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Home My WebLink AboutLand Use Case.501 E Dean St.0018.2012.ASLU1 1 9/131/9 103603 ! 0018.2012.ASLU 501 E. DEAN STREET FINAL PUD AND AMENDMENT RESIDENCES AT THE LITTLE NELL - .. 1 Â¢4 1 142*0!U, M 1 1 9- \1\ .. THE CITY oF ASPEN City of Aspen Community Development Department CASE NUMBER 0018.2012.ASLU PARCEL ID NUMBERS 2737 18 2 93 603 PROJECTS ADDRESS 501 Dean St PLANNER Sara Nadolny CASE DESCRIPTION FINAL PUD AMENDMENT - LITTLE NELL REPRESENTATIVE SUNNY VANN DATE OF FINAL ACTION 4.9.12 CLOSED BY ANGELA SCOREY ON: 8.30.12 -2-3G-941 pwn.4 -2 1'-3 -603 2 737-19 0018 Â·2512. ABLLA *i?f/JJJ{JÂ«.,0 Elle Edit Record NavigaW Fgrm Report Format Iab tle# 1@3)X, )2411~ift]Â®323Â·] i]1 1 , 40@ikImpl **~iol@~ ikle.@3 d J .1 ~83302141 Rogting Status | Fees |Fee Surnmarg ~ Actions ~ Attachments |Routing t*ory ~ Yaluation |ArchÂ£Eng |Custom Fields ~Sub Eermits |Parce15 1 1 1 , r.. Permit type aslu Aspen Land lIse Permit # 0018.2012.ASLU Address 501 DEAN ST Apt/Sulte * City ASPEN State |E-1 * 81611 Permit Information Master permit Routing queue aslu07 Applied 321 t2012 Project Ratla pending Approved Description APPLICATION FOR FINAL PUD AND PUD AMENDMENT FOR THE RESIDENCES AT THE Issued LITTLE NELL SUBDIVISION. Closedfnal ; i Submitted SUNNY YUN 925 6958 clock ~ Days ~ Ex#es 3162013 -1 Submitted via + Â·~ Owner 1 Last name 302 E HOPKINS LLC First name PO BOX 364225 ASPEN CO 81811 Phone () - Address 9 Apkant 0 Owner is applicant? 0 COntactor b applicant? iM 44 Last name SIDENCES AT LITTLE NELL First name DEVELOPMENT, LLC 450 NEAPORT CENTER DR go Phone (970) 544-0499 Cust # 29241 Address NEÂ¢VPORT BEACH CA 92660 Lender , r Last name First name Phone () - Address Displays the permit lender's addiess AspenGold5 (sefver) angelas ~ 1 oil ,:i 0(60- 1 *37 I (Â© e--'--a AÂ·*Â»-t 411200 0-D 1,4 [ se,ON '10!noll xoqlooll I sdno,g qell .. MEMORANDUM TO: Chris Bendon, Community Development Director FROM: Sara Nadolny, Planner Technician RE: The Residences at Little Nell - Insubstantial PUD Amendment DATE: April 9,2012 SUMMARY: A request for PUD Amendment has been made by a representative of the Residences at Little Nell, LLC, which includes an expansion of the use of current retail commercial space to be used as either net leasable commercial or as general common element space. Considerations for the general common element space include a sitting area, an owner's lounge, or a common meeting space, APPLICANT: Residences at Little Nell, LLC, as represented by Sunny Vann, Vann Associates, LLC. LOCATION: Township 10, Section 7, Range 84, commonly known as 501 E. Dean St. ZONING: Lodge (L) with PUD overlay. BACKGROUND: The Residences at Little Nell is a mixed use timeshare lodge, and at original time of approval, contained 24 fractional ownership units, 2 free-market residential units, 8 lodge units, - 8,900 sf of net leasable commercial space, and a subgrade parking garage. The Residences at Little Nell was granted final PUD development plan approval by City Council through Ordinance No. 30, Series 2004. In October 2005 an insubstantial PUD amendment was approved by the Community Development Director which allowed the project's two free market residential units to be converted to fractional ownership units. The final plat is recorded in Book 73, Page 21 in the office of the Pitkin County Clerk and Recorder, under Reception No. 510210. REV]EW PROCEDURE: Insubstantial amendments to an approved PUD may be approved by the Community Development Director, pursuant to Land Use Code Section 26.445.100 Amendment of PUD development order. STAFF COMMENTS: Review criteria and Staff Findings have been included as Exhibit "B." RECOMMENDATION: Staff recommends the Community Development Director approve this Insubstantial SPA Amendment to allow the Residences at Little Nell to expand the possible uses of the existing Commercial Unit, C-2, as either continued net leasable commercial space or as a general common element for the residences. This space is currently being used commercially; however, with limited success due to its location and perceived inaccessibility to the public. Per the underlying Lodge zoning district, accessory uses are permitted on this parcel, which is defined as a use that is subordinate to the principal use of the structure. A general common area (in the form of a meeting space, a shared sitting room, or owner' s lounge) is a secondary use to the primary lodging use, and Page 1 of 2 .. therefore would be a permissible accessory use. Furthermore, a conference facility is also a permitted use within this zone district, should the general common area space be used as a meeting space for the building. The May 2005 Subdivision/PUD agreement states that the retail/commercial space is limited to a maximum of 4,520 sf of net leasable area and is prohibited from being converted to office use. The proposal does not include any addition or redevelopment of unit C-2, therefore, no further net leasable is being generated by this proposal. APPROVAL: I hereby approve this Insubstantial Amendment for the Residences at Little Nell, LLC, to expand the use of the existing Commercial Unit, C-2, to be used for either commercial purposes or as a general common element. CiA vi--,lfl_L .13 144 ~~~hris Bendc~) Community Developmdnt Dir'ect\r u-0/ Date f â‚¬ l \L ATTACHMENTS: Exhibit A. Subject Space, Unit C-2 Exhibit B. Review Criteria and Staff Findings Exhibit C. Application Page 2 0 f 2 .. DEVELOPMENT ORDER City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site-specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three (3) -year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless the change is accomplished or a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site-specific development plan as described below. PropertÂ¥ Owner's Name, Mailing Address and telephone number: Brook A. Peterson, Authorized Representative for The Residences at Little Nell Development, LLC, 302 East Hopkins Avenue, Aspen, CO 81611. Legal Description and Street Address of Subject Property: Section 18, Range 84, 501 E. Dean Street, Aspen, CO 81611 Written Description of the Site Specific Plan and/or Attachment Describine Plan: An Insubstantial PUD Amendment allowing the expansion of possible uses of the existing commercial Unit, C-2, as either continued net leasable commercial space, or as a general common element for the residences. Land Use Approval Received and Dates: Administrative approval granted April 9,2012. Effective Date of Development Order: April 12,2012. (Same as date of publication of notice of approval.) Expiration Date of Development Order: April 12, 2015. (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 ofthe City of Aspen Municipal Code.) Issued this 9th of April 2012, by the City of Aspen Community Development Director. fÂ«UC A C jev'â‚¬Wis Bendon( ) Uxj Community Ddelopment Director City of Aspen ./ - .;@B*rnr/ '7 2- W. - <F <~s h z -2â€ž -= cxnibil -Â¥1 >->wyum'm'.9-*Â·:.0-:.Ru~4,0~y_-I â€¢ Â¥- - A- f li ,0 i Â· ... i J EN , d@? . I'>7 -:S 3% 1.1 :In.-Ne..2 11,1 -r- Â·:*'. Â· Â· ' -22:. 4 1 1 + Mh-@LA-, . -:2 31 V'-0 '. 'fÂ· -14' i === 2 2 7-7 '3--I....2 -0.35 Â·F . Â· . -â€¢-- Â·11.-, 1.77' ~. 25 . ~ - '.0 , zeÂ» S= *alt. C.I- I $ a.Â£ . Â· 6 Â· a ., 9. -1-V-, e I.J . :/--06.. 7, . *'23,.~~ ~ ~ ~ ~~ :Z. 223 - -LEI.-' -. r 7--Â·-Â· 12&-~.:'t-" -I ..:0 - 1 9 :1*4=10 -Â» , >0 * .3 . b 1 -j r *r~ #*t#)F*FOL 12 ' Unit Â· 1 1 # y .-K- - ./ I I.-I . 4/ r C-2 - -1@g= ~ -C 0,2 :/ -5 *Q./+ s --- , -7 - -4 ' = *!$-]â€¢â€¢'*W.~212---_._~4 4- 4- 1 - L 1 f. 0 .ap . r. Â· th.-0 ./. - ..... 4 4. % - 4. -1 1 - . 1 -44 , ~4 5 i:.2-2*- +. -i=hz:F -Â£ g71-7 -f=12__-r *Sk:nt= %. - . 97? :t ; s:-4 1 1 U. -= % f j If % 1 , 14 ~'..2 1 - d r ~ LU,; . 4622 Ll#1111Â¥ 1 . .4Â»....,b "e n 099 \j .. Exhibit B Review Criteria & Staff Findings Insubstantial SPA Amendment. The Community Development Director may approve an amendment to an approved SPA if the proposal meets the review standards according to 26.440.090. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. Staff Finding: Staff does not believe that the proposal will change the character of the Residences at Little Nell. 2. An increase by greater than three (3) percent in the overall coverage of structures on the land. Staff Finding: The proposed PUD Amendment will have no impact on the percent of overall coverage of structures on the land. It will allow for an expansion in the possible use of the Commercial Unit (C-2) space only, and will not increase the square footage of the structure. 3. Any amendment that substantially increases trip generation rates Of the proposed development, or the demand for public facilities. Staff Finding: Staff has no reason to believe that the proposed PUD amendment will substantially increase trip generation rates or place increased demand on public facilities. 4. A reduction by greater than three (3) percent of the approved open space. Staff Finding: The proposal will have no impact on the percentage of existing open space. 5. A reduction by greater than one (1) percent of the Off-street parking and loading space. Staff Finding: This proposal does not reduce off-street parking or loading space. Staff finds the proposal does not trigger this criterion. .. 6. A reduction in required pavement widths or rights-of-wayfor streets and easements. Staff Finding: The proposal does not reduce required pavement widths of rights-of-way for streets or easements. Staff finds the proposal does not trigger this criterion. 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. Staff Finding: This proposal does not increase the gross leasable floor area allocated for commercial use within the Residences at Little Nell. 8. An increase by greater than one (1) percent in the approved residential density of the development. Staff Finding: The proposal does not propose any increases in residential density from that which has been already approved by Council's adoption of Ordinance No. 30 (2004), and the December 2005 approved insubstantial amendment, which permitted the conversion of the project' s two free market residential units to fractional ownership units. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a further variation from the project's approved use or dimensional requirements. Staff Finding: Staff believes the proposal is consistent with the project's original approval. The proposed PUD amendment will increase flexibility by which the commercial unit (C-2) is used by the Residences at Little Nell, without deviating significantly from the project's original approval. Furthermore, as stated in the Subdivision/PUD Agreement for the Residences at Little Nell Subdivision/PUD and summarized here, all or some portion of the retail space may be reconfigured by obtaining required approvals by the City' s land use regulations. Such approval is recommended for this project. 08 E*64 C \~-Â· /4 VANN ASSOCIATES, LLC Planning Consultants REctÂ· 9.. IVED March 19, 2012 MAR 2 1 2012 CITY OF AS HAND DELIVERED PEN COMMUNITY DEVELOPMENT Mr. Chris Bendon, Director Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: The Residences at Little Nell Subdivision/PUD Insubstantial PUD Amendment Dear Chris: Please consider this letter an application for an insubstantial PUD amendment for The Residences at Little Nell Subdivision/PUD (see Exhibit 1, Pre-Application Conference Summary, attached hereto). The application is submitted pursuant to Section 26.445.100.A. of the Aspen Land Use Regulations (the "Regulations") by The Residences at Little Nell Development, LLC (hereinafter "Applicant"), the owner of the property (see Exhibit 2, Title Commitment). Permission for Vann Associates, LLC, Planning Consultants, to represent the Applicant is attached as Exhibit 3. A land use application form and an application fee agreement are attached as Exhibits 4 and 5, respectively. Background In October of 2004, the City Council adopted Ordinance No. 30, Series of 2004, which granted final PUD development plan approval for the development of The Residences at Little Nell. The Residences at Little Nell is a mixed use, timeshare lodge which, as originally approved, consisted of 24 fractional ownership units; 2 free market residential units; 8 lodge units; 8 affordable housing units; 8,900 square feet of net leasable commercial area; and a subgrade parking garage. Ordinance No. 30 also (i) granted subdivision approval to subdivide a portion of the adjacent Aspen Skiing Company property, eliminate the existing internal lot lines within the project site, and replat the remainder of the adjacent Tipple Woods Subdivision; (ii) rezoned a portion of the project site to CL, Commercial Lodge, PUD; (iii) granted approval to condominiumize the project and to sell its fractional RO. Box 4827 ' Basalt, Colorado 81621 ' 970/925-6958 ' Fax 970/920-9310 vannassociates@comcast.net .. 0 . Mr. Chris Bendon March 19, 2012 Page 2 ownership units pursuant to a timeshare use plan; (iv) exempted from growth manage- ment the conversion of existing residential reconstruction credits to lodge units, the reconstruction of demolished commercial square footage, and the project's on-site affordable housing units; and (v) approved an amendment to the Little Nell Specially Planned Area plan. The final plat for the project is recorded in Plat Book 73 at Page 21 in the office of the Pitkin County Clerk and Recorder. The project's final PUD development plan and various associated plans and elevations are recorded as Reception No. 510209. The project' s subdivision/PUD agreement (the "Agreement") is recorded as Reception No. 510210, a copy of which is attached hereto as Exhibit 6. Please note that the Agreement incorporates all relevant provisions of Ordinance No. 30, and that the Agreement specifically governs in the event of any inconsistencies between the two. In December of 2005, the Community Development Director approved an insubstan- tial PUD amendment to permit the project' s two free market residential units to be converted to fractional ownership units as provided for in Ordinance No. 30 and Article III, paragraph 3.1(b) of the Agreement (see Exhibit 7). In January of 2008, the Applicant submitted updated documents governing the project's condominiumj fractional ownership components (e.g., Declaration of Condominium, Fractional Ownership Reservation Policies and Procedures, etc.) to the Community Development Department as required pursuant to Section 26.590.090(B)(3)(a) of the Regulations. A second insubstantial PUD amendment was approved by the Community Develop- ment Director in September of 2008 to accommodate various revisions to the project's architecture which resulted from more detailed design development and/or specific building code requirements (see Exhibit 8). An amendment to the project' s prior Environmentally Sensitive Area (i.e., 8040 Greenline) approval was also granted in connection with the insubstantial PUD amendment approval. No further revisions to the project have been requested or approved to date. A Master Sign Plan for the project, however, was approved in May of 2009 pursuant to a third insubstantial PUD amendment (see Exhibit 9). Proposed Amendment As we have discussed, the Applicant proposes to amend Section 3.1(e) of the project's subdivision/PUD agreement to provide that Commercial Unit C-2 may be used either for commercial purposes or as a "General Common Element" of Residences at The Little Nell Condominium. There was little if any discussion regarding the space in question in the original land use application other than its inclusion within the requested commercial GMQS allotment. It is also not specifically addressed in the .. 1 . Mr. Chris Bendon March 19,2012 Page 3 Agreement but simply included in the total area identified as "Retail Commercial Space". The additional language will permit Unit C-2 to be used for either purpose in the future. As the attached excerpt from the project' s condominium map illustrates, Unit C-2 contains 489 square feet and is accessible only from the building's lobby via a corridor (see Exhibit 10). It is not visible to the public and does not front on Deane Avenue. As to the uses to which the Association would put the space there are numerous possibilities being discussed, including an expanded family area, an owner's lounge, or possibly more meeting space. As a General Common Element, any of these uses could be accommodated. The practicality of using Unit C-2 for retail purposes is highly questionable given its location, accessibility and lack of street frontage. Upon approval of the requested insubstantial amendment, the City and the Applicant will execute and record an amendment to the existing subdivision/PUD agreement memorializing the change. The existing condominium declaration and map may be amended in the event the space is converted to general common element use. Review Requirements Pursuant to Section 26.445.100.A. of the Regulations, the Community Development Director may approve an insubstantial amendment to a final PUD development plan subject to certain requirements. The specific requirements, and the proposed amend- ment's compliance therewith, are summarized below. 1. The proposed amendment does not change the use or character of the development. The proposed amendment does not change the use or character of the develop- ment. 2. The proposed amendment does not increase overall coverage of structures on the land by greater than three (3) percent. The proposed amendment does not increase overall coverage of structures on the land. 3. The proposed amendment does not substantially increase trip generation rates or the demand for public facilities. 4 0 0 Mr. Chris Bendon March 19, 2012 Page 4 The proposed amendment does not increase trip generation rates or the demand for public facilities. 4. The proposed amendment does not reduce the approved open space by greater than three (3) percent. The proposed amendment will not reduce the project's approved open space. 5. The proposed amendment does not reduce the approved off-street parking and loading space by greater than one (1) percent. No changes are proposed to the building's off-street parking or loading space. 6. The proposed amendment does not reduce the required pavement widths or rights-of-way for streets and easements. No reductions in pavement widths or street rights-of-way are proposed. 7. The proposed amendment does not increase the approved gross leasable floor area of commercial buildings by greater than two (2) percent. The proposed amendment does not increase the project's approved net leasable area. 8. The proposed amendment does not increase the approved residential density of the development by greater than one (1) percent. No increase in residential density is proposed. As discussed previously, an insubstantial PUD amendment was previously granted to convert the project's two free market residential units to fractional ownership units. 9. The proposed amendment does not involve changes which are inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. To the best of our knowledge, the proposed amendment does not involve changes which are inconsistent with the prior approval. The requested amendment is insubstantial in nature and will permit greater flexibility with respect to the use of Unit C-2 by the Residences at The Little Nell Condominium. .. Mr. Chris Bendon March 19, 2012 Page 5 Should you have any questions, or require additional information, please do not hesitate to call. Yours truly, VANN ASSOCIATES,ELC - - 2- *n#Vann Svicwv CC: Brooke A. Peterson Arthur C. Daily, Esq. d:\oldc\bus\city.app\app58512.ins â€¢ CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Chris Bendon, 429-2765 DATE: 3.9.12 PROJECT: Residences at Little Nell PUD Amendment, Insubstantial APPLICANT: The Residence at Little Nell Development, LLC. REPRESENTATIVE: Sunny Vann DESCRIPTION: The Applicant is pursuing an amendment to permit Commercial Unit C2 to be used * as a general common element by the owners in addition to commercial uses. The PUD did not prescribe or limit the types of uses that could occur in this space. Below is a link to the Land Use Code for your convenience. http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use- Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.310 Amendments to the Land Use Code and Official Zone District Map 26.445.100 Planned Unit Development - Insubstantial Amendment Review by: Staff for complete application Public Hearing: No Copies of Application: 1 Copy RECEIVED MAR 2 1 2012 To apply, submit the following information: 1. Total deposit for review of the application. CITY OF ASPEN 2. Proof of ownership. COMMUNITY DEVELOPMENT 3. Completed Land Use Application Form. 4. A signed fee agreement. 5. A Pre-Application Conference Summary. / 6. A letter signed by the applicant, with the 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. 7. Street address and legal description of the parcel on which development is proposed to occur, consisting of a cu Frent 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. 8. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 9. Existing and proposed site plan. 10. A written and graphic description of the proposal and an explanation in written, graphic, or model fonn of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. Please provide a written response to all applicable criteria. .. Summarv of Review Fees Planning Review - Administrative Flat Fees Flat Fee Flat fee Note type of review. (e.g condo Number Type Amt plat) total Flat Fee 0 1 $79 $0 Flat Fee 0 2 $158 $0 Flat Fee 0 3 $315 $0 Flat Fee 0 4 $630 $0 Planning Review - Hourlv Deposit Deposit Note type of review. (e.g. 2-step, Hours Rate subdivision) total 4 $315 PUD Amend, insubstantial $1,260 Referral Agency Fees - Housing. Parks. Env. Health PUD/SP admin. 1-Step 2-Step A total Housing $0 Parks $0 Env. Health $0 Referral Agencv Fees - Citv Engineering total Engineering service billed at $265/hour, min. 1 hour. $265 Total Fees Due for Submission: $1,260 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. This pre-app is not determinant on the ownership of the southern portion of the parcel. .. THE CITY OF AspEN Land Use Application Determination of Completeness Date: March 26.2012 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0018.2012.ASLU -501 E. Dean Street, PUD Insubstantial Amendment. The planner assigned to this case is Sara Nadolny. J Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. ~~d~Your Land Use Application is complete: ~ If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, ructÂ»A ' j~Ennifer Phe(ept Deputy Director City o f Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required SPA PUD COWOP Yes - No--27Â§Â«- Subdivision (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes - No__~.. Commercial E.P.F. e . EXHIBIT COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: February 1, 2012 at 8:00 AM Case No- PCT23385W 2. Policy or Policies to be issued: (a) ALTA Ownefs Policy-(6/17/06) Amount$ 365,000.00 Premium$ 525.00 Proposed Insured: Rate: Re-Issue RESIDENCES AT THE LITTLE NELL HOMEOWNERS ASSOCIATION, INC. (b) ALTA Loan Policy-(6/17/06) Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: (c) ALTA Loan Policy-(6/17/06) AmountS 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: THE RESIDENCES AT LITTLE NELL DEVELOPMENT, LLC, A DELAWARE LIMITED 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: IÂ»,4229 '..EXHIBIT EJ March 15, 2012 Mr. Chris Bendon, Director Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Mr. Bendon: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our application for an insubstantial PUD amendment for The Residences at Little Nell. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Yours truly, THE RESIDENCES AT LITTLE NELL DEVELOPMENT, LLC ZÂ»fle ' 4 Vro#e h. Peterkon \ y v Aut~lori*1 Representative 302'East Hopkins Avenue Aspen, CO 81611 (970) 544-0499 d : \ol dc\b us \c ity .1 [ r\ 1 tr5 8 5 12 . cb 1 REr y .D . EXHIBIT A , M N'Â·L. 2 1 2012 Cln- n .:,PEN LAND USE APPLICATION COMMUNITY JEVELOPMENT APPLICANT: Name: -me MEf=>tr-e-IceL= Â«1- Gl trea WeLÂ£- rzejac~1 A-104 -r 4Â£51_ Location: ,(AIr 4 leÂ¢f=JF)6:LIC#~L Atif u.r(UEr +-Mao- 19241,3/\/#titid (Indicate street address, lot & block number, legal description where appropriate) Parcel ID 4 (REQUIRED) 4-Â®77- dir 2 ; 21737- /82- 74 -026 REPRESENTATIVE: Name: 60.4,-W \+9414. 941'-1 *fec+Krâ‚¬A ~UL Address: flo. 9300 486-i, 7%44-7- cs 2/Ct/ Phone #: 92â‚¬- 49â‚¬8' ' PROJECT: Name: 7We /te'W.r>at./6,9 4-7- â‚¬477-6-G ARL Address: Phone #: 44*-0+99 TYPE OF APPLICATION: (please check all that apply): U Conditional Use U ~Conceptual PUD U Conceptual Historic Devt. U Special Review [EF Final PUD (& PUD Amendment) U Final Historic Development Â£ Design Review Appeal U Conceptual SPA U Minor Historic Devt. U GMQS Allotment U Final SPA (& SPA Amendment) D Historic Demolition U GMQS Exemption g) Subdivision 0 Historic Designation (1 ESA-8040 Greenline, Stream U Subdivision Exemption (includes U Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane Lot Split 01 Temporary Use U Other: Lot Line Adjustment U Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, ete.) 4438 ArpotÂ«-rted PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) 60â‚¬8 4,1-LtÂ«ne*-1 Have you attached the following? FEES DUE: $ 5:fg=Â¢0 ~Pre-Application Conference Summary G@~ittachment #1, Signed Fee Agreement .,grAâ‚¬sponse to Attachment #3, Dimensional Requirements Form El' Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards m El .. EXHIBIT "A" LEGAL DESCRIPTION COMMERCIAL UNIT C-2, RESIDENCES AT THE LITTLE NELLT according to the Condominium Exemption Map thereof recorded November 26,2008 in Plat Book 89 at Page 32 as Reception No. 554606 and as defined and described in the Declaration of Condominium for Residences at The Little Nell recorded November 26,2008 as Reception No. 554607 and Definitive First Amendment to Declaration of Condominium for Residences at The Little Nell recorded March 29, 2010 as Reception No. 568015 and re-recorded March 29, 2010 as Reception No. 568018 all in the Office of the Clerk and Recorder of Pitkin County, Colorado. RECEIVED . EXHIBrr ~ MAR 2 1 2012 ED CITY OF ASPEN COMMUNITY DEVELOPMENT CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of Citv of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and 2*~t,'90to'=e0,2:;es 'Â¢7-Â¢5'10;'Z<S:r '40@~AC- ,-)&/eLGr,ge,-1-r Le.c (hereinafter APPLICANT) AGREE AS FOLLOWS: APPLICANT has submitted to CITY an 1 /6/60/59Â«77* r=t.20 **T,*#A-rr (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment ofan 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 inforrnation to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of applicatign completeness, APPLICANT shall pay an initial deposit in the amount of $4060 -which is for 0- hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $220.00 per planner hour over lhe 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. 12/4 9.63~14#qlt*f Ar .l,Trc. 8- CITY OF ASPEN . 906\ 005-06 LbÂ·0 -4. r AppÂ» A k- Jl-MEA-E- ByÂ·. Â£64 Chris Bendon / ' /941#08' ~'bâ€¢k\Ja,â€¢/09.r",7 Community Development Director 06: l l23// el /1 ./ 1 Billing Address and Telephone Number: Required 3 D L â‚¬ . Hof -1 kL-5~ g:\support\forms\agrpayas.doc 0(4-8 - 494-010\10( 11/30/04 . . EXHIBIT 11- 11-lillill' 1111111111111111111111 510210 171 Page: 1 of 33 05/17/2005 04:01 S.L'via D E.S FITKIN COL.Â·TY CO R 166.00 D 0.00 SUBDIVISION/PUD AGREEMENT FOR THE RESIDENCES AT LITTLE NELL SUBDIVISION/PUD THIS SUBDIVISION/PUD AGREEMENT is made and entered into this '7 It day of May, 2005, by and between THE CITY OF ASPEN, COLORADO, a municipal corporation (hereinafter referred to as "City"), and THE RESIDENCES AT LITTLE NELL DEVELOPMENT, LLC, a Delaware limited liability company (hereinafter referred to as "RLND"), WITNESSETH: WHEREAS, RLND has submitted to the City an Application for Final PUD Development Plan Approval (the "Application") for certain contiguous parcels of land situated within the City of Aspen, Colorado to be consolidated, platted and known as Lot 1, The Residences at Little Nell Subdivision/PUD (the "Property"), which Application requests the approval, execution and recordation of a Final Plat of the Property (the "Final Plat"); and the approval and recordation of a Final PUD Development Plan and related documents (collectively, the "Final PUD Development Plan"); and WHEREAS, City has fully considered the Application, the Final Plat, the Final PUD Development Plan, the proposed development and improvement of the Property, and the effects of the proposed development and improvement of said Property on adjoining or neighboring properties and property owners; and WHEREAS, City has imposed certain conditions and requirements in connection with its approval, execution and recordation of the Final Plat and its approval and recordation of the Final PUD Development Plan, such matters being necessary to protect, promote and enhance the public safety, health and welfare; and WHEREAS, RLND is willing to acknowledge, accept, abide by and faithfully perform the conditions and requirements imposed by City in approving the Application, the Final Plat, and the Final PUD Development Plan; and - WHEREAS, under the authority of Sections 26.445.070 (C and D) and 26.480.070 (C and D) of the Aspen Municipal Code, City is entitled to certain financial guarantees to ensure (i) that the required public facilities are installed and (ii) that the ~ required landscaping is implemented and maintained, and RLND is prepared to provide such guarantees as hereinafter set forth; and 1 .. 510210 Im\\Imummimmil\\Imnmnuiuitilli 05/17/2005 04:01 Page: 2 of 33 SILVIA DAVIS PITKIN COUNTY CO R 166.00 D 0.00 WHEREAS, contemporaneously with the execution and recording of this Subdivision/PUD Agreement, City and RLND have executed and recorded the Final Plat in Plat Book 73 at Page 1 /, and City and RLND have recorded the Final PUD Development Plan as Reception No.PI; 03/, both in the Office of the Clerk and Recorder of Pitkin County, Colorado. NOW, THEREFORE, for and in consideration o f the mutual covenants and agreements herein contained, the approval, execution and acceptance of the Final Plat and the approval and acceptance of the Final PUD Development Plan for recordation by City, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE I PURPOSE AND EFFECT OF SUBDIVISION/PUD AGREEMENT 1.1 Purpose. The purpose of this Subdivision/PUD Agreement is to set forth the complete and comprehensive understanding and agreement of the parties with respect to the development of The Residences at Little Nell Subdivision/PUD and to enumerate all terms and conditions under which such development may occur. 1.2 Effect. It.is the intent of the parties that this Subdivision/PUD Agreement shall effectively supercede and replace in their entirety all previously recorded and unrecorded subdivision, condominium, and other land use approvals and related plats, maps, declarations and other documents and agreements encumbering the Property, including without limitation those matters identified in Article VI below (collectively, the "Prior Approvals and Instruments"), and City and RLND agree to cooperate in the execution and recording of such documents as may be necessary or appropriate to accomplish the vacation and/or termination of said Prior Approvals and Instruments. The parties anticipate that these recordings will take place contemporarneously with the recording of the Final Plat. However, a delay in the recording of any such vacation/termination documents shall not affect or delay the recording of this Subdivision/PUD Agreement, the Final Plat, or the Final PUD Development Plan. ARTICLE II ZONING AND REGULATORY APPROVALS 2.1 Approval Ordinance and Resolution. Pursuant to Ordinance No. 30 (Series of 2004) adopted on October 12,2004, the Aspen City Council granted final PUD development plan approval for the development of a mixed use timeshare lodge containing 24 fractional ownership units, 2 free market residential units, 8 lodge rooms (hotel units), 8 affordable housing units, approximately 8,900 square feet of net leasable commercial space, and a subgrade parking garage (collectively, the "Proj ect"). Ordinance No. 30 also (i) granted subdivision approval to subdivide a portion of the adjacent Aspen Skiing Company property, eliminate the existing internal boundaries within the Project site, and replat the remainder of the adjacent Tipple Woods Subdivision; (ii) rezoned a portion o f the Proj ect site to CL, Commercial Lodge, Planned Unit Development; (iii) granted approval to condominiumize the Project and to 2 .. ' 1111111111 li l li ---lilli ll Ill 11111~11111 05/17/2005 04:01 510210 Page: 3 of 33 SILV.A DAL.-S PITKIN COL,Â· fY CO R 166.00 D 0.00 sell the fractional ownership units pursuant to a timeshare use plan (the "Fractional Ownership Plan"); (iv) exempted from growth management the conversion of existing residential reconstruction credits to lodge units, the reconstruction of demolished commercial square footage, and,the Project's on-site affordable housing units; and (v) approved an amendment to the Little Nell Specially Planned Area plan. Pursuant to Resolution No. 28 (Series o f 2004) adopted on August 17, 2004, the Aspen Planning and Zoning Commission granted 8040 greenline approval for the Proj ect and also granted special review approval for the affordable housing units' on- site parking. This Subdivision/PUD Agreement incorporates all of the pertinent provisions of Ordinance No. 30 and Resolution No. 28. In the event of any inconsistency between the provisions of Ordinance No. 30 and/or of Resolution No. 28, and the provisions of this Subdivision/PUD Agreement, the provisions of this Subdivision/PUD Agreement shall control. 2.2 Dimensional Requirements. Ordinance No. 30 established and approved the following dimensional requirements for the Project: (a) Minimum Lot Size (Sq. Ft.) 66,737 (b) Minimum Lot Width (Feet)* 206 (c) Minimum Front Yard Setback (Feet)** 0 (d) Minimum East Side Yard Setback (Feet) 0 (e) Minimum West Side Yard Setback (Feet) 0 (f) Minimum Rear Yard Setback (Feet) 4 (g) Maximum Height (Feet) *** (h) Minimum Required Open Space (Percent) 0 (i) Maximum External Floor Area (Sq. Ft.) 108,000 (j) Minimum Off-Street Parking Spaces **** * Measured along the Dean Avenue right-of-way ** Measured from Dean Street *** As represented in the recorded Final PUD Development Plan **** 2 short-term spaces within the porte-cochere and 70 spaces within the underground parking garage 2.3 Vested Rights. Under Development Order of the City of Aspen Community Development Department issued December 23,2004 with an effective date o f January 8, 2005 (the "Development Order"), the right to undertake and complete the development and use of the Property pursuant to the terms and conditions of the site specific development plan for the Property is vested until January 8,2008, and shall not Â· be altered, impaired, diminished or delayed by any.subsequent zoning or land use action that is prohibited by Section 24-68-105(1) of the Colorado Revised Statutes. In accordance with the requirements of CRS Section 24-68-103 (b), a properly noticed public hearing concerning the establishment of such vested rights for the Property was 3 .. ' lillill ilill illill ilill lill lilli lillill ill ilill lill lill 05/17/2005 04:01 510210 Page: 4 of 33 SILVIA DAVIS PITKIN COUNTY CO R 166.00 D 0.00 conducted on October 12,2004. As authorized by CRS Section 24-68-102(4)(a), City and RLND agree that the site specific plan for the Property consists of and includes, but is not limited to, the number, permitted size, and configuration of the fractional ownership units, the free market residential units, the hotel units, the affordable housing units, the commercial spaces, the parking spaces, and the other spaces and areas in the Proj ect, the Fractional Ownership Plan, and all other matters set forth in Ordinance No. 30 (Series of 2004), Resolution No. 28, the Final Plat recorded in Plat Book 73 at Page '1 1 , and the Final PUD Development Plan for The Residences at Little Nell Subdivision/PUD recorded as Reception No. 9, 08 of, both in the O ffice o f the Clerk and Recorder o f Pitkin County, Colorado, this Subdivision/PUD Agreement, and all other documents and plans recorded concurrently therewith. For purposes of this Section 2.3, this Subdivision/PUD Agreement shall be considered a "development agreement" as that term is used in CRS Section 24-68-104(2). ARTICLE III DEVELOPMENT REQUIREMENTS AND RESTRICTIONS 3.1 The Components of the Proiect. The timeshare lodge Project approved pursuant to Ordinance No. 30 and Resolution No. 28 will consist o f two attached multi- story structures which will contain a maximum external floor area o f 108,000 square feet, calculated in accordance with the City's floor area regulations in effect on October 25,2002, which floor area regulations are attached hereto as Exhibit A and made a part hereof by this reference. The Project will contain the following principal components: (a) Fractional Ownership Units. The Project will contain 24 Fractional Ownership Units which will be condominiumized and sold pursuant to the Fractional Ownership Plan defined and described in the Declaration of Condominium for The Residences at Little Nell (the "Declaration") to be recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado contemporaneously with the recording of the Condominium Map of the Project. The Fractional Ownership Units will consist of 19 three-bedroom units and 5 four-bedroom units, and will be configured so as to contain 40 separately occupiable lock-offs or keys. As provided in the Declaration, the Fractional Ownership Units will be available for walk-in, short-term rental to the public when the Units are not being occupied by an Owner, an Owner's guest, or persons occupying the Unit under an exchange program. (b) Free Market Residential Units. The Project will contain 2 Free Market Residential Units which will be condominiumized and sold, and which may be occupied on a short or long-term basis. It is not anticipated that these Units will be subject to the Fractional Ownership Plan, but under the Declaration RLND has reserved the right to convert either or both free market residential units to a Fractional Ownership Unit that is subject to the Fractional Ownership Plan. Under Section 9 of Ordinance No. 30, these units may be converted and included as part of the Fractional Ownership Plan pursuant to an Insubstantial PUD Amendment approved by the City. 4 .. 'll- illit' 11[l 'll-lilli[-1 111111111111111 1111 lili 05/17/2005 04:01 510210 Page: 5 of 33 S LV-A DAVi S PI"KIN COL.4-Y CO R 166.00 0 0.00 (c) Hotel Units. The Project will contain 8 traditional lodge rooms (Hotel Units) which will not be subject to the Fractional Ownership Plan. These units will at all times be available for nightly rental to the public. (d) Affordable Housing Units. The Project will contain 8 Affordable Housing Units. The Units will be configured as swdios, and each Unit will contain a minimum of 400 square feet of net livable area. The Units will be deed restricted to the Aspen/Pitkin County Housing Authority ("APCHA") Category 2 income and occupancy guidelines for rental units in effect at the time of recording of the Condominium Map for the Project. The deed restriction will reserve to RLND and its successors and assigns the first right from time to time to select and place qualified tenants in the Units. No Certificate of Occupancy shall be issued for the Proj ect until the deed restriction for the Affordable Housing Units has been executed and recorded. - - Unless a different arrangement is worked out with the City, and only to the extent necessary to comply with applicable Colorado law, at the time of recording of the deed restriction RLND will convey a one-tenth of one percent interest in the Affordable Housing Units to APCHA. Said one-tenth of one percent interest is hereinafter referred to as the "APCHA Interest". The conveyance of the APCHA Interest shall be expressly subject to the understanding and agreement that (i) ownership of the APCHA Interest only gives the APCHA the right to enforce the deed restriction on the Affordable Housing Units, and does not give the APCHA any authority or rights that are not specifically set forth in the deed restriction, (ii) in all other respects, the APCHA shall be deemed to have no ownership rights or responsibilities in connection with the Affordable Housing Units, and the record owner of the remaining interest in the Units shall have full right and authority to lease, encumber, or otherwise deal with the Units as if such owner held a 100 percent interest therein, (iii) APCHA shall have no liability to third persons arising solely out of its ownership of the APCHA Interest, and RLND (and any successor or assign of RLND in the ownership of the Units) shall indemnify APCHA from and against any losses or liabilities arising solely out of the ownership of the APCHA Interest, and (iv) the APCHA Interest will be conveyed to the then record owner of the remaining interest in the Units if and when the Colorado legislature or a court of competent jurisdiction legalizes the imposition of rent restrictions on affordable housing units. Ce) Commercial/AccessorÂ¥ Uses. The Project will contain a restaurant, bar, outdoor dining terrace, guest living room, fitness room, recreation room, business center, front desk/concierge area, rooftop swimming pool, and retail commercial space. The retail space, which is located at ground level and fronts on Dean Avenue, will be limited to a maximum of 4,520 square feet of net leasable area and is prohibited from being converted to office use. In the event the retail space owner deems it appropriate, the retail space or some of it may be reconfigured, subject to obtaining any approvals that may be required by the City's land use regulations. The Project's restaurant, bar and outdoor dining terrace shall be open for the sale of food and beverages to the general public, and the outdoor dining terrace shall be open and available for use in conjunction therewith, weather permitting, all days of the 5 .. ' 1 #11111.1 -11111 1111111 1 3111 n'1111111 111111111 lili 05/17/2005 04:01 510210 Page: 6 of 33 SILVIA DAVIS PITKIN -OL. TY CO R 166.00 0 0.00 year that the Aspen Mountain Ski Area is open for public skiing, for a minimum of three (3) hours after the gondola lift at Little Nell closes each day. In addition, the bar and outdoor dining terrace shall be open to the general public each day during the "summer season", which shall be deemed to run from June 15 through October 15 of each year, during all daytime hours that the gondola is open to the general public. During hours of operation, the restaurant shall be open to the general public. No memberships shall be required, although occasional private events may be held. (f) Parking. Under Section 2 of Ordinance No. 30 (Series of 2004), the City Council approved the following minimum off-street parking spaces for the Project: Seventy (70) parking spaces located on two levels in a subgrade parking garage. Eight of the parking spaces will be allocated and signed for the use of the Project's eight Affordable Housing Units, and six of the parking spaces will be allocated and signed for the use of the owners of Lots 1,2 and 3, First Amended Plat of - -- -- --- the Tipple Woods Subdivision. 3.2 Affordable Housing Mitigation. (a) Requirements. (i) RLND has agreed to provide affordable housing mitigation for 60 percent of the employees generated by the operation of the Project. The number of employees generated by the Project has been determined to be 75, hence affordable housing mitigation must be provided for 45 employees. (ii) RLND is also required to provide 12 affordable housing bedrooms containing a minimum o f 4,469 square feet of net livable area pursuant to the City's Resident Multi-Family Replacement Program, which 12 bedrooms are considered to house 15 employees. The total number of employees for which RLND must provide affordable housing mitigation, then, is 60. The Development Order constitutes a "Certificate of Compliance" in accordance with Chapter 26.530 of the Aspen Land Use Regulations entitled "Multi-Family Housing Replacement Program". (iii) A minimum of 59 percent of the required affordable housing mitigation is to be provided within the City limits, and the remaining 41 percent may be provided outside the City but within the Aspen Community Growth Boundary. (iv) A minimum o f 50 percent of the required affordable housing - mitigation must be deed restricted to APCHA's Category 2 income and occupancy guidelines, and the remainder may be deed restricted to Category 3. (b) Mitigation. (i) As set forth in Section 3.1 (c) above, eight Category 2 studio Affordable Housing Units will be provided within the Project, which units will be credited with housing 10 employees. 6 .. 510210 Immimiiwimimmilmlmâ€¢ 05/17/2005 04:01 Page: 7 of 33 SILVIA DAVIS PITKIN COUNTY CO R 166.00 D 0.00 (ii) RLND has entered into an Affordable Housing Buy Down Agreement with Obermeyer Place Holding Company LLC ("Obermeyer"), whereby RLND has agreed to buy down 15 0 f the one-bedroom Resident Occupied ("RO") Units to be constructed by Obermeyer as a part of the Obermeyer Place Project (the "Obermeyer Buy Down Units"). Seven of these units, housing a total of 12.25 employees, will be bought down to Category 2 restrictions, and eight of these units, housing a total of 14 employees, will be bought down to Category 3 restrictions for a total Buy Down Price of $3,370,400. City agrees that upon (aa) payment in full of said Buy Down Price by RLND to Obermeyer, which shall be evidenced by Obermeyer' s written certification of such payment, (bb) the recording of the deed restrictions on the Obermeyer Buy Down Units to the Categories described above, and (cc) the issuance of a Certificate of Occupancy for the Obermeyer Buy Down Units, RLND and its successors and assigns shall be credited with housing a total of 26.25 employees. (iii) The 10 employees to be housed on-site, together with the 26.25 employees to be housed at Obermeyer Place, totals 36.25 employees, which represents 60 percent of RLND's required affordable housing mitigation. (iv) The remainder of RLND's affordable housing mitigation requirement, or 24 employees, will be met at the Aspen Airport Business Center, which is located within the Aspen Community Growth Boundary. These employees will be housed in eight 3-bedroom sale units being constructed by RLND pursuant to BOCC Resolution No.135-2004 recorded October 29,2004 as Reception No. 503623 in the Office of the Clerk and Recorder o f Pitkin County, Colorado (the "AABC Units"). Three o f these units will be deed restricted to Category 2 restrictions and five will be deed restricted to Category 3 restrictions. The eight AABC Units must be deed restricted, and a Certificate of Occupancy must be issued therefor, before a Certificate o f Occupancy will be issued for the Project. (v) Based on the foregoing, a total of 31.25 employees will be housed in Category 2 units and 29 employees will be housed in Category 3 units. (vi) No Certificate of Occupancy will be issued for the Project unless and until (aa) a Certificate of Occupancy has been issued for the 15 Obermeyer Buy Down Units and such units have been deed restricted to the Categories described in subsection (b)(ii) above, and (bb) a Certificate of Occupancy has been issued for the 8 AABC Units and such units have been deed restricted to the Categories described in subsection (b)(iv) above. If no Certificate of Occupancy has yet been issued for the Obermeyer Buy Down Units, RLND shall not be precluded from receiving a Certificate of Occupancy for the Project if it delivers or causes to be delivered to City a collateral assignment of the $3,370,400 (the Buy Down Price) being held in escrow by Pitkin County Title, Inc. (the "Escrow Agent") pursuant to the Affordable Housing Buy Down Agreement, which assignment shall authorize and direct the Escrow Agent to deliver all. of the escrowed funds to the City in the event a Certificate of Occupancy has not been issued for and proper deed restrictions recorded upon the Obermeyer Buy Down Units by July 1, 2007. 7 .. I NNII1111 ilim Iiumm miiiii w 05/17/2005 04:01 ~ 510210 Page: 8 of 33 SILVIA DAVIS PITKIN COUPTY CO R 156.00 D 0.00 (vii) The employees to be housed in the 8 on-site Affordable Housing Units and the 8 AABC Units shall meet the qualification criteria contained in the APCHA Employee Housing Guidelines, as they may be amended from time to time. 'The Obermeyer Buy Down Units shall be governed by the City Council approvals for the Obermeyer Place Project. 3.3 Construction in Accordance with Plans. Construction of the Project, and all of its component parts, shall be accomplished in substantial compliance with the Final PUD Development Plan and with all architectural plans and elevations, utility plans, grading and drainage plans, site design plans, and landscape plans that are recorded contemporaneously with the Final Plat and this Subdivision/PUD Agreement. 3.4 Forte Cochere Traffic Flow, Shipping and Receiving, and Roof Top Decks. (a) Porte Cochere Traffic Flow. Traffic flow within the Project's entry porte cochere shall occur in a clockwise rotation at all times in order to minimize the impact of vehicle headlights on the adjacent North of Nell Condominiums. Vehicular access to the polite cochere from Galena Street shall occur via Dean Avenue. (b) Shipping and Receiving. Commercial vehicles, including but not limited to delivery, service and inspection vehicles, shall be prohibited from using the Little Nell Hotel service dock on Spring Street to service the Project. All commercial vehicle activity shall be limited to the Project's Galena Street loading dock and parking garage. (c) Roof Top Decks. The Project's roof top decks, swimming pool and hot tubs shall be used for the following purposes: Swimming, sun-bathing, food and beverage service, and similar compatible uses. 3.5 Dean Avenue Improvements; Maintenance; Encroachment License. RLND shall accomplish, as subdivision improvements, the improvements depicted on the Final PUD Development Plan recorded concurrently with the Final Plat, in accordance with Article IV of this Subdivision/PUD Agreement. To the extent practicable, said Final PUD Development Plan shall be revised to be consistent with any final master design plan that may be finally adopted by the City for Dean Avenue improvements. In the event the City has not adopted such final master design plan by April 1, 2006, RLND shall no longer be obligated to make revisions to the Final PUD Development Plan. Before a building permit is issued for the Project, the City and RLND shall enter into two (2) Encroachment Licenses covering the portions of the Project that will encroach into the Dean Avenue right-of-way, as depicted on the Final Plat. The first Encroachment License will cover the portion o f the Residences at Little Nell building that encroaches into the Dean Avenue right-of-way, and the second Encroachment License will cover the portion of the surface utility systems servicing The Residences at Little Nell that encroaches into the Dean Avenue right-of-way. 8 510210 . 1 illill illil illill litil lill lilli lillill ill ilill liti illi 05/17/2005 04:01 Page: 9 of 33 SILVIA DAVIS PITKIN COUNTY CO R 156.00 D 0.00 The design, installation, maintenance and operational costs for new surface and subsurface improvements to Dean Avenue shall be borne by RLND or its successor/assignee, The Residences at Little Nell Condominium Association, Inc. (the "Association"). New subsurface improvements shall include a snowmelt system and similar features but shall exclude existing utilities within the right-of-way. Costs of replacing surface and subsurface improvements as a result of accessing City-owned utilities or other subsurface work that damages surface and subsurface improvements installed by RLND, including the snowmelt system, shall be borne by the City. The City shall not be responsible for costs of replacing surface and subsurface improvements damaged as a result of utility work on non-City-owned utilities. 3.6 Utilities. (a) Water, sewer, electric, natural gas, telephone and cable TV service - -- - --- - are available from existing main lines in Galena Street and Dean Avenue. RLND shall accomplish at its expense the utility improvements described in Article 4.1 below. (b) All utility service lines from these main lines to the Project shall be installed by RLND at its expense in compliance with the Water and Sanitary Sewer Utilities Plan and the Shallow Utilities Plan recorded concurrently with the Final Plat, and shall be buried underground. All of said utilities shall be installed as subdivision improvements in accordance with Article IV of this Subdivision/PUD Agreement. (c) All utility tap fees shall be payable in accordance with the requirements of the utility regulations in effect at the time o f payment. (d) All uses and construction shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards o f Municipal Code Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. (e) RLND shall comply with the Aspen Consolidated Sanitation District' s rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed to ACSD lines. All improvements below grade shall require the use of a pumping station. 3.7 Relocation of Citv Water Line. RLND shall accomplish, as a subdivision improvement, the relocation of the City o f Aspen water line in Durant Street, Spring Street, and across Little Nell, in compliance with the Little Nell Waterline Plan and Profile to be recorded concurrently with the Final Plat, and in accordance with Article IV of this Subdivision/PUD Agreement. 3.8 Drainage. All development within the Project shall comply with the Drainage Plan recorded concurrently with the Final Plat. RLND shall be responsible for implementing the Drainage Plan, and drainage improvements shall be accomplished as subdivision improvements in accordance with Article IV of this Subdivision/PUD Agreement. 9 - itimmimu~lil=mum~â€¢ 05/17/2005 04:01 510210 Page: 10 of 33 SILVIA DAVIS PITKIN COUNTY CO R 156.00 D 0.00 3.9 Landscaping; Tree Removal Fee. All development within the Project shall comply with (i) the Overall Materials Plan, (ii) the Overall Tree Landscape Plan, and (iii) the Overall Understory Landscape Plan recorded as part of the Final PUD Development Plan (collectively, the "Planting Plans"). RLND shall be responsible for implementing the Planting Plans, and landscaping improvements shall be accomplished as subdivision improvements in accordance with Article IV of this Subdivision/PUD Agreement. A tree removal fee in the aggregate amount of $32,252.84 has been paid to the City by RLND. 3.10 Exterior Lighting. All development within the Project shall comply with the Exterior Lighting Plan to be submitted to the Community Development Department for review and approval at the time o f building permit application. 3.11 Ski Trail Easement. The Ski Trail Easement depicted on the Final Plat across the southeasterly corner of Lot 1; Residences at Little Nell Subdivision/PUD, was dedicated to the City on the Final Plat for the use of the general public during the winter months for downhill and cross-country skiing purposes only (motorized vehicles are prohibited), subject to the terms and conditions o f said dedication and as more fully set forth in that certain Ski Trail Easement Agreement between RLND and the City recorded contemporaneously with this Subdivision/PUD Agreement as Reception No. 3)0% 07 3.12 Relocation of Little Nell Chairlift. RLND shall be responsible for relocating the existing Little Nell Chairlift to approximately the location depicted on the Final PUD Development Plan, at RLND's cost and expense. Such relocation must be accomplished before a Certificate of Occupancy is issued for the Project. 3.13 Air Oualitv. (a) The City has determined that, subj ect to the provision of van service for the Project's owners and guests, and the advertising thereof, no further PM 10 mitigation shall be required for the Project. (b) All development within the Project shall comply with the Environmental Health Department's woodburning stove/fireplace regulations in effect at the time of issuance of a building permit for the Project. (c) Before a building permit is issued for the Project, RLND shall - ~ - submit a fugitive dust control plan to the Environmental Health Department for its review and approval. The plan shall address, at a minimum, fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads, and other measures as may be necessary to prevent windblown dust from crossing the property lines or otherwise causing a nuisance. 3.14 Geotechnical Requirements and Slope Stability Monitoring. Throughout construction of the Project and for a period of two (2) years following the issuance of a Certificate of Occupancy for the Project, RLND shall comply with the geotechnical recommendations, and implement the slope stability monitoring, detection 10 ' ---.11 ill-lillil- 1111111Ill 111111111 lili 05/17/2005 04:01 510210 Page: 11 of 33 SILIIA O VIS PITKIN COG.TY CO R 166.00 D 0.00 and reporting program, contained in the Geotechnical Investigation for The Residences at Little Nell prepared by CTL/Thompson under date of June 17, 2003 (Job No. GS- 3850). 3.15 School Land Dedication Fees. Before a building permit is issued for the Project, RLND shall pay to the City a cash payment in lieu of school land dedication, for the Project's two (2) free market residential units and eight (8) Affordable Housing Units, in the total amount o f $36,102.90. 3.16 Park Development Impact Fee. Before a building permit is issued for the Project, RLND shall pay to the City a park development impact fee in the total amount of $58,315.95. 3.17 Street Impact Fee. Before a building permit is issued for the Proj ect, RLND shall pay to the City a street impact fee in the amount of $ 7,950.00, which is equal to the cost of placing a 2-inch asphalt overlay over half the width of Galena Street along the frontage of the Project to Durant Street. This payment is being made in lieu of returning Galena Street to an acceptable condition following construction of the Project, as provided in Paragraph 5 of Section 1 1 0 f Ordinance No. 30. 3.18 Storm Water Drainage Svstem Fee. Before a building permit is issued for the Project, RLND shall pay to the City a fee in the amount of $ 172,000.00 as a contribution toward the cost of improvements to the City' s storm water drainage system, and the City shall deposit the funds in a separate account for such purpose. In the event the City has not expended the funds for such purpose within 5 years following the date of this Subdivision/PUD Agreement, the storm water drainage system fee shall be refunded to RLND together with 4 percent interest (non-compounded) accrued from date of payment to date of reimbursement. 3.19 Work in Public Right-of-Wav. RLND shall first obtain the approval of the appropriate City Department before commencement of any work within a public right-of-way. 3.20 Damage to Public Rights-of-Wav, RLND shall repair any public right- of-way damaged during construction of the Project prior to issuance of a Certificate of Occupancy for the Proj ect, excepting damage to Galena Street covered by the street impact fee provided for in Section 3.17 above. RLND shall be responsible for the restoration of any sections of Galena Street to pre-disturbance condition in order to receive an overlay. 3.21 Construction Hours. Construction activity within the Property shall be limited to the hours between 7:00 a.m. and 7:00 p.m. Monday through Saturday. No construction activity shall be permitted on Sunday. 3.22 Construction Management Plan. All construction activities on the Property shall comply with the Construction Site Management Plan and Parking Plan submitted by RLND to the City concurrently with the building permit application. 11 .. 4 1 1,1 1 1 1 11111 11111 111'llill 1111]1111 11111 111 111 510210 Page: 12 of 33 05/17/2005 04:01 SILLIA D VIS PITKIN COUNTY CO R 166.00 D 0.00 3.23 Improvement Districts. On behalf of itself and any future owners of the Property and all interests therein, RLND agrees to join any future improvement districts that may be formed for the purpose of constructing improvements that benefit the Property under an assessment formula. 3.24 Condominium Map. Upon substantial completion of construction of the Project, RLND shall submit a Condominium Map to the Community Development Director for review and approval. During the period of vested rights described in Section 2.3 above, the Condominium Map shall be reviewed under the applicable provisions of the City's Land Use Regulations in effect on October 25,2002 (the date of submission of the Project's conceptual PUD application), which provisions are attached hereto as Exhibit A and made a part hereof by this reference. Following expiration of said vesting period, the Condominium Map shall be reviewed under the then-current condominiumization requirements of the Aspen Municipal Code. The _ --_condominiumization of the Project shall be accomplished prior to the closing of the sale of any Fractional Interest or Free Market Residential Unit in the Project. 3.25 Van Service. The Association shall provide 24-hour van service to owners and guests of the Project. 3.26 License to Use Dean Avenue for Construction Staging. City hereby grants to RLND a license to use so much of Dean Avenue adjacent to the Project site as may be necessary from time to time for construction staging in connection with the Project. In consideration thereof, within twenty (20) days following the end of each calendar month in which Dean Avenue is used for staging, RLND agrees to pay to City the sum of $1.25 per square foot per month for each square foot of Dean Avenue actually used for staging during said month, prorated for the number of days of actual usage during said month. 3.27 Ownership and Maintenance of Common Elements. Under the terms of the Declaration, all portions of the Project other than the Units (as defined in the Declaration) arc Common Elements. The Common Elements are owned in common by the owners of the Units and of the Fractional Interests, in the undivided interests described in the Declaration, and the Association is responsible for maintaining, repairing, improving, restoring and replacing the Common Elements, including any Limited Common Elements and Common Furnishings. 3.28 Roof Plan. RLND shall limit the rooftop mechanical equipment in the Project to the equipment depicted on the Roof Plan to be recorded as part of the Final PUD Development Plan, shall screen such equipment as shown on the Roo f Plan, and shall use non-reflective roofing material. 3.29 Pre-Construction Meeting. Prior to submitting an Application for the Building Permit for the Proj ect, a meeting shall be held among the following parties: RLND, the Project Architect, the Project Planner, the Prime Contractor, a City Staff Planner, a Community Development Engineer, a Zoning Officer, and a Building Official/Plans Examiner. The purpose of the meeting shall be to identify the approving 12 .. 510210 111111' llill 1111111111111'l lili 1111111 ill Illill Ill 111 05/17/2005 04:01 Page: 13 of 33 SILVIA DAVIS PITKIN COUNTY CO R 166.00 D 0.00 Ordinance and any amendments thereto, identify conditions of approval, identify the timeline for Final Plat and Subdivision/PUD Agreement recordation, identify the types o f building permits necessary and the development activities that can be conducted prior to receiving a building permit, review any critical timeline issues, review the steps and timing of the building permit process, discuss the responsibilities of all parties in obtaining permits, changes, etc., and review the Building Department checklist. ARTICLE IV A. SUBDIVISION IMPROVEMENTS 4.1 Prior to the issuance of a Certificate of Occupancy for the Project, RLND shall accomplish the following subdivision improvements, all as depicted and described on the Final PUD Development Plan and other related documents that are attached to or recorded concurrently with the Final Plat: The utility and street surface improvements - identified on the "Costs Estimate for Proposed Public R.O.W. Improvements" dated February 15, 2005, and the "Site Cost Estimate for Dean Avenue and Galena Street Improvements" dated February 14, 2004, copies of which are attached hereto collectively as Exhibit B. The aggregate estimated cost of such improvements is $819,589. 4.2 Before a building permit is issued for the Project, a construction schedule for the above-described improvements shall be submitted to the City Engineering Department, and all applicable right-of-way permits and licenses must be obtained. 4.3 RLND shall complete the landscaping of the Property and the Dean Avenue right-of-way in accordance with the Planting Plans no later than six (6) months following the issuance o f a Certificate o f Occupancy for the Project. RLND shall be responsible for ensuring the success of all landscaping installed pursuant to the Planting Plans for a period of 2 years following the date of installation, and shall replace any landscaping that fails during such 2 year period. RLND or its successors or assigns shall have the right to plant additional native vegetation within the Residences at Little Nell Subdivision/PUD, as it may consider appropriate from time to time, without further approvals being required. The estimated cost of such landscaping improvements (including 2 years of maintenance thereof) is $321,038, as set forth on the Landscaping Cost Estimate attached hereto as Exhibit C and made a part hereof by this reference. 4.4 The estimated costs set forth in Sections 4.1 and 4.3 above shall be updated to 2005 dollars (or the year in which construction commences) at the time of building permit submittal, and the updated cost estimates shall be submitted to the City Engineer for review and approval. B. FINANCIAL ASSURANCES In order to ensure construction and installation of the subdivision and landscaping improvements described in Section A above, and to guarantee 100 percent of the current estimated cost of the subdivision improvements ($819,589, updated as above required) and 125 percent of the current estimated cost of the landscaping 13 .. 510210 1 lillillillill lillill litil ilillilli killill lillillill lillill Page: 14 of 33 05/17/2005 04:01 SILVIA DAVIS PITKIN COUNTY CO R 166.00 D 0.00 improvements (including 2 years of maintenance thereof) ($401,298, updated as above required), RLND shall provide to the City an irrevocable letter of credit from a financially responsible lender in the amount of $1,220,887, updated as above required. Said letter of credit shall be provided to the City prior to the issuance of a building permit for the construction of the Project, shall be in a form reasonably acceptable to the City Attorney and the City Manager, and shall give the City the unconditional right, upon default by RLND, to draw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any outstanding and delinquent bills for work done thereon by any party, with any excess letter of credit amount to be applied first to additional administrative or legal costs associated with any such default and the repair of any deterioration in improvements already constructed before the unused remainder, if any, of such letter of credit is released to RLND. Provided, however, that RLND shall be given fourteen (14) days' written notice of default (and the right to cure during said period) prior to the City's ability to make a draw under the letter of credit. Notwithstanding the foregoing, delays or other problems resulting from acts of God or other events beyond the reasonable control of RLND shall not constitute a default hereunder so long as a good faith effort is being made to remedy the problem and the problem is in fact resolved within a reasonable period of time following its occurrence. As portions of the improvements required are completed, the City Engineer shall inspect them, and upon approval and written acceptance, he shall authorize a reduction in the outstanding amount of the letter of credit equal to the agreed estimated cost for the completed portion of the improvements; provided, however, that ten percent (10%) of the estimated cost shall be withheld until all proposed improvements are completed and approved by the City Engineer, and with respect to landscaping improvements, twenty-five percent (25%) of the $321,038 estimated cost thereof (as updated), or $80,260 (as updated), shall be retained until the landscaping improvements have been maintained in a satisfactory condition for two (2) years. A Maintenance Bond, valid for two (2) years from the date of acceptance of all right-of-way improvements by the City Engineer, shall be provided to the City Engineer in the amount of $819,589 (updated as above required), prior to any reduction in the amount of the letter o f credit for costs associated with right-0 f-way improvements. It is the express understanding of the parties that compliance with the procedure set forth in Article V below pertaining to the procedure for default and amendment of this Subdivision/PUD Agreement shall be required with respect to the enforcement and - - --- - implementation of these financial assurances and guarantees to be provided by RLND as set forth above. / ARTICLE V NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS In the event that the City determines that RLND is not acting in substantial compliance with the terms of this Subdivision/PUD Agreement, the City shall notify RLND in writing specifying the alleged non-compliance and asking that RLND remedy the alleged non-compliance within such reasonable time as the City may determine, but 14 .. 510210 1111111111111111111111 lilill'11111111111111111111111 05/17/2005 04:01 Page: 15 of 33 SILVIA DAVIS PITKIN COUNTY CO R 166.00 0 0.00 not less than 30 days. If the City determines that RLND has not complied within such time, the City may issue and serve upon RLND a written order specifying the alleged non-compliance and requiring RLND to remedy the same within thirty (30) days. Within twenty (20) days of the receipt of such order, RLND may file with the City Engineering Department either a notice advising the City that it is in compliance or a written request to determine any one or both of the following matters: (a) Whether the alleged non-compliance exists or did exist, or (b) Whether a variance, extension of time or amendment to this Subdivision/PUD Agreement should be granted with respect to any such non- compliance which is determined to exist. Upon the receipt of such request, the City shall promptly schedule a meeting of the parties to consider the matters set forth in the order ofnon-compliance. The meeting of the parties shall be convened and conducted pursuant to the procedures normally established by the City. If the City determines that a non-compliance exists which has not been remedied, it may issue such orders as may be appropriate, including the imposition of daily fines until such non-compliance has been remedied, the withholding of permits and/or certificate of occupancy, as applicable; provided, however, no order shall terminate any land use approval. The City may also grant such variances, extensions o f time or amendments to this Subdivision/PUD Agreement as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City shall not unreasonably refuse to extend the time periods for performance hereunder if RLND demonstrates that the reasons for the delay(s) which necessitate said extension(s) result from acts of God or other events beyond the reasonable control of RLND, despite good faith efforts on its part to perform in a timely manner. ARTICLE VI PRIOR APPROVALS AND INSTRUMENTS 6.1 Plat of Tippler Townhomes Subdivision recorded November 25, 1998 in Plat Book 48 at Page 3. 6.2 Subdivision Agreement for Tippler Townhomes Subdivision recorded November 25, 1998 as Reception No. 424875. 6.3 Resolution No. 98-06 of the Aspen Planning and Zoning Commission recorded April 10,1998 as Reception No. 415473, approving the proposed off-street parking plan for the Tippler Townhomes Subdivision. 6.4 Ordinance No. 6 (Series of 1998) of the Aspen City Council adopted May ~ 26,1998, granting final subdivision approval for the Tippler Townhomes Subdivision. 15 .. 510210 05/17/2005 04:01 Page: 16 of 33 SILVIA DAVIS PITKIN COUNTY CO R 166.00 D 0.00 6.5 Resolution No. 66 (Series of 2000) of the Aspen City Council adopted May 22,2000, granting an extension of the Tippler Townhomes Subdivision vested rights through February 26,2003. 6.6 Resolution No. 17 (Series of 2003) of the Aspen City Council adopted February 24,2003, granting an extension of the Tippler Townhomes Subdivision vested rights through February 26,2005. 6.7 Condominium Plat of Tipple Lodge recorded April 2, 1980 in Plat Book 9 at Page 22. 6.8 Condominium Declaration for Tipple Lodge recorded April 2, 1980 in Book 385 at Page 883. 6.9 Subdivision Exemption Agreement (Tipple Lodge Condominium) recorded OcUber-29, 1979 in Book 378 at Page 294. 6.10 Ordinance No. 23 (Series of 2003) of the Aspen City Council adopted June 23,2003, approving the expansion of the Tippler Townhomes Subdivision onto the Tipple Lodge property. 6.11 Plat o f Tipple Woods Subdivision recorded March 23. 1959 in Ditch Book 2A at Page 250, as amended by Subdivision Exception Plat recorded February 14, 1984 in Plat Book 15 at Page 86 (collectively the "Plat"). Plat to be vacated, and new Plat of Tipple Woods Subdivision to be recorded, depicting remaining 3 Lots in Subdivision. 6.12 Agreement of Second Amendment and Restatement of Protective Covenants of Tipple Woods Subdivision recorded November 11. 1971 in Book 259 at Page 245. To be restated and amended in their entirety to reflect 3 remaining Lots in Subdivision. 6.13 Condominium Map of Tipple Inn Condominiums recorded in Plat Book 3 at Page 82, as amended and supplemented. 6.14 Condominium Declaration for Tipple Inn (A Condominium) recorded May 10, 1966 in Book 220 at Page 318, as amended by recorded First through Fourth Supplements, and by Consent to Amendment of Declaration and Map recorded in Book 262 at Page 227. 6.15 Other recorded and unrecorded documents and instruments affecting title to the Property. ARTICLE VII GENERAL PROVISIONS 7.1 The provisions hereof shall be binding upon and inure to the benefit of RLND and City and their respective successors and assigns. 16 .. e 1-- lill[ lilli ]]1 11 1.-11 ill 111111 Ill 1 05/17/2005 04:01 510210 Page: 17 of 33 BILLIA D VIS PI i-KIN C)...-TY CJ R 165.00 D 0.00 7.2 This Subdivision/PUD Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. 7.3 If any of the provisions of this Subdivision/PUD Agreement or any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstance is invalidated, such invalidity shall not affect the validity of the remainder of this Subdivision/PUD Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 7.4 This Subdivision/PUD Agreement and the exhibits attached hereto contain the entire understanding between the parties hereto with respect to the transactions contemplated hereunder. RLND, its successors or assigns, may, on its own initiative, petition the City Council for an amendment to this Subdivision/PUD Agreement or for an extension o f one or more of the time periods required for performance hereunder. The City Council shall not unreasonably deny such petition for amendment or extension after considering all appropriate circumstances. Any such amendments or extensions of time shall only become effective upon the execution by all parties hereto that are affected by the proposed amendment. 7.5 Numerical and title headings contained in this Subdivision/PUD Agreement are for convenience only, and shall not be deemed determinative of the substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use o f any gender shall include all genders. 7.6 Upon execution of this Subdivision/PUD Agreement by all parties hereto, City agrees to approve and execute the Final Plat and to approve the Final PUD Development Plan and to accept the same for recordation in the office of the Clerk and Recorder for Pitkin County, Colorado, upon payment of the recordation fees by RLND. 7.7 Notices to be given to the parties to this Subdivision/PUD Agreement shall be considered to be given if hand delivered or if deposited in the United States Mail to the parties by registered or certified mail at the addresses indicated below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: CITY: City of Aspen City Manager 130 South Galena Street Aspen, CO 81611 RLND: Aspen Land Fund LLC, Managing Member Attention: Brooke Peterson 302 East Hopkins Avenue Aspen, CO 81611 With Copy to: Arthur C. Daily, Esq. Holland & Hart LLP 17 .. . 600 East Main Street Aspen, CO 81611 7.8 This Subdivision/PUD Agreement may be executed in counterparts, in which case all such counterparts together shall constitute one and the same instrument which is binding on all of the parties thereto, notwithstanding that all of the parties are not signatory to the original or the same counterpart. Facsimile signatures shall be treated as original signatures hereon. 7.9 The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the Property and any and all owners thereof or interests therein, their respective successors, grantees or assigns, and further shall inure to the benefit of and be specifically enforceable by or against the parties hereto, their respective successors, grantees or assigns. [Ill'Illill 11.[llil U 111111111111111 05/17/2005 04:01 510210 Page: 18 of 33 SILLIA DAVIS r. i-KIN COUNTY CO R 156.00 0 0.00 18 .. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. CITY: City o f Aspen, Colorado, a Colorado municipal corporation By: 1Â»FCASJ 03074, MayoPPE.0 9 Attes: loJ44Â«_ Kathryn S. K~ City Clerk APPROVED AS TO FORM: 45314? #1431Â» John Worceiter, City Attorney RLND: THE RESIDENCES AT LITTLE NELL DEVELOPMENT, LLC, a Delaware limited liability company By: Aspen Land Fund, LLC, a Colorado limited liability company, Managing Member By: CWA Development, LLC, a Colorado limited liability company, Manager ~Five 5*, ~C, a ColÂ»do ~limited 10 ity Ani~any,rA#mber / By:'79Â°*1 5 ~ ~ Petershn, hkalger And By: Centurion Partners Aspen, LLC, a Colorado limited liability company, Member By: Centurion Partners, LLC, a I Ilf lilli lilli QI lim I[Il Ellill lilli ill liI 05/17/2005 04:01 510210 California limited liability company, Page: 19 of 33 Manager SILVIA DAVIS PITKIN COUNTY CO R 166.00 D 0.00 Scot Matteson, Managing Member 18 . Â«441 3 Mike Smith, Managilg Member 510210 05/17/2005 04:01 Colorado limited liability company, And By: Westpac Colorado LLC, a Page: 20 of 33 SILVIA DAVIS PITKIN COUNTY CO R 166.00 D 0.00 Member Patrick N. Smith, Manager STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing instrum~AZas ack~~8~&54=PefoJe me this |13*day of ~0Â·4('63~:j~ , 2005, by rte,e,~&aae~as Ma.yo;24Ffklryn S. Koch as City Clerk o f thc#City of Aspen, Colorado, a municipal corporation. Witness my hand and official seal. My commission expires:O~/ 1/300* f JACKIE 5 t Aâ€¢ An. C LOTHIAN J ViA NUAD ~(btary Public / E Â°F coe> U STATE OF COLORADO ) ) SS. COUNTY OF ~rrt *60) ) The foregoing instrument was acknowledged before me this @ 714. day of iup r,| , 2005, by Brooke Peterson, Manager of Five Rocks LLC, a Colorado limited liability company, Member of CWA Development LLC, a Colorado limited liability company, Manager of Aspen Land Fund LLC, a Colorado limited liability . company, Managing Member of The Residences at Little Nell Development, LLC, a'k Delaware limited liability company. J . : "wibe'*-t.. Witness my hand and official seal. I ' : k :**41.407 : 4, Mycommission expires: 6~ ~~ 410& . t Notary Public U A p, , 00 4Â©DE, rAA , 6., , M6 f:u~ * 19 .. STATE OF CAL<Sr,â‚¬ 4 ) ) SS. COUNTY OF Orn...E)-C ) The foregoing instrument was acknowledged before me this '29 day of Aer:n. , 2005, by Scot Matteson and Mike Smith, Managing Members of Centunon Partners LLC, a California limited liability company, Manager of Centurion Partners Aspen, LLC, a Colorado limited liability company, Member of CWA Development LLC, a Colorado limited liability company, Manager of Aspen Land Fund LLC, a Colorado limited liability company, Managing Member of The Residences at Little Nell Development, LLC, a Delaware limited liability company. Witness my hand and official seal. 5TEPHEN EGer C 1-Pr~ < Commission # 1345111 , ./ Ttv- Notary Public - California Z Rotary~blic Orange County f L__ ..yonne*a.Marg 2008l STATE OF ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2005, by Patrick N. Smith, Manager of Westpac Colorado LLC, a Colorado limited liability company, Member of CWA Development LLC, a Colorado limited liability company, Manager of Aspen Land Fund LLC, a Colorado limited liability company, Managing Member of The Residences at Little Nell Development, LLC, a Delaware limited liability company. Witness my hand and official seal. My commission expires: Notary Public 111-11- -lili- -1] --1111111111111111111111 05/17/2005 04:01 510210 Page: 21 of 33 S 1 LV . A C : 1 .- S PIfKIN cOL:,TY co R 166.00 D 0.00 3 188793_4:jDOC 20 .. STATE OF CALIFORNIA Â· ) }SS. COUNTY OF SANTA BARBARA ) On this 28th day of April, 2005, before me, the undersigned, a No- tary Public in and for said State, personally appeared PATRICK N. SMITH, personally known to me (Â·ee-pâ€žup,4 +-0 -mo on tho basic of satic- *iderree) to be the person (.89 whose name (e) is/are subscribed to the within instrument and acknowledged to me that he/she/they exe- cuted the same in his/Â·her/bhe*r authorized capacity (ires), and that by his/her/1-he-ir signature (-s) on the instrument the person (Â·e), or the en- tity upon behalf of which the person {-5T acted, executed the instru- ment. WITNESS my hand and official seal. R U SANTABARBAU COUNIÂ¥ 1 Notary Public ir~pr= for Â£pid State 9 Col~ A- O LÂ»68;ac~Â«**2~ NOTE: Attached to Subdivision/PUD Agreement for the Residences at Little Nell Subdivision/PUD undated re "Little Nell". Ill- 1111111111 -1--111--]11- -1111111111 lilli 05/17/2005 04:01 510210 Page: 22 of 33 SILVIA DA~;S PITKIN COL,Â·TY .6 R 166.00 D 0.00 1 .6:4 Wet:1 .. 11111111'llili-1-1[1111'll'11111111111111111 05/17/2005 04:01 510210 Page: 23 of 33 SIt-LIA C.VIS PITKIN COLATY CO R 166.00 D 0.00 CONSENT OF MORTGAGEE The undersigned, being the holder o f two liens on portions of Lot 1, The Residences at Little Nell Subdivision/PUD pursuant to Deeds of Trust recorded as Reception Nos. 469347 and 500220 in the Office of the Clerk and Recorder of Pitkin County, Colorado, hereby consents to and approves the recording of this Subdivision/PUD Agreement, and hereby subordinates the liens of said Deeds of Trust to the matters set forth herein. rt Dated this j day of May, 2005. Alpine Bank, Aspen By: ~h kw. | ~~~ STATE OF COLORADO) ) SS COUNTY OF PITKIN ) The foregoing Consent of Mortgagee was acknowledged before me this 6-- day of May, 2005, byL.~_A 72: //.Â£./C,4.- as f r <_ i i 1-_9- of Alpine Bank, Aspen, a Colorado corporation. Witness my hand and official seal. My commission expires: /~2 2/0 8 , - LL- r- ~ary Public 8'ret 3374870_1.DOC _ -- ~ i JEAN 1 ~ % \ MOORE / 1 14 Co~ish E*, 0108/200: JAN-03-2006 13:08 FROM: HOLLAND 1.HART 9709259415 ',a6970 920 9310 1-==-, Dec. 21. 2005Â·4:41PM (~ Assoc.EVELOPMENT I BNo. uju., 7 MEMORANDUM TO: Chis Bendon, Community Development DirÂ®tor - FROM: James Lindt, Senior Planner <SL- RE: The Residences at Little Nell- Insubstantial POD Amendmemt DATE: December 8, 2005 -- - SUMMARY: The Residences at Little Nell, LLC represented by Vann Associates. has applied for an insubstantial amcndment to tbe approved Residence, 81 Little Net[ Subdivision/PUD to amend the approved PUD to allow br tile two (2) fr=-maE<at mside,6al units approved within the development to be converted to fractional ownecship units. Ordinance No. 30, ,0 Â® Â® Series of 2004. which approved the Residences at Lide Nell Subdivision/PUD contained a 8 G condition of approval allowing for tbo subject Units to be fractionalized pursuant to all eG 2 0 insubstantial PUD amendment. 13 B APPWCANT: 2 The Residences a Unle Net LLC, Represented by Vann Associates. ~ = ZONING; 8 Lodge with a FUD Overlay. - REVEW PROCEDURE: The Commwity Development Director may ap,ove, approve with conditions, or deny an - insubstantial Amendment to an approved PUD pursuant to Land OsÂ© Code Section 26.445, 100, Pta,ved Unir DevelopmEnts. U 8 STAFF COMMENÂ¥s: In reviewing the Applicant's requegt, Staff believe5 that the conversion being proposed is consistent with the approvals gi'=zted in Ordinance No, 30, Series of 2004, approving rbe 3 Residences at Little Nell Subdivislon/PUD. The ordinanw approving the origtal project - contains a section iden~fying thÂ£ the Applicant may convert the two (2) wholly-owned msidential units to frutional units and Gch~dc;them inthe Gmeshars use plan, Bovided thal an insubstaMial PUD unandmant is approved for record keeping pinposes- Siaff funher feels tat the proposed conversion is congistent with die lodging goals of the community M that the units are morÂ¢ likely to be occupied and reoted on a shoroterm bagis if they are included in the timesbAro u,e plan than if they arc maiotainÂ¢ d as wholly-owncd residential units. RECOMMENDATION: Staff believes that this application meets tbe review Niandard, for gr=ins an insubstantial PUD amendinelitand recommends thit the Community Development Director approve this insubstantial PUD amendment to allow Tor the two (2) whoUy-owned residential units 1 Receivec -ime Dee.-3. 10:59PM DEC-21-2005Refe iv-ed* T i 6,ijal.- 3.2- 8-T51?M ID: PAGE: 002 R=95% 1:58 1 . 2 87160~ JAN-e3-2006 13:08 FROM: HOLLAND 1.HART 9709259415 1~870 920 9310 P.3/9 Dec- 21. 2005 ' 4:42?M ~ Assoc.EVE,OPMENT A,0.0304 ?P. 3 approved in the original PUD to be converbed to timeshare lodge units and included in the timeshare use plan. AFFROVAL: I hereby approve this insubstantial amendment to the Residences 21 Litile Nell Subdivision/PUD allowing for the two (2) wholly-owned residontial units to bc oonvericd w timeshars lodge rooms and Included in the Residences at Uttle Nell'& timesharc use plan, with the following condition: 1. The Applicant shall record this document at the Pitkin County Clork and Recorder's Office,witbinthirty (30) days of approval. 2, The units subject to theconverion shall beincluded inthetimeshare uscplan pilisuant to tb terms thal wert applied to the other fractional units in the Residonces at Little Nell Subdivision/PUD. 3. Thc School Lands Dedication fees that were paid to the City of Aspen for the two (2) free market residential noits :.abicat to this applicirtion shall not be refundable. dkwp MAL d~Â£, P),7(11â‚¬ Chris Bendon, Communty Developmeht Director ACCKMANCe 1, as a person being or reproseÂ¤dng the applicant, do hemby agree to 111Â© condition of this approval and certify the Information propidod in this application is correct w thÂ© best of my knowledge. Applicant: 1-4/ Residence,K Â£~ Afttle Nd<1 1evelopmentA#Lt i 1 -1,#' \\I ,\Clf f 'a re-u_7 < ~Zrfo~re A. ~dter~on, 7trfr~ry-in-Fac r -Date: ~tember 21, 2005 ATTACITMErÂ©3: - Exhibit A - Review Criteria and Staff Findings Exhibit B - ApplicaLion I.- ---- --I- - i lilill- lilli'11111111- lillil 518768 Pager 2 of 8 12/22/2005 01:58t JAN.CE K VeS CALDILL PITKIN COLRFY Co R 41.00 D 0.00 2 Received Time Dec. 13. 10:59FM DEC-21-2005 nsÂ· / A Al/ ID: PAGE: 003 R=95% Received Time-Jan. 3.'C 8:07PM 0 . EXHIBIT -- - NOTICE OF APPROVAL- - -- - - For an Insubstantial PUD Amendment and an Insubstantial Amendment to an Environmentally Sensitive Area Development Order to The Residences at Little Nell, 501 E. Dean Street Parcel No.: 2737-182-93-6034, 2737-182-93-6035,2737-182-93-6036,2737-182-93-6037, 2737-182-93-6038, 2737-182-93-6039, 2737-182-93-6040, 2737-182-93-6041, 2737-182-93- 6042, 2737-182-93-6043,2737-182-93-6044,2737-182-93-6045, 2737-182-93-6046,2737-182- 93-6047,2737-182-93-6048,2737-182-93-6049,2737-182-93-6050,2737-182-93-6051,2737- 182-93-6052,2737-182-93-6053,2737-182-93-6054,2737-182-93-6055, 2737-182-93-6056, 2737-182-93-6057,2737-182-93-6058,2737-182-93-6059,2737-182-93-6060,2737-182-93- 6061, 2737-182-93-6062, 2737-182-93-6063, 2737-182-93-6064, 2737-182-93-6065, 2737-182- 93-6066,2737-182-93-6067,2737-182-93-6068,2737-182-93-6069 APPLICANT: The Residences at Little Nell Development, LLC REPRESENTATIVE: Sunny Vann (Vann Associates, LLC) SUBJECT & SITE OF AMENDMENT: The Residences at Little Nell 501 E. Dean Street SUMMARY: The applicant has requested an Insubstantial PUD Amendment to the Residences at Little Nell for miscellaneous design/structural/architectural changes. The amendments include: â€¢ Revised Rooftop Stairs The stairs have been narrowed to accommodate the equipment room enlargement. â€¢ Pool Access Control Gates - Security fencing has been added for controled access to the pool. â€¢ Egress Easement - An emergency access easement onto Dean Ave. from Aspen Ski Company to the Residences at Little Nell has been granted. â€¢ Revised Egress and Rear Residences Access Structure g - The roof assembly had been changed because o f building code requirements. E0 -- 0 â€¢ Revised Unit B Roof Configuration af *4 2 - Roof changes were made to accommodate floor plan changes. ~ r,> . 22 a. O <C> ., â€¢ Revised Main Mechanical Exhaust Shaft Roof Assembly and Finished Roof Elevations U Lt- Â·i - A 5 ft high screenwall to hide mechanical equipment/vents on the roofhas 40 5 been added. â€¢ Revised Elevator #4 Overrun - Distinguishing between the elevator overrun and stairway on the roof. â€¢ Revised Pool Equipment and Rooftop Restrooms RECE ION# : 552703,09/08/2008 at Doc Code NOTICE dill, Pitkin County, CO .. - The restrooms were enlarged to meet occupancy codes. â€¢ Elevator #7 Overrun - A 10' by 10' addition for elevator overrun has been added. â€¢ Affordable Housing Units - The counter space requirements were adjusted and changes were made to be able to accommodate for ADA requirements. â€¢ Revised Restaurant, Bar and Kitchen - A restaurant prep kitchen and service kitchen have been added and the lobby area has been extended by approximately 100 sq. ft. Ordinance No. 30 (Series of 2004) approved the final PUD for the Residences at the Little Nell. The site is a mixed use, timeshare lodge, primarily zoned Commercial Lodge (CL), with a PUD overlay, which consists of 26 fractional ownerships, 8 lodge units, 8 affordable housing units and approximately 8,900 sq. ft. ofnet leasable area. STAFF EVALUATIONS: Staff supports the proposed change to the Residences at Little Nell through an amendment to the PUD and Development Order related to the Environmentally Sensitive Area (ESA). The changes proposed are consistent with the approvals granted in Ordinance 30, Series of 2004 approving the PUD. The changes allow for various small revisions to the project's architecture (stairways), more detailed design development (roof configuration/assembly, elevator overruns) and compliance with building code requirements that are minor in nature (pool access, restrooms, ADA requirements). In addition, the amendment makes note that an emergency egress easement had been granted to the Residences at the Little Nell from the Aspen Ski Company onto Dean Avenue. The proposed changes necessitate an amendment to the Environmentally Sensitive Area Development Order. The proposed changes minimally alter the approval, as the improvements are generally interior or on the roof ofthe building. The changes will not affect the nature of the natural watershed, runoff, drainage, air quality or the grading. DECISION: The Community Development Director finds the Insubstantial PUD Amendment and Insubstantial Amendment to the ESA to be consistent with the standards within Ordinance No. 30, Series 2004, and thereby APPROVES the amendment for the miscellaneous changes. APPROVED BY: Â£4~4 3, 1* Chris Bendon Date Community Development Director Attachments: Exhibit A: Approved Changes on Plan Set Exhibit B: Review Criteria Exhibit C: Application 0 0 - EXHIBIT NOTICE OF APPROVAL For An Insubstantial Amendment to the Residences at Nell Planned Unit Development (PiII)), Lot 1, The Residences at Little Nell Subdivision/PUD, City of Aspen Townsite, Pitkin County, Colorado, commonly known as 501 East Dean Street Ordinance No. 30, Series of 2004 Parcel ID No. 2737-182-93-6034 through 2737-182-93-6069 APPUCKNT: The Residences at Little Nell, LLC REPRESENTATIVE: Sunny Vann, Vann Associates, LLC SUBJECT OF AMENDMENT: The Residences at Nell Subdivision, Planned Unit Development (PUD), Lotl, The Residences at Little Nell Subdivision/PUD, City ofAspen Townsite, Pitkin County, Colorado, commonly known as 501 - East Dean Street, Ordinance No. 30, Series of2004 SUMMARY: 20 -- On behalf of the Residences at Little Nell, LLC, Sunny Vann of Vann Associates, LLC -91_ u has applied for an Insubstantial Amendment to the approved Residences at Little Nell tiff =. L Subdivision/Planned Unit Development (Ordinance No. 30. Series of 2004) to approve a 9142---98 -I. ? Master Sign Plan. 14*30- v ~ IREVIEW PROCEDURE: 722,93 u-i ' -:The Community Development Department may approve, approve with conditions, or 6%9*7 J ? deny an insubstantial amendment to an approved PUD pursuant to Land Use Code r----,~ --r.c-- Â·=Section 26.445.100, Planned Unit Development (PUD). Patt---- 1 - : .STAFF EVALUATION: 25*1 - In order to amend a specific provision of the ordinance that approved the PUD originally, a PUD Amendment must be approved. Staff has reviewed the proposed amendment and Rl:.li =-3.; ~ Â· -finds that the proposed amendment meets the criteria for an insubstantial amendment 3.1-XÂ·t-9, -Â· t. - ikft: -4->pe-- pursuant to Section 26.445.100, Amendment ofa PUD Development Order and Section 335â‚¬it- JE=- 2 - 26.510, Signs of the City of Aspen Land Use Code. Staff recommends approval of the -29&1*Efe-M=Â· '. I .E.----~-uyÂ» -=y.-- proposed Master Sign Plan. 2%*.4-42.-Â·*. Â· Â· . 259-Â·3.2-fil=- - DECISION: .PON*iff: ,--- I ~ The Community Development Director finds the Insubstantial Planned Unit 3%992IfÂ©75<:6 - Development Amendment to be consistent with the review criteria (Exhibit C) and 39*81 4- f 1 z thereby, APPROVES the amendment as specified below. 3%39*(4~%/9.4 Â·1*#4-198& ene<#*490â‚¬ - =292 - 23k*2:944.98â‚¬-4.42 2 - 1 The approved amendment to the Residences at Little Nell Subdivision/PUD, allows for a Master Sign Plan as shown in attachment B. APPROVED ~Y: 44*#w/ /64 2: 22>7 Chns Erendon Date Community Development Director Attachments: Exhibit A - Master Sign Plan from Applicant Exhibit B - Review Criteria/Checklist 2 .. EXHIBIT B Insubstantial PUD Amendment Checklist 26. 445.100 Review Criteria All insubstantial PUD Amendments shall meet the following criteria, pursuant to Section 26.445.100, Amendment to PUD Development Order: O The proposed amendment does not change the use or character of the development. O The proposed amendment does not increase by greater than three (3) percent the overall coverage of structures on the land. O The proposed amendment does not substantially increases trip generation rates of the proposed development, or the demand for public facilities. O The proposed amendment does not decrease the approved open space by greater than three (3) percent. O The proposed amendment does not reduce the off street parking and loading space by greater than one (1) percent. O The proposed amendment does not reduce required pavement widths or rights-of- way for streets and easements. O The proposed amendment does not increase the approved gross leasable floor area of commercial building by greater than two (2) percent. O The proposed amendment does not increase the approved residential density ofthe development by greater than one (1) percent. O The proposed amendment will not enact a change which is inconsistent with a condition or representation ofthe project' s original approval or which requires granting a variation from the project' s approved use or dimensional requirements. f EliblamA IT Square Footage Matrix of Exterior Signage by Elevation p..mmil SUBMITTI NORTH ELEVA HON ' EAST ELEVATION ~ Â¥0seen Design Stud. ' i-I. *. i.- .' Ii' 434 TurnerÂ· ] , Burango, Colo * 10 Square Feet u.,03 %41,41*!n,Mil Storefront A @ 1.25 Square Feet 14.25 sf @ 3 Square Feet v 970.347 Elevation f 970.85 ~ Storefront A 2 6.9 Square Feet @ 1.5 Square Feet Elevation n 1/.Kff @ 1.5 square Feet @ 1.25 Square Feet Reildences atihe Little Nell 50150,1Â·4 Dean Strtet r 1 4 St |91 (.?i'~ t.! t; OX (exempri Alper .clorodo * 10 Square Feet /in A e 11.15 sf Comprehensive Exte ; : Master Sign Plan Storefront Elevat* B * 1.25 Square Feet 15 sf @ 6.9 square Feet 2.5 Square Feet : Storefront B Elevation @ 6.9 square Feet Â® 1.25 square Feet - 17 Apr 97 3 13.8 sf Storefront c * 6.5 square Feet 9 sf Elevation @ 2.5 Square Feet Â· . i , I.I'.Il-#/*-#'I:.Il''.Ill./%..-*=I#M.:'m--.Il**.WIV-*Ill-/ I:*.Il#.&F..E-)9..&%.E/.g-I- 1 24.95 SFTotal Storefront * 6.5 square Feet [Spread over 2 separate & distinct elevations] ! 1 SYMBOL LEGEND Elevation D 9 sf *~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~N.~@m..,w-2~.*Â»*4~~*~X,~;~~>>}>~,3~i,~i:+:~i, bi,), ~â€¢Â»,ix,*,i,a-,~i>*~,+~vÂ«.w,~,>*0.,+ Â® 2.5 Square Feet ,, -SIGN NUMBEF ~ Â·: -Â·- Â·-Â·1 1 WEST ELEVATION. /6al Storefront * 6.5 Square Feet 9 sf 1 SIGN TYPE V.JM - Â·Â·'N,1 '400Ht Elevation E @ 2.5 square Feet * 10 square Feet ~ 15 1 NUING Storefront t 1 . Elevation A WL â€¢: Wth j TiE .ill% i : 1 Storefront F @ 3 Square Feet Elevation * 1 0 Square Feet 1Osf ~ ~~~"~~~~~~~~"~~"~~"~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~ ~ ~-~ - ~~ -~~~-~~~~~~~~~ ~~ 66.25 SFTotal ; 13 SFTotal I ISpread over 6 separate & distinct elevations] â€ž,>-6Â»>#$-*I--+e~%eo-*0+>.1,>~1*Â» :e~:d~#*~* .M,DÂ»4.$6.~>~Â»-*15~~-%C~Â»~e#4'*D#-Â»-*m--%-'* I Page 1 of 6 Â©2 ... 5 /Ill 3 .,1 East Elevation at Gondola Plaza Frontage @ Property Line: 394'- 6" 1 * /7 ojvl:i, a~3*4 .. .*.--- .-- . ---4â€ž4~~â€ž~~Lv-â€ž.~â€ž~~M: r~--~mâ€ž~â€ž . -- -- --â€ž Total aggregate sciiial'e footage per elevation i Â·Â·Â·.' PER.r Project Address: 501 E. Dean St 'A' and 'B' is: 20 sf each (Balance held iii reserve i 1 SUBMITT for potential future use.) i 1 A B . SYMU(X LEGE:40 Â· ' Yase.en Design St. 1-SK,NNUMBER | Dulang., Col, wiwl- ~I'" TYPE i 81303 'Mant stg"ge f gm'.1. ~ rds*fmnt '.1. I 970.7, Ell ~tut , Li N u , 11 11, .,0 Tenan'S~gnage 1 Awl,Ingwith Malmumof 6-1/firing ! Res,4. tl' Nel White LED halo lighting Black *1 5(ilith [}ell I : : Â·Â· t 'll d 11 TT.*-- Aspen, Coloi@do I \,1 ' / behind lettering / Aluminum Faces . ._ EN' 1 0, 2 1 Comprehensive Ext, 1 Master Sign Plan 16,81 Ule/NUE@ U.4-241.I.Fl= 26- I n-,Ur--4--L.1 1 NEWYORK Â¥23 17 Apr 26" X 77" = 13.90 5f or 6.96 sf as a'Cut-out'Sign Â« REITAURINTENTRY -- ,-L~i~.~A.*11 .tup SIgn#immenti: Sion area h the area of the ima/it geometrk fign thatencopm, the fae/gof / iign Inch,dlg copy. | h/*ID. 6/.k/ound and bo,de/. Cutout letter ilgni ./ con,Weled wal ilgni ond th/ /gvnegite Mei ihal be ,//ed Toward allowible * n#ne-~lf (1/1) *me~suedarel Where â€ž hai two or nore lacei, the ve, cl / face, w~ be Inck,ded in detenm~ing the an# 1 This proposed Kipt *â€ž thi two face, ar, plâ€¢ud back to bl,ck ~n~~re *t no point moN thAn two M from orie Mr,Olh,r No lettering on 9 54}n. ///////0~ : 6,~h..9 cutout letter il,ni. ~,n e~ce.d twe~ Ir,che, 6. height, eice~~ ,~. ,i,~~ .~~0, ~ ,,~ ~.~,d. â€¢VN<h Â¢ar-*~t e,Â¢ted e,ghtee~ ~~.,s 6, heig+~t I Master bign Plar No logo on iny lin /4/ding 'utout 'tter 1//. can ,â€¢cied eighteen Incies / / 01 Md e*lien Ii// : 18/1/ | has becti prepare I for comnitinicati RESTAURANT ~dj ~ signage types, v 969 em I placement and L opplicable Ouido.We ' 03 Not 10[ Constructioli 1 EUV. 1. 1, .....1~%41 L >4 9b i Ma i Cih Page 6 01 6 Â©2 f Un=m 4, (7~Z'12*gm The Residences at the Little Nell :: Master Sign Plan C.2, / Â·Ga "?.Â·pheÂ· wid SUBMIÂ¥71 SPECIAL PROVISIONS - Â¥Â«seen DesiRn Stud 4.4 lmÂ·ne}Â· 1 Dutango, Colo 1. Under no circumstances shall a sign regulated bythe Aspen Municipal Sign Code be installed without an 8[303 approved sign permit' issued by the City of Aspen, Office of Community Development, Code Enforcement Officer. ydsÂ·*frontl r 970.247 All signage shall comply with the Aspen Municipal Sign Code and the approved Master Sign Plan for The Residences f 970.383 at The Little Nell. Resideflres atthe LInke Nell 501 5.uth Dean Street 2. Businesses must install wall mounted signs only within the sign frames provided along the North elevation. A,pen, Câ‚¬Aor,do Signage must be approved by the City of Aspen, Office of Community Development and the aggregate I square footage must be consistant with the Master Sign Plan for The Residences at The Little Nell. | Comprehensive Exte ~ Master Sign Plan 2. Architectural stone on the facade of the building shall not be drilled oraltered forthe purposes of any signage installation. Mortar excepted. Signage may be installed only at the locations designated bythe approved Master Sign Plan for The Residences at the Little Nell. 1 :23 4 17 Apt' 3. Should anyexisting business ownerortenantannex an adjacentunitand/or expand theirplace of business, - 1 the signage designated to that new retail space would automatically transfer to that business, provided there are no multiple/repeated graphic messages displayed. : 7.his ploposed Master Sign Plan 4. All signage on the premises must be in clean and neat condition and must not becomedilapidated ~ Ims been prepate, ~ fur coinnui~icaii ~ or unkempt in any way. signage types, , placement and 5. The use of Fluorescent/ Day-glow colors and/or intense primary colored backgrounds shall not be I applicable permitted. Signage must not include the appearance of changing color, brilliant luminescent colors and / or square toolages. the garish use of color. All colors shall be used in a harmonious fashion. 1 Not ibr ; construction, 6. Only signage of a high qualityappearance &construction shall be installed. No 'homemade' signs may be displayed on the premisis. Molded plastic letters and Generic looking signage shall not be installed under ...131 any circumstances. Page 6 of 6 Â©2 Plat (Lotting and Easements) Jobsite Address: 401 E. Dean St. FINAL PLAT OF: RESIDENCES AT LITTLE NELL SUBDIVISION/PUD SEC'1'ION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF '1'HE Gth P M 3 13 22 9 CITY OF ASPEN, COUNTY OF' PITKIN, STATE OF COLORADO 58.EELLQLE (LOTTING AND F.ASEMENTS) 1 4 . ... 1 3/LENA STREET 3Â·00/ ! , (49# ROW) a}Woo.N~(f~S K CALEN. PLACE m,NNOME CONDo*INiuus PUT BR 9 I . 20 ' PLAT RK *3 4 . ag N ,/504/ I ,00.- 1.1 1 9,1 :~12 ,â€¢ur *,C~,0 Pur I 1 1 ---- 31~KiÂ«Â·. FLAT SK 3 e FC 37e -Â·- r wu# |4 I N,I.'00 E \ '.1. AP#*:. Sin.tr<4/2Â£46< ,Â»~-g==-=.-=-nayf~-- --1-6- -ii--U/ik.*1/1~ F==7%=m -11 --: Â£19-Mr \ I ' LOT , .RS, AWD,DED \ m. M#CUHIAy-WAr \'.\'~"6.%~.~'-= \, v./ , I.M . s.â€¢Câ€¢3 1â€¢1.I' *..DIC"ler' PAM'.* ,1 - 7 43 i lar M nRIFT â€¢~ENDED \\\ ,501* 1 fSEEDmeA#,AM~o,~, I u #..UffAPÂ°& g. .Â·9*.-WZ'U:~faÂ·'~ UnUTT EASEMENT =irm:elÂ©' *,1-', --.-w- sii/,rws, Usg,m 6 41\ 4 1%.li ..... ... mu â€¢ ) h ./.7,17% Is /Â· 4% 11 0 I. i. RES{DENCES Al UrnE Au ./BDivisic//MI M.= p..,Â£~s ~ *,~, â€ž~c ~ i.:â€žj 1% T Duâ€¢Câ€¢-0 t nâ€¢,r orr cr' 'SP.M N BE I., C. ./.\ LOT 3 .RSÂ·r AMENDED Â· \ . R e pAâ€¢ r O, r///U â€¢og- N. 7 ' I .1 Se#/F/S/ON 3 2:49:3--' 2- 2. 43 9% t \\ 4,2 i Â¢/0 LS r'.1 \ \'\. . N./.0'06- E . Â·cair ; .â€¢ 0/ P 43'Ar# %% g L te u C-0 Ll .1+21 \ 34,1 92 COMPANY . .-W=,1-721 , =PrmA' Ab 1& I -Jfy CAk- ~ ':':::36,1/ rm'Â·*=. i ?E:a.~.~'a\ 1 61 1, '5Â¢Z *2Al1Â¢~1 P~A~*I 1\171 I -it.uni 1 '1% 1 -. - .- .- , 7 1 - \ 1 01 ;: *ri 4nl"r ~-. :ti ~=.p*40:1 i I , 1. I .....â€ž-' 1\ ./-50 4/ 1 6152' 1 .- . 1 51,19' . / 4% 4 .72 1 1 1 1 % .., T. 12 L 10/ 3 FIRS'AMENDED PLAT OF t,ST 2 FIRST AMENDED PLAT IF lf,TU .11 SUSD,Â¥FS,ON .'i' v i J~ Câ€¢srâ€¢n" *00 ow I m#CN UTTLE NELL SUDDIVISION :27:~AP:BAC 9*J D,Ar,Urn, Nâ€žI I#.IlllII#11[11111!Irlill =:, GRAPHIC SCALE - le .... 1 ..9. 4 SOPRIS ENGINEERING - LLC MARK S. RECKLER'~ 5.~ LE *Â¥/3 A M I /,trr ] CIVIL CONSULTANTS .'. t.....c y 502 MAIN STREET, SUITE AS 4 Â· *; Â©Yaseen Design Studio, u-c Â·434 Turner Drive Â· Durango, Colorado 31303Â· v 970.247.4467 Â· f 970.385.400 Â·CREATIVE RIGHTS RESERVEDÂ· I . 0 4-1 Â·V ' ' ,cyr r r ~1 7 - ~ 2 ~ 1. Â·f / IDES|Gn j; / ,Â« .0- 'Giving shape to ideas... RESIDENCES AT THE LITTLE NELL ~ Proposed Master Sign Plan v2.3 EXTERIOR SIGN SYSTEM April 17,2009 }kiecn De.vign Smdio., 1 434 Turner Drive Durange. Colorado 31303 USA v 970.247.4467 f 970.335.4005 1 2, writ l),Â·signy/vitio. 47,m y 41*fmnfici.,lri 87AstErÂ¢3 . ... Frontage @ Property Line: 214'-4" Y3 "2.-745#FEE] 3 PROPOSED EXTERIOR SIGNAGE LOCATIONS - North Elevation Total aggregate square footage requested: (,3/ I,MiwlÂ·".k,i,1. 66.25 st Divided onto 6 5eperate & distinct PERMIT Project Address: 501 E. Dean St. storefront elevations. [ A through F ] sue=Ir'rn A B I C I DJ E I AM|IOL- l [GEND 1 CG-'t 1 1.7 - - . 3 F ' - - 1 F .-- 1Â·........ 1 Yexcen Design Studio \ 434 Turner Di 1. 31(JN TYPE I Dumngo, Colon V,PEd 81303 i. 1. 1 ~ 7 r[ 11 11 1 d.~44)mtine' J _ | f 970.23.4 1 1 1~== r.-,Â·IER -4-, -=41 4 m 119,1'f : IFT"8 : 1 .- 1% M 4 --1-)-*--s:->~ j, Resldencei atthe Uttle Nell r 'NU~lullu*== 1 1 501 South Dean litree~ - 2V '--B3*-i.X--4- ' ANen. Colo,ado .//#:SE,EE</Siffs.344442; MI 1 ~ 11,11 31) : 9 , 9[ -0 1 ~ 0 , \\ 0 El-7144UJ: ~Â®Un E !61291-111\1(i m.j Ililuu[I[Ill'J~PU11[l']11Ulll]Ull 'l,%41:3ij ".,1~. . /21 139 + l>te-Â¢941'<M11% Compreher,5Ive Exteri _ Master Sign Plan 4 F-L_lt- I+J Â· 142:.k ........ (-29 mdr-E,-att)7,;4311111Â£30 2.Â·cÂ»f--11771?311-1=..L.|~I~~:~.trz .*49//1#1. ; t. r 1 ~~ilÂ·UKA) : ~1{NmEEIIEIFWi~~12-2 - -- 42* _c-32%!Z* .- 9 1 7 April 0 1 fill mI ,-1 _ * A ! 5---- 1 1- 1 1 Z:gle:%41 -1 1 -EE-EE-EEE--pE-a e - - -â€ž -- -1 A | | 1-his piÂ·opi,sed , Alaster Sign Plan luis been prepared for communicatint ~ 1 p signage ly-pes, v- 1 j / 41.-_-4---q-Â¤ Ee eml.,. El l m 101 i - placement anti applicable I f 4 square thotages 1 :- , U 14.AN VIEW ~ ' 1 | ~~~~~ ~ ' 1 NORTH ELEVATION ~ 1 Not for - construction. 1 1 \1 1 41 9 1 11 57 1 1 1 1 1 Page 2 of 6 Â©20 ... Proposed Sign Size: 1 ~ '.7., Lf , 'Â·Â·jit:g Wii:pc/u i.i:- 60" x 24" = 10 SF PERMIT 1 SUBMITT. Cut out logo shapes Â· individually textured and 431 Turner D Y.seen Design St.di, Duringo, Coloi background pannel. 81303 i patinaed / placed behind j d.'*dron fir 44444 #0 1@* ITAAITI White LED halo lighting , 970.247. Il N. behind sign f 970385. |197#1-11~liÂ·ill 1 0, lili'lll_Ultlii Ml .1...diÂ£ 1.1-i.UCH'f . â€žr,1'u ' -- ' 3~~~ Brushed t Reâ€¢'-'encetatthe'-â€¢flellell * - I Ii I - W~~~. - -..'#.*.109 -=~-W.#+- . i.il. / ... .-. -.-- -. - - . -1 Aluminum Â·.En - 3 &/ L-./-~ - - N fOl i~ rlstrel - '+-- 2 V, ...1........ ... Â· Primary Identikation 1 -4-41 1 ~ It [3 2 111111 i . North Elevation -~ ~ yt]M-~iv~i~--i~1[111111:[IT[Bljjj 1 -{ I./ Im f -ifi - I 1 - 4 'JE j'r,FUU"r k.':ia Mfi * by'll' 1 ubli W.:2 " i ill Lill 11 Lil ILLJ L.1,:.11118']1111111-11 1; â€ž&@i:lk M.-1 1 * .1.1:"ll 111,/ 60" v:13 17 April /14 //11-/ 1-his proposed - R= 11 1 1 1 11 1 ' 1!111 1,;11 9-1Â®{12 Master Sign Plan --4-- -- 59,1 RESIDENCES has been prepa iÂ·cd 1 . AT THE 1.1'r'ILE NELL for cominuiticatin signage types, placement and 144" 24" applicable square footages. 1 Constructlon. N. 124" ~ Page 3 016 Â©2(1 24 1 1 ./ Frontage @ Property Line: 245'-3" 1 1 e. 1 PROPOSED EXTERIOR SIGNAGE LOCATIONS - West Elevation 1 Total aggregate square footage I Project Address: 501 E. Dean St. I | allowed for this Elevation: 20 s,f. 1 1 ..:9' .......~.........-'' . 135f Requested : L, PERIl, ; SYMPOI. I EOENO D SUBMITTI i > Â·aN NUMS., 1 ' R Â©i- -.IW-n'Â°- ~ i k It'll/Al: 2 1 ' : 1 434 Turner D - f , 1 0 - 1 Durange, 0/01 STONE Joll, ' 1 1- -1 -1\ }liseen Design StÂ«(li ..1/0 111 0 YI .,2.16__~ t 4 61---100%//01/IL I '-/'.\. D/,1.1 4 .IZEZE SLOPE; - + I 1 81./0.4 k 1, 1 ~ F-?2 -2- I + 1 401 b lÂ« 1,-.- 1 f 970.385. >die.fninue v 970.347. 1 41.11111'111111:ilili : 3 117 - 1 4._1" 1 1 - UPâ€žâ€žâ€ž,.â€ž.mmm---. p _:=-_-"u - 1 -_2Â»3100 -]t__-Â»*i-liny-go_]-j 0 Redat, Little,Â«eli, *Wt--- 501 '.,outli D/in Street Aspen. (:cikirado 9 . OPEN TO - 1 U 1 I + 4.62 1- 1 $ PORTE COCHERE -1- - 12- 326 1 1 4. OPEN -~_-23 Ti~f OPEN TO | ilil : Comprehenswe Exter RAMP/LOADING ~ 1 Master Sign Plan --1-- â€¢ --1 -11 1... DOCK 8.Â·: M ~nt:;â„¢ i ... m A. 1 + - '.------1.1 Â¥ 1 -* .\1.4. I 1 - 1 e/lk~r. .~, ADDITIONAL ELEVATION NOT SHOWN -1 1 v23 F April R. 1 :-I, 1 1 t,â€¢ 60" ~ ~ 7 rprr// 4.-' \ / ~ ~Â· PLAN VIEW 1 This proposed PORTE COCHERE ALCOVE Master Sign Mon RES.ENÂ¢:A i has been prepared tr-11- Ibr Commitnicatin 24Â·' '1 signage types. placement and 8 square tootages. Â£*r-- ~ construction. r--3 ~ PLAN VIEW Not fi,i ~*Â¥7 1 # BUILDING FACADE 1/Â·=1 2_- n- ]Cul. F'age 4 016 Â©20 '~Â§ pl--1-/Â·:Â·m. - ir'')V': .,20 0,. ~i~ 0 0 DEVELOPMENT ORDER City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site-specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three (3) -year vested properly right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless the change is accomplished or a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site-specific development plan as described below. ProDertv Owner's Name, Mailing Address and telephone number: Residences at Little Nell, 501 E Durant Avenue, Aspen, CO represented by Sunny Vann, Vann Associates LLC, 230 East Hopkins Avenue, Aspen CO 8161,925-6958 Legal Description and Street Address of Subiect Propertv: Lot 1, The Residences at Little Nell Subdivision, City of Aspen, Pitkin County, Colorado, Residences at Little Nell Planned Unit Development (PUD), commonly known as 501 East Durant Ave, City and Townsite of Aspen, Pitkin County, Colorado Written Description of the Site Specific Plan and/or Attachment Describing Plan: An Insubstantial Amendment to The Residences at Little Nell Planned Unit Development (PUD), commonly known as 501 East Durant Ave, to allow for the approval of a Master Sign Plan. Land Use Approval Received and Dates: Administrative approval granted May 29,2009. Effective Date of Development Order: June 7,2009. (Same as date of publication of notice ofapproval.) Expiration Date of Development Order: - June 7, 2012, (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) x Issued this 298 day of May 2009, by the City of Aspen Community Development Director. 0446 Chris Bendon Community Development Director City of Aspen 24 l.Â· 7.- ~' co -4 9~ 1-,21_--Cl Zi! 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E I 6.95' .NI 1.- 7 c L. GCE 13.20' LCE F ESTIBULE] v\ 1 [SKI LOCKERS] 01 j .--1-4 13.19' tabblesÂ· -4 -- 1 1 111 124610 1 1 15/ - n--- -20.or 2 r _1111 11- 14- 1 2 t: ; 1 -p.!O LCE Cl ~ (0 6 -. -I- ' -/*Lic) 1 I--33 m â€¢,A < Â£ 20.09' M \11 1 4:1 ] -------GCE[MECHANISAL]---- - - 1.-- -- - .......... < 1,1. 1 L.1 .ge. .09 Z 97 EXHIBI