpoint. The materials and detailing of the propose screen, while selected to fulfill its function, have also been selected and detailed by the building's original architect to be consistent with its overall material palette and character. The proposed screen has been designed to fulfill its intended function with as little impact as possible on the existing building, its neighbors or the community. It does not create any additional demand for community resources or services, nor in any way detract from the use by other persons of any public or private property, resource, service or activity. Monarch Building, Unit P -3 Addition of Privacy Screen N '€ . L R .4,:.; 5,.. a d y ',. K E 11 \ ' t ' ! 4 1`lr. �' `` 7_. I Visual Representation - Existing Condition This image shows the South Elevation of the existing building as it exists today, prior to addition of the proposed Privacy Screen. Monarch Building, Unit P -3 ras CCY 05 -23 -11 Monarch Building, Unit P -3 Addition of Privacy Screen t. "` 1 i 3 f . a a • ,,, 1 4 !^ , .. I .' RCi } ` . Ie; Visual Representation — Addition of Privacy Screen This image shows the South Elevation of the existing building. The proposed screen is located on the third (top) floor, slightly to right of center, beneath the existing roof overhang. Monarch Building, Unit P -3 ras CCY 05 -23 -11 1 Monarch Building, Unit P -3 Addition of Privacy Screen 1 '' ^sA ^ t St ''' %lir ;_ : . ;.P '1 ' . ; i k vim ♦ r — .r Yt$ 5 .'i x : ■ � .fi \ i - ik' .;.•-, ,, '' i --.... ,.>, \ k 111 4 ? • Visual Representation — Addition of Privacy Screen — Close -in view Note: This image is zoomed -in to demonstrate that the screen is represented properly. To see the screen in this manner, one would be located ten to fifteen feet above the alley surface. Refer to complete image on previous page for indication of how addition of the screen actually affects appearance of the building. Monarch Building, Unit P -3 ras CCY 05 -23 -11 Monarch Building, Unit P -3 Addition of Privacy Screen 1 Ce MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Jennifer Phelan, Community Development Deputy Director FROM: Jessica Garrow, Long Range Planner RE: 1450 Crystal Lake Road — Final Commercial Design Review Resolution No._, Series of 2011 MEETING DATE: September 6, 2011 APPLICANT /OWNER: Aspen Club and Spa, LLC REPRESENTATIVE:rw Sunny Vann, Vann Associates, LLC LOCATION: 1450 Crystal Lake Road — Lot 15 of the Callahan Subdivision Q CURRENT ZONING: ... RR/PUD (Rural Residential) zone district with a 1'ftl' Planned Unit Development (PUD) Overlay SUMMARY: The Applicant requests final Commercial Design Review for a project approved for 20 timeshare units, 12 affordable housing units, and 132 parking spaces on Lots 15 and 14A (the existing 35 spaces on Lot 14A will not change as part of this application) of the Callahan Subdivision. STAFF RECOMMENDATION: Staff recommends approval of the Commercial Photo: Aspen Club building and location. Design Review. REQUEST OF THE PLANNING AND ZONING COMMISSION: The Applicant is requesting the following land use approvals from the Planning and Zoning Commission to redevelop the site: • Final Commercial Design Review for development involving commercial and lodging uses, pursuant to Land Use Code Chapter 26.412.050, Commercial Review, and pursuant 1 Aspen Club Final Commercial Design Review 9.6.2011 2 to the Commercial, Lodging, and Historic District Design Objectives and Guidelines (The Planning and Zoning Commission is the final review authority.) BACKGROUND AND PROJECT SUMMARY: The Aspen Club is located in the Rural Residential (RR) zone district with a PUD overlay and an SPA overlay. The Club is part of the Callahan Subdivision and PUD, which was initially approved in 1976, The original approval included sixteen (16) lots. Lot 14A was designated as a parking facility for the use and benefit of the clubhouse and recreational facility that was proposed on Lot 15 (-the current location of the Aspen Club). The parking area on Lot 14A includes thirty -five (35) spaces, and is accessed from Lot 15 via a bridge over the Roaring Fork River and through Lot 14. A number of PUD Amendments have been made to the Callahan Subdivision since the original approval, the most recent of which was the PUD amendment approved in 2010 (Ordinance 2, Series of 2010). This approval was for a redevelopment on the property of: 20 timeshare units, 12 2- bedroom affordable housing units, and a reconfigured recreation club (the Aspen Club). Fourteen (14) of the timeshare units are stand alone "townhouse" units that are in three buildings — 10 of the units are on the "lower bench" by the river and 4 of the units are on the "upper bench" by the Club. Six (6) of the units are proposed to be added to the existing Club building (the "club" units). A total of 132 parking spaces are approved for the development — 35 spaces across the river on lots 14A & 14W and 97 on the Club parcel (Lot 15 -A). The final PUD /SPA approval did not include Final Commercial Design Review, which is now in front of P &Z. All other approvals have been granted previously, including the site plan, massing, height, and parking. Final Commercial Design Review focuses on Building Design & Articulation, Architectural Materials, and Paving & Landscaping STAFF COMMENTS: FINAL COMMERCIAL DESIGN REVIEW: The project is required to comply with the standards set forth in section 26.412.060, Commercial Design Standards, as well as the Final Review Guidelines of the Small Lodges section of the Commercial, Lodging, and Historic District Design Objectives and Guidelines. • Overall, staff finds that the project's design meets the requirements set for in the Commercial Design Standards and Guidelines. The project must comply with three main areas: Building Design and Articulation, Architectural Materials, and Landscaping. In terms of Building Design & Articulation, the proposed massing and materials convey a human scale and are consistent with the neighborhood. The roof forms are varied, which creates architectural interest and fits in the varied context of the neighborhood. This section of the guidelines requires all floor -to- ceiling heights to be a minimum of nine (9) feet. The timeshare units and the Aspen club comply with this requirement, but the affordable housing units to not. They have a floor -to- ceiling height of eight (8) feet. Staff believes the design of the affordable housing units meet the intent of the standard. In addition, the massing and overall heights were established as part of the final PUD /SPA review. 2 Aspen Club Final Commercial Design Review 9.6.2011 3 The Architectural Materials include a mix of stone, wood siding, glass, and stucco (only on the Club and affordable housing units). The materials are of a high quality and will be consistent in terms of color palette. The Paving & Landscaping includes a number of open areas on both the upper and lower benches, with a water feature to help tie them together. The design protects the riparian area and includes native plants. The applicant has committed to using grass pavers on a portion of the upper bench to help minimize the amount on concrete on the site (this area is needed for fire access, and will comply with all weight requirements). RECOMMENDATION: Staff recommends approval of the project, with the following conditions: 1. The materials will be consistent in quality and color among the different uses on the site. PROPOSED MOTION: "I move to approve Resolution #, Series 2011, approving Final Commercial Design Review for the Aspen Club project." Attachments: Exhibit A — Final Commercial Design Review Criteria, Staff Findings Exhibit B — Application Exhibit C — Application Drawings (bound) 3 Aspen Club Final Commercial Design Review 9.6.2011 4 RESOLUTION NO. _, (SERIES OF 2011) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING FINAL COMMERCIAL DESIGN, FOR THE DEVELOPMENT OF SUB - GRADE PARKING, TWENTY TIMESHARE UNITS, AND TWELVE AFFORDABLE HOUSING UNITS FOR THE PROPERTY LOCATED AT 1450 CRYSTAL LAKE ROAD (THE ASPEN CLUB), LEGALLY DESCRIBED AS LOT 15 OF CALLAHAN SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737 -181 -32 -019 WHEREAS, the Community Development Department received an application from Aspen Club and Spa, LLC, represented by Sunny Vann of Vann Associates, LLC requesting approval of Final Commercial Design Review for a subgrade garage, twenty (20) timeshare units and twelve (12) affordable housing units, and to redesign existing commercial spaces; and, WHEREAS, the Applicant received Conceptual Commercial Design Review from the Planning and Zoning Commission on April 1, 2008 via Resolution 9, Series of 2008; and, WHEREAS, the Applicant received final Specially Planned Area (SPA), final Planned Unit Development (PUD), final Timeshare, Stream Margin, Affordable Housing Growth Management Allotments, Multi -Year Growth Management Lodge Allotments, Rezoning, and Subdivision, to develop a sub -grade garage, twenty (20) timeshare units and twelve (12) affordable housing units, and to redesign existing commercial spaces, from the Aspen City Council on June 1, 2010 via Ordinance 2, Series of 2010; and, WHEREAS, the Applicant requests approval by the Planning and Zoning Commission for Final Commercial Design Review; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application; and, WHEREAS, during a duly noticed public hearing on September 6, 2011, the Planning and Zoning Commission approved Resolution No. , Series of 2011, by a to C_ — ) vote, approving Final Commercial Design Review; and, WHEREAS, the Planning and Zoning Commission 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 Community Development Director, and has taken and considered public comment; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards; and, Resolution No , Series 2011 Page 1 of 2 5 WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION 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, the Planning and Zoning Commission hereby approves Final Commercial Design Review for the redevelopment of the Aspen Club (originally approved in Ordinance 2, Series of 2010), as illustrated in Exhibit A. In addition, the materials shall be consistent in quality and color among the different uses on the site. Section 2: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or 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 an authorized entity. Section 3: This Resolution shall not affect 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 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this day of , 2011. Exhibit A: Approved Commercial Design Review Plans APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Jim True, Special Council Stan Gibbs, Chair ATTEST: Jackie Lothian, Deputy City Clerk Resolution No , Series 2011 Page 2 of 2 6 Exhibit A — Staff Findings • Staff Findings — Commercial Design Review. The project is required to comply with the standards set forth in section 26.412.060, Commercial Design Standards, as well as the Final Review Guidelines of the Small Lodges section of the Commercial, Lodging, and Historic District Design Objectives and Guidelines. Staff findings for each are set forth below. Commercial Design Standards: A. Public Amenity Space Staff Finding: The project includes a number of open areas that meet the definition of public amenity space. However, this standard is not applicable to the development as no public amenity space is required in the RR zone district. The Commission found this standard not applicable during Conceptual Review. Staff finds this standard is not applicable. B. Utility, Delivery, and Trash Service Provision Staff Finding: The project includes an enlarged and relocated trash/service /utility area. The area is located behind the club along Ute Avenue. The area is screened through a change in grade (existing) and landscaping. The location will minimize conflicts in the site between cars, pedestrians, and service vehicles. The RR zone district does not require compliance with this standard. While the project meets the intent of the requirement, Staff finds the standard is not applicable. Final Review Design Guidelines The following design guidelines shall apply at the final review stage. Building Design & Articulation 5.10 A new building shall be designed to maintain a minimum of 9 feet from floor to ceiling on all floors. Staff Findings: The timeshare units and the club building all meet the minimum nine (9) foot ceiling heights. The affordable housing units have a minimum of eight (8) foot ceiling heights, which exceed the building code requirements for ceiling height. The intent of this guideline is to ensure that Lodging and Commercial development has minimum ceiling heights, and that it does not apply to a stand -alone affordable housing building. However, staff believes the design meets the intent of the guideline through the use of materials and articulation, and that the building • reads as having 9 foot floor to ceiling heights. Staff finds this criterion to be met. 5.11 To reduce the perceived mass and scale of a building, the design should respect the setting and reflect the human scale and character of the neighborhood. This shall be achieved through all of the following: • The varied massing of building forms • The articulation of the facade(s) through a varied roof profile • The articulation of the facade through varied wall planes. 7 Exhibit A — Staff Findings • The use of a variation in architectural materials, and detailing Staff Findings: The project includes three different components: the Aspen Club building which contains the club and 6 timeshare units, an affordable housing building, and three "townhouse" buildings containing 14 timeshare units. The configuration effectively breaks up the mass and creates a more human scale to the parcel. The human scale of the Club building is being significantly improved through the addition of the new entrances and club units, which create additional articulation and interest. The western facade of the Club us going from being a blank wall to a facade with balconies, windows, varied materials, and increased interest. The affordable housing building includes a mix of flat roofs and low - sloped roofs, which helps to break up the mass and provide visual interest. Similarly, the townhouse buildings are a mix of gable roofs and low- sloped roofs, which relate well to the neighborhood and convey human scale. The Club will retain the existing sloping roof, and flat roof components will be added to accommodate the new club timeshare units and mechanical equipment (which is screened) The materials, especially the materials on the club, create a more inviting pedestrian environment. The applicant proposes using a mix of stone, wood siding, glass, and stucco. The material palette will be consistent between all the buildings, but will have slight variations in detailing to reflect the different uses. All the materials proposed are of high quality. Staff finds this criterion to be met. 5.12 The retail entrance should be at the sidewalk level. • All entrances shall be ADA compliant. • On sloping sites the retail frontage should be as close to a level entrance as possible. Staff Findings: There are no retail entrances in the project. The only retail component is within the Club itself, which as an ADA accessible entrance. Staff finds this criterion to be met. 5.13 Incorporate an airlock entry into the plan for all new structures. • An airlock entry that projects forward of the primary facade at the sidewalk edge is inappropriate. • Adding temporary entries during the winter season detracts from the character of the historic district. • Using a temporary vinyl or fabric "airlock" to provide protection from winter weather is not permitted. Staff Findings: The Club building's main entrance and pool entrance both contain airlocks. The timeshare units and affordable housing units do not contain airlocks. Airlocks are not typical of residential units, and staff believes that for this project this standard is most applicable to the Club Building only. Staff finds this criterion to be met. 5.14 The roofscape should be designed with the same design attention as the secondary elevations of the building. • Locate mechanical units to minimize the impact on adjacent residential uses. 8 Exhibit A — Staff Findings • Employ an acoustic screen to buffer the noise from mechanical equipment and minimize the impact on adjacent residential uses. • Position, articulate and design rooftop enclosures or structures to reflect the modulation and character of the building. • Use materials which complement the design of the building facades. • Design roof garden areas to be unobtrusive from the street. • Use 'green roof' design best practice, where feasible. Staff Findings: The existing Club building includes a "trough" between two sloped roofs. This area is going to accommodate the new mechanical equipment needed for the building. The sloped roofs are slightly higher than the flat "trough," which will create visual and acoustic buffer. An additional mechanical area will be located on the eastern side of the club building, near the affordable housing units. This will be encapsulated within the over - framed roof to minimize visual and acoustic impacts. In addition, the Club building will contain two "green roofs," one for yoga practices and one that is more tradition and not accessible. Both will be constructed using best practices in terms of plantings, soil depths, and roof assemblies. Compliance will be confirmed during the building permit review. Staff finds this criterion to be met. Architectural Materials 5.15 High quality, durable materials should be employed. • The palette of materials proposed for all development should be specified and approved as part of the general and detailed development approvals process, including samples of materials as required. 5.16 Building materials should have these features: • Convey the quality and range of materials seen historically. • Reduce the perceived scale of the building and enhance visual interest of the facade. • Convey human scale. • Have proven durability and weathering characteristics within this climate. Staff Findings: The applicant has provided information on the different materials proposed for the different buildings. The applicant proposes using a mix of stone, wood siding, glass, and stucco. The material palette will be consistent between all the buildings, but will have slight variations in detailing to reflect the different uses. All the materials proposed are of high quality and are typical for the neighborhood and fit into the character of the area. The materials all create a human scale. Staff finds these criteria to be met. Paving & Landscaping 5.17 Maintain a high degree of landscaping on a lodge site. • The location of a new building should minimize the loss of existing mature tree cover and landscaping. • Also include additional tree planting and landscaping within front and side yard areas. 9 • Exhibit A — Staff Findings Staff Findings: The PUD and SPA review included a great amount of attention and detail to the landscaping plan. The plan includes preserving the riparian area, and adding an open green lawn area between the two lower townhouse buildings. In addition, fire access near the club is required. In an effort to minimize the amount of concrete in this portion of the site, the applicant has committed to utilizing grass pavers. This was a condition of Ordinance 12, Series 2010. The Parks Department will oversee the removal and replacement of trees on the site. • � xlni■►i - a RECEIVED VANN ASSOCIATES, LLC f` '`r 2 5 2[11 Planning Consultants CITY Or COMMUNITY DE! ELop'i,,ENT May 23, 2011 HAND DELIVERED Ms. Jessica Garrow Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Aspen Club and Spa Final Commercial Design Review Dear Jessica: Please consider this letter an application for final commercial design review approval for the development of twenty fractional ownership and twelve affordable housing units at the Aspen Club and Spa, which is located at 1450 Crystal Lake Road in the City of Aspen (see Exhibit 1, Pre - Application Conference Summary), attached hereto. The application is submitted pursuant to Section 26.412.040 of the Aspen Land Use Regulations (the "Regulations ") by Aspen Club & Spa, LLC (hereinafter "Appli- cant"), the owner of the property (see Exhibit 2, Commitment for Title Insurance). Permission for Vann Associates, LLC, Planning Consultants, to represent the Applicant is attached as Exhibit 3. A land use application form, an application fee agreement, and a list of property owners located within 300 feet of the property are attached as Exhibit 4, 5 and 6, respectively. Background In May of 2008, the Planning and Zoning Commission adopted Resolution No. 9 which granted conceptual commercial design review approval to the proposed development (see Exhibit 7). The Resolution also recommended that conceptual PUD, SPA and timeshare approval be granted by the City Council. Conceptual PUD, SPA and timeshare approval was granted by the Council pursuant to Resolution No. 65 in July of 2008. Final PUD, SPA and timeshare approval was granted by the City Council pursuant to Ordinance No. 2 on June 1, 2010 (see Exhibit 8). The Ordinance also approved the project's required growth management allotments, a rezoning, subdivision, stream P.O. Box 4827 • Basalt, Colorado 81621 • 970/925 -6958 • Fax 970/920 -9310 vannassociates@comcast.net Ms. Jessica Garrow May 23, 2011 Page 2 margin review, condominiumization, and an extended vested rights period. Section 7 of the Ordinance requires that the Applicant submit an application for final commer- cial design review within one year of the Ordinance's adoption. Project Revisions A number of changes in the design of the project occurred subsequent to conceptual PUD /commercial design review approval and /or in connection with the City Council's review and approval of the Applicants's final PUD /SPA application. The various changes are reflected in the accompanying drawings and are summarized below. 1. Site Plan. Townhouse Unit 5 was merged with Units 1 through 4 and Unit 6 was merged with Units 7 through 10. This change opened up the northern portion of the site, enhanced the view to the River from the Aspen Club building, and permitted the retention of the existing pedestrian trail alignment from the River to the Club. Additional sidewalk and a bus stop and shelter were added adjacent to Ute Avenue. The outdoor pool area was modified to include a larger kid's pool and a relocated spa. The size of the pool enclosure, however, remained unchanged. The grade was reduced on the west side of the parking garage to allow for natural light and ventilation, and the site stairs at the northeast corner of the garage were relocated outside of the required 20 foot side yard setback. Finally, the project's hardscape and landscaping were made more organic and curvilinear. 2. Club Building, Parking Garage and Pool Enclosure. The majority of the Club's rooftop mechanical equipment and ductwork was encapsulated under new overframed roofs with the only significant exceptions being two air - handling units and two dedicated outdoor air units. The new circulation core at the Club's front entry was extended one floor up to provide access to a new rooftop garden. With respect to the parking garage, its north side footprint was modified to accommodate a ACSD required sewer alignment. No discernable difference in building mass, however, occurred as most of the revised garage footprint was incorporated as part of the site's retaining walls. Finally, the design for the pool enclosure was depicted. 3. Townhomes. As noted above, Townhouse Units 5 and 6 were relocated to more fully open up the northern portion of the site. Some units were also flipped to mirror the adjacent unit in connection with the relocation of Units 5 and 6. Floor plans and elevations, however, remain essentially unchanged. The Townhouse Units' fenestration and materials are more clearly defined, and chimney heights have been reduced where feasible. 4. Affordable Housing Units. The buildings' exterior stairs were shifted and reconfigured to meet IBC exiting requirements and are no longer enclosed. Roof Ms. Jessica Garrow May 23, 2011 Page 3 forms were changed from asphalt - shingled gable roofs with corrugated metal dormers to low -slope cantilevered shed or butterfly roofs over a flat roof base for better consistency with the Club's architecture. Fenestration and balconies were revised, and wall planes were shifted slightly to better articulate building massing. Wood siding is used in various pattern combinations to, again, better articulate massing. Finally, the buildings' base and retaining walls were changed to stone, and adjacent site walls and courtyards were revised slightly. Review Requirements Pursuant to Section 26.412.020 of the Regulations, all commercial, lodging and mixed -use development with a commercial component is subject to commercial design review and approval by the Planning and Zoning Commission. Pursuant to Section 26.412.040.A.3.b., the Applicant's receipt of conceptual commercial design review approval is binding upon the Commission with respect to the location and form of the structures including their height, scale, massing and proportions. No changes to these aspects of the proposed development are permitted in connection with final commer- cial design review without the Applicant's consent. Final review is essentially limited to the Commission's review of the project's building materials and landscaping. The applicable review criteria are contained in Section 26.412.060, Commercial Design Standards, and the City's Commercial, Lodging and Historic District Objec- tives and Guidelines (the "Guidelines "). The Guidelines are organized to correspond to the two stages of Commercial Design Review, i.e., those applicable only to conceptual review followed by those to be addressed at final review. The proposed development's compliance with the Commercial Design Standards, and the Guidelines applicable to final commercial design review, are summarized below. No specific conditions were attached to the Commission's conceptual design review approval which need be addressed. 1. Commercial Design Standards. Pursuant to Section 26.412.060, the proposed development must comply with the following requirements. a) Public Amenity Space As stated in the Applicant's conceptual commercial design review application, compliance with the Regulation's various standards pertain- ing to public amenity space is not required as no such space is required in the RR, Rural /Residential zone district. While the RR zone district dimensional requirements do not reference public amenity space, they do specifically state that no open space is required. Staff concurred and found this criteria not to Ms. Jessica Garrow May 23, 2011 Page 4 be applicable during their review of the conceptual application. Further review pursuant to this criteria is not required. b) Utility, Delivery and Trash Service Provisions As stated in the conceptual application, compliance with the Regulations's various standards pertaining to the provision of utili- ty/trash/service areas is not required as the RR zone district does not require the provision of such areas. The design standards in question pertain primarily to the provision of such areas adjacent to the public alleys in the City's commercial and lodging zone districts. As the accompanying drawings illustrate, the Club's existing trash, delivery and service area will be relocated to the rear of the building and accessed from Ute Avenue. Staff has also previously found this criteria to have been met. Further review pursuant to this criteria is not required. 2. Commercial, Lodging and Historic District Design Objectives and Guidelines. The project site does not lie within any of the City's designated charac- ter areas. The Community Development Department, however, has previously indicated that the Applicant should address the design objectives and guidelines pertaining to the "Small Lodges Character Area" given the nature and location of the proposed development. The applicable final review design guidelines, and the proposed development's compliance therewith, are summarized below. a) Building Design and Articulation i) 5.10 A new building shall be designed to maintain a minimum of 9 feet from floor to ceiling on all floors. The new portion of the Club building complies with this guide- line with the exception of the subgrade parking garage. The townhouse units all have a minimum nine foot ceiling height. The affordable housing units have an eight foot ceiling height in order to comply with the applicable 28 foot height limit. This height, however, exceeds the minimum IBC requirement of seven foot six inches. ii) 5.11 To reduce the perceived mass and scale of a building. the design should respect the setting and reflect the human scale and character of the neighborhood. This shall be achieved through all of the following: • The varied massing of building forms. Ms. Jessica Garrow May 23, 2011 Page 5 As the accompanying drawings illustrate, the Club building will have a much more varied massing given the articulation of its new Club units and entry features. The existing building essentially appears as a monolithic box. The townhouse units stagger in plan and have a combination of elements (both in plan and section) that vary their massing. Most prominently, gable and low -slope roofs are alternately used to avoid a repetitive "cookie- cutter" look. The affordable housing units are clustered around a small entry court- yard and linked by balconies and exterior stairs which break up their massing into more discrete elements. • The articulation of the facade(s) through a varied roof pro- file. The existing Club building has a prominent sloping roof at its Ute Avenue side, which will be maintained, and numerous flat roofs with extensive exposed mechanical equipment. The entire flat roof portion will be over - framed to conceal and consolidate required ductwork. The new Club units will have gently sloping shed roofs which will help to take in the vertical- ity of the surrounding views. The townhouse units have a combination of gable roofs and low -slope roofs as well as balconies. The affordable housing units have basically a flat roof from which project low -slope cantilevered roofs reminiscent of the roofs on the new Club units. This will further breakdown the scale of the clustered affordable housing units. • The articulation of the facade(s) through varied wall planes. The new Club units have elements that protrude and recede from the existing wall plane, with intermittent balconies that are partially recessed. The new entry features are articulated with stone elements that project from the gazing behind. As a result, all new elements provide a variety of wall planes. The townhouse units, particularly the front side, likewise have elements that protrude and recede with balconies resulting in no monolithic wall planes. The affordable housing units have slight changes in wall planes to better articulate the building materials without complicating the plan. The connecting circulation balconies (as well as individual balconies) further break up the basic wall plane and provide depth to the facades. • The use of a variation in architectural materials and detail- ing. All of the buildings use a variety of building materials: primarily wood siding, stone, stucco (on the Club building and affordable housing units) Ms. Jessica Garrow May 23, 2011 Page 6 and glass. Roofing materials also vary and include: wood shakes on the sloping portion of the existing Club building and on the townhouse units' gable roofs, metal roofing on low -slope pitched roofs, and membranes (either colored or with a granulated top) on flat roofs. While there are some similar design concepts between the Club building, the townhouse units and the affordable housing units, their respective detailing will vary to reflect an appropriate transition between materials. iii) 5.12 The retail entrance should be at the sidewalk level. • All entrances shall be ADA compliant. • On sloping sites the retail frontage should be as close to a level entrance as possible. The only retail component envisioned is a small pro shop internal to the Club building. There is no exterior retail space frontage. iv) 5.13 Incorporate an airlock entry into the plan for all new structures. • An airlock entry that projects forward of the primary facade at the sidewalk edge is inappropriate. • Adding temporary entries during the winter season detracts from the character of the historic district. • Using a temporary vinyl or fabric "airlock" to provide pro- tection from winter weather is not permitted. The new entry to the Club building incorporates an integral airlock feature. The entry to the terrace areas near the pool also has an airlock. The other Club entrances are secondary and do not have airlocks. The entry foyers to the townhouse units essentially function as airlocks as they contain multiple doors to accommodate the units' "lockout" design feature. The affordable housing units do not contain airlocks due to their limited size. Airlocks are not typical for individual residences, especially affordable housing units. No temporary airlocks are proposed. v) 5.14 The roofscape should be designed with the same attention as the secondary elevations of the building. Ms. Jessica Garrow May 23, 2011 Page 7 • Locate mechanical units to minimize the impact on adjacent residential areas. The only major exposed mechanical equipment on the Club building's roof will be two air - handling units which have been located away from Ute Avenue and two dedicated outdoor air units located in the recessed "trough" between the existing sloped roofs. This trough functions as a visual screen to minimize impacts on neighboring housing units. One air - handling unit is tucked behind Club Unit 16 and 18, and is essentially shielded on three sides by walls and the Club's existing sloped roof. The second unit, which is located over the Physical Therapy area, will be recessed into an over - framed roof structure to minimize its height. The required ductwork and other miscellaneous equipment will also be encapsulated within the over - framed roof. Rooftop mechanical equipment on the townhouse and affordable housing units will be limited primarily to required vents. • Employ an acoustic screen to buffer the noise from mechani- cal equipment and minimize the impact on adjacent residen- tial uses. The equipment in the "trough" described above is recessed and therefore most of the noise will be directed upward, not outward. The me- chanical air - handling unit near Club Unit 16 is located behind and lower than the existing sloping roof which should shield the affordable housing units across Ute Avenue to the South from noise. It's also located behind Unit 16 and over 150 feet from the Silver Lining Ranch property to the East. As a result, it will be acoustically and visually screened from the Tenth Mountain affordable housing units to the West, and located sufficiently away from the Silver Lining Ranch to effectively mitigate airborne noise. The second air - handling unit will be mounted on the Club's existing roof structure and screened on all sides by the over - framed roof. While it will be close to the affordable housing units, there are few windows on that side of the units due to their proximity to the Club building. The second air - handling unit will also be located over 100 feet from the Silver Lining Ranch property. • Position, articulate and design rooftop enclosures or struc- tures to reflect the modulation and character of the building. The existing "trough" located between the Club's sloping roofs creates a partially enclosed area (to be used for added solar collectors and mechanical equipment) that reflects the overall form of the building. This guideline does not apply to the townhouse and affordable housing units. Ms. Jessica Garrow May 23, 2011 Page 8 • Use materials which complement the design of the building facades. The only roof materials that will be visible from street level will be standing seam metal roofing and wood shakes which compliment the proposed development's facade materials. • Use "green roof" design best practice where feasible. The Club building will contain two green roofs. They have different functions and, therefore, will utilize different best practices. The green roof over the new entry area is to be utilized as an outdoor yoga area, special function area, sunbathing area, etc. and will be designed for foot traffic with a durable type of grass or walkable groundcover. The green roof on the Ute Avenue side of the building will be more intensive (i.e, deeper) to accom- modate a wider variety of plants for landscaping. Soil depths, planting mixes, moisture retention mats and other aspects of the roof assemblies have not been worked out at this stage but will conform to best practices for such roofs. b) Architectural Materials i) 5.15 High quality, durable materials should be em- ployed. • The palette of materials proposed for all development should be specified and approved as part of the general and detailed development approval process, including samples of materials as required. The types of materials to be utilized are depicted on the accom- panying "character imagery" for the townhouse units which is indicative of the materials for the whole project. Samples are not available as detailed material specifications and selections have not been made at this time. Further specifi- cations and samples, however, can be provided prior to building permit submission for verification of compliance with the intent of these guidelines. ii) 5.16 Building materials should have these features: • Covey the quality and range of materials seen historically. The concrete bunker look of the existing Club building will no longer be visible. Its exterior will be reclad in wood siding in various pat- Ms. Jessica Garrow May 23, 2011 Page 9 terns, natural stone and stucco which represents a significant upgrade to the Club's appearance. The townhouse and affordable housing units will incorpo- rate similar exterior materials, all of which reflect some of the quality building materials found in the surrounding neighborhood. • Reduce the perceived scale of the building and enhance visual interest of the facade. The Club building is a large structure which currently lacks scale or much interest in its facades. There are virtually no windows on the existing entry facade, only a painted concrete block wall. The addition of the Club units with their varied elements, in both materials and form, will reduce the overall mass of the structure and result in more discrete architectural elements. The building entry at the parking side will likewise be enhanced as depicted in the accompanying drawings. • Convey human scale. The townhouse units have the characteristic scale of attached residential units, and reflect the individuality of such units. The Club units give this previously monolithic structure a sense of scale with fenestration, balconies and varying materials all helping to break down its mass into more human- scaled elements. The design of the affordable housing units consists of three clusters each of which has elements that reflect the breakdown of the rooms within the units. Connecting walkways, balconies and trellises all add to the human scale of these three -story structures. • Have proven durability and weathering characteristics within this climate. Stone, stucco and properly finished wood siding, all appropriate- ly detailed, have proven to be durable exterior building materials in this climate as have metal standing seam roofs, flat roofs of appropriate materials, and wood shakes. No material is without maintenance but all of these weather our climate well when properly constructed and maintained. c) Paving and Landscaping i) 5.17 Maintain a high degree of landscaping on a lodge site. Ms. Jessica Garrow May 23, 2011 Page 10 • The location of a new building should minimize the loss of existing mature tree cover and landscaping. The relocation of Townhouse Units 5 and 6 to either side of the existing stand of trees located between the tennis courts results in the retention of significantly more desirable trees than the original conceptual PUD approv- al. All trees will be maintained along the River and native vegetation will be restored to all disturbed areas. While trees to be removed were not deemed to be significant by the Parks Department, all such trees will be mitigated pursuant to applicable regulatory requirements. • Also include additional tree planting and landscaping within front and side yard areas. The proposed landscape plan includes approximately 52 new Evergreen trees and 102 deciduous trees along with extensive shrubs and perennial beds. The property's landscaping will be significant enhanced from that which exits currently. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, VANN • SOCIA , LLC • u , Vann SV:cwv Attachments d: \oldc \bus \city.app \app51807.cdr EXHIBIT CITY OF ASPEN 1 / PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Jessica Garrow, 429 -2780 DATE: April 18, 2011 PROJECT: Aspen Club and Spa Final Commercial Design Review REPRESENTATIVE: Sunny Vann Vann Associates, 925.6958 DESCRIPTION: The Applicant received Final PUD /SPA/Timeshare approval, from City Council on June 1, 2010, and received Conceptual Commercial Design Review from the Planning and Zoning Commission on May 6, 2008. The Applicant is required to apply for Final Commercial Design Review by June 1, 2011. This review is conducted by the Planning and Zoning Commission. The Aspen Club falls into the °Small Lodges° character area of the City's °Commercial, Lodging and Historic District Design Objectives and Guidelines." The application must comply with the Design Guidelines outlined for Final Review in the Small Lodges character area. A SketchUp Model is required for this application. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.412.040 Commercial Design Review, Review Procedure See Also: Commercial, Lodging and Historic District Design Objectives and Guidelines http:llwww. aspenpitkin .com /depts /38 /citvcode.cfm Review by: • Staff for complete application • Planning and Zoning Commission for approval of Final Commercial Design Review Planning Fees: Planning Deposit Minor ($1,470 for 6 hours) Total Deposit: $1,470 (additional planning hours over deposit amount are billed at a rate of $245/hour) To apply, submit the following information: ❑ Proof of ownership with payment. ❑ Signed fee agreement. ❑ Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attomey 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 owners right to apply for the Development Application. ❑ Total deposit for review of the application. ❑ SketchUp Model ❑ 12 Copies of the complete application packet and maps. ❑ An 8 1/2° by 11" vicinity map locating the parcel within the City of Aspen. ❑ Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) ❑ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. List of adjacent property owners within 300' for public hearing ❑ Copies of prior approvals. ❑ 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. ❑ Applicants are advised that building plans will be required to meet the International Building Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application submittal addresses these building - related and accessibility regulations. You may contact the Building Department at 920 -5090 for additional information. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. EXHIBIT COMMITMENT FOR TITLE INSURANCE SCHEDULEA 1. Effective Date: March 20, 2009 at 8:00 AM Case No. PCT19050L4 2. Policy or Policies to be issued: (a) ALTA Owner's Policy- (6/17/06) Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: PROFORMA (b) ALTA Loan Policy- (6/17/06) Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: (c) ALTA Loan Policy- (6/17/06) Amount$ Premium$ Proposed Insured: Rate: 3- Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: ASPEN CLUB & SPA LLC, A COLORADO LIMITED and LIABILITY COMPANY 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: See Attached Exhibit "A" PITKIN COUNTY TITLE, INC. - Schedule A -PG.1 601 E. HOPKINS, ASPEN, CO. 81611 This Commitment is invalid '.,.., 970- 925 -1766 Phone/970- 925 -6527 Fax unless the Insuring 877-217-3158 Toll Free Provisions and Schedules A and B are attached. AUTHORIZED AGENT Countersigned: 1 • p EXHIBIT r May 18, 2011 Ms. Jessica Garrow Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Garrow: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our application for final commercial design review approval for the development of fractional ownership and affordable housing units at the Aspen Club & Spa. 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, ASPEN CLUB & SPA, LLC Michael D. Fox, Manager c: \oldc \bus \city.ltr \Itr51807.jg3 • EXHIBIT LAND USE APPLICATION APPLICANT: Name: /45/ sue, Location: /f Zt arS G'ne /Yn Ard to c c// SI dicate street address, lot & block number, legal d6ription where appropriate) Parcel ID # (REQUIRED) C7 '7/c 5tcY`' REPRESENTATIVE: ,/� Name: 4444.44/V V4' /I / Vdre4 /455CCAf7205 &CC Address: ! ' Q / 'X y� e r /54scrGT al a/cc/ Phone #: 9C — G 7 � PROJECT: Name: 4r �,, c s 3 c 2 «� ? �� Address: l� e ' e e4 //a 47 " p� o c?./U/ Phone #: 9?'f TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA – 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane / ❑ Lot Split ❑ Temporary Use 1 �� Other: /CM ❑ Lot Line Adjustment ❑ Text/Map Amendment rl n r '/ /a# EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) eC4 fac/ PROPOSAL: (description of proposed buildings, uses, modifications, etc.) er:›An4c na tgca.. /4' GYs'/T$ 4//m /E Ha you attached the following? FEES DUE: $ a pplication Conference Summary Attachment #1, Signed Fee Agreement ❑ ytetponse to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards EXHIBIT a CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and s 'i , ' c t ,'5 1 ZC (hereinafter APPLICANT) AGREE AS FOLLOWS: de u/ C40.0-#41 P LJCANT has C,/ yl tted to CITY an�pplicpti� f , (hereinafter, THE PROJECCT * '9 L �9y T �/ 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 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 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 gelsrmination of application completeness, APPLICANT shall pay an initial deposit in the amount of ,$, 7b which is for rp hours of Community Development staff time, and if actual recor5ed 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 $220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: By: Chris Be 5/� / Commmunity ity Development Director Date: `/ Billing Address and Telephone Number: Re �,s/ ° C Aa—An 1' Sen ue" /X )ar"..Sz3 6440 "re g:\support \forms\agrpayas.doc �`ft "" C 11/30/04 9r$- 8Felts EXHIBIT Easy Peel® Labels i • ® Bend along line to ■ I Use Avery® Template 5160® I Feed Paper expose Pop-up EdgeTM 1 B MORRIS CLIFTON H JR 1/2 MORRIS SHERIDAN C 1/2 MRK ASPEN INVESTMENTS LLC 1409 INDIAN CREEK 801 CHERRY ST #3900 34 W DILIDO DR WESTOVER HILLS, TX 76107 FORT WORTH, TX 76102 MIAMI, FL 33139 MUNVES ANDREW NATHANSON FAMILY TRUST NOVAK JEFFERY T & KATHERINE PIKE PO BOX 24 101 OCEAN AVE #C-600 1463 UTE AVE ASPEN, CO 81612 SANTA MONICA, CA 90402 ASPEN, CO 81611 OTTE WILSON MICHAEL PANTHERA LLP POGLIANO GINA 1280 UTE AVE #16 140 FOUNTAIN PKY STE 420 1467 UTE AVE ASPEN, CO 81611 ST PETERSBURG, FL 33716 ASPEN, CO 81611 POLGRAVE INVESTMENTS LTD POWDER HOUSE CONDO ASSOC PUBLIC COUNSEL OF THE ROCKIES PAAST 1280 UTE AVE #16 1280 UTE AVE STE 4 2121 PONCE DE LEON BLVD, STE 650 ASPEN, CO 81611 ASPEN, CO 81611 CORAL GABLES, FL 33134 RABINOW RICHARD A & KATHRYN L E RC ASPEN TRUST REESE JOHN W 3711 SAN FELIPE #12 -I 222 N LASALLE ST #800 1280 UTE AVE STE 32 HOUSTON, TX 77027 CHICAGO, IL 60601 ASPEN, CO 81611 ROESER ELLEN QPRT SALVADORE TERESA SEBASTIAN SEAN D S & AMY P S 1900 HIGHLAND PARK CIR ARMSTRONG JOHN B 321 GRANT ST FORT WORTH, TX 76107 1280 UTE AVE #20 SEWICKLEY, PA 15143 ASPEN, CO 81611 SHARPE NORTON & VIRGINIA TRSTEES SHELDON ROBERT & BARBARA SHUMAN RUTH L 10490 WILSHIRE BLVD #1603 11 BROOKSIDE DR 1120 PARK AVE LOS ANGELES, CA 90024 WESTPORT, CT 06880 NEW YORK, NY 10128 SMITH BRADLEY & DOLECKI SMITH STILLWATER RANCH OPEN SPACE UHALT HUGH C JENNIFER ASSOC CLINE LEONARD J 1455 UTE AVE PO BOX 11597 634 CARONDELET ST ASPEN, CO 81611 ASPEN, CO 81612 NEW ORLEANS, LA 70130 -3504 VALLEY GROUP LLC WAYNE WILLIAM & MARSHA TRUSTEES WILSON MIA & STEVEN 3001 HILLSBORO RD 1483 BONNYMEDE DR PO BOX 8786 BRENTWOOD, TN 37027 SANTA BARBARA, CA 93108 ASPEN, CO 81612 WILSON THOMAS H WISE HUGH D III WISE MARY 250 CAMINO ALTO #110 0252 HEATHER LN 1280 UTE AVE MILL VALLEY, CA 94941 -1450 ASPEN, CO 81611 ASPEN, CO 81611 Easy Peel" Labels i • Rommo Bend along line to i ��` AVERY® 5160® 1 Use Avery® Template 5160® Feed Paper expose Pop-up Edger" LJ s 10TH MTN DIVISION HUT ASSOC INC 1280 UTE LLC ALPHA FAMILY TRUST C A SARAN A 1280 UTE AVE 1280 UTE AVE #16 10100 GB INC ASPEN, CO 81611 ASPEN, CO 81611 LOS SANTA ANGELES, MONICA CAICA B CA 9006D 7 #2600 LOS 7 BASS EDWARD P BEHRHORST DAVID G BURGESS JOHN K & ELIZABETH 0/0 DORSEY CROUSE 1280 UTE AVE STE 32 25 CHESHAM ST 201 MAIN ST #2700 ASPEN, CO 81611 LONDON UK SWX 8NQ, FORT WORTH, TX 76102 CITY OF ASPEN CLINE LEONARD J COLEN TRUST ATTN FINANCE DEPT 634 CARONDELET ST 25 ORINDA WY #300 130 S GALENA ST NEW ORLEANS, LA 70130 -3504 ORINDA, CA 94563 ASPEN, CO 81611 COTE RICHARD CRICENTI - MUNVES PALMIRA EDDY DAVID M 1280 UTE AVE PO BOX 24 1426 CRYSTAL LAKE RD #3A ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 FALLIN RICHARD ALDEN FARVER JOAN LIVING TRUST FRETZ BRUCE R & BARBARA B PO BOX 6819 617 FRANKLIN PL # 200 1432 CRYSTAL LAKE RD #2B SNOWMASS VILLAGE, CO 81615 -6819 PELLA, IA 50219 ASPEN, CO 81611 -2250 GIBSON DYLAN J GOODMAN HERBERT I & MARY K GOODMAN LEONARD C 1280 UTE AVE 5710 TECUMSEH CIR 222 N LASALLE ST #800 ASPEN, CO 81611 HOUSTON, TX 770571317 CHICAGO, IL 60601 GORDON JOHN CHARLES HALCYON ASPEN LLC HART H RODES & PATRICIA I PO BOX 69 0/0 SMITHFIELD FOODS 3001 HILLSBORO RD TWIN LAKES, CO 81251 -0069 200 COMMERCE ST BRENTWOOD, TN 37027 SMITHFIELD, VA 23430 HEAD FREDERICK F HOFFMAN EVELINE REV TRUST HUNT SUSAN M & HELEN M 1451 UTE AVE 1427 CRYSTAL LAKE RD 15700 S PARK BLVD ASPEN, CO 81611 ASPEN, CO 81611 SHAKER HEIGHTS, OH 44120 -1670 JONES WARREN D & KATHLEEN K LUTTRELL MARTHA MANAGING SPACES LLC 2105 LEE SHORE PL 0/0 FRANCIS & FREEDMAN PO BOX 4362 WILMINGTON, NC 28405 501 S BEVERLY DR 3RD FL ASPEN, CO 81612 BEVERLY HILLS, CA 90212 MCCLAIN PETER K MITCHELL TODD MITCHELL TODD 1461 UTE AVE 0786 MIDNIGHT MINE PO BOX 1569 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 ttiquettes faciles a peter 1 I Repliez a la hachure afin de I www.avery.com i o me — le nar, evr•rrv® SIAn® 1 ` Sens de _- reveler le rebord Poo-uDE : 1.800 -GO -AVERY EXHIBIT 7 RESOLUTION NO. 9, (SERIES OF 2008) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING CONCEPTUAL COMMERCIAL DESIGN REVIEW, AND RECOMMENDING THE CITY COUNCIL APPROVE A F 0 CONCEPTUAL SPECIALLY PLANNED AREA (SPA), CONCEPTUAL W j PLANNED UNIT DEVELOPMENT (PUD), AND CONCEPTUAL TIMESHARE, O g FOR THE DEVELOPMENT OF SUB -GRADE PARIQNG, TWENTY w TIMESHARE UNITS, REDESIGNED COMMERCIAL SPACE, AND TWELVE a � .S AFFORDABLE HOUSING UNITS FOR THE PROPERTY LOCATED AT 1450 CRYSTAL LAKE ROAD (THE ASPEN CLUB) CITY OF ASPEN, PITKIN .. J COUNTY, COLORADO. c Parcel ID: 2737 181 - 32 - 019 o it WHEREAS, the Community Development Department received an application i N rc Y from Aspen Club and Spa, LLC, represented by Sunny Vann of Vann Associates, LLC v LL u requesting of the Planning and Zoning Commission approval of conceptual commercial z o ° 4 design review, and a recommendation of conceptual approval for a Specially Planned Area (SPA), Planned Unit Development (PUD), and Timeshare, to develop nineteen (19) timeshare units and twelve (12) affordable housing units, and to redesign existing commercial spaces; and, WHEREAS, the Applicant requests a recommendation by the Planning and Zoning Commission for conceptual approval of an amendment to a Planned Unit Development (PUD), a conceptual approval of a new Specially Planned Area (SPA), conceptual approval of a timeshare, and for conceptual approval of commercial design review; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended the Applicant amend the proposal to better comply with the requirements of a Specially Planned Area (SPA), a Planned Unit Development (PUD), Conceptual Timeshare, and the Commercial Design Standards; and, WHEREAS, the Applicant amended the application to include twenty (20) timeshare units and amended the site plan for the May 6, 2008 Planning and Zoning hearing; and, WHEREAS, during a duly noticed public hearing on May 6, 2008, continued from February 5, 2008, February 19, 2008, March 4, 2008, March 18, 2008, and April 1, 2008, the Planning and Zoning Commission approved Resolution No. 9, Series of 2008, by a Four to One (4 —1) vote, approving Conceptual Commercial Design Review, and recommending the Aspen City Council approve a Conceptual PUD, Conceptual SPA, Conceptual Timeshare: and RECEPTION #: 549039, 05/09/2008 at 09:24:00 AM, 1 OF 8, R 541.00 Doc Code RESOLUTION Resolution No 9, Series 2008 Janice K. Vos Caudill, Pitkin County, CO Page 1 of 6 WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission 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 Community Development Director, the applicable referral agencies, and has taken and considered public comment; and, WHEREAS, the Planning and Zoning Commission 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 Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section I Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves Conceptual Commercial Design Review, and recommends approval of Conceptual Specially Planned Area (SPA), Conceptual Planned Unit Development (PUD), and Conceptual Timeshare. Drawings illustrating the Conceptual Commercial Design Review are attached as Exhibit A to the Resolution. The final SPA/PUD application shall address comments in the following sections: Section 2: Building The Applicant shall meet all adopted building codes and requirements if and when a building permit is submitted. Accessible routes to any public right -of -way and accessible parking spaces will be required. The proposed project will be subject to the Use Tax on building materials. The proposed project will be required to comply with all Efficient Building Programs in place at time of building permit submittal. Section 3: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. The proposal shall comply with the DRC comments from the Engineering Department regarding transportation, drainage, pedestrian improvements, construction management, traffic studies, utilities and sight distances. The Applicant shall be subject to the Stormwater System Development Fee. Resolution No 9, Series 2008 • Page 2 of 6 • The final application shall address how the construction management plan will address construction while the Club remains open, and shall address how all construction activities will not impact all trees that are remaining on the site. Aspen Club Trail access or use for any construction activities is prohibited at all times; this includes but is not limited to truck traffic, foot traffic, storage or materials. Prior to submittal of the final application, the Applicant shall work with the Engineering Department and the Streets Department to ensure that any proposed Right -of -Way improvements, including speed bumps and crosswalks, meet all applicable standards. Section 4: Affordable Housing The Housing Board recommends that the three smaller units be deed - restricted as Category 2 units and that the other nine units be a mix of Category 3 and 4. The Applicant shall examine this request and address it in the final application. Section 5: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Section 6: Public Works The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the 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. Utility placement and design shall meet adopted City of Aspen standards. Each of the units within the building shall have individual water meters. The final application shall confirm that the 3- hydrants shown are adequate for the new land use Nothing from the 1976 PUD water rights agreement may change as part of this current project. A detailed utility plan including fire system requirements needs to be completed and submitted for approval. Details of how the mechanical room water distribution to the townhouse needs to be addressed in the final application. This distribution of service may be in conflict with the IRC. A service agreement may be needed for this option type. There is a planned replacement of roughly 1000 1.f. of existing waterline in Ute Avenue scheduled. The Applicant shall address how coordination in construction will occur in the final application. The final application shall also outline the proposed Water Line main loop. The final application shall address snow storage and drainage. Section 7: Sanitation District Requirements The district will require a conceptual sanitary sewer utility plan for this development Resolution No 9, Series 2008 Page 3 of 6 before committing to serve the proposed project. The plan must be acceptable and beneficial to the owner, the district and the Silver Lining Ranch. Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. The district will require that the applicant verify that the existing building's roof drains do not discharge the sanitary sewer system. Section 8: Environmental Health The state of Colorado mandates specific mitigation requirements with regards to asbestos. Additionally, code requirements to be aware of when filing a building permit include: a prohibition on engine idling, regulation of fireplaces, fugitive dust requirements, noise abatement and pool designs. The Applicant must meet all applicable requirements associated with the new pool. 5ation 9: Exterior Li eLtin¢ All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 10: Transportation The Applicant shall address all of the following in the final PUD /SPA Application: 1. An updated traffic impact study. 2. Parking issues for residents and guests at the Aspen Club. 3. Detailed Transportation Plan, which at a minimum includes the following information: o Which street the Aspen Club and Hotel Shuttles will use to access the Club; o Operational characteristics of the paid parking proposal, the carpool proposal, the carshare proposal, the bike share proposal, and the monitoring plan; o Examine how existing transportation services to the airport could be utilized for the pick - up/drop -off of timeshare owners/guests, and how the Club would coordinate pick -ups to minimize the number of total trips taken; o Address the feasibility of a corporate membership with the City's carshare program. o Examine the feasibility of utilizing the existing Cross -Town Shuttle service rather than adding additional shuttle services; and o Address how the Club will encourage the affordable housing residents and its employees to use alternative forms of transportation. Section 11: Parks Resolution No 9, Series 2008 Page 4 of 6 1. The final application shall include a detailed plan submitted for stream margin protection and stability of the hillside above the trail. 2. The final application shall include information on how trees that are to remain on the site will be protected throughout construction. 3. The natural stands of native landscaping located along Ute Ave should be protected with as little disturbance to the area as possible. This shall be addressed in the final application. The City will work with the developer to outline a possible trail/sidewalk connection along the ROW on Ute Ave. 4. Parks is not comfortable with the proposed relocation of access walkway. The Applicant shall work with the parks department prior to submittal of the final application to address all concerns related to all landscaping considerations, including proposed landscaping, proposed tree removals, and proposed relocation of access walkway. 5. The Applicant shall include the trail easement language for the existing Aspen Club Trail located on the North side of the property as part of the final application. Section 12: Avalanche Hazard Report The Applicant shall be required to submit an updated Avalanche Hazard Report detailing the avalanche danger for the lot. Section 13: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or 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 an authorized entity. Section 14: This Resolution shall not affect 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 15: If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 6th day of May, 2008. Resolution No 9, Series 2008 Page 5 of 6 APPROVED AS TO FORM: PLANNING AND ZONING CO SION: • Attorney pamer, hair ATTEST: ekie Lothian, Deputy City Cleric w.. Resolution No 9, Series 2008 Page 6 of 6 v • 3 - � 1 ' = 8 i T ' i i 1 � - Ma f i 1 1 € g , tr \TY y,j r,„, 0 Il , I \ � �� r ^ t , \ \ r r 4 1 ,' G b r ' - I i _ ca 1 1 {D I OS I I ; bra i 1 as: � 1 '/S, : .iii x I J T ! Q' il ' r: : y '" I- s j I$ a Os 1 _ 1 0 0 eon! Jr kt t . Cs' C 1 4b Y 2 c.o. f !-4f ; 1 No �- tri r� � .„ ` 331 , i. d _____Ila '-• ---- . --- • _1'..-. z --- : !I „,„.,.,_, _ .1. pct N 2 ......�. .:.. . Q $ d § ■! §: K! � / � k § f f $ 8 1 $ �G I , } Si & a: , - § § 5. see Imo co ` g ) §§ m lilt.. m ( s ` ' ° _ ,� � �� ` ® 1 ./ . imo w> ! 1 _ ! ,„ _ § f f = a, R- ) is E | i \ = - :�Q2 gig_ \ =_ Fitz' ) �_ ; ) ( n ci ) � _ � % | : k F. ,' \ jw ) Hi '.' meg Imo ■ I f -gym ` 1 , 9 0 0. EXHIBIT RECEPTION #:57182 04:00:31 PM, $ d 1 OF 71, R $361.00 D ORDINANCE ORDINANCE N0.2, Janice K. Vos Caudill, Pitkin County, CO (SERIES OF 2010) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING FINAL SPECIALLY PLANNED AREA (SPA), FINAL PLANNED UNIT DEVELOPMENT (PUD), FINAL TIMESHARE, MULTI -YEAR GROWTH MANAGEMENT REVIEW, REZONING, AND SUBDIVISION FOR THE DEVELOPMENT OF SUB -GRADE PARKING, TWENTY TIMESHARE UNITS, REDESIGNED COMMERCIAL SPACE, AND TWELVE AFFORDABLE HOUSING UNITS FOR THE PROPERTY LOCATED AT 1450 CRYSTAL LAKE ROAD (THE ASPEN CLUB) CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737- 181 -32 -019 WHEREAS, on September 17, 2007, the Community Development Department received an application from Aspen Club and Spa, LLC, represented by Sunny Vann of Vann Associates, LLC requesting approval of conceptual commercial design review, conceptual approval for a Specially Planned Area (SPA), Planned Unit Development (PUD), and Timeshare, to develop a sub -grade garage, nineteen (19) timeshare units and twelve (12) affordable housing units, and to redesign existing commercial spaces; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended the Applicant amend the proposal to better comply with the requirements of a Specially Planned Area (SPA), a Planned Unit Development (PUD), Conceptual Timeshare, and the Commercial Design Standards; and, WHEREAS, in order to address the concerns raised by the Community Development Department, the Applicant amended the application to include twenty (20) timeshare units and amended the site plan for the May 6, 2008 Planning and Zoning hearing; and, WHEREAS, during a duly noticed public hearing on May 6, 2008, continued from February 5, 2008, February 19, 2008, March 4, 2008, March 18, 2008, and April 1, 2008, the Planning and Zoning Commission approved Resolution No. 9, Series of 2008, by a Four to One (4 — 1) vote, approving Conceptual Commercial Design Review, and recommending the Aspen City Council approve a Conceptual PUD, Conceptual SPA, Conceptual Timeshare; and, WHEREAS, during a duly noticed public hearing on July 14, 2008, the City Council approved Resolution No. 65, Series of 2008, by a Four to One (4 —1) vote, approving Conceptual PUD, Conceptual SPA, Conceptual Timeshare; and, WHEREAS, on May 4, 2009, the Community Development Department received an application from Aspen Club and Spa, LLC, represented by Sunny Vann of Vann Associates, LLC requesting approval of final Specially Planned Area (SPA), final Planned Unit Development (PUD), final Timeshare, Stream Margin, Affordable Housing Growth Management Allotments, Multi -Year Growth Management Lodge Allotments, Rezoning, and Subdivision, to Ordinance No 2, Series 2010 Aspen Club PUD /SPA/Timeshare/Growth Management/Subdivision Page 1 of 20 develop a sub -grade garage, twenty (20) timeshare units and twelve (12) affordable housing units, and to redesign existing commercial spaces; and, WHEREAS, during a duly noticed public hearing on October 20, 2009, continued from September 29, 2009, and to October 6, 2009, the Planning and Zoning Commission approved Resolution No. 15, Series of 2009, by a four to two (4 — vote, approving Stream Margin Review and twelve (12) Affordable Housing Growth Management Allotments, and recommended the Aspen City Council approve a Final PUD, Final SPA, Final Timeshare, Rezoning, one - hundred and twenty -four (124) Multi-Year Lodge Growth Management Allotments (112 Allotments from 2009 and 12 Allotments from 2010), and Subdivision; and, WHEREAS, in response to concerns by the Planning and Zoning Commission and the Community Development Department the Applicant provided a letter dated December 16, 2009 indicating that there is an "inextricable connection between the continued operation of the Aspen Club & Spa facility and the proposed Aspen Club Living Condominiums" (the fractional units) and that "the Club Owner will not have the ability to shut down the Club operation or to substantially change the use of the Club Building without the express consent and approval of the City of Aspen and, at a minimum, the Association on behalf of the Fractional Owners," and; WHEREAS, pursuant to Section 26.310, the City Council may approve a Rezoning, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, pursuant to Section 26.440, the City Council may approve a Final SPA, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, pursuant to Section 26.445, the City Council may approve a Final PUD, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, pursuant to Section 26.470, the City Council may approve Multi-Year Growth Management Allotments, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, pursuant to Section 26.480, the City Council may approve a Subdivision, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 2 of 20 recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, pursuant to Section 26.590, the City Council may approve a Final Timeshare, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, during a duly noticed public hearing on February 8, 2010 and February 22, 2010, March 8, 2010, March 31, 2010, May 10, 2010 and May 24, 2010 continued to June 1, 2010, the City Council approved Ordinance No. 2, Series of 2010, by a three to one (3 — 1) vote, approving Final SPA, Final PUD, Final Timeshare, 124 Multi -Year Growth Management Lodge Allotments, Rezoning, and Subdivision; 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 meets or exceeds the Specially Planned Area Standards of Designation as outlined in Land Use Code section 26.440.030(A); 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 Community Plan; and, WHEREAS, the City Council fords that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves a Final Specially Planned Area (SPA), Final Planned Unit Development (PUD), Final Timeshare, Rezoning, one - hundred and twenty -four (124) Multi - Year Lodge Growth Management Allotments [one - hundred and twelve (112) from the 2009 Growth Management Year and twelve (12) from the 2010 Growth Management Year], and Subdivision, subject to the following conditions. Section 2: Subdivision/PUD/SPA Plat and Agreement The Applicant shall record a Subdivision/PUD /SPA agreement (hereinafter "Agreement ") that meets the requirements of Land Use Code within 180 days of approval. The 180 days shall commence upon the granting of Final Commercial Design Review approval by the Planning and Ordinance No 2, Series 2010 Aspen Club PUD /SPA/Timeshare/Growth Management/Subdivision Page 3 of 20 Zoning Commission. Additionally, a final PUD /SPA/Subdivision Plat shall be recorded in the Pitkin County Clerk and Recorder's Office within 180 days of the final Commercial Design Approval and shall include the following: a. A final plat meeting the requirements of the City Engineer and showing: easements, encroachment agreements and licenses (with reception numbers) for physical improvements, and location of utility pedestals. b. An illustrative site plan of the project showing the proposed improvements, parking, and dimensional requirements as approved. c. A detailed landscaping plan. d. A drawing representing the project's architectural character, including building elevations. e. A final grading and drainage plan meeting all requirements of the City Engineer. The Applicant shall receive Engineering Department approval for their drainage plan prior to Engineering Department sign -off on the Final Plat. f. A final utility and public facilities plan. g. A trail easement for the trail to be dedicated to the public (crossing the property from the existing "Aspen Club Trail" through the site to Ute Avenue). The final plat shall re- number the subdivided Tots that were presented in the application, and referred to herein, as follows: Lot I shall be Lot 15 -A Lot 2 shall be Lot -15 -B Lot 3 shall be Lot 15 -C Lot 4 shall be Lot 15 -D Lot 5 shall be Lot 15 -E The Applicant shall condominiumize the timeshare units after substantial completion of the project. The condominium plat(s) shall be reviewed administratively. The Agreement shall require recordation of a condominium plat prior to issuance of a Certificate of Occupancy. Section 3: Timeshare Documents The Applicant shall record a Timeshare Disclosure Statement and Development Instruments concurrently with the Condominium Plat and Declaration. The documents shall meet all requirements outlined in section 26.590.090 of the Land Use Code. • Section 4: Dimensional Requirements The approved dimensional requirements are based off the following standardization: all front yard setbacks are the south side of the lots, all the rear yard setbacks are on the north side of the lots, and all side yard setbacks are the east and west sides of the lots. Ordinance No 2, Series 2010 Aspen Club PUD /SPATI'imeshare/Growth Management/Subdivision Page 4 of 20 RR Dimensional Proposed Dimensional Requirements for subdivided lots Requirement Lot 1: 161,251 sq. ft. Minimum Lot Lot 2: N/A Size Lot 3: 14,328 sq. ft. Lot 4: 25,851 sq. ft. Lot 5: 11,332 sq. ft. Minimum Lot Area per N/A dwelling unit Minimum Lot As recorded on the Final Plat Width Lot 1: 30 feet above grade, 5 feet below grade Minimum Lot 2: N/A Front Yard Lot 3: 10 feet Setback Lot 4: 0 feet Lot 5: 7.5 feet Lot I: 0 feet above and below grade Minimum Side Lot 2: N/A Yard Setback Lot 3: 10 feet (East Side) Lot 4: 20 feet Lot 5: 5 feet Lot 1: 60 feet above grade for building, 20 feet above grade Minimum Side for garage access stair, 5 feet below grade Yard Setback Lot 2: N/A (West Side) Lot 3: 20 feet Lot 4: 5 feet Lot 5: 0 feet Lot 1: 100 feet (15 feet from Top of Slope) Minimum Rear Lot 2: N/A Yard Setback Lot 3: 10 feet Lot 4: 10 feet Lot 5: 10 feet Townhouse Units (Lots 3 & 4) Pitched Roofs (Units 1, 7, 14): 28 feet Flat Roofs (Units 2 -5, 8 -13): 28 feet Club Units (Lot 2): 28 feet Maximum Affordable Housing Units (Lot 5): 28 feet with the Height following exceptions: Unit 11, Northwest Comer: 32 feet Unit 12, Northwest Corner: 41 feet Unit 12, Southwest Comer: 31.25 feet Aspen Club Building (Lot I): 28 feet Ordinance No 2, Series 2010 Aspen Club PUD /SPAlfimeshare/Growth Management/Subdivision Page 5 of 20 RR Dimensional Proposed Dimensional Requirements for subdivided lots Requirement Minimum % N/A Open Space Total FAR: .55:1 Total: 94,750 sq. ft. Allowable Multi- family (affordable housing units): 12,390 sq. ft. Floor Area Lodge: 50,490 sq. ft. (Townhouse Units: 34,410 sq. ft.; Club Units: 16,080 sq. ft.) Commercial (Club): 31,870 sq. ft. 132 spaces total: Minimum Off - Lodge: 20 spaces Street Parking Aspen Club and Spa: 95 spaces (60 spaces on Lot 1; 35 spaces on Lots I4A & 14W) AH units: 17 spaces Section 5: Financial Assurances - Performance Bond (a) The Applicant commits and agrees that before a Building Permit is issued for the Aspen Club Living development approved by this Ordinance, the Applicant shall provide to the City Building Department and the City Attorney for review and approval satisfactory evidence that the Applicant has in place sufficient financing to accomplish and complete the construction of the development, including all public improvements as defined in Section 27 herein and covered by the Building Permit, all public improvements required under the Subdivision/PUD /SPA Agreement, and the Aspen Club & Spa upgrades provided for in Section 23. Such financing may include, without limitation, a construction loan from an institutional lender or lenders and equity capital investments from the Applicant and/or third party investors. (b) Supporting cost estimates for all improvements covered by the requested Building Permit shall be prepared by the Applicant's General Contractor and shall be delivered to the City Building Department for review and approval before the Building Permit is issued. (c) The Applicant further commits and agrees that before a Building Permit is issued for the Aspen Club Living development approved by this Ordinance, the Applicant shall provide to the City Building Department and the City Attorney for review and approval a copy of a Performance Bond issued or committed to be issued to the Applicant's General Contractor by an institutional surety company pursuant to which the surety agrees to provide the funds necessary to complete the construction of the improvements covered by the Building Permit, and all public improvements required under the Subdivision/PUD /SPA Agreement and described in Section 27 herein. The Performance Bond shall name the Applicant and the City of Aspen as additional beneficiaries or insureds thereunder to grant to either or both of them a direct right of action under the Performance Bond in order to construct or finish public improvements, and to complete the construction of the improvements covered by the Building Permit. Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 6 of 20 Section 6: Pre - Construction Meeting The Applicant shall conduct a pre- construction meeting with the City Community Development Staff prior to submittal for a building permit application. This meeting shall include the general contractor, the architect producing the construction drawings, a representative of the Building Department, a representative of the Engineering Department, and the Community Development Department's case planner. Section 7: Commercial Design Review The Applicant shall submit an application for final Commercial Design Review within one (1) year of the date of final SPA/PUD approval. The Applicant is required to receive final Commercial Design Review prior to submission of a building permit. Section 8: Building Permit Application The Applicant shall meet all adopted building codes and requirements in effect at the time the building permit is submitted. Accessible routes to any public right -of -way and accessible parking spaces will be required. The proposed project will be subject to the Use Tax on building materials. The proposed project will be required to comply with all Efficient Building Programs in place at time of building permit submittal. Prior to building permit submittal the architect of record must determine the type of construction for the existing structure and the allowable area for building and addition based on the type of construction and modifications. The building permit application shall include the following: a. A copy of the Development Order issued by the Community Development Department (see Section 26.304.075(A)(2), City of Aspen Municipal Code.) b. A copy of the final City Council Ordinance and P &Z Resolution. c. A copy of the final Commercial Design Review approval d. The conditions of approval printed on the cover page of the building permit set. e. A means of egress plan. f. An overall access plan for the site. g. If the Club is intending to operate while under construction, a plan to maintain exits and separation from construction activity will be required. h. The TDM Plan and updated Traffic Study. i. A detailed Lighting Plan. j. A plan showing protection of the stream margin area and the stability of the hillside above the trail. Section 9: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. The Applicant shall be subject to the Stormwater System Development Fee. The final drainage plan shall meet all Engineering Department standards, The application has been referred to the Colorado Geologic Survey for their review on the geologic hazards to the site. This information shall be provided as part of the building permit submittal. Ordinance No 2, Series 2010 Aspen Club PUD /SPA/rimeshare/Growth Management/Subdivision Page 7 of 20 The construction management plan shall address construction while the Club remains open, and shall address how all construction activities will not impact all trees that are remaining on the site. Aspen Club Trail access or use for any construction activities is prohibited at all times; this includes but is not limited to truck traffic, foot traffic, storage or materials. Section 10: Ute Trail Improvements The Applicant has agreed to contribute to the completion of the Ute Trail. This contribution will occur no later than 60 days notice of the commencement date/notice to proceed of the Trail's construction as provided by the City of Aspen. The Applicant has agreed upon a contribution in the amount of $70,000 to be adjusted annually according to the Consumer Price Index (C.P.I.) starting in 2009. Prior to both the contribution and the building permit issuance the Applicant will need to provide the City of Aspen a Bond or Letter of Credit in the amount of $70,000. This bond will be released once the contribution is received. If the contribution is not made as described above the bond or letter of credit will be executed by the City of Aspen. Section 11: Ute Ave Improvements The Applicant agrees to improve the Cul de sac at Ute Ave to accommodate a 100 foot diameter while maintaining the center island. Sheet 1 of 1 of plans dated 6/30/2009 shows conceptually how this will be achieved. These plans are attached to the Ordinance as Exhibit D. The Applicant agrees to install two speed tables along Ute Avenue prior to Certificate of Occupancy for the Timeshare Units. One at the Ute Trail crossing and the other location to be approved by the City Engineer. The final design of the speed tables must be approved by the City Engineer. The Applicant shall provide a cost estimate as approved by the City Engineer and provide financial assurances for all public improvements. The Applicant shall bear all costs associated with the proposed improvements to Ute Avenue. Section 12: Affordable Housing The Applicant shall provide twelve (12) on -site affordable housing units. Three (3) units of 850 sq. ft. of net livable area shall be deed restricted to a Category 2, five (5) units of 950 sq. ft. of net livable area shall be deed restricted to a Category 3, and four (4) units of 950 sq. ft. of net livable area shall be deed restricted to a Category 4. The Applicant shall record a deed restriction on each of the twelve (12) affordable housing units in conjunction with filing a condominium plat for the property and prior to issuance of a Certificate of Occupancy (CO) on the affordable housing units. The Certificate of Occupancy for the affordable housing units shall be issued prior to or at the same time as the Certificate of Occupancy for the timeshare units. The affordable housing units shall be owned and managed by the Aspen Club and Spa. More detailed information regarding the management and maintenance of the units shall be provided to APCHA with the proposed deed restriction prior to CO. Ordinance No 2, Series 2010 Aspen Club PUD /SPA/Timeshare/Growth Management/Subdivision Page 8 of 20 The owner shall have the right to rent the units to qualified employees of the Club. If the owner cannot provide a qualified tenant, the units shall be rented through APCHA's normal advertising process. At no time shall the tenancy of the units during a lease period be tied to continued employment by the owner. Tenant leases, however, may be terminated for cause or at the end of the lease period upon termination of employment. Each tenant in the rental units shall be required to be requalified by APCHA on a yearly basis. The owner shall convey an undivided 1110 of 1% ownership interest in the lot on which the units are situated to APCHA. The APCHA ownership interest shall be in perpetuity or until such time as the units are converted to ownership units, or the statutory restriction on rent control units is eliminated. The deed restriction shall allow the units to become ownership units at such time as the owner (the Aspen Club and Spa) elects to condominiumize and sell the units, or at such time as APCHA determines one or more units are found to be out of compliance with APCHA Guidelines for one year. If any of the units are found to be out of compliance for one year, or the owner elects to sell the units, the units shall be listed for sale with APCHA at the categories specified in the deed restriction. The sales price shall be as stated in the APCHA Guidelines in effect at the time of recordation of the deed restriction plus appreciation calculated at three percent (3 %) per annum or the Consumer Price Index (simple appreciation not compounded), whichever is less, as of the listing date of the units. If the units are being sold due to noncompliance, all of the units shall be sold through the lottery system. If the owner elects to sell the units, the owner may choose 1 /3` of the initial buyers provided they qualify under APCHA's top priority for the unit. If the owner elects to sell the units, or they are required to be sold due to noncompliance, owner shall condominiumize the units and form a condominium association for the management and maintenance thereof. The affordable housing association shall be separate from the fractional ownership unit's association. In the event the rental units are required to become ownership units due to noncompliance, APCHA or the City may elect to purchase them for rental to qualified tenants in accordance with APCHA Guidelines. The affordable housing commitment made by the Applicant pursuant to this Section represents in part a voluntary negotiated agreement between the Applicant and the City which has been proposed by the Applicant as a public benefit in connection with the Aspen Club development approved by this Ordinance. Section 13: Fire Mitlzation All codes adopted by the Aspen Fire Protection District at the time of building permit submittal shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Ordinance No 2, Series 2010 Aspen Club PUD /SPA/fimeshare/Growth Management/Subdivision Page 9 of 20 The Applicant shall provide an overall access plan for the site with the building permit submittal. The subgrade garage shall have adequate fire access. This shall be reviewed and approved by the Fire Marshall. The proposed lawn pavers shall be engineered to support fire truck loads. Fire sprinklers and alarms are required and shall be included in the project, including in all structures. Section 14: Public Works The Applicant shall comply with the City of Aspen Water System Standards, with Tide 25, and with the 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. Utility placement and design shall meet adopted City of Aspen standards. Each of the units within the building shall have individual water meters. Nothing from the 1976 PUD water rights agreement may change as part of this current project. The recorded plat shall provide adequate easements for all utility lines. This shall be reviewed by the Engineering and Water Departments prior to recordation. The project will demonstrate the delivery of fire flows adequate to satisfy Aspen Fire Protection District standards for a Type IIIB Commercial Building. This may be satisfied by an analysis acceptable to the Aspen Water Department which demonstrates system delivery capabilities of the existing water distribution system at the Ute Avenue side of the project of 3,000 gallons per minute. The Applicant shall bear all costs associated with the proposed improvements to the water line along Ute Avenue and metering connections that result from this project. Section 15: Sanitation District Requirements Since there is an existing Aspen Consolidated Sanitation District owned and maintained main sanitary sewer line currently running through the proposed development, the proposed relocation of this main ACSD sanitary sewer line must be approved by the District's consulting engineer and board of directors prior to the district committing to serve this application. The district will require a written verification from the Applicant that the revised sanitary sewer service for the Silver Lining Ranch is acceptable to the current owners of the Silver Lining Ranch property. Since it is apparent at this level of approval that the district's main sanitary sewer lines will be modified to serve the new proposed development, a line relocation request and collection system agreement are required, Both are ACSD Board of Director's action items. New easements will be required for the sanitary relocation according to standard district form. Additional access and maintenance easements may be required depending on the final sanitary sewer utility plans. Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 10 of 20 Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. The Applicant shall bear all costs associated with the proposed improvements to the sanitation system that result from this project. Section 16: Environmental Health . The State of Colorado mandates specific mitigation requirements with regards to asbestos. Additionally, code requirements to be aware of when filing a building permit include: a prohibition on engine idling, regulation of fireplaces, fugitive dust requirements, noise abatement and pool designs. The Applicant must meet all applicable requirements associated with the new pool. Wildlife protection/enclosures for the trash and recycle area is required. The Applicant will be subject to the TDM/Air Quality Impact Fee in place at the time of Building Permit submittal. Section 17: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. No exterior lighting shall be permitted in the stream margin area (fifteen (15) foot setback area from top of slope) or in any area below the top of slope line (toward the river) unless it is in the exact location of the existing lighting and requires no additional disturbance to the stream margin area. This shall be verified at time of building permit submittal. Section 18: Transportation The Applicant shall comply with all aspects of the Transportation Demand Management (TDM) plan attached to this Ordinance (Exhibit A). The TDM Plan and the TDA Traffic Study (attached as Exhibit B) shall be recorded as part of The Agreement. The Applicant may update the traffic counts and TDM Plan prior to building permit submittal. This shall be conducted after working with the Transportation, Community Development, Engineering, and Environmental Health Departments to ensure compliance with all approvals. Any changes to the TDM plan based on updated traffic counts must be reviewed and approved by the Transportation, Engineering, Environmental Health, and Community Development Departments. The Applicant shall conduct a meeting to review the Transportation Demand Management Plan with the City Staff prior to submittal for a building permit application. This meeting shall include the Applicant, a representative of the Transportation Department, a representative of the Engineering Department, a representative of the Environmental Health Department, and the Community Development Department's case planner. The Applicant shall be required to install a traffic counting system to monitor traffic on an hourly and daily basis. The system to be installed shall be reviewed at the above referenced meeting and must be approved by the Transportation Department prior to building permit submittal. The Club Owner shall be responsible for the purchase, installation, and maintenance of the system. The Club Owner shall also include a back -up method of counting traffic in the event that the Ordinance No 2, Series 2010 Aspen Club PUD /SPA/Timeshare/Growth Management/Subdivision Page 11 of 20 installed system malfunctions or does not work at any time. The system shall be installed prior to issuance of a Certificate of Occupancy for the Timeshare Units. A semi- annual Report covering January through June and July through December shall be provided to the Transportation, Engineering, Community Development, and Environmental Health Departments by January 15 and July 15 annually for ten (10) years after the project receives a CO. The report must indicate both daily and hourly traffic counts. The Report shall also include the status of required TDM program components. For each year the Club does not meet the zero growth goal, the annual reporting obligation shall be extended by one year. If staff reviews the report and finds it is not in compliance with the TDM Measures or does not include the required reporting information, the issue(s) shall be brought to City Council for discussion and action if needed. If the Club does not meet the zero growth goal for two (2) years in a row, they shall be required to pay one -half (1/2) the Annual cost of operating the Cross -Town Shuttle (at the rate in effect at that time), and institute paid parking at the Club until they can show they have met the zero growth goal in some other way, as approved by the Transportation, Engineering, Environmental Health, and Community Development Departments. Section 19: Parks • Building permit plans shall include a detailed plan submitted for stream margin protection and stability of the hillside above the trail. The detailed plan shall identify the location of silt fencing and erosion control along the hillside. The City can provide specifications if needed: minimum requirements include a silt fence and straw bales placed in a manner preventing erosion and protect the river from residual run -off. All of these detailed at the 15' set back from top of slope. Building permit plans shall include a detailed plan submitted for Construction staging. This plan shall detail how the construction will take place with staging, storage of materials and locations of vehicles so that trees remaining on site will not be impacted and remain protected. Building permit plans shall include a detailed plan submitted for Tree Protection. Tree protection fences must be in place and inspected by the city forester or his/her designee before any construction activities are to commence. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on site. There should be a location and standard for this fencing denoted on the plan. An approved tree permit is required before submission of the building permit set. Proper spacing and a detailed legend for new plantings and plantings around existing trees shall be reviewed by the Parks Department at building permit submittal. This legend shall include species name. Building Permit Plans shall detail the material and width of the footpath proposed within the stream margin area. This footpath shall be installed with hand excavation tools only and set around all trees to remain on site. The utilities located under the trail should be developed and installed with junction boxes so future repairs can be accomplished without the need to excavate Ordinance No 2, Series 2010 Aspen Club PUD /SPA/Timeshare/Growth Management/Subdivision Page 12 of 20 the new trail. This trail shall not be used for or provide access for any construction activities. This includes but is not limited to truck traffic, foot traffic, storage or materials. Aspen Club Trail access or use for any construction activities is prohibited at all times. This includes but is not limited to truck traffic, foot traffic, storage or materials. The Applicant will be subject to the Parks Development Impact Fee in place at the time of Building Permit submittal. Section 20: Parking No parking is approved for Ute Ave or in the cul -de -sac. Section 21: School Lands Dedication The Applicant will be subject to the School Lands Dedication cash -in -lieu in place at the time of Building Permit submittal. Section 22: Energy Commitment (a) An audit of the gas and electrical energy consumed by the existing 77,000 square foot Aspen Club building during the preceding three years was conducted by Resource Engineering Group and summarized in a written report dated November 24, 2008, a copy of which report is attached as Exhibit C to the Ordinance. The energy consumption reflected in that report averaged 18,600 million Btu/year over the subject three year period (the "Baseline Average "). The Club Owner ( "Club Owner" for purposes of this Ordinance and the Agreement shall mean the record owner from time to time of Lot 1, Aspen Club Living Subdivision/PUD /SPA) hereby commits and agrees that following the redevelopment of the Property pursuant to the approvals granted in this Ordinance, the average annual energy consumption of all uses of the Property (including the Club, the Timeshare Units, and the Affordable Housing Units) will not exceed the Baseline Average. (b) The Club Owner commits and agrees that the Building Permit Application for the Aspen Club Living development approved by this Ordinance (including the Aspen Club & Spa facility upgrades discussed in Section 23 below) shall include the installation of such energy conservation mechanical components (including upgrades to existing systems) as may be designed and recommended by Resource Engineering Group, or other qualified engineering firm, in order to achieve the energy consumption Baseline Average for all anticipated uses of the Property (including the Club, the Timeshare Units, and the Affordable Housing Units). The specifications and recommendations provided by Resource Engineering Group shall be reviewed and approved by the City Building Department and the Canary Initiative staff before the Building Permit is issued. (c) Pursuant to Section 5 of this Ordinance (Financial Assurances), the Club Owner is • also committing to provide the City with a copy of a Performance Bond on the project prior to the issuance of a Building Permit therefore. The Performance Bond shall also cover the installation of the energy consumption mechanical components (including upgrades to existing systems) that are incorporated in the approved Building Permit. Ordinance No 2, Series 2010 Aspen Club PUD /SPA/Timeshare/Growth Management/Subdivision Page 13 of 20 (d) The final Certificate of Occupancy for the Aspen Club Living development approved by this Ordinance shall not be issued until the Club Owner has demonstrated to the Building Department and Canary Initiative staff that such required energy conservation mechanical components (including upgrades to existing systems) have in fact been installed by Club Owner. (e) Within 30 days following the expiration of the one year period following the issuance of the final Certificate of Occupancy for the Aspen Club Living development, the Club Owner shall provide the Building Department and Canary Initiative staff with a report summarizing the energy consumed by all uses of the Property during said one year period. With such report, the Club Owner shall provide the Building Department and Canary Initiative staff with copies of all energy bills used to prepare the report, for purposes of verification by the City. If such report concludes that the energy consumed by all uses of Property during said one year period exceeds the Baseline Average, within 30 days following the date of the report the Club Owner shall open an Escrow Account with Pitkin County Title, Inc., subject to Escrow Instructions that have been mutually approved by Club Owner and the City Attorney, and shall fund that Escrow Account with the sum of $ 100,000.00 and shall provide the City with evidence of such deposit. During the ensuing one year period, the Club Owner shall make a good faith effort to bring the Property's energy consumption into compliance with the Baseline Average. (f) Three years following the date of issuance of the final Certificate of Occupancy for the Aspen Club Living project, the Club Owner shall have Resource Engineering Group or other qualified engineering firm perform a complete energy audit covering all uses of the Property during the preceding three year period and averaging the energy consumption of the Property over said three year period. If such audit concludes that the energy consumed during said three year period exceeds the Baseline Average, the Club Owner shall have Resource Engineering Group or other qualified engineering firm perform an updated evaluation of the energy systems (and the operation thereof) on the Property and the Club Owner shall have the year following the date of the audit in which to make such changes in the operation of the energy system and/or such upgrades to the system as may be recommended by said engineering firm in order to achieve the promised Baseline Average. The Club Owner shall have the right to draw funds from the Escrow Account to pay for such remediation efforts. (g) Similar audits will be performed four years and five years, respectively, following the date of issuance of the fmal Certificate of Occupancy for the Aspen Club Living project, in each instance covering the preceding three year period and averaging the energy consumption of the Property over said three year period. If either of said audits reflects a non - compliance with the Baseline Average, then the Club Owner shall continue its good faith efforts to upgrade the energy consumption on the Property pursuant to the previous recommendations of the engineering firm and shall have the right to draw funds from the Escrow Account to pay for such remediation efforts. (h) If said fifth year audit determines that the energy consumption on the Property does not exceed the Baseline Average, the Escrow Account shall be closed and all remaining funds therein shall be returned to the Club Owner and no further energy reports or audits shall be required. If said fifth year audit determines that the energy consumption of the Property exceeds Ordinance No 2, Series 2010 Aspen Club PUD /SPAlfimeshare/Growth Management/Subdivision Page 14 of 20 the Baseline Average, the Club Owner shall be obligated to provide an additional energy consumption audit six years following the date of issuance of the final Certificate of Occupancy for the Aspen Club Living project, covering the preceding three year period and averaging the energy consumption of the Property over said three year period. Such annual audit obligation shall continue until such time as an audit determines that the energy consumption on the Property does not exceed the Baseline Average. Section 23: Club Reinvestment (a) The Club Owner hereby commits and agrees that prior to the issuance of a final Certificate of Occupancy for the Aspen Club Living development approved by this Ordinance, the Club Owner will spend a minimum of $5,000,000 in upgrades to the existing Aspen Club & Spa facility. Improvements are anticipated to include, but not be limited to: • Program Development and • steam room in men's and women's Programming (as defined herein and locker room in Exhibit F to this Ordinance) • sauna in men's and women's locker • structural improvements throughout room Club • retiling and regrouting in wet areas • new entryway of locker rooms • underground parking • updated spa rooms • safer access to Club • massage tables • upgraded HVAC system • new carpeting throughout Club • new heating and cooling control • new furniture in reception area systems • new patio furniture and umbrellas on • clean energy initiatives such as outdoor deck geothermal and solar • update salon • upgraded insulation • salon furniture and fixtures • fix snowmelt • phone system • refurbished cardio room • repair roof • new weights in weight room • employee lounge furniture • new cardio equipment in cardio area • TRX System • painting • entrance to Yoga Studio • performance center • cord coverings on Cardio Deck • yoga studio • TVs • new spinning bikes • spa entrance area • new power tap equipment • signage • swimming pool • replace steam units • lockers in men's and women's locker • equipment in spa room • redesign retail space (b) Upon substantial completion of the upgrades to the Aspen Club & Spa facility, the Club Owner shall provide to the Community Development Department a summary of the costs and expenses incurred by the Club Owner ih accomplishing the upgrades, which cost summary shall be reviewed and approved by the Community Development Department. The Club Owner shall Ordinance No 2, Series 2010 Aspen Club PUD /SPA/t'imeshare /Growth Management/Subdivision Page 15 of 20 specifically explain all costs related to improving the snowmelt system, upgrading insulation, clean energy initiatives, heating and cooling systems, improved HVAC systems, safe access to the Club, underground parking, a new entryway, and structural improvements. (c) A final Certificate of Occupancy shall not be issued for the Aspen Club Living development project approved by this Ordinance until the Community Development Department is satisfied that the Club Owner has expended a minimum of $5,000,000 in connection with the upgrades to the Aspen Club & Spa fapility. (d) The Applicant has also committed to provide on -going benefits to the community. Said benefits are listed below and in Exhibit F to this Ordinance. • Program Development and Programming (as defined herein and in Exhibit F to this Ordinance) • The Aspen Club will be available to host Project Graduation for as long as Project Graduation wishes to be at the Club • The Aspen Club will be made available for Local Olympic and other elite athletes who wish to train at the Club. • The Aspen Club will be made available for local Paralympic athletes who wish to train at Club. • The Aspen Club will continue to host occasional community events and social gatherings. • Disabled members of our community will be allowed to train on the Aspen Club's Alter G machine for the life of that equipment. • The Aspen Club will continue to hold seminars and lectures during the year that are open to the public. • The Aspen Club will continue to provide free office space to two local charities. lf, at any time, the Applicant and subsequent Club Owners are unable, for whatever reason, to provide the benefits outlined in this section, the Community Recreation Fund, outlined in Section 24, may be used to provide said benefits elsewhere in the community. Section 24: Aspen Club Living Condominiums ( "ACLC") Fractional Interest Assessment. The Club Owner hereby commits and agrees that the initial purchaser of each Fractional Interest in the Aspen Club Living Condominiums, and each subsequent purchaser of such Fractional Interest shall be obligated to pay to the City of Aspen an ACLC Fractional Interest Assessment in the amount of 0.25 percent of the Actual Cash Consideration paid for the Fractional Interest. This assessment shall sunset 25 years from the date of this approval. Said ACLC Fractional Interest Assessment shall be due and payable by the purchaser at the time of closing of the Fractional Interest transfer, and shall be submitted and paid to the City Cashier in the Finance Department and prior to the recording of the purchase deed in the Office of the Clerk and Recorder of Pitkin County, Colorado. If not paid when due, said Assessment shall bear interest at the rate of 18% per annum until so paid, and such Assessment and interest shall constitute a lien on the subject Fractional Interest for the amount thereof, which lien shall continue until the amount thereof is paid or until its discharge of record by foreclosure or otherwise. Said ACLC Ordinance No 2, Series 2010 Aspen Club PUD /SPAtrimeshare/Growth Management/Subdivision Page I6 of 20 Fractional Interest Assessment shall be subject to the same exemptions as are applicable to the Wheeler Real Estate Transfer Tax as set forth in Chapter 23.48 of the Aspen Municipal Code. All ACLC Fractional Interest Assessments received from time to time by the City Cashier shall be promptly deposited in a fund to be known as the Aspen Club Community Health and Recreation Fund (the "Community Recreation Fund "). The purpose of the Community Recreation Fund is to protect the Ongoing Community Benefits currently taking place at the Club, as defined in Section 23(d) herein and in Exhibit F to this Ordinance, that cease for any reason, to be carried out by the Club. The monies in the Community Recreation Fund shall be administered by the Aspen Community Foundation, and grants from the Fund shall be distributed by a Community Advisory Committee of three (3) members, two (2) of whom shall be appointed from time to time by the Aspen City Council and one (1) of whom shall be appointed from time to time by the Club Owner. A vote of a majority of the members of the Committee shall be required for all Committee actions, including without limitation determinations as to the purpose or purposes for which the monies in the Community Recreation Fund shall be disbursed from time to time. The above - described ACLC Fractional Interest Assessment represents an entirely voluntary commitment on the part of the Club Owner, and is intended as an additional community benefit associated with the Aspen Club & Spa Subdivision/PUD /SPA that is the subject of' this Ordinance. Section 25: Reporting Requirements The Club Owner shall be subject to a number of reporting requirements, as indentified herein. All reporting requirements shall, to the extent possible, be compiled into one report that goes to the City Community Development Department. This report shall include: • The traffic and TDM reporting and audit procedures as specifically outlined in Section 18 and Exhibit A to this Ordinance. • An audit and report of programming elements, including, but not limited to those outlined in Section 23, Club Reinvestment, and attached as Exhibit F to this Ordinance. This report shall be required for the life of the recreational club use and shall be submitted on a yearly basis. • The reporting and audit procedures as specifically outlined in Section 22, Energy Commitment. Any items required to go to other City Departments by other sections of this ordinance shall be sent directly to those Departments by the Club Owner. Section 26: Site Protection Fund The Club Owner hereby commits and agrees that before a Building Permit is issued for the Aspen Club Living development approved by this Ordinance (the `Project'), the Club Owner will deposit with Pitkin County Title, Inc. ( "Escrow Agent ") the sum of $100,000 in the form of cash Ordinance No 2, Series 2010 Aspen Club PUD/SPA/fimeshare /Growth ManagemenVSubdivision Page 17 of 20 or wired funds (the "Escrow Funds ") and will execute an Escrow Agreement and Instructions with the Escrow Agent which recites and agrees as follows: In the event construction work on the Project shall cease for sixty (60) days or longer (`work stoppage') prior to a final inspection by the City of the work authorized by the Foundation/Structural Frame Permit on the Project, then the City in its discretion may draw upon the Escrow Funds from time to time as needed for purposes of protecting and securing the Project site and improvements from damage by the elements and/or from trespass by unauthorized persons, and for purposes of improving the Project site to a safe condition such that it does not become an attractive nuisance or otherwise pose a threat to neighbors or other persons. The Escrow Funds or any remaining balance thereof shall be returned to Club Owner upon ccmpletion by the City of a final inspection of the work authorized by the Foundation/Structural Frame Permit on the Project. The City shall be a named third party beneficiary of the Escrow Agreement with the express right and authority to enforce the same from time to time. Section 27: Public Improvements A Certificate of Occupancy (CO) or a Conditional Certificate of Occupancy (CCO) shall not be issued for the project until all public improvements have been completed. The public improvements shall include, but are not necessarily limited to, the trail and Ute Avenue improvements set forth at §§ 10 & 11 herein, the affordable housing described in §12 herein, compliance with the public works requirements set forth at §14 herein, the sanitation district requirements set forth at § 15 herein, the parks plans referenced in § 19 herein, the school land dedication requirement set forth at § 21 herein, the energy commitment spelled out in § 22 herein, and the club reinvestment obligation described in § 23 herein. Section 28: Detached Residential Development Right The right to build detached residential dwellings on the property (Lot 15 of the Callahan Subdivision/PUD, and as subdivided herein) is hereby terminated. Section 29: Vested Rights The development approvals granted pursuant to Planning and Zoning Commission Resolution 15, Series of 2009 and herein shall be vested for a period of five (5) years from a t i l \ I date of issuance of the Development Order. No later than fourteen (14) days following the 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 development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Ordinance No 2, Series 2010 Aspen Club PUD /SPAlfimeshare/Growth Management/Subdivision Page 18 of 20 Notice is hereby given to the general public of the approval 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 described property: 1450 Crystal Lake Road., City of Aspen, CO, by Ordinance No. 2 Series of 2010, of the Aspen City Council. Section 30: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or 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 an authorized entity. The following representations have been made by the Applicant and shall be memorialized in the Agreement: (i) Applicant shall continue to operate the Club facility as a recreation club for so long as the timeshare condominium form of ownership remains an approved use on the Property; (ii) Memberships in the Club shall continue to be made available to the general public and to Fractional Interest Owners in the Aspen Club Living Condominiums for so long as the timeshare condominium form of ownership remains an approved use of the Property. (iii) The Declaration of Condominium for Aspen Club Living Condominiums shall provide that the Fractional Interest Owners have no right or authority to terminate or otherwise restrict the operation of the Club facility. It is expressly understood that in the event the timeshare condominium approvals set forth in this Ordinance shall be vacated in future with the consent of the City, representations (i) through (iii) shall be considered vacated as well. Section 31: This ordinance shall not affect 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 32: 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. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 33: A public hearing on this ordinance shall be held on the 8 day of February, 2010, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Ordinance No 2, Series 2010 Aspen Club PUD /SPAfrimeshare/Growth Management/Subdivision Page 19 of 20 Aspen, Colorado, a minimum of fifteen 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 11 day of January, 2010. Attest: Kathryn S. � � h, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this 4 of iv /7 2010. Attest: /g ,Y Kathryn S. i/ t , City Jerk Michael C. Ireland, Mayor Approved as to form: B e y - Attachments Exhibit A: Approved TDM Plan Exhibit B: TDA Traffic Study Exhibit C: Energy Baseline Report by Resource Engineering Group Exhibit D: Conceptual Cul- de-sac Improvements Exhibit E: Approved Site Plan Exhibit F: Programming Elements Ordinance No 2, Series 2010 Aspen Club PUD /SPA/Timeshare /Growth Management/Subdivision Page 20 of 20