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HomeMy WebLinkAboutLand Use Case.700 Ute Ave 0025.2013.ASLUC 025.2013 . ASLU 700 ute ave 273718244800 ASPEN ALPS SUBDIVISION/PUD OF • S J cT r, Z �Aw,,, d;,) lu r� U THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0025.2013.ASLU PARCEL ID NUMBERS 273718244800 PROJECTS ADDRESS 700 LITE, ASPEN, CO 81611 PLANNER JESSICA GARROW CASE DESCRIPTION ASPEN ALPS SUBDIVISION/PUD REPRESENTATIVE SUNNY VANN 925 6958 DATE OF FINAL ACTION 09/11/2013 CLOSED BY ANGELA SCOREY ON: 10/04/13 DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit application submittal is accepted and deemed complete by the Chief Building Official, 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. The Aspen Alps Condominium Association 700 Ute Ave Aspen, CO 81611 Property Owner's Name, Mailing Address Legal Description attached as Exhibit A• commonly known as The Aspen Alps, 700 Ute Ave, Aspen CO 81611 Legal Description and Street Address of'Subject Property Subdivision PUD and Rezoning, establishing all existing dimensions as conforming. Written Description of the Site Specific Plan and/or Attachment Describing Plan Approval by the Cityof Aspen City Council of a Subdivision PUD and Rezoning via Ordinance 34, Series 2013 on 9/9/2013 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) September 19, 2013 Effective Date of Development Order (.Same as date of publication of notice of approval.) September 19 2016 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this lath day of Sept mber, 2013, by the City of Aspen Community Development Director. Chris Bendon, Community Development Director Exhibit A: Aspen Alps Condominiums Legal Description Parcel 1: Building 100, Aspen Alps, according to the Condominium Declaration for Aspen Alps recorded December 11, 1963 in Book 205 at Page 145, as amended, and according to the Condominium Map recorded January 8, 1964 in Plat Book 2a at Page 308, County of Pitkin, State of Colorado; Parcel 2: Building 200, Aspen Alps West, according to the Condominium Declaration for Aspen Alps West recorded March 15, 1965 in Book 212 at Page 83, as amended, and according to the Condominium Map Recorded March 17, 1965 in Plat Book 3 at Page 26, Amendment No 1 Recorded February 25, 1992 in Plat Book 28 at Page 69, Second Supplemental Condominium Map Recorded July 26, 2002 in Plat Book 61 at Page 40, Third Supplemental Condominium Map Recorded October 12, 2010 in Plat Book 94 at Page 90, County of Pitkin, State of Colorado; Parcel 3: Building 300, 400, 500, Aspen Alps South Condominiums, according to the Condominium Declaration for Aspen Alps South Recorded December 1, 1965 in Book 217 at Page 189, and The First Supplement Recorded January 6, 1969 in Book 238 at Page 804, and according to The Condominium Map Recorded December 10, 1965 in Plat Book 3 at Page 54, and First Supplement Recorded December 10, 1969 in Plat Book 3 at Page 373, Second Supplement Recorded April 14, 2005 under Reception No. 508992, County of Pitkin, State of Colorado. Parcel includes a portion of Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6th Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded in Plat Book 36 at Page 94); Parcel 4: Building 700, Aspen Alps South Condominiums, according to the Condominium Declaration for Aspen Alps South recorded December 1, 1965 in Book 217 at Page 189, and The First Supplement Recorded January 6, 1969 in Book 238 at Page 804, and according to the Condominium Map recorded December 10, 1965 in Plat Book 3 at Page 54, and First Supplement Recorded December 10, 1969 in Plat Book 3 at Page 373, Second Supplement recorded April 14, 2005 under Reception No. 508992, County of Pitkin, State of Colorado. Parcel includes a portion of Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6`h Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded at Plat Book 36 at Page 94); Parcel 5: Building 800, Aspen Alps North Condominiums, according to The Condominium Declaration For Aspen Alps North recorded January 31, 1973 in Book 271 at Page 967, and the Amendment recorded June 4, 1973 in Book 276 at Page 393, and Agreement to Amend Condominium Declaration for Aspen Alps North Condominiums recorded October 19, 1993 in Book 727 at Page 437, and Agreement to Amend Condominium Declaration for Aspen Alps North Condominiums recorded October 19, 1993 in Book 727 at Page 457, and according to The Condominium Map recorded January 31, 1973, in Plat Book 4 at Page 353, and First Supplemental Condominium Map recorded October 19, 1993 in Plat Book 32 at Page 87, and Second Supplemental Condominium Map recorded October 19, 1993 in Plat Book 32 at Page 88, County of Pitkin, State of Colorado; Parcel 6: Lot 2a, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat of the George P. Mitchell and H.A. Bornefield, Jr Property, according to The Plat Thereof recorded September 3, 1992 under Reception No. 348317, County of Pitkin, State of Colorado. Parcel includes Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6`h Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded in Plat Book 36 at Page 94); Parcel 7: Lot 2b, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat of the George P. Mitchell and H.A. Bornefield, Jr Property, according to The Plat Thereof recorded September 3, 1992 under Reception No. 348317, County of Pitkin, State of Colorado; and Parcel 8: A Tract of Land Situated in The West One -Half of The Northwest One -Quarter of Section 18, Township 10 South, Range 84 West of The 6`h P.M., County of Pitkin, State of Colorado, described as follows: Beginning At The Most Southwesterly Corner of That Tract of Land Shown On The Condominium Map of Aspen Alps North Recorded in Plat Book 4 At Page 353, From Whence Corner No. 9 of Aspen Townsite Bears North 10*06'00" East 239.97 Feet and North 39*57'22" West 403.50 Feet; Thence Along The Southerly Line of Said Tract of Land South 79*05'00" East 35.72 Feet; Thence South 20* 15'00" East 11.00 Feet; Thence South 03*30'00" East 12.50 Feet To Line 5-6 of The M&Y Lode, United States Mineral Survey No. 3921; Thence Along Line 5-6 of Said M&Y Lode South 44*59'00" West 67.87 Feet To Line 3-4 of The Millionaire Lode, United States Mineral Survey No. 3620a; Thence Along Line 3-4 of Said Millionaire Lode North 04*30'00" East 55.20 Feet To Corner No. 4 of Said Millionaire Lode; Thence North 10*06'00" East 22.97 Feet To The Point of Beginning. PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to tie oeneral public of the approval of a site specific development p'r8n, vr! the creation of a Jested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertain- ing to the property commonly known as The Aspen Alps by order of the City of Aspen City Council on September 9, 2013 via Ordinance 34, Series of 2013. The Applicant received approval for a PUD, Subdivision, and Rezoning to establish that all ex. isting development and dimensions are conform- ing. The property is legally described as: Parcel 1: Building 100, Aspen Alps, according to the Condominium Declaration for Aspen Alps re- corded December 11, 1963 in Book 205 at Page 145, as amended, and according to the Condo. minium Map recorded January 8. 1964 in Plat Book 2a at Page 308, County of Pitkin, State of Colo. rado; Parcel 2: Building 200, Aspen Alps West, accord- ing to the Condominium Declaration for Aspen Alps West recorded March 15, 1965 in Book 212 at Page 83. as amended, and according to the Con- dominium Map Recorded March 17, 1965 in Plat Book 3 at Page 26, Amendment No 1 Recorded February 25, 1992 in Plat Book 28 at Page 69, Second Supplemental Condominium Map Record- ed July 26. 2002 in Plat Book 61 at Page 40, Third Supplemental Condominium Map Recorded Octo- ber 12, 2010 in Plat Book 94 at Page 90, County of Pitkin, State of Colorado: Parcel 3: Building 300, 400, 500. Aspen Alps South Condominiums, according to the Condominium Declaration for Aspen Alps South Recorded De- cember 1, 1965 in Book 217 at Page 189, and The First Supplement Recorded January 6, 1969 in Book 238 at Page 804, and according to The Con- dominium Map Recorded December 10, 1965 in Plat Book 3 at Page 54, and First Supplement Re- corded December 10, 1969 in Plat Book 3 at Pagge 373, Second Supplement Recorded April 14, 22 under Reception No. 508992, County of Pitkin, State of Colorado. Parcel includes a portion of Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6th Principal Meridi- an, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33. per Bureau of Land Manage- ment Supplemental Plat, Dated 1995, Recorded in Plat Book 36 at Page 94); Parcel 4: Building 700. Aspen Alps South Condo- miniums, according to the Condominium Declara- tion for Aspen Alps South recorded December 1, 1965 in Book 217 at Page 189, and The First Sup- plement Recorded January 6, 1969 in Book 238 at Page 804, and according to the Condominium Map recorded December 10. 1965 in Plat Book 3 at Page 54. and First Supplement Recorded Decem. ber 10, 1969 in Plat Book 3 at Page 373, Second Supplement recorded April 14, 2005 under Recep- tion No. 508992, County of Pitkin, State of Colo- rado. Parcel includes a portion of Government Lot 42. Section 18, Township 10 South, Range 84 West of The 6th Principal Meridian, County of Pit - kin, State of Colorado (Lot 42 merged with Lot 33. per Bureau of Land Management Supplemental Plat. Dated 1995, Recorded at Plat Book 36 at Page 94); Parcel 5: Building 800, Aspen Alps North Condominiums, according to The Condominium Declaration For Aspen Alps North recorded January 31, 1973 in Book 271 at Page 967, and the Amendment recorded June 4, 1973 in Book 276 at Page 393, and Agreement to Amend Con- dominium Declaration for Aspen Alps North Con- dommums recorded October 19, 1993 in Book 727 at Page 437, and Agreement to Amend Condo- minium Declaration for Aspen Alps North Condominiums recorded October 19, 1993 in Book 727 at Page 457, and according to The Condominium Map recorded January 31, 1973, in Plat Book 4 at Page 353, and First Supplemental Condominium Map recorded October 19, 1993 in Plat Book 32 at Page 87, and Second Supplemental Condominium Map recorded October 19, 1993 in Plat Book 32 at Page 88, County of Pitkin, State of Colorado; Parcel 6: Lot 2a, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat of the George P. Mitchell and H.A. Bornefield, Jr Property, according to The Plat Thereof recorded September 3, 1992 under Reception No. 348317, County of Pitkin, State of Colorado. Parcel includes Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6th Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Man- agement Supplemental Plat, Dated 1995, Recorded in Plat Book 36 at Page 94); Parcel 7: Lot 2b, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plet of the George P. Mitchell and H.A. Bornefield, Jr Property, according to The Plat Thereof recorded September 3, 1992 under Reception No. 348317, County of Pitkin, Slate of Colorado; and Parcel 8: A Tract of Land Situated in The West One -Half of The Northwest One -Quarter of Section 18, Township 10 South, Range 84 West of The 6th P.M., County of Pitkin, State of Colorado, described as follows: Beginning At The Most Southwesterly Corner of That Tract of land Shown On The Condominium Map of Aspen Alps North Recorded in Plat Book 4 At Page 353, From Whence Corner No. 9 of Aspen Townsite Bears North 10:4644=East 239.97 Feet and North 39'57'22' West 403.50 Feet; Thence Along The Southerly Line of Said Tract of Land South 79'05'00' East 35.72 Feet; Thence South 20'15'00* East 11.00 Feet; Thence South 03'30'00' East 12.50 Feet To Line 5-6 of The May Lode, United States Mineral Survey No. 3921, Thence Along Line 5-6 of Said May Lode South 44.59'00' West 67.87 Feet To Line 3-4 of The Millionaire Lode, United States Mineral Survey No. 3620a; Thence Along Line 3-4 of Said Millionaire Lode North 04'30'00' East 55.20 Feet To Corner No. 4 of Said Millionaire Lode; Thence North 10'06'00' East 22.97 Feet To The Point of Beginning. For further information, contact Jessica Garrow at the City of Aspen community Development 4429 rr alena St., 2780, jesslca.garrowacityof Aspen, CO,(970) corn 5/ AM of Aspen Published in the Aspen Times Weekly on September 19. 2013. [95536501 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: r ` Aspen, CO STATE OF COLORADO ) ss. County of Pitkin ) 1, 2 ✓ LQ m t Wn NU IN4 ( 0 (name, please print) being or representing aZApplicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official Paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signature The foregoing"Affidavit of Notice" was acknowledged before e this "day of o,+,�A per_, 20L�,by WITNESS MY HAND AND OFFICIAL SEAL My commission expires: l�J-t_ Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the property commonly known as The Aspen Alps by order of the City of Aspen City Council on September 9, 2013 via Ordinance 34, Series of 2013. The Applicant received approval for a PUD, Subdivision, and Rezoning to establish that all existing development and dimensions are conforming. The property is legally described as: Parcel 1: Building 100, Aspen Alps, according to the Condominium Declaration for Aspen Alps recorded December 11, 1963 in Book 205 at Page 145, as amended, and according to the Condominium Map recorded January 8, 1964 in Plat Book 2a at Page 308, County of Pitkin, State of Colorado; Parcel 2: Building 200, Aspen Alps West, according to the Condominium Declaration for Aspen Alps West recorded March 15, 1965 in Book 212 at Page 83, as amended, and according to the Condominium Map Recorded March 17, 1965 in Plat Book 3 at Page 26, Amendment No 1 Recorded February 25, 1992 in Plat Book 28 at Page 69, Second Supplemental Condominium Map Recorded July 26, 2002 in Plat Book 61 at Page 40, Third Supplemental Condominium Map Recorded October 12, 2010 in Plat Book 94 at Page 90, County of Pitkin, State of Colorado; Parcel 3: Building 300, 400, 500, Aspen Alps South Condominiums, according to the Condominium Declaration for Aspen Alps South Recorded December 1, 1965 in Book 217 at Page 189, and The First Supplement Recorded January 6, 1969 in Book 238 at Page 804, and according to The Condominium Map Recorded December 10, 1965 in Plat Book 3 at Page 54, and First Supplement Recorded December 10, 1969 in Plat Book 3 at Page 373, Second Supplement Recorded April 14, 2005 under Reception No. 508992, County of Pitkin, State of Colorado. Parcel includes a portion of Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6`h Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded in Plat Book 36 at Page 94); Parcel 4: Building 700, Aspen Alps South Condominiums, according to the Condominium Declaration for Aspen Alps South recorded December 1, 1965 in Book 217 at Page 189, and The First Supplement Recorded January 6, 1969 in Book 238 at Page 804, and according to the Condominium Map recorded December 10, 1965 in Plat Book 3 at Page 54, and First Supplement Recorded December 10, 1969 in Plat Book 3 at Page 373, Second Supplement recorded April 14, 2005 under Reception No. 508992, County of Pitkin, State of Colorado. Parcel includes a portion of Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6th Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded at Plat Book 36 at Page 94); Parcel 5: Building 800, Aspen Alps North Condominiums, according to The Condominium Declaration For Aspen Alps North recorded January 31, 1973 in Book 271 at Page 967, and the Amendment recorded June 4, 1973 in Book 276 at Page 393, and Agreement to Amend Condominium Declaration for Aspen Alps North Condominiums recorded October 19, 1993 in Book 727 at Page 437, and Agreement to Amend Condominium Declaration for Aspen Alps North Condominiums recorded October 19, 1993 in Book 727 at Page 457, and according to The Condominium Map recorded January 31, 1973, in Plat Book 4 at Page 353, and First Supplemental Condominium Map recorded October 19, 1993 in Plat Book 32 at Page 87, and Second Supplemental Condominium Map recorded October 19, 1993 in Plat Book 32 at Page 88, County of Pitkin, State of Colorado; Parcel 6: Lot 2a, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat of the George P. Mitchell and H.A. Bomefield, Jr Property, according to The Plat Thereof recorded September 3, 1992 under Reception No. 348317, County of Pitkin, State of Colorado. Parcel includes Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6`h Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded in Plat Book 36 at Page 94); Parcel 7: Lot 2b, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat of the George P. Mitchell and H.A. Bornefield, Jr Property, according to The Plat Thereof recorded September 3, 1992 under Reception No. 348317, County of Pitkin, State of Colorado; and Parcel 8: A Tract of Land Situated in The West One -Half of The Northwest One -Quarter of Section 18, Township 10 South, Range 84 West of The 6`h P.M., County of Pitkin, State of Colorado, described as follows: Beginning At The Most Southwesterly Corner of That Tract of Land Shown On The Condominium Map of Aspen Alps North Recorded in Plat Book 4 At Page 353, From Whence Corner No. 9 of Aspen Townsite Bears North 10*06'00" East 239.97 Feet and North 39*57'22" West 403.50 Feet; Thence Along The Southerly Line of Said Tract of Land South 79*05'00" East 35.72 Feet; Thence South 20* 15'00" East 11.00 Feet; Thence South 03*30'00" East 12.50 Feet To Line 5-6 of The M&Y Lode, United States Mineral Survey No. 3921; Thence Along Line 5-6 of Said M&Y Lode South 44*59'00" West 67.87 Feet To Line 3-4 of The Millionaire Lode, United States Mineral Survey No. 3620a; Thence Along Line 3-4 of Said Millionaire Lode North 04*30'00" East 55.20 Feet To Corner No. 4 of Said Millionaire Lode; Thence North 10*06'00" East 22.97 Feet To The Point of Beginning. For further information, contact Jessica Garrow at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2780, jessica.garrow@cityofaspen.com. s/ City of Aspen Publish in The Aspen Times on September 19, 2013 • ORDINANCE NO. 34, (SERIES OF 2013) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT, REZONING TO PUD, AND SUBDIVISION FOR THE PROPERTY LOCATED AT 700 UTE AVE (THE ASPEN ALPS CONDOMINIUMS), LEGALLY DESCRIBED IN EXHIBIT A TO THIS ORDINANCE. Parcel ID: 2 73 7-182-6 7-800 WHEREAS, the Community Development Department received an application from The Aspen Alps Condominiums Homeowners Association, represented by Sunny Vann of Vann Associates requesting a Planned Unit Development (PUD) Amendment, Subdivision, and Rezoning to memorialize the existing improvements at the Aspen Alps Condominiums and establish a single PUD for the entire project; and, WHEREAS, the property is zoned Lodge (L) with a Planned Unit Development (PUD) Overlay on Parcels 4 and 7 and portions of Parcels 3 and 6 ; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application; and, WHEREAS, during a duly noticed public hearing on June 11, 2013, continued to July 18, 2013, and August 6, 2013, the Planning and Zoning Commission approved Resolution No. 18, Series of 2013, by a three to two (3 — 2) vote, recommending City Council deny PUD, Subdivision, and Rezoning reviews; and, WHEREAS, on August 26, 2013 the Aspen City Council approved Ordinance No. 34, Series 2013, on First Reading by a four to zero (4-0) vote, approving with conditions PUD, Subdivision, and Rezoning reviews; and, WHEREAS, during a public hearing on September 9, 2013, the Aspen City Council approved Ordinance No. 34, Series 2013, by a four to zero (4-0) vote, approving with conditions PUD, Subdivision, and Rezoning reviews; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: RECEPTION#: 603648, 09/16/2013 at Ordinance No 34, Series 2013 10:11:19 AM, Pagel of 6 1 OF 6, R $36.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO • is _Section 1: Approval Pursuant to the procedures and standards set forth in Aspen City Council approves a PUD, Subdivision, legally described in Exhibit A to this Ordinance. Title 26 of the Aspen Municipal Code, The City of and Rezoning for the Aspen Alps Condominiums, Section 2: Dimensions The existing dimensions on a unit and project -wide basis are memorialized by this approval. Any changes to the building dimensions will require a PUD Amendment, pursuant to the Land Use Code in effect at the time. All dimensions shall be documented in the Final PUD Documents. The applicant has not indicated exact heights as part of the land use application. These are required to be included as part of the Final PUD Documents. Approved dimensions are outlined in Exhibit B to this Ordinance. Section 3: Plat and Aereement The Applicant shall record a PUD/subdivision agreement and PUD/subdivision plat that meets the requirements of Land Use Code Chapter 26.480. Subdivision, within 180 days of this approval. Section 4: Affordable Housine Deed restrictions for the three (3) affordable housing units shall be recorded before or simultaneously with recordation of the Final PUD and Subdivision Documents. Section 5: Utilities All utility easements shall be updated to ensure the utility line is located within proper easements. Any water lines not located in a Right of Way shall require an easement. Twenty (20) foot easements are preferred, and required to the extent the existing development can accommodate them. All sewer lines shall be located within easements acceptable to the ACSD, including the main line located in Alps Road and all extensions into the property. Section 6: Code Compliance Any future development or redevelopment in the Aspen Alps PUD is required to comply with all rules and regulations in place at that time, including but not limited to fire, stormwater, building, water, sanitation, and trash requirements. Section 7: Material Representations All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 8• This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 9• If any s:,etion, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Ordinance No 34, Series 2013 Page 2 of 6 Section 9: Vested Rights The development approvals granted herein shall be vested for a period of three (3) years from the date of issuance of the Development Order. No later than fourteen (14) days following the final approval of all requisite reviews necessary to obtain a Development Order as set forth in this ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 700 Ute Avenue (Aspen Alps)., City of Aspen, CO, by Ordinance No. 34 Series of 2013, of the Aspen City Council. Section 10: A public hearing on this ordinance shall be held on the 90'day of September, 2013, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, y theCity Council c City of Aspen on the 26th day of August, 2013. ATTEST: Kath�nS.,,��ch,'City FINALLY, adopted, passed and approved this 9th day of September, 2013. ATTEST: APPROVED AS TO FORM: Kathryn S. l fy , City Clerk ��Jam-e's R. True, City Attorney Exhibit A: Legal Description of The Aspen Alps Condominiums Exhibit B: Approved Dimensions ron, teN en Skadron, Mayor Ordinance No 34, Series 2013 Page 3 of 6 Exhibit A: Aspen Alps Condominiums Legal Description Parcel 1: Building 100, Aspen Alps, according to the Condominium Declaration for Aspen Alps recorded December 11, 1963 in Book 205 at Page 145, as amended, and according to the Condominium Map recorded January 8, 1964 in Plat Book 2a at Page 308, County of Pitkin, State of Colorado; Parcel 2: Building 200, Aspen Alps West, according to the Condominium Declaration for Aspen Alps West recorded March 15, 1965 in Book 212 at Page 83, as amended, and according to the Condominium Map Recorded March 17, 1965 in Plat Book 3 at Page 26, Amendment No 1 Recorded February 25, 1992 in Plat Book 28 at Page 69, Second Supplemental Condominium Map Recorded July 26, 2002 in Plat Book 61 at Page 40, Third Supplemental Condominium Map Recorded October 12, 2010 in Plat Book 94 at Page 90, County of Pitkin, State of Colorado; Parcel 3: Building 300, 400, 500, Aspen Alps South Condominiums, according to the Condominium Declaration for Aspen Alps South Recorded December 1, 1965 in Book 217 at Page 189, and The First Supplement Recorded January 6, 1969 in Book 238 at Page 804, and according to The Condominium Map Recorded December 10, 1965 in Plat Book 3 at Page 54, and First Supplement Recorded December 10, 1969 in Plat Book 3 at Page 373, Second Supplement Recorded April 14, 2005 under Reception No. 508992, County of Pitkin, State of Colorado. Parcel includes a portion of Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6`h Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded in Plat Book 36 at Page 94); Parcel 4: Building 700, Aspen Alps South Condominiums, according to the Condominium Declaration for Aspen Alps South recorded December 1, 1965 in Book 217 at Page 189, and The First Supplement Recorded January 6, 1969 in Book 238 at Page 804, and according to the Condominium Map recorded December 10, 1965 in Plat Book 3 at Page 54, and First Supplement Recorded December 10, 1969 in Plat Book 3 at Page 373, Second Supplement recorded April 14, 2005 under Reception No. 508992, County of Pitkin, State of Colorado. Parcel includes a portion of Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6`h Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded at Plat Book 36 at Page 94); Parcel 5: Building 800, Aspen Alps North Condominiums, according to The Condominium Declaration For Aspen Alps North recorded January 31, 1973 in Book 271 at Page 967, and the Amendment recorded June 4, 1973 in Book 276 at Page 393, and Agreement to Amend Condominium Declaration for Aspen Alps North Condominiums recorded October 19, 1993 in Book 727 at Page 437, and Agreement to Amend Condominium Declaration for Aspen Alps North Condominiums recorded October 19, 1993 in Book 727 at Page 457, and according to The Condominium Map recorded January 31, 1973, in Plat Book 4 at Page 353, and First Supplemental Condominium Map recorded October 19, 1993 in Plat Book 32 at Page 87, and Second Supplemental Condominium Map recorded October 19, 1993 in Plat Book 32 at Page 88, County of Pitkin, State of Colorado; Parcel 6: Lot 2a, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat of the George P. Mitchell and I1.A. Bornefield, Jr Property, according to The Plat Thereof recorded September 3, 1992 under Reception No. 348317, County of Pitkin, State of Colorado. Parcel includes Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6`h Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded in Plat Book 36 at Page 94); Ordinance No 34, Series 2013 Page 4 of 6 Parcel 7: Lot 2b, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat of the George P. Mitchell and H.A. Bomefield, Jr Property, according to The Plat Thereof recorded September 3, 1992 under Reception No. 348317, County of Pitkin, State of Colorado; and Parcel 8: A Tract of Land Situated in The West One -Half of The Northwest One -Quarter of Section 18, Township 10 South, Range 84 West of The 61h P.M., County of Pitkin, State of Colorado, described as follows: Beginning At The Most Southwesterly Comer of That Tract of Land Shown On The Condominium Map of Aspen Alps North Recorded in Plat Book 4 At Page 353, From Whence Corner No. 9 of Aspen Townsite Bears North 10*06'00" Fast 239.97 Feet and North 39*57'22" West 403.50 Feet; Thence Along The Southerly Line of Said Tract of Land South 79*05'00" East 35.72 Feet; Thence South 20*15'00" East 11.00 Feet; Thence South 03*30'00" East 12.50 Feet To Line 5-6 of The M&Y Lode, United States Mineral Survey No. 3921; Thence Along Line 5-6 of Said M&Y Lode South 44*59'00" West 67.87 Feet To Line 3-4 of The Millionaire Lode, United States Mineral Survey No. 3620a; Thence Along Line 3-4 of Said Millionaire Lode North 04*30'00" East 55.20 Feet To Corner No. 4 of Said Millionaire Lode; Thence North 10*06'00" East 22.97 Feet To The Point of Beginning. Ordinance No 34, Series 2013 Page 5 of 6 U 0 Exhibit B: Approved Dimensions Unit Size (sq parcel building # / Parcel ST ft net Iivable Floor # common ( Grossrrent nits Height as depicted Area Setbacks (feet) Parking name Area) on recorded (sq ft) Spaces PUD Plans) Front — 4 1 100 Building .612 acres; 26,668 sf 16 2 story 1,133 1,515 21,559West East Side —11.5tl�3 off - Side —18e Rear — 20 200 Building, 10 2 story 1,213-1,537 Front — 13 2 Structure A 761 acres; North Side — 23.5 200 33,163 sf 24 100 South Side — 16 27 Building, 6 3 story 1,345-2,421 Rear — 13 Structure B 300 Front —19.5 Building 7 1,122-2,255 South Side —19 Rear— 22 8 off- 3 400 Building .971 acres; 42,286 sf 7 4 story 1,130-2,265 34,604 Front — 7.5 site (on Rear — 9.5 Parcel 6) 500 Front —14 Building 8 408-1,844 North Side — 7 _ Rear —9 Front — 8.5 12 off- 4 700 Building .312 acres; 13,612 sf 10 3 story 1,475 2,973 22,789 North Side — 4.5 site (on South Side — 5.5 Parcel Rear —13 6) 800 Building - 1 3 story 2,992 Structure A 800 Front — 55 5 Building - .514 acres; 4 4 story 1,695-1,876 18,866 East Side — 13.5 6 Structure B 22,393 sf West Side —11.5 Rear — 4 800 Building - 4 4 story 1,606-1,989 Structure C 6 Vacant Land 3.402 acres; N/A 148,182 sf Winter Building Front —17.5 7 (Parking, .122 acres; 3 2 story 775-854 NLA 6,289 East Side —14.5 69 Affordable 35,314 sf West Side — 20 Housing) Rear —10 8 Vacant Land •049 acres; N/A 2,126 sf Exact Height for each building and parcel shall be recorded as part of the Final PUD Documents. Ordinance No 34, Series 2013 Page 6 of 6 0 • MEMORANDUM TO: Mayor Skadron and Aspen City Council FROM: Jessica Garrow, Long Range Planner Justin Barker, Planner THRU: Chris Bendon, Community Development Director *A4 RE: 700 Ute Ave (Aspen Alps) — PUD, PUD Amendment, Rezoning, Subdivision Second Reading, Ordinance No. 34, Series of 2013 MEETING DATE: September 9, 2013 APPLICANT /OWNER: Aspen Alps Homeowners Association REPRESENTATIVE: Sunny Vann, Vann Associates LOCATION: 700 Ute Ave, Aspen Alps CURRENT ZONING: Lodge (L) with a Planned Unit Development (PUD) Overlay on Parcels 4 and 7 and portions of Parcels 3 and 6 PROPOSED ZONING: Lodge (L) with a Planned Unit Development (PUD) Overlay on Parcels 1-8 SUMMARY: The Applicant requests the existing improvements be memorialized by updating the PUD, and clarifying legal descriptions through a new Subdivision. In addition, utility easements are proposed to be upgraded to ensure utilities are located within easements. No new development is proposed. STAFF RECOMMENDATION: Staff recommends approval of the request. P&Z RECOMMENDATION: P&Z recommended 3:2 to deny the request. Photo: Alps location and picture of Alps 200 Building. Page 1 of 10 Aspen Alps PUD — Council 2°d Reading, 9.9.2013 • REQUEST OF CITY COUNCIL: The Applicant is requesting the following land use approvals: • PUD approval to add the PUD designation to the entire Aspen Alps property memorializing all existing improvements, pursuant to Land Use Code Chapter 26.445, Planned Unit Development. (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission.) • PUD Amendment to update the existing Planned Unit Development (PUD) to memorialize all existing improvements, pursuant to Land Use Code Chapter 26.445.100.13, Planned Unit Development Other Amendment. (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission.) • Subdivision approval to memorialize Parcels 1 — 8 as subdivided lots, pursuant to Chapter 26.480, Subdivision. (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission.) • Rezoning approval to establish a single PUD Overlay for the entire project area, pursuant to Chapter 26.310, Amendments to the Official Zone District Map. (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission.) COUNCIL QUESTIONS FROM FIRST READING: City Council raised a number of questions at first reading, which are highlighted below. 1. Are there any health or safety issues arising from the fact the buildings are non- conforming? Staff is not aware of any current issues threatening resident or visitor health and safety at the Alps. While the Aspen Alps Road is not ideal for fire access, the fire department is able to serve the Alps should a fire or other event make fire response necessary. The upper buildings are located on steep slopes, and if redeveloped or significantly remodeled will likely require mitigation efforts to address muflow, avalanche, and slope hazards. 2. How would this application impact the neighborhood? Approval of this application would have little impact on the overall neighborhood, as it does not permit any new development. The application locks the Alps into the existing dimensions, and any changes would require a land use review process. The Alps has been in existence since 1965, and has a number of agreements and easements with neighboring properties. These include parking easements, and agreements to prohibit new development on the existing vacant parcels. 3. How does this application impact the City's on -going lodging work? Does it help or hinder those efforts? From staff s perspective, this application does not negatively impact on the long-range lodging work currently underway. That project is focused on providing overall incentives for lodges and condominiums to remain in the short-term rental pool. As articulated in City Council's 2013 Top Ten Goals, the intent is to adopt a lodge incentive program by March 2014. The Alps' request does highlight an issue facing most of Aspen's condominiums: they were developed under codes in place 20 — 40 years ago, and as zoning has changed they have become Page 2 of 10 Aspen Alps PUD — Council 2" d Reading, 9.9.2013 0 0 legally established non -conformities. This makes any significant upgrades difficult or impossible under the current codes. One potential step in the lodge incentive program could be declaring some or all of Aspen's existing condominium complexes with a short-term rental history as conforming. Because it is unknown if that will be a part of any lodge incentive program, staff believes it is appropriate for any condominium complex to continue with their own planning process. In the case of the Alps, their internal planning process has resulted in this application. Because of the uncertainty of what codes may be changed or what new lodge incentive programs may include, it is understandable that the Alps would move forward with a request to memorialize the existing improvements. 4. Can staff provide more detail regarding the Planning and Zoning Commission's discussion and recommendation? The Planning and Zoning Commission was split on this application. Three (3) members voted to recommend denial of the application, and two (2) members voted to recommend approval of the application. Those in favor of the project focused on the fact that it is consistent with the code currently in place, and is consistent with the general direction of the City's lodging efforts. They felt that establishing a PUD would enable the Alps to continue with their internal long-term planning efforts while providing benefits to the City, including ensuring all utilities are located within legally recorded easements. They also felt that the Alps made a good -faith effort to submit a project that meets the code currently in place and they should not be punished because of potential code changes the City may or may not make at some undefined time in the future. Those against the project felt that the Alps should wait to see what happens with the City's lodging efforts. They felt this application is pre -mature given the on -going lodging conversation in the community and the intent to adopt some kind of lodging incentive program. One member indicated support for the Alps to memorialize the existing improvements, but was concerned that the PUD process was not appropriate for this application, stating that most PUDs are established as part of a new development application and this is more of a retro-active PUD in that is memorializes improvements made prior to PUD regulations. Another member was uncomfortable memorializing a project with so many dimensions that do not meet current codes. There was also some concern that a PUD enables a redevelopment to occur in the future. 5. What kind of outreach was done for this application? What was the HOA's process? The applicant is prepared to respond to these questions at Second Reading. In addition, a number of Alps owners, representing 34 units, have submitted letters in support of the application. These are included as Exhibit J. 6. What benefits are the owners gaining from this process? The applicant is prepared to respond to this question in more detail than staff at Second Reading. However, from staff s perspective, this application provides owners with important baseline data if they are interested in interior upgrades and remodels. The PUD will allow internal unit changes (remodels, not combination of units) without a land use review. In these circumstances an owner would simply apply for a building permit. All building permits require existing and proposed floor plans, which represent a cost to the owner. If the PUD is approved, all the existing floor plans will be recorded, so all owners have the benefit of using them instead of having to hire an architect to complete existing calculations for their unit as well as the entire building. The PUD regulations do not prohibit a PUD designation on previously developed land. Page 3 of 10 Aspen Alps PUD — Council 2nd Reading, 9.9.2013 • 0 7. What does the City gain through this PUD? What are the public benefits? Establishing a single PUD for the Alps will result in the City have more review authority than exists today. By locking in the precise dimensions of each building and the overall project, any deviation would require a PUD amendment. The degree of that amendment — administrative, minor, or major — would depend on the scope of the change. The PUD provides the City more flexibility and discretion in reviewing significant changes, such as replacing or relocating buildings. In addition, this application clarifies the record that a PUD Overlay exists over the entire Alps property, while establishing legally recorded utility easements and clarified lot legal descriptions. Finally, this PUD will contribute to the City's overall goal of maintaining the short-term rental base. The PUD establishes the dimensions, including those for front desk check -in, cleaning, maintenance, etc, which contribute to the Alps functioning as part of Aspen's short-term bed base. The elimination of these characteristics would require City Council review of a major PUD amendment. 8. What are the anticipated outcomes if a PUD is approved versus going through the non - conformities chapter? Establishing a PUD is much more predictable than relying on the non -conformities chapter. The PUD would enable the Alps to maintain the dimensions that exist today in perpetuity, regardless of zoning changes. The non -conformities chapter would require any existing non -conformity to be reviewed by the Planning & Zoning Commission via Special Review, and the Alps would be subject to any zone district changes over time. As a practical matter, the PUD or the non -conformities chapter results in the same thing — the Alps maintaining all existing dimensions. However, the PUD makes upgrades and maintenance much easier because it is allowed to occur without a subjective land use review. As a non- conformity, any time a building needs significant maintenance that triggers the code definition of demolition (for instance replacing roof or siding structure), a land use review is required to enable the structure and individual units to be maintained as is. BACKGROUND AND PROJECT SUMMARY: The applicant proposes to memorialize all existing improvements on Parcels 1-8 of the Aspen Alps Condominiums, and to update all utility easements to ensure utility lines are located within the appropriate easement. No new development is proposed as part of this application. Existing Conditions and History: The Aspen Alps, located at 700 Ute Avenue is comprised of 73 multi -family residential units, three (3) affordable housing units, and a parking garage. There are eight (8) different Alps parcels — two (2) are vacant and six (6) include improvements. A summary of the parcels and existing buildings are listed in Table 1, below: Page 4of10 Aspen Alps PUD — Council 2"d Reading, 9.9.2013 0 0 Table 1: Parcel and Development Descriptions parcel # Parcel Size (Gross Area) building # / common name Current # Units 1 .612 acres; 26,668 sf 100 Building 16 2 .761 acres; 33,163 sf 200 Building 16 3 .971 acres; 42,286 sf 300, 400, 500 Buildings 22 4 .312 acres; 13,612 sf 700 Building 10 5 .514 acres; 22,939 sf 800 Building 9 6 3.402 acres; 148,182 sf Vacant Land N/A 7 .122 acres; 35,314 sf Winter Building (Parking Garage, Affordable Housing) 3 8 .049 acres; 2,126 sf Vacant Land N/A The Aspen Alps were developed incrementally beginning in 1962. In fact, the Alps was the first condominium building in the State of Colorado. Building 100 was developed in 1962, Buildings 200 — 700 between 1965-1969, Building 800 in 1973, and the Winter Building in 2002. Note there is no 600 Building. Individual condominium maps and declarations were created as each phase of the Aspen Alps was constructed and sold. The recorded condominium plats are the current basis for the existing legally described parcels. Because a majority of the Alps was developed before modern subdivision regulations, the applicant is requesting a Subdivision Review to more clearly establish the existing parcel boundaries and legal descriptions. There is one master Homeowners Association, as well as individual associations for the different buildings. The master Association also provides services to the 777 Ute At -the -Aspen Alps Condominiums, which is not part of this application. The Alps units are considered Free -Market Residential Dwelling Units with the ability to be rented on a short-term basis. The units have been occupied by owners, their guests, non -working residents, residents working outside of Pitkin County, and vacationing tourists. The Alps is located in the Lodge (L) Zone District. In 2001 an application was approved by City Council rezoning the portion of the Alps that was zoned R- 15 PUD and Conservation to Lodge — other portions of the Alps were already in the Lodge zone district. The Council minutes are attached as Exhibit G. The record is not entirely clear, but it appears the intent of the application was to add a PUD Overlay to all parcels comprising the Aspen Alps. However, the Ordinance was poorly written and only included some of the Alps parcels. The PUD Overlay officially includes Parcel 4 (700 Building), Parcel 7 (Winter Building), portions of Parcel 3 (Buildings 300 and 400), and portions of Parcel 6 (Vacant Land). Buildings 100, 200, 500, and portions of vacant land do not currently include the PUD Overlay. In 2008, the City, believing the 2001 action created a PUD Overlay for the entire project, processed a PUD Amendment for a unit in the 200 Building enabling expansion of a unit. While the entire area has essentially functioned as one PUD since 2001 and the Community Development Department believes the intent in 2001 was to establish a single PUD Overlay for all eight (8) parcels, staff has included a rezoning as part of this review to clearly establish that the entire Aspen Alps is zoned Lodge (L) with a PUD Overlay. Page 5 of 10 Aspen Alps PUD — Council 2"d Reading, 9.9.2013 Proposed PUD: No new development is proposed as part of this application. Many of the existing dimensions do not meet the underlying Lodge Zone District dimensional requirements, and are considered legally established non -conformities. This means the Alps buildings were originally developed in conformance and compliance with City regulations, but code changes made by the City over time have resulted in the buildings no longer meeting all the current requirements in the Land Use Code. The Applicant wishes to memorialize the existing development through the PUD, including all existing non -conformities, while updating utility easements. Each building has at least one non -conformity, and most have four or more. The dimensions permitted in the Lodge Zone District and the existing dimensions at the Alps, which are proposed to me memorialized, are attached in Exhibit E. Table 2, on the next page, highlights the specific non -conformities for each building that are proposed to be memorialized through the PUD. Each non -conformity is marked with an "X." Table 2: ExistinE Non -Conformities Density Floor Area Unit Size Setbacks Height Parkin 100 Building X X X X X 200 Building X X X X 300 Building X X X X 400 Building X X X X 500 Building X X X X 700 Building X X X X X X 800 Building X X X X X Winter Building X The Winter Building, where the affordable housing is located, is only non -conforming in terms of a single setback, which was a construction error. All the other Alps buildings involve more extensive non -conformities, including density, unit sizes, height, and parking. One particular non -conformity in the 100 Building was raised as a potential issue by the neighboring Glory Hole Condominiums during the Planning and Zoning Commission hearings. The parking and vehicular access for the 100 Building are located on a combination of land owned in fee simple and within parking and access easements. There are a total of sixteen (16) parking spaces, one of which has historically been used by Glory Hole Condominiums under the terms of an unrecorded revocable Parking Agreement. If the agreement is revoked, the sixteenth parking space and a portion of the fifteenth space would revert to access easement use (as opposed to parking) for the benefit of the Alps. The proposed PUD would memorialize fifteen (15) parking spaces for the Alps 100 Building, which is the current number of spaces being used by that building. The applicant believes that even if the existing parking agreement with Glory Hole Condominiums is revoked, 15 spaces can be accommodated, either through re -striping or reconfiguration. Effect of PUD vs Non -Conformities: While it appears the City intended to include a PUD Overlay over the entire Aspen Alps property in 2001, that application was focused on the creation of the Winter Building and Parking Garage, and did not include dimensional information for any other building. This means that today, any changes to the existing buildings would be processed under the non -conformities section of the Land Use Code. The non -conformities chapter is triggered when an existing non - Page 6 of 10 Aspen Alps PUD — Council 2"d Reading, 9.9.2013 conforming building is partially or completely demolished (meaning 40% or more of the building is torn down). If a non -conforming building is remodeled or redeveloped after triggering demolition, it would need to meet today's code requirements for dimensions, unless it received Special Review approval from the Planning and Zoning Commission. Special Review allows non -conforming dimensions to be maintained if the P&Z finds that there are special circumstances necessitating the continuation of the non- conformity, and that literal enforcement of current dimensional requirements causes unnecessary hardship. Because each Alps building is non -conforming in terms of unit size and densityZ, the Alps would likely request the ability to build back what exists today through Special Review to ensure all owners maintain their current property and investment. If owners were going to lose the ability to build back their unit to its current size, it is highly unlikely they would proceed with any upgrade or redevelopment. This has the result of the existing buildings remaining on -site as -is, but potentially being in danger of deferring maintenance to ensure demolition is not triggered. If a PUD is established for the Alps, it would allow the existing buildings to be built -back as -is without a land use review because it locks in the existing dimensions and building placement as conforming. If the Alps wanted to change any dimensional aspect or building location, a PUD amendment would be required. This option allows maintenance and upgrades, such as replacing roof or siding elements, to proceed at the Alps without a concern of triggering demolition and potentially losing the ability to build back what exists today. Approval of a PUD does not preclude any future development. Likewise, not approving the PUD does not preclude any future development. The PUD establishes a clear baseline that any future request can be judged against. With or without the PUD, any future changes at the Alps will require a land use review, either through the non -conformities review or the PUD review. STAFF COMMENTS: The project is required to comply with the PUD standards set forth in Chapter 26.445, the Subdivision standards set forth in Chapter 26.480, and the Rezoning standards set forth in Chapter 26.310. Overall, staff finds that the project meets the requirements set forth in the said Chapters. Staff believes there are important benefits to the City by proceeding through a PUD rather than relying on the non -conformities section. 1. The City will now have recorded, established baseline dimensions for each Alps unit and building. If an owner wanted to submit a building permit to upgrade their unit, the City review would be faster because the existing information is readily available through the recorded PUD documents. (This also means individual unit owners would not need to go through the time and expense of unit calculations for their permit.) 2. The existing utilities will now be located within written and recorded easements. Currently there are some utilities located outside their easements, making servicing difficult. The PUD requires all easements to be updated to ensure the utility lines are located within them. This will ensure 2 meaning some units exceed the maximum unit size and there are more units than would otherwise be allowed in the zone district Page 7of10 Aspen Alps PUD — Council 2"d Reading, 9.9.2013 0 the City and other districts can quickly service these lines if there are maintenance or upgrade needs. 3. Updated lot descriptions will be created. The existing lots were established before the city's subdivision regulations, so they are based on the original condominium documents and metes & bounds descriptions. This PUD/Subdivision would create new lot numbers and property descriptions, with creates more clarity moving forward. 4. Establishing a PUD supports the city's goals of maintaining and bolstering the lodging base by making the buildings conforming and allowing them to proceed with any needed maintenance and upgrades without a lengthy land use review. None of these benefits are realized without the PUD. Staff believes these benefits, in exchange for the existing conditions on the site, is a worthwhile tradeoff and meets all the applicable review criteria. Staff supports establishing one, consistent, PUD for the entire Aspen Alps project as it creates consistency and reliability within the project. The Alps has been developed in its current built form since the 1960s-70s, and formally memorializing the existing dimensions is consistent with the long standing use and dimensional characteristics of the area. In addition, because the lots were created prior to subdivision regulations, staff supports the subdivision request to formally subdivide the project rather than relying on the condominium language from the 1960s. The City Utility Department and Aspen Consolidated Sanitation District commented on the application, and support the proposed easement updates. Any future development will require flow testing and updated utility infrastructure may be required. The deed restrictions on the three (3) affordable housing units were never recorded, so the applicant is working with APCHA to update and record those. The existing fire access to the Alps does not comply with the Fire District regulations. However, no changes are proposed at this time because no new development is proposed. If new development or redevelopment occurs in the future, the Alps will be required to comply with all Fire District rules in place at the time, and Aspen Alps Road will need to be modified in a manner acceptable to the Fire District. Based on information available today, the right of way will need to be expanded, a turnaround to accommodate fire vehicles, and building sprinklers will be required. The City Engineering Department is concerned about runoff and mudflow on the site. Any new development or redevelopment will require compliance with all applicable regulations, including the City's Urban Runoff Management Plan, in place at the time of said development. Based on information available today, staff anticipates that, at a minimum, drainage conveyance for any redevelopment of Buildings 300 — 700 will need to be accommodated on Parcel 6 and as part of an updated Aspen Alps Road. Drainage easements will likely be required as part of any future redevelopment. Overall, staff finds that the proposed changes are consistent with the review criteria for Subdivision, PUD, and Rezoning. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission held two (2) hearings on this application, and ultimately voted 3:2 to recommend City Council deny the application. A copy of their minutes is attached as Exhibits H Page 8of10 Aspen Alps PUD — Council 2"d Reading, 9.9.2013 0 and I. A majority of members indicated in their comments that they were not necessarily concerned with memorializing the Alps existing improvements, but were concerned about the process. For the members voting to deny the applicant's request, many of their comments focused on a concern not of what was proposed today, but of what might be proposed in the future. Some members were concerned that adding a PUD overlay and memorializing the existing improvements might jeopardize the City's ability to review redevelopment in the future. They also felt a PUD was not the correct process to use. Others felt that the application should wait until the City processes code amendments it is currently contemplating regarding lodges and condominiums. For members voting in favor of the applicant's request, their comments were focused on the fact that no new development is proposed as part of the current application and that any future change would be subject to City review and approval. They also focused on the benefits to the City, including ensuring utilities are located within recorded easements, as well as the benefits of memorializing the existing conditions for unit owners. Finally, they felt it was important to judge the application based on the code in place, not based on code amendments that may or may not happen in the future. RECOMMENDATION: Staff recommends approval of the project, with the following conditions: 1. The existing dimensions on a unit and project -wide basis are memorialized by this approval. Any changes to the building dimensions will require a PUD Amendment, pursuant to the Land Use Code in effect at the time. 2. All dimensions shall be documented in the Final PUD Documents. The applicant has not indicated exact heights as part of the land use application. These are required to be included as part of the Final PUD Documents. 3. Any future development is required to comply with all City rules and regulations in place at that time. 4. Updated deed restrictions shall be recorded for the three (3) affordable housing units prior to or simultaneously with the recordation of the Final PUD and Subdivision Documents. 5. All utility easements shall be updated to ensure the utility line is located within proper easements. a. Any water lines not located in a Right of Way shall require an easement. Twenty (20) foot easements are preferred, and required to the extent the existing development can accommodate them. b. All sewer lines shall be located within easements acceptable to the ACSD, including the main line located in Alps Road and all extensions into the property. PROPOSED MOTION: "I move to approve Ordinance #34, Series 2013, approving a PUD Amendment, PUD review, Rezoning, and Subdivision for the Aspen Alps that memorializes the existing development." CITY MANAGER COMMENTS: Attachments: Exhibit A — PUD Review Criteria, Staff Findings Exhibit B — Subdivision Review Criteria, Staff Findings Page 9 of 10 Aspen Alps PUD — Council 2"d Reading, 9.9.2013 Exhibit C — Rezoning Review Criteria, Staff Findings Exhibit D — DRC Comments Exhibit E — Dimensional Tables — existing dimensions and permitted dimensions in the Lodge zone Exhibit F. I — Application (previously provided) Exhibit F.2 — Appendix (previously provided) Exhibit G — City Council minutes, August 27, 2001 Exhibit H — Planning and Zoning Commission minutes, June 11, 2013 Exhibit I — Planning and Zoning Commission draft minutes, August 6, 2013 Exhibit J — Public Comment Page 10 of 10 Aspen Alps PUD — Council 2nd Reading, 9.9.2013 ORDINANCE NO. 34, (SERIES OF 2013) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT, REZONING TO PUD, AND SUBDIVISION FOR THE PROPERTY LOCATED AT 700 UTE AVE (THE ASPEN ALPS CONDOMINIUMS), LEGALLY DESCRIBED IN EXHIBIT A TO THIS ORDINANCE. Parcel ID: 2 73 7-182-6 7-800 WHEREAS, the Community Development Department received an application from The Aspen Alps Condominiums Homeowners Association, represented by Sunny Vann of Vann Associates requesting a Planned Unit Development (PUD) Amendment, Subdivision, and Rezoning to memorialize the existing improvements at the Aspen Alps Condominiums and establish a single PUD for the entire project; and, WHEREAS, the property is zoned Lodge (L) with a Planned Unit Development (PUD) Overlay on Parcels 4 and 7 and portions of Parcels 3 and 6 ; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application; and, WHEREAS, during a duly noticed public hearing on June 11, 2013, continued to July 18, 2013, and August 6, 2013, the Planning and Zoning Commission approved Resolution No. 18, Series of 2013, by a three to two (3 — 2) vote, recommending City Council deny PUD, Subdivision, and Rezoning reviews; and, WHEREAS, on August 26, 2013 the Aspen City Council approved Ordinance No. 34, Series 2013, on First Reading by a four to zero (4-0) vote, approving with conditions PUD, Subdivision, and Rezoning reviews; and, WHEREAS, during a public hearing on September 9, 2013, the Aspen City Council approved Ordinance No. 34, Series 2013, by a to vote, approving with conditions PUD, Subdivision, and Rezoning reviews; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Ordinance No 34, Series 2013 Page 1 of 6 0 • Section 1: Approval Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, The City of Aspen City Council approves a PUD, Subdivision, and Rezoning for the Aspen Alps Condominiums, legally described in Exhibit A to this Ordinance. Section 2: Dimensions The existing dimensions on a unit and project -wide basis are memorialized by this approval. Any changes to the building dimensions will require a PUD Amendment, pursuant to the Land Use Code in effect at the time. All dimensions shall be documented in the Final PUD Documents. The applicant has not indicated exact heights as part of the land use application. These are required to be included as part of the Final PUD Documents. Approved dimensions are outlined in Exhibit B to this Ordinance. Section 3: Plat and Agreement The Applicant shall record a PUD/subdivision agreement and PUD/subdivision plat that meets the requirements of Land Use Code Chapter 26.480, Subdivision, within 180 days of this approval. Section 4: Affordable Housing Deed restrictions for the three (3) affordable housing units shall be recorded before or simultaneously with recordation of the Final PUD and Subdivision Documents. Section 5: Utilities All utility easements shall be updated to ensure the utility line is located within proper easements. Any water lines not located in a Right of Way shall require an easement. Twenty (20) foot easements are preferred, and required to the extent the existing development can accommodate them. All sewer lines shall be located within easements acceptable to the ACSD, including the main line located in Alps Road and all extensions into the property. Section 6: Code Compliance Any future development or redevelopment in the Aspen Alps PUD is required to comply with all rules and regulations in place at that time, including but not limited to fire, stormwater, building, water, sanitation, and trash requirements. Section 7: Material Representations All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 8• This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 9• If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Ordinance No 34, Series 2013 Page 2 of 6 0 • Section 9: Vested Rights The development approvals granted herein shall be vested for a period of three (3) years from the date of issuance of the Development Order. No later than fourteen (14) days following the final approval of all requisite reviews necessary to obtain a Development Order as set forth in this ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 700 Ute Avenue (Aspen Alps)., City of Aspen, CO, by Ordinance No. _ Series of 2013, of the Aspen City Council. Section 10• A public hearing on this ordinance shall be held on the 9ei day of September, 2013, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 26th day of August, 2013. ATTEST: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this _ day of , 2013. ATTEST: APPROVED AS TO FORM: Kathryn S. Koch, City Clerk James R. True, City Attorney Exhibit A: Legal Description of The Aspen Alps Condominiums Exhibit B: Approved Dimensions Steven Skadron, Mayor Steven Skadron, Mayor Ordinance No 34, Series 2013 Page 3 of 6 • Exhibit A: Aspen Alps Condominiums Legal Description Parcel 1: Building 100, Aspen Alps, according to the Condominium Declaration for Aspen Alps recorded December 11, 1963 in Book 205 at Page 145, as amended, and according to the Condominium Map recorded January 8, 1964 in Plat Book 2a at Page 308, County of Pitkin, State of Colorado; Parcel 2: Building 200, Aspen Alps West, according to the Condominium Declaration for Aspen Alps West recorded March 15, 1965 in Book 212 at Page 83, as amended, and according to the Condominium Map Recorded March 17, 1965 in Plat Book 3 at Page 26, Amendment No 1 Recorded February 25, 1992 in Plat Book 28 at Page 69, Second Supplemental Condominium Map Recorded July 26, 2002 in Plat Book 61 at Page 40, Third Supplemental Condominium Map Recorded October 12, 2010 in Plat Book 94 at Page 90, County of Pitkin, State of Colorado; Parcel 3: Building 300, 400, 500, Aspen Alps South Condominiums, according to the Condominium Declaration for Aspen Alps South Recorded December 1, 1965 in Book 217 at Page 189, and The First Supplement Recorded January 6, 1969 in Book 238 at Page 804, and according to The Condominium Map Recorded December 10, 1965 in Plat Book 3 at Page 54, and First Supplement Recorded December 10, 1969 in Plat Book 3 at Page 373, Second Supplement Recorded April 14, 2005 under Reception No. 508992, County of Pitkin, State of Colorado. Parcel includes a portion of Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6th Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded in Plat Book 36 at Page 94); Parcel 4: Building 700, Aspen Alps South Condominiums, according to the Condominium Declaration for Aspen Alps South recorded December 1, 1965 in Book 217 at Page 189, and The First Supplement Recorded January 6, 1969 in Book 238 at Page 804, and according to the Condominium Map recorded December 10, 1965 in Plat Book 3 at Page 54, and First Supplement Recorded December 10, 1969 in Plat Book 3 at Page 373, Second Supplement recorded April 14, 2005 under Reception No. 508992, County of Pitkin, State of Colorado. Parcel includes a portion of Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6th Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded at Plat Book 36 at Page 94); Parcel 5: Building 800, Aspen Alps North Condominiums, according to The Condominium Declaration For Aspen Alps North recorded January 31, 1973 in Book 271 at Page 967, and the Amendment recorded June 4, 1973 in Book 276 at Page 393, and Agreement to Amend Condominium Declaration for Aspen Alps North Condominiums recorded October 19, 1993 in Book 727 at Page 437, and Agreement to Amend Condominium Declaration for Aspen Alps North Condominiums recorded October 19, 1993 in Book 727 at Page 457, and according to The Condominium Map recorded January 31, 1973, in Plat Book 4 at Page 353, and First Supplemental Condominium Map recorded October 19, 1993 in Plat Book 32 at Page 87, and Second Supplemental Condominium Map recorded October 19, 1993 in Plat Book 32 at Page 88, County of Pitkin, State of Colorado; Parcel 6: Lot 2a, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat of the George P. Mitchell and H.A. Bornefield, Jr Property, according to The Plat Thereof recorded September 3, 1992 under Reception No. 348317, County of Pitkin, State of Colorado. Parcel includes Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6th Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded in Plat Book 36 at Page 94); Ordinance No 34, Series 2013 Page 4 of 6 Parcel 7: Lot 2b, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat of the George P. Mitchell and H.A. Bornefield, Jr Property, according to The Plat Thereof recorded September 3, 1992 under Reception No. 348317, County of Pitkin, State of Colorado; and Parcel 8: A Tract of Land Situated in The West One -Half of The Northwest One -Quarter of Section 18, Township 10 South, Range 84 West of The 6th P.M., County of Pitkin, State of Colorado, described as follows: Beginning At The Most Southwesterly Corner of That Tract of Land Shown On The Condominium Map of Aspen Alps North Recorded in Plat Book 4 At Page 353, From Whence Corner No. 9 of Aspen Townsite Bears North 10*06'00" East 239.97 Feet and North 39*57'22" West 403.50 Feet; Thence Along The Southerly Line of Said Tract of Land South 79*05'00" East 35.72 Feet; Thence South 20*15'00" East 11.00 Feet; Thence South 03*30'00" East 12.50 Feet To Line 5-6 of The M&Y Lode, United States Mineral Survey No. 3921; Thence Along Line 5-6 of Said M&Y Lode South 44*59'00" West 67.87 Feet To Line 3-4 of The Millionaire Lode, United States Mineral Survey No. 3620a; Thence Along Line 3-4 of Said Millionaire Lode North 04*30'00" East 55.20 Feet To Corner No. 4 of Said Millionaire Lode; Thence North 10*06'00" East 22.97 Feet To The Point of Beginning. Ordinance No 34, Series 2013 Page 5 of 6 0 • Exhibit B: Approved Dimensions Unit Size (sq building # / Parcel Size ft net livable Floor parcel common (Gross Current Height* as depicted Area Setbacks (feet) Parking # name Area) #Units on recorded (sq ft) Spaces PUD Plans) Front — 4 100 .612 acres; East Side —11.5 15 off - 1 Building 26,668 sf 16 2 story 1 133-1 515 21,559 West Side —18 site Rear — 20 200 Building, 10 2 story 1,213-1,537 Front —13 Structure A .761 acres; North Side — 23.5 2 33,163 sf 24,100 South Side —16 27 200 Building, 6 3story 1,345-2,421 Rear —13 Structure B 300 Front —19.5 Building 7 1,122-2,255 South Side —19 Rear — 22 8 off- .971 acres Front — 7.5 site (on 3400 Building 42,286 sf 7 4 story 1,130-2,265 34,604 Rear —9.5 Parcel 6) Front — 14 500 Building 8 408-1,844 North Side — 7 Rear —9 Front — 8.5 12 off- 700 .312 acres; North Side — 4.5 site (on 4 Building 13,612 sf 10 3 story 1475-2 973 22,789 South Side — 5.5 Parcel Rear —13 6) 800 Building - 1 3 story 2,992 Structure A Front — 55 800 5 Building - .514 acres; 4 4 story 1,695-1,876 18,866 East Side —13.5 6 Structure B 22,393 sf West Side —11.5 Rear-4 800 Building - 4 4 story 1,606-1,989 Structure C 6 Vacant Land 3.402 acres; N/A 148,182 sf Winter Building Front —17.5 7 (Parking, acres; 3 2 story 775-854 NLA 6,289 East Side 69 35314 sf 35 West Side — 20 Affordable , Housing) Rear— 10 8 Vacant Land .049 acres; N/A 2,126 sf *Exact Height for each building and parcel shall be recorded as part of the Final PUD Documents. Ordinance No 34, Series 2013 Page 6 of 6 Exhibit A — PUD Review Criteria 26.445.050. Review standards: conceptual, final, consolidated and minor PUD. A development application for conceptual, final, consolidated, conceptual and final or minor PUD shall comply with the following standards and requirements. Due to the limited issues associated with conceptual reviews and properties eligible for minor PUD review, certain standards shall not be applied as noted. The burden shall rest upon an applicant to show the reasonableness of the development application and its conformity to the standards and procedures of this Chapter and this Title. A. General requirements. 1. The proposed development shall be compatible with the mix of development in the immediate vicinity of the parcel in terms of density, height, bulk, and architecture, as well as with any applicable adopted regulatory master plan. Staff Finding: No new development or redevelopment is proposed as a part of this application. The purpose of the PUD is to fully memorialize the existing Alps improvements, which includes 7 buildings on 5 parcels, three (3) affordable housing units and a parking garage located on Parcel 7, and various parking and road improvements All told, there are 8 parcels in the Alps (6 that include improvements, and 2 vacant parcels). The main Alps buildings range in height from 2 stories to 4 stories. Staff finds this criterion to be met. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Staff Finding: No new development or redevelopment is proposed as a part of this application. The existing development is in character with the surrounding uses, consisting mostly of multi family residential complexes and hotels. Staff finds this criterion to be met. 3. The proposed development shall not adversely affect the future development of the surrounding area. Staff Finding: No new development or redevelopment is proposed as a part of this application. The site currently has utilities that are not located in their respective easements. This is proposed to be rectified in this application by establishing new easements that correspond with existing utilities. The Water Department and Sanitation District have indicated that the applicant may be interested in upgrading those utilities, but that is it not needed at this time as they are sufficient to serve the area. Staff finds this criterion to be met. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS or GMQS allotments are available to accommodate the proposed development and will be considered prior to or in combination with, final PUD development plan review. Staff Finding: Since no new development or redevelopment is proposed as part of this application, there are not GMQS allotments required. There are three existing affordable housing units on Parcel 7 that were never deed -restricted as required. The applicant is 9.9.2013 Aspen Alps City Council 2"d Reading — Exhibit A, PUD Review Criteria Page 1 of 9 aware of this and is currently working with APCHA to deed -restrict the units. Staff finds this criterion to be met. B. Establishment of dimensional requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying Zone District shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. Staff Finding: The PUD development plans establish dimensional requirements for all properties in a PUD. The existing dimensional requirements the applicant would like to memorialize are listed below: Parcel Parcel Parcel Parcel Parcel Parcel? Lot Size 26,668 sq. ft. 33,163 sq. ft. 42,286 sq. ft. 13,612 sq. ft. 22,939 sq. ft. 3 5,3 14 sq. ft. Density 16 units 16 units 22 units 10 units 9 units 3 units Floor Area 21,559 sq. ft. 24,100 sq. ft. 34,604 sq. ft. 22,789 sq. ft. 18,866 sq. ft. 6,289 sq. ft. Maximum 1,515 NLA 2,421 NLA 2,265 NLA 2,973 NLA 2,992 NLA 854 NLA Unit Size 300 bldg. — 19.5 ft. Front 4 ft 13 ft 400 bldg. — 8.5 ft. 55 ft. 17.5 ft. Setback 7.5 ft. 500 bldg. — 14 ft. 300 bldg. — 19 ft. Side East-11.5 ft. North-23.5 ft. 400 bldg. — North-4.5 ft. East-13.5 ft. 14.5 ft. Setbacks West-18 ft. South-16 ft. none South-5.5 ft. West-11.5 ft. 20 ft. 500 bldg. — 7 ft. 300 bldg. — 22 ft. Rear 20 ft. 13 ft. 4400 bldg. — 13 ft. 4 ft. 10 ft. Setback ft. 500 bldg. — 9 ft. To be To be To be To be To be To be documented documented documented documented documented documented Height during during during during during during recordation recordation recordation recordation recordation recordation Parking 15 off -site 27 (20 off- site) g off -site 12 off -site 6 69 9.9.2013 Aspen Alps City Council 2nd Reading — Exhibit A, PUD Review Criteria Page 2 of 9 The proposed dimensional requirements shall comply with the following: 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of and compatibility with, existing and expected future land uses in the surrounding area. b) Natural or man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking and historical resources. Staff Finding: The applicant only intends to memorialize the existing development dimensions. No existing features of the property will be changed as part of this application. If the applicant wishes to make any changes or propose new development in the .future, a PUD Amendment and review will be required. Staff ,finds this criterion to be met. 2. The proposed dimensional requirements permit a scale, massing and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding: The existing open space and site coverage will not be changed as part of this application. Staff finds this criterion to be met. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any nonresidential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the City. Stuff Finding: No existing parking spaces are to be removed and no new parking spaces are proposed as part of this application. The existing parking for the Alps is accommodated in a variety of ways, depending on the parcel. These are outlined in the Table below: 9.9.2013 Aspen Alps City Council 2nd Reading — Exhibit A, PUD Review Criteria Page 3 of 9 0 • Parcel Parcel Parcel Parcel Parcel Parcel Winter building # / Building common 100 Building 200 Building 500 700 Building 800 Building (Parking, Buildings Buildings name Affordable Housing) # Units 16 16 22 10 9 3 Original St & From From Ute Ave via Aspen Alps Ute Ave via Access Original St From Spring St Road Aspen Ute Ave Mountain Road # Parking 15 off -site 27 (20 off -site) 8 off -site 12 off -site 6 69 Spaces portion of provided on parking area Sky Hotel encroaches onto property 777 Ute Condos pursuant to property 1976 through Easement exclusive 69 spaces on - Form of Agreement easement for 8 spaces on 12 spaces t Parcel 6 (with 6 spaces on- site (general Parking and on parking - 20 Parcel 6 easement) site parking for Glory Hole spaces; project) Condominiu 7 spaces ms pursuant partially on Ute to 1987 Ave ROW agreement - (needs 15 spaces encroachment license) The existing parking scenario appears to work for the Alps. Any new development, and its associated parking requirements, would be reviewed if and when an application is made. Staff finds this criterion to be met. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal and road maintenance to the proposed development. 9.9.2013 Aspen Alps City Council 2"d Reading — Exhibit A, PUD Review Criteria Page 4 of 9 Staff Finding: The Alps were developed in the early -mid 1960s, and were the first condominiums in the state of Colorado. They were developed before modern subdivision or zoning standards. Initially 77 units were developed. Over the years, 8 units were combined in various combinations, and 3 affordable housing units were added to parcel 7creating an existing total unit count of 76 units. The result is that the existing density is higher than that currently allowed by underlying zoning. Code currently would allow 38 units. The applicant does not propose to reduce the maximum allowable density. Stafffinds this criterion to be met. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mudflow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. Staff Finding: As stated above, the existing density is already higher than that currently allowed by underlying zoning and the applicant does not intend to reduce the maximum allowable density. Stafffinds this criterion to be met. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more adopted goals of the community as expressed in an applicable adopted regulatory master plan. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in Subparagraphs 4 and 5, above, those areas can be avoided or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with and complimentary to, the surrounding existing and expected development pattern, land uses and characteristics. Notes: a) Lot sizes for individual lots within a PUD may be established at a higher or lower rate than specified in the underlying Zone District as long as, on average, the entire PUD conforms to the maximum density provisions of the respective Zone District or as otherwise established as the maximum allowable density pursuant to a final PUD Development Plan. 9.9.2013 Aspen Alps City Council 2"d Reading — Exhibit A, PUD Review Criteria Page 5 of 9 • • b) The approved dimensional requirements for all lots within the PUD are required to be reflected in the final PUD development plans. Staff Finding: The existing density is already higher than that currently allowed by underlying zoning. There have been no issues with the existing density. Staff finds this criterion to be met. C. Site design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past or contribute to the identity of the town are preserved or enhanced in an appropriate manner. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate and provide visual interest and engagement of vehicular and pedestrian movement. Staff Finding: Since no new development or redevelopment is proposed as part of this application, all existing site features will be preserved. Staff finds this criterion to be met. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Staff Finding: No changes are proposed at this time, as no new development is proposed. South Alps Road can be modified to an 18,foot road if all buildings are sprinklered upon redevelopment and an adequate turnaround is provided. The applicant will provide an explanation of the existing trash and recycling access and service areas for the record. Staff finds this criterion to be met. 5. Adequate pedestrian and handicapped access is provided. Staff Finding: Since no new development or redevelopment is proposed as part of this application, the existing accesses will remain. Any new development will trigger accessibility and energy code requirements. Stafffinds this criterion to be met. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Staff Finding: Since no new development or redevelopment is proposed as part of this application, the existing drainage situation will remain. Any new development will trigger the need for a complete drainage plan consistent with the City of Aspen's Urban Runoff Management Plan. In addition, because of the site's location a mudflow assessment will be required if any new development is proposed. Stafffinds this criterion to be met. 7. For nonresidential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. 9.9.2013 Aspen Alps City Council 2"d Reading — Exhibit A, PUD Review Criteria Page 6 of 9 Staff Finding: Since no new development or redevelopment is proposed as part of this application, all existing site features will be preserved. Staff finds this criterion to be met. D. Landscape plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the City, with surrounding parcels and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well -designated treatment of exterior spaces, preserves existing significant vegetation and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding: Since no new development or redevelopment is proposed as part of this application, all existing landscape features will be preserved. Staff finds this criterion to be met. E. Architectural character. 1. Be compatible with or enhance the visual character of the City, appropriately relate to existing and proposed architecture of the property, represent a character suitable for and indicative of the intended use and respect the scale and massing of nearby historical and cultural resources. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade and vegetation and by use of non- or less -intensive mechanical systems. 3. Accommodate the storage and shedding of snow, ice and water in a safe and appropriate manner that does not require significant maintenance. 4. Emphasize quality construction and design characteristics, such as exterior materials, weathering, snow shedding and storage, and energy efficiency. Staff ' Finding: Since no new development or redevelopment is proposed as part of this application, the existing buildings will remain. Any new development will trigger accessibility and energy code requirements and will be required to meet all applicable design standards. Staff finds this criterion to be met. F. Lighting. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both Public Safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures and access ways is proposed in an appropriate manner. 2. All exterior lighting shall in compliance with the outdoor lighting standards unless otherwise approved and noted in the final PUD documents. Up -lighting of site features, buildings, landscape elements and lighting to call inordinate attention to the property is prohibited for residential development. 9.9.2013 Aspen Alps City Council 2"d Reading — Exhibit A, PUD Review Criteria Page 7 of 9 0 Staff Finding: Since no new development or redevelopment is proposed as part of this application, all existing lighting will remain. Any new development will be required to comply with all lighting codes. Stafffinds this criterion to be met. G. Common park, open space or recreation area. If the proposed development includes a common park, open space or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location and design of the common park, open space or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas and shared facilities together with a deed restriction against future residential, commercial or industrial development. Staff Finding: Since no new development or redevelopment is proposed as part of this application, all existing common spaces will be preserved. Future development will require compliance with all Parks standards, including tree protection standards. Staff finds this criterion to be met. H. Utilities and public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding: There are current utilities that do not lie within access easements. The applicant intends to update all easements to contain the existing utilities. The existing utilities will not be modified unless redevelopment occurs or replacement is necessary. The applicant intends to contact any property owners necessary to obtain the required easements. Staff finds this criterion to be met. I. Access and circulation. (Only standards 1 & 2 apply to minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 9.9.2013 Aspen Alps City Council 2"d Reading — Exhibit A, PUD Review Criteria Page 8 of 9 • 0 1. Each lot, structure or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way or other area dedicated to public or private use. 2. The proposed development, vehicular access points and parking arrangement do not create traffic congestion on the roads surrounding the proposed development or such surrounding roads are proposed to be improved to accommodate the development. 3. Areas of historic pedestrian or recreational trail use, improvements of or connections to, the bicycle and pedestrian trail system and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. 4. The recommendations of adopted specific regulatory master plans, as applicable, regarding recreational trails, pedestrian and bicycle paths and transportation are proposed to be implemented in an appropriate manner. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. 6. Security gates, guard posts or other entryway expressions for the PUD or for lots within the PUD, are minimized to the extent practical. Staff Finding: Adequate access exists for all structures within the PUD. The existing access points and parking arrangements have not created issues. There are no new proposed roads, drives or trails. Aspen Alps Road will be required to be upgraded, per Fire District comments and standards, should any new development be proposed in the .future. Stafffinds this criterion to be met. J. Phasing of development plan. (does not apply to conceptual PUD applications) The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees -in -lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding: No phasing is proposed at this time. Staff finds this criterion is not applicable. 9.9.2013 Aspen Alps City Council 2"d Reading — Exhibit A, PUD Review Criteria Page 9 of 9 Exhibit B — Subdivision Review Criteria 26.480.050. Review standards. A development application for subdivision review shall comply with the following standards and requirements: A. General requirements. 1. The proposed subdivision shall be compatible with the mix of development in the immediate vicinity of the parcel in terms of density, height, bulk, architecture, landscaping and open space, as well as with any applicable adopted regulatory master plan. 2. The proposed subdivision shall be consistent with the character of existing land uses in the area. 3. The proposed subdivision shall not adversely affect the future development of surrounding areas. 4. The proposed subdivision shall be in compliance with all applicable requirements of this Title. .Staff Finding: The applicant proposes to memorialize the existing parcels as subdivided lots to be recorded in a subdivision plat. The lots were legally established before the current subdivision regulations. No new subdivision of land is occurring, and the existing lots will remain the same, all conforming in size and width. Staff finds this criterion to be met. B. Suitability of land for subdivision. 1. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety or welfare of the residents in the proposed subdivision. 2. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Staff Finding: No new development or redevelopment is proposed as a part of this application. The existing development has not created issues regarding land suitability or spatial pattern. Any_future development will be required to address slopes, drainage, and mudflow, in accordance with the Engineering Department's standards and requirements. Staff finds this criterion to be met. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with an applicable adopted regulatory plan, Title 28, the municipal code, the existing, neighboring development areas and/or the goals of the community. 9.9.2013 Aspen Alps City Council 2"d Reading — Exhibit B, Subdivision Review Criteria Page 1 of 2 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. Staff Finding: The existing lots were legally established prior to the current regulations. The applicant is proposing to update and align the existing utility easements to 20 feet as required. Only new development will require flow testing and potential water line replacement. Stafffinds this criterion to be met. D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Section 26.470.070.5, Demolition or redevelopment of multi -family housing. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Finding: .Since no new development or redevelopment is proposed as part of this application, no new affordable housing is required. There are 3 units on parcel 7 that were never deed -restricted as required. The applicant is currently working with APCHA to deed -restrict the units. Staff finds this criterion to be met. E. School land dedication. Compliance with the School land dedication standards set forth at Chapter 26.620. Staff Finding: Since no new development or redevelopment is proposed as part of this application, School land dedication is not required. Stafffinds this criterion to be met. F. Growth management approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH-PUD) without first obtaining growth management approvals if the newly created parcel(s) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. Staff Finding: Since no new development or redevelopment is proposed as part of this application, Growth Management approval is not required. Stafffinds this criterion to be met. 9.9.2013 Aspen Alps City Council 2"d Reading — Exhibit B, Subdivision Review Criteria Page 2 of 2 Exhibit C — Rezoning Review Criteria 26.310.090. Rezoning - Standards of review. In reviewing an amendment to the Official Zone District Map, the City Council and the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding: The applicant proposes to memorialize the existing development. No new development is proposed at this time. A portion of the Aspen Alps site is zoned with a PUD overlay. Extending that PUD to the entire Alps site will ensure clarity and consistency within the project. Other similar PUDs are located in the area, including The Gant. Staff finds this criterion to be met. B. Whether and the extent to which the proposed amendment would result in demands on public facilities and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools and emergency medical facilities. Staff Finding: The Alps was developed in the 1960s and 1970s and is currently served by all utilities. No new development is proposed that would require new services. The applicant is proposing to update and align the existing utility easements. Only new development will require flow testing and potential water line or sewer line replacement. Aspen Alps Road does not meet Fire District standards, and will be required to be updated should any new development be proposed in the future. At this time, no changes are required. Staff finds this criterion to be met. C. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Staff Finding: No new development is proposed as part of this application, thus no new impacts to the natural environment will occur. Stafffinds this criterion to be met. D. Whether the proposed amendment is consistent and compatible with the community character in the City and in harmony with the public interest and the intent of this Title. Staff Finding: The proposal is consistent with all requirements of the Land Use Code. Staff finds this criterion to be met. 9.9.2013 Aspen Alps City Council 2no Reading — Exhibit C, Rezoning Review Criteria Page 1 of 1 Exhibit D - Aspen Alps DRC Comments Planning/Zoning • By memorializing the existing conditions, any unit wanting to expand internally, add a sky light, enclose a deck, etc will require a PUD Amendment. If the owners want the ability to change items related to height, unit size, or floor area, that needs to be built into the PUD, otherwise it's not allowed. • The application indicates the exact heights will be recorded with the final documents. We prefer to know that information now, but can work with the information in the application. • The Alps will need to record the deed restrictions for the 3 affordable housing units in the Winter Building prior to or as part of the approval. The deed restriction must be acceptable to AHPCA. Parks • Any future development will be required to comply with all Parks standards, including tree protection standards. • Any trees to be removed on the site require a tree removal permit. • No trails are planned for these properties at this time. Utilities Electric service is through Holy Cross, so the applicant should address any concerns/issues with them. Water is provided by the City. Any water lines not in a Right of Way require an easement. These should be 20 foot easements, as can be accommodated by the existing development. If any future development occurs on the site, flow testing will be required, and water line replacement will be needed. Sanitation All sewer lines must be in easements acceptable to ACSD. Based on the information, this would include the main sewer line easement for the line coming up Alps Road and a small extension into the property, as shown in the application. In the future a couple of main line extensions into the property would help them by eliminating some of the long service lines that serve some of their existing buildings. We can comment in detail on future development with the new applications. Fire • Any new development or redevelopment will require compliance with Fire District rules and regulations. • Aspen Alps Road can be modified to an 18 foot road if all buildings are sprinklered and an adequate turnaround is provided. Building • No comments at this time as no new development is proposed. 9.9.2013 Aspen Alps City Council 2"d Reading — Exhibit D, DRC Comments Page 1 of 2 • • Any new development will trigger accessibility and energy codes. Environmental Health • Any new development or redevelopment will trigger compliance with the City's Trash and Recycling requirements • Please provide an explanation of existing trash and recycling access and service areas for the record. Engineering • Any future development will be required to comply with all Engineering requirements, including the URMP and the mudflow hazard area regulations. Staff is concerned there are no easements related to drainage throughout the project area. Easements will be required as part of any future development. Given the limited information available related to drainage, staff anticipates at a minimum conveyance will need to be accommodated on Parcel 6 and on Aspen Alps Road. Additional items that may be required as part of any future development proposal include: o All Engineering requirements applicable to the development must listed as part of any future development application, including but not limited to those requirements specified in the code, in the URMP and the design guidelines. o General note: The design for the site must meet the Urban Runoff Management Plan Requirements. Staff was not able to determine whether or not the site will meet these requirements. A full review will be completed upon any future proposed development, when there is enough information to review. o Section 1.3.2 "Development Review Committee" of the URMP states: "Prior to the DRC review process, applicants must submit a conceptual grading and drainage site plan to the Engineering Department for approval. For complete requirements, see the conceptual review submittal checklist in Appendix A." The checklist is attached. Considering the location of the project, the applicant should also prepare a mudflow assessment. The intent of the conceptual drainage plan and mudflow assessment is to ensure that adequate planning has been incorporated into the PUD for mitigation of runoff and mudflows. o A compliant conceptual drainage plan and mudflow assessment must be submitted and approved prior to finalizing approval of any future development. Parking • No comments. 9.9.2013 Aspen Alps City Council 2nd Reading — Exhibit D, DRC Comments Page 2 of 2 Exhibit E, Allowed and Existing Dimensions Table 1: Allowed Dimensions in Lodge Zone District parcel building # / Parcel Size Unit Unit Size Floor Parking # common (Gross Area) Density Height (sq ft net Area (sq Setbacks Spaces name livable) ft) 1 100 Building .612 acres; 7 21,571 16 26,668 sf 2 200 Building .761 acres; 9 29,590 16 33,163 sf 28 feet 1,500 Front — 5 Side — 5 3 300 - 500 .971 acres; 11 35,501 22 Buildings 42,286 sf Rear — 5 4 700 Building .312 acres; 4 13,157 10 13,612 sf 5 800 Buildin g .514 acres; 4 14,503 9 22,939 sf Front — 12 East Side — 7 Winter .122 acres; 3 28 feet 775 — 854 7,065 20 69 Building 3 5,3 14 sf West Side —15 Rear — 10 9.9.2013 Aspen Alps City Council 2ndReading — Exhibit E, Dimensional Information Page 1 of 3 u 118 Table 5: Existing Dimensions Unit Size building # Parcel (sq ft net Floor parcel /common Size Current t Height livable as a Setbacks Parking # name (Gross # Units depicted on s ft) q (feet) Spaces Area) recorded PUD Plans Front — 4 100 .612 East Side — 15 off- 1 Building acres; 16 2 story 1,133-1,515 21,559 11.5 site 26,668 sf West Side — 18 Rear — 20 200 Building, 10 2 story 1,213-1,537 Front — 13 Structure North Side — 2 A .761 acres; 24,100 23.5 South Side— 27 200 Building, 33,163 sf 16 Structure 6 3 story 1,345-2,421 Rear — 13 B Front — 19.5 oldin 7 1,122-2,255 Side— B g 1outh Rear — 22 8 off- 400 7 1,130-2,265 Front — 7.5 3 .971 acres; 4 story 34,604 site (on Parcel Building 42,286 sf Rear — 9.5 6) Front — 14 500 8 408-1,844 North Side — 7 Building Rear —9 Front — 8.5 North Side — 12 off- 700 •312 4.5 site (on 4 4 Building 10 3 story 1,475-2,973 22,789 South Side — Parcel 13,612 sf 5.5 6) Rear — 13 800 Building - 1 3 story 2,992 Front — 55 Structure East Side — 5 .514 acres; 18,866 13.5 West Side — 6 800 Building - 22,393 sf 11.5 Structure 4 4 story 1,695-1,876 Rear — 4 B Exact height for each building and parcel shall be recorded as part of the Final PUD Documents. 9.9.2013 Aspen Alps City Council 2ndReading — Exhibit E, Dimensional Information Page 2 of 3 • E 800 Building - Structure 4 4 story 1,606-1,989 C Vacant 3.402 6 Land acres; N/A 148,182 sf Front — 17.5 Winter • 122 775-854 East Side — 7 Building acres; 3 2 story NLA 6,289 14.5 69 35,314 sf West Side — 20 Rear — 10 Vacant .049 8 Land acres; N/A 2,126 sf 9.9.2013 Aspen Alps City Council 2ndReading — Exhibit E, Dimensional Information Page 3 of 3 Er dinance can have conditions regarding the shuttle service, bike Mayory.-Janderud opened the public hearing. Fonda Pate n, Boomerang Lodge, commended Hills for b 'ng a good neighbor. Ms. aterson suggested Council conduct a site v'sit with story poles to see the ge 4-plex. Ms. Paterson asked the Co cil and applicant to consider moving his 4-plex to the west end of the ock. Ms. Paterson said the building on t east end of the block is Ipro sed to be located right on the alley with large ' e windows. Ms. Pat son said these may not be a good location for pictur windows on this bu alley. Ms. Paterson said she has some suggestions on ow to manage a construction so that their guests will have a good vacatio experien . Ms. Paterson questioned restricting 3 on -site parking spac for e ployees; these employees may not have cars and if there is parking, it Id be used. The applicants agreed. Mayor Klanderud closed the pu Councilman Semrau commepded the applic for not pushing too much development/ants . ouncilman Semi u id he feels this project is very doable.McCabe asked how the roposed 6 month lease will be handlted the land use code allo an owner to use up to 6 months as nit is available the other six nths for short-term rental. Haasve not gotten any further into de ils. Councilman Paulson saidmake sure the tree replacement pr am is spelled out. Council an Semrau moved to adopt Ordinance #27, Series of 200 on secon reading deleting condition #1 regarding leasing of the parkin on 4- stre ; seconded by Councilman Hershey. Roll call vote; Councilmemb rs Cabe, yes; Paulson, yes; Semrau, yes; Hershey, yes; Mayor Klanderu , es. Motion carried. > ORDINANCE #28, SERIES OF 2001 - Aspen Alps Rezoning/PUD Fred Jarman, community development department, told Council this is a request to redevelop lot 2B of the Aspen Alps, currently containing tennis courts. The proposed development would have a two level subgrade parking garage, including a maintenance and laundry and 3 housing units, with z Regular Meeting Aspen City Council August 27, 2001 tennis courts on top. Jarman showed Council the surrounding land uses and their zoning and lot 2B zoned R-15/PUD, the subject of this application. This ordinance rezones the entire Alps property LTR (lodge/tourist residential). The Aspen Alps is zoned LTR, Conservation and R-15 PUD. In order to build a subgrade garage, this property needs to be rezoned. Jarman said rezoning to LTR would also allow the 3 employee units. The applicant requests a GMQS exemption for affordable housing for these 3 units as well as subdivision approval. Jarman told Council this ordinance modifies a previous Council approval regarding lot 2B. Jarman showed a rendering of the tennis courts and affordable units from Ute and from Ute Avenue south. Jarman told Council there will be a total of 69 spaces in the garage. There will not be interior circulation in the garage so there will have to be an entrance for each level. The housing authority recommends approval of the 3 employee units. This is a creative use of land, which provides employee units for the Aspen Alps in close proximity to the Alps and to the commercial core. Jarman said this is consistent with the Aspen Area Community Plan. Jarman noted the Aspen Alps does not have enough parking currently. Councilman McCabe asked if there is any radon on site and if so, is there a radon mitigation plan. Alan Richman, representing the Aspen Alps, told Council they have no issues with any of the conditions recommended by staff. Richman said the applicants have worked with the neighbors through P&Z. The applicants have been working on the project since 1998. The city's philosophy has been to address non -conforming status of lodges. Richman said the only reason for the request to rezone lot 2B is because of the 3 affordable units, which under the city's code is a multi -family use and multi -family use is not allowed in R-15. The other uses are allowed in R-15 as accessory to the Aspen Alps. Richman said the applicants want Council to feel confident they have control over what happens at the Alps in the future. Staff has recommended a PUD designation over the entire property, which will require review of any future development on the property. Richman noted that in 1992 Council imposed limitation on development on lots 2A and 2B. The Alps was developed in the 1960's and was not a phased plan. It was built one building at a time and because of lack of planning, there is no laundry facility, there is no 10 0 • Regular Meeting Aspen City Council August 27, 2001 maintenance facility, and there is not adequate parking. Richman noted the surrounding land was not given over to the Alps until 1992. At that time Council approval a subdivision to allow this land to be given to the Alps. Council was concerned about the addition of several acres of land to the Alps and they did not want it to be developed for more or larger units. The Alps agreed to a deed restriction on lots 2A and 2B that this land could not be used for additional floor area or additional units. Richman requested this condition be modified for lot 2B as the Alps is proposing 5 bedrooms and 6500 square feet of floor area. This condition will be kept on lot 2A. Richman said since the Aspen Alps is a condominium, many owners leave their cars on property. The proposed parking garage will be used more as a storage facility rather than have heavy daily use. Richman stated these employee units are not mitigation for development; they are units for the Alps' needs and will be deed restricted to category 3. Mayor Klanderud opened the public hearing. Mary Gleason, adjacent property owner, said she realizes parking is needed and affordable housing is needed; however, their concern is that this area is a mine dump and a lot of excavating will be done. Ms. Gleason said they would like to be kept appraised of the nature of the materials, are they toxic, and is the mitigation plan sufficient. Jarman told Council he received an e- mail from a Gant condominium owner regarding the type of landscaping on top of this proposed structure. Mayor Klanderud closed the public hearing. Councilman Paulson asked about the conservation easement. Richman reiterated they are proposing no modifications to the restrictions on lot 2A. Matt Roberts, industrial hygienist, said his company focuses on health and safety to workers and to ambient air quality issues. Roberts said they have conducted evaluations of similar sites. The intent is to environmentally profile sites to understand the nature of the contaminants and then to develop a protective program for neighbors and for workers. Roberts said they will look into whether there is radon on this property or not. The housing is above grade, which makes radon a minimal issue. Semrau said after construction is when radon is addressed, usually through ventilation. There is no way to address it until construction. Pamela Cunningham, Aspen Alps 11 0 Regular Meeting Aspen City Council August 27, 2001 manager, told Council there have been radon tests around the project and there has not been a problem with radon yet. Richman pointed out conditions 7 and 8 in the ordinance, which focus on the concerns of lead and potential exposure to the neighbors. Richman said the recommendations from the environmental health department and the applicant are to make sure fugitive dust does not become a concern to the neighbors. Keeping the dust wet and suppressed is the right way to contain it. Condition #8 requires when soils tests are conducted to make city staff aware of the results and for staff to place additional requirements on the project, if necessary. Mayor Klanderud asked about the trees on site and the comment from the Gant owner that the Spruce trees along Ute avenue be replaced. Richman said he has met with the city's forester; some of the existing trees are very close to the excavation and will be difficult to save. If the trees cannot be saved, they will be replaced. The area along Ute Avenue is predominantly cottonwoods and Aspen, which Richman demonstrated with photographs. There are some spruce; however, this is not a spruce forest. The city's forester noted this forest has grown up on its own and he would like to see it recreated, if the trees come out, cottonwoods interspersed with ground cover, aspens and spruce. Richman said they do not want a line of spruce trees and they want light to get into the housing units. Councilman Hershey moved to adopt Ordinance #28, Series of 2001, on second reading; seconded by Councilman Semrau. Roll call vote; Councilmembers Paulson, yes; Hershey, yes; McCabe, yes; Semrau, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #32, SERIES OF 2001 - Supplemental Appropriations Mike Cain, budget director, told Council this ordinance approves carry forward in departmental budgets, the asset management carry forward projects, and departmental savings. Cain noted departments can retain 50% of the savings of money not spent in their budget. The other 50% is split 10% city manager central savings and 40% goes back into fund balance. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. 12 Exhibit H Regular Meeting Planning & Zoning Commission June 11, 2013 Chairman U Erspamer called the meeting to order at 4:30 with Walterscheid, Goode, Weiss, Myrin, DeFrancia, Tygre, and Gibbs present. NER COMMENTS 1. eiss told the Commission he is going to attend a Council meeting and bring up the num of code amenthRents recommended in the AACP; hopefully the new Council will pick up efforts f code amendments. veral other board members said they would attend with Weiss. 2. Myrin thank staff for the community development department update. 1 sica Garrow told the Board at the work se ion June 25, they will be reviewing lodge policies and ing to get direction on amending the code or w king with outside organizations. Ms. Garrow sai she will forward the Council packet and backgroun formation to P&Z. 3. Erspamer told the Board the i ode books are not up to da and the Board can get copies at the community development department or line at the clerk's p e. 4. Erspamer asked about review or com nting o project that is in front of HPC. Weiss suggested joint meetings on some projects. Myrin t ed he would support working out a process for referrals. MINUTES — May 21, 2013 The Board agreed to approve ese at the next meeting. DECLARATIO F CONFLICT OF INTEREST Jim DeFr cia said he is working with the Aspen Alps and will recuse himself. Debbie Quinn, ssistant city a orney, noted the conflict of interest section states city officials may not appear on behal fan apificant in front of the board of which they are a member. — - 700 UTE AVENUE ASPEN ALPS PUD AMENDMENT AND SUBDIVISION Debbie Quinn, assistant city attorney, said the appropriate mailing and publication has been done. Jessica Garrow, community development department, told the Board there is no development proposed in this application; it is to memorialize the existing conditions of the Aspen Alps. Ms. Garrow said the request is for PUD, rezoning and subdivision. P&Z is the recommending body; Council is final approval. Ms. Garrow showed the property, which is 8 different parcels, 2 of which are vacant. Parcel 6 is a large parcel, originally part of the Moses lot split. The Winter building is where tennis courts, parking garage and affordable housing are located. The 777 Ute at the Aspen Alps was approved and built in 1992 and is not part of this application. Ms. Garrow pointed out the various Aspen Alps building and their location on the site; the 300, 400 and 500 buildings have access off the Aspen Alps road off Ute Avenue. • 0 Regular Meeting Planning & Zoning Commission June 11, 2013 The Aspen Alps was developed from 1962 through 2002 and was the first condominium in Colorado before modern subdivision regulations. There are 73 residential multi -family units with the ability to short term; no units have housed a local working resident. There are 3 affordable housing units in the Winter building developed in 2002; the deed restriction was never filed and the applicant has committed to doing so as part of this application. There 16 offsite parking space for the 100 building on the Sky hotel property and all other parking is within the site. Ms. Garrow pointed out this property is zoned lodge with some of it having a PUD designation, the lack of total PUD designation may have been a staff error in 2001, and parcels 1 through 8 should have had a PUD designation so this application includes a rezoning in order to make it clear there is one PUD for the entire Aspen Alps property. Ms. Garrow said the utility easements will be updated; a new subdivision will be established to make the descriptions clearer. The proposal is to establish the existing dimensions as conforming; there are a lot of non -conformities on the site compared to what is permitted under the Lodge zone district, there are more units than would be allowed under the existing code. Any improvements after this application would be required to submit a new application; there is no ability to change configurations. Ms. Garrow told the Board there has been a long standing agreement with 525 South Original street for one of the parking spaces so the resolution should note there are 15 offsite parking spaces for the 100 building. Ms. Garrow stated staff finds this proposal complies with all criteria for PUD, subdivision and rezoning and staff recommends approval of the application. Weiss asked why the current floor area for building 2 is 24,100 square feet and the allowed dimension in the lodge zone district is 29,950 square feet and would not approving this allow 5,800 square feet of development. Ms. Garrow said this approval does not memorialize what would be allowed under existing code; it memorializes what exists today, building 2 will be 24,100 square feet. Ms. Tygre asked if the overall square footage on the site would allow additional development in a new building. Ms. Garrow said that would be a new land use application. Ms. Tygre asked if there is enough land available. Ms. Garrow said any development will come through a new land use process and on certain parcels there may be room for new buildings; staff did not calculate what could be built because that is not the application in front of P&Z. Ms. Garrow noted any PUD approval by P&Z locks in the dimensions by what is presented; this request will say what exists on the site today is what is allowed; any change from that would require land use review. Myrin asked about vested rights. Ms. Garrow said any project that goes through review gets a 3-year vested; however, there is no development proposed for this site; the dimensions are being established and stay in perpetuity until a future amendment. Weiss asked if the individual unit sizes are being locked in by this proposal. Ms. Garrow answered the P&Z resolution locks in the range for dimensions; the final PUD documents will include unit by unit showing how large each unit is. The site specific approval will make the buildings and units conforming. Ms. Garrow told the P&Z, the water supply is sufficient for the existing development but any new proposal would require upgrading the water lines to deal with capacity issues. Ms. Garrow noted locking the units and buildings in to what is existing clarifies what is there and what is allowed. Sunny Vann, representing the applicant, told the Boards they had to do surveys and title work on all the properties and boundaries and the application documents what is there today. Vann said some of the buildings at the Aspen Alps are almost 50 years old; some units have been remodeled. Vann stated the units at Aspen Alps were legally created but due to ensuing changes in the land use code, they are referred to as non -conforming structures. These are not a non -conforming use and are allowed to • 0 Regular Meeting Planning & Zoning Commission June 11, 2013 continue. This approval will memorialize what is there today. Vann told the Board this is not a subdivided parcel and the applicants want to file a plat to memorialize the existing parcels, clean up the easements; a PUD document that states what the dimensional requirements are, the review processes necessary for any future improvements. Vann said memorializing what is there gives the applicant greater flexibility to deal with the older buildings and would make the building permit process simpler. Vann noted this is a depreciating asset and is a vital component of the community's lodging inventory. Myrin asked why go through this approval process in advance rather than waiting for an actual application. Vann said the master homeowners association is trying to get in front of future issues. Vann pointed out the land use code has been amended to disincentivize residential uses in the lodge zone; heights and FAR have been lowered. The Aspen Alps was conforming when built and it could not be built today under the current regulations. This application is to find a way to facilitate retaining this part of the lodging market. Ms. Tygre said one purpose of a PUD is to cluster buildings on a site and this approval would not allow that. Vann said the existing buildings are pretty much in the location they would go and the ability to tear all down and move it around is fairly limited. There are too many owners to gain consensus on tearing all the buildings down and starting over. There are areas where development is prohibited; there are areas that using the land area to increase floor area is prohibited. Erspamer asked about the statement that the reduction for steep slopes shall not exceed 25% and is that a change from 20%. Vann stated in a PUD one is required to reduce the allowable lot area for FAR calculation for steep slopes at the maximum of 25%. Erspamer opened the public hearing. Susan Gaines, Aspen Alps resident, told the Board she does not rent her unit and she is concerned that the actual square footage of her unit is larger than is on record and if this is memorialized, it would not be good for her and the assessment for her unit is not accurate. Ms. Gaines asked P&Z not to approve this request. Vann told P&Z the applicants used the county recorded maps and field verified the figures; used the building permit plans to update the square footage. Vann said they were not able to verified Ms. Gaines unit and would be glad to rectify that. Vann noted floor area is different than gross area; things like stairwells do not count in floor area. Michael Marek, unit 113 Aspen Alps, told P&Z there are homeowners who are confused as to why this application was promulgated. Marek said no one has been polled about redevelopment and redevelopment is not an issue and questioned the money spent by the homeowner's board to come up with a PUD application without any development proposals. Joan Marek stated she does not understand the purpose of this PUD application; the questions P&Z is asking are the same that some of the homeowners have. Sarah Jane Morrell, unit 114, also questioned the purpose of P&Z approving the PUD without other benefit to the city. Ms. Garrow said part of the benefits for the city is getting utilities into proper easements. The information on what exists at the Aspen Alps and when owners come in, it is cost and time for the city staff and for owners to see if their proposal is allowed. Richard Auhll, Alps owner, told P&Z in 2012 Board of Managers received an 11 page document on 3 suggested proposals to redevelop the Aspen Alps so this proposal has caused concern with homeowners that a redevelopment will come in with after this step is approved. 3 Regular Meeting Planning & Zoning Commission June 11, 2013 Connie Harvey, Alps owner, told P&Z the owners, without a vote, were asked to send proxies to the Alps planning committee without understanding what the point is. Ms. Harvey said she does not feel this is a good idea. Paul Taddune told P&Z he is working with some of the homeowners and this appeared to be a routine application and a memorialization of what exists; however, there may be impacts on the homeowners, like a reduction in FAR. The homeowners should be given a chance to review this and see how it may affect each individual's circumstances. Erspamer closed the public hearing. Ms. Garrow reminded P&Z that the homeowner's associations are not part of this review and there are criteria in the packet related to PUD, rezoning and subdivision and the two, homeowner association issues and land use criteria, are separate. Ms. Garrow clarified if there is a non -purposeful destruction and a building needs to be redone, if the building is non -conforming, it can be rebuilt exactly as it was. If there is a purposeful destruction and the building is non -conforming, it has to be rebuilt complying with underlying zoning, except for density. One reason to do this PUD is to clarify exactly what exists on the site and will make the buildings conforming. Ms. Garrow said the Winter building was approved in 2001 and at that time staff requested the applicants apply a PUD to the property; however, because the way the ordinance was written, that was not accomplished and the PUD only covered part of the project. Applying a PUD to the entire parcel has been the intent for the last dozen years. Jennifer Phelan, community development department, said it is important for staff and for applicants to have a base line of what exists on a property and what would be permitted. The Aspen Alps has a partial PUD with unclear boundaries, buildings that may or may not meet the height limit. Weiss asked about combining units. Ms. Garrow said that would require a land use application and P&Z review, regardless of whether this PUD passes or not. Ms. Tygre said if this is approved, the Alps or homeowners could come in and process a land use application for more units or for another building. Ms. Garrow said at anytime the owners could request amending their dimensional requirements. Ms. Tygre said a concern to P&Z members is the future requests, not necessarily this PUD, and the dimensional limits can be overturned. Ms. Garrow reiterated these buildings were built according to the codes in place and they are legally established non -conforming buildings in terms of most of the dimensional requirements. P&Z has to look at the review criteria and determine if this request to memorialize what is there meets the criteria. Ms. Garrow reminded P&Z that the nature of PUDs is that they are site specific; this is a unique situation and probably no other property in Aspen is half covered by a PUD. The rezoning is to clarify what was intended 12 years ago. Ms. Garrow said most land use applications in front of P&Z are for new development, the applicants are asking to vary dimensions of a building that does -not exist. This application is for existing buildings; the default is today — what exists, regardless of whether there is a PUD. P&Z needs to evaluate this application based on the criteria in front of them. Ms. Garrow said if P&Z feels what is there now is inappropriate, does not fit with the neighborhood, does not fit the context of the area and if there were to be a totally new application, P&Z could say it has to comply with the underlying lodge district, that could be the recommendation. Weiss moved to extend the meeting until 7:30 to finish this item; seconded by Goode. All in favor, with the exception of Ms. Tygre. Motion carried. • � J Regular Meeting Planning & Zoning Commission June 11, 2013 Erspamer requested the minutes regarding the intent of the PUD approval for the Alps as referred to by staff. Weiss said P&Z cannot enforce or weigh in on homeowner's association rules. P&Z reviews how this application compares to the code. Myrin said he is not comfortable approving this application based on table 4 existing non -conformities as one of the criteria is that the dimensional requirements of the underlying zone district shall be used as a guide; according to that table, none of density or unit sizes or heights would fit the dimensional requirements of the code. The code requires P&Z to use the underlying zone district as a guide and this does not match the PUD. Weiss stated the request is to memorialize something that cannot be changed without further land use review. Walterscheid suggested leaving the property as is rather than speculate what might come back as a future land use application. Ms. Tygre agreed P&Z could establish what exists on the property without making it a PUD. There is a baseline and it does not need to be memorialized in the form of a PUD. Gibbs stated the new development issue is not germane to this application. Gibbs agreed with staff there are good reasons to apply this PUD and staff has pointed out in order to deal with the Alps property in the future, it needs to be regularized and put into one coherent parcel with known dimensions and standards. Walterscheid said he does not see the necessity to change what the dimensional requirements are. Goode said although he can see staff's reasons for this proposal he can also support the P&Z members who are questioning this approval. Vann said PUD is a complex section of the city's code and if the applicants were coming in with a new development resembling what exists on site, P&Z would be correct in saying this is so far out of bounds it would not meet the requirements of the PUD section. Vann reiterated the buildings can be torn down and replaced as they exist and new structures or buildings voluntarily torn down must meet the underlying zoning dimensional requirements. One can replace existing non -conformities subject to special review approval based on the criteria if it is appropriate in the location; if it is consistent with surrounding development. The Alps is a non -conforming structure which the applicants could propose to demolish, request special review approval to put it back the way it is and if the P&Z were not inclined to give special review approval, the buildings will stand the way they are. Vann stated the idea of this is to address an aging complex and if a majority of homeowners wanted to do some work, this would remove some of the impediments. Vann said one has to assume what exists on the property is effectively the zoning; what exists today could not be built under today's code. Vann said the purpose of this application was to facilitate the Alps' ability to upgrade, maintain, reconfigure, replace and modernize their properties. Vann said the first direction from the homeowners was "do no harm"; this application was to make things consistent. Tom Todd, representing the applicant, told Council there would probably be significant discussion at homeowners meetings before any plan is approved for submittal to the city. Todd said this application is a baseline and was spurred on by the city's lodging study and the finding that 2/3 of condominium owners at the Alps rent their units and how can upgrade of the units be encouraged. Myrin moved to approve Resolution #14, recommending City Council approve a PUD amendment, rezoning to PUD and subdivision for the property located at 700 Ute Avenue; seconded by Ms. Tygre. Myrin moved to amend, Ms. Tygre withdrew her second. Myrin moved to approve Resolution #14, recommending City Council approve a PUD amendment, rezoning to PUD and subdivision for the property located at 700 Ute Avenue that exhibit B is modified to include only the parking space column and the first two columns on the left; seconded by Ms. Tygre. 61 • • Regular Meeting Planning & Zoning Commission June 11, 2013 Myrin said his purpose is to leave the dimension and underlying zoning to what exists at the time of an application. Debbie Quinn, assistant city attorney, noted no dimensions are being established by this motion. Vann stated a PUD approval with no underlying zoning does not work. Gibbs moved to continue to June 18; seconded by Walterscheid. All in favor with the exception of Weiss, motion carried. Gibbs moved to adjourn at 7:30; seconded by Goode. All in favor, motion carried. Kath Koch City Clerk 6 Regular Meeting • Planning & Zoning Commission • August 6, 2013 Exhibit I ASPEN ALPS PUD AMENDMENT Jessica Garrow, community development department, noted this is a continued public hearing for the applicant, Aspen Alps, requesting rezoning, PUD and subdivision review. Council is the final review authority with a recommendation from P&Z. Ms. Garrow said this project should be renumbered as Resolution #18. At the previous meeting, staff outlined the project request, which is to memorialize the existing development by a PUD overlay. There are existing legally established non -conformities, which the applicant is requesting be memorialized. Ms. Garrow reminded P&Z there were many questions on how the non -conforming chapter works, how it relates to this project and the effect of establishing a PUD for this property. Ms. Garrow pointed out in the non -conformity chapter there are two ways a non -conforming structure can be rebuilt. To be considered a legally established non -conformity, the building has to have been built under the code in place at the time. When the zoning changes over time, buildings built legally at the time are now non -conforming, this is the situation of the Alps. A non -conforming structure can be rebuilt through non -purposeful destruction, acts of God or acts of nature. Another way a non- conforming structure can be rebuilt is related to purposeful destruction when a building owner tears the building down and they can rebuild by complying with the existing code or they can go through special review process with P&Z. The latter is when a building owner wants to retain any parts of the non- conformity, like building over the adopted height limit. There are two non -conformities at the Aspen Alps that make this difficult. The first is unit size and the second is unit count. According to the non -conformity chapter, if one demolishes their building, they have one year to rebuild it to maintain the density and unit count. If it is not rebuilt within one year, a property owner has to get special permission to maintain the unit count. There is not the same provision for unit size. Ms. Garrow told P&Z at the Alps every building is over the code in terms of unit size. If the Alps were to come through the non -conformities chapter of the code, they would request the ability to build back the exact unit count and unit size in order not to create winners and losers in a redevelopment, where some owners might lose 700 square feet because they are a non -conformity in terms of unit size. Ms. Garrow said if the Alps does not receive approval to rebuild the same unit count and unit sizes, they will not go through with redevelopment. Ms. Garrow said going through the PUD or the non -conformity section of the code creates the same situation — what is there today is the baseline of what can happen with the parcel. The PUD would lock in and state the dimensions for each unit and for each building. If one of the buildings wanted to change parking, to expand, to increase setback, they would be subject to a full PUD process. Establishing a PUD does give some benefits to the city by establishing recorded dimensions for each of the units. When a property owner wants to remodel, they have to do floor area calculations and adopting a PUD would eliminate that work and that cost. Another benefit is that most of the utilities on the site are not located within easements or in sub -standard size easements. Going through the PUD process, the Alps will establish properly sized and located easements for the utilities. As part of the PUD process, updated lot descriptions will be created and will establish a clear legal description. Ms. Garrow noted adopting a PUD would provide some protection for the property owners to know what they have is legal and can be rebuilt rather than having to go through a discretionary process with an unknown outcome. Ms. Garrow reminded P&Z the parking for building 100 was discussed at the last Exhibit I, P&Z draft minutes 8.6.2013 1 Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived- However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Sign e The f regoing "Affidavit of Notice" was acknowledged before me this_ daay of , 20_\3 by &A (io- r WITNESS MY HAND AND OFFICIAL SEAL My commission . / Notary. ATTACHMENTS AS APPLICABLE: * COPY OF THE PUBLICATION * PHOTOGRAPH OF THE POSTED NOTICE (SIGN) * LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL * APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 100 Ube Q UQ.,, Aspen, CO SCHEDULED PUBLIC HEARING DATE: N0 n d pq=4 Sores+ Uq , 201S STATE OF COLORADO ) ) ss. County of Pitkin ) I, L d M 1 G H G 6' + 1 n (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice.; By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 20_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (Continued on next page) PUBLIC NOTICE RE: ASPEN ALPS CONDOMINIUMS - PLANNED UNIT DEVELOPMENT (PUD), REZONING, AND SUBDIVISON REVIEWS NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday September 9, 2013, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application sub- mitted by the Aspen Alps Condominium Associa- tion, for the property located at 700 Ute Avenue (commonly known as The Aspen Alps Condomini- ums), represented by Vann Associates, LLC. The applicant is requesting a Planned Unit Develop- ment (PUD) Amendment, Rezoning, and Subdivi- sion approval to document and memorialize the existing development and update easements. The property is legally described as: Parcel 1: Building 100, Aspen Alps, according to the Condominium Declaration for Aspen Alps re- corded December 11, 1963 in Book 205 at Page 145, as amended, and according to the Condo- minium Map recorded January 8, 1964 in Plat Book 2a at Page 308, County of Pitkin, State of Colo- rado; Parcel 2: Building 200, Aspen Alps West, accord- ing to the Condominium Declaration for Aspen Alps West recorded March 15, 1965 in Book 212 at Page 83, as amended, and according to the Con. dominium Map Recorded March 17, 1965 in Plat Book 3 at Page 26, Amendment No 1 Recorded February 25, 1992 in Plat Bock 28 4LOPS&S" Second Supplemental Condominium f467, and ad July 26, 2002 in Plat Book 61 at Page o- •, Supplemental Condominium Map Recorde, ber 12, 2010 in Plat Book 94 at Page 90, Count, Pitkin, Sate of Colorado; Parcel 3: Building 300, 400, 500, Aspen Alps South Condominiums, according to the Condominium Declaration for Aspen Alps South Recorded De- cember 1, 1965 in Book 217 at Page 189, and The First Supplement Recorded January 6, 1969 in Book 238 at Page 804, and according to The Con- dominium Map Recorded December 10, 1965 in Plat Book 3 at Page 54. and First Supplement Re- corded December 10, 1969 in Plat Book 3 at Page 373, Second Supplement Recorded Apnl 14, 2005 under Reception No. 508992, County of Pitkin, State of Colorado. Parcel includes a portion of Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6th Principal Meridi- an, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Manage- ment Supplemental Pat. Dated 1995, Recorded in Plat Book 36 at Page 94). Parcel 4: Building 700, Aspen Alps South Condo- miniums, according to the Condominium Declaration for Aspen Alps South recorded December 1, 1965 in Book 217 at Page 189, and The First Supplement Recorded January 6, 1969 in Book 238 at Page 804, and according to the Con- dominium Map recorded December 10, 1965 in Plat Book 3 at Page 54. and First Supplement Recorded December 10, 1969 in Plat Book 3 at Pagge 373, Second Supplement recorded April 14. 2005 under Reception No. 508992, Countyof Pitkin, State of Colorado. Parcel includes a portion of Government of 42. Section 18, Township 10 South, Range 84 West of The 6th Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lof 33, per Bureau af Land Manage Supp lementl Plat, Dated 1995 Recorded at Plat Book 36 at Page 94)� Parcel 5: Building 800. Aspen Alps Condominiums, according to The Condor Declaration For Aspen Alps North ry January 31. 1973 in Book 271 at Paga . the Amendment recorded June 4, 1973 in 276 at Page 393, and Agreement to Amend Condominium Declaration for Aspen Alps North Condominiums recorded October 19, 1993 in Book 727 at Page 437, and Agreement to Amend Condominium Declaration for Aspen Alps North Condominiums recorded October 19, 1993 in Book 727 at Page 457, and according to The Condominium Map recorded January 31, 1973, in Plat Book 4 at Page 353, and First Supplemental Condominium Map recorded October 19, 1993 in Plat Book 32 at Page 87. and Second Supplemental Condominium Map recorded October 19, 1993 in Plat Book 32 at Page 88, County of Pitkin, State of Colorado; Parcel 6: Lot 2a, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat of the George P. Mitchell and H.A. Bornefield, Jr Property, according to The Plat Thereof recorded September 3, 1992 under Reception No. 348317, County of Pitkin, State of Colorado. Parcel includes Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6th Principal Meridian, County of Pitkin. State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Man- agement Supplemental Plat, Dated 1995, Recorded in Plat Book 36 at Page 94); Parcel 7: Lot 2b, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat of the George P. Mitchell and H.A. Bornefield, Jr Property, according to The Plat Thereof recorded September 3, 1992 under Reception No. 348317. County of Phkin, Sate of Colorado; and Parcel 8: A Tract of Land Situated in The West One -Half of The Northwest One -Quarter of Section 18, Township 10 South, Range 84 West of The 6th P.M., County of Pitkin, State of Colorado, described as follows: Beginning At The Most Southwesterly Comer of That Tract of Land Shown On The Condominium Map of Aspen Alps North Recorded in Plat Book 4 At Page 353, From Whence Corner No. 9 of Aspen Townsite Bears North 10'06'00' East 239.97 Feet and North 39'57'22' West 403.50 Feet; Thence Along The Southerly Line of Said Tract of Land South 79'05'00' East 35.72 Feet; Thence South 20'15'00' East 11.00 Feet; Thence South 03'30'00' East 12.50 Feet To Line 5-6 of The M&Y Lode, United States Mineral Survey No. 3921; Thence Along Line 5-6 of Said M&Y Lode South 44'59'00' West 67.87 Feet To Line 3-4 of The Millionaire Lode, United States Mineral Survey No. 3620a; Thence Along Line 3-4 of Said Millionaire Lode North 04'30'00' East 55.20 Feet To Comer No. 4 of Said Millionaire Lode; Thence North 10'06'00' East 22.97 Feet To The Point of Beginning. For further information, contact Jessica Garrow at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2780, jessica.garrow®cityofaspen.com. al Steven Skadron, Mavor Aspen City Council `{ - Published in the Aspen Times Weekly on August 22,2013. [94725281 0 Peter Carman 700 Ute Ave., #808, Aspen, CO 81611 pcarman 137@aoL com 970-925-3036 August 12, 2013 Aspen City Council 130 South Galena Street Aspen, CO 81611 Honorable Mayor and City Council, I am an owner in the 800 building of the Aspen Alps Condominium Association. I wish to make it known that I support the Long Range Planning Process the Aspen Alps is undertaking, and I support the recent application for a Conforming PUD. I ask and encourage you to approve the PUD application. I appreciate your consideration in this matter. Sincerely, C (C-j- ~` ��� • • �A Dean. August 16, 2013 Aspen City Council 130 South Galena Street Aspen, CO 81611 Honorable Mayor and City Council: I am an owner in the 800 building of the Aspen Alps Condominium Association. I wish to make it known that I support the Long Range Planning Process the Aspen Alps is undertaking, and I support the recent application for a Conforming PUD. I ask and encourage you to approve the PUD application. I appreciate your consideration in this matter. Sincerely, 7ete chenkel (YI) Dean Foods Company 2711 North Haskell Avenue, Suite 3400 Dallas, Texas 75204 1 t] 214 303 3400 fl 214 303 3499 www.deanfoods.com V Regular Meeting • Planning & Zoning Commission • August 6, 2013 meeting and the application stated there were 16 parking spaces for building 100; one of those spaces is on the Glory Hole condominium property. The attorney for Glory Hole states it is 1.5 spaces; the applicant is working with Glory Hole on an easement to continue use of the 15`h spot. Staff recommends approving this request. Gibbs asked if there is a difference in how the common areas of the Alps parcel would be treated. Ms. Garrow said the non -conformity deals with the structure and the PUD is locking in building size. Ms. Garrow said the common areas at the Alps are governed through the master declaration, which would continue whether this is a PUD or not. Ms. Tygre asked whether the building measurements would be memorialized whether this is a PUD or not. Ms. Garrow said PUDs requires floor and site plans to be recorded and without that requirement, there is no need for the applicant to record these as an official document nor would it be recognized by the city. Ms. Garrow pointed out the Council ordinance and minutes regarding the Winter building have been included in the packet. Ms. Garrow said staff feels the intent was to put a PUD on the entire property but that is not way the ordinance is written nor is it clear in the minutes. Myrin asked if it would make more sense to adopt a general code amendment for projects within the city rather than adopting this rezoning for the Aspen Alps. Ms. Garrow said that is part of the lodge proposals and any code amendment related to that will not be before P&Z until next year. Ms. Garrow stated Council may not want to determine that every short term rental building is conforming. Myrin asked if there is another way to establish dimensions without using the PUD. Ms. Garrow said the only way to vary dimensions is through a PUD process or a specific redevelopment through special review. Jim DeFrancia, representing the applicant, pointed out there is no specific development proposal. The purpose of this request is to memorialize the existing Alps improvements in a regulatory way. DeFrancia stated the PUD would create a consistency and reliability within the property and clean up issues like utility easements, what is private and what is public, ownership of the South Alps road and would give the city a better point from which to address any development applications. DeFrancia said infrastructure issues, like easements, mud flows, roads, need to be addressed within the entire Alps property and those issues would be identified in a PUD agreement. DeFrancia reiterated the only point of this application is to bring the property into regulatory context so the property owners can consider what they need to do on some of the older buildings. Sunny Vann, representing the applicant, told P&Z this application was referred to all referral agencies and the water and fire departments indicate some of the lines are inadequate to meet modern fire codes and to allow any redevelopment. Vann said the PUD would contain conditions requiring the Alps to comply with the city's new drainage requirements. Vann said City Council is concerned about retaining short term accommodations, especially older condominiums and how to facilitate replacement and upgrading of these facilities. Vann noted the lodge zoning permits multi -family and lodges and in the past decades mostly multi -family has been built. To address the concern of declining bed base, Council down zoned the lodge district regarding multi -family and cut the floor area ratio in half, which made many properties non -conforming. Part of the current discussion is a realization that existing multi -family is important to the lodging inventory and it should be maintained to benefit the tourist base. Vann said with a PUD, the applicants have the certainty of knowing the properties can be retained, upgraded and the Alps will remain an important asset of short term accommodations. DeFrancia said applying the PUD is not meant to be an endorsement of higher density or heights; this is to address buildings that were built legally. DeFrancia said an alternative is to address individual applications for special review through the non -conforming code, which is not in either the owner's or Exhibit I, P&Z draft minutes 8.6.2013 2 • Regular Meeting Planning & Zoning Commission 0 August 6, 2013 the city's best interests. Vann said these individual special review applications have both uncertainty and costs and does not address issues for the entire complex or for the city. Myrin asked about a commitment to short term rentals as part of this application. DeFrancia said that is not the purpose of this PUD application. DeFrancia told the Commission that 50 to 65% of the units are in the short term rental pool and that probably will not change. Ms. Garrow said when a PUD is established, all dimensional requirements are established and if a PUD is adopted for the Alps, it will be conforming no matter what changes are adopted with the lodging program. Tom Todd, attorney, told the P&Z adding their resolution or Council ordinances to chain of title would not trigger a call of mortgage loans; these would be looked at as enhancing the value of the collateral as making regulations more clear. Vann said the fire department commented they would like appropriate turn arounds at the culminations of the roads within the Alps as part of redevelopment. Vann pointed out other infrastructure the applicant would have to address would be adequacy of water lines for fire protection purposes; adequacy of the roads for the fire trucks; and drainage. These issues are a benefit to the city and an encumbrance to the Alps. Erspamer asked about the deed restricted housing units. Todd said the Board approved the deed restriction and these will be presented to the housing office for approval. Myrin asked if this request could result in the units being rebuilt exactly as they are. Vann said the plan is to record elevations, floor plans and dimensional requirements. Currently small changes, like windows or doors, can be approved administratively. Larger changes would have to go through P&Z for a PUD amendment. Ms. Garrow pointed out the recommendation from the water department is for 20' easements, which is their standard requirement. The water department recognizes there are constraints on this property and they can accept less in some circumstances. Erspamer opened the public comment. Jeanne Doremus, attorney for Glory Hole condominium association, reaffirmed there are 1.5 parking spaces on their property and they are working with the Alps to resolve that. Susan Gaines said the square footage in her unit has not been ratified. Ms. Gaines said since this has come up 25% of the Alps owners have put their units for sale as they are concerned about this application. Ms. Gaines told P&Z she lives at the Alps full time; she is not covered by insurance for landslides or unstable soil conditions. Ms. Gaines said this property is on a hill and there are a lot of unknowns. John Corcoran, general manager Aspen Alps, told P&Z that 25% of the units have not been put on the market and no Board members have put their units up for sale; there are about 8 units for sale. Peter Carmen, Board member, said a number of owners have expressed concerns about this process and some of them ran for the Board. The incumbents were mostly re-elected by the Alps owners. Larry Abramson, Alps owners, stated there is a communication problems between owners and the Board and perhaps this application will make the communication better. Abramson said one of the biggest problems is this application and lack of information by the owners. Erspamer closed public comments. Myrin stated he is not comfortable with an application based on the number of non -conformities. Myrin said if this is a direction the community wants to take, it should be a code amendment, which he could support as opposed to this process. Ms. Tygre said she would like the Alps to be able to maintain its structures and to do improvements. Ms. Tygre said she supports the memorialization, however, has issues with the process — this is not a PUD, it was built before PUDs existed. Ms. Tygre said calling Exhibit I, P&Z draft minutes 8.6.2013 3 Regular Meeting Planning & Zoning Commission August 6, 2013 something a PUD after the fact seems to be a bad use of the PUD process. Previous PUD applications have been in conjunction with proposed developments not to memorialize an existing development; there is no provision in the code for a "reverse PUD". Contorting a process to fit an individual need creates problems. Gibbs pointed out there is already a PUD designation on a portion of the Alps and the intent was to make the entire parcel a PUD. Gibbs stated he supports this application; staff has explained the rationale and the benefits, consistent with the code. Gibbs said he does not see the negative impacts of approving this application. Weiss said there is a conflict between the Board and the Alps owners; however, that is not under the P&Z's purview. Weiss said he does not have a problem with this application. Erspamer agreed this application will probably better the process; however, there are some concerns. The first is the outreach process; the application instructs applicants to conduct outreach, which should include one's homeowners. Second, the city will draft a new code on lodging; no one knows what that code will entail and Erspamer said he is reluctant to approve an amendment that might be addressed by the code amendment. Erspamer stated he would prefer to wait to see the lodging code amendment. Weiss told the commission he attended the lodging incentive work session and it will probably not be major amendments, especially regarding condominiums. Myrin agreed with he would like to see what code amendments will come out of the lodging incentive. Gibbs stated basing decision on future code possibilities is an abuse of P&Z's discretion. Gibbs said the Commission should look at the application, look at what the code says and make a decision based on that. The application was submitted in good faith, under the existing code, and the Commission should make a decision. Myrin pointed out the chart in the packet illustrates that this does not meet any of the current code and he cannot support applications under the existing code that are non -conforming. Myrin said before adopting a PUD to vary these requirements, there should be things like a transportation study and a site visit. Vann reminded P&Z the Alps went through the process to build the Winter building under existing zoning. Vann said portions of the Alps were zoned conservation, R-15 and lodge through zone designations after the Alps was built. City staff said they could recommend approval of the Winter building with a PUD and rezoning to lodge so that the Alps is no longer a non -conforming use and as a quid pro quo to put a PUD over the entire parcel so the city could review an application on a global basis. Vann said the ordinance that approved the Winter building is unclear regarding the parcel descriptions and staff recommended redoing the PUD overlay as there are no documents of record. DeFrancia reiterated the core issue is cleaning up the property from a partial PUD to a total PUD with a PUD agreement, and identifying constraints and make it easier for the Alps addressing their future needs. Ms. Tygre moved to approve Resolution #18, Series 2013, recommending City Council approve a PUD amendment, PUD review, rezoning and subdivision for the Aspen Alps that memorializes the existing development; seconded by Gibbs. Myrin reiterated he is opposed to this as table 4 indicates this project does not meet current code. Weiss, yes; Myrin, no; Ms. Tygre, no; Gibbs, yes; Erspamer, no. Motion NOT carried. Myrin moved to recommend to City Council to deny the application; seconded by Ms. Tygre. Weiss, no; Myrin, yes; Ms. Tygre, yes; Gibbs, no; Erspamer, yes. Exhibit I, P&Z draft minutes 8.6.2013 4 � Exh�Li+7 LAVA ENCE M. ABRAMSON ATTORNEY AT LAW 1860 Forest Hill Boulevard Suite 200 West Palm Beach, Florida 33406 Telephone: (561) 965-3411 FAX: (561) 965-0059 Email: Lawrenceabramsonnaol.com August 12, 2013 The Honorable Steve Skadron Mayor of Aspen Aspen City Hall 130 South Galena Street Aspen, CO 81611 RE: Aspen Alps Application for PUD Approval Dear Mayor Skadron; I am the owner of 114 of Aspen Alps and I am writing you this letter to request your support of the Aspen Alps Application for PUD, which is coming before the Council for first reading on August 26, 2013. As I am sure you're are aware there was some controversy regarding this application. Now that all the work and money has been spent on the proposed PUD, and it has been recommended by City Staff, I wish to urge you to accept it. I recognize the Planning and Zoning Commission voted not to recommend passage, but I attended that meeting and, quite frankly, the reasons given by those opposing this Proposal seemed, to me, to miss the mark entirely. The resulting approval of this application would do nothing but simplify matters for both the City and for the Aspen Alps and, quite frankly, there appears, in reality, to be no down side whatsoever. As the City Staff has recognized, this Proposal simply recognizes what is there now and would simplify any action in the future, for both the Alps and for the City. I appreciate your consideration and again urge you, as an owner at the Aspen Alps, to approve the application. Very truly yours, 4 ii (" LAWRENCE M. ABRAMSON, ESQ. LMA/dll cc: John Cochran, General Manager, Aspen Alsp larry\aspenalps\Itr.pud. app. skadron 0 Edward K. Chandler 281 West Laurel Avenue Lake Forest, Illinois 60045 August 25, 2013 Aspen City Council 130 South Galena Street Aspen, CO 81611 Honorable Mayor and Council Members, For over forty years, my family and I have been owners of apartments in the 500 building of the Aspen Alps Condominium Association. While we use the units each year for our own ski vacations, we also rent out all three, summer and winter, for as many days as we can. We believe that the Aspen Alps' Long Range Planning Process has been crucial to our preparation for the future — even, that it could be a model for other older Aspen establishments seeking as we do to secure vitality through this century. We strongly support the recent application for a Conforming PUD, which is a necessary cornerstone, allowing us to address the complex problems in renewal of the property. I encourage you to approve the PUD application. Thank you for your consideration of this matter, and for your dedication to the town we love. Sincerely, Ed Chandler 0 • Accra a� LOYD E. WRIGHT III C,4 (So"Ad`aozaL ,ax'iavutcara August 15, 2013 Aspen City Council 130 South Galena Street Aspen, Colorado 81611 Re: Aspen Alps PUD Application Honorable Mayor and City Council: I am an owner in the 100 Building of the Aspen Alps Condominium Association ("Aspen Alps") and wish to make it known that I whole heartedly support the Long Range Planning Process that the Aspen Alps is undertaking. I also support the recent Application for a Conforming PUD, which the Aspen Alps has submitted. I ask and encourage you to approve the PUD Application and appreciate your consideration in this matter. /a rl Very truly yours, E� oyd right III 3991 MacArthur Boulevard • Suite 175 • Newport Beach, California 92660 Telephone 949.833.8844 • Facsimile 949.833.8898 e-mail: lewspot@aol.com • August 15, 2013 Aspen City Council 130 South Galena Street Aspen, CO 81611 Honorable Mayor and City Council, I am an owner in the 100 building of the Aspen Alps Condominium Association. I wish to make it known that I support the Long Range Planning Process the Aspen Alps is undertaking, and I support the recent application for a Conforming PUD. I ask and encourage you to approve the PUD application. I appreciate your consideration in this matter. Sincerely, Mr. Robert Paulin Apartment 105 11 LANDMARK AMERICA INC. Ref DWR/SOB/L.109 Aspen City Council, 130 South Galena Street, Aspen, CO 81611, U.S.A. Honorable Mayor and City Council, Please reply to. The Stables, Les Chasses, La Rue des Chasses, St. John, Jersey, JE3 4EE Channel Islands (UK) Tel: +44 1534 865584 Fax: +44 1534 865516 e-mail: dwr@roberts.je W' August, 2013 We are an owner in the 100 building of the Aspen Alps Condominium Association. We wish to make it known that we support the Long Range Planning Process the Aspen Alps is undertaking, and we support the recent application for a Conforming PUD. We ask and encourage you to approve the PUD application. We appreciate your consideration in this matter. Yours sincerely, David W. Roberts President Incorporated hi the State of Colorado C1 • August 13, 2013 Aspen City Council 130 South Galena Street Aspen, CO 81611 Honorable Mayor and City Council, Bryce Word 425 Is'St. Unit 3705 San Francisco, CA 94105 (808) 295-6833 1 bryceword@mac.com I am an owner in the 200 building of the Aspen Alps Condominium Association. Both Aspen and the Aspen Alps Condominium have significant sentimental value to me and my family. I wish to snake it known that I support the Long Range Planning Process the Aspen Alps is undertaking, and I support the recent application for a Conforming PUD. I ask and encourage you to approve the PUD application. I appreciate your consideration in this matter. Sincerely, *141 Bryce Word August 13, 2013 Aspen City Council 130 South Galena Street Aspen, CO 81611 Honorable Mayor and City Council, I am an owner in the 200 building of the Aspen Alps Condominium Association. I wish to make it known that I support the Long Range Planning Process the Aspen Alps is undertaking, and I support the recent application for a Conforming PUD. I ask and encourage you to approve the PUD application. I appreciate your consideration in this matter. Sincer ly, John Bur ss Apartment 202/211 0 i August 13, 2013 Aspen City Council 130 South Galena Street Aspen, CO 81611 Honorable Mayor and City Council, I am an owner in the 200 building of the Aspen Alps Condominium Association. I wish to make it known that I support the Long Range Planning Process the Aspen Alps is undertaking, and I support the recent application for a Conforming PUD. I ask and encourage you to approve the PUD application. I appreciate your consideration in this matter. Sincerely, • • DANIELS, FINE, ISRAELI SCHONBUCH & LEBOVITS, LLP ATTORNEYS AT LAW 1801 CENTURY PARK FAn NaTru FwoR LOS ANGELSB, CAUFORNIA 90067 TELEmom (310) 556-7900 FAcsimiu (310) 556-2807 DFIS-LAW.COM MOSES LEBOVITS Partner August 28, 2013 Aspen City Council 130 South Galena Street Aspen, CO 81611 Re: Aspen Long Range Planning Honorable Mayor and City Council: E-MAIL Lebovits@dfis-law.com I am an owner in the 200 building of the Aspen Alps Condominium Association. I wish to make it known that I support the Long Range Planning Process the Aspen Alps is undertaking, and I support the recent application for a Conforming PUD. I ask and encourage you to approve the PUD application. I appreciate your consideration in this matter. Sincerely, ML/tlb/ 1505-1000.Aspen LLP • • 1401 AVOCADO AVENUE, SUITE 901 RHODES DEVELOPMENT CO. GLENDALE, CALIFORNIA DEPARTMENT G 800.909.7721 NEWPORT BEACH, CALIFORNIA 92660-7785 CAUSEY & RHODES 949.759.9179 (FAX) 949.644.0603 949.759.9179 (FAX) BUILDERS - DEVELOPERS August 20, 2013 Aspen City Council 130 South Galena Street Aspen, CO 81611 Honorable Mayor and City Council, I am an owner in the 200 building of the Aspen Alps Condominium Association. I wish to make it known that I support the recent application for a Conforming PUD. I ask and encourage you to approve the PUD application. I appreciate your consideration in this matter. Sincerely, Marjo *e S Rhodes, LLC C R '0',- -0-) Susan R Matijasevic Manager 29Aug 1309:24a�J11 IL:Z)NO August 27, 2013 Aspen City Council 13DSouth Galena Street Aspen, CO 81611 Honorable Mayor and City Council, • p.2 No.8495 P, 2 i am the owner of apartment 215 and 210 in the 200 building of the Aspen Alps Condominium Association. I wish to make it known that I support the long Range Planning Process the Aspen AI s is undertaking, and I support the recent application far a Conforming PUD. I ask and encourage you to approve the PUD application, I appreciate your consideration in this matter, 5incerely, Mom" "'oussaieff Apartments 210 and 215 Aspen Alps VGA ALPS, LLC 6625 ZUIVIIREZ DRIVE MALIBU, CALIFORNIA 90265 310.457.7797 bobadlerl@gmail.com August 13, 2013 Aspen City Council 130 South Galena Street Aspen, CO 81611 Honorable Mayor and City Council, I am an owner in the 200 building of the Aspen Alps Condominium Association. I wish to make it known that I support the Long Range Planning Process the Aspen Alps is undertaking, and I support the recent application for a Conforming PUD. I ask and encourage you to approve the PUD application. We are relying on your approval of this PUD so that the structural integrity and longevity of our building can be assured. I appreciate your consideration in this matter. Sincerely, Robert C. Adler, CEO VGA ALPS, LLC TELEPHONE 410-539-2800 OFFICE OF MORRIS FEDDER (1926-61) Mayor Steven Skadron and Members of Aspen City Council 130 South Galena Street Aspen, CO 81611 FEDDER AND GARTEN PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW 36 SOUTH CHARLES STREET SUITE 2300 BALTIMORE, MARYLAND 21201-3177 FACSIMILE 410-659-0543 August 14, 2013 E-MAIL hsp@fedgar.com Honorable Mayor Skadron and Members of the City Council: I am a long time owner of Unit 308 in the 300 building of the Aspen Alps Condominium Association and my family and I consider Aspen as our second home and most favored location anywhere. I wish to make it known that I support the Long Range Planning Process the Aspen Alps is undertaking, and the recent application for a Conforming PUD, which I believe the approval of is a "win -win" situation for the City, its citizens, its business and property owners. Your favorable consideration of the PUD application is much appreciated. Sincerely, Herbert S. Garten HSG/pbw • August 13, 2013 Aspen City Council 130 South Galena Street Aspen, CO 81611 Honorable Mayor and City Council, I am an owner in the 300 building of the Aspen Alps Condominium Association. I wish to make it known that I support the Long Range Planning Process the Aspen Alps is undertaking, and I support the recent application for a Conforming PUD. I ask and encourage you to approve the PUD application. I appreciate your consideration in this matter. Sincerely, -� - �,3 6 R August 13, 2013 Aspen City Council 130 South Galena Street Aspen, CO 81611 Honorable Mayor and City Council, I am an owner in the 300 building of the Aspen Alps Condominium Association. I wish to make it known that I support the Long Range Planning Process the Aspen Alps is undertaking, and I support the recent application for a Conforming PUD. I ask and encourage you to approve the PUD application. I appreciate your consideration in this matter. Sin ely, Carolyn Bernstei Apartment 303 Karen Kaplan Apartment 303 Jenny Morton and Mike Wilson 1.7 Petersham Place London, SW7 5PX United Xingdom August 13, 2013 Aspen City Council 130 South Galena Street Aspen, CO 81611 Honorable Mayor and City Council, I am an owner in the 300 building of the Aspen Alps Condominium Association. I wish to make it known that I strongly support the Long Range Planning Process the Aspen Alps is undertaking, and I support the recent application for a Conforming PUD. I ask and encourage you to approve the PUD application. I appreciate your consideration in this matter. Sincerely, Jezy Morto hand Mike Wilson ees Unit 305, Aspen Alps C� MORRIS CAPITAL MANAGEMENT, INC. August 12, 2013 Aspen City Council 130 South Galena Street Aspen, CO 81611 Mayor Skadron and City Council: I am own apartment #401, in the 400 building at the Aspen Alps condominium complex. I wholeheartedly support the long range planning process, which the Aspen Alps is undertaking and support the recent application for a Conforming PUD. I ask and encourage you to approve the PUD application Thank you for your consideration in this matter. Sincerely, Diane Morris Chair, Long Rang Planning Committee 2550 SCOTT STREET, SAN FRANCISCO, CALIFORNIA 94115 TELEPHONE: 415.563.4220 FAX: 415.563.1857 DLMQMORRISCAPMGMT.COM 0 0 William J. Cabaniss, Jr. 4 Office Park Circle, Suite 115 • Birmingham, Alabama 35223 willcab@charter.net Former U. S. Ambassador - Czech Republic August 27, 2013 Aspen City Council 130 South Galena Street Aspen, CO 81611 Honorable Mayor and City Council: I am an owner in the 400 building of the Aspen Alps Condominium Association. I wish to make it known that I support the Long ange Conf Planning ni ing PUD Process I askeand encot spen a;esyoudto approversd I the support the recent applicationfor a PUD application. I appreciate your consideration in this matter. Sincerely. ?illiai-n J. Caba ss, Jr. ivg WJC 0 0 August 15, 2013 Aspen City Council 130 South Galena Street Aspen, CO 81611 Honorable Mayor and City Council, I am an owner in the 400 building of the Aspen Alps Condominium Association. I wish to make it known that I support the Long Range Planning Process the Aspen Alps is undertaking, and I support the recent application for a Conforming PUD. I ask and encourage you to approve the PUD application. I appreciate your consideration in this matter. Sincerely, 0-6c"j- au kw,&, c Mrs. Darlene McCluskey Apartment 405 August 12, 2013 Aspen City Council 130 South Galena Street Aspen, CO 81611 Honorable Mayor and City Council, I am an owner in the 400 building of the Aspen Alps Condominium Association. I wish to make it known that I support the Long Range Planning Process the Aspen Alps is undertaking, and I support the recent application for a Conforming PUD. I ask and encourage you to approve the PUD application. I appreciate your consideration in this matter. Sincerely, �� `5 / 5 0 • August 28, 2013 Aspen City Council 130 South Galena Street Aspen, CO 81611 Honorable Mayor and City Council, I am the owner of apartment 503 in the 500 building of the Aspen Alps Condominium Association. I wish to make it known that I support the Long Range Planning Process the Aspen Alps is undertaking, and I support the recent application for a Conforming PUD. I ask and encourage you to approve the PUD application. I appreciate your consideration in this matter. Sincerely, Diane Halpryn Apartment 503 0 • Kelley H Purnell PO Box 268 Woody Creek, CO 81656 August 12, 2013 Aspen City Council 130 South Galena Street Aspen, CO 81611 Honorable Mayor and City Council, I am an owner in the 500 building of the Aspen Alps Condominium Association. I wish to make it known that I support the Long Range Planning Process the Aspen Alps is undertaking, and 1 support the recent application for a Conforming PUD. I ask and encourage you to approve the PUD application. I appreciate your consideration in this matter. Sincerely, 0 0 DOV SEIDMAN 700 UTE AVENUE UNIT 701 ASPEN, CO 81611 August 15, 2013 Aspen City Council 130 South Galena Street Aspen, CO 81611 Honorable Mayor and City Council, I am an owner in the 700 building of the Aspen Alps Condominium Association. I wish to make it known that I support the Long Range Planning Process the Aspen Alps is undertaking, and I support the recent application for a Conforming PUD. I ask and encourage you to approve the PUD application. I appreciate your consideration in this matter. Sincerely, Dov Seidman E-mail: dseidman@lm.com Phone: (970) 925-7932 0 0 CHARLES AYRES 117 East 72"d Street New York, NY 10021 August 12`h, 2013 Aspen City Council 130 South Galena Street Aspen, CO 81611 Honorable Mayor and City Council, I am an owner in the 700 building of the Aspen Alps Condominium Association. I wish to make it known that I support the Long Range Planning Process the Aspen Alps is undertaking, and I support the recent application for a Conforming PUD. I ask and encourage you to approve the PUD application. I appreciate your consideration in this matter. Sincerely, Charles Ayres • Michael D. Gelfand August 27, 2013 Aspen City Council 130 South Galena Street Aspen, CO 81611 Honorable Mayor and City Council, I am an owner in the 700 building of the Aspen Alps Condominium Association. I wish to make it known that I support the Long Range Planning Process the Aspen Alps is undertaking, and I support the recent application for a Conforming PUD. I ask and encourage you to approve the PUD application. I appreciate your consideration in this matter. Sincerely, ".."2 8j�a Michael D. Gelfand 0 • August 12, 2013 Aspen City Council 130 South Galena Street Aspen, CO 81611 Honorable Mayor and City Council, -Jab I am an owner in thepd building of the Aspen Alps Condominium Association. I wish to make it known that I support the Long Range Planning Process the Aspen Alps is undertaking, and I support the recent application for a Conforming PUD. I ask and encourage you to approve the PUD application. I appreciate your consideration in this matter. Sincerely, / �%� 0 • Peter D Fox Chairman August 12, 2013 Aspen City Council 130 South Galena Street Aspen, CO 81611 Honorable Mayor and City Council, LINFOX Fox Group Holdings Pry Ltd 2nd Floor 493 St Kilda Road Melbourne 3004 Tel (03) 9869 8555 Fax (03) 9869 8599 I am an owner in the 800 building of the Aspen Alps Condominium Association. I wish to make it known that I support the Long Range Planning Process the Aspen Alps is undertaking, and I support the recent application for a Conforming PUD. I ask and encourage you to approve the PUD application. I appreciate your consideration in this matter. Sincerely, Peter Fox Linfox Ply Ltd 004 667 298, Llnfex Finance Ply Ltd 008 639 530, Llnlox Asset Management Ply Ltd 00B 639 478, Linlox Transport (Ausl) Ply Ltd 004 719 647 • PUBLIC NOTICE RE: ASPEN ALPS CONDOMINIUMS - PLANNED UNIT DEVELOPMENT (PUD), REZONING, AND SUBDIVISON REVIEWS NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday September 9, 2013, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Aspen Alps Condominium Association, for the property located at 700 Ute Avenue (commonly known as The Aspen Alps Condominiums), represented by Vann Associates, LLC. The applicant is requesting a Planned Unit Development (PUD) Amendment, Rezoning, and Subdivision approval to document and memorialize the existing development and update easements. The property is legally described as: •Parcel 1: Building 100, Aspen Alps, according to the Condominium Declaration for Aspen Alps recorded December 11, 1963 in Book 205 at Page 145, as amended, and according to the Condominium Map recorded January 8, 1964 in Plat Book 2a at Page 308, County of Pitkin, State of Colorado; Parcel 2: Building 200, Aspen Alps West, according to the Condominium Declaration for Aspen Alps .West recorded March 15, 1965 in Book 212 at Page 83, as amended, and according to the Condominium Map Recorded March 17, 1965 in Plat Book 3 at Page 26, Amendment No 1 Recorded February 25, 1992 in Plat Book 28 at Page 69, Second Supplemental Condominium Map Recorded July 26, 2002 in Plat Book 61 at Page 40, Third Supplemental Condominium Map Recorded October 12, 2010 in Plat Book 94 at Page 90, County of Pitkin, State of Colorado; Parcel 3: Building 300, 400, 500, Aspen Alps South Condominiums, according to the Condominium Declaration for Aspen Alps South Recorded December 1, 1965 in Book 217 at Page 189, and The First Supplement Recorded January 6, 1969 in Book 238 at Page 804, and according to The Condominium Map Recorded December 10, 1965 in Plat Book 3 at Page 54, and First Supplement Recorded December 10, 1969 in Plat Book 3 at Page 373, Second Supplement Recorded April 14, 2005 under Reception No. 508992, County of Pitkin, State of Colorado. Parcel includes a portion of Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6 h Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded in Plat Book 36 at Page 94); Parcel 4: Building 700, Aspen Alps South Condominiums, according to the Condominium Declaration for Aspen Alps South recorded December 1, 1965 in Book 217 at Page 189, and The First Supplement Recorded January 6, 1969 in Book 238 at Page 804, and according to the Condominium Map recorded December 10, 1965 in Plat Book 3 at Page 54, and First Supplement Recorded December 10, 1969 in Plat Book 3 at Page 373, Second Supplement recorded April 14, 2005 under Reception No. 508992 County of Pitkin, State of Colorado. Parcel includes a portion of Government Lot 42, Secti- Township 10 South, Range 84 West of The 6 h Principal Meridian, County of Pitkin, State (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dat - " at Plat Book 36 at Page 94); Parcel 5: Building 800, Aspen Alps North Condominiums, accord: For Aspen Alps North recorded January 31, 1973 in Book 271 recorded June 4, 1973 in Book 276 at Page 393, and Agreement to for Aspen Alps North Condominiums recorded October 19, 1993 Agreement to Amend Condominium Declaration for Aspen Alps . October 19, 1993 in Book 727 at Page 457, and according to The Condc 31, 1973, in Plat Book 4 at Page 353, and First Supplemental Condominit 1993 in Plat Book 32 at Page 87, and Second Supplemental Condominiun 1993 in Plat Book 32 at Page 88, County of Pitkin, State of Colorado; E • Parcel 6: Lot 2a, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat of the George P. Mitchell and H.A. Bornefield, Jr Property, according to The Plat Thereof recorded September 3, 1992 under Reception No. 348317, County of Pitkin, State of Colorado. Parcel includes Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6 h Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded in Plat Book 36 at Page 94); Parcel 7: Lot 2b, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat of the George P. Mitchell and H.A. Bornefield, Jr Property, according to The Plat Thereof recorded September 3, 1992 under Reception No. 348317, County of Pitkin, State of Colorado; and Parcel 8: A Tract of Land Situated in The West One -Half of The Northwest One -Quarter of Section 18, • Township 10 South, Range 84 West of The 6 h P.M., County of Pitkin, State of Colorado, described as follows: Beginning At The Most Southwesterly Corner of That Tract of Land Shown On The Condominium Map of Aspen Alps North Recorded in Plat Book 4 At Page 353, From Whence Corner No. 9 of Aspen Townsite Bears North 10*06'00" East 239.97 Feet and North 39*57'22" West 403.50 Feet; Thence Along The Southerly Line of Said Tract of Land South 79*05,00" East 35.72 Feet; Thence South 20*15'00" East 11.00 Feet; Thence South 03*30'00" East 12.50 Feet To Line 5-6 of The M&Y Lode, United States Mineral Survey No. 3921; Thence Along Line 5-6 of Said M&Y Lode South 44*59'00" West 67.87 Feet To Line 3-4 of The Millionaire Lode, United States Mineral Survey No. 3620a; Thence Along Line 3-4 of Said Millionaire Lode North 04*30'00" East 55.20 Feet To Corner No. 4 of Said Millionaire Lode; Thence North 10*06'00" East 22.97 Feet To The Point of Beginning. For further information, contact Jessica Garrow at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2780, jessica.garrow@cityofaspen.com. s/ Steven Skadron, Mayor Aspen City Council Published in the Aspen Times on August 22, 2013 City of Aspen Account 4W RECEIVEL' AUG 2 9 2013 CITY OF ASPEN COMMUNITY [)EVELOPMEW, PEI COMMUNITY DEVELOPMENT DEPARTMENT • 130 SOUTH GALENA STREET ASPEN, CO 81611 0 ".t 1{.l ,Cl � } F'"f�rf 1 CHATEAU DU MONT CONDO ASSOC 715 E DURANT AVE ASPEN, CO 81611 NIXIE Liberty FOREVER 802 7E 1009 0008/26/13 RETURN TO SENDER ATTEMPTED - NOT KNOWN UNABLE TO FORWARD BC: 8�1611�190Z30 I*1979I-0207 0-Z2-4Z mY R&pl @1902 111111 11 1111111 , I'll 1111111{11.'111111 MUNITY DEVELOPMENT DEPARTMEN? 130 SOUTH GALENA STREET ASPEN, CO 81611 • GRAND JUNC;T'ION CC) 81S Lam' AU(--,01 �. v I T 5A Freedom FOREVER CHATEAU CHAUMONT CONDO ASSOC C/O CRV`: 720EHYMANAV' P,I 802 5E 1909 0008/26/13 ASPEN, CO 8161 RETURN TO SENDER ATTEMPTED - NOT KNOWN UNABLE TO FORWARD BC: 81611.190230 *1979-92560-22-42 ei�, 3s:u@3.9ez �I�III�►III'III�IIiIt111Il�IlI111iI�II�IIiIII��IIII�iI�iiIIIII�� 40 N MMUNITY DEVELOPr r)F-06PTkAF.N' 130 SOUTH GALENA STktL ASPEN, CO 81611 0 GRA14D 31. 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Liberty FORE COMMUNITY DEVELOPMENT DEPARTMENT • 130 SOUTH GALENA STREET ASPEN, CO 81611 • M EqualityAV FOREVER DURANT MALL PROP LLC 39 MOUNTAIN LAUREL DR 720 E DURANT ST ASPEN, CO8161NTXTF RA? 5F 1A61q AIR AR/3i i"q Rk TjRN TO SEINDER J. t m W I t'L. - N'6 ;. i9w?4 UNABLE TO FORWARD 9" �'r�•"' `� "'-s� ii9",i'3„�i;;��i„I,i;I„�i„',„�i"iii'iliii'i'illiiii'iii'ti COMMUNITY DEVELOPMENT DEPARTMENT • 130 SOUTH GALENA STREET ASPEN, CO 81611 GRAND -lLl:':CA�i'Yl l.C)%. 7-7, A.l. l i --t I .} PFr l 1 1 ^ Freedom FOREVER CORDUROY CRUISERS LLC 710 E DURANT AVE ASPEN, CO 8 NIXIE 80Z SE 1009 0008/30/13 RETURN TO SENDER ATTEMPTED - NOT KNOWN "NA,BLE TO PORWAP,D BC: 81611190230 *1979-02079-Z2-42 ;3i�ii-efi&El@3.90Z IIIIIIIIIIII-IIIIIII,tIIII"IIII,IIIIIIIII,III,II-IIII"IIIIII�I, OMMUNITY DEVELOPMENT DEPARTMENT 130 SOUTH GALENA STREET ASPEN, CO 81611 • GRAND JUNCTION CO SIS Equality FOREVER SCHALDACH NANCY 799 KEYBISCAYNE NIXIE ^^. 333 SE 1009 0009/11/13 RETURN TO SENDER INSUFFICIENT ADDRESS BC: 81611190230 *1979-02288-22-42 �,,,I H ,„ !tl,:llll: II. IIIIl, 1l11 ,i ! 1 • AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ;�?�y%Gx flye!0:5� </61k5- , Aspen, CO SCHEDUL LIC HEARING DATE: 20Z STATE OF COLORADO ) SS. County of Pitkin ) I, 06—WA ! Y411W (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the day of , 20_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. V Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copv of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prio to the public hearing on such amendments. The f egoing "Affidavit of Notice" was of V' , 20, by _ TARA L. NELSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20014030017 MY COMMISSION EXPIRES 09/26/2017 46 before me this 1 day WITNESS MY HAND ANDOFFICIALSEAL My cowission expires: I Zd Notary Public ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGH) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYAWL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-I03.3 • PUBLIC NOTICE • RE: ASPEN ALPS CONDOMINIUMS - PLANNED UNIT DEVELOPMENT (PUD), REZONING, AND SUBDIVISON REVIEWS NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday September 9, 2013, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Aspen Alps Condominium Association, for the property located at 700 Ute Avenue (commonly known as The Aspen Alps Condominiums), represented by Vann Associates, LLC. The applicant is requesting a Planned Unit Development (PUD) Amendment, Rezoning, and Subdivision approval to document and memorialize the existing development and update easements. The property is legally described as: Parcel 1: Building 100, Aspen Alps, according to the Condominium Declaration for Aspen Alps recorded December 11, 1963 in Book 205 at Page 145, as amended, and according to the Condominium Map recorded January 8, 1964 in Plat Book 2a at Page 308, County of Pitkin, State of Colorado; Parcel 2: Building 200, Aspen Alps West, according to the Condominium Declaration for Aspen Alps West recorded March 15, 1965 in Book 212 at Page 83, as amended, and according to the Condominium Map Recorded March 17, 1965 in Plat Book 3 at Page 26, Amendment No 1 Recorded February 25, 1992 in Plat Book 28 at Page 69, Second Supplemental Condominium Map Recorded July 26, 2002 in Plat Book 61 at Page 40, Third Supplemental Condominium Map Recorded October 12, 2010 in Plat Book 94 at Page 90, County of Pitkin, State of Colorado; Parcel 3: Building 300, 400, 500, Aspen Alps South Condominiums, according to the Condominium Declaration for Aspen Alps South Recorded December 1, 1965 in Book 217 at Page 189, and The First Supplement Recorded January 6, 1969 in Book 238 at Page 804, and according to The Condominium Map Recorded December 10, 1965 in Plat Book 3 at Page 54, and First Supplement Recorded December 10, 1969 in Plat Book 3 at Page 373, Second Supplement Recorded April 14, 2005 under Reception No. 508992, County of Pitkin, State of Colorado. Parcel includes a portion of Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6`h Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded in Plat Book 36 at Page 94); Parcel 4: Building 700, Aspen Alps South Condominiums, according to the Condominium Declaration for Aspen Alps South recorded December 1, 1965 in Book 217 at Page 189, and The First Supplement Recorded January 6, 1969 in Book 238 at Page 804, and according to the Condominium Map recorded December 10, 1965 in Plat Book 3 at Page 54, and First Supplement Recorded December 10, 1969 in Plat Book 3 at Page 373, Second Supplement recorded April 14, 2005 under Reception No. 508992, County of Pitkin, State of Colorado. Parcel includes a portion of Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6b Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded at Plat Book 36 at Page 94); Parcel 5: Building 800, Aspen Alps North Condominiums, according to The Condominium Declaration For Aspen Alps North recorded January 31, 1973 in Book 271 at Page 967, and the Amendment recorded June 4, 1973 in Book 276 at Page 393, and Agreement to Amend Condominium Declaration for Aspen Alps North Condominiums recorded October 19, 1993 in Book 727 at Page 437, and Agreement to Amend Condominium Declaration for Aspen Alps North Condominiums recorded October 19, 1993 in Book 727 at Page 457, and according to The Condominium Map recorded January 31, 1973, in Plat Book 4 at Page 353, and First Supplemental Condominium Map recorded October 19, 1993 in Plat Book 32 at Page 87, and Second Supplemental Condominium Map recorded October 19, 1993 in Plat Book 32 at Page 88, County of Pitkin, State of Colorado; 0 • Parcel 6: Lot 2a, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat of the George P. Mitchell and H.A. Bomefield, Jr Property, according to The Plat Thereof recorded September 3, 1992 under Reception No. 348317, County of Pitkin, State of Colorado. Parcel includes Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6'h Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded in Plat Book 36 at Page 94); Parcel 7: Lot 2b, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat of the George P. Mitchell and H.A. Bomefield, Jr Property, according to The Plat Thereof recorded September 3, 1992 under Reception No. 348317, County of Pitkin, State of Colorado; and Parcel 8: A Tract of Land Situated in The West One -Half of The Northwest One -Quarter of Section 18, Township 10 South, Range 84 West of The 6t' P.M., County of Pitkin, State of Colorado, described as follows: Beginning At The Most Southwesterly Corner of That Tract of Land Shown On The Condominium Map of Aspen Alps North Recorded in Plat Book 4 At Page 353, From Whence Corner No. 9 of Aspen Townsite Bears North 10*06'00" East 239.97 Feet and North 39*57'22" West 403.50 Feet; Thence Along The Southerly Line of Said Tract of Land South 79*05'00" East 35.72 Feet; Thence South 20*15'00" East 11.00 Feet; Thence South 03*30'00" East 12.50 Feet To Line 5-6 of The M&Y Lode, United States Mineral Survey No. 3921; Thence Along Line 5-6 of Said M&Y Lode South 44*59'00" West 67.87 Feet To Line 3-4 of The Millionaire Lode, United States Mineral Survey No. 3620a; Thence Along Line 3-4 of Said Millionaire Lode North 04*30'00" East 55.20 Feet To Comer No. 4 of Said Millionaire Lode; Thence North 10*06'00" East 22.97 Feet To The Point of Beginning. For further information, contact Jessica Garrow at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2780, jessica.garrow@cityofaspen.com. s/ Steven Skadron, Mayor Aspen City Council Published in the Aspen Times on August 22, 2013 City of Aspen Account Easy Peel® labels i• ♦ Bend along line to I• AVERY& 51600 ; Use Avery® Template 5160® j Feed Paper expose Pop-up EdgeTM 1001 UTE AVE HOA 17 UTE PLACE LLC 247 ENTERPRISE LLC 1001 LITE AVE PO BOX 1860 49 BELLEVUE PL ASPEN, CO 81611 BENTONVILLE, AR 72712 SEA BRIGHT, NJ 07760 283 ASPEN LLC 679534 ONTARIO LTD 730 DURANT G12 LLC 4809 COLE AVE #347 7 SONATA CRESCENT 1233 EDLIN PL DALLAS, TX 75205 TORONTO ONTARIO CANADA M3132C3, MINNEAPOLIS, MN 55416 81611 INVESTMENTS LLC 851 UTE AVENUE A LLC A SUNSHINE LLC C/O J VALERIO 2810 REVERE ST 201 N MILL ST PO BOX 1376 HOUSTON, TX 77098 ASPEN, CO 81611 ASPEN, CO 81612 AGER REALTY LLC AGUA FRIA PROPERTIES LLC AJAX INVESTMENTS LLC 2800 ISLAND BLVD #2305 460 ST MICHAELS DR BLDG 300 730 E DURANT AVE ADVENTURA, FL 33160 SANTA FE, NM 87505 ASPEN, CO 81611 AJAX MTN INVESTMENTS LLC AJAX SLOPESIDE LLC ALDEN REALTY MANAGEMENT LLC 1101 30TH ST NW #150 240 RAMSAY RD PO BOX 2129 WASHINGTON, DC 20007 DEERFIELD, IL 60015-3438 SAN FRANCISCO, CA 94126 ALVARADO-RIOS HECTOR APPELQUIST THOMAS W TRUSTEE 50% ARNETT DAVID & BETTE PALMIRA 151 CUERNAVACA 400 LIVINGSTON ST 5333 N CAMINO REAL MORELOS MEXICO 62499, NEW HAVEN, CT 06511 TUCSON, AZ 85718 ARROWHEAD UNIT C LLC ASHKENAZY ASPEN COMMERCIAL LLC ASPEN CLUB LODGE PROPERTIES LLC BRISTOL MEDICAL BLDG #202 150 E 58TH ST Al FN: KEVIN J FAY 305 E 55TH ST PENTHOUSE 1101 30TH ST #150 NEW YORK, NY 10022 NEW YORK, NY 10155 WASHINGTON. DC 20007 ASPEN INVESTMENTS LLC ASPEN MOUNTAIN CHALET LLC ASPEN MOUNTAIN PARTNERS LLC PO BOX 3657 PO BOX 142FOREST HILL 730 E DURANT AVE ASPEN, CO 81612 NEW SOUTH WALES AUSTRALIA 2651, ASPEN, CO 81611 ASPEN SKIING COMPANY LLC ASPEN VALLEY LAND TRUST ASPEN VIEW LTD PO BOX 1248 320 MAIN ST #204 100 S MAIN AVE #300 ASPEN, CO 81612 CARBONDALE, CO 81623 SIDNEY, OH 45365 ASPEN WINGS PARTNERSHIP BANKS LIVING TRUST BARDSLEY DAVID 3481 SHORE DR 2004 STANOLIND PO BOX 4153 EXCELSIOR, MN 55331 MIDLAND, TX 79705 ASPEN, CO 81612 Easy Peel® Labels i ♦ Bend along line to gVERY® 5160® 1 Use Avery® Template 51600 Feed Paper expose Pop-up EdgeTM 4 1J BARROW MICHAEL E TRST 708 E 12TH NORTH LITTLE ROCK, AR 72119 BECNEL DANIEL E JR & MARY HOTARD PO DRAWER H RESERVE, LA 70084 BENKENDORF GEORGE F 601 S WESTEND ST UNIT 9 ASPEN, CO 81611 BILLINGS PRENTICE BOYD 20 ASPEN MOUNTAIN RD ASPEN, CO 81611 BLACK SWAN UNIT D LLC C/O CARISSA PEREIRA 115 MCARTHUR RIDGE CT NASHVILLE. TN 37220 BLOCK JOEL A TRUSTEE 50% 647 W BARRY AVE CHICAGO, IL 60657-4504 BOHMONT LLC 133 E 80TH ST NEW YORK, NY 10075 BOWERS ANN S TRUST 237 COLERIDGE AVE PALO ALTO. CA 94301-3522 BRENER DANIEL M & SHARON G 5202 POCAHONTAS BELLAIR. TX 77401 CARMAN PETER 700 UTE AVE #808 ASPEN. CO 81611 BAYLDON BARBARA W TRUSTEE 50% 647 W BARRY AVE CHICAGO, IL 60657-4504 BEEM CORPORATION 1201 CURRIE AVE MINNEAPOLIS, MN 55403 BERZ FAMILY TRUST 50% 10100 EMPYREAN WY #103 LOS ANGELES, CA 90067 BITTEL ARI FAMILY TRUST 16.67% 801 ARTHUR GODFREY RD #600 MIAMI BEACH, FL 33140 BLISS ELIOT & ANN 19130 SYLVAN ST RESEDA, CA 91335 BLOOM JONATHAN & NEL R 2295 NW CORPORATE BLVD #117 BOCA RATON, FL 33431 BOTT ALLEN D 206 OVERHILL RD ORINDA, CA 94563 BOWERS BARBARA 2601 W LAFAYETTE RD ORONO, MN 55331 BRENNAN ADRIENNE REV FAM TRUST 919 GARDENIA WY CORONA DEL MAR, CA 92625 CH INTERESTS LLC C/O JOHN P HAVENS 11050 CAPITAL PARK DR HOUSTON. TX 77041 BECK CYNTHIA 728 N BUNKER HILL AVE LOS ANGELES, CA 90012 BELL NORMAN D 215 E 79TH ST #4E NEW YORK, NY 10075 BESHARAT GERALDINE 9 WOODLAND RD ELBERTON, GA 30635 BITTEL STEPHEN H 50% 4125 BRAJANZA ST COCONUT GROVE, FL 33133 BLOCK 106 ASSOCIATES 1000 DOLORES WAY #B CARBONDALE, CO 81623 BLUE SKY TRUST 1024 E HOPKINS #17 ASPEN, CO 81611 BOUTON REV TRUST 1170 SACRAMENTO ST #11A SAN FRANCISCO, CA 941081967 BRADLEY EDWARD JR C/O IMAC INC 263 80TH ST BROOKLYN. NY 11209 BURSTEN GABRIELLA PO BOX 2061 ASPEN, CO 81612 CHAMBERLAIN BEVERLY M TRST 3548 N BROOKHAVEN TUCSON, AZ 85718 Etiquettes faciles a peter ; ♦ Repliez a la hachure afin de ; www.averycom Utilisez le gabarit AVERYO 5160© ; rh5en? dent reveler le rebord Pop-upTM ; 1-800-GO-AVERY Easy Peel® Labels Use AvgryO Template 51600 CHATEAU CHAUMONT CONDO ASSOC C/O CRW 720 E HYMAN AVE ASPEN, CO 81611 CHEN LINDA P 215 E 79TH ST #4E NEW YORK, NY 10021 CITY OF ASPEN ATTN FINANCE DEPT 130 S GALENA ST ASPEN, CO 81611 A Bend along line to Feed Paper expose Pop-up EdgeTM CHATEAU DU MONT CONDO ASSOC 715 E DURANT AVE ASPEN, CO 81611 CHMELIR FRANK J & SANDRA L 201 39TH ST DOWNERS GROVE, IL 60515 C-L HOLDINGS LLC PO BOX 126 WOODY CREEK, CO 81656 CLARENDON LLC COATES TOM & LINDA FAM TRUST PO BOX 177 655 MONTGOMERY ST #1700 BONDI JUNCTION NSW 1355 AUSTRALIA, SAN FRANCISCO, CA 94111 COHN JOHN R & BARBARA O COMBO VENTURE LLC 3533 GREENBRIER DR 2828 N HARWOOD ST #1700 DALLAS, TX 75225 DALLAS, TX 75201 CORDUROY CRUISERS LLC COUCH CATHERINE ANNE 710 E DURANT AVE PO BOX 7744 ASPEN, CO 81611 ASPEN, CO 81612 CRAWFORD JOAN CRAZY WOMAN INVESTMENTS LLC 12921 BRUSHWOOD TERRACE 304 S YELLOWSTONE POTOMAC, MD 20854 MONTANA, MT 59047 CRONIN CARL & TOBY ANN CRUM THOMAS F & CATHRYN R 8748 DORRINGTON AVE 991 LITE AVE LOS ANGELES, CA 90048-1724 ASPEN, CO 81611 DAVIS TERRY CONNALLY DAY ARTHUR S 1046 ONTARIO 3007 BAY SHORE RD SHREVEPORT, LA 71106 SARASOTA, FL 34234 DENNING & CLAMAN LLC DENNIS LLC 740 WEDGE DR 106 S MILL ST #202 GRAND JUNCTION, CO 81506 ASPEN, CO 81611 Etiquettes faciles a peter ; ns de Repliezatahachure afinrfe; Utilisez le qabarit AVERY® 5160© i rh5enomont reveler le rebord Pop-upTm ; AVERY0 51600 CHATFIELD CHARLTON H 12 CORRIGAN LN GREENWICH, CT 06831 CHOZEN MERRILL A & JILL E TRST 1231 STONE CANYON RD LOS ANGELES, CA 90077 CLARENDON IV LLC 2034 N CLARK ST CHICAGO. IL 60614 COHEN JUSTIN T & MALLORY P 4980 SOUTH BEELER ST GREENWOOD VILLAGE, CO 801111312 COONEY THOMAS E PO BOX 4517 ASPEN, CO 81612 COX LESTER B 601 S WESTEND ST UNIT 11 ASPEN, CO 81611 CROCKETT RUFUS PO BOX 3837 ASPEN, CO 81612 DAVIS FAMILY TRUST PO BOX 1909 RANCHO SANTA FE, CA 92067 DAYPARTLLC 129 WYSTERIA DR LONGWOOD. FL 32779 DEPALMA JOHN R 710 W WILSON AVE GLENDALE, CA 91206 uaww.averycom 1-800-GO-AVERY Easy Peel® labels Bend along line to gVERY® 57600 ; Use Avery® Template 5160@ Feed Paper expose Pop-up Edger'" 1 DESTIN CO DEVORE KARINJO DIAMOND NATHAN 217 PALOS VERDES BLVD #239 PO BOX 03 5465 BANYAN TRAIL REDONDO BEACH, CA 90277 ASPEN, CO 81612 MIAMI, FL 33156 DILLARD WILLIAM T II & MARY A DILLINGHAM DALE & MICHELINI DILLON ROBERT JAY III TRUST C/O DILLARD DEPT STORES INC GABRIELLA 649 LOCUST ST PO BOX 486 PO BOX 2061 LITTLE ROCK, AR 72203-0486 ASPEN, CO 81612 WINNETKA, IL 60093 DIRKES PETER R DK LLC DOHSE J JEFFREY 324 FOXWOOD LN 207 EAKIN ST SW 364 LAFAYETTE ST MILL NECK, NY 11765 BLACKSBURG, VA 24060 DENVER, CO 80218 DURANT MALL PROP LLC EAGLE POINT PROPERTIES LLC EAST DURANT LLC 39 MOUNTAIN LAUREL DR PO BOX 1749 323 N PACIFIC COAST HWY 720 E DURANT ST ASPEN, CO 81612 SOLANA BEACH, CA 920751130 ASPEN. CO 81611 ELIAS BARBARA A EPSTEIN ASPEN TRUST FABER KATHERINE T 0451 STAGECOACH LN 1900 RITTENHOUSE SQ #8A 928 OAKWOOD AVE CARBONDALE, CO 81623 PHILADELPHIA, PA 19103 WILMETTE, IL 60091 FAVROT CAFFREY 50% INT FELLA HENRY J FIDELITAS HOLDING CO LTD 124 CHARLESTON PK 117 4TH ST 30 CARTIER ST METAIRIE, LA 70005 MANHATTAN BEACH, CA 90266 OTTAWA ONTARIO CANADA K2P2E7, FONVIELLE HENRY S & LEE FORD SIMON JOHN HUBIRD & JULIE FOSSIER MIKE W REV TRUST 305 LLOYDS LN DERKS 7 WAINWRIGHT RD #88 ALEXANDRIA, VA 22302 700 LYNCOTT WINCHESTER, MA 01890 NORTH MUSKEGON, MI 49445 FREITAS MICAH J FRIEDMAN RICHARD L FRY LLOYD EDWARD PO BOX 10915 20 UNIVERSITY RD 1335 STRATFORD DR ASPEN, CO 81612 CAMBRIDGE, MA 02138-5756 PIQUA, OH 45356 FRYKLUND ROBERT FVA REAL ESTATE INVESTMENTS LLC G&H INVESTMENT CO 2917 DUKE ST 3312 NE 40TH ST 6471 MANTOVA ST HOUSTON, TX 77005 FORT LAUDERDALE, FL 33308 LONG BEACH, CA 90815 GABRIEL ANN GANT 103 LLC GANT ASPEN C303 LLC 611 S WESTEND ST APT 2 311 TOWN CENTER 492 COLUMBINE ST ASPEN, CO 81611 BELLA VISTA, AR 72714 DENVER, CO 80206 Etiquettesfacilesapeler ; A Repliezalahachure afinde, wwwaveryxom -u Ut !;sez le ^abarit AVERYD 51601D Sens de 7 fhaYf10111Cr1Y reveler le Pop p TM ' 1-800-GO-AVERY i � Easy Peel® Labels i A Bend along line to I AVERYO 5160® ; Use AveryO Template 51600 j! 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CO 81147 GRIFFITH N MICHELLE & C PERRY JR GROUP 102 LLC GRUENEWALD DAVID F REVOCABLE 663 FOREST BLVD 6400 RIVERSIDE DR BLDG B LIVING TRUST INDIANAPOLIS, IN 46240 DUBLIN, OH 43017 63 ROBINWOOD DR LITTLE ROCK, AR 72227 GRUET ISABELLE HARLAN LINDA DIANE HARTMAN DOYLE & MARGARET PO BOX 3505 601 S WEST END ST #7 PO BOX 10426 ASPEN, CO 81612 ASPEN, CO 81611 MIDLAND, TX 79702 HARVEY BRIAN L HAUGER MICHAEL A & JUDY L HE REINERT HOLDINGS CORP PO BOX 240011 13516 QUAKING ASPEN NE 161 MAC LAREN ST LOS ANGELES, CA 90024 ALBUQUERQUE, NM 87111 OTTOWA ONTARIO CANADA K2P OKB, HEIRLOOM PROPERTIES COLORADO HENRY CHARLES V III & JEAN D HEVRDEJS CATHY CAMPBELL LLC 937 WILLOWS ST PO BOX 22209 24 WATERWAY AVE #300 LEBANON, PA 17042 HOUSTON, TX 77227 THE WOODLANDS, TX 77380 HIRSCH FAMILY TRUST HIRSH RICHARD G & CLAIRE R HOCKER DAVID E 610 S WEST END ST #D203 NASATIR MICHAEL & DELIGHT 1901 FREDERICA ST ASPEN, CO 816112142 2115 MAIN STREET OWENSBORO, KY 42301 SANTA MONICA, CA 90405 HODGE RON HOFFMAN FRANCIS P HONIGSBERG JOHN ASPEN MOUNTAIN RD #10 TRUSTEE OF HOFFMAN REV TRUST 12921 BRUSHWOOD TERRACE ASPEN. CO 81611 7577 FOREST BEACH RD POTOMAC, MD 20854 WATERVLIET. MI 49098-8304 tbouettes faci)es a oe)er ' _ Renjiez a la hachure af)n de", www,avery,ccm Easy Peel® Labels i ♦ ! Bend along line to 11S AVERY@ 5160® Use AveryO Template 51600 Feed Paper ® expose Pop-up EdgeT^' 6 HOPELY INVESTMENTS 455 N CITYFRONT PLAZA DR STE 3600 CHICAGO, IL 60611 ICIE JACKSON LLC 390 PARK AVE 18TH FLOOR NEW YORK, NY 10022 JACOBY JON E M C/O THE STEPHENS GROUP LLC PO BOX 3417 LITTLE ROCK, AR 72203 JJA FAMILY LLC 2145 FIELDCREST DR OWENSBORO, KY 42301 JOSHUA & CO 300 S HUNTER ST ASPEN, CO 81611 KARICK LLC C/O CHUCK FRIAS 730 E DURANT AVE ASPEN, CO 81611 KEENAN D MICHAEL 1716 SEVERN FOREST DR ANNAPOLIS, MD 21401 KNOKE ROLF M TRUSTEE PMB H 536 7660 FAY AVE LA JOLLA. CA 92037 KWEI STEPHANIE 81 SUMMER ST GUILFORD, CT 06437 LAMONT ADA J 133 E 80TH ST NEW YORK. NY 10075 HOWELL JOHN DAVID JR & SARA R 809 SOMERSET LN JONESBORO, AR 72401 JACK LP 10 WESTGATE WALK KITCHENER ONTARIO CANADA N2M2T8, JANNA INC 50% 500 PATTERSON RD GRAND JUNCTION, CO 81506 JOHNSON BARBARA WEAVER LIVING TRUST PO BOX 3570 LAS CRUCES, NM 88003 KANN RONALD C/O DR JULES KANN 217 OHARA MANOR DR PITTSBURGH, PA 15238 KAUFMAN MICHAEL A & SHERRYL W 7 FERNWOOD CT E BRUNSWICK, NJ 08816 IACONO FAMILY INVESTMENTS LLC 5845 E PLACITA DE LA ZUERENCIA TUCSON, AZ 85750-1242 JACOBS HARLAN & DEBRA TRUST 8040 N LA JOLLA SCENIC DR LA JOLLA, CA 92037 JEFFRIES FRANK W III & JANET ODLE 500 HUNTINGTON DR ANN ARBOR, MI 48104 JOSEPH RUSSELL C & ELISE E 3257 INWOOD DR HOUSTON, TX 77019 KANTOR GARY L 2816 VISTA DEL SOL LAS VEGAS, NV 89120 KAY REV TRUST 50% 2127 BROADWAY #1 SAN FRANCISCO, CA 94115 KELLER KURT E KLETTENBERG JULIEN & ANNA LISA PO BOX 840 KART ASPEN, CO 81612 7-95 DARLING POINT RD DARLING POINT NSW 2027 AUSTRALIA, KUMAGAI GLORIA 332 WESTWOOD DR GOLDEN VALLEY, MN 55422 LAGUNA SIERRA LLC PO BOX 1470 ASPEN. CO 81612 LANGE JENNIFER WOOD & WILLIAM E 22 NEW GREENS CT KINGWOOD, TX 77339 KURLANDER STUART S 2601 FOX HALL RD NW WASHINGTON, DC 20007 LAMBERTI PAULA PO BOX 8685 ASPEN, CO 81612 LATTERMAN EARL M QPRT 5000 5TH AVE APT 306 PITTSBURGH, PA 152322150 Etiquettesfacilesapeler ; ♦ Repliez a la hachure afin de wvvw.averycom gab-r'- AVERY= 5160`� I chSed anf'nt reveler lerebordPop-upT"' i 1-800•GO•AVERY j Easy Peel® Labels i ♦ Bend along line to Use Avery® Template 51600 Feed Paper expose Pop-up Edger' LAUTNER LLC LE CLAIRVAUX 5 LLC 220 NEWPORT CENTER DR # 11-640 1501 ARDMORE BLVD STE 400 NEWPORT BEACH, CA 92660 PITTSBURGH, PA 15221 LEINER MICHAEL & ROSE ANN LERNER GREGORY S PO BOX 11539 4971 WILLOW ST ASPEN, CO 81612 BELLAIRE, TX 774014417 LIBERMAN KEITH & KATHLEEN FAMILY LINEBERGER WILLIAM CARL TRUST 145 GREEN ROCK DR 9554 HIDDEN VALLEY RD BOULDER, CO 80302 BEVERLY HILLS, CA 90210 LMC ASPEN LLC LN9 LLC 100 ELK RUN DR #129 4400 BISCAYNE BLVD#550 BASALT, CO 81621 MIAMI, FL 33137 LUND ANSELMO ASPEN PROP M & M INVESTMENTS C/O DARIO ANSELMO 679 BRUSH CREEK RD 4924 GREEN FARMS ASPEN, CO 81611 EDINA, MN 55436 MARNETT MARTIN J & MARCELA B MARSLAND SUSAN L TRUST 82 HILLCREST DR 1310 N RITCHIE CT BASALT, CO 81621 CHICAGO, IL 60610 MAYER WILLIAM E MCCORMICK ROGER F FAMILY TRUST PO BOX 4462 66% ASPEN, CO 81612 MCCORMICK MARY E 34% PO BOX 21532 OWENSBORO, KY 42304 MCGOVERN PHILIP C TRUST 33 PLEASANT ST MANCHESTER BY THE SEA, MA 01944 MENEFEE SAMUEL P PO BOX 5291 CHARLOTTESVILLE, VA 22905 MEYER WILLIAM J 2/3 1101 17TH ST NW, STE 1000 WASHINGTON, DC 20036 MCGUIRE WINTERHAVEN LLC 560 DELAWARE AVE STE 400 BUFFALO, NY 14202 MERRILLS MRS DAPHNE TRUST 89% 217 SCAIFE RD SEWICKLEY, PA 15143 MICHELINI GABRIELLA PO BOX 2061 ASPEN, CO 81612 AVERY® 51600 LEE MARIANNE S LTD PARTNERSHIP 2836 PATRIOT PARK PLACE HENDERSON, NV 89052 LEVINSON BONNIE REV TRUST 50% 2127 BROADWAY #1 SAN FRANCISCO, CA 94115 LIVINGSTON DAVID R 7100 GLADYS DR SE GRAND RAPIDS, MI 49546 LOWE DEVELOPMENT CORP 610 S WEST END ST ASPEN, CO 81611 MAKINEN MICHAEL & WINNIFRED B 851 UNIVERSITY AVE PALO ALTO, CA 94301 MAX ROSENSTOCK & CO 67 CALLE RIVERO RANCHO MIRAGE, CA 92270 MCCOY TRUST 3485 S SILVER SPRINGS RD LAFAYETTE, CA 94549 MEHL HARRIET 350 W 57TH ST #17A NEW YORK CITY, NY 10019 MEYER HOWARD W 2660 MIDDLEBURY LN BLOOMFIELD HILLS, MI 48301 MIKA PATRICK D 630 N TEJON ST COLORADO SPRINGS, CO 80903 Etiquettes faciles a peter ; AL Repliez a la hachure afin de ; www.avery.com p , Sens de reveler le rebord Po TM ' 1-800-GO-AVERY Utilisez le gabarit AVERY 5160' h,� _ ,G t pup Easy Peel1' Labels i ♦ i Bend along line to i w gVERY� 5760® Use Avery@ Template 51600 t eed Paper expose Pop-up EdgeT►^ j, j MILL IRON INVESTMENTS LLC 15% SHOHET CAROLYN S 85% PO BOX 64 CARLISLE, MA 01741 MOEN DONNE & ELIZABETH FAM TRUST 8 CABALLEROS RD ROLLING HILLS, CA 90274 MORRIS TRUST 906 FRANKLIN RIVER FOREST, IL 60305 NEUMAN MARK A & NANCY 9 MCCULLOUGH PL RYE, NY 10580 NORTON WESLEY ANN TTEE FAM TRST 2135 CENTURY WOODS WAY LOS ANGELES, CA 90067 OLSON DOUG 2601 W LAFAYETTE RD ORONO, MN 55331 PAGEALVENTURESLTD 55 DELISLE AVE #1003 TORONTO ONTARIO CANADA M4V 3C2, MILLER LORRAINE PO BOX 5136 ASPEN. CO 81612 MOHWINKEL CLIFF PO BOX 9457 ASPEN, CO 81611 NAGEY DAVID A & ELAINE TRAICOFF 3 BEACH DR SHERWOOD FOREST. MD 21405 NEWHOUSE IRREV RE TRUST 5640 CHRISTMAS LAKE RD EXCELSIOR, MN 55331 NUTTER GEORGE ERNEST & LYNDSAY 223 HANNA RD TORONTO ONTARIO CANADA M4G 3P3, ORR ROBERT L FAMILY PTNSHP LLLP 50% 2700 G RD #12A GRAND JUNCTION, CO 81506 PAISLEY ON THE BEAR LLC 191 SPAULDING LN EVANSTON, WY 82930 PARADISE TRADING PTY LTD TRUSTEE PARIMAR LTD PO BOX 7795 GOLD COAST MAIL C/O CONSTRUCTION SERVICES CENTER LONDON LTD BUNDALL QLO 4217 AUSTRALIA 15 CLEAVER SQUARE 61-7-55-387203, LONDON ENGLAND SE11 4EZ, PARKER WILLIAM A JR 1900 GARRAUX WOODS RD NW ATLANTA, GA 30327 PECKHAM THOMAS C PO BOX 9766 ASPEN, CO 81612 tiquettes faciles a peter Utilisez le gabarit AVERYC 5160' ' PARLETTE R BRUCE 50% INT PARLETTE RICHARD S 50% 825 DEAN ST ASPEN. CO 81611 PERRY JAMES H & MARGERY DEUTZ PO BOX 3382 ASPEN, CO 81612-3382 i Se, de Repliez a la hachure afin de ; ,harp mt reveler le rebord Pop-UPTM ; MITCHELL PROPERTY TRUST 1 SOUTH ST #6 LEVEL 4 ST GEORGE PRIVATE HOSPITAL KOGARAH N S W AUSTRALIA 2217, MORGAN LORI 49 GOTHIC ST NORTHAMPTON. MA 01060 NAM REAL ESTATE LLC 1230 PEACHTREE ST NE #3100 ATLANTA, GA 30309 NORDAN JOSH 433 PLAZA REAL #275 BOCA RATON, FL 33432-3999 OGURI HIROSHI & KYOKO 1570 ROSE VILLA ST PASADENA, CA 91106 OTTO GERDAU CO C/O ASPEN ALPS 700 S UTE AVE ASPEN, CO 81611 PANTER FAMILY TRUST 50% 10100 EMPYREAN WY #103 LOS ANGELES. CA 90067 PARIMAR LTD OF C/-PLP CONSULTANTS PO BOX 6410 1211 GENEVA 6, SWITZERLAND, PAUL MARC & RENEE M TRUSTS 9661 WENDOVER DR BEVERLY HILLS, CA 90210 PHILLIPS STEPHEN & BARBARA 900 FIFTH AVE NEW YORK. NY 10021 www.avery.com 1-800-GO-AVERY Easy Peel® labels ♦ Bend along line to 11 AVERYa 5160® % Use Avery® Template 5160® Feed Paper �� expose Pop-up Edger"" j PIAZZA APRIL A 608 HENNING CT NAPERVILLE, IL 60540 PITKIN COUNTY 530 E MAIN ST #302 ASPEN, CO 81611 POLLOCK PERRY 75% PO BOX 950 ASPEN, CO 81612 PROSTIC EDWARD & MARJORIE 2225 STRATFORD RD SHAWNEE MISSION, KS 66208 RAMSEY STACIE A 39 CANTERBURY RD MADISON, NJ 07940 RAPPAPORT FAMILY PARTNERS LTD 1004 NOB HILL AVE N SEATTLE. WA 98109 RESIDENCES AT LITTLE NELL DEV LLC 150 E 58TH ST PENTHOUSE NEW YORK, NY 10155 RICHTER VALERIE A TRUSTEE 6214 N 34TH ST PARADISE VALLEY. AZ 85253 ROBINSON MARY ALICE BURKE 501 S LA POSADA CIR #358 GREEN VALLEY, AZ 85614 ROSENBAUM THOMAS F 928 OAKWOOD AVE WILMETTE. IL 60091 PINE A PHILIP 1600 E ATLANTIC BLVD POMPANO BEACH, FL 33060 PLUCKER WILLIAM PO BOX 5996 SNOWMASS VILLAGE, CO 81615 PREECE JENNIFER J TRUST 50% 7710 WOODMONT AVE #1112 BETHESDA, MD 20814 PYRFEKT PROPERTIES LLP 1424 CEDAR BAY LN SARASOTA, FL 34231 RANDALL WILLIAM C 25% PO BOX 950 ASPEN, CO 81612 REICH DANIEL S TRUST 25% INT 999 N TUSTIN AVE #216 SANTA ANA, CA 92705 RESIDENCES AT THE LITTLE NELL CONDO ASSOC INC 501 DEAN ST ASPEN, CO 81611 RLN REAL PROPERTIES LLC 1375 ENCLAVE PKWY HOUSTON, TX 77077 ROBINSON STEPHANIE T 7 SISSINGHURST SAN ANTONIO, TX 78209 ROSENBERG HENRY A & DOROTHY 1 N CHARLES ST 22ND FLOOR BALTIMORE, MD 21201 PINSKY STEPHEN & ALENE 9920 BELLAGIO CT FORT MYERS, FL 33913-7006 POLAK-ASPEN LLC 5295 E MISSION HILL DR TUCSON, AZ 85718 PROPERTY INVESTORS #1 LLC 8407 BROOKEWOOD CT MC LEAN. VA 22120 RAINEY J WALKER & GILLIAN 2 PALMERSTON VILLAS RATHMINES DUBLIN 6 IRELAND, RANDALL WILLIAM C DDS 10303 ORCHID LN PINE RIVER, MN 56474 REICH MELVIN L TRUST 4609 SEASHORE DR NEWPORT BEACH, CA 92663 RICE MARGARET A 13912 FLINT OVERLAND PARK, KS 66221 ROBINSON F GEORGE JR PO BOX 7906 ASPEN. CO 81612 ROSE FAMILY TRUST 240 S BRISTOL AVE LOS ANGELES, CA 90049 ROSS DWAYNE A & DUREE M FAMILY REV TRUST 10740 PEGASUS ST FORT LAUDERDALE, FL 33324 Eticluettes faciles & peler ; Repliez a la hachure afin de ; www.averycom Utilisez le gabarit AVERY@ 5160 i chaeroement reveler le rebord Pop-upTM 1-800-GO-AVERY Easy PeelO labels Use Avery'P Template 51600 i ' eed Paper Bend along line to 11 expose Pop-up EdgeTM 110 AVERY® 51600 1 RULY HOLDINGS PTY LTD C/O LANG WALKER PO BOX 2964 ASPEN, CO 81612 SANDITEN EDWARD STANLEY PO BOX 11566 ASPEN, CO 81612 SCHALDACH NANCY 799 CRANDON BLVD APT 801 KEY BISCAYNE, FL 33149-2555 SCHMIT KIRSTEN 400 MCSKIMMING RD ASPEN, CO 81611 SCHWARZ REV TRUST 860 ARDEN RD PASADENA, CA 91106 SEAY GERALD R 320 TANGIER AVE PALM BEACH. FL 334803518 SHAPIRO CYNTHIA R TRUST 5704 DEVILLE DR EDINA, MN 55436 SHIRK JAMES A & LINDA S PO BOX 1549 BLOOMINGTON, IL 61702 SIEGEL LOIS H QPRT 6358 MANOR LANE JAMES SIEGEL SOUTH MIAMI. FL 33143 SIMON DONNA L REV TRUST 1294 ROCKRIMMON RD STAMFORD. CT 06903 SABLE LTD C/O HARRIS G WALTER PO BOX 11005 ASPEN, CO 81612 SARGENT ELIZABETH PO BOX 25635 MIAMI, FL 33102 SCHARLIN HOWARD R & GLORIA G 10 EDGEWATER DR APT 4A CORAL GABLES, FL 33133-6962 SCHNEIDER ROBERT C 3003 S ONG ST AMARILLO, TX 79109 SCHWEPPE DAVID P & VALERIE G REV TRUST 8435 NW 43RD LN OCALA, FL 34482 SEIFERT COLORADO TRUST 2421 HAMILTON DR AMES, IA 50014 SHEA SARAH H TRUST 130 VANTIS #200 ALISO, CA 92656 SHNEIDERMAN BEN A TRUST 50% 7710 WOODMONT AVE #1112 BETHESDA, MD 20814 SILTON MARTIN H & RITA PICKER PO BOX 140 BONDVILLE, VT 05340 SIMPKINS B DOUGLAS & JOHNETTE TETLOW 2921 AVALON PL HOUSTON. TX 77019 SANDERS RICHARD & JOANNE 8 PARKWAY DR ENGLEWOOD, CO 80110 SAVITT STEVEN 332 WESTWOOD DR N GOLDEN VALLEY. MN 55422 SCHIRMER LESLIE M TRUST 4100 E QUINCY AVE ENGLEWOOD, CO 80113 SCHRIER DEREK CHRISTOPHER & CECILY HORSTING CAMERON 2000 REV TRUST 230 SEA CLIFF AVE SAN FRANCISCO, CA 94121 SEAMAN SAUNDRA L 8505 ARLINGTON BLVD #210 FAIRFAX, VA 22031 SEWELL BEVERLY JEAN & RALPH BYRON 884 QUAIL RUN DR GRAND JUNCTION, CO 81505-8608 SHIFRIN GEORGE PO BOX 3434 BASALT, CO 81621 SHULMAN ROBERT A 132 NASSAU ST #812 NEW YORK. NY 10038 SILVERMAN MARK J & NANCY C 7404 BROOKVILLE RD CHEVY CHASE, MD 20815 SIMUNOVICH JOHN & BRIGID COLETT- PO BOX 47 DROGHEDA IRELAND CO LOUTH, Etiquettes faciles a peter i Sens de Repliez a la hachure afin de www.avery.com Utilisez le gabarit AVERY 51600 reveler le rebord Pop-upTM ; 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 51600 Feed Paper Bend along line to 11 expose Pop-up EdgeTM QAVERY@ 51600 SINAI ALLEN 16 HOLMES RD LEXINGTON, MA 02173 SLOANE RICHARD A & CAROLYN J 114 HAMMUN AVE PALM BEACH, FL 33480 SMART EDWIN J 2009 MARKET ST DENVER, CO 80205-2022 SPALDING SHELLEY P.O. BOX 9564 ASPEN, CO 81612 ST MARYS OF ASPEN LLC 10241 BLUE PALM ST PLANTATION, FL 33324 STUDIO FIVE LLC PO BOX 1863 ASPEN. CO 81612 TATEM H RANDOLPH III & SUE BINKLEY PO BOX 12373 ASPEN, CO 81612 THOMPSON LINDA TRUST 7140 S RIVIERA ST AURORA, CO 80016 UTE MESA LOT 2 LLC PO BOX 3211 WESTPORT, CT 06880 VIEREGG ROBERT TODD TRUST 2221 WYNDANCE WAY NORTHBROOK, IL 60062 SKEGBY HOLDINGS LTD C/O OATES KNEZEVICH & GARDENSWARTZ 533 E HOPKINS AVE ASPEN, CO 81611 SMALL RESTON LLC 7311 ARROWOOD RD BETHESDA, MA 20817 SNYDER JAMES DANIEL & LINDA RAE 1225 BRAEBURN FLOSSMORE, IL 60422 SPAR CONSOLIDATED MINING & DEVELOPMENT C/O R L STEENROD JR & ASSOC 2009 MARKET ST DENVER, CO 80205-2022 STEWART SAMUEL & JACQUELINE 50% 124 CHARLESTON PK METAIRIE, LA 70005 SUMMERS AARON MARK 600 E MAIN ST #103 ASPEN. CO 81611 TAWGIN JOHN S 129 SEA GIRT AVE MANASQUAN, NJ 08736 TRUST AGREEMENT OF MAE C RUKAVINA 10/16/2012 5640 KIPLING AVE MINNETONKA, MN 55345 VALERIO JAMES & LANETTE PO BOX 1376 ASPEN, CO 81612 W PROPERTIES II LLC 4600 MARRIOTT DR, STE 400 RALEIGH. NC 27612 SKILKEN STEVE & LYNNE 383 S THIRD ST COLUMBUS, OH 43215 SMALLPAGE LEASING LLC 6316 HUMPHREYS ST HARAHAN, LA 70123 SOUTH ALPS ROAD LLC 390 PARK AVE 18TH FLOOR NEW YORK. NY 10022 SPENCER DAVID B 1217 ROYAL ST #1 NEW ORLEANS, LA 70116 STOPEK RICHARD E & JULIE 6311 VIA VENETIA NORTH DELRAY BEACH, FL 33484 SUTTON SUSAN JO 70 MONTCLAIR AVE #503 TORONTO M5P1P7 CANADA, THOMAS VICTORIA 835 E DURANT AVE #1 ASPEN. CO 81611 UG VENTURES LLC PO BOX 2538 ASPEN, CO 81612 VANTILBURG JOHANNES & JOANNE 1738 BERKELEY ST SANTA MONICA, CA 90404 WAGNER GANT PROPERTIES LLC 3480 MIDDLEBELT RD WEST BLOOMFIELD, MI 48323 Etiquettes faciles a peter ; Repliez a !__ �--chore afin. de ; www.avery.com Utilisez le abarit AVERY� 5160� Sens de e a a _ 1-800-GO-AVERY g I rharnarr =nt Easy Peep' Labels i ♦ Bend along line to I (� gyERy® 5160® i Use Avery® Template 51600 Peed Paper o expose Pop-up EdgeTM' lJ j WALDRON K BRENT & CONSTANCE K WATCHMAKER LINDA L 95% WEAST FAMILY TRUST PO BOX 4900 4527 BRUCE AVE 614 CALLE MONTERA ASPEN, CO 81612 MINNEAPOLIS, MN 55424-1122 ESCONDIDO, CA 92025 WEINBERG JUDD A TRUST WEISS KATHY REV TRUST WEKSTEIN TRUST 401 N MICHIGAN AVE #3050 1609 COUNTY ROAD 112 100 BELVIDERE ST UNIT 9A CHICAGO, IL 606115515 CARBONDALE, CO 81623 BOSTON, MA 02199 WELLS RICHARD A & SUSAN T WENDLING NAN JEAN WENRICH MARSHALL S & LORI Y 970 POWDER LN 124 VINE ST 7005 STONE MEADOW DR ASPEN, CO 81611-2105 ASPEN, CO 816111500 DALLAS, TX 75230 WERNST INC WHITAKER PATRICIA D TRUST WHITE FAMILY TRUST B 5141 GLENWOOD POINTE LN NE 236 LINDEN AV 827 DEAN ST ALBUQUERQUE, NM 87111 ST LOUIS, MO 63105 ASPEN, CO 81611 WHITE SNOW TRAIL LLC WILKERSON WILLIAM REV TRUST WILLIS ANNIE D 9313 RAPLEY PRESERVE DR 321 SUNSET DR #3 601 S WESTEND ST UNIT 2 POTOMAC, MD 20854 FT LAUDERDALE, FL 33301 ASPEN, CO 81611 WILSON JOSEPH B UND 50% INT WOODWARD TERRY TRUST ZACHARY MARC 39 MOUNTAIN LAUREL DR 3662 BRIDGEPOINTE STURM MELANIE ASPEN, CO 81611 OWENSBORO, KY 42303 PO BOX 410 ASPEN, CO 81612 ZOLET THERESA & DAVID 17 PADDOCK CT POTOMAC, MD 20854 (E1<iqlettes faciles a peter ; A Repliez a fa hachure afin de ; www.averycom Utilisez le gabarit AVERY® 5160® L rh5rear aPn, r_v. ter le rebord Pop-upT"` ; 1-800-GO-AVERY ATTACHMENT 6 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE � �,�� Cciwl Pl.E7C ADDRESS OF PROPERTY: �', Aspen, CO SCHEDULED PUBLIC HEARING DATE: �Y , ITN .200 1 -'-> STATE OF COLORADO County of Pitkin ss. c,� Jpwt�5 (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the21 day of A15USF , 20013, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. _X Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Aspen Historic Preservation Land Use Application Requirements, Updated: May 29, 2007 Rezoning or text amendment. Whenever the official zoning d9srict map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature " \1� The for going "Affidavit of Notice" was cknowl dged before ry�te this day Of l� , 20011 by ��� 2, WITNESS MY HAND AND OFF(I�C�I SEAL2 My commiss' n ex 'res: Notary Public MOMM =XV 2OBLMRIACOp DECSOMIk�1! ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL Aspen Historic Preservation Land Use Application Requirements, Updated: May 29, 2007 i ASO env PUBLI C NOTICE W" Date: Monday, Sept 9, 2013 -- Time: 5:00 PM Place: Council Chambers, Cit Hall 130 S Gale an St Purpose: Public hearing before the K ;p qn City Council to consider an application submitted by the Aspen Alps Condominium Association for this property (The Aspen Alps). The applicant requests PUD, rezoning, and subdivision reviews to memorialize the existing development. For further information, contact the Aspen Planning Dept: 970-429-2780 f • RECEPTION#: 603137, 09/05/2013 at 10:61:36 AM, 1 OF 6, R $36.00 DF $0.00 Doc Code DEED RESTRICT Janice K. Vos Caudill, Pitkin County, CO OCCUPANCY DEED RESTRICTION AND AGREEMENT FOR THREE EMPLOYEE DWELLING UNITS APPROVED PURSUANT TO CITY OF ASPEN CITY COUNCIL ORDINANCE NO. 28 (SERIES of 2001) THIS OCCUPANCY DEED RESTRICTION AND AGREEMENT (hereinafter referred to as the "Deed Restriction") is made and entered into this J'1 day of 4kA u s,- 2013, by and between ASPEN ALPS CONDOMINIUM ASSOCIATION, a Colora o non-profit corporation, whose address is 700 Ute Avenue, Aspen (hereinafter referred to as "Owner"), and the ASPEN/PITKIN COUNTY HOUSING AUTHORITY, a multi jurisdictional housing authority established pursuant to the FOURTH AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT recorded on January 2, 2008 at Reception No. 545387 of the records of the Pitkin County Clerk and Recorder's Office (hereinafter referred to as "APCHA"). WITNESSETH WHEREAS, Owner owns real property more specifically described on Exhibit A (hereinafter referred to as the "Real Property"). Located on the Real Property are three (3) employee dwelling units (the "Employee Dwelling Units") comprised of one (1) one -bedroom unit and two (2) two -bedroom units. The Employee Dwelling Units are more particularly described on Exhibit B. The Employee Dwelling Units were approved by the Aspen City Council Ordinance No. 28 (Series of 2001), recorded at Reception No. 463766 in the Pitkin County Clerk and Recorder's Office. For purposes of this Deed Restriction, the Employee Dwelling Units, the Real Property, and all appurtenances, improvements and fixtures associated therewith shall hereinafter be referred to as the "Property'; and WHEREAS, this Deed Restriction imposes certain covenants upon the Property which restrict the use and occupancy of the Employee Dwelling Units for use by Owner's employees and their families who meet the qualification guidelines established and indexed by APCHA on an annual basis as stated in the Aspen/Pilkin Employee Housing Guidelines (hereinafter referred to as the "Guidelines"). NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein, Owner hereby covenants and agrees as follows: Owner hereby covenants that the Employee Dwelling Units described above shall at all times remain rental units and shall not be condominiumized and sold separately unless approved by APCHA. The use and occupancy of the Employee Dwelling Units shall henceforth be limited exclusively to housing for Owner's designated employees and members of their households. Owner's employees shall be required to meet the definition of "qualified Category 2 and 3 employees" as those terms are defined by the Guidelines; provided, however, that any employee of Owner leasing an Employee Dwelling Unit shall be exempt from the maximum asset and income limitations imposed by the Guidelines. The Employee Dwelling Units shall not be occupied by the owners of Aspen Alps Condominium units or members of their immediate family ("Immediate Family" shall mean Page 1 Aspen Alps Deed Restriction a person related by blood or marriage who is a first cousin [or closer relative] and his or her children) nor shall the Employee Dwelling Units be used for guesthouse or guest facility purposes. 4. Written verification of employment of Owner's employees proposed to reside in the Employee Dwelling Units shall be completed and filed with APCHA prior to any occupancy thereof, and such verification must be acceptable to APCHA. The Employee Dwelling Units shall be required to be leased for periods of no less than six (6) consecutive months and stated so in every lease for the Employee Dwelling Units. Upon vacancy of an Employee Dwelling Unit, Owner shall have a period of forty-five (45) days within which to locate a qualified employee to occupy a vacant Employee Dwelling Unit; provided, however, if a vacancy occurs during the spring or fall off-season (generally, April and May; October and November), then Owner shall have a period of ninety (90) days within which to locate a qualified employee to occupy a vacant Employee Dwelling Unit. If Owner does not have a designated employee to lease a vacant Employee Dwelling Unit, then Owner may designate a third party, not employed by Owner, to lease the Employee Dwelling Unit so long as such third party satisfies the Guidelines. If Owner fails to designate either Owner's own employee or a third party not employed by Owner to lease an Employee Dwelling Unit, then APCHA may designate a qualified employee to lease the vacant Employee Dwelling Unit. 6. The maximum rental rates for the Employee Dwelling Units shall not exceed the Category 2 or 3 rental rates as set forth in the Guidelines, as such rental rates and may be adjusted annually as set forth by the Guidelines. The maximum permitted rental rate for the Employee Dwelling Units on the date of execution of this Deed Restriction is set forth on Exhibit B. Rent shall be verified and approved by APCHA upon submission and approval of each lease. Tenants of the Employee Dwelling Units shall be qualified by APCHA as to employment, maximum income and asset limitations. Tenants employed by Owner shall be exempt from the income and asset maximums. 7. Owner and APCHA acknowledge that the Employee Dwellings Units have been created as part of a voluntary project to create on -site housing for Owner's employees. Accordingly, APCHA's minimum occupancy under the Guidelines (i.e., at least one person per bedroom) shall not be a mandatory requirement. 8. Owner shall designate five (5) parking spaces in the parking garage on the Real Property for use by occupants of the Employee Dwelling Units. Such parking spaces shall be located in the upper level of the parking garage, in close proximity to the patios serving the Employee Dwelling Units. 9. Owner agrees to provide APCHA upon request all information reasonably necessary to determine if there is full compliance with this Deed Restriction. Owner shall provide APCHA with a copy of the signed lease for each Employee Dwelling Unit within ten (10) days of APCHA's verification of the qualifications of each tenant proposed to lease an Employee Dwelling Unit. 10. In the event that APCHA has reasonable cause to believe Owner and/or a tenant is violating the provisions of this Deed Restriction, APCHA, by its authorized representative, may Aspen Alps Deed Restriction Page 2 inspect an Employee Housing Unit between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing Owner with no less than 24 hours' written notice. H. In the event APCHA determines that a violation of the provisions of this Deed Restriction exist, APCHA shall send a notice of violation to Owner and/or tenant, as may be applicable, detailing the nature of the violation and allowing Owner or tenant fifteen (15) days to cure. Said notice shall state that Owner or tenant may request a quasi-judicial hearing before the APCHA Board pursuant to the Grievance Procedures of the APCHA Guidelines within fifteen (15) days to determine the merits of the allegations. If no hearing is requested and the violation is not cured within the fifteen (15) day period, Owner or tenant shall be considered in violation of this Deed Restriction. If a hearing is held before the APCHA Board, the decision of the APCHA Board based on the record of such hearing shall be final for the purpose of determining if a violation has occurred and for the purpose of judicial review. 12. There is hereby reserved to the parties hereto any and all remedies provided by law for breach of this Deed Restriction or any of its terms. In the event the parties resort to litigation with respect to any or all provisions of this Deed Restriction, the prevailing party shall recover damages and costs, including reasonable attorney's fees. 13. In the event an Employee Dwelling Unit is leased without compliance herewith, such lease shall be wholly null and void and shall confer no title whatsoever upon the purported tenant. Each and every lease, for all purposes, shall be deemed to include and incorporate by this reference the covenants herein contained, even without reference therein to this Deed Restriction. 14. In the event that Owner or tenant fails to cure any breach, APCHA may resort to any and all available legal action, including, but not limited to, specific performance of this Deed Restriction or a mandatory injunction requiring compliance by Owner and/or tenant. 15. Whenever possible, each provision of this Deed Restriction and any other related document shall be interpreted in such a manner as to be valid under applicable law; but if any such provision shall be invalid or prohibited under applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of this Deed Restriction or other document. 16. This Deed Restriction is to be governed and construed in accordance with the laws of the State of Colorado. 17. No claim of waiver, consent or acquiescence with respect to any provision of this Deed Restriction shall be valid against any part hereto except on the basis of a written instrument executed by the parties to this Deed Restriction. However, the party for whose benefit a condition is inserted herein shall have the unilateral right to waive such condition. 18. The parties to this Deed Restriction agree that any modifications of this Deed Restriction shall be effective only when made in writing, signed by both parties and recorded with the Clerk and Recorder of Pitkin County, Colorado. 19. The terms and provisions of this Deed Restriction shall constitute covenants running with the title to the Employee Dwelling Units as a burden thereon for the benefit of, and shall be Aspen Alps Deed Restriction Page 3 • • specifically enforceable by Owner, by APCHA, the City of Aspen, Colorado, and by their respective successors and assigns, by any appropriate legal action including, but not limited to, injunction, abatement, or eviction of non -qualified tenants. 20. Owner and APCHA stipulate and agree that, in accordance with CRS 38-12-301(1)(a) and (b), this Deed Restriction constitutes a voluntary agreement and deed restriction to limit rent and/or sales price on the property subject hereto and to otherwise provide affordable housing stock. Owner waives any right it may have to claim that this Deed Restriction violates CRS 38-12-301. IN WITNESS HEREOF, the parties hereto have executed this Deed Restriction effective as of the date and year above first written. OWNER: AS a M STATE OF COLORADO ss. COUNTY OF PITKIN Th�ry foregoing instrument was acknowledged before me this J � day of A_P_n_k,� `1-- , 2013, by Moses Lebovits, President of Aspen Alps Condominium Association, a Colorado non-profit corporation. WITNESS MY hand and official seal; My Commission expires: S_ a S - % Notary Public VL0? `5i 4814 saOx3 W!ssWxuo'J An LV6900"%6 # a AHVION OaV80100 :1O 31VIS onend ANV10N 3310M30 'J 131N` C] Aspen Alps Deed Restriction Page 4 ACCEPTANCE BY APCHA The foregoing Deed Restriction and its terms are accepted by the Aspen/Pitkin County Housing Authority. THE ASPEN/PITKIN COUN USING AUTHORITY By: A. Ronald Erickson, Chairperson STATE OF COLORADO ss. COUNTY OF PITKIN The foregoing instrument was acknowledged before me this '/""'day of } 2013, by A. Ronald Erickson, Chairperson, for the AspenPitkin County Housing Authority oard. WITNESS MY hand and official seal My Commission expires: Z —1(0 CINQY CHRISTENSEN 8tab of Cowaft v Notary Pub c Aspen Alps Deed Restriction Page 5 EXHIBIT A LEGAL DESCRIPTION Aspen Alps Parking and Affordable Housing Project, according to the Final PUD Plat thereof recorded August 15, 2002 under Reception No. 47160 in Plat Book 61 at Page 96, being a portion of Lot 2B, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision of the George P. Mitchell and H. A. Bornefeld, Jr. Property according to the Plat thereof recorded in Plat Book 29 at Page 65, COUNTY OF PITKIN STATE OF COLORADO EXHIBIT B DESCRIPTION OF EMPLOYEE DWELLING UNITS Apt. No. Bedrooms Gross Sq. Net Livable Sq. Ft. Cateory Maximum Initial Ft. Monthly Rental Rate* Unit l 2-bedroom 11 937 848 2 $1,154 per month Unit 1-bedroom 1 859 _ 775 3 $1,425 permonth Unit 3 2- bedroom 1 949 854 2 $1,154 per month *Based on APCHA Guidelines in effect as of January, 2013 Aspen Alps Deed Restriction rage 6 Jessica Garrow From: Sunny Vann <vannassociates@comcast.net> Sent: Thursday, September 05, 2013 3 20 PM To: Jessica Garrow Cc: James DeFrancia; John Corcoran, TTodd@hollandhart.com Subject: Alps Attachments: ASPEN_ALPS_PUD_800_K-8-2013 11 x17.pdf Jessica, As we discussed, the correct number of spaces for the 100 Building's use is 13. While 14 spaces exist, 1 space is being used by the neighboring Glory Hole Condominiums. In the event the Glory Hole parking arrangement is terminated, the 13 spaces will be restriped to eliminate the partial space currently located on the Glory Hole property. With respect to the 800 Building and Unit 802, Derek Skalco's inspection of the unit has resulted in an increase in its net livable area of 40 square feet. Its new net livable area is 1,878 square feet. The 800 Building's floor area remains unchanged but its total net livable area has increased to 17,030 square feet. Please revise the ordinance as may be required. The revised calculations are attached hereto. Thanks! Sunny Vann Vann Associates, LLC P.O. Box 4827 Basalt, CO 81621 vannassociates@comcast.net 970/925-6958 970/920-9310Fax CONFIDENTIALITY NOTICE This e-mail transmission and any accompanying documents contains information belonging to the sender that may be confidential. This information is intended for the use of the individual or entity to whom this e-mail transmission was sent as indicated above. 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SAO 7-z;a&Ldwdw A� L7 �w IFA • • AR & EGRESS N❑TE1 GAS, ELECTRIC, TELEPHONE & TV S _ 2VI CE PROVI'f"D BY UNDERGf- ]UND LINES CATED IN ALLLY PARKING SPACES AS STRI""D (TYPICAL) ou IN ALLEY 7e CUpg 7 CUT 76 "_D CAP C R r�B 79 1 61 29 1 St {3E'.S6 'E�9 6 pr C-q E 9, 61 �, 3 S' ' L D T 1 BRI CK,' B-DG, D GLORY L 17T HOLE CONDOMINIUMS o W 3 L 1--1 \ 20' EASEMENT INGRESS & EGRESS BK NOT IN FI ELD 202 PG 343 EVI DENCE 1 s* o� GAS � METER �,' '� F 6AC Ak( PATIO , cl I. R-j7 m DRAINAGE C(�pg S a I, L S BL G 3T�4E / I f , I I C' R • CURB4<7 �., or3AR NO CAP STRIPPED OR53CIR CURB PARKING SPACES (TYPICAL) d 1 SPACE RESERW-D FOR GLORY HOLE CONDOI Vi UM UNIT `'-• THE REMAINING ARE MARI,'--- • RESFR\,ED SPACES ROAD IS GATED AND SIGNED FOR A` - ALPS AS _"J_Y' 'PRIVATE ROAD ASPEN ALPS' �� K SS-& EGRESS N1f1 GAS, ELECTRIC, -- EPH❑NE & TV SERVI CE PROVI DED BY UNDERGROUND LINES LOCATED IN ALLEY fiy PARKING SPACES AS STR77D (TYPICAL) 20' �acK�°oR L❑T RH IN ALLE) IV 78 \CGR CUR 79 RED CAP tB 1 61 29 l�i3E38i�tQi 6 C CCR �- L -T P GAS METER CQR `+ RH B M�l1i96B S6 REBAR N❑ CAP 59 �OR CURB STRIPPED PARKING SPA -- (TYPICAL) 1 SPACE RESERVED FOR GLORY HOLE CONDOMINIUM UNIT ' B' THE REMAINING SPACES ARE MARKED 'RESER\oED FOR ASr-N ALPS ONLY' G, GLORY HOLE CONDOMINIUMS 20' EASEMENT INGRESS & EGRESS BK 202 PG 343 NOT I N FI ELD EVI DENCE tv e.� c Syr :. �s•� p ROAD IS GATED AND SIGNED AS 'PRIVATE ROAD ASPEN ALPS' Recorded ' 2 09r - gels _ P hf., �S�t�x_ k•= %7.',�_. - bliun �U PAL � 15500! E. --Miklich•• •-•.-�_Reemder• j Rwptton No. __.._........... Peggy- ,: TIIis DEID., Medethie-7'� dayof octr,,ts "7 between GERALD 1TEWEY, Trustee - of the'. - - 1;oynty of Pltkiil and state of Colorado, of the first part, arrd• LESTER A.• ZUH14011 _— County 'of Pitkln and state of of the Colorado, of the second part, rp , CNESSETH, That -the said party of tho first pars, forand in consideration of the sum ofw.DOLLARS. Ten Dollars and other consideration .. of the second part, the receipt whereof to the said party of the first part in hand paid by the said part. y and by is hereby confessed end acknowiedged, ha S remised, released, sold conveyed .and• QUIT C,LAII=. I these prrnents do e5 remise, release, sell, convey and QUIT CI A1D1 unto the said part Y of the second park his heirs; successors and assigns, forever: all the right, title, }stele st, claim and demand which the said part �, of the first Part ha S In and to the following descrihed lot or parcel of land situate, lying and County of - Pitkin and State of Colorado, to wit: being in the . A portion of that easement described in the Quit Claim Deed reco-rded in Book as Q343 of the records .of Pitkiri County, described follows. That poitidrr`ES fct~t-by 2d. fact wide-_which_is the Northerly 85 feet,of the Easterly 20 feet s.:of .Lot -Q, Block 10.7,;City and Township of Aspen, _-'.-.-_ -•-.- Pitki'n County, Colorado. ^'here shall be no. interference -for in'the Quit of ingress'and egress provided for in the Quit Claim Deed herein referred to. N + to TO HAVE AND TO BOLD the same, togo and 1 the nest en�gh6 tie pinte interest " claim w�hatsoever�the_ - — - tielongirtz, of in anywiss.thireunto apperWning, u benefit and behoof of the said said part y of the first park either in lqw or equity, to the only proper . use, 4 of the second. h i 3 heirs and assigns forever. part 'y Pie of the rraC pa S hereu set h 1 S hand IN WITNESS WHEREOF, The said partY .'and seal ....... _Weday MAyear firstahorewritton Gerald He y Signed, Sealed and Deliverod In the Piasenee•of : �a ] SEAL ... SEA _LI ._.............._._._..........._........... -- t ... ................. ..._......................._ STATE OF COLORADO. l v County of P t off.%,\► a& 1 Y -. , before me this 9. day of HThc foregoing ltL Lrument acknowledged `wn/s a�,. 19 7 • by' f 13 !9.. WitneK+s my hand and off c[al coal. a s rM My commjselon explra �a '19 �Dr - V •�i� R�� �r2 V':� y t:,l.. e<.rtt��� eypeeiO� .. A.- -It 6rr natunll rKr�n or Mrwow� b, lerrt nabee or acmes; if by Derma 'u t"c� ri.nMvi 1t[�r t1.ea taM+t nI.RN Of pa,�on Y e1eCYtAr. wtt �r- in -fee[ ol. O[Mr uW r M or(�r., eeL lb. }.eal6ral oe ot6�r genes.. .,r cues lw.vera nrb1R�r-Ct. PaltM OC .»<n nffferr or t�}ee (l. - Aeawelereul� ,Sec-111.{.1 Cnloraete Rertwed 8letnt js4 \ y�_n �,,.�t c-i+- �-•. . 1erHe 61w4 el,wr. a .'-gUrr Cs.ews DaftD:•-Jti+�?r!'Z 963. Filed for record at 3:20 P.K. May 17S1Coblo, Recorder 800�' 0? PA6U34i Reception No. 115485 889. 1aYT 0=-CZAI K 10t�'f1s C. F. Hs-ekal Bhak book k Lake. Co. Dsanr. 0-6 IWO Wiry, Made this 20th day of February in the year of our Lord one thousand nine hundred and s&xty-three between LEST'ER A. LUHNOW of the County of Pitkin and state of Colorado, of he first part, and H. A. BORNEFELD, Jr. and GEORGE P. MITCHELL Texas of the County of Harris and State of37raf, of the second part, Witnsaseth, That the said party of the fast part, for and in consideration of t`.e sum of - - -- �al.I,sa� TEN DOLLARS And Other Valuable Consideration apart -- receipt whereof is hereby to the said party of the first part in hand paid by the said part iesofla confessed and acknowledged, ha s remised, released, sold, conveyed and Wt-Claimed, and by these presents dceS remise, release, sell, convey and qWt-Claim unto the said part iesof the second part, their heirs and assigns, forever, all the right, title, int rest, claim and demand which the Laid part y of the first part ha s in said to the yang an situate, tying and described real property and State of Colorado, to -wit: being in the County ofPitkin An easement over, along and across the southerly 15 feet of that certain tract of land described in Document No. 114366 in Book 199 at Page 606 of the records for Pitkin County, and the easterly 20 feet of Lot Q in Block 107 in and to theCity and Townsite of Aspen, for the purposes of ingress and egress from Ute Avenue and the alleys in said Block 107 in and to the City and Townsite of Aspen to the Mitchell-Bornefeld land in Ute Addition to the City of Aspen lying southerly of said Block 107 in and to the City and Townsite of Aspen 1'�-'7/6 To Have and to Hold the Same, Together with all and singular the appurtenances and privileges thercunto belonging i or in anywise thereunto appertaining, and all the estate, right, title, interest a :d claim whatsoever of the said part y of i the first part, either in law or equity, to the only proper use, benefit and behoof of the said part iesof the second part, theirheirs and assigns, forever. hand and seal In Witness Whereof, The said part y of the first part has hereunto set his the day and year first above written. j - ,+ ........._........... (SEAL) Signed, Sealed and Delivered in Presence of 1a'• - Y _ ......................._..(SEAL) j _......_......... ...... ....................... (SEAL) ................................................................ ...(SEAL) e STATS or COLOI ADO, + `" `' '� ;'i Pi tkin }� The foregoing instrument was ,�. , county of , 19 63. I - Q ,1 n , ' • '-I acknowledged herore me this 20th day of February T •.•• II��J--c';by• LESTER A. LUHNOW. • ',' �// j; 1 `C, p• Witness my hand and o4ficia! seal. / y' b0 My commission expires 9/28/66. .._. _.._.._......_: .._. av Po ., •• � Nara DLIC. •tl .stirs' is :es'W a rpessaWlr..,osefty. In.er'�a� and aLo ems. or ..we+tr and fa r6nm .eons. _. F6.d for reeord A. D. 19_... al_—_.__o'eloelc_._M. __ _ RECORDER i rAa-eemerit") is entered into as of 4L L 1 da`; cf June , a 1987, by and among GLORY T-L;,M ASSOCIATION a Colorado corporation ("Glory ficle") , ASIP _E": FLPS CONDOMINIUM ASSOCIATION, a Colorado corpo- .ation (" spe.. z ps"), and ASPEN CLUB LODGE, a a Ge -1 Dartnershin ( "Aspen Club Lodae" ) . WITNESSETH: WHERE=.S, Glory Hole is the owner of certain real property Cescribed as she southerly 15 feet of the easterly 20 feet of Lot Q, Block 107, City and Townsite of Aspen, Pitkin County, Co1c-adc (the "Glory Hole Property"). The Glory. Hole Property is ccrtaired wit..in the general common elements of the Glory Hole i-; u-c as set forth .n the Condominium Map thereof recorded _.. `- ._. ice of t:`_e Clerk Gna Recorder of Pitkin County, in Plat page 30= ; and IH REAS, the Glory Hole Property is burdened by an ingress a.o ecress easement (the "Access Easement") which runs to the nef..t cf Aspen Alps; such Access Easement is dated February 20, 11953 and recorded in the office of the Clerk and Recorder of _tk:... Coy_^ty, on May 17, 1963 in Book 202 at page 343 under -_.._✓`_io-. Nc-. 115465; and WHEREAS, pursuant to a previous agreement (the "Parking Lot A _ ree;-_nt") b=_twe en Aspen Alps and the predecessor ir interest of C_�h Lod -, cert�in P arki. - lot ir._ rove -meets (the "Parking Clc.^kt^^mina.' and curling, were mead= on -.- y -o-__7y located adjacent to the Glory Hole Property. art;_ncL•at Agreement created a sixteen (16) space parking _.J_ the use of Asper. Alps and Asper. Club Lodge; and W;-EEREAc, Glory Hole was not a party to the Parking Lot Agreement even though certain of the Parking Lot improvements were located on the Glory Hole Property; and Glory role has claimed that the scope of the Access C_cCribec above does not contemplate or provide for the older t?e-ec= to place parking lot improvements on the Glory coo Pro--, _ . Rather trim force the removal of the Parking Lot _-.prove—ments frog the Glory Hole Property, Glory Hole is willing tc e_?.;* the Parking Lot improvements to remain on the Glory ficle Propertv ano to release Aspen Alps and Aspen Club Lodge from a=1 ciaim-s associated with the encroachment of the Parking Lot o-:tc the Glory Hole Property. In consideration for the forego- G=or-,- Loie �%as reauestec Aspen Alps and Aspen Club Lodge to (a) consent to Glory Hole 's use of the Parking Lots easternmost p_=rki_!g space (the "Parking Space") which is located on the Glory Hole Property; and (b) grant Glory Hole an ingress and egress easement fron the nearest public right of Wad' to the Parking Cpacs; and i HE?SA_5, Aspen Alps and Aspen Club Lodge are willing to give to Glory Hole's use of the Parkina Space and to c' t t"._ c�=c _ re 3Fste3 by Glor'_-' Hole only upon the terms in consideration of the mutual promises contained and for other good and valuable consideration, Hole, Aspen Alps an3 Asper, Club agree as follows. i . zr _ess 'se-,ent --end,.!- t Glory Hole hereby amends the Acc �as_-ment so as to r::o3ify the scope of such Access Easement to .--low for the construction, operation and maintenance of the r?rkin� Lot thereon any to permit, for a term of five (5) years from the date hereof, the use of the Glory Hole Property for automobile parking and related purposes. I. Parkin..: Space EasementAspen Alps and Aspen Club Lodge r.ere cra t to s.1ory Hoie for a terry; of five (5) years from the Care =eaf, the ex-lusive right to use the Parking Space. Glory c: I E _s also granted the right of ingress and egress to and from :.r.i 'Dark_r� Spa:a across the ei:is`_1rSu aCCCSS rOU`CeS t0 the Park- :. : C - es ar e Cescr __ _^ in that cel,.s:n c`c_.._..t G a- by Z_ s 7 Alns aro rec..:fef in Boob; 327 a-- 7%-,yrs of _he P_tkin Cou_^.ty _�_k and Recorder. In e: _c-: F_I exclusive right to use the Parking Space, _ss.:e a parking perTrt to Glary Hole. Such ta_ {ir pe_..._t s-.=i1 be prominently displayed in the vehicles ..SI n , re _ a r k i n c Space. 3. Scope of Use. Glory Hole Hereby agrees that use of the Parkin-- Space b, Glory Hole owners, guests or invitees shall be i teY to the short term and overnigh—. parking of conventional such as auto-cciles, shall vans and light duty trucks, _he Parkir.� _S-pace shall not be utilized for long-term S� _c o-? over- zeC vehicles, boats, buses, commercial L. `C , v OR anf' the ; .�,e Roth Aspen Alps and Aspen the richt to 1i-7.:tor Glory Hole's use of re -,,;'re G?o- to re:r,ove any vehicle space in of paracraph 3, f i V e GavS aIT_E_ wr itten notice by Aspen -o Glory Ycle. Club Lodge shall have the Parking Space and to parked or stored in the at Glory Holes expense, removal thereof within Alps or Aspen Club Lodge q . Suns Fr ch b- t Glom, Bole,its members, agents, e--:_ c•:ees, C; etc, cr invitecs shall not post, inscribe or expose �-: signs, or lettering of any type in, on or near the Parking S^- ce cr on env portion of the Glory, Hole Property which is visiblefro._. the Parking Lot. _ . nde-- . flea_ o- and maintenance.Glory Hole hereby EX�ressly agrees, on beha_f of Glory Hole owners, their guests and invitees, that rspe Alps and Aspen Club Lodge shall be held harmless from any and all liability arising from Glory Hole's use o- the sub-ect parking space and the access to and from said space. Aspen '_lps and Aspen Club Lodge agree that the Parking Space shall be plo,,ed and maintained at the same intervals and in as t`-e adjacent parking spaces in the Parking Ho _E s nevertheless rode-:nify and hold Aspen Club Lodge for an:' injuries or sou=fer Z by Glory Hole owners, their quests and as a cons= _ue-:c- of the maintenance and plowing of the =arkinc Soace, un'•ess the damage or injury is caused by gross -.eg'icence or wanton a reckless disregard of the person or _roperty of the injured :-arty. notwithstanding anything ,rained her-_._ to the contrary, it is agreed and acknowledaed p,s T -__os and,/or Aspen Club Lodge `s request, Glory •._� •-.. - �. _.- a�:. 1.-, o a pi GtG basis, to the co5t and xz,el:s- fcr m-aintenance, operation and capital improvement of �-:Ea_ 1- its ow .ers, agents, directors, offi- successors and assians hereby anc Lcre,7er disch __- Aspen Alps, Aspen =_r res--_=i e owners, directors, off i- c=-`, e _ - re;:ecc_.i5tiv=s an- assign.=, togetheY with all s -s i_r s or corooraticns or and from all claims, a s, _`ic_i_=ties and causes of action of every kind and n-=ture whatsce-ver, _rlsiny from. or connected with the construc- t_.__, ..,crow_...._.._ and use of the Parking Lot on the Glory Hole ro e_ �S . ni SE ^n-- _ No p�_ty to this Lgrcczonr :.tail assign GT or _-a? =___ _ _ __,E - _g--s, powers or pr-i v_leges granted herein. -- Nctui`7:Etandi-_ anything contained herein to the con- . �rt' It 2s e� rES� y acrteed and acknowledged that the length Of r:e t r.-.s c_ t�.- p-cess Lasem=_nt ATendm nt ants the Parking Space granted _n Paracrapl:s 1 and 2 above shall be for five = years cc -.-._noire frc- the date of thiY Agreement. Upon t:^.e ex:.iration such fi-:e year terms, and if not renewed by ut:� ^_ agreement of the parties, then Aspen Alps and Aspen Club Lodge Shall, at their sole cost and expense cause the Parking Lot 7Tprcvemments located on the Glery hale Property to be removed. 9. Covenant Not to Record. Tree parties hereto agree and ackno l=0ce and hereby covenant for the-mselves, their successors and assigns that this Agreement shall not be recorded with the Ritkin County Clerk and Recorder. ','e- = parties here.- expressly agree that exclusive ven. e =__ Iitiaation of any ciEputes hereunder shall be Pitkin C0J-Lv Listrict Court, Pitkin County, Colorado. Should any party hereto to required to ccmm.ence litigation to resolve any dispute hereunder, the prevailing party shall be entitled to an award of ccS:.s and reasonable attorneys' fees in addition to any other da-.�ges aw�rdatie pursuant to Colorado law. I`_: WI�i:%SSWHEREOF, the parties hereto set their hands this t day of GLORY HOLE CONDOMINIUM ASSOCIATION, a Colorado corporation -c_ ado Jz -" JYIINI UM 0 voraton/ , M P_SSOCI ATION , ging Agent ASPEN CLUB LOD"S r'tQV/'hhIE Managing Agent 16 0 Jessica Garrow From: Sunny Vann <vannassociates@comcast.net> Sent: Wednesday, June 05, 2013 1:55 PM To: Jessica Garrow Cc: James DeFrancia Subject: Glory Hole Parking Jessica, Apparently there was an agreement which granted the Glory Hole the right to use one of the 100 Building's parking spaces. The original agreement, which had a five year base term, has been continued by the parties through their mutual actions and course of performance. There is no present intent to terminate or modify the agreement as it exists. Circumstances, however, may require future adjustment or curtailment, depending on the needs of the Alps property Sunny Vann Vann Associates, LLC P.O. Box 4827 Basalt, CO 81621 vannassociates@comcast.net 970/925-6958 970/920-9310Fax CONFIDENTIALITY NOTICE This e-mail transmission and any accompanying documents contains information belonging to the sender that may be confidential. This information is intended for the use of the individual or entity to whom this e-mail transmission was sent as indicated above. If you have received this transmission in error, please advise the sender by reply e-mail and destroy all copies of the original transmission including any accompanying documents. Pau TH4xk, l6la V'r, (A4 OW4V, yr, • ,qVGjc,b(y\ r4 4 .2001 '1 ck,k^t 0 3,2jj - e'4 t' . t a a �0 t V, • • MEMORANDUM TO: Mayor Skadron and Aspen City Council FROM: Jessica Garrow, Long Range Planner V ' Y Y ) Justin Barker, Planner THRU: Chris Bendon, Community Development Director RE: 700 Ute Ave (Aspen Alps) — PUD, PUD Amendment, Rezoning, Subdivision First Reading, Ordinance No. 34, Series of 2013 Second Reading is scheduled for September 9, 2013 MEETING DATE: August 26, 2013 APPLICANT /OWNER: Aspen Alps Homeowners Association REPRESENTATIVE: Sunny Vann, Vann Associates LOCATION: 700 Ute Ave, Aspen Alps CURRENT ZONING: Lodge (L) with a Planned Unit Development (PUD) Overlay on Parcels 4 and 7 and portions of Parcels 3 and 6 PROPOSED ZONING: Lodge (L) with a Planned Unit Development (PUD) Overlay on Parcels 1-8 SUMMARY: The Applicant requests the existing improvements be memorialized by updating the PUD, and clarifying legal descriptions through a new Subdivision. In addition, utility easements are proposed to be upgraded to ensure utilities are located within easements. No new development is proposed. STAFF RECOMMENDATION: Staff recommends approval of the request. P&Z RECOMMENDATION: P&Z recommended 3:2 to deny the request. Photo: Alps location and picture of Alps 200 Building. Page 1 of 7 Aspen Alps PUD — Council 1" Reading — 8.26.2013 0 • REQUEST OF CITY COUNCILCOMMISSION: The Applicant is requesting the following land use approvals: • PUD approval to add the PUD designation to the entire Aspen Alps property memorializing all existing improvements, pursuant to Land Use Code Chapter 26.445, Planned Unit Development. (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission.) • PUD Amendment to update the existing Planned Unit Development (PUD) to memorialize all existing improvements, pursuant to Land Use Code Chapter 26.445.100.13, Planned Unit Development Other Amendment. (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission.) • Subdivision approval to memorialize Parcels 1 — 8 as subdivided lots, pursuant to Chapter 26.480, Subdivision. (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission.) • Rezoning_ approval to establish a single PUD Overlay for the entire project area, pursuant to Chapter 26.310, Amendments to the Official Zone District Map. (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission.) BACKGROUND AND PROJECT SUMMARY: The applicant proposes to memorialize all existing improvements on Parcels 1-8 of the Aspen Alps Condominiums, and to update all utility easements to ensure utility lines are located within the appropriate easement. No new development is proposed as part of this application. Existing Conditions and History: The Aspen Alps, located at 700 Ute Avenue is comprised of 73 multi -family residential units, three (3) affordable housing units, and a parking garage. There are eight (8) different Alps parcels — two (2) are vacant and six (6) include improvements. A summary of the parcels and existing buildings are listed in Table 1, below: Table 1: Parcel and Develo went Descriptions parcel # Parcel Size (Gross Area) building # / common name Current # Units 1 .612 acres; 26,668 sf 100 Building 16 2 .761 acres; 33,163 sf 200 Building 16 3 .971 acres; 42,286 sf 300, 400, 500 Buildings 22 4 .312 acres; 13,612 sf 700 Building 10 5 .514 acres; 22,939 sf 800 Building 9 6 3.402 acres; 148,182 sf Vacant Land N/A 7 .122 acres; 35,314 sf Winter Building (Parking Garage, Affordable Housing) 3 8 1 .049 acres; 2,126 sf Vacant Land N/A The Aspen Alps were developed incrementally beginning in 1962. In fact, the Alps was the first condominium building in the State of Colorado. Building 100 was developed in 1962, Buildings 200 — Page 2 of 7 Aspen Alps PUD — Council Is' Reading — 8.26.2013 • 0 700 between 1965-1969, Building 800 in 1973, and the Winter Building in 2002. Note there is no 600 Building. Individual condominium maps and declarations were created as each phase of the Aspen Alps was constructed and sold. The recorded condominium plats are the current basis for the existing legally described parcels. Because a majority of the Alps was developed before modern subdivision regulations, the applicant is requesting a Subdivision Review to more clearly establish the existing parcel boundaries and legal descriptions. There is one master Homeowners Association, as well as individual associations for the different buildings. The master Association also provides services to the 777 Ute At -the -Aspen Alps Condominiums, which is not part of this application. The Alps units are considered Free -Market Residential Dwelling Units with the ability to be rented on a short-term basis. The units have been occupied by owners, their guests, non -working residents, residents working outside of Pitkin County, and vacationing tourists. The Alps is located in the Lodge (L) Zone District. In 2001 an application was approved by City Council rezoning the portion of the Alps that was zoned R- 15 PUD and Conservation to Lodge — other portions of the Alps were already in the Lodge zone district. The Council minutes are attached as Exhibit G. The record is not entirely clear, but it appears the intent of the application was to add a PUD Overlay to all parcels comprising the Aspen Alps. However, the Ordinance was poorly written and only included some of the Alps parcels. The PUD Overlay officially includes Parcel 4 (700 Building), Parcel 7 (Winter Building), portions of Parcel 3 (Buildings 300 and 400), and portions of Parcel 6 (Vacant Land). Buildings 100, 200, 500, and portions of vacant land do not currently include the PUD Overlay. In 2008, the City, believing the 2001 action created a PUD Overlay for the entire project, processed a PUD Amendment for a unit in the 200 Building enabling expansion of a unit. While the entire area has essentially functioned as one PUD since 2001 and the Community Development Department believes the intent in 2001 was to establish a single PUD Overlay for all eight (8) parcels, staff has included a rezoning as part of this review to clearly establish that the entire Aspen Alps is zoned Lodge (L) with a PUD Overlay. Proposed PUD: No new development is proposed as part of this application. Many of the existing dimensions do not meet the underlying Lodge Zone District dimensional requirements, and are considered legally established non -conformities. This means the Alps buildings were originally developed in conformance and compliance with City regulations, but code changes made by the City over time have resulted in the buildings no longer meeting all the current requirements in the Land Use Code. The Applicant wishes to memorialize the existing development through the PUD, including all existing non -conformities, while updating utility easements. Each building has at least one non -conformity, and most have four or more. The dimensions permitted in the Lodge Zone District and the existing dimensions at the Alps, which are proposed to me memorialized, are attached in Exhibit E. Table 2, on the next page, highlights the specific non -conformities for each building that are proposed to be memorialized through the PUD. Each non -conformity is marked with an "X." Page 3 of 7 Aspen Alps PUD — Council ls` Reading — 8.26.2013 Table 2: Existing Non -Conformities Density Floor Area Unit Size Setbacks Height Parkin 100 Building X X X X X 200 Building X X X X 300 Building X X X X 400 Building X X X X 500 Building X X X X 700 Building X X X X X X 800 Building X X X X X Winter Building X The Winter Building, where the affordable housing is located, is only non -conforming in terms of a single setback, which was a construction error. All the other Alps buildings involve more extensive non -conformities, including density, unit sizes, height, and parking. One particular non -conformity in the 100 Building was raised as a potential issue by the neighboring Glory Hole Condominiums during the Planning and Zoning Commission hearings. The parking and vehicular access for the 100 Building are located on a combination of land owned in fee simple and within parking and access easements. There are a total of sixteen (16) parking spaces, one of which has historically been used by Glory Hole Condominiums under the terms of an unrecorded revocable Parking Agreement. If the agreement is revoked, the sixteenth parking space and a portion of the fifteenth space would revert to access easement use (as opposed to parking) for the benefit of the Alps. The proposed PUD would memorialize fifteen (15) parking spaces for the Alps 100 Building, which is the current number of spaces being used by that building. The applicant believes that even if the existing parking agreement with Glory Hole Condominiums is revoked, 15 spaces can be accommodated, either through re -striping or reconfiguration. Effect of PUD vs Non -Conformities: While it appears the City intended to include a PUD Overlay over the entire Aspen Alps property in 2001, that application was focused on the creation of the Winter Building and Parking Garage, and did not include dimensional information for any other building. This means that today, any changes to the existing buildings would be processed under the non -conformities section of the Land Use Code. The non -conformities chapter is triggered when an existing non- conforming building is partially or completely demolished (meaning 40% or more of the building is torn down). If a non -conforming building is remodeled or redeveloped after triggering demolition, it would need to meet today's code requirements for dimensions, unless it received Special Review approval from the Planning and Zoning Commission. Special Review allows non -conforming dimensions to be maintained if the P&Z finds that there are special circumstances necessitating the continuation of the non- conformity, and that literal enforcement of current dimensional requirements causes unnecessary hardship. Page 4 of 7 Aspen Alps PUD — Council I" Reading — 8.26.2013 Because each Alps building is non -conforming in terms of unit size and density, the Alps would likely request the ability to build back what exists today through Special Review to ensure all owners maintain their current property and investment. If owners were going to lose the ability to build back their unit to its current size, it is highly unlikely they would proceed with any upgrade or redevelopment. This has the result of the existing buildings remaining on -site as -is, but potentially being in danger of deferring maintenance to ensure demolition is not triggered. If a PUD is established for the Alps, it would allow the existing buildings to be built -back as -is without a land use review because it locks in the existing dimensions and building placement as conforming. If the Alps wanted to change any dimensional aspect or building location, a PUD amendment would be required. This option allows maintenance and upgrades, such as replacing roof or siding elements, to proceed at the Alps without a concern of triggering demolition and potentially losing the ability to build back what exists today. Approval of a PUD does not preclude any future development. Likewise, not approving the PUD does not preclude any future development. The PUD establishes a clear baseline that any future request can be judged against. With or without the PUD, any future changes at the Alps will require a land use review, either through the non -conformities review or the PUD review. STAFF COMMENTS: The project is required to comply with the PUD standards set forth in Chapter 26.445, the Subdivision standards set forth in Chapter 26.480, and the Rezoning standards set forth in Chapter 26.310. Overall, staff finds that the project meets the requirements set forth in the said Chapters. Staff believes there are important benefits to the City by proceeding through a PUD rather than relying on the non -conformities section. 1. The City will now have recorded, established baseline dimensions for each Alps unit and building. If an owner wanted to submit a building permit to upgrade their unit, the City review would be faster because the existing information is readily available through the recorded PUD documents. (This also means individual unit owners would not need to go through the time and expense of unit calculations for their permit.) 2. The existing utilities will now be located within written and recorded easements. Currently there are some utilities located outside their easements, making servicing difficult. The PUD requires all easements to be updated to ensure the utility lines are located within them. This will ensure the City and other districts can quickly service these lines if there are maintenance or upgrade needs. 3. Updated lot descriptions will be created. The existing lots were established before the city's subdivision regulations, so they are based on the original condominium documents and metes & bounds descriptions. This PUD/Subdivision would create new lot numbers and property descriptions, with creates more clarity moving forward. 4. Establishing a PUD supports the city's goals of maintaining and bolstering the lodging base by making the buildings conforming and allowing them to proceed with any needed maintenance and upgrades without a lengthy land use review. meaning some units exceed the maximum unit size and there are more units than would otherwise be allowed in the zone district Page 5 of 7 Aspen Alps PUD — Council 1 S` Reading — 8.26.2013 None of these benefits are realized without the PUD. Staff believes these benefits, in exchange for the existing conditions on the site, is a worthwhile tradeoff and meets all the applicable review criteria. Staff supports establishing one, consistent, PUD for the entire Aspen Alps project as it creates consistency and reliability within the project. The Alps has been developed in its current built form since the 1960s-70s, and formally memorializing the existing dimensions is consistent with the long standing use and dimensional characteristics of the area. In addition, because the lots were created prior to subdivision regulations, staff supports the subdivision request to formally subdivide the project rather than relying on the condominium language from the 1960s. The City Utility Department and Aspen Consolidated Sanitation District commented on the application, and support the proposed easement updates. Any future development will require flow testing and updated utility infrastructure may be required. The deed restrictions on the three (3) affordable housing units were never recorded, so the applicant is working with APCHA to update and record those. The existing fire access to the Alps does not comply with the Fire District regulations. However, no changes are proposed at this time because no new development is proposed. If new development or redevelopment occurs in the future, the Alps will be required to comply with all Fire District rules in place at the time, and Aspen Alps Road will need to be modified in a manner acceptable to the Fire District. Based on information available today, the right of way will need to be expanded, a turnaround to accommodate fire vehicles, and building sprinklers will be required. The City Engineering Department is concerned about runoff and mudflow on the site. Any new development or redevelopment will require compliance with all applicable regulations, including the City's Urban Runoff Management Plan, in place at the time of said development. Based on information available today, staff anticipates that, at a minimum, drainage conveyance for any redevelopment of Buildings 300 — 700 will need to be accommodated on Parcel 6 and as part of an updated Aspen Alps Road. Drainage easements will likely be required as part of any future redevelopment. Overall, staff finds that the proposed changes are consistent with the review criteria for Subdivision, PUD, and Rezoning. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission held two (2) hearings on this application, and ultimately voted 3:2 to recommend City Council deny the application. A copy of their minutes is attached as Exhibits H and I. A majority of members indicated in their comments that they were not necessarily concerned with memorializing the Alps existing improvements, but were concerned about the process. For the members voting to deny the applicant's request, many of their comments focused on a concern not of what was proposed today, but of what might be proposed in the future. Some members were concerned that adding a PUD overlay and memorializing the existing improvements might jeopardize the City's ability to review redevelopment in the future. They also felt a PUD was not the correct process to use. Others felt that the application should wait until the City processes code amendments it is currently contemplating regarding lodges and condominiums. Page 6 of 7 Aspen Alps PUD — Council Vt Reading — 8.26.2013 • • For members voting in favor of the applicant's request, their comments were focused on the fact that no new development is proposed as part of the current application and that any future change would be subject to City review and approval. They also focused on the benefits to the City, including ensuring utilities are located within recorded easements, as well as the benefits of memorializing the existing conditions for unit owners. Finally, they felt it was important to judge the application based on the code in place, not based on code amendments that may or may not happen in the future. RECOMMENDATION: Staff recommends approval of the project, with the following conditions: 1. The existing dimensions on a unit and project -wide basis are memorialized by this approval. Any changes to the building dimensions will require a PUD Amendment, pursuant to the Land Use Code in effect at the time. 2. All dimensions shall be documented in the Final PUD Documents. The applicant has not indicated exact heights as part of the land use application. These are required to be included as part of the Final PUD Documents. 3. Any future development is required to comply with all City rules and regulations in place at that time. 4. Updated deed restrictions shall be recorded for the three (3) affordable housing units prior to or simultaneously with the recordation of the Final PUD and Subdivision Documents. 5. All utility easements shall be updated to ensure the utility line is located within proper easements. a. Any water lines not located in a Right of Way shall require an easement. Twenty (20) foot easements are preferred, and required to the extent the existing development can accommodate them. b. All sewer lines shall be located within easements acceptable to the ACSD, including the main line located in Alps Road and all extensions into the property. PROPOSED MOTION: "I move to approve Ordinance #34, Series 2013, approving a PUD Amendment, PUD review, Rezoning, and Subdivision for the Aspen Alps that memorializes the existing development." Attachments: Exhibit A — PUD Review Criteria, Staff Findings Exhibit B — Subdivision Review Criteria, Staff Findings Exhibit C — Rezoning Review Criteria, Staff Findings Exhibit D — DRC Comments Exhibit E — Dimensional Tables — existing dimensions and permitted dimensions in the Lodge zone Exhibit F.1 — Application Exhibit F.2 — Appendix Exhibit G — City Council minutes, August 27, 2001 Exhibit H — Planning and Zoning Commission minutes, June 11, 2013 Exhibit I — Planning and Zoning Commission draft minutes, August 6, 2013 Page 7 of 7 Aspen Alps PUD — Council I" Reading — 8.26.2013 ORDINANCE NO. 34, (SERIES OF 2013) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT, REZONING TO PUD, AND SUBDIVISION FOR THE PROPERTY LOCATED AT 700 UTE AVE (THE ASPEN ALPS CONDOMINIUMS), LEGALLY DESCRIBED IN EXHIBIT A TO THIS ORDINANCE. Parcel ID: 2 73 7-182-6 7-800 WHEREAS, the Community Development Department received an application from The Aspen Alps Condominiums Homeowners Association, represented by Sunny Vann of Vann Associates requesting a Planned Unit Development (PUD) Amendment, Subdivision, and Rezoning to memorialize the existing improvements at the Aspen Alps Condominiums and establish a single PUD for the entire project; and, WHEREAS, the property is zoned Lodge (L) with a Planned Unit Development (PUD) Overlay on Parcels 4 and 7 and portions of Parcels 3 and 6 ; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application; and, WHEREAS, during a duly noticed public hearing on June 11, 2013, continued to July 18, 2013, and August 6, 2013, the Planning and Zoning Commission approved Resolution No. 18, Series of 2013, by a three to two (3 — 2) vote, recommending City Council deny PUD, Subdivision, and Rezoning reviews; and, WHEREAS, on August 26, 2013 the Aspen City Council approved Ordinance No. 34, Series 2013, on First Reading by a to vote, approving with conditions PUD, Subdivision, and Rezoning reviews; and, WHEREAS, during a public hearing on September 9, 2013, the Aspen City Council approved Ordinance No. _, Series 2013, by a to vote, approving with conditions PUD, Subdivision, and Rezoning reviews; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Ordinance No 34, Series 2013 Page 1 of 6 Section 1: Approval Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, The City of Aspen City Council approves a PUD, Subdivision, and Rezoning for the Aspen Alps Condominiums, legally described in Exhibit A to this Ordinance. Section 2: Dimensions The existing dimensions on a unit and project -wide basis are memorialized by this approval. Any changes to the building dimensions will require a PUD Amendment, pursuant to the Land Use Code in effect at the time. All dimensions shall be documented in the Final PUD Documents. The applicant has not indicated exact heights as part of the land use application. These are required to be included as part of the Final PUD Documents. Approved dimensions are outlined in Exhibit B to this Ordinance. Section 3: Plat and Agreement The Applicant shall record a PUD/subdivision agreement and PUD/subdivision plat that meets the requirements of Land Use Code Chapter 26.480, Subdivision, within 180 days of this approval. Section 4: Affordable Housing Deed restrictions for the three (3) affordable housing units shall be recorded before or simultaneously with recordation of the Final PUD and Subdivision Documents. Section 5: Utilities All utility easements shall be updated to ensure the utility line is located within proper easements. Any water lines not located in a Right of Way shall require an easement. Twenty (20) foot easements are preferred, and required to the extent the existing development can accommodate them. All sewer lines shall be located within easements acceptable to the ACSD, including the main line located in Alps Road and all extensions into the property. Section 6: Code Compliance Any future development or redevelopment in the Aspen Alps PUD is required to comply with all rules and regulations in place at that time, including but not limited to fire, stormwater, building, water, sanitation, and trash requirements. Section 7: Material Representations All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 8• This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 9• If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Ordinance No 34, Series 2013 Page 2 of 6 Section 9: Vested Rights The development approvals granted herein shall be vested for a period of three (3) years from the date of issuance of the Development Order. No later than fourteen (14) days following the final approval of all requisite reviews necessary to obtain a Development Order as set forth in this ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 700 Ute Avenue (Aspen Alps)., City of Aspen, CO, by Ordinance No. _ Series of 2013, of the Aspen City Council. Section 10: A public hearing on this ordinance shall be held on the 9`h day of September, 2013, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the day of , 2013. ATTEST: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this day of , 2013. ATTEST: Kathryn S. Koch, City Clerk APPROVED AS TO FORM: James R. True, City Attorney Exhibit A: Legal Description of The Aspen Alps Condominiums Exhibit B: Approved Dimensions Steven Skadron, Mayor Steven Skadron, Mayor Ordinance No 34, Series 2013 Page 3 of 6 9 • Exhibit A: Aspen Alps Condominiums Legal Description Parcel 1: Building 100, Aspen Alps, according to the Condominium Declaration for Aspen Alps recorded December 11, 1963 in Book 205 at Page 145, as amended, and according to the Condominium Map recorded January 8, 1964 in Plat Book 2a at Page 308, County of Pitkin, State of Colorado; Parcel 2: Building 200, Aspen Alps West, according to the Condominium Declaration for Aspen Alps West recorded March 15, 1965 in Book 212 at Page 83, as amended, and according to the Condominium Map Recorded March 17, 1965 in Plat Book 3 at Page 26, Amendment No 1 Recorded February 25, 1992 in Plat Book 28 at Page 69, Second Supplemental Condominium Map Recorded July 26, 2002 in Plat Book 61 at Page 40, Third Supplemental Condominium Map Recorded October 12, 2010 in Plat Book 94 at Page 90, County of Pitkin, State of Colorado; Parcel 3: Building 300, 400, 500, Aspen Alps South Condominiums, according to the Condominium Declaration for Aspen Alps South Recorded December 1, 1965 in Book 217 at Page 189, and The First Supplement Recorded January 6, 1969 in Book 238 at Page 804, and according to The Condominium Map Recorded December 10, 1965 in Plat Book 3 at Page 54, and First Supplement Recorded December 10, 1969 in Plat Book 3 at Page 373, Second Supplement Recorded April 14, 2005 under Reception No. 508992, County of Pitkin, State of Colorado. Parcel includes a portion of Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6`h Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded in Plat Book 36 at Page 94); Parcel 4: Building 700, Aspen Alps South Condominiums, according to the Condominium Declaration for Aspen Alps South recorded December 1, 1965 in Book 217 at Page 189, and The First Supplement Recorded January 6, 1969 in Book 238 at Page 804, and according to the Condominium Map recorded December 10, 1965 in Plat Book 3 at Page 54, and First Supplement Recorded December 10, 1969 in Plat Book 3 at Page 373, Second Supplement recorded April 14, 2005 under Reception No. 508992, County of Pitkin, State of Colorado. Parcel includes a portion of Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6`h Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded at Plat Book 36 at Page 94); Parcel 5: Building 800, Aspen Alps North Condominiums, according to The Condominium Declaration For Aspen Alps North recorded January 31, 1973 in Book 271 at Page 967, and the Amendment recorded June 4, 1973 in Book 276 at Page 393, and Agreement to Amend Condominium Declaration for Aspen Alps North Condominiums recorded October 19, 1993 in Book 727 at Page 437, and Agreement to Amend Condominium Declaration for Aspen Alps North Condominiums recorded October 19, 1993 in Book 727 at Page 457, and according to The Condominium Map recorded January 31, 1973, in Plat Book 4 at Page 353, and First Supplemental Condominium Map recorded October 19, 1993 in Plat Book 32 at Page 87, and Second Supplemental Condominium Map recorded October 19, 1993 in Plat Book 32 at Page 88, County of Pitkin, State of Colorado; Parcel 6: Lot 2a, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat of the George P. Mitchell and H.A. Bornefield, Jr Property, according to The Plat Thereof recorded September 3, 1992 under Reception No. 348317, County of Pitkin, State of Colorado. Parcel includes Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6`h Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded in Plat Book 36 at Page 94); Ordinance No 34, Series 2013 Page 4 of 6 Parcel 7: Lot 2b, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat of the George P. Mitchell and H.A. Bornefield, Jr Property, according to The Plat Thereof recorded September 3, 1992 under Reception No. 348317, County of Pitkin, State of Colorado; and Parcel 8: A Tract of Land Situated in The West One -Half of The Northwest One -Quarter of Section 18, Township 10 South, Range 84 West of The 6`h P.M., County of Pitkin, State of Colorado, described as follows: Beginning At The Most Southwesterly Corner of That Tract of Land Shown On The Condominium Map of Aspen Alps North Recorded in Plat Book 4 At Page 353, From Whence Corner No. 9 of Aspen Townsite Bears North 10*06'00" East 239.97 Feet and North 39*57'22" West 403.50 Feet; Thence Along The Southerly Line of Said Tract of Land South 79*05'00" East 35.72 Feet; Thence South 20* 15'00" East 11.00 Feet; Thence South 03*30'00" East 12.50 Feet To Line 5-6 of The M&Y Lode, United States Mineral Survey No. 3921; Thence Along Line 5-6 of Said M&Y Lode South 44*59'00" West 67.87 Feet To Line 3-4 of The Millionaire Lode, United States Mineral Survey No. 3620a; Thence Along Line 3-4 of Said Millionaire Lode North 04*30'00" East 55.20 Feet To Corner No. 4 of Said Millionaire Lode; Thence North 10*06'00" East 22.97 Feet To The Point of Beginning. Ordinance No 34, Series 2013 Page 5 of 6 Exhibit B: Approved Dimensions Unit Size (sq building # / Parcel Size ft net livable Floor parcel common (Gross Current Height* as depicted Area Setbacks (feet) Parking # name Area) #Units on recorded (sq ft) Spaces PUD Plans) Front — 4 100 .612 acres; East Side —11.5 14 off - 1 Building 26,668 sf 16 2 story 1 133-1 515 21,559 West Side —18 site Rear — 20 200 Building, 10 2 story 1,213-1,537 Front —13 2 Structure A .761 acres; 24,100 North Side — 23.5 27 200 33,163 sf South Side —16 Building, 6 3 story 1,345-2,421 Rear —13 Structure B Front —19.5 300 7 1,122-2,255 South Side —19 Building Rear —22 8 off- Front — 7.5 .971 acres site (on 3400 Building 42,286 sf 7 4 story 1,130-2,265 34,604 Rear — 9.5 Parcel 6) Front —14 500 g 408-1,844 North Side — 7 Building Rear —9 Front — 8.5 12 off- .312 acres; North Side — 4.5 site (on 4700 Building 13,612 sf 10 3 story 1,475-2,973 22,789 South Side — 5.5 Parcel Rear —13 6) 800 Building - 1 3 story 2,992 Structure A Front — 55 800 5 Building - .514 acres; 4 4 story 1,695-1,876 18,866 East Side —13.5 6 Structure B 22,393 sf West Side —11.5 Rear-4 800 Building - 4 4 story 1,606-1,989 Structure C 6 Vacant Land 3.402 acres; N/A 148,182 sf Winter Front —17.5 Building .122 acres; East Side —14.5 7 (Parking, 35,314 sf 3 2 story 775-854 NLA 6,289 West Side — 20 69 Affordable Rear —10 Housing) 8 Vacant Land .049 acres; N/A 2,126 sf *Exact Height for each building and parcel shall be recorded as part of the Final PUD Documents. Ordinance No 34, Series 2013 Page 6 of 6 0 • Exhibit A — PUD Review Criteria 26.445.050. Review standards: conceptual, final, consolidated and minor PUD. A development application for conceptual, final, consolidated, conceptual and final or minor PUD shall comply with the following standards and requirements. Due to the limited issues associated with conceptual reviews and properties eligible for minor PUD review, certain standards shall not be applied as noted. The burden shall rest upon an applicant to show the reasonableness of the development application and its conformity to the standards and procedures of this Chapter and this Title. A. General requirements. 1. The proposed development shall be compatible with the mix of development in the immediate vicinity of the parcel in terms of density, height, bulk, and architecture, as well as with any applicable adopted regulatory master plan. Staff Finding: No new development or redevelopment is proposed as a part of this application. The purpose of the PUD is to fully memorialize the existing Alps improvements, which includes 7 buildings on S parcels, three (3) affordable housing units and a parking garage located on Parcel 7, and various parking and road improvements All told, there are 8 parcels in the Alps (6 that include improvements, and 2 vacant parcels). The main Alps buildings range in height from 2 stories to 4 stories. Staff finds this criterion to be met. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Staff Finding: No new development or redevelopment is proposed as a part of this application. The existing development is in character with the surrounding uses, consisting mostly of multi family residential complexes and hotels. Staff finds this criterion to be met. 3. The proposed development shall not adversely affect the future development of the surrounding area. Staff Finding: No new development or redevelopment is proposed as a part of this application. The site currently has utilities that are not located in their respective easements. This is proposed to be rectified in this application by establishing new easements that correspond with existing utilities. The Water Department and Sanitation District have indicated that the applicant may be interested in upgrading those utilities, but that is it not needed at this time as they are sufficient to serve the area. Staff finds this criterion to be met. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS or GMQS allotments are available to accommodate the proposed development and will be considered prior to or in combination with, final PUD development plan review. Staff Finding: Since no new development or redevelopment is proposed as part of this application, there are not GMQS allotments required. There are three existing affordable housing units on Parcel 7 that were never deed -restricted as required. The applicant is 8.26.2013 Aspen Alps City Council 1st Reading — Exhibit A, PUD Review Criteria Page 1 of 9 0 O aware of this and is currently working with APCHA to deed -restrict the units. Staff finds this criterion to be met. B. Establishment of dimensional requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying Zone District shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. Staff Finding: The PUD development plans establish dimensional requirements for all properties in a PUD. The existing dimensional requirements the applicant would like to memorialize are listed below: Parcel Parcel Parcel Parcel Parcel Parcel? Lot Size 26,668 sq. ft. 33,163 sq. ft. 42,286 sq. ft. 13,612 sq. ft. 22,939 sq. ft. 35,314 sq. ft. Density 16 units 16 units 22 units 10 units 9 units 3 units Floor Area 21,559 sq. ft. 24,100 sq. ft. 34,604 sq. ft. 22,789 sq. ft. 18,866 sq. ft. 6,289 sq. ft. Maximum 1,515 NLA 2,421 NLA 2,265 NLA 2,973 NLA 2,992 NLA 854 NLA Unit Size 300 bldg. — 19.5 ft. Front 4 ft. 13 ft. 400 bldg. — 8.5 ft 55 ft. 17.5 ft. Setback 7.5 ft. 500 bldg. — 14 ft. 300 bldg. — 19 ft. Side East- 11.5 ft. North-23.5 ft. 400 bldg. — North-4.5 ft. East-13.5 ft. 14.5 ft. Setbacks West-18 ft. South-16 ft. none South-5.5 ft. West-11.5 ft. 20 ft. 500 bldg. — 7 ft. 300 bldg. — 22 ft. Rear 20 ft. 13 ft. 4400fbldg. — 13 it. 4 ft. 10 ft. Setback 500 bldg. — 9 ft. To be To be To be To be To be To be documented documented documented documented documented documented Height during during during during during during recordation recordation recordation recordation recordation recordation Parking 15 off -site 27 (20 off- site) 8 off -site 12 off -site 6 69 8.26.2013 Aspen Alps City Council 1" Reading — Exhibit A, PUD Review Criteria Page 2 of 9 • The proposed dimensional requirements shall comply with the following: 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of and compatibility with, existing and expected future land uses in the surrounding area. b) Natural or man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking and historical resources. Staff Finding: The applicant only intends to memorialize the existing development dimensions. No existing features of the property will be changed as part of this application. If the applicant wishes to make any changes or propose new development in the future, a PUD Amendment and review will be required. Staff finds this criterion to be met. 2. The proposed dimensional requirements permit a scale, massing and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding: The existing open space and site coverage will not be changed as part of this application. Stafffands this criterion to be met. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any nonresidential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the City. Staff Finding: No existing parking spaces are to be removed and no new parking spaces are proposed as part of this application. The existing parking for the Alps is accommodated in a variety of ways, depending on the parcel. These are outlined in the Table below: 8.26.2013 Aspen Alps City Council 1" Reading — Exhibit A, PUD Review Criteria Page 3 of 9 Parcel Parcel Parcel Parcel Parcel Parcel Winter building # / Building common 100 Building 200 Building 500 700 Building 800 Building (Parking, Buildings Builngs name Affordable Housing) # Units 16 16 22 10 9 3 Original St & From From Ute Ave via Aspen Alps Ute Ave via Access Original St From Spring St Road Aspen Ute Ave Mountain Road # Parking 15 off -site 27 (20 off -site) 8 off -site 12 off -site 6 69 Spaces portion of provided on parking area Sky Hotel encroaches onto property 777 Ute Condos pursuant to property 1976 through Easement exclusive 69 spaces on - Form of Agreement easement for 8 spaces on 6 spaces on- site (general Parking and on parking - 20 Parcel 6 Parcel 6 (with site parking for Glory Hole spaces; easement) project) Condominiu 7 spaces ms pursuant partially on Ute to 1987 Ave ROW agreement - (needs 15 spaces encroachment license) The existing parking scenario appears to work for the Alps. Any new development, and its associated parking requirements, would be reviewed if and when an application is made. Stafffrnds this criterion to be met. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal and road maintenance to the proposed development. 8.26.2013 Aspen Alps City Council 1" Reading — Exhibit A, PUD Review Criteria Page 4 of 9 • Staff Finding: The Alps were developed in the early -mid 1960s, and were the first condominiums in the state of Colorado. They were developed before modern subdivision or zoning standards. Initially 77 units were developed. Over the years, 8 units were combined in various combinations, and 3 affordable housing units were added to parcel 7creating an existing total unit count of 76 units. The result is that the existing density is higher than that currently allowed by underlying zoning. Code currently would allow 38 units. The applicant does not propose to reduce the maximum allowable density. Stafffinds this criterion to be met. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mudflow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. Staff Finding: As stated above, the existing density is already higher than that currently allowed by underlying zoning and the applicant does not intend to reduce the maximum allowable density. Stafffinds this criterion to be met. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more adopted goals of the community as expressed in an applicable adopted regulatory master plan. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in Subparagraphs 4 and 5, above, those areas can be avoided or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with and complimentary to, the surrounding existing and expected development pattern, land uses and characteristics. Notes: a) Lot sizes for individual lots within a PUD may be established at a higher or lower rate than specified in the underlying Zone District as long as, on average, the entire PUD conforms to the maximum density provisions of the respective Zone District or as otherwise established as the maximum allowable density pursuant to a final PUD Development Plan. 8.26.2013 Aspen Alps City Council 1" Reading — Exhibit A, PUD Review Criteria Page 5 of 9 • b) The approved dimensional requirements for all lots within the PUD are required to be reflected in the final PUD development plans. Staff Finding: The existing density is already higher than that currently allowed by underlying zoning. There have been no issues with the existing density. Staff finds this criterion to be met. C. Site design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past or contribute to the identity of the town are preserved or enhanced in an appropriate manner. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate and provide visual interest and engagement of vehicular and pedestrian movement. Staff Finding: Since no new development or redevelopment is proposed as part of this application, all existing site features will be preserved. Stafffinds this criterion to be met. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Staff Finding: No changes are proposed at this time, as no new development is proposed. South Alps Road can be modified to an 18 foot road if all buildings are sprinklered upon redevelopment and an adequate turnaround is provided. The applicant will provide an explanation of the existing trash and recycling access and service areas for the record. Staff finds this criterion to be met. 5. Adequate pedestrian and handicapped access is provided. Staff Finding: Since no new development or redevelopment is proposed as part of this application, the existing accesses will remain. Any new development will trigger accessibility and energy code requirements. Staff finds this criterion to be met. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Staff Finding: Since no new development or redevelopment is proposed as part of this application, the existing drainage situation will remain. Any new development will trigger the need for a complete drainage plan consistent with the City of Aspen's Urban Runoff Management Plan. In addition, because of the site's location a mudflow assessment will be required if any new development is proposed. Staff finds this criterion to be met. 7. For nonresidential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. 8.26.2013 Aspen Alps City Council 15` Reading — Exhibit A, PUD Review Criteria Page 6 of 9 Staff Finding: Since no new development or redevelopment is proposed as part of this application, all existing site features will be preserved. Staff finds this criterion to be met. D. Landscape plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the City, with surrounding parcels and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well -designated treatment of exterior spaces, preserves existing significant vegetation and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding: Since no new development or redevelopment is proposed as part of this application, all existing landscape features will be preserved. Staff finds this criterion to be met. E. Architectural character. 1. Be compatible with or enhance the visual character of the City, appropriately relate to existing and proposed architecture of the property, represent a character suitable for and indicative of the intended use and respect the scale and massing of nearby historical and cultural resources. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade and vegetation and by use of non- or less -intensive mechanical systems. 3. Accommodate the storage and shedding of snow, ice and water in a safe and appropriate manner that does not require significant maintenance. 4. Emphasize quality construction and design characteristics, such as exterior materials, weathering, snow shedding and storage, and energy efficiency. Staff Finding: Since no new development or redevelopment is proposed as part of this application, the existing buildings will remain. Any new development will trigger accessibility and energy code requirements and will be required to meet all applicable design standards. Staff finds this criterion to be met. F. Lighting. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both Public Safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures and access ways is proposed in an appropriate manner. 2. All exterior lighting shall in compliance with the outdoor lighting standards unless otherwise approved and noted in the final PUD documents. Up -lighting of site features, buildings, landscape elements and lighting to call inordinate attention to the property is prohibited for residential development. 8.26.2013 Aspen Alps City Council 1" Reading — Exhibit A, PUD Review Criteria Page 7 of 9 Staff Finding: Since no new development or redevelopment is proposed as part of this application, all existing lighting will remain. Any new development will be required to comply with all lighting codes. Staff finds this criterion to be met. G. Common park, open space or recreation area. If the proposed development includes a common park, open space or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location and design of the common park, open space or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas and shared facilities together with a deed restriction against future residential, commercial or industrial development. Staff Finding: Since no new development or redevelopment is proposed as part of this application, all existing common spaces will be preserved. Future development will require compliance with all Parks standards, including tree protection standards. Staff finds this criterion to be met. H. Utilities and public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding: There are current utilities that do not lie within access easements. The applicant intends to update all easements to contain the existing utilities. The existing utilities will not be modified unless redevelopment occurs or replacement is necessary. The applicant intends to contact any property owners necessary to obtain the required easements. Staff finds this criterion to be met. I. Access and circulation. (Only standards 1 & 2 apply to minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 8.26.2013 Aspen Alps City Council Vt Reading — Exhibit A, PUD Review Criteria Page 8 of 9 1. Each lot, structure or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way or other area dedicated to public or private use. 2. The proposed development, vehicular access points and parking arrangement do not create traffic congestion on the roads surrounding the proposed development or such surrounding roads are proposed to be improved to accommodate the development. 3. Areas of historic pedestrian or recreational trail use, improvements of or connections to, the bicycle and pedestrian trail system and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. 4. The recommendations of adopted specific regulatory master plans, as applicable, regarding recreational trails, pedestrian and bicycle paths and transportation are proposed to be implemented in an appropriate manner. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. 6. Security gates, guard posts or other entryway expressions for the PUD or for lots within the PUD, are minimized to the extent practical. Staff Finding: Adequate access exists for all structures within the PUD. The existing access points and parking arrangements have not created issues. There are no new proposed roads, drives or trails. Aspen Alps Road will be required to be upgraded, per Fire District comments and standards, should any new development be proposed in the future. Staff finds this criterion to be met. J. Phasing of development plan. (does not apply to conceptual PUD applications) The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees -in -lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding: No phasing is proposed at this time. Staff finds this criterion is not applicable. 8.26.2013 Aspen Alps City Council 1" Reading — Exhibit A, PUD Review Criteria Page 9 of 9 • • Exhibit B — Subdivision Review Criteria 26.480.050. Review standards. A development application for subdivision review shall comply with the following standards and requirements: A. General requirements. 1. The proposed subdivision shall be compatible with the mix of development in the immediate vicinity of the parcel in terms of density, height, bulk, architecture, landscaping and open space, as well as with any applicable adopted regulatory master plan. 2. The proposed subdivision shall be consistent with the character of existing land uses in the area. 3. The proposed subdivision shall not adversely affect the future development of surrounding areas. 4. The proposed subdivision shall be in compliance with all applicable requirements of this Title. Staff Finding: The applicant proposes to memorialize the existing parcels as subdivided lots to be recorded in a subdivision plat. The lots were legally established before the current subdivision regulations. No new subdivision of land is occurring, and the existing lots will remain the same, all conforming in size and width. Staff finds this criterion to be met. B. Suitability of land for subdivision. 1. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety or welfare of the residents in the proposed subdivision. 2. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Staff Finding: No new development or redevelopment is proposed as a part of this application. The existing development has not created issues regarding land suitability or spatial pattern. Any future development will be required to address slopes, drainage, and mudflow, in accordance with the Engineering Department's standards and requirements. Staff finds this criterion to be met. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with an applicable adopted regulatory plan, Title 28, the municipal code, the existing, neighboring development areas and/or the goals of the community. 8.26.2013 Aspen Alps City Council 15` Reading — Exhibit B, Subdivision Review Criteria Page 1 of 2 0 • 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. Staff Finding: The existing lots were legally established prior to the current regulations. The applicant is proposing to update and align the existing utility easements to 20 feet as required. Only new development will require flow testing and potential water line replacement. Stafffinds this criterion to be met. D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Section 26.470.070.5, Demolition or redevelopment of multi -family housing. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Finding: Since no new development or redevelopment is proposed as part of this application, no new affordable housing is required. There are 3 units on parcel 7 that were never deed -restricted as required. The applicant is currently working with APCHA to deed -restrict the units. Stafffinds this criterion to be met. E. School land dedication. Compliance with the School land dedication standards set forth at Chapter 26.620. Staff Finding: Since no new development or redevelopment is proposed as part of this application, School land dedication is not required. Stafffinds this criterion to be met. F. Growth management approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH-PUD) without first obtaining growth management approvals if the newly created parcel(s) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. Staff Finding: Since no new development or redevelopment is proposed as part of this application, Growth Management approval is not required. Stafffinds this criterion to be met. 8.26.2013 Aspen Alps City Council I" Reading — Exhibit B, Subdivision Review Criteria Page 2 of 2 0 0 Exhibit C — Rezoning Review Criteria 26.310.090. Rezoning - Standards of review. In reviewing an amendment to the Official Zone District Map, the City Council and the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding: The applicant proposes to memorialize the existing development. No new development is proposed at this time. A portion of the Aspen Alps site is zoned with a PUD overlay. Extending that PUD to the entire Alps site will ensure clarity and consistency within the project. Other similar PUDs are located in the area, including The Gant. Staff finds this criterion to be met. B. Whether and the extent to which the proposed amendment would result in demands on public facilities and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools and emergency medical facilities. Staff Finding: The Alps was developed in the 1960s and 1970s and is currently served by all utilities. No new development is proposed that would require new services. The applicant is proposing to update and align the existing utility easements. Only new development will require flow testing and potential water line or sewer line replacement. Aspen Alps Road does not meet Fire District standards, and will be required to be updated should any new development be proposed in the future. At this time, no changes are required. Staff finds this criterion to be met. C. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Staff Finding: No new development is proposed as part of this application, thus no new impacts to the natural environment will occur. Staff finds this criterion to be met. D. Whether the proposed amendment is consistent and compatible with the community character in the City and in harmony with the public interest and the intent of this Title. Staff Finding: The proposal is consistent with all requirements of the Land Use Code. Staff finds this criterion to be met. 8.26.2013 Aspen Alps City Council 1s' Reading — Exhibit C, Rezoning Review Criteria Page 1 of 1 r Exhibit D - Aspen Alps DRC Comments Planning/Zoning • By memorializing the existing conditions, any unit wanting to expand internally, add a sky light, enclose a deck, etc will require a PUD Amendment. If the owners want the ability to change items related to height, unit size, or floor area, that needs to be built into the PUD, otherwise it's not allowed. • The application indicates the exact heights will be recorded with the final documents. We prefer to know that information now, but can work with the information in the application. • The Alps will need to record the deed restrictions for the 3 affordable housing units in the Winter Building prior to or as part of the approval. The deed restriction must be acceptable to AHPCA. Parks Any future development will be required to comply with all Parks standards, including tree protection standards. Any trees to be removed on the site require a tree removal permit. No trails are planned for these properties at this time. Utilities Electric service is through Holy Cross, so the applicant should address any concerns/issues with them. Water is provided by the City. Any water lines not in a Right of Way require an easement. These should be 20 foot easements, as can be accommodated by the existing development. If any future development occurs on the site, flow testing will be required, and water line replacement will be needed. Sanitation Fire All sewer lines must be in easements acceptable to ACSD. Based on the information, this would include the main sewer line easement for the line coming up Alps Road and a small extension into the property, as shown in the application. In the future a couple of main line extensions into the property would help them by eliminating some of the long service lines that serve some of their existing buildings. We can comment in detail on future development with the new applications. Any new development or redevelopment will require compliance with Fire District rules and regulations. Aspen Alps Road can be modified to an 18 foot road if all buildings are sprinklered and an adequate turnaround is provided. Building • No comments at this time as no new development is proposed. 8.26.2013 Aspen Alps City Council 1s' Reading — Exhibit D, DRC Comments Page 1 of 2 • Any new development will trigger accessibility and energy codes. Environmental Health • Any new development or redevelopment will trigger compliance with the City's Trash and Recycling requirements • Please provide an explanation of existing trash and recycling access and service areas for the record. Engineering • Any future development will be required to comply with all Engineering requirements, including the URMP and the mudflow hazard area regulations. Staff is concerned there are no easements related to drainage throughout the project area. Easements will be required as part of any future development. Given the limited information available related to drainage, staff anticipates at a minimum conveyance will need to be accommodated on Parcel 6 and on Aspen Alps Road. Additional items that may be required as part of any future development proposal include: o All Engineering requirements applicable to the development must listed as part of any future development application, including but not limited to those requirements specified in the code, in the URMP and the design guidelines. o General note: The design for the site must meet the Urban Runoff Management Plan Requirements. Staff was not able to determine whether or not the site will meet these requirements. A full review will be completed upon any future proposed development, when there is enough information to review. o Section 1.3.2 "Development Review Committee" of the URMP states: "Prior to the DRC review process, applicants must submit a conceptual grading and drainage site plan to the Engineering Department for approval. For complete requirements, see the conceptual review submittal checklist in Appendix A." The checklist is attached. Considering the location of the project, the applicant should also prepare a mudflow assessment. The intent of the conceptual drainage plan and mudflow assessment is to ensure that adequate planning has been incorporated into the PUD for mitigation of runoff and mudflows. o A compliant conceptual drainage plan and mudflow assessment must be submitted and approved prior to finalizing approval of any future development. Parking • No comments. 8.26.2013 Aspen Alps City Council 152 Reading — Exhibit D, DRC Comments Page 2 of 2 Exhibit E, Allowed and Existing Dimensions Table 1: Allowed Dimensions in Lodge Zone District parcel building # / Parcel Size Unit Unit Size Floor Parking # common (Gross Area) Density Height (sq ft net Area (sq Setbacks Spaces name livable) ft) 1 100 Building .612 acres; 7 21,571 16 26,668 sf 2 200 Building .761 acres; 9 29,590 16 33,163 sf Front — 5 3 300 - 500 .971 acres; � 11 28 feet 1,500 35,501 Side — 5 22 Buildings 42,286 sf Rear — 5 4 700 Building .312 acres; 4 13,157 10 13,612 sf 5 800 Building .514 acres; 4 14,503 9 22,939 sf Front — 12 East Side — 7 Winter .122 acres; 3 28 feet 775 — 854 7,065 20 69 Building 35,314 sf West Side —15 Rear — 10 8.26.2013 Aspen Alps City Council 1" Reading — Exhibit E, Dimensional Information Page 1 of 3 Table 5: Existing Dimensions Unit Size building # Parcel (sq ft net Floor parcel /common Size Current t Height livable as Setbacks Parking # name (Gross # Units depicted on qea) s ft (feet) Spaces Area) recorded PUD Plans) Front — 4 612 East Side — 15 off- 1 1 Building acres; 16 2 story 1,133-1,515 21,559 11.5 site 26,668 sf West Side —18 Rear — 20 200 Building, 10 2 story 1,213-1,537 Front — 13 Structure North Side — 2 A .761 acres; 24,100 23 South Side — 27 200 Building, 33,163 sf 16 Structure 6 3 story 1,345-2,421 Rear — 13 B _ Front — 19.5 Oldin 7 1,122-2,255 Side — B g 19outh Rear — 22 8 off- 400 7 1,130-2,265 Front — 7.5 3 .971 acres; 4 story 34,604 site (on Parcel Building 42,286 sf Rear — 9.5 6) 500 Front — 14 Building 8 408-1,844 North Side — 7 Rear —9 Front — 8.5 North Side — 12 off- 700 .312 4.5 site (on 4 4 Building 10 3 story 1,475-2,973 22,789 South Side — Parcel 13,612 sf 5.5 6) Rear — 13 800 Building - 1 3 story 2,992 Front— 55 Structure East Side — .514 13.5 5 acres; 18,866 West Side — 6 800 Building - 22,393 sf 11.5 Structure 4 4 story 1,695-1,876 Rear — 4 B Exact height for each building and parcel shall be recorded as part of the Final PUD Documents. 8.26.2013 Aspen Alps City Council 1" Reading — Exhibit E, Dimensional Information Page 2 of 3 800 Building - 4 4 story 1,606-1,989 Structure C 3.402 6 Vacant acres; N/A Land 148,182 sf Front — 17.5 122 East Side — 7 Winter acres; 3 2 story 775-854 6,289 14.5 69 Building 35,314 sf NLA West Side — 20 Rear — 10 Vacant .049 8 Land acres; N/A 2,126 sf 8.26.2013 Aspen Alps City Council 15t Reading — Exhibit E, Dimensional Information Page 3 of 3 Exhibit G Regular Meeting Aspen City Council August 27, 2 1 dinance can have conditions regarding the shuttle service, bike e MayorNlanderud opened the public hearing. Fonda Pater n, Boomerang Lodge, commended Hills for b 'ng a good neighbor. Ms. aterson suggested Council conduct a site visit with story poles to see the ge 4-plex. Ms. Paterson asked the Co cil and applicant to consider moving his 4-plex to the west end of the ock. Ms. Paterson said the building on t east end of the block is'pro sed to be located right on the alley with large 'cture windows. Ms. Pat son said these may not be a good location for pictur windows on this bu alley. Ms. Paterson .said she has some suggestions on ow to manage a construction so that their guests will have a good vacatio experien . Ms. Paterson questioned restricting 3 on -site parking spac for e ployees; these employees may not have cars and if there is parking, it ld be used. The applicants agreed. Mayor Klanderud closed the publ 6 h Councilman Semrau comme ed the applic for not pushing too much development on this site. ouncilman Semrau id he feels this project is very doable. Councilm McCabe asked how the roposed 6 month lease will be handled. Haa oted the land use code allo an owner to use up to 6 months as long as a unit is available the other six nths for short-term rental. Haas said ey have not gotten any further into de ils. Councilman Paulson said h ants to make sure the tree replacement pr am is spelled out. Council an Semrau moved to adopt Ordinance #27, Series of 200 on secon reading deleting condition # 1 regarding leasing of the parkin on 4`a stre ; seconded by Councilman Hershey. Roll call vote; Councilmemb rs Cabe, yes; Paulson, yes; Semrau, yes; Hershey, yes; Mayor Klanderu , es. Motion carried. ORDINANCE #28, SERIES OF 2001 - Aspen Alps Rezoning/PUD Fred Jarman, community development department, told Council this is a request to redevelop lot 2B of the Aspen Alps, currently containing tennis courts. The proposed development would have a two level subgrade parking te�, garage, including a maintenance and laundry and 3 housing units, with 0 Regular Meeting 0 Aspen City Council • August 27, 2001 tennis courts on top. Jarman showed Council the surrounding land uses and their zoning and lot 2B zoned R-15/PUD, the subject of this application. This ordinance rezones the entire Alps property LTR (lodge/tourist residential). The Aspen Alps is zoned LTR, Conservation and R-15 PUD. In order to build a subgrade garage, this property needs to be rezoned. Jarman said rezoning to LTR would also allow the 3 employee units. The applicant requests a GMQS exemption for affordable housing for these 3 units as well as subdivision approval. Jarman told Council this ordinance modifies a previous Council approval regarding lot 2B. Jarman showed a rendering of the tennis courts and affordable units from Ute and from Ute Avenue south. Jarman told Council there will be a total of 69 spaces in the garage. There will not be interior circulation in the garage so there will have to be an entrance for each level. The housing authority recommends approval of the 3 employee units. This is a creative use of land, which provides employee units for the Aspen Alps in close proximity to the Alps and to the commercial core. Jarman said this is consistent with the Aspen Area Community Plan. Jarman noted the Aspen Alps does not have enough parking currently. Councilman McCabe asked if there is any radon on site and if so, is there a radon mitigation plan. Alan Richman, representing the Aspen Alps, told Council they have no issues with any of the conditions recommended by staff. Richman said the applicants have worked with the neighbors through P&Z. The applicants have been working on the project since 1998. The city's philosophy has been to address non -conforming status of lodges. Richman said the only reason for the request to rezone lot 2B is because of the 3 affordable units, which under the city's code is a multi -family use and multi -family use is not allowed in R-15. The other uses are allowed in R-15 as accessory to the Aspen Alps. Richman said the applicants want Council to feel confident they have control over what happens at the Alps in the future. Staff has recommended a PUD designation over the entire property, which will require review of any future development on the property. Richman noted that in 1992 Council imposed limitation on development on lots 2A and 2B. The Alps was developed in the 1960's and was not a phased plan. It was built one building at a time and because of lack of planning, there is no laundry facility, there is no WE Regular Meeting • Aspen City Council 0 August 27, 2001 maintenance facility, and there is not adequate parking. Richman noted the surrounding land was not given over to the Alps until 1992. At that time Council approval a subdivision to allow this land to be given to the Alps. Council was concerned about the addition of several acres of land to the Alps and they did not want it to be developed for more or larger units. The Alps agreed to a deed restriction on lots 2A and 2B that this land could not be used for additional floor area or additional units. Richman requested this condition be modified for lot 2B as the Alps is proposing 5 bedrooms and 6500 square feet of floor area. This condition will be kept on lot 2A. Richman said since the Aspen Alps is a condominium, many owners leave their cars on property. The proposed parking garage will be used more as a storage facility rather than have heavy daily use. Richman stated these employee units are not mitigation for development; they are units for the Alps' needs and will be deed restricted to category 3. Mayor Klanderud opened the public. hearing. Mary Gleason, adjacent property owner, said she realizes parking is needed and affordable housing is needed; however, their concern is that this area is a mine dump and a lot of excavating will be done. Ms. Gleason said they would like to be kept appraised of the nature of the materials, are they toxic, and is the mitigation plan sufficient. Jarman told Council he received an e- mail from a Gant condominium owner regarding the type of landscaping on top of this proposed structure. Mayor Klanderud closed the public hearing. Councilman Paulson asked about the conservation easement. Richman reiterated they are proposing no modifications to the restrictions on lot 2A. Matt Roberts, industrial hygienist, said his company focuses on health and safety to workers and to ambient air quality issues. Roberts said they have conducted evaluations of similar sites. The intent is to environmentally profile sites to understand the nature of the contaminants and then to develop a protective program for neighbors and for workers. Roberts said they will look into whether there is radon on this property or not. The housing is above grade, which makes radon a minimal issue. Semrau said after construction is when radon is addressed, usually through ventilation. There is no way to address it until construction. Pamela Cunningham, Aspen Alps 11 Regular Meeting* Aspen City Council • August 27, 2001 manager, told Council there have been radon tests around the project and there has not been a problem with radon yet. Richman pointed out conditions 7 and 8 in the ordinance, which focus on the concerns of lead and potential exposure to the neighbors. Richman said the recommendations from the environmental health department and the applicant are to make sure fugitive dust does not become a concern to the neighbors. Keeping the dust wet and suppressed is the right way to contain it. Condition #8 requires when soils tests are conducted to make city staff aware of the results and for staff to place additional requirements on the project, if necessary. Mayor Klanderud asked about the trees on site and the comment from the Gant owner that the Spruce trees along Ute avenue be replaced. Richman said he has met with the city's forester; some of the existing trees are very close to the excavation and will be difficult to save. If the trees cannot be saved, they will be replaced. The area along Ute Avenue is predominantly cottonwoods and Aspen, which Richman demonstrated with photographs. There are some spruce; however, this is not a spruce forest. The city's forester noted this forest has grown up on its own and he would like to see it recreated, if the trees come out, cottonwoods interspersed with ground cover, aspens and spruce. Richman said they do not want a line of spruce trees and they want light to get into the housing units. Councilman Hershey moved to adopt Ordinance #28, Series of 2001, on second reading; seconded by Councilman Semrau. Roll call vote; Councilmembers Paulson, yes; Hershey, yes; McCabe, yes; Semrau, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #32, SERIES OF 2001 - Supplemental Appropriations Mike Cain, budget director, told Council this ordinance approves carry forward in departmental budgets, the asset management carry forward projects, and departmental savings. Cain noted departments can retain 50% of the savings of money not spent in their budget. The other 50% is split 10% city manager central savings and 40% goes back into fund balance. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. 12 0 • lExhibit H Regular Meeting Planning & Zoning Commission June 11, 2013 Chairman U Erspamer called the meeting to order at 4:30 with Walterscheid, Goode, Weiss, Myrin, DeFrancia, Tygre, and Gibbs present. 1.'Weiss told the Commission he is going to attend a Council meeting and bring up the num of code amendqients recommended in the AACP; hopefully the new Council will pick up efforts fgrcocle amendments.'&�veral other board members said they would attend with Weiss. 2. Myrin thank staff for the community development department update. 1 sica Garrow told the Board at the work se ion June 25, they will be reviewing lodge policies and'Wing to get direction on amending the code or wb<king with outside organizations. Ms. Garro7ajZIshe will forward the Council packet and backgroun formation to P&Z. 3. Erspamer told the Board the i ode books are not up to da and the Board can get copies at the community development department or line at the clerk's p e. 4. Erspamer asked about review or com nting o project that is in front of HPC. Weiss suggested joint meetings on some projects. Myri referrals. MINUTES — May 21, 2013 The Board agreed to approve tliiese at the next meeting. d he would support working out a process for DECLARATIO F CONFLICT OF INTEREST Jim DeFr cia said he is working with the Aspen Alps and will recuse himself. Debbie Quinn, ssistant city a orney, noted the conflict of interest section states city officials may not appear on behal f an a licant in front of the board of which they are a member. -> 700 UTE AVENUE ASPEN ALPS PUD AMENDMENT AND SUBDIVISION Debbie Quinn, assistant city attorney, said the appropriate mailing and publication has been done. Jessica Garrow, community development department, told the Board there is no development proposed in this application; it is to memorialize the existing conditions of the Aspen Alps. Ms. Garrow said the request is for PUD, rezoning and subdivision. P&Z is the recommending body; Council is final approval. Ms. Garrow showed the property, which is 8 different parcels, 2 of which are vacant. Parcel 6 is a large parcel, originally part of the Moses lot split. The Winter building is where tennis courts, parking garage and affordable housing are located. The 777 Ute at the Aspen Alps was approved and built in 1992 and is not part of this application. Ms. Garrow pointed out the various Aspen Alps building and their location on the site; the 300, 400 and 500 buildings have access off the Aspen Alps road off Ute Avenue. • Regular Meeting Planning & Zoning Commission June 11, 2013 The Aspen Alps was developed from 1962 through 2002 and was the first condominium in Colorado before modern subdivision regulations. There are 73 residential multi -family units with the ability to short term; no units have housed a local working resident. There are 3 affordable housing units in the Winter building developed in 2002; the deed restriction was never filed and the applicant has committed to doing so as part of this application. There 16 offsite parking space for the 100 building on the Sky hotel property and all other parking is within the site. Ms. Garrow pointed out this property is zoned lodge with some of it having a PUD designation, the lack of total PUD designation may have been a staff error in 2001, and parcels 1 through 8 should have had a PUD designation so this application includes a rezoning in order to make it clear there is one PUD for the entire Aspen Alps property. Ms. Garrow said the utility easements will be updated; a new subdivision will be established to make the descriptions clearer. The proposal is to establish the existing dimensions as conforming; there are a lot of non -conformities on the site compared to what is permitted under the Lodge zone district, there are more units than would be allowed under the existing code. Any improvements after this application would be required to submit a new application; there is no ability to change configurations. Ms. Garrow told the Board there has been a long standing agreement with 525 South Original street for one of the parking spaces so the resolution should note there are 15 offsite parking spaces for the 100 building. Ms. Garrow stated staff finds this proposal complies with all criteria for PUD, subdivision and rezoning and staff recommends approval of the application. Weiss asked why the current floor area for building 2 is 24,100 square feet and the allowed dimension in the lodge zone district is 29,950 square feet and would not approving this allow 5,800 square feet of development. Ms. Garrow said this approval does not memorialize what would be allowed under existing code; it memorializes what exists today, building 2 will be 24,100 square feet. Ms. Tygre asked if the overall square footage on the site would allow additional development in a new building. Ms. Garrow said that would be a new land use application. Ms. Tygre asked if there is enough land available. Ms. Garrow said any development will come through a new land use process and on certain parcels there may be room for new buildings; staff did not calculate what could be built because that is not the application in front of P&Z. Ms. Garrow noted any PUD approval by P&Z locks in the dimensions by what is presented; this request will say what exists on the site today is what is allowed; any change from that would require land use review. Myrin asked about vested rights. Ms. Garrow said any project that goes through review gets a 3-year vested; however, there is no development proposed for this site; the dimensions are being established and stay in perpetuity until a future amendment. Weiss asked if the individual unit sizes are being locked in by this proposal. Ms. Garrow answered the P&Z resolution locks in the range for dimensions; the final PUD documents will include unit by unit showing how large each unit is. The site specific approval will make the buildings and units conforming. Ms. Garrow told the P&Z, the water supply is sufficient for the existing development but any new proposal would require upgrading the water lines to deal with capacity issues. Ms. Garrow noted locking the units and buildings in to what is existing clarifies what is there and what is allowed. Sunny Vann, representing the applicant, told the Boards they had to do surveys and title work on all the properties and boundaries and the application documents what is there today. Vann said some of the buildings at the Aspen Alps are almost 50 years old; some units have been remodeled. Vann stated the units at Aspen Alps were legally created but due to ensuing changes in the land use code, they are referred to as non -conforming structures. These are not a non -conforming use and are allowed to • Regular Meeting Planning & Zoning Commission June 11, 2013 continue. This approval will memorialize what is there today. Vann told the Board this is not a subdivided parcel and the applicants want to file a plat to memorialize the existing parcels, clean up the easements; a PUD document that states what the dimensional requirements are, the review processes necessary for any future improvements. Vann said memorializing what is there gives the applicant greater flexibility to deal with the older buildings and would make the building permit process simpler. Vann noted this is a depreciating asset and is a vital component of the community's lodging inventory. Myrin asked why go through this approval process in advance rather than waiting for an actual application. Vann said the master homeowner's association is trying to get in front of future issues. Vann pointed out the land use code has been amended to disincentivize residential uses in the lodge zone; heights and FAR have been lowered. The Aspen Alps was conforming when built and it could not be built today under the current regulations. This application is to find a way to facilitate retaining this part of the lodging market. Ms. Tygre said one purpose of a PUD is to cluster buildings on a site and this approval would not allow that. Vann said the existing buildings are pretty much in the location they would go and the ability to tear all down and move it around is fairly limited. There are too many owners to gain consensus on tearing all the buildings down and starting over. There are areas where development is prohibited; there are areas that using the land area to increase floor area is prohibited. Erspamer asked about the statement that the reduction for steep slopes shall not exceed 25% and is that a change from 20%. Vann stated in a PUD one is required to reduce the allowable lot area for FAR calculation for steep slopes at the maximum of 25%. Erspamer opened the public hearing. Susan Gaines, Aspen Alps resident, told the Board she does not rent her unit and she is concerned that the actual square footage of her unit is larger than is on record and if this is memorialized, it would not be good for her and the assessment for her unit is not accurate. Ms. Gaines asked P&Z not to approve this request. Vann told P&Z the applicants used the county recorded maps and field verified the figures; used the building permit plans to update the square footage. Vann said they were not able to verified Ms. Gaines unit and would be glad to rectify that. Vann noted floor area is different than gross area; things like stairwells do not count in floor area. Michael Marek, unit 113 Aspen Alps, told P&Z there are homeowners who are confused as to why this application was promulgated. Marek said no one has been polled about redevelopment and redevelopment is not an issue and questioned the money spent by the homeowner's board to come up with a PUD application without any development proposals. Joan Marek stated she does not understand the purpose of this PUD application; the questions P&Z is asking are the same that some of the homeowners have. Sarah Jane Morrell, unit 114, also questioned the purpose of P&Z approving the PUD without other benefit to the city. Ms. Garrow said part of the benefits for the city is getting utilities into proper easements. The information on what exists at the Aspen Alps and when owners come in, it is cost and time for the city staff and for owners to see if their proposal is allowed. Richard Auhll, Alps owner, told P&Z in 2012 Board of Managers received an 11 page document on 3 suggested proposals to redevelop the Aspen Alps so this proposal has caused concern with homeowners that a redevelopment will come in with after this step is approved. 3 • • Regular Meeting Planning & Zoning Commission June 11, 2013 Connie Harvey, Alps owner, told P&Z the owners, without a vote, were asked to send proxies to the Alps planning committee without understanding what the point is. Ms. Harvey said she does not feel this is a good idea. Paul Taddune told P&Z he is working with some of the homeowners and this appeared to be a routine application and a memorialization of what exists; however, there may be impacts on the homeowners, like a reduction in FAR. The homeowners should be given a chance to review this and see how it may affect each individual's circumstances. Erspamer closed the public hearing. Ms. Garrow reminded P&Z that the homeowner's associations are not part of this review and there are criteria in the packet related to PUD, rezoning and subdivision and the two, homeowner association issues and land use criteria, are separate. Ms. Garrow clarified if there is a non -purposeful destruction and a building needs to be redone, if the building is non -conforming, it can be rebuilt exactly as it was. If there is a purposeful destruction and the building is non -conforming, it has to be rebuilt complying with underlying zoning, except for density. One reason to do this PUD is to clarify exactly what exists on the site and will make the buildings conforming. Ms. Garrow said the Winter building was approved in 2001 and at that time staff requested the applicants apply a PUD to the property; however, because the way the ordinance was written, that was not accomplished and the PUD only covered part of the project. Applying a PUD to the entire parcel has been the intent for the last dozen years. Jennifer Phelan, community development department, said it is important for staff and for applicants to have a base line of what exists on a property and what would be permitted. The Aspen Alps has a partial PUD with unclear boundaries, buildings that may or may not meet the height limit. Weiss asked about combining units. Ms. Garrow said that would require a land use application and P&Z review, regardless of whether this PUD passes or not. Ms. Tygre said if this is approved, the Alps or homeowners could come in and process a land use application for more units or for another building. Ms. Garrow said at anytime the owners could request amending their dimensional requirements. Ms. Tygre said a concern to P&Z members is the future requests, not necessarily this PUD, and the dimensional limits can be overturned. Ms. Garrow reiterated these buildings were built according to the codes in place and they are legally established non -conforming buildings in terms of most of the dimensional requirements. P&Z has to look at the review criteria and determine if this request to memorialize what is there meets the criteria. Ms. Garrow reminded P&Z that the nature of PUDs is that they are site specific; this is a unique situation and probably no other property in Aspen is half covered by a PUD. The rezoning is to clarify what was intended 12 years ago. Ms. Garrow said most land use applications in front of P&Z are for new development, the applicants are asking to vary dimensions of a building that does -not exist. This application is for existing buildings; the default is today — what exists, regardless of whether there is a PUD. P&Z needs to evaluate this application based on the criteria in front of them. Ms. Garrow said if P&Z feels what is there now is inappropriate, does not fit with the neighborhood, does not fit the context of the area and if there were to be a totally new application, P&Z could say it has to comply with the underlying lodge district, that could be the recommendation. Weiss moved to extend the meeting until 7:30 to finish this item; seconded by Goode. All in favor, with the exception of Ms. Tygre. Motion carried. 4 Regular Meeting Planning & Zoning Commission June 11, 2013 Erspamer requested the minutes regarding the intent of the PUD approval for the Alps as referred to by staff. Weiss said P&Z cannot enforce or weigh in on homeowner's association rules. P&Z reviews how this application compares to the code. Myrin said he is not comfortable approving this application based on table 4 existing non -conformities as one of the criteria is that the dimensional requirements of the underlying zone district shall be used as a guide; according to that table, none of density or unit sizes or heights would fit the dimensional requirements of the code. The code requires P&Z to use the underlying zone district as a guide and this does not match the PUD. Weiss stated the request is to memorialize something that cannot be changed without further land use review. Walterscheid suggested leaving the property as is rather than speculate what might come back as a future land use application. Ms. Tygre agreed P&Z could establish what exists on the property without making it a PUD. There is a baseline and it does not need to be memorialized in the form of a PUD. Gibbs stated the new development issue is not germane to this application. Gibbs agreed with staff there are good reasons to apply this PUD and staff has pointed out in order to deal with the Alps property in the future, it needs to be regularized and put into one coherent parcel with known dimensions and standards. Walterscheid said he does not see the necessity to change what the dimensional requirements are. Goode said although he can see staff's reasons for this proposal he can also support the P&Z members who are questioning this approval. Vann said PUD is a complex section of the city's code and if the applicants were coming in with a new development resembling what exists on site, P&Z would be correct in saying this is so far out of bounds it would not meet the requirements of the PUD section. Vann reiterated the buildings can be torn down and replaced as they exist and new structures or buildings voluntarily torn down must meet the underlying zoning dimensional requirements. One can replace existing non -conformities subject to special review approval based on the criteria if it is appropriate in the location; if it is consistent with surrounding development. The Alps is a non -conforming structure which the applicants could propose to demolish, request special review approval to put it back the way it is and if the P&Z were not inclined to give special review approval, the buildings will stand the way they are. Vann stated the idea of this is to address an aging complex and if a majority of homeowners wanted to do some work, this would remove some of the impediments. Vann said one has to assume what exists on the property is effectively the zoning; what exists today could not be built under today's code. Vann said the purpose of this application was to facilitate the Alps' ability to upgrade, maintain, reconfigure, replace and modernize their properties. Vann said the first direction from the homeowners was "do no harm"; this application was to make things consistent. Tom Todd, representing the applicant, told Council there would probably be significant discussion at homeowners meetings before any plan is approved for submittal to the city. Todd said this application is a baseline and was spurred on by the city's lodging study and the finding that 2/3 of condominium owners at the Alps rent their units and how can upgrade of the units be encouraged. Myrin moved to approve Resolution #14, recommending City Council approve a PUD amendment, rezoning to PUD and subdivision for the property located at 700 Ute Avenue; seconded by Ms. Tygre. Myrin moved to amend, Ms. Tygre withdrew her second. Myrin moved to approve Resolution #14, recommending City Council approve a PUD amendment, rezoning to PUD and subdivision for the property located at 700 Ute Avenue that exhibit B is modified to include only the parking space column and the first two columns on the left; seconded by Ms. Tygre. Regular Meeting Planning & Zoning Commission June 11, 2013 Myrin said his purpose is to leave the dimension and underlying zoning to what exists at the time of an application. Debbie Quinn, assistant city attorney, noted no dimensions are being established by this motion. Vann stated a PUD approval with no underlying zoning does not work. Gibbs moved to continue to June 18; seconded by Walterscheid. All in favor with the exception of Weiss, motion carried. Gibbs moved to adjourn at 7:30; seconded by Goode. All in favor, motion carried. Kath Koch City Clerk IXI Regular Meeting 0 Planning & Zoning Commission • August 6, 2013 Exhibit I ASPEN ALPS PUD AMENDMENT Jessica Garrow, community development department, noted this is a continued public hearing for the applicant, Aspen Alps, requesting rezoning, PUD and subdivision review. Council is the final review authority with a recommendation from P&Z. Ms. Garrow said this project should be renumbered as Resolution #18. At the previous meeting, staff outlined the project request, which is to memorialize the existing development by a PUD overlay. There are existing legally established non -conformities, which the applicant is requesting be memorialized. Ms. Garrow reminded P&Z there were many questions on how the non -conforming chapter works, how it relates to this project and the effect of establishing a PUD for this property. Ms. Garrow pointed out in the non -conformity chapter there are two ways a non -conforming structure can be rebuilt. To be considered a legally established non -conformity, the building has to have been built under the code in place at the time. When the zoning changes over time, buildings built legally at the time are now non -conforming, this is the situation of the Alps. A non -conforming structure can be rebuilt through non -purposeful destruction, acts of God or acts of nature. Another way a non- conforming structure can be rebuilt is related to purposeful destruction when a building owner tears the building down and they can rebuild by complying with the existing code or they can go through special review process with P&Z. The latter is when a building owner wants to retain any parts of the non- conformity, like building over the adopted height limit. There are two non -conformities at the Aspen Alps that make this difficult. The first is unit size and the second is unit count. According to the non -conformity chapter, if one demolishes their building, they have one year to rebuild it to maintain the density and unit count. If it is not rebuilt within one year, a property owner has to get special permission to maintain the unit count. There is not the same provision for unit size. Ms. Garrow told P&Z at the Alps every building is over the code in terms of unit size. If the Alps were to come through the non -conformities chapter of the code, they would request the ability to build back the exact unit count and unit size in order not to create winners and losers in a redevelopment, where some owners might lose 700 square feet because they are a non -conformity in terms of unit size. Ms. Garrow said if the Alps does not receive approval to rebuild the same unit count and unit sizes, they will not go through with redevelopment. Ms. Garrow said going through the PUD or the non -conformity section of the code creates the same situation — what is there today is the baseline of what can happen with the parcel. The PUD would lock in and state the dimensions for each unit and for each building. If one of the buildings wanted to change parking, to expand, to increase setback, they would be subject to a full PUD process. Establishing a PUD does give some benefits to the city by establishing recorded dimensions for each of the units. When a property owner wants to remodel, they have to do floor area calculations and adopting a PUD would eliminate that work and that cost. Another benefit is that most of the utilities on the site are not located within easements or in sub -standard size easements. Going through the PUD process, the Alps will establish properly sized and located easements for the utilities. As part of the PUD process, updated lot descriptions will be created and will establish a clear legal description. Ms. Garrow noted adopting a PUD would provide some protection for the property owners to know what they have is legal and can be rebuilt rather than having to go through a discretionary process with an unknown outcome. Ms. Garrow reminded P&Z the parking for building 100 was discussed at the last Exhibit I, P&Z draft minutes 8.6.2013 1 Regular Meeting 0 Planning & Zoning Commission • August 6, 2013 meeting and the application stated there were 16 parking spaces for building 100; one of those spaces is on the Glory Hole condominium property. The attorney for Glory Hole states it is 1.5 spaces; the applicant is working with Glory Hole on an easement to continue use of the 15`h spot. Staff recommends approving this request. Gibbs asked if there is a difference in how the common areas of the Alps parcel would be treated. Ms. Garrow said the non -conformity deals with the structure and the PUD is locking in building size. Ms. Garrow said the common areas at the Alps are governed through the master declaration, which would continue whether this is a PUD or not. Ms. Tygre asked whether the building measurements would be memorialized whether this is a PUD or not. Ms. Garrow said PUDs requires floor and site plans to be recorded and without that requirement, there is no need for the applicant to record these as an official document nor would it be recognized by the city. Ms. Garrow pointed out the Council ordinance and minutes regarding the Winter building have been included in the packet. Ms. Garrow said staff feels the intent was to put a PUD on the entire property but that is not way the ordinance is written nor is it clear in the minutes. Myrin asked if it would make more sense to adopt a general code amendment for projects within the city rather than adopting this rezoning for the Aspen Alps. Ms. Garrow said that is part of the lodge proposals and any code amendment related to that will not be before P&Z until next year. Ms. Garrow stated Council may not want to determine that every short term rental building is conforming. Myrin asked if there is another way to establish dimensions without using the PUD. Ms. Garrow said the only way to vary dimensions is through a PUD process or a specific redevelopment through special review. Jim DeFrancia, representing the applicant, pointed out there is no specific development proposal. The purpose of this request is to memorialize the existing Alps improvements in a regulatory way. DeFrancia stated the PUD would create a consistency and reliability within the property and clean up issues like utility easements, what is private and what is public, ownership of the South Alps road and would give the city a better point from which to address any development applications. DeFrancia said infrastructure issues, like easements, mud flows, roads, need to be addressed within the entire Alps property and those issues would be identified in a PUD agreement. DeFrancia reiterated the only point of this application is to bring the property into regulatory context so the property owners can consider what they need to do on some of the older buildings. Sunny Vann, representing the applicant, told P&Z this application was referred to all referral agencies and the water and fire departments indicate some of the lines are inadequate to meet modern fire codes and to allow any redevelopment. Vann said the PUD would contain conditions requiring the Alps to comply with the city's new drainage requirements. Vann said City Council is concerned about retaining short term accommodations, especially older condominiums and how to facilitate replacement and upgrading of these facilities. Vann noted the lodge zoning permits multi -family and lodges and in the past decades mostly multi -family has been built. To address the concern of declining bed base, Council down zoned the lodge district regarding multi -family and cut the floor area ratio in half, which made many properties non -conforming. Part of the current discussion is a realization that existing multi -family is important to the lodging inventory and it should be maintained to benefit the tourist base. Vann said with a PUD, the applicants have the certainty of knowing the properties can be retained, upgraded and the Alps will remain an important asset of short term accommodations. DeFrancia said applying the PUD is not meant to be an endorsement of higher density or heights; this is to address buildings that were built legally. DeFrancia said an alternative is to address individual applications for special review through the non -conforming code, which is not in either the owner's or Exhibit I, P&Z draft minutes 8.6.2013 2 Regular Meeting 0Planniniz & Zonine Commission • August 6, 2013 the city's best interests. Vann said these individual special review applications have both uncertainty and costs and does not address issues for the entire complex or for the city. Myrin asked about a commitment to short term rentals as part of this application. DeFrancia said that is not the purpose of this PUD application. DeFrancia told the Commission that 50 to 65% of the units are in the short term rental pool and that probably will not change. Ms. Garrow said when a PUD is established, all dimensional requirements are established and if a PUD is adopted for the Alps, it will be conforming no matter what changes are adopted with the lodging program. Tom Todd, attorney, told the P&Z adding their resolution or Council ordinances to chain of title would not trigger a call of mortgage loans; these would be looked at as enhancing the value of the collateral as making regulations more clear. Vann said the fire department commented they would like appropriate turn arounds at the culminations of the roads within the Alps as part of redevelopment. Vann pointed out other infrastructure the applicant would have to address would be adequacy of water lines for fire protection purposes; adequacy of the roads for the fire trucks; and drainage. These issues are a benefit to the city and an encumbrance to the Alps. Erspamer asked about the deed restricted housing units. Todd said the Board approved the deed restriction and these will be presented to the housing office for approval. Myrin asked if this request could result in the units being rebuilt exactly as they are. Vann said the plan is to record elevations, floor plans and dimensional requirements. Currently small changes, like windows or doors, can be approved administratively. Larger changes would have to go through P&Z for a PUD amendment. Ms. Garrow pointed out the recommendation from the water department is for 20' easements, which is their standard requirement. The water department recognizes there are constraints on this property and they can accept less in some circumstances. Erspamer opened the public comment. Jeanne Doremus, attorney for Glory Hole condominium association, reaffirmed there are 1.5 parking spaces on their property and they are working with the Alps to resolve that. Susan Gaines said the square footage in her unit has not been ratified. Ms. Gaines said since this has come up 25% of the Alps owners have put their units for sale as they are concerned about this application. Ms. Gaines told P&Z she lives at the Alps full time; she is not covered by insurance for landslides or unstable soil conditions. Ms. Gaines said this property is on a hill and there are a lot of unknowns. John Corcoran, general manager Aspen Alps, told P&Z that 25% of the units have not been put on the market and no Board members have put their units up for sale; there are about 8 units for sale. Peter Carmen, Board member, said a number of owners have expressed concerns about this process and some of them ran for the Board. The incumbents were mostly re-elected by the Alps owners. Larry Abramson, Alps owners, stated there is a communication problems between owners and the Board and perhaps this application will make the communication better. Abramson said one of the biggest problems is this application and lack of information by the owners. Erspamer closed public comments. Myrin stated he is not comfortable with an application based on the number of non -conformities. Myrin said if this is a direction the community wants to take, it should be a code amendment, which he could support as opposed to this process. Ms. Tygre said she would like the Alps to be able to maintain its structures and to do improvements. Ms. Tygre said she supports the memo rialization, however, has issues with the process — this is not a PUD, it was built before PUDs existed. Ms. Tygre said calling Exhibit I, P&Z draft minutes 8.6.2013 3 Regular Meeting • Planning & Zoning Commission 0 August 6, 2013 something a PUD after the fact seems to be a bad use of the PUD process. Previous PUD applications have been in conjunction with proposed developments not to memorialize an existing development; there is no provision in the code for a "reverse PUD". Contorting a process to fit an individual need creates problems. Gibbs pointed out there is already a PUD designation on a portion of the Alps and the intent was to make the entire parcel a PUD. Gibbs stated he supports this application; staff has explained the rationale and the benefits, consistent with the code. Gibbs said he does not see the negative impacts of approving this application. Weiss said there is a conflict between the Board and the Alps owners; however, that is not under the P&Z's purview. Weiss said he does not have a problem with this application. Erspamer agreed this application will probably better the process; however, there are some concerns. The first is the outreach process; the application instructs applicants to conduct outreach, which should include one's homeowners. Second, the city will draft a new code on lodging; no one knows what that code will entail and Erspamer said he is reluctant to approve an amendment that might be addressed by the code amendment. Erspamer stated he would prefer to wait to see the lodging code amendment. Weiss told the commission he attended the lodging incentive work session and it will probably not be major amendments, especially regarding condominiums. Myrin agreed with he would like to see what code amendments will come out of the lodging incentive. Gibbs stated basing decision on future code possibilities is an abuse of P&Z's discretion. Gibbs said the Commission should look at the application, look at what the code says and make a decision based on that. The application was submitted in good faith, under the existing code, and the Commission should make a decision. Myrin pointed out the chart in the packet illustrates that this does not meet any of the current code and he cannot support applications under the existing code that are non -conforming. Myrin said before adopting a PUD to vary these requirements, there should be things like a transportation study and a site visit. Vann reminded P&Z the Alps went through the process to build the Winter building under existing zoning. Vann said portions of the Alps were zoned conservation, R-15 and lodge through zone designations after the Alps was built. City staff said they could recommend approval of the Winter building with a PUD and rezoning to lodge so that the Alps is no longer a non -conforming use and as a quid pro quo to put a PUD over the entire parcel so the city could review an application on a global basis. Vann said the ordinance that approved the Winter building is unclear regarding the parcel descriptions and staff recommended redoing the PUD overlay as there are no documents of record. DeFrancia reiterated the core issue is cleaning up the property from a partial PUD to a total PUD with a PUD agreement, and identifying constraints and make it easier for the Alps addressing their future needs. Ms. Tygre moved to approve Resolution #18, Series 2013, recommending City Council approve a PUD amendment, PUD review, rezoning and subdivision for the Aspen Alps that memorializes the existing development; seconded by Gibbs. Myrin reiterated he is opposed to this as table 4 indicates this project does not meet current code. Weiss, yes; Myrin, no; Ms. Tygre, no; Gibbs, yes; Erspamer, no. Motion NOT carried. Myrin moved to recommend to City Council to deny the application; seconded by Ms. Tygre. Weiss, no; Myrin, yes; Ms. Tygre, yes; Gibbs, no; Erspamer, yes. Exhibit I, P&Z draft minutes 8.6.2013 4 • • August 13, 2013 Aspen City Council 130 South Galena Street Aspen, CO 81611 Honorable Mayor and City Council, I am an owner in the 300 building of the Aspen Alps Condominium Association. I wish to make it known that I support the Long Range Planning Process the Aspen Alps is undertaking, and I support the recent application for a Conforming PUD. I ask and encourage you to approve the PUD application. I appreciate your consideration in this matter. Sincerely, Dztgk--4E 11 s 71 MAYFAIR LAxm G RI10IMNWICH, coziTxmc'rlicx— ' 068,-33 (;ao3) August 14, 2013 Aspen City Council 130 South Galena Street Aspen, CO 81611 Honorable Mayor and City Council, I am an owner in the 300 building of the Aspen Alps Condominium Association. I wish to make it known that I support the Long Range Planning Process the Aspen Alps is undertaking, and I support the recent application for a Conforming PUD. I ask and encourage you to approve the PUD application. I appreciate your consideration in this matter. Sincerely, Gillian Steel • / , LAWRENCE M. ABRAMSON ATTORNEY AT LAW 1860 Forest Hill Boulevard Suite 200 West Palm Beach, Florida 33406 Telephone: (561) 965-3411 FAX: (561) 965-0059 Email: LawrenceabramsonAaol.com August 12, 2013 The Honorable Steve Skadron Mayor of Aspen Aspen City Hall 130 South Galena Street Aspen, CO 81611 RE: Aspen Alps Application for PUD Approval Dear Mayor Skadron; I am the owner of 114 of Aspen Alps and I am writing you this letter to request your support of the Aspen Alps Application for PUD, which is coming before the Council for first reading on August 26, 2013. As I am sure you're are aware there was some controversy regarding this application. Now that all the work and money has been spent on the proposed PUD, and it has been recommended by City Staff, I wish to urge you to accept it. I recognize the Planning and Zoning Commission voted not to recommend passage, but I attended that meeting and, quite frankly, the reasons given by those opposing this Proposal seemed, to me, to miss the mark entirely. The resulting approval of this application would do nothing but simplify matters for both the City and for the Aspen Alps and, quite frankly, there appears, in reality, to be no down side whatsoever. As the City Staff has recognized, this Proposal simply recognizes what is there now and would simplify any action in the future, for both the Alps and for the City. I appreciate your consideration and again urge you, as an owner at the Aspen Alps, to approve the application. Very truly yours, 4N^. AAA LAWRENCE M. ABRAMSON, ESQ. LMA/dll cc: John Cochran, General Manager, Aspen Alsp lar. y\aspenalpsUtr.pud.app.skadron P24 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Jessica Garrow, Long Range Planner Justin Barker, Planner THRU: Jennifer Phelan, Community Development Deputy Director RE: 700 Ute Ave (Aspen Alps) — PUD, PUD Amendment, Rezoning, Subdivision Resolution No. Series of 2013 (Continued from June 11 and June 18) MEETING DATE: August 6, 2013 APPLICANT /OWNER: Aspen Alps Homeowners Association REPRESENTATIVE: Sunny Vann, Vann Associates LOCATION: 700 Ute Ave, Aspen Alps CURRENT ZONING: Lodge (L) with a Planned Unit Development (PUD) Overlay on Parcels 4 and 7 and portions of Parcels 3 and 6 PROPOSED ZONING: Lodge (L) with a Planned Unit Development (PUD) Overlay on Parcels 1-8 SUMMARY: The Applicant requests the existing improvements be memorialized by updating the PUD, and clarifying legal descriptions through a new Subdivision. In addition, utility easements are proposed to be upgraded to ensure utilities are located within easements. No new development is proposed. STAFF RECOMMENDATION: Staff recommends approval of the request. � :fir.--.`�, r,'�,;�i„-� lg��,.�: •! Photo: Alps location and picture of Alps 200 Building. Page 1 of 8 Aspen Alps P&Z Review — 8.6.2013 P25 • • REQUEST OF THE PLANNING AND ZONING COMMISSION: The Applicant is requesting the following land use approvals from the Planning and Zoning Commission: • PUD approval to add the PUD designation to the entire Aspen Alps property memorializing all existing improvements, pursuant to Land Use Code Chapter 26.445, Planned Unit Development. (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission.) • PUD Amendment to update the existing Planned Unit Development (PUD) to memorialize all existing improvements, pursuant to Land Use Code Chapter 26.445.100.B, Planned Unit Development Other Amendment. (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission.) • Subdivision approval to memorialize Parcels 1 — 8 as subdivided lots, pursuant to Chapter 26.480, Subdivision. (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission.) • Rezoning approval to establish a single PUD Overlay for the entire project area, pursuant to Chapter 26.310, Amendments to the Official Zone District Map. (City Council is the final review authori after considering a recommendation from the Planning and Zoning Commission.) P&Z QUESTIONS FROM JUNE 11TH MEETING: (note this section is new, the rest of the memo is the same as the memo from June 11 `h) The Planning and Zoning Commission reviewed this application at their June 1 lth meeting and raised a number of questions related to the Non -Conformities section of the Land Use code (26.312.030, Non- conforming structures) and the purpose of establishing this PUD for the Aspen Alps. As a reminder, no new development is proposed as part of this application. The applicant requests a PUD to memorialize existing conditions. Non -Conformities: Currently the Aspen Alps buildings are considered legally established non -conforming structures. This means The Alps buildings w, ere originally developed in conformance and compliance with City regulations, but code changes made by the City over time has resulted in the buildings no longer meeting a1ljhgsanxentrtqukzments in the Land Use Co Under today's code, there are two (2) scenarios for non -conforming structures to be rebuilt if they are demolished: 1. Non -Purposeful Demolition. If a non -conforming building is destroyed by a fire, flood, etc, that building can be built back exactly as it existed without a land use review. This occurred in the Aspen Alps 400 Building in 1992 and in the 500 Building in 2007 when they had extensive fire damage. The structures were rebuilt in the exact same configuration and location. 2. Purposeful Demolition. If a building is purposefully demolished, it may be built back on the site in one of two ways: a. Conform with existing zoning and code requirements. ' A recent example of this is the downtown zoning changes, which reduced the allowed height in the CC and C-I zone districts to 28 feet for buildings on the south side of the street. Any existing building over 28 feet is now considered a legally established non -conformity with regard to height. Page 2 of 8 Aspen Alps P&Z Review — 8.6.2013 • • P26 b. Request Special Review (Section 26.430.040.13, Replacement of non -conforming structures) approval from P&Z to rebuild aspects of the building that were non- conforming. If the Alps wanted to redevelop or just rebuild what is there today they would likely pursue this option because the Alps 100 - 800 buildings are all non- conforming with respect to unit count and size, and this is currently the only option that ensures all owners maintain -their current property and investment. If owners were going to lose the ability to build back their unit, it is highly unlikely they would proceed with any�e or re eve opment. = aQ,6V H �,A YVhYo i% 10Ctt-1 V-eVMCO DLO If the Alps remains as is (non -conforming structures rather than conforming under a PUD), Option 1 and 2.b result in the. same conclusion - they are sized and located exactly as they are today. It is highly unlikely the Alps would ever pursue Option 2.a because it would mean the loss of thirty-eight (3 units.2 (I \�J "h r1 Q (i2�i vti� =CQ� n a t rl�c c i rl Ct evl� ri l ►� b t; t ( I � Urt rE Establishment of Aspen Alps PUD/Subdivision: The applicant requests to memorialize the existing buildings through their PUD request. This has the same result as the likely outcomes highlighted above - the Alps buildings' size and location have the same imensions as the do toda . However, there are important benefits to the City by proceeding through a PUD rather than relying on the non -conformities section. 1. The City will now have recorded, established baseline dimensions for each Alps unit and building. If an owner wanted to submit a building permit to upgrade their unit, the City review would be faster because the existing information is readily available through the recorded PUD documents. (This also means individual unit owners would not need to go through the time and expense of unit calculations for their permit.) 2. The existing utilities will now be located within written and recorded easements. Currently the utilities are not located within easements, making servicing difficult. The PUD requires all easements to be updated to ensure the utility lines are located within them. This will ensure the City and other districts can quickly service these lines if there are maintenance or upgrade needs. 3. Updated lot descriptions will be created. The existing lots were established before the city's subdivision regulations, so they are based on the original condominium documents and metes & bounds descriptions.. This PUD/Subdivision would create new lot numbers and property descriptions, with creates more clarity moving forward. None of these benefits are realized without the PUD. Staff believes these benefits, in exchange for the existing conditions on the site, is a worthwhile tradeoff and meets all the applicable review criteria. Future Development: P&Z also raised concerns at the June 11t' meeting about future development of the Alps. This PUD does not preclude any future development. Likewise, not approving the PUD does not preclude any future development. The PUD establishes a clear baseline that any future request can be judged against. With or without the PUD, any future changes at the Alps will require a land use review, either through the non -conformities review or the PUD review. z Under current zoning, the 100 — 800 buildings would be allowed 35 units. 73 units exist today. Page 3 of 8 Aspen Alps P&Z Review — 8.6.2013 P27 • • Previous Reviews: P&Z requested a copy of the minutes from the 2001 City Council review of the Winter Building and PUD establishment. Like the rest of the record, the minutes do not provide a great deal of detail regarding the PUD conversation, as the review was mainly focused on the creation of three (3) affordable housing units. The minutes are attached as Exhibit F. Memo from June 11, 2013: Below is a copy of the memo from June 11, 2013 which outlines the background and dimensional characteristics of the Alps. BACKGROUND AND PROJECT SUMMARY: The applicant proposes to memorialize all existing improvements on Parcels 1-8 of the Aspen Alps Condominiums, and to update all utility easements to ensure utility lines are located within the appropriate easement. No new development is proposed as part of this application. Existing Conditions and History: The Aspen Alps, located at 700 Ute Avenue is comprised of 73 multi -family residential units, three (3) affordable housing units, and a parking garage. There are eight (8) different Alps parcels — two (2) are vacant and six (6) include improvements. A summary of the parcels and existing buildings are listed in Table 1, below: Table 1: Parcel and Development Descriptions parcel # Parcel Size (Gross Area) building # / common name Current # Units 1 .612 acres; 26,668 sf 100 Building 16 2 1 .761 acres; 33,163 sf 200 Building 16 3 .971 acres; 42,286 sf 300, 400, 500 Buildings 22 4 .312 acres; 13,612 sf 700 Building 10 5 .514 acres; 22,939 sf 800 Building 9 6 3.402 acres; 148,182 sf Vacant Land N/A 7 .122 acres; 35,314 sf Winter Building (Parking Garage, Affordable Housing) 3 8 .049 acres; 2,126 sf Vacant Land N/A The Aspen Alps were developed incrementally beginning in 1962. In fact, the Alps was the first condominium building in the State of Colorado. Building 100 was developed in 1962, Buildings 200 — 700 between 1965-1969, Building 800 in 1973, and the Winter Building in 2002. Note there is no 600 Building. Individual condominium maps and declarations were created as each phase of the Aspen Alps was constructed and sold. The recorded condominium plats are the current basis for the existing legally described parcels. Because a majority of the Alps was developed before modern subdivision regulations, the applicant is requesting a Subdivision Review to more clearly establish the existing parcel boundaries and legal descriptions. There is one master Homeowners Association, as well as individual associations for the different buildings. The master Association also provides services to the 777 Ute At -the -Aspen Alps Condominiums, which is not part of this application. Page 4 of 8 Aspen Alps P&Z Review — 8.6.2013 • 0 P28 The Alps units, like The Gant, are considered Free -Market Residential Dwelling Units with the ability to be rented on a short-term basis. The units have been occupied by owners, their guests, non -working residents, and vacationing tourists. The. Alps is located in the Lodge (L) Zone District. In 2001 an . application was approved by the City rezoning the portion of the Alps that was zoned R-15 PUD and Conservation to Lodge — other portions of the Alps were already in the Lodge zone district. It appears the intent of the application was to add a PUD Overlay to all parcels comprising the Aspen Alps, but the Ordinance was mistakenly written to only include some of those parcels. The PUD Overlay includes Parcel 4 (700 Building), Parcel 7 (Winter Building), portions of Parcel 3 (Buildings 300 and 400), and portions of Parcel 6 (Vacant Land). Buildings 100, 200, 500, and portions of vacant land do not currently include the PUD Overlay. While the entire area has essentially functioned as one PUD since 2001, staff has included a rezoning as part of this review to clearly establish that the entire Aspen Alps is zoned Lodge (L) PUD. Dimensional Information: Many of the existing dimensions do not meet the underlying Lodge Zone District dimensional requirements, and are considered legally established non -conformities. The permitted dimensions are listed in Table 2, below, and existing dimensions are in Table 3 on the next page. Table 2: Allowed Dimensions in Lodge Zone District Unit parcel building#/ Parcel Size (Gross Unit Size (sq Floor Parking # common name Area) Density Height ft net Area Setbacks Spaces livable) (sq ft) 1 100 Building .612 acres; 26,668 sf 7 28 feet 1,500 21,571 Front — 5 Side — 5 Rear— 5 2 200 Building .761 acres; 33,163 sf 9 29,590 16 3 300 - 500 Buildings .971 acres; 42,286 sf 11 35,501 22 4 700 Building .312 acres; 13,612 sf 4 13,157 10 5 800 Building .514 acres; 22,939 sf 4 14,503 9 Front —12 7 Winter Building .122 acres; 35,314 sf 3 28 feet 775 7,065 East Side — 20 69 854 West Side — 15 Rear— 10 Page 5 of 8 Aspen Alps P&Z Review — 8.6.2013 P29 I* • Table 3: Existing Dimensions Unit Size (sq building # / Parcel Size ft net livable Floor parcel common (Gross Current Height3 as depicted Area Setbacks (feet) Parking # name Area) #Units on recorded (sq ft) Spaces PUD Plans) Front — 4 100 .612 acres East Side —11.5 15 off- 1 Building 26,668 sf 16 2 story 1,133-1,515 21,559 West Side —18 site Rear — 20 200 Building, 10 2 story 1,213-1,537 Front —13 Structure A .761 acres; North Side — 23.5 2 33,163 sf 24,100 South Side —16 27 200 Building, 6 3 story 1,345-2,421 Rear— 13 Structure B Front —19.5 300 7 1,122-2,255 South Side —19 Building Rear-22 8 off- 7 1,130-2,265 Front — 7.5 3400 .971 acres 4story 34,604 site (on Building 42,286sf Rear —9.5 Parcel 6) Front —14 500 g 408-1,844 North Side — 7 Building Rear-9 Front — 8.5 12 off- 700 .312 acres; North Side — 4.5 site (on 4 Building 13,612 sf 10 3 story 1 475-2 973 22,789 South Side — 5.5 Parcel Rear —13 6) 800 Building - 1 3 story 2,992 Structure A Front — 55 800 5 Building - .514 acres; 4 4 story 1,695-1,876 18,866 East Side —13.5 6 Structure B 22,393 sf West Side —11.5 Rear-4 800 Building - 4 4 story 1,606-1,989 Structure C 6 Vacant Land 3.402 acres;N/A 148,182 sf Front —17.5 7 Winter .122 acres; 3 2 story 775-854 NLA 6,289 East Side —14.5 69 Building 35,314 sf West Side — 20 Rear-10 8 Vacant Land .049 acres; N/A 2,126 sf 3 Exact height for each building and parcel shall be recorded as part of the Final PUD Documents. Page 6 of 8 Aspen Alps P&Z Review — 8.6.2013 • • P30 Proposed PUD: No new development is proposed as part of this application. The Applicant wishes to memorialize the existing development, including all existing non -conformities, while updating utility easements. Each building has at least one . non -conformity. The specific non -conformities that are proposed- to be memorialized through the PUD are marked with an "X" in Table 4, below: Table 4: Existiniz Non -Conformities Density Floor Area Unit Size Setbacks Height Parking 100 Building X X X X X 200 Building X X X X 300 Building X X X X 400 Building X EX X X X 500 Building X X X 700 Building X X X X X X 800 Building X X X X X Winter Building X STAFF COMMENTS: The project is required to comply with the PUD standards set forth in Chapter 26.445, the Subdivision standards set forth in Chapter 26.480, and the Rezoning standards set forth in Chapter 26.310. .Overall, staff finds that the project the requirements set forth in the said Chapters. Staff supports establishing one, consistent, PUD for the entire Aspen Alps project as it creates consistency and reliability within the project. The Alps has been developed in its current built form since the 1960s-70s, and formally memorializing the existing dimensions is consistent with the long standing use and dimensional characteristics of the area. In addition, because the lots were created prior to subdivision regulations, staff supports the subdivision request to formally subdivide the project rather than relying on the condominium language from the 1960s. No new development is proposed, and the applicant is updating utility easements to ensure utilities are no longer located outside of proper easements. The City Utility Department and Aspen Consolidated Sanitation District commented on the application, and support the proposed easement updates. Any future development will require flow testing and updated utility infrastructure may be required. The deed restrictions on the three (3) affordable housing units were never recorded, so the applicant is working with APCHA to update and record those. The existing fire access to the Alps does not comply with the Fire District regulations. However, no changes are proposed at this time because no new development is proposed. If new development or redevelopment occurs in the future, the Alps will be required to comply with all Fire District rules in place at the time, and Aspen Alps Road will need to be modified in a manner acceptable to the Fire District. Based on information available today, the right of way will need to be expanded, a turnaround to accommodate fire vehicles, and building sprinklers will be required. The City Engineering Department is concerned about runoff and mudflow on the site. Any new development or redevelopment will require compliance with all applicable regulations, including the City's Urban Runoff Management Plan, in place at the time of said development. Based on information Page 7 of 8 Aspen Alps P&Z Review — 8.6.2013 P31 • • available today, staff anticipates that, at a minimum, drainage conveyance for any redevelopment of Buildings 300 — 700 will need to be accommodated on Parcel 6 and as part of an updated Aspen Alps Road. Drainage easements will likely be required as part of any future redevelopment. Overall, staff finds that the proposed changes are consistent with the review criteria for Subdivision, PUD, and Rezoning. RECOMMENDATION: Staff recommends approval of the project, with the following conditions: 1. The existing dimensions on a unit and project -wide basis are memorialized by this approval. Any changes to the building dimensions will require a PUD Amendment, pursuant to the Land Use Code in effect at the time. 2. All dimensions shall be documented in the Final PUD Documents. The applicant has not indicated exact heights as part of the land use application. These are required to be included as part of the Final PUD Documents. 3. Any future development is required to comply with all City rules and regulations in place at that time. 4. Updated deed .restrictions shall be recorded for the three (3) affordable housing units prior to or simultaneously with the recordation of the Final PUD and Subdivision Documents. 5. All utility easements shall be updated to ensure the utility line is located within proper easements. a. Any water lines not located in a Right of Way shall require an easement. Twenty (20) foot easements are preferred, and required to the extent the existing development can accommodate them. b. All sewer lines shall be located within easements acceptable to the ACSD, including the main line located in Alps Road and all extensions into the property. PROPOSED MOTION: "I -move to approve Resolution # , Series 2013, recommending City Council approve a PUD Amendment, PUD review, Rezoning, and Subdivision for the Aspen Alps that memorializes the existing development." Attachments: Exhibit A — PUD Review Criteria, Staff Findings Exhibit B — Subdivision Review Criteria, Staff Findings Exhibit C — Rezoning Review Criteria, Staff Findings Exhibit D — DRC Comments Exhibit E — Application (previously provided) Exhibit F — City Council minutes, August 27, 2001 Page 8 of 8 Aspen Alps P&Z Review — 8.6.2013 • • P32 RESOLUTION NO. (SERIES OF 2013) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT, REZONING TO PUD, AND SUBDIVISION FOR THE PROPERTY LOCATED AT 700 UTE AVE (THE ASPEN ALPS- CONDOMINIUMS), LEGALLY DESCRIBED IN EXHIBIT A TO THIS RESOLUTION. Parcel ID: 2737-182-67-800 WHEREAS, the Community Development Department received an application from The Aspen Alps Condominiums Homeowners Association, represented by Sunny Vann of Vann Associates requesting a Planned Unit Development (PUD) Amendment, Subdivision, and Rezoning to memorialize the existing improvements at the Aspen Alps Condominiums and establish a single PUD for the entire project; and, WHEREAS, the property is zoned Lodge (L) with a Planned Unit Development (PUD) Overlay on Parcels 4 and 7 and portions of Parcels 3 and 6 ; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application; and, WHEREAS, during a duly noticed public hearing on June 11, 2013, continued to July 18, 2013, and August 6, 2013, the Planning and Zoning Commission approved Resolution No. , Series of 2013, by a to L — vote, recommending City Council approve PUD, Subdivision, and Rezoning reviews; and, WHEREAS, the Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Approval Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends City Council approve a PUD, Subdivision, and Rezoning for the Aspen Alps Condominiums, legally described in Exhibit A to this Resolution. Section 2: Dimensions Resolution No Series 2013 Page 1 of 6 P33 0 • The existing dimensions on a unit and project -wide basis are memorialized by this approval. Any changes to the building dimensions will require a PUD Amendment, pursuant to the Land Use Code in effect at the time. All dimensions shall be documented in the Final PUD Documents. The applicant has not indicated exact heights as part of the land use application. These are required to be included as part of the Final PUD Documents. Approved dimensions are outlined in Exhibit B to this Resolution. Section 3: Affordable Housing Deed restrictions for the three (3) affordable housing units shall be recorded before or simultaneously with recordation of the Final PUD and Subdivision Documents. Section 4: Utilities All utility easements shall be updated to ensure the utility line is located within proper easements. Any water lines not located in a Right of Way shall require an easement. Twenty (20) foot easements are preferred, and required to the extent the existing development can accommodate them. All sewer lines shall be located within easements acceptable to the ACSD, including the main line located in Alps Road and all extensions into the property. Section 5: Code Compliance Any future development or redevelopment in the Aspen Alps PUD is required to comply with all rules and regulations in place at that time, including but not limited to fire, stormwater, building, water, sanitation, and trash requirements. Section 6• All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 7• This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 8• If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this day of 52013. Resolution No _, Series 2013 Page 2 of 6 • • P34 APPROVED AS TO FORM: Debbie Quinn, Special Counsel ATTEST: Jackie Lothian, Deputy City. Clerk PLANNING AND ZONING COMMISSION: LJ Erspamer, Chair Exhibit A: Legal Description of The Aspen Alps Condominiums Exhibit B: Approved Dimensions Resolution No _, Series 2013 Page 3 of 6 P35 • • Exhibit A: Aspen Alps Condominiums Legal Description Parcel 1: Building 100, Aspen Alps, according to the Condominium Declaration for Aspen Alps recorded December 11, 1963 in Book 205 at Page 145, as amended, and according to the Condominium Map recorded January 8, 1964 in Plat Book 2a at Page 308, County of Pitkin, State of Colorado; Parcel 2: Building 200, Aspen Alps West, according to the Condominium Declaration for Aspen Alps West recorded March 15, 1965 in Book 212 at Page 83, as amended, and according to the Condominium Map Recorded March 17, 1965 in Plat Book 3 at Page 26, Amendment No 1 Recorded February 25, 1992 in Plat Book 28 at Page 69, Second Supplemental Condominium Map Recorded July 26, 2002 in Plat Book 61 at Page 40, Third Supplemental Condominium Map Recorded October 12, 2010 in Plat Book 94 at Page 90, County of Pitkin, State of Colorado; Parcel 3: Building 300, 400, 500, Aspen Alps South Condominiums, according to the Condominium Declaration for Aspen Alps South Recorded December 1, 1965 in Book 217 at Page 189, and The First Supplement Recorded January 6, 1969 in Book 238 at Page 804, and according to The Condominium Map Recorded December 10, 1965 in Plat Book 3 at Page 54, and First Supplement Recorded December 10, 1969 in Plat Book 3 at Page 373, Second Supplement Recorded April 14, 2005 under Reception No. 508992, County of Pitkin, State of Colorado. Parcel includes a portion of Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6`h Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded in Plat Book 36 at Page 94); . Parcel 4: Building 700, Aspen Alps South Condominiums, according to the Condominium Declaration for Aspen Alps South recorded December 1, 1965 in Book 217 at Page 189, and The First Supplement Recorded January 6, 1969 in Book 238 at Page 804, and according to the Condominium Map recorded December 10, 1965 in Plat Book 3 at Page 54, and First Supplement Recorded December 10, 1969 in Plat Book 3 at Page 373, Second Supplement recorded April 14, 2005 under Reception No. 508992, County of Pitkin, State of Colorado. Parcel includes a portion of Government Lot 42, .Section 18, Township 10 South, Range 84 West of The 6"' Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded at Plat Book 36 at Page 94); Parcel 5: Building 800, Aspen Alps North Condominiums, according to The Condominium Declaration For Aspen Alps North recorded January 31, 1973 in Book 271 at Page 967, and the Amendment recorded June 4, 1973 in Book 276 at Page 393, and Agreement to Amend Condominium Declaration for Aspen Alps North Condominiums recorded October 19, 1993 in Book 727 at Page 437, and Agreement to Amend Condominium Declaration for Aspen Alps North Condominiums -recorded October 19, 1993 in Book 727 at Page 457, and according to The Condominium Map recorded January 31, 1973, in Plat Book 4 at Page 353, and First Supplemental Condominium Map recorded October 19, 1993 in Plat Book 32 at Page 87, and Second Supplemental Condominium Map recorded October 19, 1993 in Plat Book 32 at Page 88, County of Pitkin, State of Colorado; Parcel 6: Lot 2a, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat of the George P. Mitchell and H.A. Bornefield, Jr Property, according to The Plat Thereof recorded September 3, 1992 under Reception No. 348317, County of Pitkin, State of Colorado. Parcel includes Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6t' Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded in Plat Book 36 at Page 94); Resolution No _, Series 2013 Page 4 of 6 • • P36 Parcel 7: Lot 2b, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat of the George P. Mitchell and H.A. Bornefield, Jr Property, according to The Plat Thereof recorded September 3, 1992 under Reception No. 348317, County of Pitkin, State of Colorado; and Parcel 8: A Tract of Land Situated in The West One -Half of The Northwest One -Quarter of Section 18, Township 10 South, Range 84 West of The 6`h P.M., County of Pitkin, State of Colorado, described as follows: Beginning At The Most Southwesterly Corner of That Tract of Land Shown On The Condominium Map of Aspen Alps North Recorded in Plat Book 4 At Page 353, From Whence Corner No. 9 of Aspen Townsite Bears North 10*06'00" East 239.97 Feet and North 39*57'22" West 403.50 Feet; Thence Along The Southerly Line of Said Tract of Land South 79*05'00" East 35.72 Feet; Thence South 20*15'00" East 11.00 Feet; Thence South 03*30'00" East 12.50 Feet To Line 5-6 of The M&Y Lode, United States Mineral Survey No. 3921; Thence Along Line 576 of Said M&Y Lode South 44*59'00" West 67.87 Feet To Line 3-4 of The Millionaire Lode, United States Mineral Survey No. 3620a; Thence Along Line 3-4 of Said Millionaire Lode North 04*30'00" East 55.20 Feet To Corner No. 4 of Said Millionaire Lode; Thence North 10*06'00" East 22.97 Feet To The Point of Beginning. Resolution No _, Series 2013 Page 5 of 6 P37 • • Exhibit B: Approved Dimensions Unit Size (sq building # / Parcel Size ft net livable Floor parcel common (Gross Current Height* as depicted Area Setbacks (feet) Parking # name Area) #Units on recorded (sq ft) Spaces PUD Plans) Front — 4 1 100 .612 acres/ 16 2 story 1,133-1,515 21,559 East Side —11.5 15 off- Building 26,668 sf West Side —18 site Rear — 20 200 Building, 10 2 story 1,213-1,537 Front —13 Structure A .761 acres; North Side — 23.5 2 33,163 sf 24,100 South Side —16 27 200 Building, 6 3story 1,345-2,421 Rear —13 Structure B 300 Front —19.5 Building 7 1,122-2,255 South Side —19 Rea r — 22 8 off- 400 .971 acres / Front —7.5 site (on 3 Building 42,286 sf 7 4 story 1,130-2,265 34,604 Rear —9.5 Parcel 6) Front —14 500 Building g 408-1,844 North Side — 7 Rear-9 Front — 8.5 12 off- .312 acres; North Side — 4.5 site (on 4700 Building 13,612 sf 10 3story 1,475-2,973 22,789 South Side — 5.5 Parcel Rear —13 6) 800 Building - 1 3 story 2,992 Structure A Front — 55 800 5 Building - .514 acres; 4 4 story 1,695-1,876 18,866 East Side —13.5 6 Structure B 22,393 sf West Side —11.5 Rear-4 800 Building - 4 4 story 1,606-1,989 Structure C 6 Vacant Land 3.402 acres; N/A 148,182 sf Winter Building Front —17.5 7 (Parking, •122 acres; 3 2 story 775-854 NLA 6,289 East Side —14.5 69 Affordable sf West Side — 20 Housing) Rear —10 Rear R Vacant I anri 049 acres; N/A 2,126 sf *Exact Height for each building and parcel shall be recorded as part of the Final PUD Documents. Resolution No _, Series 2013 Page 6 of 6 • • P38 Exhibit A — PUD Review Criteria 26.445.050. Review standards: conceptual, final, consolidated and minor PUD. A development application for conceptual, final, consolidated, conceptual and final or minor PUP shall comply with the following standards and requirements. Due to the limited issues associated with conceptual reviews and properties eligible fot minor PUD review, certain standards shall not be applied as noted. The burden shall rest upon an applicant to show the reasonableness of the development application and its conformity to the standards and procedures of this Chapter and this Title. A. General requirements. 1. The proposed development shall be compatible with the mix of development in the immediate vicinity of the parcel in terms of density, height, bulk, and architecture, as well as with any applicable adopted regulatory master plan. Staff Finding: No new development or redevelopment is proposed as a part of this application. The purpose of the PUD is to fully memorialize the existing Alps improvements, which includes 7 buildings on 5 parcels, three (3) affordable housing units and a parking garage located on Parcel 7, and various parking and road improvements All told, there are 8 parcels in the Alps (6 that include improvements, and 2 vacant parcels). The main Alps buildings range in height from 2 stories to 4 stories. Staff finds this criterion to be met. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. .Staff Finding: No new development or redevelopment is proposed as a part of this application. The existing development is in character with the surrounding uses, consisting mostly of multi family residential complexes and hotels. Staff finds this criterion to be met. 3. The proposed development shall not adversely affect the future development of the surrounding area. Staff Finding: No new development or redevelopment is proposed as a part of this application. The site currently has utilities that are not located in their respective easements. This is proposed to be rectified in this application by establishing new easements that correspond with existing utilities. The Water Department and Sanitation District have indicated that the applicant may be interested in upgrading those utilities, but that is it not needed at this time as they are sufficient to serve the area. Staff finds this criterion to be met. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS or GMQS allotments are available to accommodate the proposed development and will be considered prior to or in combination with, final PUD development plan review. Staff Finding: Since no new development or redevelopment is proposed as part of this application, there are not GMQS allotments required. There are three existing affordable housing units on Parcel 7 that were never deed -restricted as required. The applicant is 6.11.2013 Aspen Alps P&Z Hearing —Exhibit A, PUD Review Criteria Pagel of 9 P39 • aware of this and is currently working with APCHA to deed -restrict the units. Staff finds this criterion to be met. B. Establishment of dimensional requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying Zone District shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. Staff Finding: The PUD development plans establish dimensional requirements for all properties in a PUD. The existing dimensional requirements the applicant would like to memorialize are listed below: Parcel Parcel Parcel Parcel Parcel Parcel? Lot Size 26,668 sq. ft. 33,163 sq. ft. 42,286 sq. ft. 13,612 sq. ft. 22,939 sq. ft. 35,314 sq. ft. Density 16 units 16 units 22 units 10 units 9 units 3 units Floor Area 21,559 sq. ft. 24,100 sq. ft. 34,604 sq. ft. 22,789 sq. ft. 18,866 sq. ft. 6,289 sq. ft. Maximutn 1,515 NLA 2,421 NLA 2,265 NLA 2,973 NLA 2,992 NLA 854 NLA Unit Size 300 bldg. — 19.5 ft. Front 4 ft. 13 ft. 400 bldg. — 8.5 ft. 55 ft. 17.5 ft. Setback 7.5 ft. 500 bldg. — 14 ft. 300 bldg. — 19 ft. Side East- 11.5 ft. North-23.5 ft. 400 bldg. — North-4.5 ft. East-13.5 ft. 14.5 ft. Setbacks West-18 ft. South-16 ft. none South-5.5 ft. West-11:5 ft. 20 ft. 500 bldg. — 7 ft. 300 bldg. — 22 ft. Rear 20 ft. 13 ft. 400 bldg. — 13 ft. 4 ft. 10 ft. Setback 9.5 ft. 500 bldg. — 9 ft. To be To be To be To be To be To be documented documented documented documented documented documented Height during during during during during during recordation recordation recordation recordation recordation recordation Parking 16 off -site 27 (20 off- site) g off -site 12 off -site 6 69 6.11.2013 Aspen Alps P&Z Hearing — Exhibit A, PUD Review Criteria Page 2 of 9 0 • P40 The proposed dimensional requirements shall comply with the following: 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of and compatibility with, existing and expected future land uses in the surrounding area. b) Natural or man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking and historical resources. Staff Finding: The applicant only intends to memorialize the existing development dimensions. No existing features of the property will be changed as part of this application. If the applicant wishes to make any changes or propose new development in the future, a PUD Amendment and review will be required. Staff finds this criterion to be inet. 2. The proposed dimensional requirements permit a scale, massing and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding: The existing open space and site coverage will not be changed as part of this application. Stafffinds this criterion to be met. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any nonresidential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the City. Staff Finding: No existing parking spaces are to be removed and no new parking spaces are proposed as part of this application. The existing parking for the Alps is accommodated in a variety of ways, depending on the parcel. These are outlined in the Table below: 6.11.2013 Aspen Alps P&Z Hearing — Exhibit A, PUD Review Criteria Page 3 of 9 P41 • Parcel Parcel Parcel Parcel Parcel Parcel Winter building # / Building common 100 Building 200 Building 300,400,500 700 Building 800 Building (Parking, Buildings name Affordable Housing) # Units 16 16 22 10 9 3 Original St & From From Ute Ave via Aspen Alps Ute Ave via Access Original St From Spring St Road Aspen Ute Ave Mountain Road # Parking 16 off -site 27 (20 off -site) 8 off -site 12 off -site 6 69 Spaces portion of parking area encroaches onto . 777 Ute Condos provided on property Sky Hotel through property exclusive 69 spaces on - Form of pursuant to easement for 8 spaces on 12 spaces t Parcel 6 (with 6 spaces on- site (general Parking 1976 parking - 20 Parcel 6 easement) site parking for Easement spaces; project) Agreement - 7 spaces 16 spaces partially on Ute Ave ROW (needs encroachment license) The existing parking scenario appears to work for the Alps. Any new development, and its associated parking requirements, would be reviewed if and when an application is made. Staff finds this criterion to be met. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal and road maintenance to the proposed development. 6.11.2013 Aspen Alps P&Z Hearing — Exhibit A, PUD Review Criteria Page 4 of 9 • • P42 Staff Finding: The Alps were developed in the early -mid 1960s, and were the first condominiums in the state of Colorado. They were developed before modern subdivision or zoning standards. Initially 77 units were developed. Over the years, 8 units were combined in various combinations, and 3 affordable housing units were added to parcel 7creating an existing total unit count of 76 units. The result is that the existing density is higher than that currently allowed by underlying zoning. Code currently would allow 38 units. The applicant does not propose to reduce the maximum allowable density. Stafffinds this criterion to be met. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mudflow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. Staff Finding: As stated above, the existing density is already higher than that currently allowed by underlying zoning and the applicant does not intend to reduce the maximum allowable density. Stafffinds this criterion to be met. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more adopted goals of the community as expressed in an applicable adopted regulatory master plan. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in Subparagraphs 4 and 5; above, those areas can be avoided or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with and complimentary to, the surrounding existing and expected development pattern, land uses and characteristics. Notes: a) Lot sizes for individual lots within a PUD may be established at a higher or lower rate than specified in the underlying Zone District as long as, on average, the entire PUD conforms to the maximum density provisions of the respective Zone District or as otherwise established as the maximum allowable density pursuant to a final_ PUD Development Plan. 6.11.2013 Aspen Alps PU Hearing — Exhibit A, PUD Review Criteria Page 5 of 9 P43 • 0 b) The approved dimensional requirements for all lots within the PUD are required to be reflected in the final PUD development plans. Staff Finding: The existing density is already higher than that currently allowed by underlying zoning. There have been no issues with the existing density. Staff finds this criterion to be met. C. Site design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past or contribute to the identity of the town are preserved or enhanced in an appropriate manner. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate and provide visual interest and engagement of vehicular and pedestrian movement. Staff Finding: Since no new development or redevelopment is proposed as part of this application, all existing site features will be preserved. Staff finds this criterion to be met. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Staff Finding: No changes are proposed at this time, as no new development is proposed. South Alps Road can be modified to an 18 foot road if all buildings are sprinklered upon redevelopment and an adequate turnaround is provided. The applicant will provide an explanation of the existing trash and recycling access and service areas for the. record. Staff finds this criterion to be met. 5. Adequate pedestrian and handicapped access is provided. Staff Finding: Since no new development or redevelopment is proposed as part of this application, the existing accesses will remain. Any new development will trigger accessibility and energy code requirements. Staff finds this criterion to be met. h. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Staff Finding:. Since no new development or redevelopment is proposed as part of this application, the existing drainage situation will remain. Any new development will trigger the need for a complete drainage plan consistent with the City of Aspen's Urban Runoff Management Plan. In addition, because of the site's location a mudflow assessment will be required if any new development is proposed. Stafffinds this criterion to be met. 7. For nonresidential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. 6,11.2013 Aspen Alps P&Z Hearing — Exhibit a, PUD Review Criteria Page 6 of 9 0 • P44 Staff Finding: Since no new development or redevelopment is proposed as part of this application, all existing.site features will be preserved. Staff finds this criterion to be met. D. Landscape plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the City, with surrounding parcels and with .existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well -designated treatment of exterior spaces, preserves existing significant vegetation and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding: Since no new development or redevelopment is proposed as part of this application, all existing landscape features will be preserved. Staff finds this criterion to be met. E. Architectural character. 1. Be compatible with or enhance the visual character of the City, appropriately relate to existing and proposed architecture of the property, represent a character suitable for and indicative of the intended use and respect the scale and massing of nearby historical and cultural resources. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade and vegetation and by use of non- or less -intensive mechanical systems. 3. Accommodate the storage and shedding of snow, ice and water in a safe and appropriate manner that does not require significant maintenance. 4. Emphasize quality construction and design characteristics, such as exterior materials, weathering, snow shedding and storage, and energy efficiency. Staff Finding: Since no new development or redevelopment is proposed as part of this application, the existing buildings will remain. Any new development will trigger accessibility and energy code requirements and will be required. to meet all applicable design standards. Stafffinds this criterion to be met. F. Lighting. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both Public Safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures and access ways is proposed in an appropriate manner. 2. All exterior lighting shall in compliance with the outdoor lighting standards unless otherwise approved and noted in the final PUD documents. Up -lighting of site features, buildings, landscape elements and lighting to call inordinate attention to the property is prohibited for residential development. 6.11.2013 Aspen Alps P&Z Hearing — Exhibit A, PUD Review Criteria Page 7 of 9 P45 0 n L� Staff Finding: Since no new development or redevelopment is proposed as part of this application, all existing lighting will remain. Any new development will be required to comply with all lighting codes. Stafffinds this criterion to be met. G. Common park, open space or recreation area. If the proposed development includes a common park, open space or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location and design of the common park, open space or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas and shared facilities together with a deed restriction against future residential, commercial or industrial development. Staff Finding: Since no new development or redevelopment is proposed as part of this application, all existing common spaces will be preserved. Future development will require compliance with all Parks standards, including tree protection standards. Staff finds this criterion to be met. H. Utilities and public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding: There are current utilities that do not lie within access easements. The applicant intends to update all easements to contain the existing utilities. The existing utilities will not be modified unless redevelopment occurs or replacement is necessary. The applicant intends to contact any property owners necessary to obtain the required easements. Staff finds this criterion to be met. I. Access and circulation. (Only standards 1 & 2 apply to minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 6.11,2013 Aspen Alps P&Z Hearing — Exhibit A, PUD Review Criteria Page 8 of 9 0 0 P46 1. Each lot, structure or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way or other area dedicated to public or private use. 2. The proposed development, vehicular access points and parking arrangement do not create traffic congestion on the roads surrounding the proposed development or such surrounding roads are proposed to be improved to accommodate the development. 3. Areas of historic pedestrian or recreational trail use, improvements of or connections to, the bicycle and pedestrian trail system and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. 4. The recommendations of adopted specific regulatory master plans, as applicable, regarding recreational trails, pedestrian and bicycle paths and transportation are proposed to be implemented in an appropriate manner. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. 6. Security gates, guard posts or other entryway expressions for the PUD or for lots within the PUD, are minimized to the extent practical. Staff Finding: Adequate access exists for all structures within the PUD. The existing access points and parking arrangements have not created issues. There are no new proposed roads, drives or trails. Aspen Alps Road will be required to be upgraded, per Fire District comments and standards, should any new development be proposed in the future. Staff finds this criterion to be met. J. Phasing of development plan. (does not apply to conceptual PUD applications) The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees -in -lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding: No phasing is proposed at this time. Staff finds this criterion is not applicable. 6.11.2013 Aspen Alps P&Z Hearing — Exhibit A, PUD Review Criteria Page 9 of 9 P47 • • Exhibit B — Subdivision Review Criteria 26.480.050. Review standards. A development application for subdivision review shall comply with the following standards and requirements: A. General requirements. 1. The proposed subdivision shall be compatible with the mix of development in the immediate vicinity of the parcel in terms of density, height, bulk, architecture, landscaping and open space, as well as with any applicable adopted regulatory master plan. 2. The proposed subdivision shall be consistent with the character of existing land uses in the area. 3. The proposed subdivision shall not adversely affect the future development of surrounding areas. 4. The proposed subdivision shall be in compliance with all applicable requirements of this Title. Staff Finding: The applicant proposes to memorialize the existing parcels as subdivided lots to be recorded in a subdivision plat. The lots were legally established before the current subdivision regulations. No new subdivision of land is occurring, and the existing lots will remain the same, all conforming in size and width. Staff finds this criterion to be met. B. Suitability of land for subdivision. 1. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety or welfare of the residents in the proposed subdivision. 2. Spatial pattern efficient. The proposed subdivision shallnot be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Staff Finding: No new development or redevelopment is proposed as a part of this application. The existing development has not created issues regarding land suitability or spatial pattern. Any future development will be required to address slopes, drainage, and mudflow, in accordance with the Engineering Department's standards and requirements. Staff finds this criterion to be met. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by .special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with an applicable adopted regulatory plan, Title 28, the municipal code, the existing, neighboring development areas and/or the goals of the community. 6.11.2013 Aspen Alps P&Z Hearing — Exhibit B, Subdivision Review Criteria Page 1 of 2 • 0 P48 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. Staff Finding: The existing lots were legally established prior to the current regulations. The applicant is proposing to update and align the existing utility easements to 20 feet as required. Only new development will require flow testing and potential water line replacement. Staff finds this criterion to be met. D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Section 26.470.070.5, Demolition or redevelopment of multi -family housing. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Finding: Since no new development or redevelopment is proposed as part of this application, no new affordable housing is required. There are 3 units on parcel 7 that were never deed -restricted as required. The applicant is currently working with APCHA to deed -restrict the units. Stafffinds this criterion to be met. E. School land dedication. Compliance with the School land dedication standards set forth at Chapter 26.620. Staff Finding: Since no new development or redevelopment is proposed as part of this application, School land dedication is not required. Staff finds this criterion to be met. F. Growth management approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parcels) zoned Affordable Housing Planned Unit Development (AH-PUD) without first obtaining growth management approvals if the newly created parcel(s) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. Staff Finding: Since no new development or redevelopment is proposed as part of this application, Growth Management approval is not required. Staff finds this criterion to be met. 6.11.2013 Aspen Alps P&Z Hearing — Exhibit B, Subdivision Review Criteria Page 2 of 2 P49 0 0 Exhibit C — Rezoning Review Criteria 26.310.090. Rezoning - Standards of review. In reviewing an amendment to the Official Zone District Map, the City Council and the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding: The applicant proposes to memorialize the existing development. No new development is proposed at this time. A portion of the Aspen Alps site is zoned with a PUD overlay. Extending that PUD to the entire Alps site will ensure clarity and consistency within the project. Other similar PUDs are located in the area, including The Gant. Staff finds this criterion to be met. B. Whether and the extent to which the proposed amendment would result in demands on public facilities and whether and the extent to which the proposed 'amendment would exceed the capacity of such public facilities including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools and emergency medical facilities. Staff Finding: The Alps was developed in the 1960s and 1970s and is currently served by all utilities. No new development is proposed that would require new services. The applicant is proposing to update and align the existing utility easements. Only new development will require flow testing and potential water line or sewer line replacement. Aspen Alps Road does not meet Fire District standards, and will be required to be updated should any new development be proposed in the future. At this time, no changes are required. Staff finds this criterion to be met. C. Whether and the. extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Staff Finding: No new development is proposed as part of this application, thus no new impacts to the natural environment will occur. Staff finds this criterion to be met. D. Whether the proposed amendment is consistent and compatible with the community character in the City and in harmony with the public interest and the intent of this Title. Staff Finding: The proposal is consistent with all requirements of the Land Use Code. Staff finds this criterion to be met. 6.11.2013 Aspen Alps P&Z Hearing — Exhibit C, Rezoning Review Criteria Page 1 of 1 • is P50 Exhibit D - Aspen Alps DRC Comments Planning/Zoning By memorializing the existing conditions, any unit wanting to expand internally, add a sky light, enclose a deck, etc will require a PUD Amendment. If the owners want the ability to change items related to height, unit size, or floor area, that needs to be built into the PUD, otherwise it's not allowed. The application indicates the exact heights will be recorded with the final documents. We prefer to know that information now, but can work with the information in the application. • The Alps will need to record the deed restrictions for the 3 affordable housing units in the Winter Building prior to or as part of the approval. The deed restriction must be acceptable to AHPCA. Parks • Any future development will be required to comply with all Parks standards, including tree protection standards. • Any trees to be removed on the site require a tree removal permit. • No trails are planned for these properties at this time. Utilities • Electric service is through Holy Cross, so the applicant should address any concerns/issues with them. • Water is provided by the City. Any water lines not in a Right of Way require an easement. These should be 20 foot easements, as can be accommodated by the existing development. • If any future development occurs on the site, flow testing will be required, and water line replacement will be needed. Sanitation • All sewer lines must be in easements acceptable to ACSD. Based on the information, this would include the main sewer line easement for the line coming up Alps Road and a small extension into the property, as shown in the application. • In the future a couple of main line extensions into the property would help them by eliminating some of the long service lines that serve some of their existing buildings. • We can comment in detail on future development with the new applications. Fire Any new development or redevelopment will require compliance with Fire District rules and regulations. Aspen Alps Road can be modified to an 18 foot road if all buildings are sprinklered and an adequate turnaround is provided. Building • No comments at this time as no new development is proposed. 6.11.2013 Aspen Alps P&Z Hearing — Exhibit D, DRC Comments 1 of 2 P51 • • • Any new development will trigger accessibility and energy codes. Environmental Health • Any new development or redevelopment will trigger compliance with the City's Trash . and Recycling requirements • Please provide an explanation of existing trash and recycling access and service areas for the record. Engineering • Any future development will be required to comply with all Engineering requirements, including the URMP and the mudflow hazard area regulations. Staff is concerned there are no easements related to drainage throughout the project area. Easements will be required as part of any future development. Given the limited information available related to drainage, staff anticipates at a minimum conveyance will need to be accommodated on Parcel 6 and on Aspen Alps Road. Additional items that may be required as part of any future development proposal include: o All Engineering requirements applicable to the development must listed as part of any future development application, including but not limited to those requirements specified in the code, in the URMP and the design guidelines. o General note: The design for the site must meet the Urban Runoff Management Plan Requirements. Staff was not able to determine whether or not the site will meet these requirements. A full review will be completed upon any future proposed development, when there is enough information to review. o Section 1.3.2 "Development Review Committee" of the URMP states: "Prior to the DRC review process, applicants must submit a conceptual grading and drainage site plan to the Engineering Department for approval. For complete requirements, see the conceptual review submittal checklist in Appendix A." The checklist is attached. Considering the location of the project, the applicant should also prepare a mudflow assessment. The intent of the conceptual drainage plan and mudflow assessment is to ensure that adequate planning has been incorporated into the PUD for mitigation of runoff and mudflows. o A compliant conceptual drainage plan and mudflow assessment must be submitted and approved prior to finalizing approval of any future development. Parking • No comments. 6.11.2013 Aspen Alps P&Z Hearing — Exhibit D, DRC Cornments Page 2 of 2 �Cxnibit r � Regular Meeting Aspen City Council August 27, 2001 P52 zdinance can have conditions regarding the shuttle service, bike storag MayorXlanderud opened the public hearing. Fonda Pater n, Boomerang Lodge, commended Hills for b 'ng a good neighbor. Ms. aterson suggested Council conduct a site v'sit with story poles to see the ge 4-plex. Ms. Paterson asked the Co cil and applicant to consider moving his 4-plex to the west end of the ock. Ms. Paterson said the building on t east end of the block is pro sed to be located right on the alley with large picture windows. Ms. Pat son said these may not be a good location for picture windows on this bu alley. Ms. Paterson .said she has some suggestions on ow to manage e construction so that their guests will have a good vacatio experien Ms. Paterson questioned restricting 3 on -site parking spac for e ployees; these employees may not have cars and if there is parking, it ld be used. The applicants agreed. Mayor Klanderud closed the pu Councilman Semrau comme ed the applic for not pushing too much development on this site. ouncilman Semrau id he feels this project is very doable. /ants u McCabe asked how the roposed 6 month lease will be handled the land use code allo an owner to use up to 6 months as lit is available the other six nths for short-term rental. Haas e not gotten any further into de ils. Councilman Paulson said ake sure the tree replacement pr am is spelled out. incil an Semrau moved to adopt Ordinance #27, Series of 200 on an reading deleting condition # 1 regarding leasing of the parkin on 4t' ; seconded by Councilman Hershey. Roll call vote; Councilmemb rs Cabe, yes; Paulson, yes; Semrau, yes; Hershey, yes; Mayor Klanderu , . Motion carried. —> ORDINANCE #28, SERIES OF 2001 - Aspen Alps Rezoning/PUD < Fred Jarman, community development department, told Council this is a request to redevelop lot 2B of the Aspen Alps, currently containing tennis courts. The proposed development would have a two level subgrade parking garage, including a maintenance and laundry and 3 housing units, with P53 Regular Meeting 0 Aspen City Council 0 August 27, 2001 tennis courts on top. Jarman showed Council the surrounding land uses and their zoning and lot 2B zoned R-15/PUD, the subject of this application. This ordinance rezones the. entire Alps property LTR (lodge/tourist residential). . The Aspen Alps is zoned LTR, Conservation and R-15 PUD. In order to build a subgrade garage, this property needs to be rezoned. Jarman said rezoning to LTR would also allow the 3 employee units. The applicant requests a GMQS exemption for affordable housing for these 3 units as well as subdivision approval. Jarman told Council this ordinance modifies a previous Council approval regarding lot 2B. Jarman showed a rendering of the tennis courts and affordable units from Ute and from Ute Avenue south. Jarman told Council there will be a total of 69 spaces in the garage. There will not be interior circulation in the garage so there will have to be an entrance for each level. The housing authority recommends approval of the 3 employee units. This is a creative use of land, which provides employee units for the Aspen Alps in close proximity to the Alps and to the commercial core. Jarman said this is consistent with the Aspen Area Community. Plan. Jarman noted the Aspen Alps does not have enough parking currently. Councilman McCabe asked if there is any radon on site and if so, is there a radon mitigation plan. Alan Richman, representing the Aspen Alps, told Council they have no issues with any of the conditions recommended by staff. Richman said the applicants have worked with the neighbors through P&Z. The applicants have been working on the project since 1998. The city's philosophy has been to address non -conforming status of lodges. Richman said the only reason for the request to rezone lot 2B is because of the 3 affordable units, which under the city's code is a multi -family use and multi -family use is not allowed in R-15. The other uses are allowed in R-15 as accessory to the Aspen Alps. Richman said the applicants want Council to feel confident they have control over what happens at the Alps in the future. Staff has recommended a PUD designation over the entire property, which will require review of any future development on the property. Richman noted that in 1992 Council imposed limitation on development on lots 2A and 2B. The Alps was developed in the 1960's and was not a phased plan. It was built one building at a time and because of lack of planning, there is no laundry facility, there is no Regular Meeting Aspen City Council Atiaust 27, 2001 P54 maintenance facility, and there is not adequate parking. Richman noted the surrounding land was not given over to the Alps until 1992. At that time Council approval a subdivision to allow this. land to be given to the Alps. Council was concerned about the addition of several acres of land to the Alps and they did not want it to be developed for more or larger units. The Alps agreed to a deed restriction on lots 2A and 2B that this land could not be used for additional floor area or additional units. Richman requested this condition be modified for lot 2B as the Alps is proposing 5 bedrooms and 6500 square feet of floor area. This condition will be kept on lot 2A. Richman said since the Aspen Alps is a condominium, many owners leave their cars on property. The proposed parking garage will be used more as a storage facility rather than have heavy daily use. Richman stated these employee units are not mitigation for development; they are units for the Alps' needs and will be deed restricted to category 3. Mayor Klanderud opened the public. hearing. Mary Gleason, adjacent property owner, said she realizes parking is needed and affordable housing is needed; however, their concern is that this area is a mine dump and a lot of excavating will be done. Ms. Gleason.said they would like to be kept appraised of the nature of the materials, are they toxic, and is the mitigation plan sufficient. Jarman told Council he received an e- mail from a Gant condominium owner regarding the type of landscaping on top of this proposed structure. Mayor Klanderud closed the public hearing. Councilman Paulson asked about the conservation easement. Richman reiterated they are proposing no modifications to the restrictions on lot 2A. Matt Roberts, industrial hygienist, said his company focuses on health and safety to workers and to ambient air quality issues. Roberts said they have conducted evaluations of similar sites. The intent is to environmentally profile sites to understand the nature of the contaminants and then to develop a protective program for neighbors and for workers. Roberts said they will look into whether there is radon on this property or not. The housing is above grade, which makes radon a minimal issue. Semrau said after construction is when radon is addressed, usually through ventilation. There is no way to address it until construction. Pamela Cunningham, Aspen Alps P55 Regular Meeting Aspen City Council August 27, 2001 manager, told Council there have been radon tests around the project and there has not been a problem with radon yet. , Richman pointed out conditions 7 and 8 in the ordinance, which focus on the concerns of lead and potential exposure to the neighbors. Richman said the recommendations from the environmental health department and the applicant are to make sure fugitive dust does not become a concern to the neighbors. Keeping the dust wet and suppressed is the right way to contain it. Condition #8 requires when soils tests are conducted to make city staff aware of the results and for staff to place additional requirements on the project, if necessary. Mayor Klanderud asked about the trees on site and the comment from the Gant owner that the Spruce trees along Ute avenue be replaced. Richman said he has met with the city's forester; some of the existing trees are very close to the excavation and will be difficult to save. If the trees cannot be saved, they will be replaced. The area along Ute Avenue is predominantly cottonwoods and Aspen, which Richman demonstrated with photographs. There are some spruce; however, this is not a spruce forest. The city's forester noted this forest has grown up on its own and he would like to see it ,..� recreated, if the trees come out, cottonwoods interspersed with ground cover, aspens and spruce. Richman said they do not want a line of spruce trees and they want light to get into the housing units. Councilman Hershey moved to adopt Ordinance #28, Series of 2001, on second reading; seconded by Councilman Semrau. Roll call vote; Councilmembers Paulson, yes; Hershey, yes; McCabe, yes; Semrau, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #32, SERIES OF 2001- - Supplemental Appropriations Mike Cain, budget director, told Council this ordinance approves carry forward in departmental budgets, the asset management carry forward projects, and departmental savings. Cain noted departments can retain 50% of the savings of money not spent in their budget. The other 50% is split 10% city manager central savings and 40% goes back into fund balance. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. • • Regular Meeting Planning & Zoning Commission June 11, 2013 P10 Chairman U Erspamer called the meeting to order at 4:30 with Walterscheid, Goode, Weiss, Myrin, DeFrancia, Tygre, and Gibbs present. COMMISSIONER COMMENTS 1. Weiss told the Commission he is going to attend a Council meeting and bring up the number of code amendments recommended in the AACP; hopefully the new Council will pick up efforts for code amendments. Several other board members said they would attend with Weiss. 2. Myrin thanked staff for the community development department update. Jessica Ga_rrow told the Board at the work session June 25, they will be reviewing lodge policies and trying to get direction on amending the code or working with outside organizations. Ms. Garrow said she will forward the Council packet and background information to P&Z. 3. Erspamer told the Board their code books are not up to date and the Board can get copies at the community development department or online at the clerk's page. 4. Erspamer asked about review or commenting on a project that is in front of HPC. Weiss suggested joint meetings on some projects. Myrin stated he would support working out a process for referrals. MINUTES — May 21, 2013 The Board agreed to approve these at the next meeting. DECLARATION OF CONFLICT OF INTEREST Jim DeFrancia said he is working with the Aspen Alps and will recuse himself. Debbie Quinn, assistant city attorney, noted the conflict of interest section states city officials may not appear on behalf of an applicant in front of the board of which they are a member. 700 UTE AVENUE ASPEN ALPS PUD AMENDMENT AND SUBDIVISION Debbie Quinn, assistant city attorney, said the appropriate mailing and publication has been done. Jessica Garrow, community development department, told the Board there is no development proposed in this application; it is to memorialize the existing conditions of the Aspen Alps. Ms. Garrow said the request is for PUD, rezoning and subdivision. P&Z is the recommending body; Council is final approval. Ms. Garrow showed the property, which is 8 different parcels, 2 of which are vacant. Parcel 6 is a large parcel, originally part of the Moses lot split. The Winter building is where tennis courts, parking garage and affordable housing are located. The 777 Ute at the Aspen Alps was approved and built.in 1992 and is not part of this application. Ms. Garrow pointed out the various Aspen Alps building and their location on the site; the 300, 400 and 500 buildings have access off the Aspen Alps road off Ute Avenue. P 11 Regular Meeting Planning & Zoning Commission June 11, 2013 The Aspen Alps was developed from 1962 through 2002 and was the first condominium in Colorado before modern subdivision regulations. There are 73 residential multi -family units with the ability to short term; no units have housed a local working resident. There are 3 affordable housing units in the Winter building developed in 2002; the deed restriction was never filed and the applicant has committed to doing so as part of this application. There 16 offsite parking space for the 100 building on the Sky hotel property and all other parking is within the site. Ms. Garrow pointed out this property is zoned lodge with some of it having a PUD designation, the lack of total PUD designation may have been a staff error in 2001, and parcels 1 through 8 should have had a PUD designation so this application includes a rezoning in order to make it clear there is one PUD for the entire Aspen Alps property. Ms. Garrow said the utility easements will be updated; a new subdivision will be established to make the descriptions clearer. The proposal is to establish the existing dimensions as conforming; there are a lot of non -conformities on the site compared to what is permitted under the Lodge zone district, there are more units than would be allowed under the existing code. Any improvements after this application would be required to submit a new application; there is no ability to change configurations. Ms. Garrow told the Board there has been a long standing agreement with 525 South Original street for one of the parking spaces so the resolution should note there are 15 offsite parking spaces for the 100 building. Ms. Garrow stated staff finds this proposal complies with all criteria for PUD, subdivision and rezoning and staff recommends approval of the application. Weiss asked why the current floor area for building 2 is 24,100 square feet and the allowed dimension in the lodge zone district is 29,950 square feet and would not approving this allow 5,800 square feet of development. Ms. Garrow said this approval does not memorialize what would be allowed under existing code; it memorializes what exists today, building 2 will be 24,100 square feet. Ms. Tygre asked if the overall square footage on the site would allow additional development in a new building. Ms. Garrow said that would be a new land use application. Ms. Tygre asked if there is enough land available. Ms. Garrow said any development will come through a new land use process and on certain parcels there may be room for new buildings; staff did not calculate what could be built because that is not the application in front of P&Z. Ms. Garrow noted any PUD approval by P&Z locks in the dimensions by what is presented; this request will say what exists on the site today is what is allowed; any change from that would require land use review. Myrin asked about vested rights. Ms. Garrow said any project that goes through review gets a 3-year vested; however, there is no development proposed for this site; the dimensions are being established and stay in perpetuity until a future amendment. Weiss asked if the individual unit sizes are being locked in by this proposal. Ms. Garrow answered the P&Z resolution locks in the range for dimensions; the final PUD documents will include unit by unit showing how large each unit is. The site specific approval will make the buildings and units conforming. Ms. Garrow told the P&Z, the water supply is sufficient for the existing development but any new proposal would require upgrading the water lines to deal with capacity issues. Ms. Garrow noted locking the units and buildings in to what is existing clarifies what is there and what is allowed. Sunny Vann, representing the applicant, told the Boards they had to do surveys and title work on all the properties and boundaries and the application documents what is there today. Vann said some of the buildings at the Aspen Alps are almost 50 years old; some units have been remodeled. Vann stated the units at Aspen Alps were legally created but due to ensuing changes 'in the land use lode, they are referred to as non -conforming structures. These are not a non -conforming use and are allowed to 2 • Regular Meeting Planning & Zoning Commission • June 11, 2013 P12 continue. This approval will memorialize what is there today. Vann told the Board this is not a subdivided parcel and the applicants want to file a plat to memorialize the existing parcels, clean up the easements; a PUD document that states what the dimensional requirements are, the review processes necessary for any future improvements. Vann said memorializing what is there gives the applicant greater flexibility to deal with the older buildings and would make the building permit process simpler. Vann noted this is a depreciating asset and is a vital component of the community's lodging inventory. Myrin asked why go through this approval process in advance rather than waiting for an actual application. Vann said the master homeowner's association is trying to get in front of future issues. Vann pointed out the land use code has been amended to disincentivize residential uses in the lodge zone; heights and FAR have been lowered. The Aspen Alps was conforming when built and it could not be built today under the current regulations. This application is to find a way to facilitate retaining this part of the lodging market. Ms. Tygre said one purpose of a PUD is to cluster buildings on a site and this approval would not allow that. Vann said the existing buildings are pretty much in the location they would go and the ability to tear all down and move it around is fairly limited. There are too many owners to gain consensus on tearing all the buildings down and starting over. There are areas where development is prohibited; there are areas that using the land area to increase floor area is prohibited. Erspamer asked about the statement that the reduction for steep slopes shall not exceed 25% and is that a change from 20%. Vann stated in a PUD one is required to reduce the allowable lot area for FAR calculation for steep slopes at the maximum of 25%. Erspamer opened the public hearing. Susan Gaines, Aspen Alps resident, told the Board she does not rent her unit and she is concerned that the actual square footage of her unit is larger than is on record and if this is memorialized, it would not be good for her and the assessment for her unit is not accurate. Ms. Gaines asked P&Z not to approve this request. Vann told P&Z the applicants used the county recorded maps and field verified the figures; used the building permit plans to update the square footage. Vann said they were not able to verified Ms. Gaines unit and would be glad to rectify that. Vann noted floor area is different than gross area; things like stairwells do not count in floor area. Michael Marek, unit 113 Aspen Alps, told P&Z there are homeowners who are confused as to why this application was promulgated. Marek said no one has been polled about redevelopment and redevelopment is not an issue and questioned the money spent by the homeowner's board to come up with a PUD application without any development proposals. Joan Marek stated she does not understand the purpose of this PUD application; the questions P&Z is asking are the same that some of the homeowners have. Sarah Jane Morrell, unit 114, also questioned the purpose of P&Z approving the PUD without other benefit to the city. Ms. Garrow said part of the benefits for the city is getting utilities into proper easements. The information on what exists at the Aspen Alps and when owners come in, it is cost and time for the city staff and for owners to see if their proposal is allowed. Richard Auhll, Alps owner, told P&Z in 2012 Board of Managers received an 11 page document on 3 suggested proposals to redevelop the Aspen Alps so this proposal has caused concern with homeowners that a redevelopment will come in with after this step is approved. 3 P 13 Regular Meeting • Planning & Zoning Commission • June 11, 2013 Connie Harvey, Alps owner, told P&Z the owners, without a vote, were asked to send proxies to the Alps planning committee without understanding what the point is. Ms. Harvey said she does not feel this is a good idea. Paul Taddune told P&Z he is working with some of the homeowners and this appeared to be a routine application and a memorialization of what exists; however, there may be impacts on the homeowners, like a reduction in FAR. The homeowners should be given a chance to review this and see how it may affect each individual's circumstances. Erspamer closed the public hearing. Ms. Garrow reminded P&Z that the homeowner's associations are not part of this review and there are criteria in the packet related to PUD, rezoning and subdivision and the two, homeowner association issues and land use criteria, are separate. Ms. Garrow clarified if there is a non -purposeful destruction and a building needs to be redone, if the building is non -conforming, it can be rebuilt exactly as it was. If there is a puroc�destruction and the building is non -conforming, it has to be rebuilt complying with underlying zon�na Pxrent fir �pn��+One reason to do this PUD is to clarify exactly what exists on the site and will make the buildings conforming. Ms. Garrow said the Winter building was approved in 2001 and at that time staff requested the applicants apply a PUD to the property; however, because the way the ordinance was written, that was not accomplished and the PUD only covered part of the project. Applying a PUD to the entire parcel has been the intent for the last dozen years. Jennifer Phelan, community development department, said it is important for staff and for applicants to have a base line of what exists on a property and what would be permitted. The Aspen Alps has a partial PUD with unclear boundaries, buildings that may or may not meet the height limit. Weiss asked about combining units. Ms. Garrow said that would require a land use application and P&Z review, regardless of whether this PUD passes or not. Ms. Tygre said if this is approved, the Alps or homeowners could come in and process a land use application for more units or for another building. Ms. Garrow said at anytime the owners could request amending their dimensional requirements. Ms. Tygre said a concern to P&Z members is the future requests, not necessarily this PUD, and the dimensional limits can be overturned. Ms. Garrow reiterated these buildings were built according to the codes in place and they are legally established non -conforming buildings in terms of most of the dimensional requirements. P&Z has to look at the review criteria and determine if this request to memorialize what is there meets the criteria. Ms. Garrow reminded P&Z that the nature of PUDs is that they are site specific; this is a unique situation and probably no other property in Aspen is half covered by a PUD. The rezoning is to clarify what was intended 12 years ago. Ms. Garrow said most land use applications in front of P&Z are for new development, the applicants are asking to vary dimensions of a building that does not exist. This application is for existing buildings; the default is today — what exists, regardless of whether there is a PUD. P&Z needs to evaluate this application based on the criteria in front of them. Ms. Garrow said if P&Z feels what is there now is inappropriate, does not fit with the neighborhood, does not fit the context of the area and if there were to be a totally new application, P&Z could say it has to comply with the underlying lodge district, that could be the recommendation. Weiss moved to extend the meeting until 7:30 to finish this item; seconded by Goode. Ali in favor, with the exception of Ms. Tygre. Motion carried. 2 Regular Meeting • Planning & Zoning Commission 0 June 11, 2013 P14 Erspamer requested the minutes regarding the intent of the PUD approval for the Alps as referred to by staff. Weiss said P&Z cannot enforce or weigh in on homeowner's association rules. P&Z reviews how this application compares to the code. Myrin said he is not comfortable approving this application based on table 4 existing non -conformities as one of the criteria is that the dimensional requirements of the underlying zone district shall be used as a guide; according to that table, none of density or unit sizes or heights would fit the dimensional requirements of the code. The code requires P&Z to use the underlying zone district as a guide and this does not match the PUD. Weiss stated the request is to memorialize something that cannot be changed without further land use review. Walterscheid suggested leaving the property as is rather than speculate what might come back as a future land use application. Ms. Tygre agreed P&Z could establish what exists on the property without making it a PUD. There is a baseline and it does not need to be memorialized in the form of a PUD. Gibbs stated the new development issue is not germane to this application. Gibbs agreed with staff there are good reasons to apply this PUD and staff has pointed out in order to deal with the Alps property in the future, it needs to be regularized and put into one coherent parcel with known dimensions and standards. Walterscheid said he does not see the necessity to change what the dimensional requirements are. Goode said although he can see staff's reasons for this proposal he can also support the P&Z members who are questioning this approval. Vann said PUD is a complex section of the city's code and if the applicants were coming in with a new development resembling what exists on site, P&Z would be correct in saying this is so far out of bounds it would not meet the requirements of the PUD section. Vann reiterated the buildings can be torn down and replaced as they exist and new structures or buildings voluntarily torn down must meet the underlying zoning dimensional requirements. One can replace existing non -conformities subject to special review approval based on the criteria if it is appropriate in the location; if it is consistent with surrounding development. The Alps is a non -conforming structure which the applicants could propose to demolish, request special review approval to put it back the way it is and if the P&Z were not inclined to give special review approval, the buildings will stand the way they are. Vann stated the idea of this is to address an aging complex and if a majority of homeowners wanted to do some work, this would remove some of the impediments. Vann said one has to assume what exists on the property is effectively the zoning; what exists today could not be built under today's code. Vann said the purpose of this application was to facilitate the Alps' ability to upgrade, maintain, reconfigure, replace and modernize their properties. Vann said the first direction from the homeowners was "do no harm"; this application was to make things consistent. Tom Todd, representing the applicant, told Council there would probably be significant discussion at homeowners meetings before any plan is approved for submittal to the city. Todd said this application is a baseline and was spurred on by the city's lodging study and the finding that 2/3 of condominium owners at the Alps rent their units and how can upgrade of the units be encouraged. Myrin moved to approve Resolution #14, recommending City Council approve a PUD amendment, rezoning to PUD and subdivision for the property located at 700 Ute Avenue; seconded by Ms. Tygre. Myrin moved to amend, Ms. Tygre withdrew her second 0 Myron moved to approve Resolution #14, recommending City Council approve a PUD amendment, rezoning to PUD and subdivision for the property located at 700 Ute Avenue that exhibit B is modified to include only the parking space column and the first two columns on the left; seconded by Ms.. Tygre. 5 • P 15 Regular Meeting Planning & Zoning Commission June 11, 2013 Myrin said his purpose is to leave the dimension and underlying zoning to what exists at the time of an application. Debbie Quinn, assistant city attorney, noted no dimensions are being established by this motion. Vann stated a PUD approval with no underlying zoning does not work. Gibbs moved to continue to June 18; seconded by Walterscheid. All in favor with the exception of Weiss, motion carried. Gibbs moved to adjourn at 7:30; seconded by Goode. All in favor, motion carried. N. Regular Meeting Aspen City Council Aueust 27, 2001 ordinance can have conditions regarding the shuttle service, bike storage, &W opened the public hearing. Fonda Pate n, Boomerang Lodge, commended Hills for bein good neighbor. Ms. aterson suggested Council conduct a site visi ith story poles to see the 1 e 4-plex. Ms. Paterson asked the Coun and applicant to consider moving is 4-plex to the west end of the blo . Ms. Paterson said the building on the ast end of the block is propo d to be located right on the alley with large pi e windows. Ms. Pate n said these may not be a good location for picture ' dows on this busy ley. Ms. Paterson said she has some suggestions on h to manage th construction so that their guests will have a good vacation erience. s. Paterson questioned restricting 3 on -site parking spaces ern oyees; these employees may not have cars and if there is parking, it sho be used. The applicants agreed. Mayor Klanderud closed the public Councilman Semrau co de the applicant for n pushing too much development on this sitcilman Semrau said he els this project is very doable. Councilman�_C�Cabe asked how the propose 6 month lease will be handled. HaFt the land use code allows an own to use up to 6 months as long as t is available the other six months fo hort-term rental. Haas said thnot gotten any further into details. Co cilman Paulson said he w�xfts to make sure the tree replacement program is s elled out. Councilma e u moved to adopt Ordinance #27, Series of 2001, on second r in deleting condition # 1 regarding leasing of the parking on 4`� street; con ed by Councilman Hershey. Roll call vote; Councilmembers Mc , yes; Paulson, yes; Semrau, yes; Hershey, yes; Mayor Klanderud, Ye . Motion carried. ORDINANCE #28, SERIES OF 2001 - Aspen Alps Rezoning/PUD Fred Jarman, community development department, told Council this is a request to redevelop lot 2B of the Aspen Alps, currently containing tennis courts. The proposed development would have a two level subgrade parking garage, including a maintenance and laundry and 3 housing units, with G� Regular Meeting Aspen City Council August 27, 2001 tennis courts on top. Jarman showed Council the surrounding land uses and their zoning and lot 2B zoned R-15/PUD, the subject of this application. This ordinance rezones the entire Alps property LTR (lodge/tourist residential). The Aspen Alps is zoned LTR, Conservation and R-15 PUD. In order to build a subgrade garage, this property needs to be rezoned. Jarman said rezoning to LTR would also allow the 3 employee units. The applicant requests a GMQS exemption for affordable housing for these 3 units as well as subdivision approval. Jarman told Council this ordinance modifies a previous Council approval regarding lot 2B. Jarman showed a rendering of the tennis courts and affordable units from Ute and from Ute Avenue south. Jarman told Council there will be a total of 69 spaces in the garage. There will not be interior circulation in the garage so there will have to be an entrance for each level. The housing authority recommends approval of the 3 employee units. This is a creative use of land, which provides employee units for the Aspen Alps in close proximity to the Alps and to the commercial core. Jarman said this is consistent with the Aspen Area Community Plan. Jarman noted the Aspen Alps does not have enough parking currently. Councilman McCabe asked if ` there is any radon on site and if so, is there a radon mitigation plan. Alan Richman, representing the Aspen Alps, told Council they have no issues with any of the conditions recommended by staff. Richman said the applicants have worked with the neighbors through P&Z. The applicants have been working on the project since 1998. The city's philosophy has been to address non -conforming status of lodges. Richman said the only reason for the request to rezone lot 2B is because of the 3 affordable units, which under the city's code is a multi -family use and multi -family use is not allowed in R-15. The other uses are allowed in R-15 as accessory to the Aspen Alps. Richman said the applicants want Council to feel confident they have control over what happens at the Alps in the future. Staff has recommended a PUD designation over the entire property, which will require review of any future development on the property. Richman noted that in 1992 Council imposed limitation on development on lots 2A and 2B. The Alps was developed in the 1960's and was not a phased plan. It was built one building at a time and because of lack of planning, there is no laundry facility, there is no 10 Regular Meeting Aspen City Council August 27, 2001 maintenance facility, and there is not adequate parking. Richman noted the surrounding land was not given over to the Alps until 1992. At that time Council approval a subdivision to allow this land to be given to the Alps. Council was concerned about the addition of several acres of land to the Alps and they did not want it to be developed for more or larger units. The Alps agreed to a deed restriction on lots 2A and 2B that this land could not be used for additional floor area or additional units. Richman requested this condition be modified for lot 2B as the Alps is proposing 5 bedrooms and 6500 square feet of floor area. This condition will be kept on lot 2A. Richman said since the Aspen Alps is a condominium, many owners leave their cars on property. The proposed parking garage will be used more as a storage facility rather than have heavy daily use. Richman stated these employee units are not mitigation for development; they are units for the Alps' needs and will be deed restricted to category 3. Mayor Klanderud opened the public hearing. Mary Gleason, adjacent property owner, said she realizes parking is needed and affordable housing is needed; however, their concern is that this area is a mine dump and a lot of excavating will be done. Ms. Gleason said they would like to be kept appraised of the nature of the materials, are they toxic, and is the mitigation plan sufficient. Jarman told Council he received an e- mail from a Gant condominium owner regarding the type of landscaping on top of this proposed structure. Mayor Klanderud closed the public hearing. Councilman Paulson asked about the conservation easement. Richman reiterated they are proposing no modifications to the restrictions on lot 2A. Matt Roberts, industrial hygienist, said his company focuses on health and safety to workers and to ambient air quality issues. Roberts said they have conducted evaluations of similar sites. The intent is to environmentally profile sites to understand the nature of the contaminants and then to develop a protective program for neighbors and for workers. Roberts said they will look into whether there is radon on this property or not. The housing is above grade, which makes radon a minimal issue. Semrau said after construction is when radon is addressed, usually through ventilation. There is no way to address it until construction. Pamela Cunningham, Aspen Alps 11 0 0 Regular Meeting Aspen City Council August 27, 2001 manager, told Council there have been radon tests around the project and there has not been a problem with radon yet. Richman pointed out conditions 7 and 8 in the ordinance, which focus on the concerns of lead and potential exposure to the neighbors. Richman said the recommendations from the environmental health department and the applicant are to make sure fugitive dust does not become a concern to the neighbors. Keeping the dust wet and suppressed is the right way to contain it. Condition #8 requires when soils tests are conducted to make city staff aware of the results and for staff to place additional requirements on the project, if necessary. Mayor Klanderud asked about the trees on site and the comment from the Gant owner that the Spruce trees along Ute avenue be replaced. Richman said he has met with the city's forester; some of the existing trees are very close to the excavation and will be difficult to save. If the trees cannot be saved, they will be replaced. The area along Ute Avenue is predominantly cottonwoods and Aspen, which Richman demonstrated with photographs. There are some spruce; however, this is not a spruce forest. The city's forester noted this forest has grown up on its own and he would like to see it recreated, if the trees come out, cottonwoods interspersed with ground cover, aspens and spruce. Richman said they do not want a line of spruce trees and they want light to get into the housing units. Councilman Hershey moved to adopt Ordinance #28, Series of 2001, on second reading; seconded by Councilman Semrau. Roll call vote; Councilmembers Paulson, yes; Hershey, yes; McCabe, yes; Semrau, yes; Mayor Klanderud, yes. Motion carried. F 2001 - Supplemental ions Mike Cain, budget diPeetor, told Council this ord' ce approves carry forward in departmental bu the asset agement carry forward projects, and departmental savings. noted deF ents can retain 50% of the savings of money not t in their t. ther 50% is split 10% city manager ce savings and 40% goes bto fund balance. Ma nderud opened the public hearing. There were no co nts. ayor Klanderud closed the public hearing. 12 P10 u_ u It::MP ul TO: Aspen Planning and Zoning Commission FROM: Jessica Garrow, Long Range Planner Justin Barker, Planner 1 , THRU: Chris Bendon, Community Development Director RE: 700 Ute Ave (Aspen Alps) — PUD, PUD Amendment, Rezoning, Subdivision Resolution No.I$ Series of 2013 MEETING DATE: June 11, 2013 APPLICANT /OWNER: Aspen Alps Homeowners Association REPRESENTATIVE: Sunny Vann, Vann Associates LOCATION: 700 Ute Ave, Aspen Alps CURRENT ZONING: Lodge (L) with a Planned Unit Development (PUD) Overlay on Parcels 4 and 7 and portions of Parcels 3 and 6 PROPOSED ZONING: Lodge (L) with a Planned Unit Development (PUD) Overlay on Parcels 1-8 The Applicant requests the existing improvements be memorialized by updating the PUD, and clarifying legal descriptions through a new Subdivision. In addition, utility easements are proposed to be upgraded to ensure utilities are located within easements. No new development is proposed. STAFF RECOMMENDATION: Staff recommends approval of the request. �. 111A +a�1� Photo: Alps location and picture of Alps 200 Building. SU VII)v i r ( bV/' -tom �}'�(,\J! t'E'� l' �,� -' ���''f`F E'a'" `; �L / l ��1� ¢Page 1 of ram} Aspen Alps P&Z Review — 6.11.2013 P11 • • REQUEST OF THE PLANNING AND ZONING COMMISSION: The Applicant is requesting the following land use approvals from the Planning and Zoning Commission: • PUD approval to add the PUD designation to the entire Aspen Alps property memorializing all existing improvements, pursuant to Land Use Code Chapter 26.445, Planned Unit Development. (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission.) • PUD Amendment to update the existing Planned Unit Development (PUD) to memorialize all existing improvements, pursuant to Land Use Code Chapter 26.445.100.13, Planned Unit Development Other Amendment. (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission.) • Subdivision approval to memorialize Parcels 1 — 8 as subdivided lots, pursuant to Chapter 26.480, Subdivision. (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission.) • Rezoning ap rp oval to establish a single PUD Overlay for the entire project area, pursuant to Chapter 26.310, Amendments to the Official Zone District Map. (City Council is the final review authorily after considering a recommendation from the Planning and Zoning Commission.) BACKGROUND AND PROJECT SUMMARY: The applicant proposes to memorialize all existing improvements on Parcels 1-8 of the Aspen Alps Condominiums, and to update all utility easements to ensure utility lines are located within the appropriate easement. No new development is proposed as part of this application. Existing Conditions and History: The Aspen Alps, located at 700 Ute Avenue is comprised of 73 multi -family residential units; three (3) affordable housing units, and a parking garage. There are eight (8) different Alps parcels — two (2) are vacant and six (6) include improvements. A summary of the parcels and existing buildings are listed in Table 1, below: Table 1: Parcel and Development Descriptions parcel # Parcel Size (Gross Area) building # / common name Current # Units 1 .612 acres; 26,668 sf 100 Building 16 2 .761 acres; 33,163 sf 200 Building 16 3 .971 acres; 42,286 sf 300, 400, 500 Buildings 22 4 .312 acres; 13,612 sf 700 Building 10 5 .514 acres; 22,939 sf 800 Building 9 6 3.402 acres; 148,182 sf Vacant Land N/A 7 .122 acres; 35,314 sf Winter Building (Parking Garage, Affordable Housing) 3 8 .049 acres; 2,126 sf Vacant Land N/A The Aspen Alps were developed incrementally beginning in 1962. In fact, the Alps was the first condominium building in the State of Colorado. Building 100 was developed in 1962, Buildings 200 — Page 2 of 6 Aspen Alps P&Z Review — 6.11.2013 • • P12 700 between 1965-1969, Building 800 in 1973, and the Winter Building in 2002. Note there is no 600 Building. Individual condominium maps and declarations were created as each phase of the Aspen Alps was constructed and sold. The recorded condominium plats are the current basis for the existing legally described parcels. Because a majority of the Alps was developed before modern subdivision .regulations, the applicant is requesting a Subdivision Review to more clearly establish the existing parcel boundaries and legal descriptions. There is one master Homeowners Association, as well as individual associations for the different buildings. The master Association also provides services to the 777 Ute At -the -Aspen Alps Condominiums, which is not part of this application. The Alps units, like The Gant, are considered Free -Market Residential Dwelling .Units with the ability to be rented on a short-term basis. The units have been occupied by owners, their guests, non -working residents, and vacationing tourists. No local working residents, as defined in the APCHA Guidelines have lived in any units. The Alps is located in the Lodge (L) Zone District. In 2001 an application was approved by the City rezoning the portion of the Alps that was zoned R-15 PUD and Conservation to Lodge — other portions of the Alps were already in the Lodge zone district. It appears the intent of the application was to add a PUD Overlay to all parcels comprising the Aspen Alps, but the Ordinance was mistakenly written to 9ply include some of those parcels. The PUD Overlay includes Parcel 4 (700 Building), Parcel 7 (Winter Building), portions of Parcel 3 (Buildings 300 and 400), and portions of Parcel 6 (Vacant Land). Buildings 100, 200, 500, and portions of vacant land do not currently include the PUD Overlay. While the entire area has essentially functioned as one PUD since 2001, staff has included a rezoning as part of this review to clearly establish that the entire Aspen Alps is zoned Lodge (L) PUD. Dimensional Information: Many of the existing dimensions do not meet the underlying Lodge Zone District dimensional requirements, and are considered legally established non -conformities. The permitted dimensions are listed in Table 2, below, and existing dimensions are in Table 3 on the next page. Tabele 7- Allnwed nimen%inns in Lodge Zone Distriet Unit Floor parcel building # / Parcel Size (Gross Unit Height Size (scl Area Setbacks Parking # common name Area) Density ft net (scl ft) Spaces livable) 1 100 Building .612 acres; 26,668 sf 7 28 feet 1,500 21,571 Front — 5 Side — 5 Rear — 5 16 2 200 Building .761 acres; 33,163 sf 9 29,590 16 1 300 - 500 Buildings .971 acres; 42,286 sf 11 35,501 22 4 700 Building .312 acres; 13,612 sf _ 4 13,157 10 5 800 Building .514 acres; 22,939 sf 4 14,503 9 Front — 12 7 Winter Building .122 acres; 35,314 sf 3 28 feet 775 — 854 7,065 East Side — 20 West Side — 15 69 Rear— 10 Page 3 of 6 Aspen Alps P&Z Review — 6.11.2013 P13 • Table 3: ExistingDimensions Unit Size (sq I parcel building # / Parcel Size Current ft net livable Floor Parking # common (Gross #Units Height' as depicted Area Setbacks (feet) name Area) on recorded (sq ft) Spaces PUD Plans) Front — 4 1 100 .612 acres; 16 2 story 1 133-1 515 21,559 East Side —11.5 16 off - Building 26,668 sf West Side —18 site Rear — 20 200 Building, 10 2 story 1,213-1,537 Front —13 2 Structure A .761 acres; North Side — 23.5 200 33,163 sf 24,100 South Side —16 27 Building, 6 3story 1,345-2,421 Rear —13 Structure B 300 Front —19.5 Building 7 1,122-2,255 South Side —19 Rear — 22 g off- 3400 .971 acres / 7 4 story 1,130-2,265 34,604 Front — 7.5 site (on Building 42,286 sf Rear —9.5 Parcel 6) 500 Front —14 Building 8 408-1,844 North Side — 7 Rear —9 Front — 8.5 12 off- 4 700 .312 acres; North Side —4.5 site (on Building 13,612 sf 10 3 story 1 475-2 973 22,789 South Side — 5.5 Parcel Rear —13 6) 800 Building - 1 3 story 2,992 Structure A 800 Front — 55 5 Building - •514 acres; 4 4 story 1,695-1,876 18,866 East Side —13.5 6 Structure B 22,393 sf West Side —11.5 Rear-4 800 Building - 4 4 story 1,606-1,989 Structure C 6 Vacant Land 3.402 acres; N/A 148,182 sf Front —17.5 7 Winter .122 acres; 3 2 story 775-854 NLA 6,289 East Side —14.5 69 Building 3 5,3 14 sf West Side — 20 Rear— 10 8 Vacant Land .049 acres; N/A 2,126 sf 1 Exact height for each building and parcel shall be recorded as part of the Final PUD Documents. Page 4of6 Aspen Alps P&Z Review — 6.11.2013 • 0 P14 Proposed PUD: No new development is proposed as part of this application. The Applicant wishes to memorialize the existing development, including all existing non -conformities, while updating utility easements. Each building has at least one non -conformity. The specific non -conformities that are proposed to be memorialized through the PUD are marked with an "X" in Table 4, below: Table 4: Existing Non -Conformities Density Floor Area Unit Size Setbacks Height Parking 100 Building X X X X X 200 Building X X X X 300 Building X X X X 400 Building X X X X 500 Building X X X X 700 Building X X X X X X 800 Building X X X X X Winter Building X STAFF COMMENTS: The project is required to comply with the PUD standards set forth in Chapter 26.445, the Subdivision standards set forth in Chapter 26.480, and the Rezoning standards set forth in Chapter 26.310. Overall, staff finds that the project the requirements set forth in the said Chapters. Staff supports establishing one, consistent, PUD for the entire Aspen Alps project as it creates consistency and reliability within the project. The Alps has been developed in its current built form since the 1960s-70s, and formally memorializing the existing dimensions is consistent with the long standing use and dimensional characteristics of the area. In addition, because the lots were created prior to subdivision regulations, staff supports the subdivision request to formally subdivide the project rather than relying on the condominium language from the 1960s. No new development is proposed, and the applicant is updating utility easements to ensure utilities are no longer located outside of proper easements. The City Utility Department and Aspen Consolidated Sanitation District commented on the application, and support the proposed easement updates. Any future development will require flow testing and updated utility infrastructure may be required. The deed restrictions on the three (3) affordable housing units were never recorded, so the applicant is working with APCHA to update and record those. The existing fire access to the Alps does not comply with the Fire District regulations. However, no changes are proposed at this time because no new development is proposed. If new development or redevelopment occurs in the future, the. Alps will be required to comply with all Fire District rules in place at the time, and Aspen Alps Road will need to be modified in a manner acceptable to the Fire District. Based on information available today, the right of way will need to be expanded, a turnaround to accommodate fire vehicles, and building sprinklers will be required. The City Engineering Department is concerned about runoff and mudflow on the site. Any new development or redevelopment will require compliance with all applicable regulations, including the City's Urban Runoff Management Plan, in place at the time of said development. Based on information Page 5of6 Aspen Alps P&Z Review — 6.11.2013 P15 0 • available today, staff anticipates that, at a minimum, drainage conveyance for any redevelopment of Buildings 300 - 700 will need to be accommodated on Parcel 6 and as part of an updated Aspen Alps Road. Drainage easements will likely be required as part of any future redevelopment. Overall, staff finds that the proposed changes are consistent with the review criteria for Subdivision, PUD, and Rezoning. RECOMMENDATION: Staff recommends approval of the project, with the following conditions: 1. The existing dimensions are memorialized by this approval. Any changes to the building dimensions will require a PUD Amendment, pursuant to the Land Use Code in effect at the time. 2. All dimensions shall be documented in the Final PUD Documents. The applicant has not indicated exact heights as part of the land use application. These are required to be included as part of the Final PUD Documents. 3. Any future development is required to comply with all City rules and regulations in place at that time. 4. Updated deed restrictions shall be recorded for the three (3) affordable housing units prior to or simultaneously with the recordation of the Final PUD and Subdivision Documents. 5. All utility easements shall be updated to ensure the utility line is located within proper easements. a. Any water lines not located in a Right of Way shall require an easement. Twenty (20) foot easements are preferred, and required to the extent the existing development can accommodate them. b. All sewer lines shall be located within easements acceptable to the ACSD, including the main line located in Alps Road and all extensions into the property. PROPOSED MOTION: "I move to approve Resolution #-ft, Series 2013, recommending City Council approve a PUD Amendment, PUD review, Rezoning, and Subdivision for the Aspen Alps that memorializes the existing development." Attachments Exhibit A - PUD Review Criteria, Staff Findings Exhibit B - Subdivision Review Criteria, Staff Findings Exhibit C - Rezoning Review Criteria, Staff Findings Exhibit D - DRC Comments Exhibit E - Application Page 6 of 6 Aspen Alps P&Z Review - 6.11.2013 • • P16 RESOLUTION NO. tq, (SERIES OF 2013) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT, REZONING TO PUD, AND SUBDIVISION FOR THE PROPERTY LOCATED AT 700 UTE AVE (THE ASPEN ALPS CONDOMINIUMS), LEGALLY DESCRIBED IN EXHIBIT A TO THIS RESOLUTION. Parcel ID: 2 73 7-182-67-800 WHEREAS, the Community Development Department received an application from The Aspen Alps Condominiums Homeowners Association, represented by Sunny Vann of Vann Associates requesting a Planned Unit Development (PUD) Amendment, Subdivision, and Rezoning to memorialize the existing improvements at the Aspen Alps Condominiums and establish a single PUD for the entire project; and, WHEREAS, the property is zoned Lodge (L) with a Planned Unit Development (PUD) Overlay on Parcels 4 and 7 and portions of Parcels 3 and 6 ; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application; and, WHEREAS, during a duly noticed public hearing on June 11, 2013, the Planning and Zoning Commission approved Resolution No. Series of 2013, by a to L — vote, recommending City Council approve PUD, Subdivision, and Rezoning reviews; and, WHEREAS, the Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Approval Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends City Council approve a PUD, Subdivision, and Rezoning for the Aspen Alps Condominiums, legally described in Exhibit A to this Resolution. Section 2: Dimensions The existing dimensions are memorialized by this approval. Any changes to the building dimensions will require a PUD Amendment, pursuant to the Land Use Code in effect at the time. All dimensions Resolution No , Series 2013 Page 1 of 6 P17 • • shall be documented in the Final PUD Documents. The applicant has not indicated exact heights as part of the land use application. These are required to be included as part of the Final PUD Documents. Approved dimensions are outlined in Exhibit B to this Resolution. Section 3: Affordable Housing Deed restrictions for the three (3) affordable housing units shall be recorded before or simultaneously with recordation of the Final PUD and Subdivision Documents. Section 4: Utilities All utility easements shall be updated to ensure the utility line is located within proper easements. Any water lines not located in a Right of Way shall require an easement. Twenty (20) foot easements are preferred, and required to the extent the existing development can accommodate them. All sewer lines shall be located within easements acceptable to the ACSD, including the main line located in Alps Road and all extensions into the property. Section 5: Code Compliance Any future development or redevelopment in the Aspen Alps PUD is required to comply with all rules and regulations in place at that time, including but not limited to fire, stormwater, building, water, sanitation, and trash requirements. Section 6• All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 7• This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 8• If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a couri of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this day of 52013. Resolution No , Series 2013 Page 2 of 6 APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Debbie Quinn, Special Counsel ATTEST: Jackie Lothian, Deputy City Clerk LJ Erspamer, Chair Exhibit A: Legal Description of The Aspen Alps Condominiums Exhibit B: Approved Dimensions Resolution No , Series 2013 Pa,-e 3 of 6 P19 • • Exhibit A: Aspen Alps Condominiums Legal Description Parcel 1: Building 100, Aspen Alps, according to the Condominium Declaration for Aspen Alps recorded December 11, 1963 in Book 205 at Page 145, as amended, and according to the Condominium Map recorded January 8, 1964 in Plat Book 2a at Page 308, County of Pitkin, State of Colorado; Parcel 2: Building 200, Aspen Alps West, according to the Condominium Declaration for Aspen Alps West recorded March 15, 1965 in Book 212 at Page 83, as amended, and according to the Condominium Map Recorded March 17, 1965 in Plat Book 3 at Page 26, Amendment No 1 Recorded February 25, 1992 in Plat Book 28 at Page 69, Second Supplemental Condominium Map Recorded July 26, 2002 in Plat Book 61 at Page 40, Third Supplemental Condominium Map Recorded October 12, 2010 in Plat Book 94 at Page 90, County of Pitkin, State of Colorado; Parcel 3: Building 300, 400, 500, Aspen Alps South Condominiums, according to the Condominium Declaration for Aspen Alps South Recorded December 1, 1965 in Book 217 at Page 189, and The First Supplement Recorded January 6, 1969 in Book 238 at Page 804, and according to The Condominium Map Recorded December 10, 1965 in Plat Book 3 at Page 54, and First Supplement Recorded December 10, 1969 in Plat Book 3 at Page 373, Second Supplement Recorded April 14, 2005 under Reception No. 508992, County of Pitkin, State of Colorado. Parcel includes a portion of Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6`h Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded in Plat Book 36 at Page 94); 1 arcel 4: Building 700, Aspen Alps South Condominiums, according to the Condominium Declaration for Aspen Alps South recorded December 1, 1965.in Book 217 at Page 189, and The First Supplement Recorded January 6, 1969 in Book 238 at Page 804, and according to the Condominium Map recorded December 10, 1965 in Plat Book 3 at Page 54, and First Supplement Recorded December 10, 1969 in Plat Book 3 at Page 373, Second Supplement recorded April 14, 2005 under Reception No. 508992, County of Pitkin, State of Colorado. Parcel includes a portion of Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6 h Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded at Plat Book 36 at Page 94); Parcel 5: Building 800, Aspen Alps North Condominiums, according to The Condominium Declaration For Aspen Alps North recorded January 31, 1973 in Book 271 at Page 967, and the Amendment recorded June 4, 1973 in Book 276 at Page 393, and Agreement to Amend Condominium Declaration for Aspen Alps North Condominiums recorded October 19, 1993 in Book 727 at Page 437, and Agreement to Amend Condominium Declaration for- Aspen Alps North Condominiums recorded October 19, 1993 in Book 727 at Page 457, and according to The Condominium Map recorded January 31, 1973, in Plat Book 4 at Page 353, and First Supplemental Condominium Map recorded October 19, 1993 in Plat Book 32 at Page 87, and Second Supplemental Condominium Map recorded October 19, 1993 in Plat Book 32 at Page 88, County of Pitkin, State of Colorado; Parcel 6: Lot 2a, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat of the George P. Mitchell and H.A. Bornefield, Jr Property, according to The Plat Thereof recorded September 3, 1992 under Reception No. 348317, County of Pitkin, State of Colorado. Parcel includes Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6`h Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded in Plat Book 36 at Page 94); Resolution No _, Series 2013 Page 4 of 6 0 • P20 Parcel 7: Lot 2b, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat of the George P. Mitchell and H.A. Bornefield, Jr Property, according to The Plat Thereof recorded September 3, 1992 under Reception No. 348317, County of Pitkin, State of Colorado; and Parcel 8: A Tract of Land Situated in The West One -Half of The Northwest One -Quarter of Section 18, Township 10 South, Range 84 West of The 6`h P.M., County of Pitkin, State of Colorado, described as follows: Beginning At The Most Southwesterly Corner of That Tract of Land Shown On The Condominium Map of Aspen Alps North Recorded in Plat Book 4 At Page 353, From Whence Corner No. 9 of Aspen Townsite Bears North 10*06'00" East 239.97 Feet and North 39*57'22" West 403.50 Feet; Thence Along The Southerly Line of Said Tract of Land South 79*05'00" East 35.72 Feet; Thence South 20*15'00" East 11.00 Feet; Thence South 03*30'00" East 12.50 Feet To Line 5-6 of The M&Y Lode, United States Mineral Survey No. 3921; Thence Along Line 5-6 of Said M&Y Lode South 44*59'00" West 67.87 Feet To Line 3-4 of The Millionaire Lode, United States Mineral Survey No. �620a; Thence Along Line 3-4 of Said Millionaire Lode North 04*30'00" East 55.20 Feet To Corner No. 4 of Said Millionaire Lode; Thence North 10*06'00" East 22.97 Feet To The Point of Beginning. Resolution No , Series 2013 Page 5 of 6 P21 • 0 Exhibit B: Approved Dimensions Unit Size (sq parcel building # / Parcel Size Current ft net livable Floor Parking # common (Gross #Units Height* as depicted Area Setbacks (feet) Spaces name Area) on recorded (sq ft) PUD Plans) Front — 4 100 .612 acres; East Side —11.5 off Building Building 26,668 sf 16 2 story 1,133-1,515 21,559 West Side —18 site Rear — 20 200 Building, 10 2 story 1,213-1,537 Front — 13 2 Structure A .761 acres; 24,100 North Side — 23.5 27 200 33,163 sf South Side —16 Building, 6 3story 1,345-2,421 Rear —13 Structure B Front —19.5 300 7 1,122-2,255 South Side —19 Building Rear —22 8 off- 400 Front — 7.5 .971 acres; site (on 3 Building 42,286 sf 7 4 story 1,130-2,265 34,604 Rear —9.5 Parcel 6) Front —14 500 8 408-1,844 North Side — 7 Building Rear-9 Front — 8.5 12 off- 700 .312 acres; North Side — 4.5 site (on 4 Building 13,612 sf 10 3 story 1,475-2,973 22,789 South Side — 5.5 Parcel Rear —13 6) 800 Building - 1 3 story 2,992 Structure A Front — 55 800 5 Building - .514 acres; 4 4 story 1,695-1,876 18,866 East Side —13.5 6 Structure B 22,393 sf West Side —11.5 Rear — 4 800 Building - 4 4 story 1,606-1,989 Structure C 6 Vacant Land 3.402 acres;N/A 148,182 sf Winter Front —17.5 Building .122 acres; East Side —14.5 7 (Parking, 35,314 sf 3 2 story 775-854 NLA 6,289 West Side — 20 69 Affordable Rear— 10 Housing) 8 Vacant Land .049 acres; N/A 2,126 sf *Exact Height for each building and parcel shall be recorded as part of the Final PUD Documents. Resolution No _, Series 2013 Page 6 of 6 i I� 0 • 2*� Exhibit A — PUD Review Criteria 26.445.050. Review standards: conceptual, final, consolidated and minor PUD. A development application for conceptual, final, consolidated, conceptual and final or minor PUD shall comply with the following standards and requirements. Due to the limited issues associated with conceptual reviews and properties eligible for minor PUD review, certain standards shall not be applied as noted. The burden shall rest upon an applicant to show the reasonableness of the development application and its conformity to the standards and procedures of this Chapter and this Title. A. General requirements. 1. The proposed development shall be compatible with the mix of development in the immediate vicinity of the parcel in terms of density, height, bulk, and architecture, as well as with any applicable adopted regulatory master plan. Staff Finding: No new development or redevelopment is proposed as a part of this application. The purpose of the PUD is to fully memorialize the existing Alps improvements, which includes 7 buildings on 5 parcels, three (3) affordable housing units and a parking garage located on Parcel 7, and various parking and road improvements All told, there are 8 parcels in the Alps (6 that include improvements, and 2 vacant parcels). The main Alps buildings range in height from 2 stories to 4 stories. Staff finds this criterion to be met. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Staff Finding: No new development or redevelopment is proposed as a part of this application. The existing development is in character with the surrounding uses, consisting mostly of multi family residential complexes and hotels. Staff finds this criterion to be met. 3. The proposed development shall not adversely affect the future development of the surrounding area. Staff Finding: No new development or redevelopment is proposed as a part of this application. The site currently has utilities that are not located in their respective easements. This is proposed to be rectified in this application by establishing new easements that correspond with existing utilities. The Water Department and Sanitation District have indicated that the applicant may be interested in upgrading those utilities, but that is it not needed at this time as they are sufficient to serve the area. Staff finds this criterion to be met. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS or GMQS allotments are available to accommodate the proposed development and will be considered prior to or in combination with, final PUD development plan review. Staff Finding: Since no new development or redevelopment is proposed as part of this application, there are not GMQS allotments required. There are three existing affordable housing units on Parcel 7 that were never deed -restricted as required. The applicant is 6.11.2013 Aspen Alps P&Z Hearing — Exhibit A, PUD Review Criteria Page 1 of 9 P23 • • aware of this and is currently working with APCHA to deed -restrict the units. Staff finds this criterion to be met. B. Establishment of dimensional requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying Zone District shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be. emphasized. Staff Finding: The PUD development plans establish dimensional requirements for all properties in a PUD. The existing dimensional requirements the applicant would like to memorialize are listed below: Parcel Parcel Parcel Parcel Parcel Parcel? Lot Size 26,668 sq. ft. 33,163 sq. ft. 42,286 sq. ft. 13,612 sq. ft. 22,939 sq. ft. 35,314 sq. ft. Density 16 units 16 units 22 units 10 units 9 units 3 units Floor Area 21,559 sq. ft. 24,100 sq. ft. 34,604 sq. ft. 22,789 sq. ft. 18,866 sq. ft. 6,289 sq. ft. Maximum 1,515 NLA 2,421 NLA 2,265 NLA 2,973 NLA 2,992 NLA 854 NLA Unit Size 300 bldg. — 19.5 ft. Front 4 ft. 13 ft. 400 bldg. — 8.5 ft. 55 ft. 17.5 ft. Setback 7.5 ft. 500 bldg. — 14 ft. 300 bldg. — 19 ft. Side East- 11.5 ft. North-23.5 ft. 400 bldg. — North4.5 ft. East-13.5 ft. 14.5 ft. Setbacks West-18 ft. South-16 ft. none South-5.5 ft. West-11.5 ft. 20 ft. 500 bldg. — 7 ft. 300 bldg. — 22 ft. Rear 20 ft. 13 ft. 4400fbldg. — 13 ft. 4 ft. 10 ft. Setback 500 bldg. — 9 ft. To be To be To be To be To be To be documented documented documented documented documented documented Height during during during during during during recordation recordation recordation recordation recordation recordation Parking 16 off -site 27 (20 off- 8 off -site 12 off -site. 6 69 site) 6.11.2013 Aspen Alps P&Z Hearing — Exhibit A, PUD Review Criteria Page 2 of 9 0 0 P24 The proposed dimensional requirements shall comply with the following: 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of and compatibility with, existing and expected future land uses in the surrounding area. b) Natural or man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking and historical resources. Staff Finding: ' The applicant only intends to memorialize the existing development dimensions. No existing features of the property will be changed as part of this application. If the applicant wishes to make any changes or propose new development in the future, a PUD Amendment and review will be required. Staff finds this criterion to be met. 2. The proposed dimensional requirements permit a scale, massing and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding: The existing open space and site coverage will not be changed as part of this application. Stafffinds this criterion to be met. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any nonresidential land uses. b) 'The varying time periods of use, whenever joint use of common parking is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the City. Staff Finding: No existing parking spaces are to be removed and no new parking spaces are proposed as part of this application. The existing parking for the Alps is accommodated in a variety of ways, depending on the parcel. These are outlined in the Table below: 6.11.2013 Aspen Alps P&Z Hearing — Exhibit A, PUD Review Criteria Page 3 of 9 P25 • • Parcel Parcel Parcel Parcel Parcel Parcel Winter building # / Building common 100 Building 200 Building 500 700 Building 800 Building (Parking, name Buildings Buildings Affordable Housing) # Units 16 16 22 10 9 3 Original St & From From Ute Ave via Aspen Alps Ute Ave via Access Original St From Spring St Road Aspen Ute Ave Mountain Road # Parking 16 off -site 27 (20 off -site) 8 off -site 12 off -site 6 69 Spaces portion of parking area encroaches onto 777 Ute Condos provided on property Sky Hotel through property exclusive 12 spaces on 69 spaces on - Form of pursuant to easement for 8 spaces on Parcel 6 (with 6 spaces on- site (general Parking 1976 parking - 20 Parcel 6 easement) site parking for Easement spaces; project) Agreement - 7 spaces 16 spaces partially on Ute Ave ROW (needs encroachment license) The existing parking scenario appears to work for the Alps. Any new development, and its associated parking requirements, would be reviewed if and when an application is made. Staff finds this criterion to be met. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal and road maintenance to the proposed development. 6.11.2013 Aspen Alps P&Z Hearing — Exhibit A, PUD Review Criteria Page 4 of 9 • • P26 Staff Finding: The Alps were developed in the early -mid 1960s, and were the first condominiums in the state of Colorado. They were developed before modern subdivision or zoning standards. Initially 77 units were developed. Over the years, 8 units were combined in various combinations, and 3 affordable housing units were added to parcel 7creating an existing total unit count of 76 units. The result is that the existing density is higher than that currently allowed by underlying zoning. Code currently would allow 38 units. The applicant does not propose to reduce the maximum allowable density. Staff finds this criterion to be met. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mudflow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. Staff Finding: As stated above, the existing density is already higher than that currently allowed by underlying zoning and the applicant does not intend to reduce the maximum allowable density. Stafffinds this criterion to be met. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more adopted goals of the community as expressed in an applicable adopted regulatory master plan. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in Subparagraphs 4 and 5, above, those areas can be avoided or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with and complimentary to, the surrounding existing and expected development pattern, land uses and characteristics. Notes: a) Lot sizes for individual lots within a PUD may be established at a higher or lower rate than specified in the underlying Zone District as long as, on average, the entire PUD conforms to the maximum density provisions of the respective Zone District or as otherwise established as the maximum allowable density pursuant to a final PUD Development Plan. 6.11.2013 Aspen Alps P&Z Hearing — Exhibit A, PUD Review Criteria Page 5 of 9 P27 • b) The approved dimensional requirements for all lots within the PUD are required to be reflected in the final PUD development plans. Staff Finding: The existing density is already higher than that currently allowed by underlying zoning. There have been no issues with the existing density. Stafffinds this criterion to be met. C. Site design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past or contribute to the identity of the town are preserved or enhanced in an appropriate manner. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate and provide visual interest and engagement of vehicular and pedestrian movement. Staff Finding: Since no new development or redevelopment is proposed as part of this application, all existing site features will be preserved. Stafffinds this criterion to be met. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Staff Finding: No changes are proposed at this time, as no new development is proposed. South Alps Road can be modified to an 18 foot road if all buildings are sprinklered upon redevelopment and an adequate turnaround is provided. The applicant will provide an explanation of the existing trash and recycling access and service areas for the record. Stafffinds this criterion to be met. 5. Adequate pedestrian and handicapped access is provided. Staff Finding: Since no new development or redevelopment is proposed as part of this application, the existing accesses will remain. Any new development will trigger accessibility and energy code requirements. Stafffinds this criterion to be met. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Staff Finding: Since no new development or redevelopment is proposed as part of this application, the existing drainage situation will remain. Any new development will trigger the need for a complete drainage plan consistent with the City of Aspen's Urban Runoff Management Plan. In addition, because of the site's location a mudflow assessment will be required if any new development is proposed. Stafffinds this criterion to be met. 7. For nonresidential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. 6.11.2013 Aspen Alps P&Z Hearing — Exhibit A, PUD Review Criteria Page 6 of 9 • P28 Staff Finding: Since no new development or redevelopment is proposed as part of this application, all existing site features will be preserved. Staff finds this criterion to be met. D. Landscape plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the City, with surrounding parcels and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well -designated treatment of exterior spaces, preserves existing significant vegetation and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding: Since no new development or redevelopment is proposed as part of this application, all existing landscape features will be preserved. Staff finds this criterion to be met. E. Architectural character. 1. Be compatible with or enhance the visual character of the City, appropriately relate to existing and proposed architecture of the property, represent a character suitable for and indicative of the intended use and respect the scale and massing of nearby historical and cultural resources. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade and vegetation and by use of non- or less -intensive mechanical systems. 3. Accommodate the storage and shedding of snow, ice and water in a safe and appropriate manner that does not require significant maintenance. 4. Emphasize quality construction and design characteristics, such as exterior materials, weathering, snow shedding and storage, and energy efficiency. Staff Finding: Since no new development or redevelopment is proposed as part of this application, the existing buildings will remain. Any new development will trigger accessibility and energy code requirements and will be required to meet all applicable design standards. Staff finds this criterion to be met. F. Lighting. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both Public Safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures and access ways is proposed in an appropriate manner. 2. All exterior lighting shall in compliance with the outdoor lighting standards unless otherwise approved and noted in the final PUD documents. Up -lighting of site features, buildings, landscape elements and lighting to call inordinate attention to the property is prohibited for residential development. 6.11.2013 Aspen Alps P&Z Hearing — Exhibit A, PUD Review Criteria Page 7 of 9 P29 • Staff Finding: Since no new development or redevelopment is proposed as part of this application, all existing lighting will remain. Any new development will be required to comply with all lighting codes. Stafffinds this criterion to be met. G. Common park, open space or recreation area. If the proposed development includes a common park, open space or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location and design of the common park, open space or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas and shared facilities together with a deed restriction against future residential, commercial or industrial development. Staff Finding: Since no new development or redevelopment is proposed as part of this application, all existing common spaces will be preserved. Future development will require compliance with all Parks standards, including tree protection standards. Staff finds this criterion to be met. H. Utilities and public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding: There are current utilities that do not lie within access easements. The applicant intends to update all easements to contain the existing utilities. The existing utilities will not be modified unless redevelopment occurs or replacement is necessary. The applicant intends to contact any property owners necessary to obtain the required easements. Staff finds this criterion to be met. I. Access and circulation. (Only standards 1 & 2 apply to minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 6.11.2013 Aspen Alps P&Z Hearing — Exhibit A, PUD Review Criteria Page 8 of 9 P30 1. Each lot, structure or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way or other area dedicated to public or private use. 2. The proposed development, vehicular access points and parking arrangement do not create traffic congestion on the roads surrounding the proposed development or such surrounding roads are proposed to be improved to accommodate the development. 3. Areas of historic pedestrian or recreational trail use, improvements of or connections to, the bicycle and pedestrian trail system and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. 4. The recommendations of adopted specific regulatory master plans, as applicable, regarding recreational trails, pedestrian and bicycle paths and transportation are proposed to be implemented in an appropriate manner. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. 6. Security gates, guard posts or other entryway expressions for the PUD or for lots within the PUD, are minimized to the extent practical. Staff Finding: Adequate access exists for all structures within the PUD. The existing access points and parking arrangements have not created issues. There are no new proposed roads, drives or trails. Aspen Alps Road will be required to be upgraded, per Fire District comments and standards, should any new development be proposed in the future. Staff finds this criterion to be met. J. Phasing of development plan. (does not apply to conceptual PUD applications) The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees -in -lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding: No phasing is proposed at this time. Staff finds this criterion is not applicable. 6.11.2013 Aspen Alps P&Z Hearing — Exhibit A, PUD Review Criteria Page 9 of 9 P31 0 0 Exhibit B — Subdivision Review Criteria 26.480.050. Review standards. A development application for subdivision review shall comply with the following standards and requirements: A. General requirements. 1. The proposed subdivision shall be compatible with the mix of development in the immediate vicinity of the parcel in terms of density, height, bulk, architecture, landscaping and open space, as well as with any applicable adopted regulatory master plan. 2. The proposed subdivision shall be consistent with the character of existing land uses in the area. 3. The proposed subdivision shall not adversely affect the future development of surrounding areas. 4. The proposed subdivision shall be in compliance with all applicable requirements of this Title. Staff Finding: The applicant proposes to memorialize the existing parcels as subdivided lots to be recorded in a subdivision plat. The lots were legally established before the current subdivision regulations. No new subdivision of land is occurring, and the existing lots will remain the same, all conforming in size and width. Staff finds this criterion to be met. B. Suitability of land for subdivision. 1. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety or welfare of the residents in the proposed subdivision. 2. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Staff Finding: No new development or redevelopment is proposed as a part of this application. The existing development has not created issues regarding land suitability or spatial pattern. Any future development will be required to address slopes, drainage, and mudflow, in accordance with the Engineering Department's standards and requirements. Stafffinds this criterion to be met. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with an applicable adopted regulatory plan, Title 28, the municipal code, the existing, neighboring development areas and/or the goals of the community. 6.11.2013 Aspen Alps P&Z Hearing — Exhibit B, Subdivision Review Criteria Page 1 of 2 • 0 P32 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. Staff Finding: The existing lots were legally established prior to the current regulations. The applicant is proposing to update and align the existing utility easements to 20 feet as required. Only new development will require flow testing and potential water line replacement. Staff finds this criterion to be met. D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Section 26.470.070.5, Demolition or redevelopment of multi -family housing. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Finding: Since no new development or redevelopment is proposed as part of this application, no new affordable housing is required. There are 3 units on parcel 7 that were never deed -restricted as required. The applicant is currently working with APCHA to deed -restrict the units. Staff finds this criterion to be met. E. School land dedication. Compliance with the School land dedication standards set forth at Chapter 26.620. Staff Finding: Since no new development or redevelopment is proposed as part of this application, School land dedication is not required. Staff finds this criterion to be met. F. Growth management approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH-PUD) without first obtaining growth management approvals if the newly created parcel(s) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. Staff Finding: Since no new development or redevelopment is proposed as part of this application, Growth Management approval is not required. Staff finds this criterion to be met. 6.11.2013 Aspen Alps P&Z Hearing — Exhibit B, Subdivision Review Criteria Page 2 of 2 P33 0 0 Exhibit C — Rezoning Review Criteria 26.310.090. Rezoning - Standards of review. In reviewing an amendment to the Official Zone District Map, the City Council and the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding: The applicant proposes to memorialize the existing development. No new development is proposed at this time. A portion of the Aspen Alps site is zoned with a PUD overlay. Extending that PUD to the entire Alps site will ensure clarity and consistency within the project. Other similar PUDs are located in the area, including The Gant. Staff finds this criterion to be met. B. Whether and the extent to which the proposed amendment would result in demands on public facilities and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools and emergency medical facilities. Staff Finding: The Alps was developed in the 1960s and 1970s and is currently served by all utilities. No new development is proposed that would require new services. The applicant is proposing to update and align the existing utility easements. Only new development will require flow testing and potential water line or sewer line replacement. Aspen Alps Road does not meet Fire District standards, and will be required to be updated should any new development be proposed in the future. At this time, no changes are required. Staff finds this criterion to be met. C. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Staff Finding: No new development is proposed as part of this application, thus no new impacts to the natural environment will occur. Staff finds this criterion to be met. D. Whether the proposed amendment is consistent and compatible with the community character in the City and in harmony with the public interest and the intent of this Title. Staff Finding: The proposal is consistent with all requirements of the Land Use Code. Staff finds this criterion to be met. 6.11.2013 Aspen Alps P&Z Hearing — Exhibit C, Rezoning Review Criteria Page 1 of 1 0 P34 Exhibit D - Aspen Alps DRC Comments Planning/Zoning • By memorializing the existing conditions, any unit wanting to expand internally, add a sky light, enclose a deck, etc will require a PUD Amendment. If the owners want the ability to change items related to height, unit size, or floor area, that needs to be built into the PUD, otherwise it's not allowed. • The application indicates the exact heights will be recorded with the final documents. We prefer to know that information now, but can work with the information in the application. • The Alps will need to record the deed restrictions for the 3 affordable housing units in the Winter Building prior to or as part of the approval. The deed restriction must be acceptable to AHPCA. Parks • Any future development will be required to comply with all Parks standards, including tree protection standards. • Any trees to be removed on the site require a tree removal permit. • No trails are planned for these properties at this time. Utilities • Electric service is through Holy Cross, so the applicant should address any concerns/issues with them. • Water is provided by the City. Any water lines not in a Right of Way require an easement. These should be 20 foot easements, as can be accommodated by the existing development. • If any future development occurs on the site, flow testing will be required, and water line replacement will be needed. Sanitation • All sewer lines must be in easements acceptable to ACSD. Based on the information, this would include the main sewer line easement for the line coming up Alps Road and a small extension into the property, as shown in the application. • In the future a couple of main line extensions into the property would help them by eliminating some of the long service lines that serve some of their existing buildings. • We can comment in detail on future development with the new applications. Fire Any new development or redevelopment will require compliance with Fire District rules and regulations. Aspen Alps Road can be modified to an 18 foot road if all buildings are sprinklered and an adequate turnaround is provided. Building • No comments at this time as no new development is proposed. 6.11.2013 Aspen Alps P&Z Hearing — Exhibit D, DRC Comments Page 1 of 2 P35 0 • Any new development will trigger accessibility and energy codes. Environmental Health • Any new development or redevelopment will trigger compliance with the City's Trash and Recycling requirements • Please provide an explanation of existing trash and recycling access and service areas for the record. Engineering • Any future development will be required to comply with all Engineering requirements, including the URMP and the mudflow hazard area regulations. Staff is concerned there are no easements related to drainage throughout the project area. Easements will be required as part of any future development. Given the limited information available related to drainage, staff anticipates at a minimum conveyance will need to be accommodated on Parcel 6 and on Aspen Alps Road. Additional items that may be required as part of any future development proposal include: o All Engineering requirements applicable to the development must listed as part of any future development application, including but not limited to those requirements specified in the code, in the URMP and the design guidelines. o General note: The design for the site must meet the Urban Runoff Management Plan Requirements. Staff was not able to determine whether or not the site will meet these requirements. A full review will be completed upon any future proposed development, when there is enough information to review. o Section 1.3.2 "Development Review Committee" of the URMP states: "Prior to the DRC review process, applicants must submit a conceptual grading and drainage site plan to the Engineering Department for approval. For complete requirements, see the conceptual review submittal checklist in Appendix A." The checklist is attached. Considering the location of the project, the applicant should also prepare a mudflow assessment. The intent of the conceptual drainage plan and mudflow assessment is to ensure that adequate planning has been incorporated into the PUD for mitigation of runoff and mudflows. o A compliant conceptual drainage plan and mudflow assessment must be submitted and approved prior to finalizing approval of any future development. Parking • No comments. 6.11.2013 Aspen Alps P&Z Hearing — Exhibit D, DRC Comments Page 2 of 2 PUBLIC NOTICE RE: ASPEN ALPS CONDOMINIUMS - PLANNED UNIT DEVELOPMENT (PUD), REZONING, AND SUBDIVISON REVIEWS NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, June 11, 2013, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Aspen Alps Condominium Association, for the property located at 700 Ute Avenue (commonly known as The Aspen Alps Condominiums), represented by Vann Associates, LLC. The applicant is requesting a Planned Unit Development (PUD)Amendment, Rezoning, and Subdivision approval to document and memorialize the existing development and update easements. The property is legally described as: Parcel 1: Building 100, Aspen Alps, according to the Condominium Declaration for Aspen Alps recorded December 11, 1963 in Book 205 at Page 145, as amended, and according to the Condominium Map recorded January 8, 1964 in Plat Book 2a at Page 308, County of Pitkin, State of Colorado; Parcel 2: Building 200, Aspen Alps West, according to the Condominium Declaration for Aspen Alps •West recorded March 15, 1965 in Book 212 at Page 83, as amended, and according to the Condominium Map Recorded March 17, 1965 in Plat Book 3 at Page 26, Amendment No 1 Recorded February 25, 1992 in Plat Book 28 at Page 69, Second Supplemental Condominium Map Recorded July 26, 2002 in Plat Book 61 at Page 40, Third Supplemental Condominium Map Recorded October 12, 2010 in Plat Book 94 at Page 90, County of Pitkin, State of Colorado; Parcel 3: Building 300, 400, 500, Aspen Alps South Condominiums, according to the Condominium Declaration for Aspen Alps South Recorded December 1, 1965 in Book 217 at Page 189, and The First Supplement Recorded January 6, 1969 in Book 238 at Page 804, and according to The Condominium Map Recorded December 10, 1965 in Plat Book 3 at Page 54, and First Supplement Recorded December 10, 1969 in Plat Book 3 at Page 373, Second Supplement Recorded April 14, 2005 under Reception No. 508992, County of Pitkin, State of Colorado. Parcel includes a portion of Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6`h Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded in Plat Book 36 at Page 94); Parcel 4: Building 700, Aspen Alps South Condominiums, according to the Condominium Declaration for Aspen Alps South recorded December 1, 1965 in Book 217 at Page 189, and The First Supplement Recorded January 6, 1969 in Book 238 at Page 804, and according to the Condominium Map recorded December 10, 1965 in Plat Book 3 at Page 54, and First Supplement Recorded December 10, 1969 in Plat Book 3 at Page 373, Second Supplement recorded April 14, 2005 under Reception No. 508992, County of Pitkin, State of Colorado. Parcel includes a portion of Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6 h Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded at Plat Book 36 at Page 94); Parcel 5: Building 800, Aspen Alps North Condominiums, according to The Condominium Declaration For Aspen Alps North recorded January 31, 1973 in Book 271 at Page 967, and the Amendment recorded June 4, 1973 in Book 276 at Page 393, and Agreement to Amend Condominium Declaration for Aspen Alps North Condominiums recorded October 19, 1993 in Book 727 at Page 437, and Agreement to Amend Condominium Declaration for Aspen Alps North Condominiums recorded October 19, 1993 in Book 727 at Page 457, and according to The Condominium Map recorded January 31, 1973, in Plat Book 4 at Page 353, and First Supplemental Condominium Map recorded October 19, 1993 in Plat Book 32 at Page 87, and Second Supplemental Condominium Map recorded October 19, • 1993 in Plat Book 32 at Page 88, County of Pitkin, State of Colorado; Parcel 6: Lot 2a, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat of the George P. Mitchell and H.A. Bometield, Jr Property, according to The Plat Thereof recorded September 3, 1992 under Reception No. 348317, County of Pitkin, State of Colorado. Parcel includes Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6`h Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded in Plat Book 36 at Page 94); Parcel 7: Lot 2b, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat of the George P. Mitchell and H.A. Bornefield, Jr Property, according to The Plat Thereof recorded September 3, 1992 under Reception No. 348317, County of Pitkin, State of Colorado; and Parcel 8: A Tract of Land Situated in The West One -Half of The Northwest One -Quarter of Section 18, • Township 10 South, Range 84 West of The 6 h P.M., County of Pitkin, State of Colorado, described as follows: Beginning At The Most Southwesterly Corner of That Tract of Land Shown On The Condominium Map of Aspen Alps North Recorded in Plat Book 4 At Page 353, From Whence Corner No. 9 of Aspen Townsite Bears North 10*06'00" East 239.97 Feet and North 39*57'22" West 403.50 Feet; Thence Along The Southerly Line of Said Tract of Land South 79*05'00" East 35.72 Feet; Thence South 20*15'00" East 11.00 Feet; Thence South 03*30'00" East 12.50 Feet To Line 5-6 of The M&Y • Lode, United States Mineral Survey No. 3921; Thence Along Line 5-6 of Said M&Y Lode South 44*59'00" West 67.87 Feet To Line 3-4 of The Millionaire Lode, United States Mineral Survey No. 3620a; Thence Along Line 3-4 of Said Millionaire Lode North 04*30'00" East 55.20 Feet To Corner No. 4 of Said Millionaire Lode; Thence North 10*06'00" East 22.97 Feet To The Point of Beginning. For further information, contact Jessica Garrow at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2780, jessica.garrow@cityofaspen.com. s/ L.1 Ersnamer, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on May 23, 2013 City of Aspen Account is 0 VSA COMMUNITY DEVELOPMENT DEPARTMENT 130 SOUTH GALENA STREET i ASPEN, CO 81611 Ireedom FOREVER SHIFRIN'G RGE P 280 ASPEN, CO 8161: Nov ?C84G6;'34; 13 i-tVl:r wifH �j T MF ,�:xv F T iu T-�; j►eyil 5HIFRIN PO 3OX 3434 BASALT CO 81621-3434 k f T u R N TO tit- NOF R • 81612 ft 9 8*0 �ftifiltl��i�f{t1fil�ifi��iit!lltiliiiftiiiiilfi��iflltilfftil COMMUNITY DEVELOPMENT DEPARTMENT 130 SOUTH GALENA STREET ASPEN, CO 81611 CHATEAU CHAUMONT CONDO ASSOC C/O CRW 720 E HYMAN AVE: ASPEN, CO 8161 IV1llSC Ciii _ i U 5 n Freedom FOREVER o 11 ii6 i_,3% 1i RETURN TO SENDER ATTEMPTED - NOT KNOWN UNABLE TO FORWARD 3C: 81611190Z30 z06Z0-0�158-t?3-?8� 81611@1902 ii„i�„►��i��iii�i��iii���ii���i���i�,,,,,i,t��ii�i��„i�,��i _ COMMUNITY DEVELOPMENT DEPARTMENT 130 SOUTH GALENA STREET ==� ASPEN, CO 81611 Liberty FOREVER WILSON JOSEPH B UND 50% INT MOY JANE W UND 50% INT 720 E DURANT AVE STE 104 ASPEN, CO 81611 nuv Ni T= 8 C. 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V 1V 11t J.J I_JV 1. 151(L t•L Z JV •J r_ _ Y. 81611@1902 II11I1111II1IIu1111I11lilt Ill Ill Iill llnrllrllIlllll111I11I1I _ r COMMUNITY DEVELOPMENT DEPARTMFN' • 130 SOUTH GALENA STREET ASPEN, CO 81611 • GRATitD JUNC710N C O 815 TEIGEN CHRI: ''ili'I""illl'lill'III'!"II""I!'I"I"I'I'lllllll" APT 507 4 WIL WATERL MCNE13 / :JNKNUtVN /1 DRMENAGE OU INCONNU C WJ,� RETURN TO SENDER RENVOI A L'EXPEDITEUR CO 81 61 1 USA PUBLIC NOTICE RE: ASPEN ALPS CONDONUNIUMS - PLANNED UNIT DEVELOPMENT (PUD), REZONING, AND SUBDIVISON REVIEWS NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, June 11, 2013, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Aspen Alps Condominium Association, for the property located at 700 Ute Avenue (commonly known as The Aspen Alps Condominiums), represented by Vann Associates, LLC. The applicant is requesting a Planned Unit Development (PUD)Amendment, Rezoning, and Subdivision approval to document and memorialize the existing development and update easements. The property is legally described as: • Parcel 1: Building 100, Aspen Alps, according to the Condominium Declaration for Aspen Alps recorded December 11, 1963 in Book 205 at Page 145, as amended, and according to the Condominium Map recorded January 8, 1964 in Plat Book 2a at Page 308, County of Pitkin, State of Colorado; Parcel 2: Building 200, Aspen Alps West, according to the Condominium Declaration for Aspen Alps • West recorded March 15, 1965 in Book 212 at Page 83, as amended, and according to the Condominium Map Recorded March 17, 1965 in Plat Book 3 at Page 26, Amendment No 1 Recorded February 25, 1992 in Plat Book 28 at Page 69, Second Supplemental Condominium Map Recorded July 26, 2002 in Plat Book 61 at Page 40, Third Supplemental Condominium Map Recorded October 12, 2010 in Plat Book 94 at Page 90, County of Pitkin, State of Colorado; Parcel 3: Building 300, 400, 500, Aspen Alps South Condominiums, according to the Condominium Declaration for Aspen Alps South Recorded December 1, 1965 in Book 217 at Page 189, and The First Supplement Recorded January 6, 1969 in Book 238 at Page 804, and according to The Condominium Map Recorded December 10, 1965 in Plat Book 3 at Page 54, and First Supplement Recorded December 10, 1969 in Plat Book 3 at Page 373, Second Supplement Recorded April 14, 2005 under Reception No. 508992, County of Pitkin, State of Colorado. Parcel includes a portion of Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6`h Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded in Plat Book 36 at Page 94); Parcel 4: Building 700, Aspen Alps South Condominiums, according to the Condominium Declaration for Aspen Alps South recorded December 1, 1965 in Book 217 at Page 189, and The First Supplement Recorded January 6, 1969 in Book 238 at Page 804, and according to the Condominium Map recorded December 10, 1965 in Plat Book 3 at Page 54, and First Supplement Recorded December 10, 1969 in Plat Book 3 at Page 373, Second Supplement recorded April 14, 2005 under Reception No. 508992, County of Pitkin, State of Colorado. Parcel includes a portion of Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6t' Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded at Plat Book 36 at Page 94); Parcel 5: Building 800, Aspen Alps North Condominiums, according to The Condominium Declaration For Aspen Alps North recorded January 31, 1973 in Book 271 at Page 967, and the Amendment recorded June 4, 1973 in Book 276 at Page 393, and Agreement to Amend Condominium Declaration for Aspen Alps North Condominiums recorded October 19, 1993 in Book 727 at Page 437, and Agreement to Amend Condominium Declaration for Aspen Alps North Condominiums recorded October 19, 1993 in Book 727 at Page 457, and according to The Condominium Map recorded January 31, 1973, in Plat Book 4 at Page 353, and First Supplemental Condominium Map recorded October 19, 1993 in Plat Book 32 at Page 87, and Second Supplemental Condominium Map recorded October 19, 1993 in Plat Book 32 at Page 88, County of Pitkin, State of Colorado; • Parcel 6: Lot 2a, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat of the George P. Mitchell and H.A. Bornefield, Jr Property, according to The Plat Thereof recorded September 3, 1992 under Reception No. 348317, County of Pitkin, State of Colorado. Parcel includes Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6`h Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded in Plat Book 36 at Page 94); Parcel 7: Lot 2b, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat of the George P. Mitchell and H.A. Bornefield, Jr Property, according to The Plat Thereof recorded September 3, 1992 under Reception No. 348317, County of Pitkin, State of Colorado; and Parcel 8: A Tract of Land Situated in The West One -Half of The Northwest One -Quarter of Section 18, • Township 10 South, Range 84 West of The 6`h P.M., County of Pitkin, State of Colorado, described as follows: Beginning At The Most Southwesterly Corner of That Tract of Land Shown On The Condominium Map of Aspen Alps North Recorded in Plat Book 4 At Page 353, From Whence Corner No. 9 of Aspen Townsite Bears North 10*06'00" East 239.97 Feet and North 39*57'22" West 403.50 Feet; Thence Along The Southerly Line of Said Tract of Land South 79*05'00" East 35.72 Feet; Thence South 20*15'00" East 11.00 Feet; Thence South 03*30'00" East 12.50 Feet To Line 5-6 of The M&Y 19 Lode, United States Mineral Survey No. 3921; Thence Along Line 5-6 of Said M&Y Lode South 44*59'00" West 67.87 Feet To Line 3-4 of The Millionaire Lode, United States Mineral Survey No. 3620a; Thence Along Line 3-4 of Said Millionaire Lode North 04*30'00" East 55.20 Feet To Corner No. 4 of Said Millionaire Lode; Thence North 10*06'00" East 22.97 Feet To The Point of Beginning. For further information, contact Jessica Garrow at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2780, jessica.garrow@cityofaspen.com. s/ LJ Erspamer, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on May 23, 2013 City of Aspen Account 0 COMMUNITY DEVELOPMENT DEPARTMEN' 130 SOUTH GALENA STREET • a fhDfF ASPEN, CO 81611 REASON FOR RETURN iaicAi: D 3i.iijC i i0H CO 8i-5 ] NOT IN UNIVERSITY DIRECTORY ] INSUFFICIENT ADORE SS DEPARTMENT MAIL CODE REQUIREC t4 LEFT NO FORWFRDWC- ADDRESS ] REFUSED ] ILLEGIBLE Itd; I ks A7ZNE=AVID & BETTE psomw '1.."y pr°1 1. 1.. `yytir/" 5 1 Freedom FOREVER T 802 07E 1 5131 00 05/26113 FsC: `3310600 ]100 i IF' 9-1641 —25-41 COMMUNITY DEVELOPMENT DEPARTMENT • 130 SOUTH GALENA STREET ASPEN, CO 81611 • ft Freedom FOREVER @ CORCORAN DANIEL PO SOX-1-881 ASPEN, CO ! X. R«? NoF , 41 ?r R4 n-1 1 !i � r 1 1 H �IY 4 H 1_I 1 1 m t i max_ V CORCORAN 'DANIEL 1618 PEMBROKE ]ONES DR WILMINGTON NC 28405-4217 IRFTHRN TO 1FNDFR Slbllt1902 Hit ill iiiIlliIIflllllildIII Milli iifiiilililliil imillid • COMMUNITY DEVELOPMENT DEPARTMENT 130 SOUTH GALENA STREET ASPEN, CO 81611 • r:�... ti.....� � ....:.- -_. Freedam .- FOREVER p BARROW MICHAEL E TRST PO BOX 9199 NORTH LITTLE - - 722 ; E 1 :; ♦ R"R ''1979-1.6579-25-41 PUBLIC NOTICE RE: ASPEN ALPS CONDOMINIUMS - PLANNED UNIT DEVELOPMENT (PUD), REZONING, AND SUBDIVISON REVIEWS NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, June 11, 2013, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Aspen Alps Condominium Association, for the property located at 700 Ute Avenue (commonly known as The Aspen Alps Condominiums), represented by Vann Associates, LLC. The applicant is requesting a Planned Unit Development (PUD)Amendment, Rezoning, and Subdivision approval to document and memorialize the existing development and update easements. The property is legally described as: Parcel 1: Building 100, Aspen Alps, according to the Condominium Declaration for Aspen Alps recorded December 11, 1963 in Book 205 at Page 145, as amended, and according to the Condominium Map recorded January 8, 1964 in Plat Book 2a at Page 308, County of Pitkin, State of Colorado; Parcel 2: Building 200, Aspen Alps West, according to the Condominium Declaration for Aspen Alps West recorded March 15, 1965 in Book 212 at Page 83, as amended, and according to the Condominium Map Recorded March 17, 1965 in Plat Book 3 at Page 26, Amendment No 1 Recorded February 25, 1992 in Plat Book 28 at Page 69, Second Supplemental Condominium Map Recorded July 26, 2002 in Plat Book 61 at Page 40, Third Supplemental Condominium Map Recorded October 12, 2010 in Plat Book 94 at Page 90, County of Pitkin, State of Colorado; Parcel 3: Building 300, 400, 500, Aspen Alps South Condominiums, according to the Condominium Declaration for Aspen Alps South Recorded December 1, 1965 in Book 217 at Page 189, and The First Supplement Recorded January 6, 1969 in Book 238 at Page 804, and according to The Condominium Map Recorded December 10, 1965 in Plat Book 3 at Page 54, and First Supplement Recorded December 10, 1969 in Plat Book 3 at Page 373, Second Supplement Recorded April 14, 2005 under Reception No. 508992, County of Pitkin, State of Colorado. Parcel includes a portion of Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6th Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded in Plat Book 36 at Page 94); Parcel 4: Building 700, Aspen Alps South Condominiums, according to the Condominium Declaration for Aspen Alps South recorded December 1, 1965 in Book 217 at Page 189, and The First Supplement Recorded January 6, 1969 in Book 238 at Page 804, and according to the Condominium Map recorded December 10, 1965 in Plat Book 3 at Page 54, and First Supplement Recorded December 10, 1969 in Plat Book 3 at Page 373, Second Supplement recorded April 14, 2005 under Reception No. 508992, County of Pitkin, State of Colorado. Parcel includes a portion of Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6th Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded at Plat Book 36 at Page 94); Parcel 5: Building 800, Aspen Alps North Condominiums, according to The Condominium Declaration For Aspen Alps North recorded January 31, 1973 in Book 271 at Page 967, and the Amendment recorded June 4, 1973 in Book 276 at Page 393, and Agreement to Amend Condominium Declaration for Aspen Alps North Condominiums recorded October 19, 1993 in Book 727 at Page 437, and Agreement to Amend Condominium Declaration for Aspen Alps North Condominiums recorded October 19, 1993 in Book 727 at Page 457, and according to The Condominium Map recorded January 31, 1973, in Plat Book 4 at Page 353, and First Supplemental Condominium Map recorded October 19, 1993 in Plat Book 32 at Page 87, and Second Supplemental Condominium Map recorded October 19, 1993 in Plat Book 32 at Page 88, County of Pitkin, State of Colorado; Parcel 6: Lot 2a, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat of the George P. Mitchell and H.A. Bomefield, Jr Property, according to The Plat Thereof recorded September 3, 1992 under Reception No. 348317, County of Pitkin, State of Colorado. Parcel includes Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6th Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded in Plat Book 36 at Page 94); Parcel 7: Lot 2b, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat of the George P. Mitchell and H.A. Bornefield, Jr Property, according to The Plat Thereof recorded September 3, 1992 under Reception No. 348317, County of Pitkin, State of Colorado; and Parcel 8: A Tract of Land Situated in The West One -Half of The Northwest One -Quarter of Section 18, Township 10 South, Range 84 West of The 6`h P.M., County of Pitkin, State of Colorado, described as follows: Beginning At The Most Southwesterly Corner of That Tract of Land Shown On The Condominium Map of Aspen Alps North Recorded in Plat Book 4 At Page 353, From Whence Corner No. 9 of Aspen Townsite Bears North 10*06'00" East 239.97 Feet and North 39*57'22" West 403.50 Feet; Thence Along The Southerly Line of Said Tract of Land South 79*05'00" East 35.72 Feet; Thence South 20* 15'00" East 11.00 Feet; Thence South 03*30'00" East 12.50 Feet To Line 5-6 of The M&Y Lode, United States Mineral Survey No. 3921; Thence Along Line 5-6 of Said M&Y Lode South 44*59'00" West 67.87 Feet To Line 3-4 of The Millionaire Lode, United States Mineral Survey No. 3620a; Thence Along Line 3-4 of Said Millionaire Lode North 04*30'00" East 55.20 Feet To Corner No. 4 of Said Millionaire Lode; Thence North 10*06'00" East 22.97 Feet To The Point of Beginning. For further information, contact Jessica Garrow at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2780, jessica.garrow@cityofaspen.com. s/ LJ Erspamer, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on May 23, 2013 City of Aspen Account ,14M,'05 S. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OZ:ZzaLlv�C�e Y1AI pS Aspen, C SCHEDULED PUBLIC HEARING DATE: STATE OF COLORADO ) ) ss. County of Pitkin ) 1, -t - qpk (name, please print) being or represe ting an Applicant to the City of Aspen, Colorado, hereby personally certify that T have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: l/ftPublication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice.. By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 20 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (Continued on next page) • C Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made.by repeal Qf this Title and enactment of a new land use regulation, or otherwise, Elie requirem6nf of an acourate survey map or other sufficient legal description of, and the notice to and listing of names-And addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was acknowled ed before me this z3 day of P'l��c.H , 20[3, by WITNESS MY HAND AND OFFICIAL SEAL My commission expires: C Notary Public ATTACHMENTS AS APPLICABLE: * COPY OF THE PUBLICATION * PHOTOGRAPH OF THE POSTED NOTICE (SIGN) * LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL * APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 PUBLIC NOTICE RE: ASPEN ALPS CONDOMINIUMS - PLANNED UNIT DEV':LOPMENT (PUD), REZONING, AND SUBDIVISON REVIEWS NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday. June 11, 2013, at a meetino to begin at 4,30 p.m. before the Aspen Planning and Zoning Commission, Council Cham- bers, City Hall, 130 S. Galena St., Aspen, to con- sider an application submitted by the Aspen Alps Condominium Association, for the property located at 700 Ute Avenue (commonly known as The As- pen Alps Condominiums), represented by Vann Associates, LLC. The applicant is requestgg a Planned Unit Development (PUD)Amendment, Re- zoning, and Subdivision approval to document and memorialize the existing development and update easements. The property is legally described as: Parcel 1: Building 100, Aspen Alps, according to the Condominium Declaration for Aspen Alps re- corded December 11, 1963 in Book 205 at Page 145. as amended, and according to the Condo- minium Map recorded January 8, 1964 in Plat Book 2a at Page 308, County of Pitkin, State of Colo- rado; Parcel 2: Building 200, Aspen Alps West, accord- ing to the Condominium Dedaration for Aspen Alps West recorded March 15, 1965 in Book 212 at Page 83, as amended, and according to the Con- dominium Map Recorded March 17, 1965 in Plat Book 3 at Page 26, Amendment No 1 Recorded February 25, 1992 in Plat Book 28 at Page 69, Second Supplemental Condominium Map Record- ed July 26, 2002 in Plat Book 61 at Page 40, Third Supplemental Condominium Map Recorded Octo- ber 12, 2010 in Plat Book 94 at Page 90, County of Pekin, State of Colorado; Parcel 3: Building 300. 400. 500, Aspen Alps South Condominiums, according to the Condominium Declaration for Aspen Alps South Recorded De- cember 1, 1965 in Book 217 at Page 189, and The First Supplement Recorded January 6, 1969 in Book 238 at Page 804, and according to The Con- dominium Map Recorded December 10. 1965 in Plat Book 3 at Page 54, and First Supplement Re- corded December 10, 1969 in Plat Book 3 at Paggee 373, Second Supplement Recorded April 14, 2005 under Reception No. 508992, County of Pitkin, State of Colorado. Parcel includes a portion of Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6th Principal Meridi- an, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Manage- ment Supplemental Plat, Dated 1995, Recorded in Plat Book 36 at Page 94); Parcel 4: Building 700, Aspen Alps South Condo- miniums, according to the Condominium Declaration for Aspen Alps South recorded December 1, 1965 in Book 217 at Page 189, and The First Supplement Recorded January 6, 1969 in Book 238 at Page 804, and according to the Condominium Map recorded December 10, 1965 in Plat Book 3 at Page 54, and First Supplement Recorded December 10, 1969 in Plat Book 3 at Page 373, Second Supplement recorded April 14, 2005 under Reception No. 508992, County of Pitkin, State of Colorado. Parcel includes a portion of Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6th Principal Meridian, County of Pitkin. State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded at Plat Book 36 at Page 94); Parcel 5: Building 800, Aspen Alps North Condominiums, according to The Condominium Declaration For Aspen Alps North recorded January 31, 1973 in Book 271 at Page 967. and the Amendment recorded June 4, 1973 in Book 276 at Page 393, and Agreement to Amend Con- dominium Declaration for Aspen Alps North Condominiums recorded October 19, 1993 in Book 727 at Page 437. and Agreement to Amend Condominium Declaration for Aspen Alps North Condominiums recorded October 19, 1993 in Book 727 at Page 457. and according to The Condo- minium Map recorded January 1, 1973, in Plat Book 4 at Pagge 353, and First Supplemental Condominium Ma recorded October 19, 1993 in Plat Book 32 at Page 87, and Second Supple- mental Condominium Map recorded October 19. 1993 in Plat Book 32 at Page 88, Ccunty of Pitkin, State of Colorado; Parcel 6: Lot 2a, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat of the George P. Mitchell and H.A. Bornefield, Jr Property, according to The Plat Thereof recorded September 3, 1992 under Reception No. 348317, County of Pitkin, State of Colorado. Parcel includes Government Lot 42, Section 18. Township 10 South, Range 84 West of The 6th Principal Merid- ian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33 per Bureau of Land Managem Recorded ient Supplemental Plat, Dated 1995, n Plat Book 36 at Page 94); Parcel 7: Lot 2b, Rapist of Lot 2, Moses L Lot Line Adjustment) and Final SOf Split (A ubdivision Plat of the George P. Mitchell and H.A. Bornefield, Jr Property, according to The Plat Thereof recorded September 3, 1992 under Reception No. 348317 County of Pitkin, State of Colorado; and Parcel 8: A Tract of Land Situated in The West One -Half of The Northwest One -Quarter of Section 18, Township 10 South, Range 84 West of The 6th P.M., County of Pitkin, State of Colorado, described as follows: Beginning At The Moshown rth t Southwesterly Comer of That Tract of Land S On The Condominium Map of Aspen Alps No Recorded in Plat Book 4 At Page 353, From Whence Corner No. 9 of Aspen Townsite Bears North 10'06'00' East 239.97 Feet and North 39'57'22' West 403.50 Feet; Thence Along The Southerly Line of Said Tract of Land South 79'05'00' East 35.72 Feet; Thence South 20'15'00' East 1100 Feet; Thence South 03.30'00' East 12.50 Feet To Line 5-6 of The M&Y Lode, United States Mineral Survey No. 3921; Thence Along Line 5-6 of Said M&Y Lode South 44.59'00' West 67.87 Feet To Line 3-4 of The Millionaire Lode, United States Mineral Survey No. 3620a; Thence Along Line 3-4 of Said Millionaire Lode North 04.30'00' East 55.20 Feet To Corner No. 4 of Said Millionaire Lode; Thence North 10'o6'00' East 22.97 Feet To The Point of Beginning. For further information, contact Jessica Garrow at the City of Aspen Community Development Department, 130 S. Galena St.n, , Aspen CO, (970 429 2780, iessica carrow®ctn;Qn ) 11 LJ Erspamer, Chair Aspen Planning and Zoning Commission Published in the Aspen Times Weekly on May 23, 2013- 19199113] 6 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 7100 L3� AVEN '� , aspen, CO SCHEDULED PUBLIC HEARING DATE: "J-�jN- V� , 2013 STATE OF COLORADO ) ss. County of Pitkin ) 1. fl M E s 1%:E TRAN C tp' (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following nmtmer: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials. which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height_ Said notice was posted at least fifteen (15) days prior to the public hearing on the _ day of , 20____, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. _ Mailing of notice. By the mailing of a notice obtained from the Community Development Department. which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was band delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property- subject to the development application_ The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing_ A copy of the oivners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach swnlnant inchuding the method of public notification and a cops of ain• documentation that was presented to the public is attached hereto. (continued on nest page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing oil the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions. SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subiect to this notice requirement_ Re=orung or test amendineru. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or wdienever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otlien%4se, the requirement of an accurate survey map or other sufficient legal description of and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours fo r en days prior to the public hearing Oil such amendments. The foregoing "Affidavit of Notice" was of 0, 20/ 3 by._ Signature A-1 before me this (Tay > fol�n�l WITNESS MY HAND AND OFFICIAL SEAL My coinipission expires- J J %/ % M) Notary Public ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERMVENTAL AGENCIES NOTICED BYMAIL • APPLICANT CERTIFICATION OF.,VINERAL EST.4E OWNERS _NOTICE AS REQUIRED BY C.R.S. §2I-65.5-103.3 • PUBLIC NOTICE • RE: ASPEN ALPS CONDOMINIUMS - PLANNED UNIT DEVELOPMENT (PUD), REZONING, AND SUBDIVISON REVIEWS NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, June 11, 2013, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Aspen Alps Condominium Association, for the property located at 700 Ute Avenue (commonly known as The Aspen Alps Condominiums), represented by Vann Associates, LLC. The applicant is requesting a Planned Unit Development (PUD)Amendment, Rezoning, and Subdivision approval to document and memorialize the existing development and update easements. The property is legally described as: Parcel 1: Building 100, Aspen Alps, according to the Condominium Declaration for Aspen Alps recorded December 11, 1963 in Book 205 at Page 145, as amended, and according to the Condominium Map recorded January 8, 1964 in Plat Book 2a at Page 308, County of Pitkin, State of Colorado; Parcel 2: Building 200, Aspen Alps West, according to the Condominium Declaration for Aspen Alps West recorded March 15, 1965 in Book 212 at Page 83, as amended, and according to the Condominium Map Recorded March 17, 1965 in Plat Book 3 at Page 26, Amendment No 1 Recorded February 25, 1992 in Plat Book 28 at Page 69, Second Supplemental Condominium Map Recorded July 26, 2002 in Plat Book 61 at Page 40, Third Supplemental Condominium Map Recorded October 12, 2010 in Plat Book 94 at Page 90, County of Pitkin, State of Colorado; Parcel 3: Building 300, 400, 500, Aspen Alps South Condominiums, according to the Condominium Declaration for Aspen Alps South Recorded December 1, 1965 in Book 217 at Page 189, and The First Supplement Recorded January 6, 1969 in Book 238 at Page 804, and according to The Condominium Map Recorded December 10, 1965 in Plat Book 3 at Page 54, and First Supplement Recorded December 10, 1969 in Plat Book 3 at Page 373, Second Supplement Recorded April 14, 2005 under Reception No. 508992, County of Pitkin, State of Colorado. Parcel includes a portion of Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6�h Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded in Plat Book 36 at Page 94); Parcel 4: Building 700, Aspen Alps South Condominiums, according to the Condominium Declaration for Aspen Alps South recorded December 1, 1965 in Book 217 at Page 189, and The First Supplement Recorded January 6, 1969 in Book 238 at Page 804, and according to the Condominium Map recorded December 10, 1965 in Plat Book 3 at Page 54, and First Supplement Recorded December 10, 1969 in Plat Book 3 at Page 373, Second Supplement recorded April 14, 2005 under Reception No. 508992, County of Pitkin, State of Colorado. Parcel includes a portion of Government Lot 42, Section 18, Township 10 South, Range 84 West of The 60' Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded at Plat Book 36 at Page 94); Parcel 5: Building 800, Aspen Alps North Condominiums, according to The Condominium Declaration For Aspen Alps North recorded January 31, 1973 in Book 271 at Page 967, and the Amendment recorded June 4, 1973 in Book 276 at Page 393, and Agreement to Amend Condominium Declaration for Aspen Alps North Condominiums recorded October 19, 1993 in Book 727 at Page 437, and Agreement to Amend Condominium Declaration for Aspen Alps North Condominiums recorded October 19, 1993 in Book 727 at Page 457, and according to The Condominium Map recorded January 31, 1973, in Plat Book 4 at Page 353, an4 First Supplemental Condominium Map recorded October 19, 1993 in Plat Book 32 at Page 87, and Second Supplemental Condominium Map recorded October 19, 1993 in Plat Book 32 at Page 88, County of Pitkin, State of Colorado; Parcel 6: Lot 2a, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat of the George P. Mitchell and H.A. Bomefield, Jr Property, according to The Plat Thereof recorded September 3, 1992 under Reception No. 348317, County of Pitkin, State of Colorado. Parcel includes Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6th Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded in Plat Book 36 at Page 94); Parcel 7: Lot 2b, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat of the George P. Mitchell and H.A. Bornefield, Jr Property, according to The Plat Thereof recorded September 3, 1992 under Reception No. 348317, County of Pitkin, State of Colorado; and Parcel 8: A Tract of Land Situated in The West One -Half of The Northwest One -Quarter of Section 18, Township 10 South, Range 84 West of The 6th P.M., County of Pitkin, State of Colorado, described as follows: Beginning At The Most Southwesterly Corner of That Tract of Land Shown On The Condominium Map of Aspen Alps North Recorded in Plat Book 4 At Page 353, From Whence Corner No. 9 of Aspen Townsite Bears North 10*06'00" East 239.97 Feet and North 39*57'22" West 403.50 Feet; Thence Along The Southerly Line of Said Tract of Land South 79*05'00" East 35.72 Feet; Thence South 20*15'00" East 11.00 Feet; Thence South 03*30'00" East 12.50 Feet To Line 5-6 of The M&Y Lode, United States Mineral Survey No. 3921; Thence Along Line 5-6 of Said M&Y Lode South 44*59'00" West 67.87 Feet To Line 3-4 of The Millionaire Lode, United States Mineral Survey No. 3620a; Thence Along Line 3-4 of Said Millionaire Lode North 04*30'00" East 55.20 Feet To Corner No. 4 of Said Millionaire Lode; Thence North 10*06'00" East 22.97 Feet To The Point of Beginning. For further information, contact Jessica Garrow at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2780,jessica-garrow@cityofaspen.com. s/ LJ Erspamer, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on May 23, 2013 City of Aspen Account 0 EXHIBIT easy Peel`` Labels I A C----1 Bend along line to Use Avery© Template 51600 Feed Paper — expose Pop-up EdgeTIA 9 r 1001 UTE AVE HOA 17 LITE PLACE LLC 247 ENTERPRISE LLC 1001 LITE AVE PO BOX 1860 49 BELLEVUE PL ASPEN, CO 81611 BENTONVILLE, AR 72712 SEA BRIGHT, NJ 07760 283 ASPEN LLC 679534 ONTARIO LTD 774302 ONTARIO LTD 4809 COLE AVE #347 O ONTOADELAONTARIO W #3302 7 SONATA CRESCENT DALLAS, TX 75205 CANADAO 5H3P5, TORONTO ONTARIO CANADA M3B2C3, CANADA M5H3P5, 81611 C/O INVESTMENTS LLC 851 UTE AVENUE A LLC ABRAHAM LISE L TRUST PO BOXX C/O J 1376O 2810 REVERE ST 2500 BAYSHORE DR ASPEN, CO 81612 HOUSTON, TX 77098 NEWPORT BEACH, CA 92663 AGER REALTY LLC AGUA FRIA PROPERTIES LLC AJAX INVESTMENTS LLC 2800 ISLAND BLVD #2305 460 ST MICHAELS DR BLDG 300 730 E DURANT AVE ADVENTURA, FL 33160 SANTA FE, NM 87505 ASPEN, CO 81611 AJAX MTN INVESTMENTS LLC AJAX SLOPESIDE LLC ALDEN REALTY MANAGEMENT LLC 1101 30TH ST NW #150 240 RAMSAY RD PO BOX 2129 WASHINGTON, DC 20007 DEERFIELD, IL 60015-3438 SAN FRANCISCO, CA 94126 ALVARADO-RIOS HECTOR APPELQUIST THOMAS W TRUSTEE 50% ARNETT DAVID & BETTE PALMIRA 151 CUERNAVACA 400 LIVINGSTON ST 5333 N CAMINO REAL MORELOS MEXICO 62499, NEW HAVEN, CT 06511 TUCSON, AZ 85718 ARROWHEAD UNIT C LLC ASPEN CLUB LODGE PROPERTIES LLC 150 E BRISTOL MEDICAL BLDG #202 58AHY ASPEN COMMERCIAL LLC ATTN: KEVIN J FAY 305 E 55TH ST 501101 30TH ST #150 NEW YORK, NY 10022 NEW YORK, N NY 10115 PENTHOUSE WASHINGTON, DC 20007 ASPEN INVESTMENTS LLC ASPEN MOUNTAIN CHALET LLC ASPEN MOUNTAIN PARTNERS LLC PO BOX 3657 PO BOX 142 730 E DURANT AVE ASPEN, CO 81612 FOREST HILL ASPEN, CO 81611 NEW SOUTH WALES AUSTRALIA2651, ASPEN SKIING COMPANY LLC ASPEN VALLEY LAND TRUST ASPEN VIEW LTD PO BOX 1248 PO BOX 940 100 S MAIN AVE #300 ASPEN, CO 81612 ASPEN, CO 81612 SIDNEY, OH 45365 ASPEN WINGS PARTNERSHIP A'SUNSHINE LLC BANKS LIVING TRUST 3481 SHORE DR 201 N MILL ST 2004 STANOLIND EXCELSIOR, MN 55331 ASPEN, CO 81611 MIDLAND, TX 79705 cca:)y reel— LaDels i A � Bend along line to Use Avery® Template 51600 : Feed Paper =" expose Pop-up EdgeTM • ® � 5160@ BARDSLEY DAVID PO BOX 4153 ASPEN, CO 81612 BECK CYNTHIA 728 N BUNKER HILL AVE LOS ANGELES, CA 90012 BELL NORMAN D 215 E 79TH ST #4E NEW YORK, NY 10075 BESHARAT GERALDINE PO BOX 7 ELBERTON, GA 30635 BITTEL STEPHEN H 50% 4125 BRAJANZA ST COCONUT GROVE, FL 33133 BLOCK 106 ASSOCIATES 1000 DOLORES WAY #B CARBONDALE, CO 81623 BOHMONT LLC 133 E 80TH ST NEW YORK, NY 10075 BOUTON REV TRUST 1170 SACRAMENTO ST #11 A SAN FRANCISCO, CA 941081967 BRADLEY EDWARD JR C/O IMAC INC 263 80TH ST BROOKLYN, NY 11209 BURCH LEE T 220 NEWPORT CENTER DR #11-640 NEWPORT BEACH. 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VA 232855188 Etiquettes faciles a peter ARepliez a la hachure afin de www.averycom Utilisez le aabarit AVERY® 51601 ! -Sens de__ raveler le rPhnrri Pnn-unr^c ! 1-RM-60-AVFRY /� ! _,+_y . - wuCl_' i Use Avery® Template 51600 . 1 40 RULY HOLDINGS PTY LTD C/O LANG WALKER PO BOX 2964 ASPEN, CO 81612 SANDITEN EDWARD STANLEY PO BOX 11566 ASPEN, CO 81612 SCHALDACH NANCY 799 CRANDON BLVD APT 801 KEY BISCAYNE, FL 33149-2555 SCHNEIDER ROBERT C 3003 S ONG ST AMARILLO, TX 79109 SEAMAN SAUNDRA L 8505 ARLINGTON BLVD #210 FAIRFAX, VA 22031 SEWELL BEVERLY JEAN & RALPH BYRON 884 QUAIL RUN DR GRAND JUNCTION, CO 81505-8608 SHIFRIN GEORGE PO BOX 12280 ASPEN, CO 81612 SHULMAN ROBERT A 132 NASSAU ST #812 NEW YORK, NY 10038 SILVERMAN MARK J & NANCY C 7404 BROOKVILLE RD CHEVY CHASE, MD 20815 SIMUNOVICH JOHN & BRIGID COLETT- PO BOX 47 DROGHEDA IRELAND CO LOUTH, A Bend along line to Feed Paper expose Pop-up EdgeTM • SABLE LTD C/O HARRIS G WALTER PO BOX 11005 ASPEN, CO 81612 SARGENT ELIZABETH PO BOX 25635 MIAMI, FL 33102 SCHARLIN HOWARD R & GLORIA G 10 EDGEWATER DR APT 4A CORAL GABLES, FL 33133-6962 SCHWARZ REV TRUST 860 ARDEN RD PASADENA, CA 91106 SEAY GERALD R 320 TANGIER AVE PALM BEACH, FL 334803518 SHAPIRO CYNTHIA R TRUST 5704 DEVILLE DR EDINA, MN 55436 SHIRK JAMES A & LINDA S PO BOX 1549 BLOOMINGTON, IL 61702 SIEGEL LOIS H QPRT 6358 MANOR LANE JAMES SIEGEL SOUTH MIAMI. FL 33143 SIMON DONNA L REV TRUST 1294 ROCKRIMMON RD STAMFORD, CT 06903 SINAI ALLEN 16 HOLMES RD LEXINGTON, MA 02173 ® f 5160® SANDERS RICHARD & JOANNE 8 PARKWAY DR ENGLEWOOD, CO 80110 SAVITT STEVEN 332 WESTWOOD DR N GOLDEN VALLEY, MN 55422 SCHIRMER LESLIE M TRUST 4100 E QUINCY AVE ENGLEWOOD, CO 80113 SCHWEPPE DAVID P & VALERIE G REV TRUST 8435 NW 43RD LN OCALA, FL 34482 SEIFERT COLORADO TRUST 2421 HAMILTON DR AMES, IA 50014 SHEA SARAH H TRUST 130 VANTIS #200 ALISO, CA 92656 SHNEIDERMAN BEN A TRUST 50% 7710 WOODMONT AVE #1112 BETHESDA, MD 20814 SILTON MARTIN H & RITA PICKER PO BOX 140 BONDVILLE, VT 05340 SIMPKINS B DOUGLAS & JOHNETTE TETLOW 2921 AVALON PL HOUSTON, TX 77019 SKEGBY HOLDINGS LTD C/O OATES KNEZEVICH & GARDENSWARTZ 533 E HOPKINS AVE ASPEN, CO 81611 Etiquettes faciles a peter i A Repliez A la hachure afin de www.avery.com ' UtIIISeZ l0 aabarlt AVERYID 5160'D LSens de _ reveler le rebord Poo-u&"c ! I-ROn-GO-AWRY /J�! ­Y r e01 - LpUCID i Use Avery®Template 51606 --' Bend along line to Feed Paper expose Pop-up EdgeTM 5160® i SKILKEN STEVE & LYNNE SLOANE RICHARD A & CAROLYN J SMALL RESTON LLC 383 S THIRD ST 114 HAMMUN AVE 7311 ARROWOOD RD COLUMBUS, OH 43215 PALM BEACH, FL 33480 BETHESDA, MA 20817 SMALLPAGE LEASING LLC SMART EDWIN J SNYDER JAMES DANIEL & LINDA RAE 6316 HUMPHREYS ST 2009 MARKET ST 1225 BRAEBURN HARAHAN, LA 70123 DENVER, CO 80205-2022 FLOSSMORE, IL 60422 SOLOMON MARC F & AUDREY B SOUTH ALPS ROAD LLC SPALDING SHELLEY 9313 RAPLEY PRESERVE DR 390 PARK AVE 18TH FLOOR P.O. BOX 9564 POTOMAC, MD 20854 NEW YORK, NY 10022 ASPEN, CO 81612 SPAR CONSOLIDATED MINING & DEVELOPMENT SPENCER DAVID B ST MARYS OF ASPEN LLC 0 R L ENROD JR & ASSOC 1217 ROYAL ST #1 10241 BLUE PALM ST 2009 MARKET ST NEW ORLEANS, LA 70116 PLANTATION, FL 33324 DENVER, CO 80205-2022 STEWART SAMUEL & JACQUELINE 50% STOPEK RICHARD E & JULIE STUART TAMARA B 124 CHARLESTON PK 6311 VIA VENETIA NORTH PO BOX 3274 METAIRIE, LA 70005 DELRAY BEACH, FL 33484 ASPEN, CO 81612 STUDIO FIVE LLC SUMMERS AARON MARK SUTTON SUSAN JO PO BOX 1863 13 WILLOWDENE Cl 70 MONTCLAIR AVE #503 ASPEN, CO 81612 SOMERVILLE VICTORIA 3912 TORONTO M5P1 P7 AUSTRALIA, CANADA, TATEM H RANDOLPH III & SUE BINKLEY TAWGIN JOHN S TEIGEN CHRISTINE TRUST PO BOX 12373 129 SEA GIRT AVE APT 507 4 WILLOW ST ASPEN, CO 81612 MANASQUAN, NJ 08736 WATERLOO ONTARIO CANADA N2J 4S2, THOMAS VICTORIA THOMPSON LINDA TRUST TOBEY ROBERT W 835 E DURANT AVE #1 7140 S RIVIERA ST 41 CHERRY HILLS FARM DR ASPEN, CO 81611 AURORA, CO 80016 ENGLEWOOD, CO 80110-7113 UG VENTURES LLC LITE MESA LOT 2 LLC VALERIO JAMES & LANETTE PO BOX 2538 PO BOX 3211 PO BOX 1376 ASPEN, CO 81612 WESTPORT, CT 06880 ASPEN, CO 81612 VANTILBURG JOHANNES & JOANNE VIEREGG ROBERT TODD TRUST W PROPERTIES II LLC 1738 BERKELEY ST 2221 WYNDANCE WAY 4600 MARRIOTT DR, STE 400 SANTA MONICA, CA 90404 NORTHBROOK, IL 60062 RALEIGH, NC 27612 Etiquettes faciles a peter A Repliez a la hachure afin de i wwvv.avery.com Sens de UtillSez le aabarit AVERY©5 160© reveler le rehord Pon-unmc ! 9-RM-r(7-AVFRY �%/ ! cd5y reei�- LaDeis i A Bend along line to i ® ' Use Avery® Template 51600 Feed Paper expose Pop-up EdgeT^' 51600 WAGNER GANT PROPERTIES LLC WALDRON K BRENT & CONSTANCE K WATCHMAKER LINDA L 95% 3480 MIDDLEBELT RD PO BOX 4900 4527 BRUCE AVE WEST BLOOMFIELD, MI 48323 ASPEN, CO 81612 MINNEAPOLIS, MN 55424-1122 WEAST FAMILY TRUST WEINBERG JUDD A TRUST WEISS KATHY REV TRUST 614 CALLE MONTERA 401 N MICHIGAN AVE #3050 1609 COUNTY ROAD 112 ESCONDIDO, CA 92025 CHICAGO, IL 606115515 CARBONDALE, CO 81623 WEKSTEIN TRUST WELLS RICHARD A & SUSAN T WENDLING NAN JEAN 100 BELVIDERE ST UNIT 9A 970 POWDER LN 124 VINE ST BOSTON, MA 02199 ASPEN, CO 81611-2105 ASPEN, CO 816111500 WERNST INC WHITAKER PATRICIA D TRUST WHITE FAMILY TRUST B 5141 GLENWOOD POINTE LN NE 236 LINDEN AV 827 DEAN ST ALBUQUERQUE, NM 87111 ST LOUIS, MO 63105 ASPEN, CO 81611 WILKERSON WILLIAM REV TRUST WILLIS ANNIE D WILSON JOSEPH B UND 50% INT 321 SUNSET DR #3 601 S WESTEND ST UNIT 2 MOY JANE W UND 50% INT FT LAUDERDALE, FL 33301 ASPEN, CO 81611 720 E DURANT AVE STE 104 ASPEN, CO 81611 WOODWARD TERRY TRUST ZACHARY MARC ZOLET THERESA & DAVID 3662 BRIDGEPOINTE STURM MELANIE 17 PADDOCK CT OWENSBORO, KY 42303 PO BOX 410 POTOMAC, MD 20854 ASPEN, CO 81612 Etiquettes faciles a peler 0 Repliez a la hachure afin de www.avery.com ! Sens de Utilisez le oa6arit AVERY© S9fill� _,. _ __ _ _ ravalar la rahnrll Pnn.unPAI ' 1-Rnn-G0-AVFRY �f� � AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: %SO AUR!- COV`1�- , Aspen, CO SCHEDULED PUBLIC HEARING DATE: —t-t�sr>Ay _jc)KE 1 FTIA , 200 13 STATE OF COLORADO ) ss. County of Pitkin ) L^ /A I, Ti p= S �;,=_FWW A (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. X Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the Z day of MA`( , 20 J , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. y� Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) i Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was acknowledged before me this aA day of 20 j3, by `Dere ►c. H CJ &er &-' WITNESS MY HAND AND OFFICIAL SEAL MAYDACTORRES My commission expires: `3C�16 NOTARY PUBLIC STATE OF COL ORADO NOTARY ID 20124059560 MY COMMISSION EXPIRES SEPTEMBER 27, 2016 otary Public ATTACHMENTS AS APPLICABLE: • COPYOFTHEPUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OFMINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 .- 4•,,f � ' ~ j,��y,� .".� - - ,CIS'., 4 � 1' t � •� / . 11 PUBLIC NOTICE Date: Tuesday, June 11, 2013 Time: 4:30 PM Place: Council Chambers, City Hall, 130 S Galena St Purpose: Public hearing before the Aspen Planning & zoning Commission to consider an application submitted by. the Aspen Alps Condominium Association for this property (The Aspen Alps). The applicant requests P D rezoning, and subdivision reviews to memorialize the existing development. For further information, contact the Aspen planning Dept: 970-429-2780 9 0 Aspen Alps June 5, 2013 Ms. Jessica Garrow Aspen Community Development Office Dear Jessica, As an Aspen ZGreen Summit certified business in Aspen, I believe the first condominium complex certified as such, the Aspen Alps wants to do what it can to lower our impact on the environment. All condominiums have recycling containers, which are emptied by the housekeeping department — glass/plastic mix, plus newspapers. Recyclables are taken to the Winter building garage, 151 floor, and are processed by Waste Management. All refuse is taken from each building to our compactor, which is past the 777 Ute Building on Aspen Mountain Road. This is also processed by Waste Management. Access to recycling is in the lower garage door entrance to the Winter building, and the recyclables are stored against the "north" wall of the interior. The compactor is accessed straight up Aspen Mountain Road, just past the entrance to Ajax Condominiums, straight ahead. If you have any further questions, please feel free to contact me, 3nager 700 Ute Avenue, Aspen, Colorado 81611 (800) 228-7820 Fax (970) 920-2528 Info®aspenalps.com www.aspenalps.com Recipient of the 2005 and 2006 Greentree Award for Environmental Stewardship, Aspen ZGREEN Business • • 0 w a M + O L c 6 O O N N L +� o� O O v 3 c vLE i O L w p C a O O v) O L u N a! O Q) .� a) + y0 a! *' +� Q1 L E L c > c O p m p N > N N > L E 00 Ln M (O 4- 0C L O O 0 Q" u CJ O O' a u - U - 3 OL) ra O c c v c O n 0 D fV -o J Ln vi O D Z co C,-� k.A 'O O O O c r1 4y N M co I- C p v E N v N Ln -0 -0 v O O - E O V N m O v u u) t- E !- -O 00 :' E Ou Ou O m dp' D a1 4.1 O )n a y U 0) O U + C a C > a a n 0 •- Ln N ? 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O O O i ar 00 O O 0 0 ''' ''' O O E y S N N M M M v cj N CL m O m r\ r, 00 0 v v rn o c D p xe X W 3 U O m o 0) o r, L.n m O 00 0 ,F ` Ln Ln Ln e-7 Ln O y Q r fV of fV Lri M n rl v e-i D N Q L O O O J LL r` r ro r\ o � - 000, 0 v a aT+ r N a) fV Ln m r N m r Ln N Q N O N J p f6 N_ L V N 00 lD V m M LD V (0 lD 00 U m N ri V m Ql m V .� uN C N lD r1 .--1 rl N N lD V Ql N M L d rl N lD r,M r- Dl V .--I M i--1 c-1 Ln N N N m mQ m Q m V C LL � N Q1 U1 O N Y Y Y E EO u V) N Ln N L j OA Lw c ao c aA c ao c uo c 0o c ao c ao c m c c a a o a o o n c m m m D m D m n m M m co m m � o 0 0 0 0 0 C 0 0 0 c m V Ln n 00 00 00 N m Ln r- lL v m O. • i i Cr... _ • • Exhibit D - Aspen Alps DRC Comments Planning/Zoning • By memorializing the existing conditions, any unit wanting to expand internally, add a sky light, enclose a deck, etc will require a PUD Amendment. If the owners want the ability to change items related to height, unit size, or floor area, that needs to be built into the PUD, otherwise it's not allowed. • The application indicates the exact heights will be recorded with the final documents. We prefer to know that information now, but can work with the information in the application. • The Alps will need to record the deed restrictions for the 3 affordable housing units in the Winter Building prior to or as part of the approval. The deed restriction must be acceptable to AHPCA. Parks Any future development will be required to comply with all Parks standards, including tree protection standards. Any trees to be removed on the site require a tree removal permit. No trails are planned for these properties at this time. Utilities • Electric service is through Holy Cross, so the applicant should address any concerns/issues with them. • Water is provided by the City. Any water lines not in a Right of Way require an easement. These should be 20 foot easements, as can be accommodated by the existing development. • If any future development occurs on the site, flow testing will be required, and water line replacement will be needed. Sanitation • All sewer lines must be in easements acceptable to ACSD. Based on the information, this would include the main sewer line easement for the line coming up Alps Road and a small extension into the property, as shown in the application. • In the future a couple of main line extensions into the property would help them by eliminating some of the long service lines that serve some of their existing buildings. • We can comment in detail on future development with the new applications. Fire • Any new development or redevelopment will require compliance with Fire District rules and regulations. • Aspen Alps Road can be modified to an 18 foot road if all buildings are sprinklered and an adequate turnaround is provided. Building • No comments at this time as no new development is proposed. 6.11.2013 Aspen Alps P&Z Hearing — Exhibit D, DRC Comments Page 1 of 2 0 M • Any new development will trigger accessibility and energy codes. Environmental Health • Any new development or redevelopment will trigger compliance with the City's Trash and Recycling requirements • Please provide an explanation of existing trash and recycling access and service areas for the record. Engineering vpr" C,WVC I • All Engineering requirements"must listed as part of the PUD, including but not limited to those requirements specified in the code, in the URMP and the design guidelines. • General note: The design for the site must meet the Urban Runoff Management Plan Requirements. Staff was not able to determine whether or not the site will meet these requirements. A full review will be complete(Lwhen there is enough information to review. PX xo O ac-ff,p • Section 1.3.2 "Development Review Committee" of the URMP states: "Prior to the DRC review process, applicants must submit a conceptual grading and drainage site plan to the Engineering Department for approval. For complete requirements, see the conceptual review submittal checklist in Appendix A." The checklist is attached. Considering the location of the project, the applicant should also prepare a mudflow assessment. The intent of the conceptual drainage plan and mudflow assessment is to ensure that adequate planning has been incorporated into the PUD for mitigation of runoff and mudflows. • A compliant conceptual drainage plan and mudflow assessment must be submitted and approved prior to finalizing tke444B- aelp . 1 0< awl dova Parking • No comments. 6.11.2013 Aspen Alps P&Z Hearing — Exhibit D, DRC Comments Page 2 of 2 cwjolE �� G�f'ot.�•(r�yt.►�' r 0 0 AID Dc,nlS -Building Ho �),2ci3 �waqfi Il �� -� 6 vece� •eictS�►ny cO't MVe -61/� A� W�'rnkrTbj • elf atcrwc�cc� °-enuyy coca , a�c�.�bi.eif- y �ocCe_ F-ia-e-., " 'u-Cl -� -B v-ia� �of /i�-f� a(u� �b�l�f�s spvinl�(.�e�l � jv�a,�cryic� �Q CICWci�N X.c.i,l"e� Q� octcn)-P� olm 01 no i'�70 ) 'e" de-,) in LkAittev) &�mmcj U-hhto - �mdl vv r�z W NV�! vvhf�l'C CA �lv ocvy� S. �9 I pS ��ocid Jessica Garrow From: tom@aspensan.com Sent: Wednesday, May 08, 2013 11:15 AM To: Jessica Garrow Subject: Re: Aspen Alps DRC, May 8th Jessica, It's difficult on such a small format to see if they have represented sewer line easements in this application. The only ACSD main sewer line easement should be for the line coming up the Alps Road and a small extension into the property as shown. In the future a couple of main line extensions into the property would help them by eliminating some of the long service lines that serve some of their existing buildings. We can comment in detail on future development with the new applications. Thanks Tom ----- Original Message ----- From: Jessica Garrow To: tom(o)aspensan.com Sent: Wednesday, May 08, 2013 9:59 AM Subject: RE: Aspen Alps DRC, May 8th .Hi Tom, If they plan on doing anything else with the property or changing what exists there will be a new application to comment on. In the meantime, do you have any comments on their easement issues? Most of the utilities are not in their respective easements, so that's the main update that will occur with this application. If there's anything they need to be aware of regarding existing or future service it would be good to indicate that as well. Thanks, Jessica Jessica Garrow, AICP Long Range Planner Community Development Department City of Aspen 130 South Galena Street Aspen, CO 81611 970.429.2780 www.aspenpitkin.com ''" All City of Aspen email addresses are being changed to first name.last name@cityofaspen.com. Please update your contact list. ** Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. From: tom@aspensan.com [mailto:tom@aspensan.com] Sent: Wednesday, May 08, 2013 9:57 AM To: Jessica Garrow Subject: Re: Aspen Alps DRC, May 8th Jessica, At this time I don't think we would have any comments. Once they have an idea of what new development or improvements that they want to make, will we have another opportunity to comment? Tom ----- Original Message ----- From: Jessica Garrow To: Andy Rossello ; Brian Flynn ; Cindy Christensen ; Claude Salter; Denis Murray ; Ed Van Walraven ; Trish Aragon ; Josh Rice ; tom(a)aspensan.com ; Jackie Lothian ; Justin Barker Sent: Friday, May 03, 2013 11:45 AM Subject: RE: Aspen Alps DRC, May 8th Hi All, Just a reminder that next week is the Aspen Alps DRC — Wednesday May 8th at 1:30 in Council Chambers. Written ,comments are due back on Friday May 10`h. Let me know if you have any questions. ;Cheers, Jessica Jessica Garrow, AICP :L,,ong Range Planner Community Development Department City of Aspen .130 South Galena Street Aspen, CO 81611 970.429,2780 www.aspenpitkin.com "All City of Aspen email addresses are being changed to first name.last name@citvofaspen.com. Please update your contact list. ** Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. From: Jessica Garrow Sent: Monday, April 22, 2013 11:02 AM To: Andy Rossello; Brian Flynn; Cindy Christensen; Claude Salter; Denis Murray; Ed Van Walraven; Jerry Nye; Tim Ware; Trish Aragon; Josh Rice; John Krueger; Lynn Rumbaugh; 'tom@aspensan.com'; Ashley Perl; Jackie Lothian; Jennifer Phelan (jennifer.phelan@cityofaspen.com) Subject: Aspen Alps DRC, May 8th Dear DRC, A DRC meeting is scheduled for May 8th from 1:30 to 3:30 in Council Chambers to discuss an application submitted by the Aspen Alps. This is a detailed application, but no actual redevelopment is proposed. The applicant proposes to memorialize the existing improvements and place a PUD on the property. Only the following departments are receiving packets, as this application deals with utility and infrastructure issues: Utilities/Water, Engineering, Building, Fire, ACSD, Zoning, Parks. In addition to the application, I am sending Engineering and Building one set of full sized plans to assist in your review. Anyone else who needs to review a full set of plans, please come over to Com Dev to review as I do not have any extras to send out. If a redevelopment is proposed in the future, the project will be required to meet the codes in place at that time and a full DRC would be held to address the new development. There are some specific questions I have for other departments, which I will be emailing separately. I figured I'd save you the job of reading a 200+ page application. If anyone feels they should review this application and are not in the departments listed above, please let me know and I will send you one for review. Please note: There are some different deadlines associated with this DRC meeting because of the length of the application. The overall timeframe to respond is the same, but the actual meeting is bumped out a week. The DRC meeting will be held on May 8th, with written comments due May 101h. I hope that providing the extra time on the front end will enable you to work with the applicant, if needed, to address any issues before we meet. If the time frame for written comments does not work let me know by the end of this week (April 26`h), as it may impact our public hearing schedule. If you have any questions please let me know. Cheers, Jessica Jessica Garrow, AICP Long Range Planner Community Development Department City of Aspen 130 South Galena Street Aspen, CO 81611 970.429.2780 www.aspenpitkin.com '*.All City of Aspen email addresses are being changed to first name.last name@citvofaspen.com. Please update your contact list. ** Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. LI Jessica Garrow From: Ashley Perl Sent: Tuesday, May 07, 2013 2:25 PM To: Jessica Garrow Subject: Alps Commetns I read through the Alps packet and can't find any mention of trash and recycling. On one of the plans there is space labeled as "waste detention area", but that is as close as I could get. I also walked around over there and couldn't find much. Can we ask the applicant to describe the location, size and use of the current trash and recycling storage area? And then note that if they ever trigger the code with demo work they will need to bring the area up to code? Ashley Perl City of Aspen Environmental Health Department 130 South Galena Street Aspen, CO 81611 (970) 429-1798 Sign up for the free monthly ZGreen newsletter here. I • Date: May 16, 2013 Project: Aspen Alps City of Aspen Engineering Department DRC Comments These comments are not intended to be exclusive, but an initial response to the project packet submitted for purpose of the DRC meeting. General: All Engineering requirements must listed as part of the PUD, including but not limited to those requirements specified in the code, in the URMP and the design guidelines. Stormwater Runoff and Mudflow: General note: The design for the site must meet the Urban Runoff Management Plan Requirements. Staff was not able to determine whether or not the site will meet these requirements. A full review will be completed when there is enough information to review. Section 1.3.2 "Development Review Committee" of the URMP states: "Prior to the DRC review process, applicants must submit a conceptual grading and drainage site plan to the Engineering Department for approval. For complete requirements, see the conceptual review submittal checklist in Appendix A." The checklist is attached. Considering the location of the project, the applicant should also prepare a mudflow assessment. The intent of the conceptual drainage plan and mudflow assessment is to ensure that adequate planning has been incorporated into the PUD for mitigation of runoff and mudflows. A compliant conceptual drainage plan and mudflow assessment must be submitted and approved prior to finalizing the PUD. 0 MEMORANDUM TO: Plans were routed to those departments checked -off below: X ........... City Engineer X ........... Zoning Officer X ........... Parks Department X ........... Aspen Fire Marshal X ........... Utilities/Public Works X ........... Aspen Consolidated Sanitation District X ........... Building Department X ........... Environmental Health X ........... Holy Cross Electric ........... Housing Department ........... City Attorney ........... Streets Department ........... Historic Preservation Officer ........... Pitkin County Planning ........... County & City Disaster Coordinator ........... Police ........... Transportation ........... Parking FROM: Jessica Garrow, Community Development Department 429.2780 jessica.jzarrowgcilyofaspen.com DRC MEETING DATE: Wednesday, May 8th @ 1:30 Council Chambers PACKETS SENT: Monday, April 22, 2013 COMMENTS DUE: Friday, May 10, 2013 RE: DRC Review — 700 Ute Ave (Aspen Alps) SUMMARY: The applicant proposes to memorialize existing improvements at the Aspen Alps. No new development is proposed as part of this application, though some potential to increase usable space within the existing buildings may be included in this application (i.e. convert loft space into usable net livable space). The Aspen Alps includes seven (7) buildings built between 1962 and 1969, and is divided into 8 different lots. There are a number of utilities that do not coincide with the easements, so this application proposes to update all easements. This application primarily addresses utility and infrastructure issues, so applications are only being sent to the departments checked off above. Please bring the applications to the DRC meeting, as we'll need to re -use them for the P&Z and Council reviews. If you are not listed but are interested in reviewing the application please let me know and I'll send you a copy of the application. Please note: There are some different deadlines associated with this DRC meeting because of the length of the application. The overall timeframe to respond is the same, but the actual meeting is bumped out a Week. The DRC meeting will be held on May 8th, with written comments due May loth. I hope that providing the extra time on the front end will enable you to work with the applicant, if needed, to address any issues before we meet. If the time frame for written comments does not work let me know by the end of this week (Friday April 26th), as it may impact our public hearing schedule. THE CITY OF ASPEN Land Use Application Determination of Completeness Date: April 17, 2013 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 0025.2013.ASLU — Aspen Alps — PUD/ Subdivision The planner assigned to this case is Jessica Garrow. ❑ Your Land Use Application is incomplete: 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. -tKYour 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. Th You, ennife P lan, Deputy Director City o spen, Community Development Department For Office Use Only: Mineral Rights Notice Required Yes NoL GMQS Allotments Yes No '�C Qualifying Applications: New SPA New PUD Subdivision, SPA, or PUD (creating more than I additional lot) Residential Affordable Housing Commercial E.P.F. L� • 2?37 172 443oc5 oo26.2o f 3 - AFL -LA B Permit type jaslu IlAspen Land Use MIT Permit 1 � �' � � Address 700 UTE Apt+Suite 1700 BUILDING o City �ASPEhJ State ICO Zip 81611 ET k ! Permit Information Master permit Routing queue 1asIu07 Applied OJ 1T201? Project Status pending z Approved m Description APPLICATION FOR AASPEN ALPS CONDO ASSOCIATION Issued SPECIAL REVIRV CONCEPTUAL PUD - FINAL PUD Closed/Final 0 Submitted ISUN14Y VANN 925 6958 CIA Running pays70 Expires F122014 Owner Last name PEN ALPS CONDOMINIU First name 700 UTE A 'E ASPEN CO 81611 Phone (970) 925.7820 Address Applicant �i Owner is applicant? 0 Contrador is applicant? Last name ASPEN ALPS C� Firstnamel 700 LITE AVE ASPEN CO 81611 �i Phone 1(970) 925-7820 1 cult P 25858 Addra;s i Lender E Last name I First name E Phone 1 Address Asper&16 (server) angelas C,IG d 2q6� 7 -21-30 Cle, -F �11 � jn Sec"L ��--i �- O(F tit, -� t� �,xhibil f: -I REcsvEL-, APR 12 201? CITY OF COMMUNITY DEVELOPMENT THE ASPEN ALPS PUD/SUBDIVISION APPLICATION AN APPLICATION FOR CONSOLIDATED PLANNED UNIT DEVELOPMENT APPROVAL FOR THE ASPEN ALPS CONDOMINIUMS Submitted by: Aspen Alps Condominium Association c/o James DeFrancia Weston Capital Corporation P.O. Box 12393 Aspen, CO 81612 (970) 544-6900 April 1, 2013 Prepared by: VANN ASSOCIATES, LLC Planning Consultants P.O. Box 4827 Basalt, Colorado 81621 (970) 925-6958 1 1 1 1 1 PROJECT CONSULTANTS PROJECT MANAGER James DeFrancia Weston Capital Corporation P.O. Box 12393 Aspen, CO 81612 (970) 544-6900 PLANNER Sunny Vann Vann Associates, LLC P.O. Box 4827 Basalt, CO 81621 (970) 925-6958 ARCHITECT Derek Skalko 1 Friday Design Collaborative P.O. Box 7928 Aspen, CO 81621 (970) 309-0695 CIVIL ENGINEER Yancy Nichol, P.E. Sopris Engineering, LLC 502 Main Street, Suite A3 Carbondale, CO 81623 (970) 704-0311 SURVEYOR Mark Beckler, L.S. Sopris Engineering, LLC 502 Main Street, Suite A3 Carbondale, CO 81623 (970) 704-0311 i ATTORNEY Thomas J. Todd, Esq. Holland & Hart, LLP 600 East Main Street Aspen, CO 81611 (970) 925-3476 LANDSCAPE ARCHITECT Laura Kirk, RLA, ASLA DHM Design 311 Main Street Carbondale, CO 81623 (970) 963-6520 TABLE OF CONTENTS Section Page I. INTRODUCTION 1 II. BACKGROUND 2 III. PROJECT SITE 8 A. Parcels 1 through 8 11 B. Easements of Record 25 C. Topography/Slope Reduction 27 D. Infrastructure 29 E. Vegetation 36 IV. EXISTING DEVELOPMENT 37 A. Parcel 1: Aspen Alps 100 Building 38 B. Parcel 2: Aspen Alps 200 Building 45 C. Parcel 3: Aspen Alps 300, 400 and 57 500 Buildings D. Parcel 4: Aspen Alps 700 Building 76 E. Parcel 5: Aspen Alps 800 Building 84 F. Parcel 7: Winter Building 98 G. Summary 107 V. REVIEW REQUIREMENTS 115 A. Planned Unit Development 115 �I 1 1 1 1 1 1 1 TABLE OF CONTENTS Section Page B. Subdivision 124 C. Special Review 126 D. Vested Rights 128 A. Exhibit 1, Pre -Application Conference Summary Exhibit 2, Letter from Thomas J. Todd, Esq. re: Parcel Ownership and Permission to Apply Exhibit 3, Permission to Represent Exhibit 4, Land Use Application Form Exhibit 5, Dimensional Requirements Form Exhibit 6, Application Fee Agreement Exhibit 7, List of Property Owners Within 300 Feet B. Exhibit 1, Cunningham and Corcoran Affidavits C. Exhibit 1, Memorandum from Mark Beckler re: Aspen Alps Parcels Exhibit 2, Ute Avenue Closure Agreement Exhibit 3, Condominium Map of Aspen Alps Exhibit 4, Aspen Alps 100 Building Parking Agreement Iff TABLE OF CONTENTS Section APPENDIX (cont'd.) Page Exhibit 5, Skegby Holdings, Ltd. License Agreement Exhibit 6, Condominium Map for Aspen Alps West Exhibit 7, Aspen Alps 200 Building Parking Agreement Exhibit 8, Condominium Map of Aspen Alps South Exhibit 9, First Supplement to Condominium Map of Aspen Alps South Exhibit 10, Condominium Map of Aspen Alps North Exhibit 1 1, Replat of Lot 2 of the Moses Lot Split Exhibit 12, Lot 2 Moses Lot Split Subdivision Agreement Exhibit 13, City Council Ordinance No. 31, Series of 1992 Exhibit 14, City Council Ordinance No. 28, Series of 2001 Exhibit 15, Final PUD Plat for Parcel 7 Garage/Affordable Housing Exhibit 16, PUD/Subdivision Agreement for Parcel 7 Garage/Affordable Housing Exhibit 17, Sopris Engineering Slope Analysis Maps IV TABLE OF CONTENTS Section Page APPENDIX (cont'd.) Exhibit 18, Slope Reduction Calculations Exhibit 19, Sopris Engineering Report D. Exhibit 1, 200 Building Amended Condominium Maps Exhibit 2, First Supplement to Aspen Alps South Condominium Declaration Exhibit 3, Second Supplement to Condominium Map of Aspen Alps South Exhibit 4, 800 Building Amended Condominium Maps 11 I I. INTRODUCTION The following application requests consolidated conceptual and final planned unit development ("PUD") approval to establish the existing Aspen Alps Condominiums, which are located at 700 Ute Avenue in the City of Aspen, as conforming structures in the L, Lodge, zone district (see Pre -Application Conference Summary, Exhibit 1, Appendix A, attached hereto). Subdivision and special review approval are also requested to memorialize the parcels on which the Aspen Alps Condominiums are located as subdivided lots. Vested property rights status is requested for all approvals granted pursuant to this application. The application is submitted pursuant to Title 26, Land Use Regulations, of the Aspen Municipal Code (the "Regulations") by the Board of Managers of the Aspen Alps Condominium Association (the "Association" and hereinafter "Applicant") on behalf of the four separate condominium associations whose respective units comprise the Aspen Alps Condominiums. Permission for the Association to submit the application, and the ownership of the various parcels on which the Aspen Alps Condominiums are located, is addressed in the attached letter from Thomas J. Todd, Esq., the Association's attorney (see Exhibit 2, Appendix A). Permission for Vann Associates, LLC, Planning Consultants, to represent the Applicant is attached as Exhibit 3, Appendix A. A land use application form, dimensional requirements form, application fee agreement, and a list of property owners located within three hundred feet of the project site are attached as Exhibits 4, 5, 6 and 7, Appendix A, respectively. The application is divided into five sections. Section I provides a brief introduction to the application while Section II provides background information with respect to the Aspen Alps Condominiums and their non -conforming status. Section III describes the project site while Section IV of the application provides detailed 1 I I 0 1 development data for the existing Aspen Alps Condominiums. Section V addresses the proposed PUD's compliance with the applicable review criteria of the Regulations. For the reviewer's convenience, all pertinent documents relating to the project (e.g., condominium maps, prior approvals, etc.) are provided in the application's appendix. The appendix is bound separately and accompanies the application. While we have attempted to address all relevant provisions of the Regulations, and to provide sufficient information to enable a thorough evaluation of the application, questions may arise which require further information and/or clarification. We will provide such additional information or clarification as may be required in the course of the application's review. II. BACKGROUND The Aspen Alps Condominiums currently consist of seventy-three, multi -family residential units that are located in seven condominiumized buildings. The buildings are situated on five separate parcels of land, all of which are zoned L, Lodge, Planned Unit Development. The buildings, together with their underlying common areas and appurte- nances, are depicted on four separate condominium maps and described in four different condominium declarations. There are also four separate condominium associations that are governed by a set of corporate by-laws which names the original Aspen Alps Condominium Association as the management entity. The Association, through its Board of Managers, is the authorized representative of all of the individual unit owners, and provides day-to-day management services for the Aspen Alps Condominiums via an on - site office and staff. The Aspen Alps Condominium Association also manages and has a reciprocal common area amenities arrangement with the adjacent 777 Ute At -the -Aspen Alps 2 1 Condominiums, which are located at 777 Ute Avenue. While the eight unit 777 Ute Condominiums are considered an integral component of the Aspen Alps, as fully for all intents and purposes as the four Aspen Alps condominium associations described above, they are not a party to this application. As a relatively new project (they were constructed in 1992), it was agreed upon their incorporation into the Aspen Alps that, with the exception of common area amenities, they would not be responsible for the cost of maintenance or repair of the older Aspen Alps buildings and their associated infrastructure. The 777 Ute Condominiums and the Aspen Alps relationship is discussed in more detail in the attached letter from the Association's attorney (see Exhibit 2, Appendix A). The Aspen Alps Condominiums were developed incrementaly starting in approximately 1962 by George P. Mitchell with the construction and condominiumization of the Aspen Alps 100 Building. Interestingly, the 100 Building was the first multi- family residential structure to be condominiumized pursuant to the original Colorado Condominium Ownership Act. The Aspen Alps 200, 300, 400, 500 and 700 Buildings were constructed and condominiumized between approximately 1965 and 1969. The final building, which is referred to as the 800 Building, was condominiumized in 1973. Please note that there is no 600 Building. Individual condominium maps and declarations were prepared and recorded as each phase of the Aspen Alps Condominiums was built and sold. The four condominium associations consist of the original Aspen Alps Condominium Association, which comprises the 100 Building; the Aspen Alps West Condominium Association, which comprises the 200 Building; the Aspen Alps South Association, which comprises the 300, 400, 500 and 700 Buildings; and the Aspen Alps North Condominium Association, which comprises the 800 Building. The various condominium declarations for the Aspen Alps 3 1 LIJ 1 fi Condominiums, which have been amended numerous times over the ensuing years, are quite lengthy and are not included in the application's appendix. The documents, however, can be readily provided should the Community Development Department ("COMDEV") wish to review them. The respective condominium maps are discussed in detail in Section III of this application and are included in the appendix. While the Aspen Alps Condominiums are free market, residential dwelling units, most of the units have historically been rented on a short-term basis. Such units are a permitted use in the Lodge zone district which are allowed, but not required, to be used as short-term tourist accommodations. Currently, approximately 77 percent of the units are available for short-term rental for some portion of the year, and all of the buildings contain available rental units. While the majority of the rental units consist of two - bedroom condominiums, some three and four -bedroom units are also available. The rental program is operated and managed by the Association's on -site staff. For the last twelve months, approximately 65 percent of all reservations were attributable to the general public, a substantial portion of which were repeat guests. The remaining occupancy consisted of unit owners and/or their guests. The Aspen Alps Condominiums have historically been occupied by their owners, their guests, non -working residents, or vacationing tourists. No "working residents", as such term is defined in the Aspen/Pitkin County Housing Authority's ("APCHA") guidelines, are believed to have occupied the units (see Affidavits, Exhibit 1, Appendix B). As a result, the Aspen Alps Condominiums are exempt from the replacement requirements of Section 26.470.070.5., "Demolition or Redevelopment of Multi -Family Housing ", of the Regulations. As discussed in Section IV of this application, the Aspen Alps Condominiums are non -conforming with respect to various dimensional requirements of the Lodge zone El district. As a result, all of the condominium buildings and their respective dwelling units are subject to the non -conforming structure provisions of the Regulations. These provisions, in combination with the property's mandatory PUD designation, impose various hardships which are an impediment to the replacement of the existing Aspen Alps Condominiums. More specifically, Section 26.312.030, "Non -Conforming Structures", ' of the Regulations imposes the following limitations. • A non -conforming structure devoted to a use permitted in the zone district in which it is located may be continued in accordance with the provisions of Section 26.312.030. • While normal maintenance to non -conforming structures may be per- formed, no extension, enlargement or expansion is permitted that increases ' the non -conformity. • A non -conforming structure may not be moved unless it thereafter conforms to the dimensional requirements of the underlying zone district. • Any non -conforming structure which is purposefully demolished may only be replaced with a different structure if the replacement structure conforms to the dimensional requirements of the zone district in which it is located. Replacement of existing non -conformities, however, may be approved by the Planning and Zoning Commission ("P&Z") pursuant to Section 26.430, Special Review. While the above limitations are believed to permit the replacement of the existing ' Aspen Alps Condominiums in their current locations and, subject to the receipt of P&Z approval, the retention of their existing non -conformities, the relocation and/or Nreconfiguration of the buildings is prohibited unless they are brought into compliance F�I with the dimensional requirements of the Lodge zone district. The Regulations, however, are somewhat unclear as to whether the buildings can be replaced with a different building (i.e., a different architectural design) while maintaining their existing non -conformities. The retention of existing non -conformities is further complicated by the 1 Regulations' special review standards. Section 26.430.040.B., "Replacement of Non - Conforming Structures", requires compliance with the following standards when a non- conforming structure is proposed to be replaced. L� F u • The mass, height, density, configuration, amount of open space, landscap- ing and setbacks of the proposed development are designed in a manner which is compatible with or enhances the character of surrounding land uses and is consistent with the purposes of the zone district. • The applicant demonstrates that the proposed development will not have adverse impacts on surrounding land uses or will mitigate those impacts including, but not limited to, the effects of shading, excess traffic, availability of parking, or blocking of a designated view plane. • No dimensional variations are increased and the replacement structure represents the minimum variance that will make possible the reasonable use of the property. • There exists special characteristics unique to the property which differenti- ate the property from other properties located in the same zone district. • Literal enforcement of the dimensional provisions of the zone district would cause unnecessary hardship upon the owner by prohibiting reason- able use of the property. 2 1 1 As is discussed in Section IV of this application, the extent of the existing non - conformities substantially impedes, if not precludes, the ability to replace the Aspen Alps Condominiums in conformance with the dimensional requirements of the Lodge zone district. Given the limitations imposed by the non -conforming structure provisions of the Regulations, and the applicable special review standards, the Applicant's proposed establishment of the Aspen Alps Condominiums as conforming structures via the PUD process is believed to be the best approach to addressing the long-term viability of this important community asset. No replacement of the existing condominium units is proposed. It should be noted, however, that the Aspen Alps Condominiums are approaching 50 years in age, and replacement will prospectively be undertaken at some point in the future. Such action will require that the owners address financing, design and other related issues. At such time as replacement is proposed, having established the existing Aspen Alps Condominiums as conforming structures will greatly facilitate their replacement. The requested PUD approval will eliminate the current non -conforming status of the Aspen Alps Condominiums. Should the Applicant elect to simply replace some or all of the existing buildings, the ability to do so will be greatly simplified as a result of the requested PUD approval. Should a more ambitious redevelopment approach be preferred, an appropriate application to amend the requested PUD approval or, in the event required, a new application for PUD approval, can be submitted to address the proposed redevelopment. The PUD process can then be used to review the specifics and appropriateness of any such redevelopment proposal. The current PUD approval request also addresses the Aspen Alps Condominiums existing infrastructure (i.e., roads, utilities and drainage) and identifies possible improvements that must be accomplished in connection with any future replacement or redevelopment. 7 Il III. PROJECT SITE The Aspen Alps property consists of eight separate parcels that contain a total land area of approximately 7.43 acres or 323,744 square feet. All of the parcels and their legal descriptions are depicted on Sheets 1 and 2 of the twelve sheet Improvement Survey Plat prepared by Sopris Engineering, LLC and included herein. The remaining sheets provide more detailed survey information with respect to the individual parcels, easements of record, topography and utilities. As Sheets 1 and 2 on the following pages illustrate, Parcels 1 through 5 contain the Aspen Alps Condominiums and the seven multi -family structures in which they are located. The 100 and 200 Buildings are located on Parcels 1 and 2, respectively. The 300, 400 and 500 Buildings are located on Parcel 3, while the 700 and 800 Buildings are located on Parcels 4 and 5. Parcels 6 and 7 comprise what is described as Lots 2A and 2B on the "Replat of Lot 2, Moses Lot Split and Final Subdivision Plat of the George P. Mitchell and H.A. Bornefeld Property". Parcel 6 is undeveloped while Parcel 7 contains the Aspen Alps parking garage and affordable housing units, which are collectively referred to as the "Winter Building". Parcel 8 consists of a small undeveloped parcel of land abutting Parcels 5 and 6. As discussed in the attached memorandum from Mark Beckler of Sopris Engineering, Parcels 1 through 5 are metes and bounds parcels that were legally created in connection with the development of the Aspen Alps Condominiums and prior to the State's adoption of subdivision regulations (see Exhibit 1, Appendix Q. Parcels 6 and 7 are platted subdivision lots that were created in connection with the City's approval of the replat of Lot 2 of the Moses Lot Split. Parcel 8 is a pre-existing metes and bounds parcel that was acquired by the Association in 1993. Vehicular access to the 100 Building is provided from Original Street while access to the 200 Building is provided from Spring Street. Access to the 300, 400, 500 and 700 0 ri 1 1 1 I I IMPROVEMENT SURVEY PLAT WITH TOPOGRAPHY OF: ASPEN ALPS CONDOMINIUM ASSOCIATION A PARCEL OF LAND SITUATED IN THE NW%4 OF SECTION 18 TOWNSHIP 10 SOUTH, RANGE 84WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 1 OF 13 VICINITY MAP, CONTROLLING MONUMENTATION, PROPERTY DESCRIPTIONS, NOTES AND CERTIFICATES SURVEY NOTES PROPERTY DESCRIPTION 7� x r , T�R,�• - 1 i T q . \� g �� J +� j •vX+ 'k -'r' .'d 11 DATE Of SURVEY: APNL- JULY 2012 PAROELI T .2 JS1, sa. F_4o a' t j; 4i •ik ��- 2) DATE OF PREPARATION: JUNE- OCTOBER 2012 r . BUILDING IDD ASPEN ALPS ACCORDING TO THE CONDOMINIUM DECLARATION FOR - - ASPEN ALPS RECORDED DECEMBER 11, 19631N BOOK 205 AT PAGE 145, AS AMENDED, - /}/ Y' _ +' j t AND ACCORDING TO THE CONDOMINIUM MAP RECORDEDJANUARY 8, 19641N DITCH • / A t - i4 - �' ,RN 3) BASIS OF BEARING: ABEARING OF 539'1035'F BETWEEN ASPEN TOWNSffE CORNER NO. 9, MONUMENTED BY • A FOUND 1.25' BRASS DISK LS. K28643 AND ASPEN TOWNSRE CORNER NO. 1, MONUMENTED BY A FOUND 3.25' 1 1 _ � 1 ` r BOOK 2A AT PAGE 301-308 COUNTY OF PRgN STATE OF COLORADO I • � � ` � • I E BlM BRASS CAP DATED 1951. THIS 94515 OF BEARING B CONSISTENT WITH THE MODIFIED STATE PLANE =�, ^ w COORDINATE SYSTEM ACCORDING TO THE GPS CONTROL MONUMENTATION MAP PREPARED BY MARCIN PARCEL 2 =~- + .., ii �.'� - �, BUILDING 2DO, ASPEN ALPS WEST, ACCORDING TO THE CONDOMINIUM DECLARATION A �y��1 } I' E "/o' t !' �'• ^ `7 t i - i ENGINEERING, DATED DECEMBERIST NT (REV, E BA THE DESCRIPTIONS FOR ALL PROPERTIES SHOWN HEREON FOR ASPEN ALPS WEST RECORDED MARCH 15, 1965 IN BOOK 212 AT PAGE 83, AS - _�. "•, (' .�•'� T - ) HAVE BEEN ROTATED TO BE CONS6TEM WITH THE BASIS OF BEARING (SEE SHEET 2 FOR BOUNDARY ROTATION �� Q.-J.'J M _ ., IF1 NOTES]. AMENDED, AND ACCORDING TO THE CONDOMINIUM MAP RECORDED MARCH 17, ` 1965 IN PLAT BOOK 3 AT PAGE 26, AMENDMENT NO. 1 RECORDED FEBRUARY 25, L"2 - . - '•R '> • '0 A 7•T EN 5RI _ pE0 pnTE.- / 1:- 7 -�fc� �,f w wu oI. r'� �' - �- 4) BASIS OF SURVEY: THE OFFICIAL MAP OF THECTTY OF ASPEN, PREPARED BY G.E. BUCHANAN, DATED 1959; IN PLAT BOOK 28 AT PAGE 69, SECOND SUPPLEMENTAL CONDOMINIUM MAP " �- E _ s0's K L "•� VARIOUS MAPS OF LITE ADDITION; THE MAP Of THE SOUTH ANNEXATION TO THE CRY OF ASPEN; THE FINAL PLAT OF RECORDEDJULY 26, 20021N PLAT BOOK 6I AT PAGE 40, THIRD SUPPLEMENT AL _-•'i! ;p� IIOTLE F(y-`•ME/t SVe'».SnN e,?` L'W� q / T^ �`�7 CONDOMINIUM MAP RECORDED OCTOBER 12, 20101N PLAT BOOK 94 AT PAGE 90, j + l� u�vk'AY A a EA' • 1/• e;k +.+,•l 'K 777 UTE AVENUE TOWNHOMES, THE CONDOMINIUM PLAT OF 777 LITE, THE MAP OF ASPEN ALPS; THE {q�51oENT,ESA`f�.I-jQ�6j ?-�{ )V, �t - NAIi nlNex )'/s r ''y - CONDOMINIUM MAP OF ASPEN ALPS NORTH; THE FIRST SUPPLEMENTAL CONDOMINIUM MAP OF AS PEN ALPS COUNTY OF PITKIN, STATE OF COLORADO 4'•" 7 F/••"��� NORTH; THE SECOND SUPPLEMENTAL CONDOMINIUM MAP OF ASPEN ALPS NORTH; THE CONDOMINIUM MAD OF / r �a` flDF58Eyr' yi;t ��aa fSyy 7 ASPEN ALPS WEST: AMENDMENT NO. I TO THE CONDOMINIUM MAP OF THE ASPEN ALPS WEST; THE SECOND PARCELS {'�` -'w+s� �`- '(� E"� s SUPPLEMENTAL CONSOMINIUM MAP OF ASPEN ALPS WEST; THE THIRD SUPPLEMENTAL CONDOMINIUM MAP OF BUILDINGOMINI ANDMDE LA ASPEN OR SOUTHALPS SOUTH RECORDED TO � - 1 Ixx cOxOOMasrtlMs 1? a: Ar xIx . THE CONDOMINIUM DECLARATION FOR ASPEN ALP550UTH RECORDED DECEMBER I, i. _ -'.y; ' y, _�; _ _} -tr $, dEy` "xrnoLI �_ . -.," ASPEN ALPS WEST; THE CONDOMINIUM MAP OF ASPEN AIDS SOUTH; THE FIRST SUPPLEMENT TOTHE +G- CONDOMINIUM MAP OF ASPEN ALPS SOUTH; SUPPLEMENT TO THE CONDOMINIUM MAP 1965 IN BOOK 217 AT PAGE 189. AND THE FIRST SUPPLEMENT RECORDED JANUARY 6, - - 'eaupo.s aERARAxb ?'• - f OF ASPEN 1%9 IN BOOK 238 AT PAGE 804, AND ACCORDING TOTHE CONDOMINIUM MAP - .•i,^' '- las• ov snc uv -`�� °Odml G - ALPS SOUTH; THE ENT) AND F AL SUBDIVISION FIAT OF HOSES E GEORGE T; THE ITCHEL REPLATOF LOT 2, MORN LOT S, J R (A RECORDED DECEMBER 10, 1965 IN PLAT BOOK 3 AT PAGE 54, AND FIRST SUPPLEMENT +t 1'- -'[ t5. expsst `,�+�. - `, - Y' f -_. , LOT LINE ADIUSTME I AND FINAL SUBDIVISION PLAT OF THE GEORGE P. MRCHELL AND H. A BORNEFELD, lR is R: NAL. ��"R` f ' PROPERTY ('HOSES REPLAT'); THE FINAL PUD PLAT OF THE ASPEN ALPS PARKING AND AFFORDABLE HOUSING RECORDED DECEMBER 10, 1969 IN PLOT BOOK 3 AT PAGE 373, SECOND SUPPLEMENT y. -' \ i� `s U CiN- j - � �?' NCR i2 _ CHANPROJECE LOD 2, HOSES N LODE,IT 2N E HELL LODE, AND T U.S SURVEY GENERAL'S THE U.S. BUREAU OF LAND PLATS FOR THE RECORDED APRIL 14, 2005 UNDER RECEPTION NO. 508992, COUNTY Of PITKIN, STATE R $ PARC . - '§gVxoa RE Al ` CHANCE LODE, GMERON LODE, LITTLE HELL LODE, AND THE M&Y LODE, THE U.S. BUREAU OF LAND MANAGEMENT OF COLORADO SURVEY PLATS FOR TOWNSHIP 10 SOUTH, RANGE 94 WEST, OF THE SIXTH PRINCIPAL MERIDIAN; THE GPS CONTROL PARCELS _ UNPLATTFD 'No iS BAR ANo s , Surf' + 'L �c "f MONUMENTATKIN MAP PREPARED BY MARCIN ENGINEERING, DATED DECEMBER 12,2009(REV. 2010) ,THEUS. BUILDING7DO, ASPEN ALPS SOUTH CONDOMINIUMS, ACCORDING TO THE - - Lt-" 'Aa 1 t_s '.,,,:s _f w BLM SURVEY OF TOWNSHIP lO SOUTH, RANGE 84 WEST, OFTHE SORH PRINCIPAL MERIDIAN DATED FEBRUARY I4, GOV'T LOT 2 _ 4i 2:15: _ '! 1960 ANDTHE U.S. BlM SUPPLEMENTAL PLAT OF TOWNSHIP 10 SOLITH, RANGE 6f WEST OF THE SIXTH PRINCIPAL CONDOMINIUM DECORATION FOR ASPEN ALPS SOUR1 RECORDED DECEMBER 1, _ - PHF z - ' MERIDIAN DATED MARCH 17, 1995, VARIOUS DOCUMENTS OF RECORD, AND THE FOUND MONUMENTS, AS SHOWN. 19651N BOOK 217 AT PAGE 189, AND THE FIRST SUPPLEMENT RECORDEDJANUARY 6, iOWDtlai5N.:NO o Sti 1969 IN BOOK 238 AT PAGE 804, AND ACCORDING TO THE CONDOMINIUM MAP ice• ONASI{ cas _ ' - r • 5) BASIS OF ELEVATION: AN ELEVATION OF 7911.98' (NAVD 1998) ON THE NGS STATION'0-159" , PERTHE 2009 CITY ''10�n p N h % OF ASPEN GPS CONTROL SURVEY. THIS ESTABLISHED THE LOCAL SITE BENCHMARK OF 7976.69' ON ASPEN TOWNSTTE RECORDED DECEMBER 10, 19651N POT BOOK 3 AT PAGE 54, AND FIRST SUPPLEMENT LS.-n0 SSacZ Y-." � i`'• RECORDED DECEMBER 10, 19691N POT BOOK 3 AT PAGE 373, SECOND SUPPLEMENT - AsvEN SM�NG :OMrFxrt: ' F'`f' 4�V ARK Rf(.. a CORNER NO. I, AS SHOWN. RECORDED APR 14, 2005 UNDER RECEPTION NO. 50899Z COUNTY OF PITION, STATE - to" APPARENTOVERLAP O .- - OFCOLORADO O _ UTIIE NELL st"B ON PARCELS _ - - l - > } 6) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPR6 ENGINEERING, LLC (SE) TO DETERMINE �-T OW NERSHIP OR EASEMENTS Of RECORD. FOR ALL INFORMATION REGARDING EASEMENTS, RIGHTS OF WAY BUILDING 900, ASPEN ALPS NORTH CONDOMINIUMS, ACCORDING TO THE UNPLP.TTEO tut tl' - - - AND/OR TITLE OF RECORD, SE RELIED UPON THE PROPERTY INFORMATION BINDERS PREPARED BY LAND TITLE CONDOMINIUM DECORATION FOR ASPEN ALPS NORTH RECORDED JANUARY 31, 1973 GOV'T LOT 32 - -^.!iF . -- _ •- GUARANTEE COMPANY UNDER ORDER NO. ARZ62004415, DATED DECEMBER 28, 2011, ORDER NO. ABZ62OD4416, IN BOOK CONDOMINIUM AT DACE RAT AND THE AMENDMENT RECORDED DUNE A TSAR IN BOOK - 'r F DATED JANUARY 4, 2012, ORDER NO. ABZ62004417, DATED JANUARY 4, 2012, ORDER NO. ABZ62004420, DATED 276 AT PAGE 393, AND AGREEMENT TO AMEND CONDOMINIUM DECORATION FOR louxo4s AEeAP ANo ,VAs.u,a0p \ypyp7 ll�y!�� JANUARY 4, 2032, ORDER NO. ABZ62004421, DATED JANUARY 1, 2012, ORDER NO. ABZ62004422, DATED JANUARY 4, ASPEN ALPS NORTH CONDOMINIUMS RECORDED OCTOBFR 19, 19931N BOOK 727 AT �r i.� 2012. ORDER NO. ABZ62004424, DATED JANUARY 4, 2012, ORDER NO. ABZ620DM25, DATED JANUARY 24, 2012, ts. ,rv:e♦ 'S S.; -£ AND THE ABOVE SAID POTS DESCRIBED IN NOTE 4. PAGE 437, AND AGREEMENTTO AMEND CONDOMINIUM DECORATION FOR ASPEN IN-P ALPS NORTH CONDOMINIUMS RECORDED OCTOBER 19, 19931N BOOK 727 AT PAGE PARCELS JA - N- 7) THE LOCATIONS OF UNDERGROUND UTILITIES HAVE BEEN PLOTTED BASED ON UTILITY MAPS, 457, AND ACCORDING 707HE CONDOMINIUM MAP RECORDED JANUARY 37. 19731N 3. - - .y, ' \" L7,o�per - CONSTRUCTION/DESIGN PLANS, OTHER INFORMATION PROVIDED BY UTILITY COMPANIES ANDACTUAL FIELD PLAT BOOK 4 AT PAGE 353, AND FIRST SUPPLEMENTAL CONDOMINIUM MAD sa Nu u ' _- nu�Nngae3 LOCATIONS IN SOME INSTANCES. THESE UTILITIES, AS SHOWN, MAY NOT REPRESENT ACTUAL FIELD CONDITIONS. IT RECORDED OCTOBER 19, 1993 IN PLAT BOOK 32 AT PAGE 87, AND SECOND t u r s ; cAP - y� p � �,(/ T IS THE RESPONSIBILITY OF THE CONTRACTOR TO COMACTALL UTILITY COMPANIES FOR FIELD LOCATION OF SUPPLEMENTAL CONDOMINIUM MAP RECORDED OCTOBER 19, 19931N PLAT WM 32 �'-g+ (' UTILITIES PRIOR TO CONSTRUCTION. SEE DETAIL SHEETS 6-12 FOR MORE SPECIFIC UTILITY NOTES. AT PAGE 89, COUNTY OF PITKIN, STATE OF COLORADO - [oNoc �. 3I A:K 514AN \ - /•' 8) THE LOCATIONS AND DIMENSIONS OF ADJOINING BUILDINGS AND ROADS HAVE BEEN PLOTTED BASED ON DATA PARCELS - 3s rw• Y nul Lf -'� .'� PROVIDED TO SE BY THE PITKIN COUNTY GG DEPARTMENT. LOT 2A, REPLAT OF LOT 2, MOSES LOT SPLIT (A LOT UNE ADJUSTMENT) AND FINAL qO�j. - •" , SUBDIVISION PLAT OF THE GEORGE P. MITCHELLAND H. A BORNEFELD, JR. PROPERTY, r - -v � tr`s v -' + 9) ALL RECORDING INFORMATION REFERENCED HEREIN IS PERTHE PITKIN COUNTY CLERKAND RECORDERS OFFICE, Al ri[B'.h •.' UNLESS OTHERWISE NOTED. ACCORDING TO THE PLAT THEREOF RECORDED COLORADO. BER 3, 1992 UNDER RECEPTION �,RTES \yf <- ZG - llB� NO. 348317, COUNTY OF PITKIN, STATE OF COLORADO. v f 10) THE LINEAR UNIT USED IN THE PREPARATION OF THIS PLAT IS THE U.S. SURVEY FOOT AS DEFINED BY THE PARCEL INCLUDES GOVERNMENT LOT 42, SECTION 18, TOWNSHIP ILA SOUTH, RANGE t '� a. V Pyi. .. •� ,I� UNTEEDSTATES DEPARTMENT OF COMMERCE, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. 64WESTOFTHE 6TH PRINCIPAL MERIDIAN,COONTYOF PITKIN, STATE OF COLORADO - Aws3. CAP - cu 'c SRtRM AxT (LOT 42 MERGED WITH LOT 33, PER BUREAU OF LAND MANAGEMENT SUPPLEMENTAL F"A-A cAP PLAT, DATED 1995, RECORDED AT PLAT BOOK 36 AT PAGE 94). PARCEL 7 et£ PARCEL6 PARCEL6 �-� •- •� ;�} SHEET INDEX EXCEPTING THEREFROM THOSE PORTIONS LYING WITHIN ASPEN ALPS SOUTH SHEET I ............ ._._....... VICINITY MAP ,CONTROLUNG MONUMENTATION, PROPERTY DESCRIPTIONS, NOTES AND CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM DECLARATION FOR ASPEN - � O -` ALPS SOUTH RECORDED DECEMBER 1, 1965 IN BOOK 217 AT PAGE 199, AND THE FIRST - t� a . r.a •Wt • PAsrK caa O. .0 � u J CERTIFICATES t's'it998 s\'� 1.SY -' SHEET2 .... PARCELOVERVIEW SUPPLEMENT RECORDED JANUARY 6, 19691N BOOK 238 AT PAGE 8D4, AND - - t •�=All •.Ed ao '` �^ Ls(. SHEET 3 ................_......... ASPEN ALPS bUILDING ]00 ACCORDING TO THE CONDOMINIUM MAP RECORDED DECEMBER 10, 1965 IN POT BOOK 3 AT PAGE 54, AND FIRST SUPPLEMENT RECORDED DECEMBER 30, 1%9 Bl POT _ -PARCEL 3 �< J Y-C - ..A4 1' S'f SHEET 4 .................._...... ASPEN ALPS BUILDING 200 oT� - - wuxo w c. �s SHEET 5 ................. _........ ASPEN ALPS BUIEDING 300 and 400 BOOK 3 AT PAGE 373. _ 4t WyoE�.y's t' p. }35 SHEET 6 ................ __.---- ASPEN ALPS BUILDING 500 iE y touan r.K • 1I p'• pV-„+' 2s IxU� SHEET 7 ................._.... ASPEN ALPS BUILDING 700 PARCEL - _ FdMo ARERw Ano Aa0 sn Nr � tub"_ - 2, _ SHEET ..-......_......- ..... AS PEN ALPS BU WING 800 and PARCELS LOT 2B, REPOT OF LOT 2, MOSES LOT SPLIT (A LOT LINE ADIl15TMENTI AND FINAL - .r yZs`uuN.:v. I s elsss4-#-�R•F� 4s- ,� -" SHEETS ............_......_...... PARCEL6 SUBDIVISION PLAT OF THE GEORGE P. MITCHELL AND H. A BDRNEFEED, JR, PROPERTY, - vO3Hs a a[ra;a ue's pWitE _ \ - .uts > �_ [oT: '•/� SHEET ILA .......................... PARCEL 7. PARKING AND AFFORDABLE HOUSING ACCORDING COUNTY THE OF THEN, STAREOF TE OF COL RADO.SEPTEBER 3, 1992 UNDER RECEPTION •• 1 IOU .s REPAR AN. t�•,> SHEETII ........... _.... _._...... PROPERTY OVERVIEW WITH TITLE EXCEPTIONS/EASEMENTS OF RECORD NO. 348317, COUNTY OF DRIUN, STATE OF COLORADO. E. ,.. - •ruuN PS AYRARANT\ / - 7S RAs ccw SHEET 12................. ........ TOPOGRAPHY OVERVIEW [oT t1s ,-NSr 4�'4v l'wsTs SHFouNEET 13................. _..... UTILITY OVERVIEW PARCELS tia as w `..wcE " A TRACT OF LAND SITUATED IN THE WEST ONE-HALF OF THE NORTHWEST RtaAR LAND a� ONEIIUARTER OF SECTION IB, TOWNSHIP ILA SOUTH, RANGE Bd WEST OF THE 6TH = EI I ry,. E ts� a:(Ar. �'�• RM x P.M., COUNTY OF PITKIN, STATE OF COLORADO, DESCRIBED AS FOLLOWS: - { ' )Y t •0.�,�4• BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF THAT TRACT OF LAND �"• - oONDakR[w.Renu - �•�tS. Rts e•`� Al SHOWN ON THE CONDOMINIUM MAP Of ASPEN ALPS NORTH RECORDED IN POT K''=- j ouNO aSR BAK Axb� f -J )j5•PIASEK CAR Ae'F18a I ,r BOOKS AT PAGE 353, FROM WHENCE CORNER NO. 9 OF ASPEN TOW NSRE BEARS - - 1 1ST 1Y PIAx J8 NORTH IO'06'OD'EAST 2.39.97 FEETAND NORTH 39'57'Z2'WEST 403.50 FEET; �.. �-'_- s'5es .Uz' - - THENCE ALONG THE SOUTHERLY LINE OF SAIDTRACT OF LAND SOUTH J9'05YJ0'EAST - t{;tIW v5 RERAA V.i ��c; . ti 35.72 FEET' THENCE SOUTH 20.15'00' FAST 1100 FEET THENCE SOUTH 03.30'00' - - - - .z • wnsTr. cu' . .. t 5 ? EAST 12.50 FEET TO LINE 5� OF THE MAY LODE, UNITED STATES MINERAL SURVEY NO. -'s ]I \ _ _ P CJ BFJJCHMAFL .. 3921; THENCE ALONG UNE S-6 OF SAID M6.Y LODE SOUTH 4459'00' WEST 67.87 FEET - - + FOUND A.T; NER NO.1 TO UNE 34 OF THE MILLIONAIRE LODE, UNITED STATE MINERALSURVEY NO. 3620A; - - .-_ 5 \ '- ...126' BLM BR AP 1954 SURVEYOR'S CERTIFICATE THENCE ALONG LINE 34 OF SAID MILLIONAIRE LODE NORTH 04'30'00' EAST 55.20 wF ELEVATI 76.69' , N' FEETTO CORNER NO, 4 OF SAID MILLIONAIRE LODE; THENCE NORTH 10'06'00' EAST '` - * +A - �` 'Y - r ', - ],MARKS BECKLEK HEREBY CERTIFY TO ASPEN ALPS CONDOMINIUM ASSOCIATION AND LAND TITLE GUARANTEE 22.97 FEET TO THE POINT OF BEGINNING - �, A - \ k COM�PAMNEI THAT THIS IS AN'IMPROVEMEM SURVEY PLAT' A5 DEFINED BY C.R.S. § 38-51-302(9L AND THAT IT 5 A 4 d_a s 2 -------------------'--�•----- -•-------- ---• ' -- MONO NTEDLANDSURVEY SHOWING THE CURRENT LOCATION OFALL STRUCTURES, VISIBLE ROADS, TRAILS, UTILITIES, FENCES, OR WALLS SITUATED ON THE D PARCEL AND WITHIN FIVE FEET OF ALL BOUNDARIES OF SUC H PARCEL, ANY CONFLICTING BOUNDA NCROACHMENTS, AND ALL EASEMENT AND GRAPHIC SCALE RIGHTS OF WAY OF A PUBLIC OR PRIV E VI R APPARENT, OR OF RECORD AND DESCRIBED IN THE PROPERTY INFORMATION B 'IS, ABOVE, OR OTHER SOURCES AS too a so tao zoo am SPECIFIEDO TH IIA1 EME T. c Itx FEET Ill. tt - Q MA 6 KL i C7 28543 0 SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS AroRax�rot«oMoouw a Rmm. »�Ax 502 MAIN STREET, SUITE A3 �r�s� ' . , , • , , • • G�� CARBONDALE, COLORADO 81623 nER-n-wsxvEasvcx u�cr ,awLraraw. Rxr ACTw �pa �ER,N,RyRVE�CAAENIPAUKx EF (970) 704-0311 L`Ati ARM MPATEaECER RAT N ONNnR« : AOG P3 CL P3pU1p1312tM_G(DMfltlwa 1 1 1 — FOUNO P [. NAIL AND SHIN; R L5. /ILLEGIBLE / � 1 1 �\ \\ Q5 FOUND AT. CORNER NO 9 1 25' BRASS DISK L S $28643 IMPROVEMENT SURVEY PLAT WITH TOPOGRAPHY OF: ASPEN ALPS CONDOMINIUM ASSOCIATION A PARCEL OF LAND SITUATED IN THE NW%4 OF SECTION 18 TOWNSHIP 10 SOUTH, RANGE 84WEST OF THE 6th P.M. PROJECT BENCHMARK CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO 3255' BLM BRASSNCAP1 SHEET 2 OF 13 ELEVATION=7976.69' PARCELOVERVIEW / \ FOUND •5 Rf6V1/� � - � \�1WUNDK REBM NIO �� FOUND W.C. REBM AND � \ lI5' PIASFK W ]35'PLASM � 15.11959E GRAMCkALE so D 2s w Iro }oD IIN FEET) 1 MI •50 R SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 FOUND K REw AND -- 1, PIASIK w ILIEGl SHEET NOTES 1) ALL REFERENCES TO-MOSES REPLAY' ARE DIRECTED TO THE REPLAT OF LOT 2, MOSES LOT SPLIT (A LOT LINE ADJUSTMENT) AND FINAL SUBDMSION PLAT OF THE GEORGE P. MITCHELL AND H.A BORNEFELD, JR. PROPERTY, RECORDED IN PLAT BOOK 29 AT PAGE 65. 2) IN ORDER TO MAINTAIN A PROJECT -WIDE, UNIFORM BASIS OF BEARING, ALL RECORDED PLATS, MAPS AND DOCUMENTS HAVE BEEN ROTATEDTO BE CONSISTENT WITH THE BASIS OF BEARING AS SHOWN HEREON: • THE MAP OF ASPEN ALPS, RECORDED IN DITCH BOOK 2A, PAGE 309 HAS BEEN ROTATED CLOCKWISE 0'51'11'. • THE CONDOMINIUM MAP OF ASPEN ALPS WEST, RECORDED IN PLAT BOOK 3, PAGE 26 HAS BEEN ROTATED CLOCKWISE 0'46'1'. • THECONDOMINIUM MAP OF ASPEN ALPS SOUTH RECORDED IN PLAT BOOK 3 PAGE 54 AND THE FIRST SUPPLEMENT RECORDED IN PLAT BOOK 3 AT PAGE 373; THE MOSES REPLAT; AND ASPEN CHANCE SUBDIVLSION, AS SHOWN HEREON, HAVE BEEN ROTATED CLOCKWISE 0.44'23'. • THE CONDOMINIUM MAP OF ASPEN ALPS NORTH, RECORDED IN PLAT BOOK 4, PAGE 353 AND THE METES AND BOUNDS DESCRIPTION CONTAINED IN BOOK 7D6 AT PAGE 929 HAVE BEEN ROTATED CLOCKWISE O'46'47'. AREA SUMMARY PARCEL# sq.R.± aaest 1 26,663 0.612 2 33,163 0.761 3 42,286 0.971 4 13,612 0.312 5 22,393 0.514 6 148,IN 3.402 7 35,314 0.811 8 2,126 0.049 TOTAL 323,744 7.432 FOUND 95REBAlLANO /r AREAOFASPENALPSCONDOMINKJMS 125' PLASTK Ls. P91u j I —DO I 33 Tan-ro.4D 6.1}0'4T3E' N6794'35'E fi956' LINE TABLE LINE BEARR9G LENGTH L1 S 74'O2'49' E 4 M' 2 NIS'40'31I 65E' L3 ND2'43'13'W IISP L4 N19'IE']3'W ]I.DO LS N15'2E'10'E 10. Y' 16 S3VI}OrE 550 17 564'ST23'W tml t! SE4ST33'W E54' U) N 44'15'3rIN }}.33' —A TABLE CURVE LENGTH RAINUS TANGENT CHORD BEAAMG DELTA ci 2766' 24.60 n,02' 16W Nsr151H'E 55']4'3P C1 MIG 63' 57P0rE 4B'31W CC3S 45.33' 5}J-ll'3r1 w34W C4 35.IE' NW0ICW 16K'E' 1I5.4' =_- 124 S2574VrE 23S7W CIS 03.32.24 S3rM'2rW fi5.00W C7 276 274F NfirM 0'E 32'49W' 1 a 11 1 Buildings is provided from Ute Avenue via South Alps Road, a private roadway located entirely within the project site. Access to the 800 Building is provided from the intersection of Original Street and Ute Avenue via Aspen Mountain Road which traverses the northern portion of the property. While a portion of the Ute Avenue right-of-way is located between Parcels 1 and 2, this segment of the former street has been closed to vehicular traffic and converted to a landscaped, pedestrian walkway linking Original Street to Spring Street. The pedestrian improvements located therein were constructed and are maintained by the Association (see Agreement, Exhibit 2, Appendix Q. A. Parcels 1 through 8 The eight parcels which comprise the Aspen Alps property are discussed in detail as follows. 1. Parcel 1: Aspen Alps 100 Building. Parcel 1 was created in connection with the recordation of the condominium "Map of Aspen Alps" which was recorded January 8, 1964 in Book 2A at Page 308 in the Office of the Pitkin County Clerk and Recorder (see Exhibit 3, Appendix Q. As Sheet 3 of the Improvement Survey on the following page illustrates, Parcel 1 contains approximately 0.612 acres or 26,668 square feet of land area. Existing improvements to the property consist of the Aspen Alps 100 Building; an outdoor swimming pool, spa and pool mechanical shed; and various outdoor patios, walkways and retaining walls. A portion of the pool shed encroaches into the adjacent Ute Avenue right-of-way, an encroachment license for which will be obtained in connection with the recordation of a subdivision plat of the Aspen Alps property. Parking for the 100 Building is provided on the adjacent Sky Hotel property pursuant to a 1976 Easement Agreement between the then owners of the hotel 11 IMPROVEMENT SURVEY PLAT WITH TOPOGRAPHY OF: ASPEN ALPS CONDOMINIUM ASSOCIATION SHEET NOTES 1) THE LOCATIONS OF UNDERGROUND UTILITIES HAVE BEEN PLOTTED BASED ON UTILITY MAPS, CONSTRUCTION/DESIGN PLANS, OTHER INFORMATION PROVIDED BY UTILITY COMPANIES AND ACTUAL FIELD LOCATIONS IN SOME INSTANCES. THESE UTILITIES, AS SHOWN, MAY NOT REPRESENT ACTUAL FIELD CONDITIONS, ITISTHE RESPONSIBILJTYOFTHE CONTRACTOR TO CONTACT ALL UTILITY COMPANIES FOR FIELD LOCATION OF UTILITIES PRIOR TO CONSTRUCTION. 2) ASPEN ALPS PROPERTIES ARE SERVED BY A PRIVATE SANITARY SEWER SYSTEM. UNDERGROUND LINES WITHIN THIS SYSTEM HAVE BEEN RESEARCHED BY THE ASPEN CONSOUDATED SEWER DISTRICT (ACSD) AND WERE INCLUDED ON A SCHEMATIC DRAWING PROVIDED BY ACSD. THESE ARE SHOWN SPECULATIVELY BASED UPON SAID ACSD DRAWING. 3) THE LOCATIONS AND DIMENSIONS OF ADJOINING BUILDINGS AND ROADS HAVE BEEN PLOTTED BASED ON DATA PROVIDED TO SE BY THE PrrXIN COUNTY GIS DEPARTMENT. [) CONTOUR INTERVAL IS OIE(1) FDOT A PARCEL OF LAND SITUATED IN THE NW%4 OF SECTION 18 TOWNSHIP 10 SOUTH, RANGE 84WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 3 OF 13 ASPEN ALPS BUILDING 100 M' �c \ ft rl / J _ / / I\.�!- \� 3CS '` • 61I40lE PA GLORYNOLE CONDOMINIUMS BEGINNING (ACCESS GATEF AGREEMENT SAEGBYN pNGSLTD BFTWEENSKEGBY ASS 1.-CONTPLR GMNR NGPEDES CESi AIDNS&ONG Q. Ell NG •ADWAY 4, j �f-7 _ PE�YAA1136 ` ,- . � l Y 1 ATE C �51 Ff MX(s:�(RU1 7NAf PR '( ", \ PINT EI•)95A EXISTING CONDITIONS LEGEND - `-��_.touND RS NEaAB AND l.ns PlASTE - �� - IRY OIIT1 LS Rl _ Y �M.. I1. N s ]D 0 CATV PEDESTAL _ uo�PIOGE,ES INGNEss/EGRESS \ '�� Ol TELEPHONE PEDESTAL GMO M[B-iILS E ELECTRIC METER ( BR 2a2 PG. 3R3, BE.-sc M, 13 ELECTRIC TRANSFORMER '\ - G ELECTRIC CABINET/BREAKER BOX /I - / I• .� l \�,� r1 \y �� a SEW ER CLEANOUT ac Pi rHusnaDlo7=1BR6ss' r \ m SEWER MAN HOLE Bwloaic �� 9p', FOOTPRINT a ,/r I g YJ CURB STOP mP) W / . _ \ •C J J• 1XIWATER VALVE J. . PARKING SPACES SUBIERTO •, WATER HYDRANT GP ANT OF EASEMEMTOASPENAL" I3.% I. FASMENA-NOW .- PER UN0.ECORDED EASEMENT AGREEMENT An TOSNHOTEL MUIT APFA OF GNAW Of EASE fN JS GAS METER REFERENCED IN BE 327 PG 7n( BE 317 Pam MENT yb COMCASr Oi COLORAOo/F101110A •' U• ELECTRIC MANHOLE _ V� ION BROADBAND COMMUNKAiI(NiS SERNCE •K- / _ TO UNR ]06.iWEN MPS • V I _ �, '{NO WIDTH GIVEN( - ® WATER MANHOLE I - - ® BNID NG OUTLINE DRYWELL PER CONDO PLAT (i �Y ASPEN MOUNTAIN m TELEPHONE MANHOLE -•I - ® UTILITY MANHOLE 1� )- GUY WIRE _l Fr TNRESw LUi•J�— _ - Al PARCELl •Da POWER POLE \7 ]SA'WIOE =MLETO`SPENALPS EGREy ASPEN ALPS 5j r - E �.. SMH Lira) LIGHT POLE Bk ]01 PG.3A3, BK 16B W. 397 I /. .. £ - _ „ i• 9� RBA EL IIIIU31 (100BLD)� . �' IRV oiir NEr we-7ws' T SIGN //''- / BK. 2A PG. 304-308/ \ -�.' wv.l sw B•Puc=»AR.7s' ® GAS MARKER / _ 26,668 sq.ft.± �• \ Iq E+ja'nN E N: u 0.612 acres± F IF 7NIIESHOLD-79A7(XI ® DRAIN ; / - '� EDOVt Sr TRANSLc ■ IRRIGATION VALVE _ ue• - !t HQrT ASo➢1 -� \-- —IRE—ai— OVERHEAD UTILITIES —w—w— UNDERGROUND UTILITIES OVERHEAD TELEPHONE l _ / 11A —ut—ut— UN DERGROUND TELEPHONE - SKr NOTIL ii BASEMEN LEYEL•»37AK' / EASSEMEM ENT _ aLID PG.SBR. PG. 7? —a—INK— OVERHEAD ELECTRIC my - IF SECOND LEVEi-A55.2A• • •.. (AccTss TO ASP LPS NOILTN) —uR—w— UNDERGROUND ELECTRIC - /• / f oL2��J --J PDDL —ss SEWER LIKE - FRONT FIELD LOCATES- - - SEWER LINE- FROM ACSD SCHEMATIC-- - • N — WATER LINE 908— GAS LINE AS BUILT IN NOVEMBER 2002 PER REC. 4479217, $479216, #479216 - B-04.1 —1 NE PER CDNDO PLAT IINp PR HA ANDSNNER ITYPI —Rlt—ste— COMMON UTILITY TRENCH J• I i — IE9 — VO— GAS LINE PER UNDERGROUND LOCATES PERFORMED IN JUNE 2012 RAILROAD TIE RETAINING WALL I _ �I O ♦ .A•I'"pa('v RM EL=ASOI]' . /� � Y -\ / M A5 \ lJ � "� �` " X Y5� 4 IFry IN sE 1w vcl--1hr ®mms�m ROCK RETAINING WALL I EF rNREsnaa»A6s -/ C . P-+�6� JNv OUT NW Io' ucP• 7wI.61' r / f S- d P.R. NMI AND SHINER / , _ / .I+ —ao— CHAINUNK FENCE Ls. •Fli4Pou r' sMHIHLrvARI ` 'r. —e B— WOODEN FENCE �' •/ \ ; :'\PR1 TrwDLRc iOO1PRB/T I PINT El • A[631 / N a. / GUNTR INV w•>93A.11 i • MP) —R—R— WIRE FENCE � � / a INv our »3R lI / u9/ 7 - J �J• ______ . Pt LITE • 3 BOULDER f'� e� �v % %/ �d` F.°•' R caP7DOMIMUMs -. 7•d( DECIDUOUS TREE l �S\ Jod RGOf DTCILITEAVENIK J• - G LECFNI 11..iltLtr i owl MANDROW IECTRiW` [1O I,TO VEnKUUR • �e' _ f I Io SN L AW—E /// BR—`GG. A67 4 ] 1 TO RIRIDER MONGAN RK(TYY) ERCM2 IWR PRIVATE A((ESS MEN 1 Po CTHFROI T� \' FB45EMEN•T93901' 9UIldN40URITE \NEC An 16. CONIFEROUSTREE . NEC. R1In, BR 32YPG. 717 // J -� Y/J�C/q CK.— (TYP) OPLAT .I ENTERED OVER2E%ISTtlIG GAS LIFEI .al EDGE OF VEGITATION / �e R I GPOUND LEAL•79All- CCC✓✓� �j Bu11N. `` °DIEM° (K_ 'uu 5 _ \ •� - PARCEL 2 i00TPN ASPNALTSURFACE �wY_ � ASPEN ALPS WEST (TPrI \ � �- 1-0 BLD) TERMI tiS(VTEAVEN iF scLOND LEVEl•>95e.19' , _� " � / BUILDING FOOTPRINT PER FIEIDSURVEY I` Ia '� Js�'x \T� BK.3 PG. 26 -- BUILDING OUTLINE PER CONDO PLAT (TYP) G WRING PE S� SS A, R ,/ J / .�. 33,163 sq.ft.± - T' nEG w \ , . 0.761 acres± �rM CM -�/ �� /� �" J�Q• / `� � F[ GPOUND LEVEL- T.M6.1 - - I ,` aao ASAP .oNDOM.MUMs PINT EL•79A659' .r GRAPHIC SCALE SOPRIS ENGINEERING - LLC m o 1. :o Ao E0 CIVIL CONSULTANTS KE A DRDINBTDmnR,DD Awr« M: mNMFNaMN EGA 502 MAIN STREET, SUITE A3 bNe D—ANYDERRINTMI] N EwR.NTMNE FAa "`E"I CARBONDALE, COLORADO 81623 W �RST pN[OVfR]UCN °ERR iN NO wEM M\T MixARIOiI —6-10 R. BMFO UPON AM OFRRIN 1 SURM DE COLRM!31<FD NA]R[TFNN RN xFARS FROM TNf pATF OF ERrNgAT10N SW WH �EMbt (970) 704-0311 lAW.OI 4 03M/L)1] :3009_FRmNDCy property and the 100 Building (see Exhibit 4, Appendix Q. Sixteen spaces were provided for the exclusive use of the 100 Building's owners. In exchange, the owners of the 100 Building granted a non-exclusive, access easement and right-of-way across the portion of Parcel 1 abutting the southern property line of the hotel property. The access easement was apparently intended to permit vehicular access from the hotel property and Ute Avenue to Original Street. The easement, however, has apparently never been used by the various owners of the hotel property. Vehicular access to the off -site parking spaces and to the 100 Building is provided via a gated, paved driveway located within the access easement, the use of which is presently limited to the 100 Building's owners. In 2000, the Association granted a non-exclusive license for pedestrian use of the above access easement to Skegby Holdings, Ltd., the owner of a single-family residence located adjacent to the easement, Original Street, and the northeast corner of Parcel 1 (see Exhibit 5, Appendix Q. The license permitted the owner of the residence to install a gate on his property for purposes of gaining pedestrian access to Ute Avenue via the Building 100 access driveway. Use of the license area was expressly limited to the residence's owner and for pedestrian purposes only. The license may be terminated by the Association should the existing access driveway be modified or removed. Existing development in the immediate area of Parcel 1 includes the Sky Hotel and a single-family residence which abut the parcel's northern boundary; a second single-family residence which is located immediately east of and adjacent to Parcel 1 and Original Street; and the pedestrian walkway improvements in the portion of the Ute Avenue right-of-way located between Parcels 1 and 2. The Little Nell Hotel and the Aspen Mountain Ski Area's base facilities are located to the west of the parcel. 2. Parcel 2: Aspen Alps 200 Building. Parcel 2 was created in connection with the recordation of the "Condominium Map for Aspen Alps West" 13 recorded March 17, 1965 in Book 3 at Page 26 (see Exhibit 6, Appendix Q. As Sheet 4 of the Improvement Survey illustrates, Parcel 2 contains approximately 0.761 acres or 33,163 square feet of land area. Existing improvements to the property consist of the Aspen Alps 200 Building, a paved parking area containing approximately 20 spaces, and various exterior walkways and retaining walls. ' A portion of Parcel 2's parking area encroaches onto the adjacent 777 Ute ' Condominiums property. An easement agreement, however, grants the Aspen Alps 200 Building a perpetual, exclusive easement for parking purposes (see Exhibit 7, Appendix Q. Vehicular access to the parking area is provided via a internal, one-way driveway that enters Parcel 2 in the vicinity of the southernmost terminus of Spring Street and exits ' at the parcel's southeast corner near the eastern end of the Ute Avenue pedestrian ' improvements. An additional seven parking spaces are located in front of the 200 Building and partially within the Ute Avenue right-of-way. Five of the spaces are tallocated to the 200 Building's unit owners. The remaining two spaces are reserved for the Aspen Alps' bellman and for guest check -in purposes. An encroachment license for 1 the seven spaces will be obtained in connection with the recordation of a subdivision plat ' of the Aspen Alps property. Neighboring development includes the Ute Avenue pedestrian walkway, the 777 Ute Condominiums, the Aspen Alps 800 Building, the Little Nell Hotel, and the ' Aspen Mountain Ski Area. Lot 21 of the Ute Addition to the Aspen Townsite, which was conveyed by the Aspen Alps Condominium Association to Park Trust, Ltd. (a/k/a, ' Aspen Valley Land Trust) subject to certain use restrictions, abuts the northern boundary of Parcel 2. Lot 21 is located between the 200 Building and Little Nell Hotel. 3. Parcel 3: Aspen Alps 300, 400 and 500 Buildings. Parcel 3 ' was created in connection with the recordation of the "Condominium Map of Aspen Alps 1 14 IMPROVEMENT SURVEY PLAT WITH TOPOGRAPHY OF: ASPEN ALPS CONDOMINIUM ASSOCIATION SHEET NOTES LOCH BAA PARCEL OF LAND SITUATED IN THE NW%4 OF SECTION 18 1) THE LOCATIONS OF UNDERGROUND UTILITIES HAVE BEEN PLOTTED USED ON llTIl1TTOWNSHIP 10 SOUTH, RANGE 84WEST OF THE 6th P.M. PLANS ER VIDED MAPS,CONSTRUCTION/DESIGN OCAT1 NS IN SOME INSTANCES. THESE BY UTILITY CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO COMPANIES AND ACTUAL FIELD LOCATIONS IN SOME INSTANCES. THESE UTILITIES, AS SHOWN, MAY NOT REPRESENT ACTUAL FIELD CONDITIONS. IT IS THE RESPONSIBILITY OF THE SHEET 4 0 F 13 CONTRACTOR TO CONTACT ALL UTILITY COMPANIES FOR FIELD LOCATION OF UTILITIES PRIOR TO CONSTRUCTION. 200 BUILDING 2) ASPEN ALPS PROPERTIES ARE SERVED BY A PRIVATE SANITARY SEWER SYSTEM. UNDERGROUND LINES WITHIN THIS SYSTEM HAVE BEEN RESEARCHED BY THE ASPEN \ = / - 0.612 acres± W $ �� cRA Iplfolr nEcglE �'+ ^' "D' WIDE ACLESS EASERIENT CONSOLIDATEDSEWERSE RES OWN AND WEREINCLUDEDU ASCHEMATIC DRAWING ae/ R}➢9vr Ns[ �• T R• Fi Tnaesllolr. la=MAT m o� TOR Al. e-353 PROVIDED BY ACSD. THESE ARE SHOWN SPECULATIVELY BASED UPON SAID ACSD DRAWING. J• nuvl / 3oCN _ j eR. 199m EwsiMENT 3) THE LOCATIONS AND DIMENSIONS OF ADJOINING BUILDINGS AND ROADS HAVE BEEN , - 3a 0A Gr �• 2 eK 21 PG M PLOTTED BASED ON DATA PROVIDED TO SE BY THE PFTKIN COUNTY GG DEPARTMENT. l J I _ , 1 6� /) CONTOUR INTERVAL IS ONE (1) FOOT. - Fi BASEMENT IFVEL+T93) et' 12 EASEIMEM SKY NOTE( j p ( / BK. 10 PG 91, BK PG. A MY WELL O If SECOND LEVEL-M55.2K• � JjJ' (ACCESS TG 0.5P SNORM) r y t BURONG OUTLINE PeO COMDD NAT EXISTING CONDITIONS LEGEND / ( FJ.•at'P ',,G RM IN SE 1wW 1 �N y INV. OUT 10' I. -VC, 165' C CAN PEDESTAL ANDSNwER / FFINRESNIXo-ARG9 / % SEE,CI�: �.X O`er'` .'1Nv. olrt xw l0•vcv-Mi .61 I\ D] TELEPHONE PEDESTAL / / RIMS. EL T9R631� / - HAx TL y ♦ �5 .. - ` I" ` _ 0 ELECTRIC METER GATE INV. R=M3A.11 / J& -"� ADN)IRING BUILDING fOOTP1IMT J PER COUNTY GN CONTROL I- OUT,M31.11 �- (TIP) � ELECTRICTMNSFORMER _�-- J " 0 ELECTRIC CABINET/BREAKER BOX % / l 9p' CONDOMWIUMS iS SEWER CIFANOUT � e ¢ a0�£.t> Q 6b / MEA OF IITE AVENUE (. EIFCTRICIp.. / .• r,AA + TI�S S I m SEWER MANHOLE / Xa U9� CLOSEDTDVFHN'ULAR J • OUT{FG f, / ~ 6A WIDE NAILMI GAS %PELNf ROW iRAFFN 9ie TO KINDER MCRGAN INC. t—) YI CURB STOP I,i.o'wI Nr AxD aDw LECTPI\ , TO SKT N AND HOLE BC 38D PG 6> DQ WATERVALVE FOR PRIVATE M(FSS ENT ¢ BUNgNG OUIIwF WATER HYDRANT aEC Y1935TG. 17 BKJ„Jv`U4 iBASEMEN1=A39.0]' Pry%pNpO puT \ (CENTERED OVER2EXIS11NG ul5 LN1El / � GAS METER m ELECTRIC MANHOLE / _ - °' f Je !, � !GROUND LEVEL=MY 03' - •%'- ! ® WATER MANHOLE j BUILDuw PARCEL 2 FOOTPRINT m TELEPHONE MANHOLE RYWELL F OVK NAIL BHI1R ,• 4 `''\ \� ASPEN ALPS WEST IttM i c UTILITY MANHOLE rEaMl US JUTE AVEN I •q Sle O,f/ \\ s /� BK2�PG D�6 FFSECOMIDUEVEL•195G.]9' FFN SKE YA ( V °' A •i - % ?- GUY WIRE c NC Plot?w a _ / ° `/ �` 33,163 sq.ft.± PO. POWER POLE .sT]wGcv 0.761 acres±//1/f /• # LIGHT POLE / IT GaouNo LEVEL•79ua :�J1 T SIGN � [] fJi /,�� / ,NA%CONDOMINIUMS // yFE ]' STORM GMTE �� ® GAS MARKER R - •: / - v� - aglE RIM EI. ]9AG59' JD i I DRAIN a�, , 0SURIP. 9 ASP ® AS q/ L -2B'TDWV.INMA3.M' ■ IRRIGATION VALVE _ TOI \'/ ate\ •� / _/. —aeu— OVERHEAD UTILITIES —ww— UNDERGROUND UTILITIES '.:nl o J • \ - n N DING92 cpricR [F=MY IG ,,t//ff // — Rt el — OVERHEAD TELEPHONE w '•� �' O PRINT ut—CAE— UNDERGROUND TELEPHONE ,V, "��'y� a... '� '� .. - ��1 i� lowK>E//. —aa— OVERHEAD ELECTRIC t ~ �. °TY c <F Cn Y�Q. 1 ,f 11 ��I %�� / ` 1 / ACBKS29IY�65E'IITI IS OURHEE yyv \ PER CONDO PLAT —w—w— UNDERGROUND ELECTRIC b - , ` - "` mP) —•• SEWER LINE - FROM FIELD LOCATES \- .-� ` • / ^� [[p{Ila ExTRT • d, ° _ , A\T � .� / � �PEIOq J—LULDNI. FDOTPRHrT can ErE / f• u92' TM561' / (TmOU1T 6R SEWER CANS - FROM ACSD SCHEMATIC -- -; � ':= � '4 4c ii SECOND ROOP '�' . "" _ ! i= L >T 111E — . — • — WATER LINE /52 Al ' ' � o ] �- PARCEL 2 MSR.w REC. I1N479216,1479223 oNOwwLNAs �. DoS— GAS LINE AS BUILT IN NOVEMBER 2DD2 PER REa79217, K179216, N67921D T" `/ '�'- \\ �I ASPEN ALPS WEST °CRA RINI LOTAI LL4 vYAE� / J F — uB — H9— GAS LINE PER UNDERGROUND LOCATES PERFORMED IN TUNE 2012 (200 BLD) ]' _ IM GADp STIRSI.INwIPIU, • � RK.3PG.26 [L' ' ',• - a _ Ixv qsE+ 33,163s ft.± _ —e1p—Ble— COMMON UTILITY TRENCH RAILROAD TIE RETAINING WALL INv OUT N v" we , M3I5 C G• - \ \l 0.761 aer _ \ MPMENTGAi _ oT 3] r I oocaooa o ROCK RETAINING WALL n: _ <7' \ M"b•AEB }e'ywF U.. —o — CHAINUNK FENCE / sccoxpsP, • A / C E E " i • MEDS I' N FENCE 11"I PG ROITVPI O . —. K— WIRE FENCE \ `11 "DO i AID r Lorl eK aINs. B91nv - - LlTTLF HELL O BOULDER SUegVISKIR SMN IIRIVATN i'S ..�'. YL9S1.16' .MS]DT Ii OL'BW YR A / I RIM FL -NAB 3]' -/ eucpN+'- MA IRSW•M3-2 ` M69.I1' _' - �_PLNL tat DECIDUOUS TREE I oLIT NE+M339R' 5M. „P" st _ _ Y it MP1, tilt PARCELS c SD' W uN - ASPEN ALPS NORTH CONIFEROUSTREE All vAllEv aK. xsG,As (800 BLD) LAND iRusr DING ASPEN nxoaTN BK. 4 PG. 353 FEwivMNrc 2NDs 22,393sq.R±^_.--- EDGE OF VEGITATKNI euugNc !!-eoo2A] 0.514 acres± "'�-- FOOTi(,P) BI., - PLAT S ® ASPHALT SURFACE Inv! PERCpNq]PUT Itt%) FMF/ ASPEN ALPS NO111N IS' IUPP [[=AR ASPEN ALPS MOOD! DRI BUILDING FOOTPRINT PER FIELD SURVEY ITS'% PER BUILDING OUTLINE PER CONDO PLAT (TYP) I y 1 ) '. SAL " - - eR ION T tsT suw I T - IL51A r�EEafTF G CK ILAI J D 5 B �/± iRe3 aY r / / GRAPHIC SCALE SOPRIS ENGINEERING - LLC 20 1io 21 w Bo CIVIL CONSULTANTS n-E ,�-TpmDN.pD AW.q M : m,.� n .LLG, N f 502 MAIN STREET, SUITE A3 +�IpNeA*EDI,PD_DEK INTMa v^E*W^.^TME< EAa " I CARBONDALE, COLORADO 81623 ER.au [IRST DBmvEKvw DETECT INNO EVExrMMRN. AanN I,�Ln-2D n EASED UPONANr gFER IN TwS SURVET Mm[ HaEUNIONETHAITEN (970) 704-0311 Ixocvm n D3RWA13 I]mE_gmNpe.R South" recorded December 10, 1965 in Book 3 at Page 54 (see Exhibit 8, Appendix Q. Parcel 3 contains approximately 0.971 acres or 42,286 square feet of land area. Existing improvements consist of the Aspen Alps 300, 400 and 500 buildings, and various retaining walls, exterior walkways and stairs. No parking for these buildings is provided on Parcel 3. Approximately eight parking spaces, however, are provided across from the 500 Building and within Parcel 6 on the north side of South Alps Road. Vehicular access to the buildings is provided via South Alps Road, an easement for which abuts the parcel's western property line. The 300, 400 and 500 Buildings and their associated site improvements are depicted on Sheets 5 and 6 of the Improvement Survey. 4. Parcel 4: Aspen Alps 700 Building. Parcel 4 was created in connection with the recordation of the "First Supplement to Condominium Map of Aspen Alps South" recorded January 13, 1969 in Book 3 at Page 373 (see Exhibit 9, Appendix Q. As Sheet 7 of the Improvement Survey illustrates, Parcel 7 contains approximately 0.312 acres or approximately 13,612 square feet of land area. Existing improvements consist of the Aspen Alps 700 Building and various landscape features. Twelve parking spaces are provided for the 700 Building in a parking area located on adjacent Parcel 6. A non-exclusive easement for the parking area is provided on the condominium map. Vehicular access to the 700 Building is provided via South Alps Road which terminates at the building's parking area. Neighboring development includes two single-family residences which are located immediately north and south of Parcel 4. A vacant parcel, which is referred to as the "Spar Wedge" property and is owned by the Aspen Valley Land Trust, abuts Parcel 4 along its eastern boundary. 5. Parcel 5: Aspen Alps 800 Building. Parcel 5 was created in connection with the recordation of the "Condominium Map of Aspen Alps North" recorded January 31, 1973 in Plat Book 4 at Page 353 (see Exhibit 10, Appendix Q. 16 IMPROVEMENT SURVEY PLAT WITH TOPOGRAPHY OF: ASPEN ALPS CONDOMINIUM ASSOCIATION SHEET NOTES 1) THE LOCATIONS OF UNDERGROUND UTILITIES HAVE BEEN PLOTTED BASED ON UTILITY MAPS, CONSTR PLANS, OTHER INFORMATION PROVIDED BY UTILITY COMPANIES AND ACTUAL FIELD LOCATIONS IN SOME INSTANCES. THESE UTILITIES, AS SHOWN, MAY NOT REPRESENT ACTUAL FIELD CONDITIONS. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO CONTACT ALL UTILITY COMPANIES FOR FIELD LOCATION OF LMUTIES PRIOR TO CONSTRUCTION. 2) ASPEN ALPS PROPERTIES ARE SERVED BY A PRIVATE SANITARY SEWER SYSTEM. UNDERGROUND UNES WITHIN THIS SYSTEM HAVE BEEN RESEARCHED BY THE ASPEN CONSOLIDATED SEWER DISTRICT (ACSD) AND WERE INCLUDED ON A SCHEMATIC DRAWING PROVIDED BY ACSD. THESE ARE SHOWN SPECULATIVELY BASED UPON SAID ACSD DRAWING. 3) THE LOCATIONS AND DIMENSIONS OF ADJOINING BUILDINGS AND ROADS HAVE BEEN PLOTTED BASED ON DATA PROVIDED TO SE BY THE PITIIN COUNTY GtS DEPARTMENT. 1) CONTOUR INTERNAL IS ONE (1) FOOT EXISTING CONDITIONS LEGEND O CATV PEDESTAL m TELEPHONE PEDESTAL 10 ELECTRIC METER p ELECTRIC TRANSFORMER 0 ELECTRIC CABINET/BREAKER BOX 5 SEWER CLEANOUT ® SEWER MANHOLE YI CURBSTOP N �Q WATER VALVE i' WATER HYDRANT DG GAS METER ELECTRIC MANHOLE ® WATER MANHOLE DRYWELL TELEPHONE MANHOLE o UTILITY MANHOLE } GUY WIRE •L. POWER POLE O LIGHT POLE T SIGN ® GAS MARKER ® DRAIN ■ IRRIGATIONVALVE —a—w— OVERHEAD UTILITIES —uu—uu— UNDERGROUND UTILITIES — et —el — OVERHEAD TELEPHONE — ut —ut — UNDERGROUND TELEPHONE —w—w— OVERHEAD ELECTRIC — u• —w— UNDERGROUND ELECTRIC ss SEWER LINE- FROM FIELD LOCATES - - SEWER LINE- FROM ACSD SCHEMATIC — • — • — WATERLINE 9UB— GAS LINE AS BUILT IN NOVEMBER 2002 PER REC #479217, $479216, I479213 — u9 — u9— GAS LINE PER UNDERGROUND LOCATES PERFORMED IN TUNE 2012 —etc—ete— COMMON UTILITY TRENCH RAILROAD TIE RETAINING WALL mono ROCK RETAINING WALL — o o — CHAINUNK FENCE WOODEN FENCE — . • — WIRE FENCE BOULDER 7•Q� 1� IECIDUOUSTREE CONIFEROUSTREE (((��—...,,,,✓✓✓ EDGE OF VEGITATION ASPHALT SURFACE BUILDING FOOTPRINT PER FIELD SURVEY BUILDING OUTLINE PER CONDO PLAT (TYP) GRAPHIC SCALE 20 0 10 20 w 80 �tl�l A PARCEL OF LAND SITUATED IN THE NW%4 OF SECTION 18 TOWNSHIP 10 SOUTH, RANGE 84WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 5 OF 13 300 and 400 BUILDING SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970)704-0311 IMPROVEMENT SURVEY PLAT WITH TOPOGRAPHY OF: ASPEN ALPS CONDOMINIUM ASSOCIATION �I n SHEET NOTES 11 THE LOCATIONS OF UNDERGROUND UTILRIES HAVE BEEN PLOTTED BASED ON UTILITY MAPS, CONSTRUCTION/DESIGN PUNS, OTHER INFORMATION PROVIDED BY UTILITY COMPANIES AND ACTUAL FIELD LOCATIONS IN SOME INSTANCES. THESE UTILITIES, AS SHOWN, MAY NOT REPRESENT ACTUAL FIELD CONDITIONS. IT 6 THE RESPONSIBILITY OF THE CONTRACTOR TO CONTACT ALL UTILITY COMPANIES FOR FIELD LOCAT)ON OF UTILITIES PRIOR TO CONSTRUCTION. 2) ASPEN ALPS PROPERTIES ARE SERVED BY A PRIVATE SANITARY SEWERSYSTEM. UNDERGROUND LINES WITHIN THIS SYSTEM HAVE BEEN RESEARCHED BY THE ASPEN CONSOLIDATED SEWER DISTRICT (ACSD) AND WERE INCLUDED ON A SCHEMATIC DRAWING PROVIDED BY ACSD. THESE ARE SHOWN SPECULATIVELY BASED UPON SAID ACSD DRAWING. 3) THE LOCATIONS AND DIMENSIONS OF ADJOINING BUILDINGS AND ROADS HAVE BEEN PLOTTED BASED ON DATA PROVIDED TO SE BY THE PITKIN COUNTY GtS DEPARTMENT. 4) CONTOUR INTERNAL IS ONE (1) FOOT EXISTING CONDITIONS LEGEND 0 CATV PEDESTAL m TELEPHONE PEDESTAL 0 ELECTRIC METER 0 ELECTRIC TRANSFORMER a ELECTRIC CABINET/BREAKER BOX 6 SEWER CLEANOUT m SEWER MANHOLE YT CURBSTOP pQ WATERVALVE WATER HYDRANT pQ GAS METER ELECTRIC MANHOLE ® WATER MANHOLE ® DRYWELL TELEPHONE MANHOLL ® UTILITY MANHOLE } GUY WIRE M. POWER POLE O LIGHT POLE T SIGN ® GAS MARKER ® DRAIN ■ IRRIGATION VALVE —a—eu— OVERHEAD UTILITIES —w—uu— UNDERGROUND UTILITIES — of — of — OVERHEAD TELEPHONE —ul —ut— UNDERGROUND TELEPHONE —m— OVERHEAD ELECTRIC —w—w— UNDERGROUND ELECTRIC — sa SEWER UNE - FROM FIELD LOCATES SEWER LINE - FROM ACSD SCHEMATIC — • — • — WATER LINE 9aS— GAS LINE AS BUILT IN NOVEMBER 2002 PER REC 0479217, 0479216, 0479218 —ug—ug— GAS LINE PER UNDERGROUND LOCATES PERFORMED IN TUNE 2012 —Ne—t — COMMON UTILITY TRENCH RAILROAD TIE RETAINING WALL 000mComoo ROCK RETAINING WALL —00— CHAINUNK FENCE — 0 e — WOODEN FENCE — a • — WIRE FENCE BOULDER '1.tY DECIDUOUS TREE CONIFEROUSTREE f ( ((f •,®....JJ EDGE OF VEGITATION ASPHALT SURFACE BUILDING FOOTPRINT PER FIELD SURVEY BUILDING OUTLINE PER CONDO PLAT (TYP) GRAPHIC SCALE t0 0 ]0 ril b AO I IN FEET) —h .10 R. A PARCEL OF LAND SITUATED IN THE NW%4 OF SECTION 18 TOWNSHIP 10 SOUTH, RANGE 84WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 6OF 13 500 BUILDING SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE,COLORADO 81623 (970) 704-0311 IMPROVEMENT SURVEY PLAT WITH TOPOGRAPHY OF: ASPEN ALPS CONDOMINIUM ASSOCIATION SHEET NOTES 1) THE LOCATIONS OF UNDERGROUND UTILITIES HAVE BEEN PLOTTED BASED ON UTILITY MAPS, CONSTRUCTION/DESIGN PLANS, OTHER INFORMATION PROVIDED BY UTILITY COMPANIES AND ACTUAL FIELD LOCATIONS IN SOME INSTANCES. THESE UTILITIES, AS SHOWN, MAY NOT REPRESENT ACTUAL FIELDCONDITIONS. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO CONTACT ALL UTILITY COMPANIES FOR FIELD LOCATION OF UTILITIES PRIOR TO CONSTRUCTION. 2) ASPEN ALPS PROPERTIES ARE SERVED BYA PRIVATE SANITARY SEWER SYSTEM. UNDERGROUND LINES WITHIN THIS SYSTEM HAVE BEEN RESEARCHED BY THE ASPEN CONSOLIDATED SEWER DISTRICT (ACSD) AND WERE INCLUDED ON A SCHEMATIC DRAWING PROVIDED BY ACSD. THESE ARE SHOWN SPECULATIVELY BASED UPON SAID ACSD DRAWING. 3) THE LOCATIONS AND DIMENSIONS OF ADJOINING BUILDINGS AND ROADS HAVE BEEN PLOTTED BASED ON DATA PROVIDED TO SE BY THE PITKIN COUNTY GIS DEPARTMENT. 1) CONTOUR lrtBiVAL IS ONE (1) FOOT. r-j EXISTING CONDITIONS LEGEND 0 CATV PEDESTAL m TELEPHONE PEDESTAL ELECTRIC METER E, ELECTRIC TRANSFORMER O ELECTRIC CABINET/BREAKER BOX d SEWER CLEANOUT m SEWER MANHOLE �J CURBSTOP D4 WATER VALVE «y WATER HYDRANT DQ GAS METER (D ELECTRIC MANHOLE ® WATER MANHOLE ® DRYWELL Q TELEPHONE MANHOLE ® UTILITY MANHOLE } GUY WIRE POWER POLE C LIGHT POLE T SIGN GAS MARKER DRAIN ■ IRRIGATION VALVE OVERHEAD UTILITIES —w—emu— UNDERGROUND UTILITIES OVERHEAD TELEPHONE —ut —ut— UNDERGROUND TELEPHONE OVERHEAD ELECTRIC — u• —uw— UNDERGROUND ELECTRIC —ss SEWER LINE- FROM FIELD LOCATES -- SEWER UNE- FROM ACSD SCHEMATIC WATER LINE 9OS— GAS LINE AS BUILT IN NOVEMBER 2002 PER REC. 0479217, $479216, X479213 —u0—u7— GAS LINE PER UNDERGROUND LOCATES PERFORMED IN JUNE 2012 —w —wte— COMMON UTIUIY TRENCH RAILROAD TIE RETAINING WALL oaooaGc�0000 ROCK RETAINING WALL — o o — CHAINUNK FENCE —oo— WOODEN FENCE WIRE FENCE BOULDER ldl DECIDUOUS TREE CONIFEROUSTREE ((„® EDGE OF VEGRATKN! ASPHALT SURFACE BUILDING FOOTPRINT PER FIELD SURVEY BUILDING OUTLINE PER CONDO PUT (TYP) u r GRAPHIC SCALE 0 0 10 20 60 -l0 h. A PARCEL OF LAND SITUATED IN THE NWY4 OF SECTION 18 TOWNSHIP 10 SOUTH, RANGE 84WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 7OF13 700 BUILDING 061' 1 3�Lclklt:lgl i<LcII 0 CIVIL CONSULTANTS S02 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 1 Ll 1 r] I� u i j 1 71 As Sheet 8 of the Improvement Survey illustrates, Parcel 5 contains approximately 0.514 acres or 22,393 square feet of land area. Existing improvements consist of the Aspen Alps 800 Building, a paved parking area with six spaces, and various exterior stairs and retaining walls. Vehicular access to the 800 Building and its parking area is provided via Aspen Mountain Road which traverses both the parking area and the southernmost portion of the parcel. An easement for the road encumbers the parcel. Neighboring development includes the Aspen Alps 200 Building, the 500 Building, the Ajax Condominiums, and the Aspen Mountain Ski Area. 6. Parcel 6: Undeveloped. Parcel 6 was created in April 1992 in connection with the City's approval of the replat of Lot 2 of the Moses Lot Split, the subdivision plat for which is recorded in Book 29 at Page 65 (see Exhibit 11, Appendix Q. The associated subdivision agreement is attached as Exhibit 12, Appendix C. As Sheet 9 of the Improvement Survey illustrates, Parcel 6 contains approximately 3.402 acres or 148,182 square feet of land area. Parcel 6 consists primarily of Lot 2A of the Moses Lot Split and was acquired by the Aspen Alps Condominium Association in September 1992. The parcel also includes a portion of Government Lot 42, the Association's ownership of which was resolved in 1995 when the Bureau of Land Management remapped the area. In connection therewith, the boundary of Government Lot 33, which was owned by the Association and also lay within Parcel 6, was revised to include Lot 42. With the exception of the 800 Building's parking area, and the parking area located across from the 500 Building, Parcel 6 is undeveloped. The South Alps Road is located entirely within Parcel 6, easements for which are depicted on Survey Sheet 9. As a condition of the replat's approval, the Association voluntarily agreed to a prohibition against development on Lot 2A. The Association also agreed not to use the 20 Ll IMPROVEMENT SURVEY PLAT WITH TO POGRAPHY OF: ASPEN ALPS CONDOMINIUM ASSOCIATION 1 1] 1 F] L� SHEET NOTES 1) THE LOCATIONS OF UNDERGROUND UTILITIES HAVE BEEN PLOTTED BASED ON UTILITY MAPS, CONSTRUCTION/DESIGN PLANS, OTHER INFORMATION PROVIDED BY UTILITY COMPANIES AND ACTUAL FIELD LOCATIONS IN SOME INSTANCES. THESE UTILITIES, AS SHOWN, MAY NOT REPRESENT ACTUAL FIELD CONDITIONS. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO CONTACT ALL UTILITY COMPANIES FOR FIELD LOCATION OF UTILITIES PRIOR TO CONSTRUCTION. 21 ASPEN ALPS PROPERTIES ARE SERVED BYA PRIVATE SANITARY SEWER SYSTEM. UNDERGROUND UNES WITHIN THISSYSTEM HAVE BEEN RESEARCHED BY THE ASPEN CONSOUDATED SEWER DISTRICT (ACSD) AND WERE INCLUDED ON A SCHEMATIC DRAWING PROVIDED BY ACSD. THESE ARE SHOWN SPECULATIVELY BASED UPON SAID ACSD DRAWING. 3) THE LOCATIONS AND DIMENSIONS OF ADJOINING BUILDINGS AND ROADS HAVE BEEN PLOTTED BASED ON DATA PROVIDED TO SE BY THE PITKIN COUNTY GIS DEPARTMENT. 4) CONTOUR INTERVAL IB ONE (1) FOOT EXISTING CONDITIONS LEGEND 0 CAN PEDESTAL m TELEPHONE PEDESTAL p ELECTRIC METER p ELECTRIC TRANSFORMER v ELECTRIC CABINET/BREAKER BOX E SEWERCLFANOUT SEWER MANHOLE YI CURBSTOP M pQ WATER VALVE WATER HYDRANT M DQ GAS METER m ELECTRIC MANHOLE WATER MANHOLE DRYWELL m TELEPHONE MANHOLE ® UTILITY MANHOLE T GUY WIRE 'IIs POWER POLE C LIGHT POLE T SIGN ® GAS MARKER ® DRAIN ■ IRRIGATION VALVE —aeu— OVERHEAD UTILITIES —uu—w— UNDERGROUND UTILITIES OVERHEAD TELEPHONE UNDERGROUND TELEPHONE —a—w— OVERHEAD ELECTRIC —u�—w— UNDERGROUND ELECTRIC — 5] SEWER LINE - FROM FIELD LOCATES SEWER LINE- FROM ACSD SCHEMATIC — — . — WATER LINE (308— GAS LINE AS BUILT IN NOVEMBER 2002 PER REC. #479217, R479216, #479218 —.0 —u1T— GAS LINE PER UNDERGROUND LOCATES PERFORMED IN JUNE 2012 —.t—t— COMMON UTILITY TRENCH RAILROAD TIE RETAINING WALL ®0000�oOo ROCK RETAINING WALL —0 CHAINUNK FENCE —eP— WOODEN FENCE — . . — WIRE FENCE BOULDER i•QZ DECIDUOUS TREE CONIFEROUSTREE EDGE OF VEGITATION ASPHALTSURFACE BUILDING FOOTPRINT PER FIELD SURVEY BUILDING OUTUNE PER CONDO PLAT (TYP) is jli �� GRAPHIC SCALE 20 o to 20 ao I�N�I�I A PARCEL OF LAND SITUATED IN THE NW%4 OF SECTION 18 TOWNSHIP 10 SOUTH, RANGE 84WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 8OF 13 800 BUILDING AND PARCEL 8 SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE,COLORADO 81623 (970) 704-0311 IMPROVEMENT SURVEY PLAT WITH TOPOGRAPHY OF: ASPEN ALPS CONDOMINIUM ASSOCIATION I LI F l�l fi C �I SHEET NOTES 1) THE LOCATIONS OF UNDERGROUND UTILITIES HAVE BEEN PLOTTED BASED ON UTILITY MAPS, CONSTRUCTION/DESIGN PLANS, OTHER INFORMATION PROVIDED BY UTILITY COMPANIES AND ACTUAL FIELD LOCATIONS IN SOME INSTANCES. THESE UTILITIES, AS SHOWN, MAY NOT REPRESENT ACTUAL FIELD CONDITIONS. IT 15 THE RESPONSIBILITY OF THE CONTRACTOR TO CONTACT ALL UTILITY COMPANIES FOR FIELD LOCATION OF UTILITIES PRIOR TO CONSTRUCTION. 2) ASPEN ALPS PROPERTIES ARE SERVED BY A PRIVATE SANITARY SEWER SYSTEM. UNDERGROUND LINES WITHIN THIS SYSTEM HAVE BEEN RESEARCHED BY THE ASPEN CONSOLIDATED SEWER DISTRICT (ACSD) AND WERE INCLUDED ON A SCHEMATIC DRAWING PROVIDED BY ACSD. THESE ARE SHOWN SPECULATIVELY BASED UPON SAID ACSD DRAWING. 3) THE LOCATIONS AND DIMENSIONS OF ADJOINING BUILDINGS AND ROADS HAVE BEEN PLOTTED BASED ON DATA PROVIDED TO SE BY THE PITKIN COUNTY GIS DEPARTMENT. I) CONTOUR RJTERVAL IS ONE (1) FOOT EXISTING CONDITIONS LEGEND p CATV PEDESTAL m TELEPHONE PEDESTAL p ELECTRIC METER p ELECTRIC TRANSFORMER 0 ELECTRIC CARNET/BREAKER BOX a SEWER CLEANOUT m SEW ER MANHOLE YJ CURBSTOP WATER VALVE WATER HYDRANT GAS METER m ELECTRIC MANHOLE ® WATER MANHOLE ® DRYWELL Q TELEPHONE MANHOLE ® UTILITY MANHOLE T- GUY WIRE POWER POLE Q LIGHT POLE T SIGN GAS MARKER ® DRAIN ■ IRRIGATION VALVE —ouw— OVERHEAD UTILITIES —wuu— UNDERGROUND UTILITIES — of — of — OVERHEAD TELEPHONE —ut—ut— UNDERGROUND TELEPHONE —w—o.— OVERHEAD ELECTRIC —u.—w— UNDERGROUND ELECTRIC — sa SEWER LINE, FROM FIELD LOCATES SEWER CANE- FROM ACSD SCHEMATIC —..— WATERLINE 9OS — GAS LINE AS BUILT IN NOVEMBER 2002 PER REC. K079217, 0479216, 9179218 —u0—u9— GAS CANE PER UNDERGROUND LOCATES PERFORMED IN TUNE 2012 COMMON UTILITY TRENCH RAILROAD TIE RETAINING WALL ¢raooOomo ROCK RETAINING WALL CHAINUNK FENCE WOODEN FENCE — .\\ . — WIRE FENCE BOULDER 0- �.(�t'-Y� OECIDUOUSTREE CONIFEROUSTREE ( EDGE OF VEGITATION +..,,,.✓� ASPHALT SURFACE BUILDING FOOTPRINT PER FIELD SURVEY BUILDING OUTLINE PER CONDO PLAT (TYP) A PARCEL OF LAND SITUATED IN THE NW%4 OF SECTION 18 TOWNSHIP 10 SOUTH, RANGE 84WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO cwcr:T a nc'12 SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 GRAPHIC SCALE INFEST) area of Lot 2A to increase the number of existing Aspen Alps Condominium units, their bedroom count, or their floor area (see City Council Ordinance No. 31, Exhibit 13, Appendix Q. The above conditions were agreed to in exchange for the City's permanent vesting of the development of a single-family residence on Lot 2. In addition, the approval prohibited the development of Government Lot 42 in the event it was subsequently acquired by the Association. Based on these provisions, development on Parcel 6 is currently prohibited, and the portion of the parcel comprising Lot 2A of the Moses Lot Split may not be used to increase the density, number of bedrooms, or floor area of the existing Aspen Alps Condominiums. 7. Parcel 7: Winter Building. Parcel 7 was created concurrently with Parcel 6 in connection with the replat of Lot 2 of the Moses Lot Split and is depicted as Lot 2B thereon. As Sheet 10 of the Improvement Survey illustrates, Parcel 7 contains approximately 0.122 acres or 35,314 square feet of land area. Existing improvements on Parcel 7 include the Aspen Alps Winter Building, which contains a parking garage with three affordable housing units, a small outbuilding, and a retaining wall for the Aspen Chance Subdivision's entry driveway. The Winter Building was approved pursuant to City Council Ordinance No. 28, Series of 2001 (see Exhibit 14, Appendix Q. The Final PUD Plat and a PUD/Subdivision Agreement memorializing the approval are attached as Exhibits 15 and 16, Appendix C. A portion of the outbuilding encroaches onto the adjacent Aspen Chance Subdivision property, an easement for which was granted to the Aspen Alps on the Subdivision's plat. Parcel 7 was acquired by the Association at the same time as Parcel 6, and is encumbered with similar development restrictions. The original restrictions imposed in connection with the approval of the replat of Lot 2 of the Moses Lot Split, however, 23 t 1 1 1 1 1 1 1 1 IMPROVEMENT SURVEY PLAT WITH TOPOGRAPHY OF: ASPEN ALPS CONDOMINIUM ASSOCIATION A PARCEL OF LAND SITUATED IN THE NWY4 OF SECTION 18 SHEET NOTES TOWNSHIP 10 SOUTH, RANGE 84WEST OF THE 6th P.M: 1) THE LOCATIONS OF UNDERGROUND UTILITIES HAVE BEEN PLOTTED BASED ON UTILITY COMPANIES AND LOCATIONS NS IN SOME INSTANCES. THESEIDED BY UTILITY CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO COMPANIES AND ACTUAL FIELD LOCATIONS IN SOME INSTANCES. THESE UTILITIES, AS SHOWN, MAY NOT REPRESENT ACTUAL FIELD CONDITIONS. IT IS THE 0.E.SPONSIBIUTY OF THE SHEET 10 OF 13 LONTRACTOR TO CONTACT ALL UTILITY COMPANIES FOR FIELD LOCATION OF UTILITIES PRIOR TO CONSTRUCTION. PARCEL 7 - PARKING/AFFORDABLE HOUSING 2) ASPEN ALPS PROPERTIES ARE SERVED BY A PRIVATE SANITARY SEWER SYSTEM. / UNDERGROUND LINES WITHIN THIS SYSTEM HAVE BEEN RESEARCHED BY THE ASPEN ✓ O CONSOLIDATED SEWER DISTRICT (ACSD) AND WERE INCLUDED ON A SCHEMATIC DRAWING / R. .79632e' U. PROVIDED BY ACSD. THESE ARE SHOWN SPECU LATNNv uELY BASED UPON SAID ACSD DRAWING. RIM ITNwe•vcr•P9sA.or , " INV. IN S • ASA.19' 3) THE LOCATIONS AND DIMENSIONS OF ADJOINING BUILDINGS AND ROADS HAVE BEEN 1. NE IvxwATEI.79saye•"- PLOTTED BASEDONDATA PROVIDEDTOSEBYTHEPITKINCWNTYGSDEPARTMENT. " 4) CONTOUR INTERVAL IS ONE (1) FOOT. / "FOUND W.C.e{1RBM AND \\ ]' D Si DIM GeAli Et 129• PIASTICGAP \ RIM EI.79fi1.M lAS RfeAR\ P[n�ourm cisnxc vaOTrxiNr �\�IT9P1 _ 1.16• PUSTIC CAf tI P16329 foUNI L26` I Eoux° e5 BE61R AND S. R L15'PLA6 CAP L S AILLEGNIU _ ' i / UTF ADDfTNxf /( EXISTING CONDITIONS LEGEND O CAN PEDESTAL 07 TELEPHONE PEDESTAL / ♦� O ELECTRIC METER yO o \\ 0 ELECTRIC TRANSFORMER / F 0 ELECTRIC CABINET/BREAKER BOX ♦ _ oty \\\ \ ` !S SEWER CLEANOUT / J/ m SEWER MANHOLE VF CURBSTOP seM A69.2T �Q WATER VALVE "vNoui Nw 1D•�.o3' I WATER HYDRANT v Nse VCP 17 - INv INws 4 a s\ t, • DC GAS METER ELECTn^ ♦ + _ WATERIMANHOL LE / .•Q / .ice ,sue PA NG AND AFFORDABLE HOUSI ® WATER MANHOLE �i ® DRYWELL BK 61 PG.% •\ l m RMERLYOSES REPLAT TELEPHONE MANHOLE /u ` BulLoafG\ BX 29 PG. ® UTILITY MANHt OLE OOTnR PfT 35,314 sq.R N GUY WIRE ITNfl A� 0.122 Bvest 'Us POWER POLE O LIGHT POLE J• ♦ \ SIGN ® GAS MARKER 4s L• ( ,c(qN �'F° \ oo \' \ �, DRAIN S IRRIGATION VALVE P AND —a—eu— OVERHEAD UTILITIES —w—uu— UNDERGROUND UnUTIES \ ' — Pt — et — OVERHEAD TELEPHONE — ul — W — UNDERGROUND TELEPHONE —a—oe— OVERHEAD ELECTRIC —w—w— UNDERGROUND ELECTRIC �= - \ �• \ ITvr) \� �, coNCRETE " �/// ' LOT6 / \ —as SEWER LINE - FROM FIELD LOCATES a� \� \\\ y* v.M AsvFx cxAxcE suxnvlslpf % \ / SEWER LINE -FROM ACSD SCHEMATIC. E ' IN LINB N RT • 1976 \' —.—.— WATER USE ye \ \\�vEN cRYPI 908— GAS LINE AS BUILT IN NOVEMBER 2002 PER REC. #479217, K479216, R479218 — u9 — L19 — GAS USE PER UNDERGROUND LOCATES PERFORMED IN TUNE 2012� AD; KING BUILDING EDOTPRwT —e —Bte— COMMON UTILITY TRENCH P \\ J,r'. Im/ERT. �, `' PER couxTY CIs l� \ "DIP AEn �, ��ITTPI RAILROAOTIERETAININGWALL LAGufM SAeru u< / 2-vLAs7rW 0000a000:]A�o ROCK RETAINING WALL4s..Lvs9e CHAINUNK FENCES \\ ONCR6TE . wAsTE DETENTION AREA fox t \ D a — WOODEN FENCE E11v STAN16 �. ` ASPEN CHANCE AND rAeABw AIIEA — A %% a — WIRE FENCE u / `ALvs lEr"n coums ,\ (�'JJ BOULDER �' �\ a P ��y1\ 1 •1MSL5P61i -`� �\ r DECIDUOUS TREE f0Ux0K 'Ea. 1.25• PLASM CAP 11 \ \ \ CONIFEROUS TREE ls. e2os1 .D'wloE ruTuaA/ uNEe I dlw "ENTTo NINOER�.1 G wC ACCES A ENE .� �a� 'lRll uDED .!T� ST[)RM INLET / RC. '16, a, 1) P y I -q� U31L > _iLOWIINE=fiB]BT 8A Y � � • \ y� NVERT= NBOSI / EDGE OF VEGRATpN \ ASPEN ANC E aA�a (((���...,,��✓JJ �� \ _ —E" CNA"a tuedmsloN ASPHALT SURFACE � � � . BUILDING FOOTPRINT PER FIELD SURVEY BUILDING OUTLINE PER CONDO PIT (TYP) \ PER CO NTN GIS G FoQmaNrt \ Cx r `PER COUNh f.5 •` IT7N \ �i/ ^\, G IC SCALE euceSPAN"� ,fJ \,�' ,� r .\• 'A�c�ssAND LrrLIw WNABLFTO°PCNI � EASEMENTS SOPRIS ENGINEERING - LLC �' °" 70 0 30 70 lq- eo A.: BB A)O PG U.1 EL=n93M f CIVIL CONSULTANTS /, /INNV DnNEe Ah- 9AesA 502 MAIN STREET, SUITE A3 / a N6WIP-ATE;. 9aA 61' o �TDCARBONDALE, COLORADO 81623 A"TONw RDAAN.OEI-Tw THEB1INAwIDBNTHAIETIAI6 A6i g3COYlReuOI DITKT EWNT wTANr KTY]N - ��� (970) 704-0311 IIA uvoNANToEwcr INTHnsuAvn BImrw-IErrl DM,�BETwu.TEN TEABf iAox THE pATF Of CEATIFCATgN 9QNN rBAEOx � mw Ol C a3Na/v1T TzmP_IAoxDey were amended by the City Council to permit the development of the Winter Building's affordable housing units. Pursuant to Ordinance No. 28, further development of Parcel 7 is prohibited, and its land area may not be used to increase the development potential of Parcels 1 through 5. Parcel 7 is located immediately adjacent to Ute Avenue. Vehicular access to the garage and affordable housing units is provided from Ute Avenue via South Alps Road. Neighboring development includes the single-family Aspen Chance Subdivision, and the multi -family Clarendon and Gant Condominium complexes. 8. Parcel 8: Undeveloped. Parcel 8 is a small, undeveloped metes and bounds parcel located between Parcels 5 and 6 and adjacent to the Aspen Mountain Ski Area. The parcel contains approximately 0.049 acres or 2,126 square feet of land area and was acquired by the Association in 1993. A series of outdoor steps traverses Parcel 8 which connect the Aspen Alps 500 Building on Parcel 3 to the 800 Building on Parcel 5. Parcel 8 is depicted on Survey Sheet 8. B. Easements of Record The project site is encumbered with a variety of miscellaneous easements in addition to the principal access and parking easements described in the preceding section. These encumbrances consist primarily of utility related easements. Several additional easements, however, have been granted which provide vehicular access from South Alps Road to neighboring properties, including the Aspen Chance Subdivision, Lots 1 and 2 of the Moses Lot Split, and the so-called "Heirloom Properties" parcel which is located adjacent to Parcel 6 and the Aspen Mountain Ski Area. There is also a skier access license that encumbers Parcel 6 in the vicinity of the 700 Building for the use and benefit of Lot 2 of the Moses Lot Split, and a mine drainage ditch easement that encumbers Parcels 3 and 6. All of the existing easements encumbering the project site are depicted on Sheet 11 of the Improvement Survey. 25 IMPROVEMENT SURVEY PLAT WITH TOPOGRAPHY OF: ASPEN ALPS CONDOMINIUM ASSOCIATION �Ll I 1 f] 1 I cOUN.. N.LL i AND ISNREII ,.. 11 s.n41n couNO P.R. MAIL ANOSNM u. wuEGR+IF ' TERMKIUSIUTEAWNUEIOFAGREEMENT ! BETWEEN SREGM AND ASPEN ALPS GaANTING PEDEm11AN UCFSSUONG ` E%ImNG ROADWAY v is ^ 0.fC. M41126 FOVNO P.R. NAR A PARCEL OF LAND SITUATED IN THE NWY4 OF SECTION 18 TOWNSHIP 10 SOUTH, RANGE 84WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 11 OF 13 PROPERTY OVERVIEW WITH TITLE EXCEPTIONS/EASEMENTS OF RECORD SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 TITLE NOTES 1) ALL REFERENCES TO "MOSES REPLAT" ARE DIRECTEDTO THE REPLAT OF LOT 2, MOSES LOT SPLIT (A LOT UNE ADJUSTMENT) AND FINAL SUBDIVISION PLAT OF THE GEORGE P. MITCHELL AND H.A. BORNEFELD, 1 R. PROPERTY, RECORDED IN PLAT BOOK 29 AT PAGE 65. 2) PURSUANT TO THE SUBDIVISION AGREEMENT FOR THE REPLAT OF LOT 2, MOSES LOT SPLIT AND THE GEORGE P. MITCHELL AND H.A. BORNEFELD, JR. PROPERTY RECORDED IN Eyw� BOOK 697 AT PAGE 895, DEVELOPMENT OF LOTS 2A, 2B AND E EAP GOVERNMENT LOT 42 IS RESTRICTED. THE RESTRICTIONS WERE MODIFIED BY CITY OF ASPEN ORDINANCE NO. 28, SERIES OF 2001 TO ALLOW FOR THE CONSTRUCTION OF THE PARKING GARAGE AND AFFORDABLE HOUSING UNITS ON LOT 28. 3) THATDOCUMENT LISTED IN THE PROPERTY INFORMATION BINDER FOR ASPEN ALPS WEST AS ITEM 5 OF DOCUMENTS AFFECTING THE LAND IS THAT DEED RECORDED IN BOOK 201 AT PAGE 309 TRANSFERRING LOTS 18, 19 AND 20 OF LITE ADOITION / FROM THE ASPEN SKIING COMPANY TO GEORGE P. MITCHELL SAID DOCUMENT RESERVES A 25' WIDE SKI EASEMENT ALONG THE WESTERLY BOUNDARY UNE OF SAID PROPERTY, SO LONG AS THE EASEMENT REMAINS IN USE AND PROVIDING THAT IF THE EASEMENT IS NOT USED FOR SKIING FOR A PERIOD OF TWO CONSECUTIVE YEARS, "SAID EASEMENT SHALL TERMINATE, AND THE LAND FREED OF THE BURDEN THEREOF." NO SUBSEQUENT DOCUMENTATION WAS FOUND TO INDICATE THE USE LAPSED, HOWEVER, THE EASEMENT IS NOT FOUND ON SUBSEQUENT PLATTING OF THE SUBJECT PROPERTY LLE. THE ASPEN ALPS WEST PLATS). SAID 25' WIDE STRIP OF LAND 5 SHOWN HEREON FOR INFORMATIONAL PURPOSES. SKI TRAVEL ALONG SAID EASEMENT 5 NOT PHYSICALLY PRACTICAL. DUE TO EXISTING TOPOGRAPHY, BUILDINGS, RETAINING WALLS AND STAIRS. 4) THE LOCATION OF THE NATURAL GAS PIPELINE SHOWN HEREON AS THE SUBJECT OF THOSE DOCUMENTS RECORDED AT RIC, R479216, 479217, AND 479228 HAS BEEN PROVIDEDTO SE BY DAVID COOPER P.LS, R29030 AS THE BASIS FOR AN AS -BUILT SURVEY PREPARED FOR KINDER MORGAN, DATED NOVEMBER 20, 2002, UNDER JOB K2115. 5) THAT DOCUMENT LISTED AS BOOK 258 AT PAGE 436 IN THE PROPERTY INFORMATION BINDERS FOR LOT 2A AND LOT 2B, MOSES REPLAT REFERS TO AN ATTACHED EXHIBIT OF A SURVEY WHICH IS NOT FOUND IN THE COUNTY RECORDS. THE ASPEN '—" CONSOLIDATED SANITATION DISTRICT PROVIDED A DOCUMENT LABELED AS THE TRI-CO-MANAGEMENT, INC- SURVEY 7040-8, CALLED FOR IN THE RECORD DOCUMENT. SAID SURVEY DESCRIPTION WAS USED TO LOCATE THE EASEMENT, AS SHOWN HEREON. )SEE SUBSEQUENT SHEETS FOR SEWERUNE LOCATION] 6) THAT DOCUMENT LISTED AS BOOK 700 AT PAGE 676 IN THE PROPERTY INFORMATION BINDERS FOR LOT 2A AND LOT 26, MOSES REPLAT, REFERS TO AN AGREEMENT FORA PRIVATE WASTEWATER SYSTEM TO BE SHARED BETWEEN ASPEN ALPS AND ASPEN VIEW. [SEE SUBSEQUENT SHEETS FOR PRIVATE SEWERUNE LOCATION] lIDWDI ¢ 03Na/IJSI C. Topography/Slope Reduction As Sheet 12 of the Improvement Survey illustrates, the project site's topography rises steeply from the 200 Building on Parcel 2 to the 700 Building on Parcel 7. Pursuant to Section 26.445.040.B. of the Regulations, a reduction in allowable density is required when parcels designated with a PUD overlay contain slopes greater than 20 percent. Pursuant to Section 26.575.020.C, a similar reduction is required for purposes of calculating allowable floor area. The total reduction in floor area attributable to steep slopes, however, is limited to a maximum of 25 percent. As all of the parcels contain slopes greater than 20 percent, an adjustment to each parcel's land area is required due to steep slopes. In addition, Section 26.575.020.C. requires that lands located within an existing or proposed dedicated right-of-way or surface easement also be subtracted for allowable density and floor area calculation purposes. Slope Analysis Maps for Parcels 1 through 8 based on the above requirements have been prepared by Sopris Engineering and are attached as Exhibit 17, Appendix C. The required slope reduction calculations are attached as Exhibit 18, Appendix C. The resulting "Lot Area " of each parcel for allowable density and floor area calculation purposes is summarized in Table 1, below. Table 1 EXISTING LOT AREA Parcels 1 through 8 Lot Area for Lot Area for Parcel Gross Area' Density Purposes' Floor Area Purposes2 1 26,668 21,627 21,571 2 33,163 29,711 29,590 3 42,286 35,681 35,501 4 5 13,612 22,393 13,177 13,883 13,157 14,503' 27 �l IMPROVEMENT SURVEY PLAT WITH TOPOGRAPHY OF: ASPEN ALPS CONDOMINIUM ASSOCIATION u SHEET NOTES 1) THE LOCATIONS OF UNDERGROUND UTILITIES HAVE BEEN PLOTTED BASED ON UTILITY MAPS, CONSTRUCTION/DESIGN PLANS, OTHER INFORMATION PROVIDED BY UTILITY COMPANIES AND ACTUAL FIELD LOCATIONS IN SOME INSTANCES. THESE UTILITIES, AS SHOWA MAY NOT REPRESENT ACTUAL FIELD CONDITIONS, IT 5 THE RESPONSIBILITY OF THE CONTRACTOR TO CONTACT ALL UTILITY COMPANIES FOR FIELD LOCATION OF UTIUTIE5 PRIOR TO CONSTRUCTION. 2) ASPEN ALPS PROPERTIES ARE SERVED BY A PRIVATE SANITARY SEWER SYSTEM. UNDERGROUND LINES WITHIN THIS SYSTEM HAVE BEEN RESEARCHED BY THE ASPEN CONSOLIDATED SEWER DISTRICT (ACSD) AND WERE INCLUDED ON A SCHEMATIC DRAWING PROVIDED BY ACSD. THESE ARE SHOWN SPECULATIVELY BASED UPON SAID ACSD DRAWING. 3) THE LOCATIONS AND DIMENSIONS Of ADJOINING BUILDINGS AND ROADS HAVE BEEN PLOTTED BASED ON DATA PROVIDED TO SE BY THE PFMN COUNTY GIS DEPARTMENT. l) CONTOUR INTERVAL IS ONE (I) FOOT EXISTING CONDMONS LEGEND O CATV PEDESTAL m TELEPHONE PEDESTAL 13 ELECTRIC METER E7 ELECTRIC TRANSFORMER 0 ELECTRIC CABINET/BREAKER BOX a SEWERCLEANOUT m SEWER MANHOLE 1Y CURBSTOP pQ WATER VALVE WATER HYDRANT pG GAS METER m ELECTRIC MANHOLE ® WATER MANHOLE ® DRYWELL m TELEPHONE MANHOLE ® UTILITY MANHOLE r GUY WIRE POWER POLE Q LIGHT POLE SIGN ® GAS MARKER (D DRAIN ■ IRRIGATION VALVE w w — OVERHEAD UTILITIES —vu—w— UNDERGROUND UTILITIES OVERHEAD TELEPHONE UNDERGROUND TELEPHONE OVERHEAD ELECTRIC —w—u.— UNDERGROUND ELECTRIC — ea SEWER LINE - FROM FIELD LOCATES -- SEWER LINE- FROM ACSD SCHEMATIC WATER LINE 9O8 — GAS LINE AS BUILT IN NOVEMBER 2002 PER REC R179217, K479216, K479 — uq — uq — GAS LINE PER UNDERGROUND LOCATES PERFORMED IN JUNE 2012 COMMON UTILITY TRENCH RAILROAD TIE RETAINING WALL ocmoomom MOCKRETAININGWALL CHAINUNK FENCE WOODEN FENCE —.:— WIREFENCE BOULDER ?QT DECIDUOUS TREE CONIFEROUS TREE (((��—..�„✓✓✓ EDGE OF VEGRATION ASPHALT SURFACE BUILDING FOOTPRINT PER FIELD SURVEY BUILDING OUTLINE PER CONDO PLAT (TYP) NaT s: A®IFnNc ro mFdum uw rou MRTmN.RNt2 un roN eisEo uroN un oertcr Ix TN¢Ravnwmw�,wE.E,va �FTEM �W RIOT 06fDYE11 YICN pEFKf. IN ND EVEM Nw� NFIF /GTpF BASF UwN.N. pEFER w TN69)RVA N mF.vKm.Foa TNW RN r GRAPHIC SCALE w o ss so m m IN FEET I min -so A A PARCEL OF LAND SITUATED IN THE NW%4 OF SECTION 18 TOWNSHIP 10 SOUTH, RANGE 84WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 12 OF 13 TOPOGRAPHY OVERVIEW SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS S02 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 6 148,182 38,226 71,9173 7 35,314 25,427 26,0083 8 2,126 496 1, 5953 i ' Totals 323,744 178,228 213,842 1 All land areas measured in square feet. 2 Based on the Slope Analysis Maps prepared by Sopris Engineering, LLC dated March 4, 2013. 3 Pursuant to Section 26.575.020.C., the total reduction in allowable floor area due to steep slopes shall not exceed 25 percent. D. Infrastructure An analysis of the project site's infrastructure has been completed by ' Sopris Engineering, LLC and is attached as Exhibit 19, Appendix C. The resulting engineering report addresses the Aspen Alps Condominiums' existing access roads, utilities and drainage conditions. As one of the purposes of this application is to memorialize the parcels on which the Condominiums are located as subdivided lots, and to record a plat thereof, special review approval to vary the subdivision standards of Section 26.580 of the Regulations will be required as various components of the Aspen Alps existing infrastructure are inconsistent therewith. Such variances are permitted ' pursuant to Section 26.480.050.C. The report's principal findings, and the required variances from the subdivision standards, are summarized below. The special review requirements for such variances are addressed in Section V.C. of this application. 1 1. Access Roads. As discussed previously, vehicular access to the 300, 400, 500 and 700 Buildings and the Winter Building is provided from South Alps Road, a private roadway located entirely within the project site. The road lies within a twenty foot access and utility easement, and additional easements have been granted to ►W' several neighboring residences who also utilize the road for access purposes. The actual roadway, however, lies outside the designated easement in several locations. The subdivision plat to be recorded following the receipt of consolidated PUD approval will depict a revised easement to correct these anomalies. As the engineering report indicates, South Aspen Road is approximately eighteen foot wide. Its grade ranges from approximately 4 to 12 percent with an average grade of 8 percent. As constructed, the road does not meet the Regulations' applicable minimal width, grade and right-of-way requirements. Sidewalk, curb and gutter is also Rnon-existent and cannot reasonably be provided given existing building locations, retaining walls and adjacent hillsides. In addition, no cul-de-sac, "T" or "Y" area is available at the end of the road for fire truck turnaround purposes. The Aspen Fire Protection District ("AFPD"), however, has indicated that the existing road is acceptable should replacement of the 300, 400, 500 and 700 Buildings be proposed provided a minimum eighteen foot paved surface is maintained, all structures are equipped with fire suppression systems, and an adequate emergency vehicle turnaround is provided. Access to the 800 Building and the neighboring Ajax Condominiums is �i provided via Aspen Mountain Road. A twenty-two foot easement for the upper portion of the road encumbers Parcel 8. More limited easements for the lower portions of the road encumber Parcel 6 and the adjacent Ajax Condominiums parcel. The road is approximately twelve feet in width and has an average grade of approximately 12 percent. The road does not comply with applicable width, grade and right-of-way ' requirements, and an adequate turnaround for emergency vehicles is not available. No sidewalk, curb and gutter is present, and cannot be provided given existing site constraints. As presently configured, Aspen Mountain Road is unacceptable to the AFPD. The road, however, cannot reasonably be improved given its current alignment. 1 30 F+ L I 1 Special review approval is requested to address the above inconsistencies with the City's subdivision street standards and to permit the retention of the existing South Aspen Road and Aspen Mountain Road conditions until such time as replacement or redevelopment may occur. Approval conditions, however, requiring improvements to the roadways as requested by the Aspen Fire Protection District, and to address applicable subdivision standards in the event of replacement, are appropriate and acceptable to the Applicant. 2. Water. The City of Aspen provides potable water for the Aspen Alps Condominiums via a network of water mains consisting of varying pipe sizes and materials. As Sheet 13 of the Improvement Survey illustrates, the primary source of water is a 6-inch looped main that departs Ute Avenue at its intersection with South Aspen Road, follows the road's alignment to the 500 Building where it connects to a 12- inch main located on the adjacent Aspen Ski Area property. The 12-inch main, which runs north and south, in turn connects to an existing main in Ute Avenue near its intersection with Spring Street. The main in South Alps Road provides water to the 300, 400, 500 and 800 Buildings, the Winter Building, and to two fire hydrants located adjacent to the roadway. Water service to the 700 Building is provided from an extension of the southern leg of the 12-inch line on the adjacent Ski Area property. Water for the 100 and 200 Buildings is obtained from an 8-inch main located in the Ute Avenue pedestrian walkway. Two additional fire hydrants are located near the intersection of Ute Avenue and Spring Street and adjacent to the 700 Building, respectively. It should be noted that a fire completely destroyed the 400 Building in the early 1990s and portions of the 500 Building in 2007. In connection with their reconstruction, fire suppression systems were installed in both buildings. The AFPD has 31 1 IMPROVEMENT SURVEY PLAT WITH TOPOGRAPHY OF: ASPEN ALPS CONDOMINIUM ASSOCIATION A PARCEL OF LAND SITUATED IN THE NWY4 OF SECTION 18 TOWNSHIP 10 SOUTH, RANGE 84WEST OF THE 6th P.M. SHEET NOTES CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO 1) THE LOCATIONS OF UNDERGROUND UTILITIES HAVE BEEN PLOTTED BASED ON UTILITY SHEET 13 OF 13 MAPS, CONSTRUCTION/DESIGN PLANS, OTHER INFORMATION PROVIDED BY UTILITY UTILITY OVERVIEW COMPANIES AND ACTUAL FIELD LOCATIONS IN SOME INSTANCES. THESE UTILITIES, AS SHOWN, MAY NOT RE TRACTOR TO CO TACTACTUAL L ELD UTIU Y COMPAS.NIES S LS THE FIELD LOCATION OF UTILITIES CONTRACTOR TO CONTACT ALL UTILffY COMPANIES FOR FIELD LOCATION OF UTILITIES PRIOR f f �� TO CONSTRUCTION. 2) ASPEN ALPS PROPERTIES ARE SERVED BYA PRIVATE SANITARY SEWERSYSTEIA ars UNDERGROUND LINES WITHIN TH IS SYSTEM HAVE BEEN RESEARCHED BY THE AS PEN / y, /�\ `� ASPEN CHANCE CONSOUDATED SEWER DISTRICT (ACSD)AND WERE INCLUDED ON A SCHEMATX: DRAWING \ Lm5 PROVIDED BY ACSD. THESE ARE SHOWN SPECULATIVELY BASED UPON SAID ACSD DRAWING. // 'VTF AODFTi011 \ LWI 3) THE LOCATIONS AND DIMENSIONS OF ADJOINING BUILDINGS AND ROADS HAVE BEEN / CIAENWM PLOTTED BASED ON DATA PROVIDED TO SE BY THE PffXIN COUNTY G6 COND DEPARTMENT. - <,V OS 4) CONTOUR INTERVAL 15 ONE FOOT. ^ / CONOOMMNAL ,VC ` ♦ eouNG RY \ PER COx00 PLAT _ PARK AND ® AFFORDABV RDA64EHOUSING APPMENT AREA Of GMMOF iA.EMEM CENTERLINE OF AS BUILT G PIPELINE PER REC. RM217 I \S. TO COMCAST OF COLORADO/FLOMDA µD. WIDE%PE11NE POW FOR BROADBAND COMMUNICATIONS SERMCE 1DO µEAMIJILDING INC WIDTN GRFENI /y MlTB] DERmMR' RGAN RIC PEG ASPEN OMM.i E101AGREEMENT � �� REC. R5729R9SIGNEDBYMS TPDN - Y ANDASPFx AVB YLplT 11WE ISEE TITLE NOTE AI I S µ ACCFSSALOIRG coew SREGB' 4 LAGUNA—IRR EXISTING CONDITIONS LEGEND EImAG ROADWAY NOLUNGs uc \ PK.RIRlllfi \ EWE Of.. IT ACCESS'WOt Ul'I C CATV PEDESTAL 1 ` ITT') FORfi6�cNACE, m TELEPHONE PEDESTAL / \eJwrm PG. AID E7 ELECTRIC METER --- L ELECTRIC TRANSFORMER ELECTRIC CABINET/BREAKER BOX \ EWE OF—ALT �/ 1 d SEWER CLEAN OUT __-.. c ;"� (I'm J�. NALL SEWER MANHOLE ASPENMWMAM '1� / �IfTE TRAI BLACKcle /' / ASPEN aAIJ[E U CURB STOPCHALET 1' Iqi'AcctSS MSEMEM 11 pQ WATER VALVE S SKY NOIEi ,-TONM CONDO \ P '� WATER HYDRANT UTILITY EA 353 /V '- CENE.EMEDFll'WIDF 10' SOUME E K ARM \ SO' 11TIlfTY FASEMEM J` SEWER EASEMENT // NTED TO N CR ELECFPIC (/l0f PG.261, K 21 JB / eK 25A RG. R96 I ME Of-BUVU[GAS %PEIIME CENT ED PFDSTRIG \ \ 20'WBI pd GAS METER FFUUUUAAIIII REC. A)921> FORMER ` �' ISEE TITLE NOTE 51 C 11 AND6 ' WNW PP U. POW PEN ALPS BIT,'SB6 PG. Afi ACCESS AND L?IIIn EASE \` ELECTRIC MANHOLE O KI a RTORGAN MC. REC BK 6iP Rfi 915 % PG 5• 1 ACCESS AND UIel1Y 1 MJ9216(m) (1008LD) v ILPRO 470 TO I _ CASEMENTS ® WATER MANHOLE I ETRLE MOTEA [OMpOMMIyM Bi .91, Bk. 13 PG .}� ASPEN CHANCE eK. R)O PG 01 \ FOR ASREM CNMICE \ T ® DRYW ELL NMRY � IA STO ASPFMAIPS H ^l� . _ I BK AA Rb. TeO m TELEPHONE MANHOLE I / J ER ioN00%Ar / / (-'-"v \ \, 2 L _I____ ® UTILITY MANHOLE LnMG / _lJl 21 Drtcx �- , - LOT ZA BA.29 Pc. \� RINT N GUY WIRE nfTYPI a 1 �TTT IIIE - CENTERLINE OF AS -BUILT GAS PRIEUNE ASPEN ALPS SOUTH- qu POWER POLE - E I�--/� TV WIDE PEP R-79217 / E� ACCESS FASE M AND 6IF WIDE PPEUNF A— ]x LIGHT POLE VENUFIOF AGR[FNBIT t� br ASPEN ALPS WEST BK l9 PG TO KINDER MORGµ NK. AEC. MIINM BOIL ESTRMNKC6S LOA -�- SIGN KEGBYANAVS Osu THIRD SUPP CEMAALONG '� / N79216(ml PER CONDO m T(.l ® GAS MARKER OF REc AA �� A��i PEN ALPS WEST \ - _ i BULLDRIc ISEE TITLE NOTE.I ss 3D0 BLD / _ F�TPnINr an ss ss i DRAIN (2008<D) AREA -OF EN oACNMnrr ucENSE sD' fTYPI _ '-s ^ 1 ■ IRRWATgN VALVE tOR ATURAI"GAS VIPEUNE i _ ASPEN ALPS WEST CONDOMINIUM REC. M19i1e;' / 'J'� ADD 5 LOT 1, SREMT / eouNDARY —d—w— OVERHEAD UTILITIES � _ -_..-.SECONDSU IT. CONoo nA / / EDGIL �ASNIALT —w—uu— UN DERGROUNOU71LMES Im.l AIAK coNW _ — Pt OVERHEAD TELEPHONE 9 Assoc : y� us —ut—ut— UNDERGROUND TELEPHONE a / SS AAND —w—w— OVERHEAD ELECTRIC / - Y /TO WIDE / ASEMEM / —w—w— UNDERGROUND ELECTRIC ?P �EE�EMEIHC/?� As..E. ll' o(. cc_CME1 AND urr B 217 w.59B Y SEWER LINE - FROM FIELD LOCATES JD BK. Se9G..ls / ROWOTSPECTNM 'FN usEME a ].0 O['FU051 ILECTA ErvILArnO FFFggq / aK zsw S LOT 2A/ ---59 - SEWER UNE- FROM ACSD SCHEMATIC ss {} /\ CEMTEMD0 a xyADI EDGE Of A51NNT W ` \- - N — P — WATER LINE PLATTED , g ` -' l0'ACc —gas— GAS LINE AS BUILT IN NOVEMBER 2002 PER REC #479217, 1479216, N479213 \ vNP LOTR2 > Mq roR Lo71 / C),. G L ] OVERW hg \ ACCESS\ lOf3%R —ue—IFB— GAS LINE PER UNDERGROUND LOCATES PERFORMED IN JUNE 2012 L e t7''7JG SMT FOR —Rte—RLe— COMMON UTILITY TRENCH * F ASP N LPS NORTH / / LOT 2A R.o Pn.n TIK PKT.IMLt._L,.II ?� b� emLDRLc EA ( / / O / rvRen BID) Lie ASPEN ALPS WEST �EEM E P. AMENDMENT NO.1 c - /�-.l�o� / �CEI - ` LOT 2. NOSES REFAT LOTl L+C e MFNI -- NEIRLOOM PROPERTIESY A. AGREE E \ PG W - --- AREA OF NFNSf AGREEMEIT cm --PEN ALPS S MOSFS LOT SRR ,e OC U u FOR PEDESTRIAN AND VENKUTAR ACL eOVNDAIIY AND 2ND SUPP \ A - 9EEn-PG'.-BK'nj DG_AO RER CONDO MT (70D BLD) / AR' y (TYP.) + ASPEN AIDS NORM UO uC u us LITTLE NELL • 7 ue ue SECOND SUPP SUBONGA)N � S W IF ON E M — 11LL UI . ELCEIIK ASPEN ALPS NORM FOR NATURAI GAS -HP EIM uFIR�� • • K 374 Ile FIRST SUPP .Rl A2M (PER MOS EPLATI �✓ G OF ENCROACHMENT MENTE NGCO P LAID GR ENA FROM ASP EN SKIING COMPANY TO WEN tOR SLNISMBACE OMPA ,uc RLOF 2.SKIERMU ACCESS LICENSE GROUND ANCHORS COMPANY LLC FOR LOT 1, MU - BC 697PG. 811 G, \ INOTSPiRBA NOT SPECPiCAL1Y f1E5CRIBEOI f r GRAPHIC SCALE so D 1. .D 1. 200 SOPRIS ENGINEERING — LLC (IN FEET I CIVIL CONSULTANTS 11RsN .5o R. 502 MAIN STREET, SUITE A3 NRKE: A DlTo LDIDRAOO JAW YOU —COMMENCE ANY IfGLL ACFION BASFFDU PON AMY DEFECT.. THBwRNnwONNrIwEF YEARS CARBONDALE, COLORADO 81623 AFRRYW PRD aISmVfRSUCM [NFER INMEVfNf MAY AM ACFOI e sEDD.D»•» DErr »*� aRY BECCAA x�.DMDIe'W,»TDI (970) 704-0311 lAORDI Cl.—VB.l--ERDNGG MTIR PATE OF CFRiIDCATDN SHOWN HFafpL [7 1 I 1 indicated that the remaining Aspen Alps buildings will require fire suppression systems upon their replacement. While the AFPD currently requires internal piping for such systems in connection with any significant remodel of an existing unit, sprinkler heads are prohibited until a fire suppression system is completed for an entire building in which the unit is located and connected to an adequate source of water. The above requirements may necessitate that both individual building service lines, and the 6-inch main in South Aspen Road, be upgraded to provide an adequate water supply for the fire suppression purposes. An approval condition requiring fire flow tests at the existing hydrants along South Aspen Road to determine available water pressures is appropriate and is recommended by Sopris Engineering. The resulting information will be used to determine required improvements to the water distribution system should replacement of the existing Aspen Alps Condominiums be proposed. As the Regulations' subdivision standards require that all potable water mains be a minimum of eight inches in diameter if the length of the main is greater than two hundred feet, special review approval is requested to permit the retention of the existing 6-inch line in South Aspen Road should fire flow tests determine the line to be adequate for fire suppression purposes. Should future replacement or redevelopment plans require upsizing of the existing main, or its integrity is found to be unacceptable, a minimum 8-inch main will be provided as recommended in the engineering report. Consolidated PUD approval conditions addressing this issue are appropriate and acceptable to the Applicant. 3. Sewer. Sanitary sewer service for the Aspen Alps Condominiums and the Winter Building is provided by the Aspen Consolidated Sanitation District ("ACSD"). The 100, 200 and 800 Buildings are served by a 10-inch main located in the portion of Ute Avenue between South Aspen Road and Spring Street which in turn 33 connects to a 12-inch main that runs north in Spring Street to Durant Avenue. An 8-inch ACSD main extends from Ute Avenue approximately 450 feet up South Alps Road at which point two privately owned and maintained sewer lines provide service to the 300, 400, 500 and 700 Buildings and to several neighboring residential units. The sizes of the two private sewer lines is presently unknown. Sewer service to the Winter Building is provided from an 8-inch ACSD main that extends east in Ute Avenue from its intersection with South Alps Road. Various issues are identified in the engineering report with respect to the individual service lines that connect the Aspen Alps buildings to the ACSD collection system. While these issues are not believed to be significantly problematic at this time, any replacement or redevelopment of the Aspen Alps Condominiums will need to address the issues and comply with ACSD requirements. Required improvements will depend primarily on the nature and extent of any such redevelopment. An approval condition requiring compliance with applicable ACSD requirements upon replacement or redevelopment is appropriate and acceptable to the Applicant. 4. Shallow Utilities. Shallow utilities serving the Aspen Alps Condominiums and the Winter Building include electric, cable TV, natural gas and telephone. Electric service is provided by Holy Cross Electric. Service to the individual buildings is obtained from various electric transformers located within the project site. The main electric corridors for the area's underground electric lines include the Ute Avenue right-of-way and a main line that runs south along the project site's western boundary, portions of which are located within the adjacent Aspen Mountain Ski Area. As the engineering report indicates, any replacement or redevelopment of the existing Aspen Alps Condominiums may require relocation and/or replacement of some or all of the existing transformers. Cable TV service is provided by Comcast from numerous on- 34 1 1 I I fl I 1 t site pedestals. The main cable corridors are also the Ute Avenue right-of-way and the east side of the adjacent ski area. Natural gas service is provided by Source Gas via a system of laterals that connect to a main line in Ute Avenue. While the gas mains and individual service lines are believed to be adequate to accommodate the existing Aspen Alps Condominiums, redevelopment may require increases in line size and replacement of some pipe materials depending on projected demand. Telephone service is provided by Century Link. Numerous pedestals are located within the project site and are served by a network of multiple telephone lines emanating from the 200 Building. In addition to the Aspen Alps Condominiums, these lines serve the Ajax Condominiums and several neighboring residential units. Any replacement or redevelopment could require rerouting and/or the expansion of the existing telephone lines. 5. Drainage. The project site is situated at the northeast base of Aspen Mountain. As discussed in the engineering report, this area lies within drainage System 1 which collects runoff from Spar Gulch and the east side of the City. Runoff from this basin is directly to either a 24-inch corrugated metal pipe located at the southern end of Spring Street or to a concrete channel located at the intersection of South Alps Road and Ute Avenue. The concrete channel includes an 18-inch polyethylene pipe that collects minor flows. The concrete channel and pipe are both connected to a 36-inch plastic storm sewer in Spring Street which in turn connects to a storm sewer in Main Street which subsequently discharges into the Roaring Fork River. Runoff within the project site that is not routed to various on -site drywells follows natural surface drainage patterns and ultimately discharges to the storm sewer system described above. According to the Aspen Alps maintenance staff, various roof gutters and downspouts are routed to the sanitary sewer system. M I 1 L� F I 1 Portions of the project site (i.e., Parcels 1, 2 and 7) also lie within a mapped mudflow hazard area. Parcel 2 and portions of Parcel 1 lie within the "Blue" mudflow zone. Development within the Blue zone that includes modification of existing grades or creates obstructions will be required to perform a 100-year mudflow analysis to demonstrate that the proposed development will mitigate any mudflow issues and not adversely affect neighboring properties. Parcel 7 and portions of Parcel 1 lie within the "Yellow" mudflow zone. Mitigation requirements within the Yellow zone are identified by the City Engineer on a case -by -case basis. Replacement or redevelopment of the Aspen Alps Condominiums will require compliance with the stormwater mitigation requirements of the City's "Urban Runoff Management Plan" and, potentially, require the preparation of a 100-year mudflow analysis for the property. Approval conditions requiring compliance with the Urban Runoff Management Plan and, in the event required, the City's mudflow hazard area regulations upon replacement or redevelopment are appropriate and acceptable to the Applicant. E. Vegetation The project site's existing vegetation can generally be divided into three zones: native plantings, residential landscape plantings, and building foundation plantings. The native planting zone covers the majority of the property. Plantings in this zone include serviceberry, gambrel oak, native grasses and other such species indigenous to the area. The native planting zone is important in that it creates the overall character for the property providing both privacy and a natural transition between the various buildings and the surrounding landscape. Maintenance of the native area is important to both the condominium unit owners and the larger community given the visibility of the property from both on and off -site locations. W 1 I 1 1 ['I 71, 1 The residential landscape zone includes more traditional plantings in areas that have been disturbed by development, and which provide pleasing gathering spaces for the condominium owners and guests. The pedestrian zone between the 100 and 200 Buildings is indicative of the plantings in these areas and includes open lawns with a variety of deciduous trees and shrubs. The plantings offer a pleasing passageway to both residents and other community users. The landscape planting area near the 300 Building is of a similar character with an open lawn that is of significant appeal to adjacent residents. Pedestrian pathways and exterior stairways serve as important connections between the property's residential zones and the native landscape areas providing attractive ways to move up and down the hillside. Plantings adjacent to each of the buildings include both annual and perennial plants as well as ornamental shrubs and trees. The plantings in this zone define the building entryways and help to create privacy between the units and neighboring pathways. These plantings are important to provide separation between public and private activities but the real character of the property is created by the large swaths of undisturbed native plantings. IV. EXISTING DEVELOPMENT As the primary purpose of this PUD application is to establish the Aspen Alps Condominiums as conforming structures in the L, Lodge zone district, a detailed analysis of the existing buildings' dimensional characteristics has been undertaken. Derek Skalko of 1 Friday Design Collaborative was retained to develop "as -built" drawings of the existing condominium structures and the Winter Building, and to determine their relevant dimensions. The resulting data was then compared to the dimensional requirements of the Lodge zone district to determine the extent of the buildings' existing non -conformi- ties. The results of this analysis are summarized as follows. 37 I I I F 1 r i A. Parcel 1: Aspen Alps 100 Building As the as -built drawings on the following pages illustrate, the 100 Building consists of a two-story, multi -family structure with a partial basement. The building contains eight 2-bedroom units on each floor. The units are essentially identical in their configuration, and contain approximately 1,133 to 1,515 square feet of net livable area per unit. The building's basement contains a conference/dining room with a kitchen and a bar, men's and women's restrooms, a laundry area, and an owners' storage area. While the basement at one point housed a commercial restaurant, the area is currently used by the Aspen Alps Condominiums for various accessory purposes. The 100 Building contains approximately 21,417 square feet of floor area, excluding its decks and exterior stairways which are exempt from floor area calculations. The pool shed on Parcel 1 contains approximately 182 square feet of floor area. Additional development data for Parcel 1 and the 100 Building is provided in Table 2, below. Table 2 DEVELOPMENT DATA Parcel 1 1. Minimum Required Lot Size (Sq. Ft.) 3,000 2. Existing Lot Size (Sq. Ft.) 26,668 3. Minimum Required Lot Width (Feet) 30 4. Existing Lot Width (Feet)' 192.5 5. Existing Lot Area (Sq. Ft. )2 For Density Purposes 21,627 For Floor Area Purposes 21,571 6. Maximum Allowed Dwelling Units @ 3,000 7 Sq. Ft. Lot Area/Unit 7. Existing Dwelling Units 16 U-11 ----- ----LI1L1L1�---�T. STA - - � IRS BICYCLES Sq Ft ota I I II OFFICE I I II oor I I II I I II I I II \ I I II II u II BREAK / KITCHEN II n II u II u II II n I I II I I II LIND / 1 I $TORA II II I I I II I I I`---------JL---------JI - — — — — — — — — — -----z----- I 1 I I I I I I I ---J----------- 1 100 BUILDING: Existing Lower (Sublevel Plan),,.' As W0.A SCALE: 1/8' - 1'-V I ' I � 1 I I i I I — ��= it I II N afpLOOI amrnaLt ate+otr U %CW J_ ¢IMET ¢[iei ¢O<1F 5 MTM(1011 I /� 1� � 1 ROWff rt(NMfiE � 7 UNIT 101 UNIT 102 =1 tos 01�"p 1, 139.8 SqR 1,135.6 Sq Ft Net LNable Net LNable I I LNeq NiA tMp AIEI, I I I I I r— I I I I I - ■ - 9.. � 1,�/ 1�'I 0 IF - 1 I I I I I I I I I I I J L L62.4 I II � \ &10 0 BUILDING:Existin Filfst I SCALE : 1 /8' = 1'-0' I I � i I -----------------------1 T - --------------------------------- - - - - ------------ - Y ---I -------------------------------- I ------------ I OWNERS STORAGE li II I I STORAGE & ° I II I I COMPUTER MECHANICAL II II I I 004 ® II II I I 4,916.5 SQ FT ACTUAL FLOOR AREA n 2,940 SQ FT TOTAL WALL SURFACE AREA n I I 1,139.5 SQ FT WALL SURFACE EXPOSED = 38.8 _ II % EXPOSURE FLOOR 0 @ 38.8% (4,916.5 SQ FT) II I I a 1,907.6 SQ FT FAR it CONFERENCE / DINING II I I BAR / KIT N I "B" II I I A 4.916.5 Sq Ft Floor Area 1 I I I :CE Total : Subgrade Level I I I I I I I I II -- - -JI IL---------JL---------JI j HALL MEN _ _ _ _ OUTDOOR TERRACE FOR _ _ 010 072 LOWER LEVEL CONFERENCE AREA POO MEC ao1 WOMEN 7940 ELEVATI 1s I DECKING ABOVE I I i' . � i _ J--- — — —— — —— ------------------------------------------------------------------------ �---- — — — — — — -----------------DECK—G ABOVE — — — — — — — — — — J --------— ----- GRADE--- BELOW ------------- SUB � — -- —_ ---—-----====___--7. I ' 9,473.2 Sq FI Floor Area / 100 Building First Level �TMI' ewrnv I30gY afliOt•1 a®1100.1 aFCa0Y1 s®,1oou a3M!'1IlY EOMCCV eEpRJP1 aEJllfd BEi]Rlo: aefleJ.71 aEf1110011 MINIIWLI MiletlbYl UNIT 103 UNIT 104 — ------ UUNIT 106 JR eM UNIT 107 FR¢OI------------ UNIT 108 1°61,135.6SqFt n 1,135.6SgR °M•4 1,11,135.6SgR 01M� 0Y1tl 1,135.6Sq Fl rn 1, 139.6Sq FtNet Livable Net LNIe NeNet Llvabk Net tJwble Net LNable ,N� INicw �vra uv.a Nw� FI 179SgRUNIT 777 103/104 BALCONY--JL-------------------------J-------------- DECKING ABOVE 9,473.2 Sq Ft Floor 100 Building + 182. Pool Shed = 9,655.6 Sq Ft Total First Level 1 7940 I A •SU RADEBELOW '— ELEVATION ----------- - — I ,--------- ------ o , I I �-Aspen Alps n 7 1 1 7 u F U a] r------- ----------T— T------------------------------- --- ----- ----------T— ----- I \\ 2ND FLOOR' BALCONY -COMMON ELEMENT 1,017.3 Sq Ft \\ I / / _ 1 n`tMr FxON \ / otrm axrm armr exrrtr -a,m. \ / 1 1 aEOR00M BFOR001i E0110pM \ \ EO»OOM EonooM / / aenaoou BFO»WM eFnnoaM aernooM aeanoM aFanooM \ \ EOeOOM BEDROOM / / BFDaLIgI aFtataaM \ / 1 uuo aoeFr c_eaet aopr aocn 4-m 4�1_ T 231 coon aaaat I at.,»a — uMm w awe nouaF 1 1 M1N90CM / IBICIal1 / — \ \ MTM(W MTM10011 / IOIU!» / \ Gl»KrJY \ NROlY MTMO'1I / n101pl / \ \ \ b11.anOY � / Ig1C»W / \ \ UNIT109 UNIT\1\10 UNIT 1Lil UNITi42 UNIT LY3 UNIT 114 IT UNIT LfS UNIT 112 \\ \\ 118 /1,134 Sq Ft Net r 1.133 Sq Ft N t ; °M1Mp / 1.133 5q Ft Net n 1,133 5q R Nt \ pN1V0 \\ 0N1M0 / 1,133 Sq Ft Net 1,133 5q Ft Net onan / 1,133 5q R Net E I,134 ❑vable U-ble \ Llvabla livable Uvable Livable \ Livable Livabl u+w wen uvi»o uvw .vwo Lm»B �vt»o L--------� �_____J \r_--_—� �� L� �� 235 Sq Ft — —% 235 Sq Ft p _ �% 235 Sq Ft _ —% 235 Sq Ft 10ZJ/i1-0�ALCONY -�'- 1'1i/41ZBALCONY E --'- 113/4l�BALCONY ----- 9,853.9SgFtFloor Area:100- 113/}1�BALCONY Building - Second Level UNIT 109 Loft 109 390.7 Sq Ft Net ❑ lhabN �oFt aeiw: r— 9 77= " POOL SHED ROOF 221 9r= __1rr__ G 11 u u u IF=___=*=___= T II U II II U u % IL= u u o u u u \ " . / II II II ' FT II II II '! it II II II II n II BUILC�jING 1(j0-IOF' ❑ 4MPEWEA 4E SURAKE AUA R 12,FAT - -- , _--__- --- — --1s --- --=1 u u I u U u II J II I I I I �II� II II II II II � o c _ e 7 II II II II II II II II II U II u II u IILL R 51 �i R 9 1 • 1 e»rmr 1 1 ELM`0011 1 1 �\ 1 awn 1 it vnmaM 1 1 — piiJlN I I I 116 I \\ I \ 1 Sq R Net e \ \ 1 1 7\,)- J t 11100 BUILDING: Existing Second Level (Upper) Plan - Aspen Alps 100-B SCALE: 1/8" = V-T IF __===F__== 11 u II u I I -v= �21100 BUILDING: Existing Roof Plan - Aspen Alps 100-8 SCALE: 1/8" = VV It=_____� U r=1f I �I LLL====11 I u i-r1= =; =J— 4 a flll�flll�llllf�l��llll�llllIIIIIIIIIIIIIIIIIIII�II�IIII��II`�IIIIIIiil��lilll�i111illl�lllilllllllld��i��ll���l�lllllil����lll� �� i FN ii;r•�y�NOR ��•�si i• : � s;��,�s1,���:�1,1\is�::=11., �I Stair/ Deck Area Net Livable Floor Area 1 ,00-D s00 BUILDING: Level 0 Subgrade) Sq Ft Breakdown Diagrams -Aspen Alps %2_­, 100 BUILDING: Level 1 First) Sq Ft Breakdown Diagrams - Aspen Alps 100-D SCALE : 1/16' = V-0' 109/110 111/112 113/114 115/116 i3 100 BUILDING: Level 2 Second) Sq Ft Breakdown Diagrams - Aspen Alps 100.D SCALE : 1/16' = 1'-0' BUILDING 100 - ROOF IMPERMEABLE SURAFCE AREA 12,473 SQ FT 4 D U 100 BILDING: Roof Plan Sq Ft Breakdown Diagrams - Aspen Alps LEVEL 0 - SUBGRADE LEVEL: 1,907.6 SQ FT FLOOR AREA 4,916.5 SQ FT ACTUAL FLOOR AREA 2,940 SQ FT TOTAL WALL SURFACE AREA 1 ,1 39.5 SQ FT WALL SURFACE EXPOSED = 38.8 % EXPOSURE FLOOR 0 9 38.8% (4,916.5 SQ FT) - 1,907.6 SQ FLOOR AREA ROOF SURFACE AREA INFORMATION: 100 BUILDING: 12,473 SQ FT POOL SHED: 221 SQ FT TOTALS: 12,694 SQ FT IMPERMEABLE ROOF SURFACE AREA LEVEL 1 - FIRST LEVEL: 9655.6 SQ FT FLOOR AREA DECK TOTAL IN ACTUAL SQ FT - 179 SQ FT 9,473.2 SQ FT ACTUAL FLOOR AREA MAIN BLD 182.4 SQ FT ACTUAL FLOOR AREA POOL SHED 100% SQ FT WALL SURFACE EXPOSED = 100% = 9,655.6 SQ FT FLOOR AREA FIRST LEVEL UNIT INFORMATION: 101-108 UNITS 101: 1,139.8 NET LIVABLE 102: 1 .1 35.6 NET LIVABLE 103: 1 .1 35.6 NET LIVABLE DECK: 179 SQ FT SHARED W/ 104 104: 1.135.6 NET LIVABLE DECK: 179 SQ FT SHARED W/ 103 105: 1.1 35.6 NET LIVABLE 106: 1.1 35.6 NET LIVABLE 107: 1 .1 35.6 NET LIVABLE 108: 1,139.8 NET LIVABLE LEVEL 1 TOTALS FOR UNITS: 9,473.2 SQ FT NET FLOOR AREA / 9,093.2 SQ FT NET LIVABLE LEVEL 2 - SECOND LEVEL: 9835.9 SQ FT FLOOR AREA DECK TOTAL IN ACTUAL SQ FT - 1017.3 SQ FT COMMON ACCESS (4) 235 SQ FT DECKS - 1 PER 2 UNITS = 940 SQ FT 9,853.9 SQ FT ACTUAL FLOOR AREA MAIN BLD SQ FT 100% SQ FT WALL SURFACE EXPOSED = 100% = 9,853.9 SQ FT FLOOR AREA SECOND LEVEL UNIT INFORMATION: 109.1 16 UNITS 109: 1,514.7 NET LIVABLE DECK: 235 SQ FT SHARED W/ 110 110: 1,133 NET LIVABLE DECK: 235 SQ FT SHARED W/ 109 1 1 1 : 1 ,1 33 NET LIVABLE DECK: 235 SQ FT SHARED W/ 112 1 12: 1 ,1 33 NET LIVABLE DECK: 235 SQ FT SHARED W/ 1 1 1 1 1 3: 1,133 NET LIVABLE DECK: 235 SQ FT SHARED W/ 114 114: 1,1 33 NET LIVABLE DECK: 235 SQ FT SHARED W/ 113 115: 1,133 NET LIVABLE DECK: 235 SQ FT SHARED W/ 116 116: 1,134 NET LIVABLE DECK: 235 SQ FT SHARED W/ 1 1 5 UNIT 109 LOF LEVEL 2 TOTALS FOR UNITS: 9,853.9 SQ FT NET FLOOR AREA / 380.7 Sq Ft Net 9,446.7 SQ FT NET LIVABLE Livable FLOOR AREA SQ FT TOTALS: (100 BLD & POOL SHED) SUBGRADE (LEVEL 0): 4,916.5 SQ FT ACTUAL / 1,907.6 SQ FT FLOOR AREA LEVEL 1: 9,473.2 SQ FT BLD ACTUAL / 9,473.2 SQ FT FLOOR AREA 182.4 SQ FT SHED ACTUAL / 182.4 SQ FT FLOOR AREA 179 SQ FT ACTUAL FOR DECKS -ACCESS LEVEL 2: 9,853.9 SQ FT BLD ACTUAL / 9,853.9 SQ FT FLOOR AREA 1,957.3 SQ FT ACTUAL FOR DECKS -ACCESS POOL SHED TOTALS: ROOF 23,11 4.9 SQ FT ACTUAL / 21 ,41 7.1 SQ FT FLOOR AREA 221 SQ FT 18,539.9 SQ FT TOTAL NET LIVEABLE DECKS -ACCESS: 2,136.3 SQ FT ACTUAL ALLOWABLE DECK SQ FT FOR PARCEL 1 (BUILDING 100) PARCEL 1: 21,571 SQ FT FOR FLOOR AREA PURPOSES 1 5%OF 21,571 = 3,232.65 SQ FT FOR DECKS ALLOWABLE 2,1 36.6 SQ FT ACTUAL, THEREFORE, 0 SQ FT OF DECKS FOR BUILDING 100 COUNTABLE FOR FLOOR AREA C 0 M O U -0 Q E. O- O Q Co 75 p a- U d Z W N CL U) Q o Q 0 T UZU CM m0 O X 111 > LLI p Q Qo C CD CD a)ti OIL Q 8. Maximum Allowable Floor Area 21,571 @ 1:1 (Sq. Ft.)' 9. Existing Floor Area (Sq. Ft.) 21,559 100 Building 21,417 Pool Shed 182 10. Maximum Allowable Residential Unit 1,500 Net Livable Area (Sq. Ft.) 11. Existing Residential Unit Net Livable Area 1,500 Sq. Ft. (Units) 16 > 1,500 Sq. Ft. (Units) 0 12. Minimum Required Setbacks (Feet) Front Yard 5 Side Yards 5 Rear Yard 5 13. Existing Setbacks (Feet)' Front Yard 4 East Side Yard 11.5 West Side Yard 18 Rear Yard 20 14. Maximum Allowable Height (Feet) 28 15. Existing Height (Feet)' > 28 16. Minimum Required Parking Spaces 16 @ 1 Space/Unit6 17. Existing Parking Spaces' 16 ' Measured along the front yard setback line. 2 Calculated pursuant to Sections 26.445.040.B. and 26.575.020.C. See Exhibits 17 and 18, Appendix C. 43 1 I 3 a s 6 7 For free market, multi -family housing projects established prior to adoption of Ordinance No. 9, Series of 2005. Measured pursuant to Section 26.575.040. A roof plan with detailed height measurements will be submitted following the receipt of consolidated PUD approval. Fewer spaces may be approved pursuant to Section 26.515.040.A. Parking for the 100 Building is provided on the adjacent Sky Hotel property. As Table 2 indicates, Parcel 1 complies with the minimum lot size, lot width and all but one of the setback requirements of the L, Lodge, zone district. The 100 Building contains less than its maximum allowable floor area and all but one of the individual units comply with the district's maximum allowable net livable area limitation of 1,500 square feet. The building's parking also complies with the Regulation's minimum parking space requirement. The parking, however, is located off -site which is prohibited pursuant to Section 26.515.020.B. The 100 Building is non -conforming with respect to density as its sixteen units significantly exceed the parcel's maximum allowable density of seven dwelling units. The 100 Building is also believed to be non- conforming with respect to the Lodge zone district's maximum allowable height, as portions of the building's roof appear to exceed the twenty-eight foot limitation. Given the number of buildings that comprise the Aspen Alps Condomini- ums and their architectural complexity, existing height measurements are presently limited to key features such as roof ridges, eave lines and floor levels. As the Regulations measure maximum allowable height around a building's perimeter, and to various roof points depending on roofpitch, more detailed height measurements will be undertaken and depicted on each building's roof plan upon the receipt of consolidated PUD approval. Such an undertaking is extremely time consuming, arguably irrelevant to the review process in question, and required primarily for memorialization purposes. 44 U 1 11 1 �I 1 11 n 1 1 Please note, however, that all of the following development data tables indicate whether existing building heights exceed the maximum allowed based on currently available survey information. The roof plans and their associated height measurements will be submitted for review and approval by COMDEV and recorded with the required PUD documents. B. Parcel 2: Aspen Alps 200 Building The 200 Building consists of two multi -family structures which are connected via an overhead pedestrian walkway and various stairways. As the following drawings illustrate, Structure "A" is a two-story building with a partial basement. The building 38 contains four 2-bedroom units and one 3-bedroom unit on its first floor and five 2-bedroom units on its second floor. The structure's basement contains the Aspen Alps Condominiums fitness center, health spa and maintenance shop. With the exception of Unit 208, all of the units within Structure "A" contain less than the Lodge zone district's maximum allowable net livable area. The 3-bedroom unit (i.e., Unit 208), however, contains approximately 1,537 square feet of net livable area. Structure "B" is a three-story structure containing one 2-bedroom and five 3-bedroom units. While the original 200 Building condominium map depicts Structure "B" as containing seven units, Unit 202 and adjacent Unit 211 have been combined. As a result, they no longer function as separate units for occupancy purposes. As presently configured, the 2-bedroom unit, a 3-bedroom unit, and the Aspen Alps Condominiums office area are located on the building's first floor. The building's second and third floors each contain two of the remaining four 3-bedroom units. Three of the units contain less than 1,500 square feet of net livable area. Units 201, 202/211 and 209, however, contain approximately 1,537 square feet, 2,421 square feet, and 1,574 square feet of net livable area, respectively. 45 1 200 BUILDING: Existing Lower Spa (Sublevel Plan - Side "A") - Aspen Alps 200 A SCALE: 118' = V-0' 1 6� nC11 ' UNIT 204 IeIaRMJ t Y 1,2 1 3 Sq Ft Net �OOY Roou Livable cwe UNIT 203 T�eaYa 1,357 5a FTFL Net eaMo Livable 1 - Y � netogti ❑ 1 aatand eFDROOM � nWgq /� w,� Lse 111311 ::j '•' ; • amRqut O'F.3 4�1lffw OFFICE ♦, Sq IC TOTAL OFFICE • llHev TeaMQ LEVEL FLOOR AREA vr� Z1 I� 1 53.7 Sq Ft D 104 Ft / v a" �aataE .9 65.9 navga O 1 / YT11 �qq• C ) j 200 LDINO (STRUCTURE D LEVEL 1 . OFFICE LEVEL: 2.66650 R FLOOR AREA 1 4,362.5 RALTUAL I AII 2,926' TOTAL WAALL}} SURFACE ARb� I, 776 511 WALL SURFACE ERYOSED 60:7Ji \ ♦ Ufa w ageaT E% FLOOR fl (f,362.5 50 FT) -tie FLOOR I UNIT200 1,345.7 Sq FI _ Lhbw tMq ° etnRow, B gbh _ � 00 R a a 0 000 ��� 100" O :r a 12 o Q ( U oa 1 T1411 az \� . 99 Sq Ft ___ 110 Sq Ft TF=,M 1 FIRST LEVEL d N Tpq,,ge NRp, 6,672.5 SQ FT OLD. e 0 Q e , = Q p UW 205 UNIT 206 UNIT 207 aE— 1,213 Sq R I 1,222 Sq Ft Net 1,222 Sq Ft Net LNebW lMq Livable Livable b ♦ 1 Z RaY V UNIT 208 C J 1,536.6 Sq Ft Y>'„ tiwgor wum' "'t�'�' 1P1�' M vtn f Tipw w broea C3 Net Livable 'x Co 0 0 0 0 / 0 0 w O Q o 0 0 0 0 0 ^°� a N 4? w� a b- o 00 , o o 0 o Q etntgw etnRggr eNTM ae— Mr. mm emHogM !mow etmry !!➢ROOM Y — � — OgeaT\ tll a atutca rewucc 661 Sq Ft p�v a__�M_'U__CTUItE LDRiO (STRUCTURE N1 U . 5 . SO R NEF fL00R AREA MAIN ♦ 53N T O LR AREA, ROOM 6,726.2 50 R NET FL000. A0.FA , LEVEL 1 STRUCTURE 'A' / 10,00, 1 200 BUILDING: Existing Office Level Plan (Structure B) & First Level (Structure A) -Aspen Alps 200-0 SCALE: 1/8' = V-0' Ooo ji�^� c 0 o 12 a o coU 0 J 2,a Ix+x2,2 geGlt2u oerxw — a Z Qci 101.3 Sa Ft 107.3 Sq Ft 101 .3 Sq R 102.5 Sq R 1 [ w a — — — — — — — — SECOND UJVEL c ��0- Q rva�n 6,439.9 SQ Ff� . A Faw7a a// 4 UNIT 21.2 UNIT 213 �islrv, UNIT UNIT215 23S5554R c I ,? ♦7�,q�„ 1,213 Sq f[ Net „213 Sq Ft Net 1,222 59 R NN 1,222 Sq Ft Not I O z U UNIT 2111202 „q Livable Livable Livable I V aoau wea 3 5a Ft Net L N cool �� I Ne[ rvabia rnve Rocat �,� _ SECOND LEVEL I _N 4,147. E SQ FT BLD. B ,mrrol wadM •rtoff:a Q ano,ea (3 N x [ ,mq„ ■ O O WM UNIT 216 w C Q 1,302.3 Sq Ft (n aM O Q Q Q Q Q Q Q Net LKRble Q. N 2 3 Sq Pte" waw e,ttn w— �.\ --a D'� / wi,w wa.N � M � D J aF CD)j" O O M O o d CLO W Bh„a10gN a e- -- NNL �1 Eolma eeagaN Eaoau eennoo. tamrngtF enn Emow eEotoov over etaRgw awa � w I aeoloty Eix+go1 � UNIT 211t202 , ♦iRP§9T.' -emuca, vue ■ . 1059.3 Sq Ft / _ — _ _ — _ — I taM I 17, 1 1 1ggeFAn $3.7 Sq R Eaar 200 BUILD UCTURE Al INC_ 16B Sq Ft �aBlq "MIN_ unarocr EnIOW 2 U 6,439.9 SQ FT NET FLOOR AREA MNN STRUCTURE ♦ 53.7 SO FT LINEN BOON STRUCTURE agau 2S.7 - 6,493.E 54 FT NET FLOOR AAFA ,LEVEL 2 STRUCTURE'A' M / 2100 BZ-Q STRUCTURE A fEQ'DI 44.3 / IUttald VW, � 1 ' � 209 BUILDING (STRUCTURE � NET �'lEVP}24,147.9 SQRNET FLOOR AREA MN ♦2N7 A 4,1 SRSEQ7ETQ�RD"REy LEVEL 2. \ _ _ ... I40l/ I ' I UNIT 201 1,537 Sq Ft Net ' Livable aE➢IgOY _ E0100a L VM RDJM 200 BLD STRU B , ' O � O s 1 200 BUILDING: Existing Second Level Plan (Stuctures A & B) -Aspen Alps 200-C SCALE: 1!8' = V-0' 1 1 1 1 1 1 1 t 1 1 1 1 1 1 1 1 1 1 1 a arcs ro a¢tav UNIT 210loft 254 $q Ft Net i LJvabla 1 200 BUILDING (STRUCTURE B) ❑ LEVEL 3 - 3,196.2 SO FT NET FLOOR AREA MAIN STRUCTURE. 25.7 So FT STORAGE _I I - 3,221.9 SO FT NET FLOOR AREA, LEVEL 3 - STRUCTURE'Y (LOFT INCLUDED) � M1M1[ICY 7 T"' L- II i,l %.250 FT KO.B UNIT 210 1S 1.234.5 5q Ft 11.3 .3 Net Livable aoou �,1f11111 ■■NI J - 0 II� r [oZo7 I" B�BBB)) BB�� mSH E� BB�m on ma �I l R --- — — — -- ---- -- — — — — -- — — --- --T ��I I �� BBBBBBB� z1 SCALE B/e• ILDING: ExistingThird Level Plan (Stucture B) & Existing Roof Plan (Structure A) - Aspen Alps I I I I I E L7 1 I I I I I I I I I I r I I I I I I I I I I I I I I I •I 200 BLD - STRUCTURE B I � I I I I I I � I ----------------- --- �96h 00 --____ ❑ El I I I I I I I I I I I I BUILDING 200 - ROOF IMPERMEABLE SURAFCE AREA 15,044 SQ FT 200 BLD - STRUCTURE A ------------------------------------------------- I I I I I I I I 10 E 200 BUILDING: Existing Roof Plan (Structure A & B) - Aspen Alps z 0 Q> [I [I I 1 2$' LINE OF HEIGHT FROM EXSTING GRADE CONDITIONS — L------------------------------------------------------------------------------------------- j � Qaan :•: II------ 1------I-------- a _ I "A" - 200 Bld - Structure B L--------------------------- L----I---- 10.F 200 BUILDING: South Elevation - Aspen Alps 2� 200 BUILDING: South Elevation Wall Surface & Exposure Diagram - Aspen Alps 200-F SCALE: 1/8" = 1'-0" Q.\.1 Va 4 ." `.." I II I I IIINIIIIII I IIIINI I IIINIIIIII I Ilf • .111' (3-",200 BUILDING: North Elevation - Aspen Alps "A" - 200 Bld - Structure A ---------------------- 1r c.Ty�js a ,.. � a ..- a.,. r i a i �i 13 Sq ft Surface Z t53 Sq Ft Expos d ` I i t�Es�ft� y R.�'. ::�41.¢i§ �� s` � ...,e'a$3t.i'.�,Sa,• i FROM EXISTING GRADE CONDMT! I "C" - 200 Bld - Structure A ------------------------------------------------ J—�iBi7YY! ado r__7r r"� h n h I I 11 II 1 I 1 I I ypR:. 4 `^s - 200 B1d — Sti ictU�G �'# I II 11 A I I I $tiiS ; "¢'':"� ` a.6a i 1 $'- ;t EUZ, EA hF1ax s C .`.z'P. 14-"200 BUILDING: North Elevation Wall Surface & Exposure Diagram - Aspen Alps 200-F SCALE: 1I8" = 1'-0- 589 Sq ft Surface Area $ 382 Sq Ft Ex ,;;• .: �.,.:. xe•=• >; . alas. - � �� C O M O U � a o` a IL J a ' �- z a (na Cn a Q — ' T C O U Z U m-J N C X m > UJ < _aN a O c o Iv d a m e%4 1 1 1 1 i 1 1 1 1 f 1 1 1 L—_U__ LUu C319_ JirUGLufC D—L------_--I-------J 1 200 BUILDING: West Elevation (Structure B)- Aspen Alps 2t SCALE: 1/8' = 1'-0' 739 Sq ft Surface Area 552 Sq Ft Exposed r T TTnr 4 Uj UJU 200 BUILDING: West Elevation Wall Surface & Exposure Diagram (Structure B)- Aspen Alps 200� SCALE: 1/8' = 1'-0' "B" - 200 Bid - Structure B 5 200 BUILDING: East Elevation Drive Thru (Structure B) - Aspen Alps 2oo-G SCALE: 118' = 1'-0' Sq if Tu-r Face Ares ; ; Sq it. t dosed L -IL J �r-nr--T -ir L_U LL� "B" - 200 Bid - Structure B 1 � � 7-' 200 BUILDING: East Elevation Wall Surface & Exposure Diagram (Structure B)- Aspen Alps e - - - - - - - - 28' LINE DF HEIT/IT FROM EE1 TANS TRADE C2NDITIDN9 2 200 BUILDING: West Elevation Drive Thru (Structure A)- Aspen Alps 2oo-G SCALE. 1/8' = 1'-0' 5g� Sq ft Surface �Ai'ea -' , - �ti Structure A 4 200 BUILDING: West Elevation Wall Surface & Exposure Diagram (Structure A)- Aspen Alps 2t SCALE: 1/8' = 1'-0' -------- 7XLlE TF HEIOHT FIt01A E10371Nfi TRADE CONORIONB -------------------- 1 I I I I I I 1 "B" - 200 Bid - Structure A — — — L--L----------------------------I-------J &200 BUILDING: East Elevation (Structure A)- Aspen Alps SCALE: 1/8" - 1'-0' MO. Sq ft Surface Area i0 Sti Ft ExpO! tS f. - �" 200, Sid 4 G 200 SCALEBUILDING: East Elevation Wall Surface & Exposure Diagram (Structure A)- Aspen Alps 1 Stair/ Deck Area Net Livable Floor Area 1� UILDING: Level 0 Subgrade ) Sq Ft Breakdown Diagrams (A) Q20�D�H�SCA?LE8' = 1 DE 11 STOR 25.7 SQ STAIR 167.7 SQ UNIT 210 LOFT I& R FT 4 200 BUILDING: Level 3 B Sq Ft Breakdown Diagrams 200-N SCALE : 1118' = 1'-0' 1 DECK 202) 273 SQ FT STAIR 168 SQ FT STOR 25.7 SQ DECK 201 44.3 SQ F FT 53.7 SQ FT 200 BUILDING: Level 1 Office/1 ) Sq Ft Breakdown Diagrams (A & B) )0-H SCALE : 1118' = 1'-0' SECOND LEVEL (BUILDING L &LINEN) LINEN 6,493.6 SQ FT BLD. TOTAL "A" 53.7 SQ FT 3 200 BUILDING: Level 2 Sq Ft Breakdown Diagrams (A & B) 200-H SCALE: 1/18' = 1-0- I ----- I I II II I II II III I 4II I II I I I I I I I II � I II r I --------------- I I I I I I I 1 I I I I I DING 20 ROOF ULMSURAFCE AREABI IEMPEL 50SQr44 FT --------- - I - -- IL -_ ------I- 5 200 BUILDING: Roof S Ft Breakdown Diagrams (A & B) 200-H SCALE : 1/18' = 1'-0" LEVEL 1 (STRUCTURE B - OFFICE) BREAKDOWNS LEVEL 0 (SUBGRADE) BREAKDOWNS 200 BUILDING (STRUCTURE A) 200 BUILDING (STRUCTURE B) LEVEL 0 - SPA (SUBGRADE) LEVEL: 827.7 SQ FLOOR LEVEL 1 - OFFICE LEVEL: 2,660 SQ FT FLOOR AREA AREA FT ACTUAL FLOOR AREA 4,382.5 SQ FT ACTUAL FLOOR AREA 2 92S SQ FT TOTAL WALL SURFACE AREA 5,305.7 SQ FT TOTAL WALL SURFACE AREA 1,778 SQ FT WALL SURFACE EXPOSED = 60.7% 3,728 SQ 582 SQ FT WALL SURFACE EXPOSED = 1 5.6% EXPOSURE FLOOR 1 (4,382.5 SQ FT) EXPOSURE FLOOR 0 (5,305.7 SQ FT) = 2,660 SQ FT FLOOR AREA = 827.7 SQ FLOOR AREA COMMON STAIR - STAIR/ ACCESS: 169.9 SQ FT ACTUAL - 200 & 203 UNITS: STRUCTURE B - UNIT INFORMATION 200: 1,345.7 SQ FT NET LIVABLE ' 203: 1,357 SQ FT NET LIVABLE ' LEVEL 1 (STRUCTURE A) BREAKDOWNS LEVEL 1 - STRUCTURE A: 6,726.5 SQ FT FLOOR AREA FOR BUILDING "A" & LINEN COMBINED 6,726.5 SQ FT ACTUAL FLOOR AREA 100% SQ FT WALL SURFACE EXPOSED = 100% = 6,726.5 SQ FLOOR AREA COMMON STAIR - STAIR/ ACCESS: 661 SQ FT ACTUAL STRUCTURE A - UNIT INFORMATION 204 - 208 UNITS: 204: 1,213 SQ FT NET LIVABLE 205: 1,213 SQ FT NET LIVABLE 206: 1,222 SQ FT NET LIVABLE DECK 206 - 99 SQ FT ACTUAL 207: 1,222 SQ FT NET LIVABLE DECK 207 - 1 10 SQ FT ACTUAL 208: 1,536.6 SQ FT NET LIVABLE 1 LEVEL 1 (STRUCTURES A & B) BREAKDOWN TOTALS: 11,109 SQ FT NET FLOOR AREA/ 9,386.2 SQ FT FLOOR AREA FOR BUILDINGS 830.9 SQ FT ACTUAL FOR COMMON STAIRS / ACCESS ' LEVEL 1 TOTALS FOR UNITS: 9,109.3 SQ FT NET LIVABLE FLOOR AREA UNIT DECK TOTAL: 209 SQ FT ACTUAL LEVEL 2 (STRUCTURE A & B) BREAKDOWNS LEVEL 2 - STRUCTURES A & B: 10,667.1 SQ FT FLOOR AREA TOTALS INCLUDE STORAGE & LINEN AREAS 6,493.6 SQ FT ACTUAL FLOOR AREA - A 4,173.5 SQ FT ACTUAL FLOOR AREA - B 100% SQ FT WALL SURFACE EXPOSED = 100% = 10,667.1 SQ FT FLOOR AREA COMMON STAIR - STAIR/ ACCESS'. 1 ,226.3 SQ FT ACTUAL LEVEL 2 - UNIT INFORMATION - 201, 202/21 1 , & 212 - 216 UNITS: 201 : 1,537 SQ FT NET LIVABLE DECK 201 : 44.3 SQ FT ACTUAL 202/21 1 : 2,421.3 SQ FT NET LIVABLE DECK 202/ 21 1- 273 SQ FT ACTUAL 212: 1,213 SQ FT NET LIVABLE DECK 212: 101 .3 SQ FT ACTUAL 213: 1 ,21 3 SQ FT NET LIVABLE DECK 213 - 107.3 SQ FT ACTUAL 214: 1,222 SQ FT NET LIVABLE DECK 214 - 101 .3 SQ FT ACTUAL 21 5: 1,222 SQ FT NET LIVABLE DECK 215 - 102.5 SQ FT ACTUAL 216: 1,302.3 SQ FT NET LIVABLE DECK 216 - 235.6 SQ FT ACTUAL LEVEL 2 (STRUCTURES A & B) BREAKDOWN TOTALS: 10,667.1 SQ FT NET FLOOR AREA/ 10,667.1 SQ FT FLOOR AREA FOR BUILDINGS 1,226.3 SQ FT ACTUAL FOR COMMON STAIRS / ACCESS LEVEL 2 TOTALS FOR UNITS: 10'130.6 SQ FT NET LIVABLE FLOOR AREA UNIT DECK TOTAL: 965.3 SQ FT ACTUAL BUILDING 200 - ROOF IMPERMEABLE SURAFCE AREA 15,044 SQ FT "04 LEVEL 3 (STRUCTURE B) BREAKDOWNS LEVEL 3 - STRUCTURE B: 3,221.9 SQ FT FLOOR AREA 3,221.9 SQ FT ACTUAL FLOOR AREA - B C 100% SQ FT WALL SURFACE EXPOSED = 100% O = 3,221.9 SQ FT FLOOR AREA L) a CL L_ COMMON STAIR - STAIR/ ACCESS: O J 330.7 SQ FT ACTUAL Q C LEVEL 2 - UNIT INFORMATION - 210 & 209 UNITS: n' Z 0 LU CL cn 209: 1,574.2 SQ FT NET LIVABLE C) � Q DECK 209: 126.8 SQ FT ACTUAL Q O 210: 1,488.5 SQ FT NET LIVABLE O U DECK 210 - 1 1 1 .3 SQ FT ACTUAL (0Z ^ cm0 C) LEVEL 3 (STRUCTURE B) BREAKDOWN TOTALS: _ N 3,221.9 SQ FT ACTUAL / 3,221.9 SQ FT FLOOR AREA FOR LO O Q BUILDING AREA & STORAGE AREA COMBINED N a 330.7 SQ FT ACTUAL FOR COMMON STAIRS /ACCESS Q O LEVEL 3 TOTALS FOR UNITS: C O a) ti a. 3,062.7 SQ FT NET LIVABLE FLOOR AREA N UNIT DECK TOTAL: 238.1 SQ FT ACTUAL Q FLOOR AREA SQ FT TOTALS: SUBGRADE (LEVEL 0): 5,305.7 SQ FT NET FLOOR AREA / 827.7 SQ FT FLOOR AREA ��✓ LEVEL 1: ' 1 1 ,l 09 SQ FT BLD NET FLOOR AREA / v 9,386.2 SQ FT FLOOR AREA 1,039.9 SQ FT ACTUAL DECKS -STAIRS -ACCESS LEVEL 2: 10,667.1 SQ FT BLD NET FLOOR AREA/ 10.667.1 SQ FT FLOOR AREA 2,191.6 SQ FT ACTUAL FOR DECKS -STAIRS -ACCESS LEVEL 3: 3,221.9 SQ FT BLD NET FLOOR AREA / 3,221.9 SQ FT FLOOR AREA 568.8 SQ FT ACTUAL FOR DECKS -STAIRS -ACCESS TOTALS 24,998 SQ FT NET FLOOR AREA/ 24,099.9 SQ FT FLOOR AREA PER FAR 22,302.6 SQ FT NET LIVABLE FLOOR AREA DECKS-ACESS: 3,800.3 SQ FT ACTUAL ALLOWABLEPARCEL2 O) 29 590 SQ FT FOR FLOOR AREA PURPOSES 1 5%OF 2 9,5 90 = 4,438.5 SQ FT FOR DECKS ALLOWABLE THEREFORE,3,800.3 SQ FT ACTUAL, O SQ FT OF FOR BUILDING 200 COUNTABLE FOR FLOOR AREA DECKS 11200 BUILDING: Square. Foot and FAR Breakdowns 200-I SCALE : NA I1111„m 1 1 1 Three amendments to the 200 Building's original condominium map were approved in 1992, 2002 and 2010 which permitted the owners of Units 200, 201, 203, 208 and 209 to enclose existing terraces and balconies located adjacent to their respective units. The amended condominium maps are attached as Exhibit 1, Appendix D. The various enclosures are reflected on the 200 Building's as -built drawings. The 200 Building contains a total floor area of approximately 24,100 square feet, excluding its decks and exterior stairways which are exempt from floor area calculations. Additional development data for Parcel 2 and the 200 Building is provided in Table 3, below. Table 3 DEVELOPMENT DATA Parcel 2 1. Minimum Required Lot Size (Sq. Ft.) 3,000 2. Existing Lot Size (Sq. Ft.) 33,163 3. Minimum Required Lot Width (Feet) 30 4. Existing Lot Width (Feet)' 285 5. Existing Lot Area (Sq. Ft. )2 For Density Purposes 29,711 For Floor Area Purposes 29,590 6. Maximum Allowed Dwelling Units @ 3,000 9 Sq. Ft. Lot Area/Unit 7. Existing Dwelling Units 16 8. Maximum Allowable Floor Area 29,590 @ 1:1 (Sq. Ft. )3 9. Existing Floor Area (Sq. Ft.) 24,100 10. Maximum Allowable Residential Unit 1,500 Net Livable Area (Sq. Ft.) 55 1 1 i 1 f 1 1 1 1 1 1 1 1 1 11. Existing Residential Unit Net Livable Area (Sq. Ft.) < 1,500 Sq. Ft. (Units) 12 > 1,500 Sq. Ft. (Units) 4 12. Minimum Required Setbacks (Feet) Front Yard 5 Side Yards 5 Rear Yard 5 13. Existing Setbacks (Feet)' Front Yard 13 North Side Yard 23.5 South Side Yard 16 Rear Yard 13 14. Maximum Allowable Height (Feet) 28 15. Existing Height (Feet)5 > 28 16. Minimum Required Parking Spaces 16 @ 1 Space/Unit6 17. Existing Parking Spaces' 27 1 Measured along the front yard setback line. 2 Calculated pursuant to Sections 26.445.040.B. and 26.575.020.C. See Exhibits 17 and 18, Appendix C. 3 Applies to free market, multi -family housing projects established prior to adoption of Ordinance No. 9, Series of 2005. 4 Measured pursuant to Section 26.575.040. 5 A roof plan with detailed height measurements will be submitted following the receipt of consolidated PUD approval. 6 Fewer spaces may be approved pursuant to Section 26.515.040.A. A portion of the parking for the 200 Building is located off -site. 60 fl J 1 1 L� Parcel 2 complies with the minimum lot size, lot width and setback requirements of the Lodge zone district. The 200 Building's floor area is less than the maximum allowed and all but four of the units comply with the district's maximum allowable net livable area limitation. The building's parking exceeds the minimum required. A portion of the building's parking area, however, is located on the adjacent 777 Ute Condominiums property. The 200 Building is non -conforming with respect to allowable density as there are sixteen units on the parcel and only nine units are allowed. Portions of the building are also believed to be non -conforming with respect to maximum allowable height. C. Parcel 3: Aspen Alps 300, 400 and 500 Buildings The 300, 400 and 500 Buildings are four-story, multi -family structures, portions of which are located subgrade. As the original condominium map illustrates (see Exhibit 8, Appendix C), the three buildings were essentially identical as originally configured, with each building containing eight two-story units. Units 301 through 304, 401 through 404, and 501 through 504 were located on the 300, 400 and 500 Buildings' ground and first floors, respectively. Units 305 through 308, 405 through 408, and 505 through 508 were located on the buildings' third and fourth floors. A laundry room, ski storage room and a mechanical room were also located within each building. As the following drawings illustrate, minor differences exist in the buildings' current configurations. Units 302 and 306, and Units 404 and 408, have been combined. While each of these units retains its original exterior entry door, their internal stairways have been joined resulting in two, four-story units. As a result, they no longer function as separate units for occupancy purposes. In addition, a portion of the lower level of Unit 507 has been reconfigured as a studio unit and the remainder of the unit has been combined with adjacent Unit 508. As result of these reconfigurations, Parcel 3 57 1 1 1 1 1 1 1 A 1 1 1 r l // 79p� —_ PAtgni — � v—tiv.—bl I �L I I \\\\\� --\ II. ,�_ __—� \_ I _ sell 5q fi Ne I UNIT 303 (LevN I I I IIII iII l -". 9 -- — �—r—I— \\\ \11I \1�_ —�. =__ __— —_— —I— II wrs 56657 F1W uv6k I 'I O3tl-308 \ `1'UNR0(Level 1) \\\�\_~ — UNIT I II IIIIII „ II "�tl+"oR,o,�. III II N O II \\\ \\ \— II\--� \ `�566 sa FM NaII . �— II III s69 fNtt nd II II II Ii Lvbsk9F jT14 SQ FT FLOOR AREA \ \_ II — _ — ItIIt I— , .."dw I I ♦a_ — `--= — T I I % I — 761.E S4O tehN n.nbl wAw W to CL DECK &STAIR ABOVE ______---—_ ' r 0 '0--_ LABOVE V _ _ — REA In D CD 3,045.8 SQ FT\ WALL SURFACE AREA :,;; ��;:'/' w m Q TAL = 2,834 SQ FT 45.5% _ _ _ _ _ _ 1,289 SQ FT WAIL SURFACE EXPOSED FT) --,.- Q � \`\ I ', I \\ FLOOK 1 (3,045.8 SQ EXPOSURE it------- \` I� \\ FLOOR AREA \_- �,�;��., �/, c o �\ , = 1 385.8 SQ FT Plan - Aspen Alps First Level 1(Subgradel Walkout) 300 BUILDING: Existin / __--- SCALE : 118' = 1'-0' _ ------------------------------------------- + I, I III s�7.2 � 7.iSgFt 97.2 II UNIT304(Level211I/— \\\\ UNIT Ii03(Le vrl2) II 55757fiNet �.. 2) UNff Pw.... 561 J?,qF Nn Uwek ON R�OOR AREA LNaEN III ill I' —\\ �/ 2EcBe �*I II UNIT i�LN1IIt)— II 7�N�I //•- \— \\ II II ' \ II •w++rea..� II ii ii ciae.t I I I I � 6t.6 w ft — + I III Ise S4 Ft Second Level Plan -Aspen Alps 2 300 BUILDING: Existin w \ 1 1 1 I I 1 LJ 1197.25aFtll 1197�.2saFel '97.25gFtI 97.2 sa I I 1 11- _ _ UNIT 30BILevel,) \NIT307owimi) L TNlaol vF� II >�) 2 s)+ F't Flooll MFA I I I I WS.2 Sa R I11it II II a II '46S SC RNH \\ \\ \\\ —pp�� ,,� 2'K)� UNIT305(Level,) I I R 3�2 �920 YRd II II Uvabla I I �w _ _ _ \\ \ I II 1J6S SY RNiI I I 56" � Ft Not I II aoa.oarsl, II ,,,,,, �1000 Il tNabMl— ec II II II II \ __— `\ \ \` 1 � \ d �Millt..wl I I I I I III —VIM— ■ — — \ \ 1..6�m• III ' \♦ o' l _ � � _ I I m y i.77 Sq eFRI�w \ 1 \ \ I 1 \ \ \ \ 300 BUILDING: ExistingThird Level Plan - Aspen Alps 1 � 118•=,,-0. / — —— ——— —— ———— ——— ———— ——— —— — —— \ \ ----- \\\\ \\ \ I ________________ __ \ ______________ II \ \ \ \ � n II oeoc a --� — --- -----I III 97.2Sq I II 194ASaIN ---I I \�\ \ II Ilaaasr I 97asaR _ ♦ o•x I I I I I I I 96s UNIT UNIT 307I1(Level 2)I I 'L 11 557.5 IW Ft Nat 1 ` _ _ UNIT 12) UNIT 302 6 306 (LWOI 4) � � I I916.5 Si RING I I I I I I trnbW11 I I \ II I II S575aFANe (I Ilt�a II II II II ,II II I \ ` •t I II 557.4MRFtNO I II II II Uvabla li 1 II II IIII II WPN II II II \ �—aa,fl��a I II II II �Ilrom• III III IIl---ILI,---IIl._ •,9r \ I \ \ Level Plan - Aspen Alps ------------ / ----------------------- ------------------------------------------ ` [I LI Lj 1 / I� i BUILDING 300 - ROOF IMPERMEABLE S,UIK4FCE AREA It jj 5,024 SQFfi=J�' ------��------��JL_=JL---= �JL ��-� _---------�Tf1rl� \ \ \ \ 11 LL) \\ \ 1 cO \ \ 1 \\ 1 I --■ Lam.+---- v r 28' LINE OE HEIGHT FROM EXISTING GRADE CONDMONS I = :=-4 - - - - - - JE= _ 3J �i9AM8- ' 2 300 BUILDING: Existing West Elevation - Aspen Alps 300-C SCALE: 1/8' = T-0' ..T,.:f1:rtr 7. t \ \ \ O\ O\ I 'I A 1 300 BUILDING: Existing Roof Plan - Aspen Alps 300-C SCALE: 1/8' = 1'-0' 4 300 BUILDING: Existing West Elevation Wall Surface Diagram - Aspen Alps 3LO SCALE: 1/8' = 1'-0' 28' LINE OF HEIGHT FROM EXISTING GRADE CONDITIONS --- IE_=?I 300 BUILDING: Existing East Elevation - Aspen Alps 35 SCALE: 1/8' = V-0' 5 300 BUILDING: Existinq East Elevation Wall Surface Diagram - Aspen Alps 3-5 SCALE: 1/8' = 1'-0' C O O a `o QaU �J Q � az a N a Q oQ o UZU m0 � N 5 xm w 0 < dM C Zc C) d ~ Q 1 F 1 M y 1 300 BUILDING: Existing North Elevation - Aspen Alps 3OO-D SCALE: 1/8' = 1'-0' ll 71mtln 8" ffi7ilM ME Mffi7iMl 2 D 300 BUILDING: ExistingNorth Elevation Wall Surface Diagram - Aspen Alps — — — — — — 7F LINE OF HEIGHT FROM ------------------ E)GSTING GRADE CONDITIONS—_---------_ rL---------------I-------------- __ I I rr� r�� I I I II II II II I L= IF= III III I I I II II II II I F=�1 IIII III I _ =I III II ILJI ILJI I E— LJ "AO L_JF=:I I I I ---- I E=:11 I 300 BUILDING: Existing South Elevation - Aspen Alps 3OO-D SCALE: 1/8' = l'-0' �J------------------ ILJI-------- J I I I I I ----------------- °` urrace Area FExposed, Rt h IR a yfia e .S(Y',}7t ` i yy1 4 300 BUILDING: Existing South Elevation Wall Surface Diagram - Aspen Alps 3OO-D SCALE: 1/8' = 1'-0' US c 0 c� 0 Q o � J U Q � aza LU N E N Q Q 0 UZU M 0 CD 5 X m > W p Q aM CL Q 1 1 r 1 1 300 BUILDING: Existin First Level Sq Ft Breakdown - Aspen Alps 300.E SCALE: 1/18' = T-T 300 FIRST LEVEL t FRS A Cn FT FLOOR AREA 161.6 SQ FT 300 BUILDING (FIRST LEVEL) 3,045.8 SQ FT NET FLOOR AREA 2,834 SQ FT TOTAL WALL SURFACE AREA 1,289 SQ FT WALL SURFACE EXPOSED = 45.5% EXPOSURE FLOOR 1 (3,045.8 SQ FT) = 1,385.8 SQ FLOOR AREA 2 300 BUILDING: Existing Second Level Sq Ft Breakdown - Aspen Alps 300-E SCALE: 1/16' = T-O' DECK 301 DECK 302-306 315.5 SQ FT 97.2 SQ FT 2,788 SQ FT FLOOR AREA 856 SQ FT DECK 303 DECK 304 97.2 SQ FT 97.2 SQ FT 300 BUILDING: ExistingThird Level Sq Ft Breakdown - Aspen Alps aO DECK 305 DECK 302-306 DECK 307 DECK 308 97.2 SQ FT 97.2 SQ FT 97.2 SQ FT 97.2 SQ FT STAIR/ COMMON ACCESS 300 THIRD LEVEL 932.7 SQ FT 2,920 SQ FT FLOOR 4 300 BUILDING: Existing Fourth Level Sq Ft Breakdown - Aspen Alps 300.E SCALE: 1/18' = 1'-0' DECK 305 DECK 302-306 DECK 307 DECK 308 98.5 SQ FT 97.2 SQ FT 194.4 SQ FT 97.2 SQ FT DECK 305 DECK 302-306 DECK 307 DECK 307 DECK 308 97.2 SQ FT 97 SQ FT 97 SQ FT 97 SQ FT 97 SQ FT 300 BUILDING: Existing Roof Sq Ft Breakdown 300.E SCALE: 1/16' = 1'-0' ® tt"- - `1 J - BUILDING 300 - ROOF II IMPERMEABLE WBAjFCEAREA fit. I 5,024SQTr II 1 T�_IC I Lj =9L LEVEL 1 (SUBGRADE/ WALKOUT) BREAKDOWNS 3,045.8 SQ FT ACTUAL FLOOR AREA 2,834 SQ FT TOTAL WALL SURFACE AREA 1,289 SQ FT WALL SURFACE EXPOSED - 45.5% EXPOSURE FLOOR 1 (3,045.8 SQ FT) 1,385.8 SQ FLOOR AREA STAIR & DECK ACCESS: 161.6 SQ FT STAIR ACCESS AREA LEVEL 2 OVERALL BREAKDOWNS 2,920 SQ FT ACTUAL FLOOR AREA 100% SQ FT WALL SURFACE EXPOSED = 100% - 2,920 SQ FT - 3 INTERIOR STAIR OPENINGS@44 SQ FT EACH, THEREFORE, 2,920 - 132 = 2,788 SQ FLOOR AREA COMMON HALL - UNIT ACCESS (SUBGRADE): 856 SQ FT ACTUAL STAIR ACCESS: 68.6 SQ FT LEVELS 1 & 2 UNIT INFORMATION - 301.304 UNITS (TWO LEVEL UNITS) 302/306 (4 LEVEL COMBINED UNIT): 301: 1,123 SQ FT NET LIVABLE DECK 301 - 315.5 SQ FT ACTUAL 302-306: 1,130 SQ FT NET LIVABLE (FLOORS 1 &2) DECK 302-306 97.2 SQ FT ACTUAL (FLOORS 1 & 2) 303: 1.127 SQ FT NET LIVABLE DECK 303 - 97.2 SQ FT 304: 1,126 SQ FT NET LIVABLE Stair/ Deck DECK 304 - 97.2 SQ FT ACTUAL Area LEVEL 3 OVERALL BREAKDOWNS 2,920 SQ FT ACTUAL FLOOR AREA 100% SQ FT WALL SURFACE EXPOSED 100% - 2,920 SQ FT FAR Net COMMON STAIR ACCESS: 932.7 SQ FT Livable LEVELS 3 & 4 UNIT INFORMATION - 305-308 UNITS (TWO LEVEL UNITS) 302-306 (4 LEVEL COMBINED UNIT): 305: 1,122.4 SQ FT NET LIVABLE DECKS 305 (3) - 292.9 SQ FT ACTUAL 306: 1,12S.2 SQ FT NET LIVABLE (FLOORS 3 & 4) Floor DECKS 306 (3) - 291.4 SQ FT (FLOORS 3 & 4) 307: 1,484.7 SQ FT NET LIVABLE Area DECKS 307 (4) - 485.6 SQ FT ACTUAL 308: 1,122.4 SQ FT NET LIVABLE DECKS 308 (3) - 291.4 SQ FT ACTUAL 300 FORTH LEVEL 2,848 SQ FT FLOOR AREA L DECKS -ACCESS: 3,131.3 SQ FT ACTUAL FOR BLD 300 ALLOWABLE DECK SQ FT FOR PARCEL 3 (BUILDINGS 300, 400, & 500) PARCEL 3: 35,501 SQ FT FOR FLOOR AREA PURPOSES 15%OF 35,501 - 5,325.2 SQ FT FOR DECKS ALLOWABLE 3,131.3 SQ FT ACTUAL BUILDING 300 3,023.7 SQ FT ACTUAL BUILDING 400 3,366.7 SQ FT ACTUAL BUILDING 500 9.521.7 SQ FT DECK TOTAL FOR 300,400,500 9,521.7 - 5,325.2 . 4,196.5 SQ FT FLOOR AREA FOR BUILDINGS 300,400 & 500 DECKS COMBINED THEREFORE: 4,196.5 SQ FT OF DECKS FOR BUILDINGS 300,400,500 COUNTABLE FOR FLOOR AREA LEVEL 1 & 2 TOTALS FOR UNITS: 5,351 SQ FT ACTUAL / 4,506 SQ FT NET LIVABLE UNIT DECK TOTAL: 607.1 SQ FT ACTUAL LEVEL 4 OVERALL BREAKDOWNS 3,024 SQ FT ACTUAL FLOOR AREA 100% SQ FT WALL SURFACE EXPOSED = 100% = 3,024 SQ FT - 4 INTERIOR STAIR OPENINGS044 SQ FT EACH, THEREFORE, 3,024 - 176 - 2,848 SQ FLOOR AREA LEVEL 3 & 4 TOTALS FOR UNITS: 5,685.3 SQ FT ACTUAL / 4,854.7 SQ FT NET LIVABLE UNIT DECK TOTAL: 1,360.8 SQ FT ACTUAL BUILDING 300 - ROOF IMPERMEABLE SURAFCE AREA 5,024 SQ FT FLOOR AREA SQ FT TOTALS LEVEL 1: 3,045.8 SQ FT BLD NET / 1,385.8 SQ FLOOR AREA 2,270 SQ FT NET LIVABLE 161.6 SQ FT NET DECKS -STAIRS -ACCESS LEVEL 2: 2,920 SQ FT BLD NET/ 2,788 SQ FT FLOOR AREA 2,236 SQ FT NET LIVABLE 675.7 SQ FT NET FOR DECKS -STAIRS -ACCESS LEVEL 3: 2,920 SQ FT BLD NET/ 2,920 SQ FT FLOOR AREA 2,266.4 SQ FT NET LIVABLE 1,321.5 SQ FT NET FOR DECKS -STAIRS -ACCESS LEVEL 4: 3,024 SQ FT BLD NET/ 2,848 SQ FT FLOOR AREA 2,589.3 SQ FT NET LIVABLE 972.2 SQ FT NET FOR DECKS - STAIRS - ACCESS TOTALS: 11,909.8 SQ FT NET/ 9,941.8 SQ FT FLOOR AREA 9,360.7 SQ FT NET LIVABLE DECKS -ACCESS: 3,131.3 SQ FT NET BLD 300 C O O cc a O ¢� o paU � J � a Z as ain ¢to O 0z0 ma a) _ m C x m > LU O ¢ aM C C:) O C:) a ~ 1 L� i 1 1 1 1 I 1 II II MTpAT�gti li IFATDAr� II II II I nose \ \ \ IT 403 (Level A 1.45y Ft Net 1 I I I I I II N(T 40"081(Level tl . 5305V Ft Net \\ v4ble., I; II II II Lipb14 i1 11 L \'V\S 3a P l I 11 II II it EXPOSURE FLOOR 1 (3,295.3 = 1 ARO R qn FT FI nnR AREA 1 400 BUILDING: Existing First Level 1( Subgrade/ Walkout) Plan -Aspen Alps 40 SCALE: 1/8' - V-0' -199 ------------------------------- �800 ---------------- II 7.2 0Ft 97.2 � � (Lbvd 2) 11 la I I UNIT 403 (Lllvd 2) Silt Sq R Net 11 I I I UNIT 11 I I I �1��•-dI II II Sst II II II I I I �-- = � \\� 6e.6 Sg Ft e. — Second tevel Plan - Aspen Alps — I C .2) w. O U � Q d�O -) = Q C N d N Q oQ o O Z U U _ _ -3 r xm > woQ _a. my Q C) c o C ti a w Q 1 A 1 j 1 /'v�j //--'' ice' ��' l/' _ �����.��r.�s�s:..1-•r ��:__r� ��__—_-- --__ \ \ ��,` g 97.2scR11 \ \\ \ U p ?O$a I II 9i?�AI _ ____- II II c.n� \;\ q ., •a (`9 S I197.2saRll _-?t' - I I __ IIII-1 - \ l\ \ O "` n9w I I R40741e ) I II UNIT `"�P3) �l --� \ Q ♦O1 I UNIT 406 (L.vel 1) 2,920 FL ARFA I I I I 4.6 Sq R 11 I I I I 573 5q� UNIT405 ) II 11574.6snFtN« II I I e II uwbl._� II 11 Id735q R NA 11 II 11Ln.de II Ilsnt+ ll II •.r, II �� II II -- \` D Z N _ I I 11 YIrW. I I - _ — 1I it 1.:deow I I II I I I I I I I I - - ��\ �� � nNimr .R'.�'�'°•1 I I I I I I I I I I I I �—Q'}�_ =_ I w Cl II II I II II II II I I I I I Lonow I I I I 1 C� Q = I I I I I N s*un I N .Qt.i \ O Q O ert.v rw (0 Z 0 '' �'��-- II 11 III III III II 111 111I III III III sQkl W m0 Q l \ \ O a. d C: OC Q ' ao \ .\ o - m,\ � '► �� 400 BUILDING: Existing Third Level - 3: (Main Grade) Plan -Aspen ps 400-0 SCALE. -.---__ '�-'��� �, \`\ ------ ! ----------- __________________ -- -1 --- ` ----------11-- / I`i-__ it II I II97.25QF; Zl- \� 3 11 tt ❑ 11 \ 1 UNR40 1(Level2)' II UNITI a084vel4) / / \ I 1 U4+T40p(u�y 2) s57.4xF4Nr i / UNIT I� II 915..Sq� 848SQ ur.bla II II ss7.4 F « 11 ss7.4 RNs I I I U-bi. <` I II wM° LMb 1f 1 I 11 II II II 11 It II I L u - ll- I ' ubhyl� 1i I II II II 1I 1 II i I It = ^�� � I I I ""-�1"• 1 I I'fvr 'n1T I I 11 I I �"°°rl I I I Ind r r� r-=�(ij�� � -� 8� l \ I _11 __ - �I tI II III N /--- - II N II II II II I11 I ,n ow I 11 it ' \ I 99sull II 11 II 2� 400 B ILDING: Existin Fourt�i (Upper) Level Plarn-Aspen Alpps` _ _ — - - /J406-8 SCALE:11s -1 `_ I� 1 J II I--1 II I I I I II 11 II II II II I, II u I I I ;; BUILDING 300 - ROO II IMPERMEABLE SURFACE AREA 5,087 SQ Fr l li �F_ � l� __ � r'S I�= �, I II ==_JL---= II c II II II L------��-------� _---��--�----_=--_J�--�L---= II P 4 tl I I II � �L------5�------ II II II II II iL---�L------ II II II _----_Jt II II — --- A ---_—__—__—JI II II IL__--------Ji— II II _JL--_ 1 400 BUILDING: Existing Roof Plan - Aspen Alps 40Y SCALE: 1/8' - V-0" 28' LINE OF HEIGHT FROM E1(ISTNO ONADE CONDITIONS 2 400 BUILDING: Existing West Elevation -Aspen Alps \4,tC SCALE: 1 /8" = P-0" [ 1 T� 111: :,��it6A1•, i �a , 4 400 BUILDING: Existing West Elevation Wall Surface Diagram - Aspen Alps ao0•C SCALE: 1 /8" = P-0" I IE E== __ LL L- J tompaq.-­ 0 I I Ti-rnn 1111111 II II III -- 3 400 BUILDING: Existing West Elevation - Aspen Alps 5 400 BUILDING: Existing West Elevation Wall Surface Diagram - Aspen Alps 40o-C SCALE: 1/8" = P-0' c 0 O c13 aaU J Q C W N � 0 Q O Q O U Z U ) X m > LU O Q CL c O O O d ~ Q L,t 11 7 L 28-LINE OFN.GNT- - - - - - - - - - FROMEASTING - - - - - - - _________________ GRADE CONDITIONS - 1. n II 11=11 r l iL_ I I I 400 BUILDING: Existing South (Frontage) Elevation - Aspen Alps 400-D SCALE: 1/8" = 1'-0' 1.281 Sq li Surface Are"All 0 Sq Ft Exposed. ,,21400 BUILDING: Existing South Elevation Wall Surface Diagram - Aspen Alps 400-D SCALE 1/8"= V-0" �I s ei I� y s to s !' I II jamiff -1�1�=ii�����1-.-1�1 II I II II � ,'I!!I!!!I!!I''{!� 1.�1�1� �� ■inn�llllllllll� 1 llllllllll�l� ''I!� 1-_��1-1�1; II II Ih 1� - - i COND17IONS ,. a �. s IIIII_ IIIIIIIII ns■ �i 0 ���.� =�-•: _�-•: _ ■inns■ ICI ■inns■ �I 9. is... �0i :.:��:.:e�: '=�'II!!I!!I!!I'II!!I!!IlII'I!!!I!!!!!I',GRADE ■inni■ �I�I �,�'''!IIlIIlIlII'I e.��.9-ex-hli�I�l i.m.■.s.;. e.0 ... .I ,.�s�;.al�, .�.. hhhl ��h��hhhl�L.`=e-•�=s-�;��I�h, �� IIIIII� hIIIIIIIIIII hIIIIIIIIIII I�IIIIIIIIII Jill ■ I °.off.•a��•�i•�a I�IIIIIIIIII IiIII�I■ ■ ipIIIIIIIIIIpIIIIIIIIIIpIIIIIIII�I;e. i'� �e..a. a _•._..._=.11 !IIIIIIIIIII �■ .s..o. _:..._=..._: I: ■Innl■ ■1F11F1II■ �I "I. ■�I�If�1�■ I ■�FNIFNI�■ I pIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIII IIIIIIIINII a , a� .i IIIII_ IIII_IIIII_ IIII_ Iwo �■ ■� I _' I��®_:�•'_�Illllllllllll�lnlnlllllllllllll� _" .e■„::�■„�'llllllllllll�"IIIIIIIIIIII� !31400 BUILDING: Existing North Elevation - Aspen Alps 400-D SCALE: 1/8' = 1'-0' u �i n n u nMffi7iMT11 400 BUILDING: Existing North Elevation Wall Surface Diagram - Aspen Alps ,t SCALE: Mr = V-0' 400 FIRST LEVEL LEVEL 1 (SUBGRADE/ WALK OUT) BREAKDOWNS LEVEL 2 OVERALL BREAKDOWNS 3,295.3 SQ FT ACTUAL FLOOR AREA 2,963 SQ FT TOTAL WALL SURFACE AREA 1,494 SQ FT WALL SURFACE EXPOSED = 50.4% EXPOSURE FLOOR 1 (3,295.3 SQ FT) = 1,660.8 SQ FT FLOOR AREA 10-E 400 BUILDING: Level One SQ FT & Floor Area Breakdown Diagrams - Aspen Alps 4 DECK 401 DECK 402 DECK 403 DECK 404.408 318.8 SQ FT 97.2 SQ FT 97.2 SQ FT 97.2 SQ FT 41/003l4 r1 FLvvM - 07V J'.4 r, 2 E 400 BUILDING: Level Two SQ FT & Floor Area Breakdown Diagrams - Aspen Alps DECK 405 DECK 406 943.5 SQ FT DECK 407 DECK 404-408 2,920 SQ FT FLOOR AREA 400-E 400 BUILDING: Level Three SQ FT & Floor Area Breakdown Diagrams - Aspen Alps SCALE DECK 405 DECK 406 DECK 407 DECK 404-408 97.2 SQ FT 226.8 SQ FT 97.2 SQ FT 97.2 SQ FT 400 FORTH LEVEL 2,848 SQ FT FLOOR AREA DECK 405 DECK 406 DECK 406 DECK 407 DECK 404-408 99 SQ FT 99 SQ FT 99 SQ FT 98 SQ FT 99 SQ FT '\ 400 BUILDING: Level Four SQ FT & Floor Area Breakdown Diagrams - Aspen Alps 400-E SCALE: 1/8" = 1'-0" - --------1 r- = 1 - I J d BUILDING 300 - Rb0* II - - p IMPERMEABLE SURFXCE AREA n I, r 5,087 SQ FT - it G T T -1-1170 ,5\400 BUILDING: Roof Level SQ FT & Floor Area Breakdown Diagrams - Aspen Alps 3,295.3 SQ FT ACTUAL FLOOR AREA 2,963 SQ FT TOTAL WALL SURFACE AREA 1,494 SQ FT WALL SURFACE EXPOSED = 50.4% EXPOSURE FLOOR 1 (3,295.3 SQ FT) = 1,660.8 SQ FT FLOOR AREA STAIR & DECK ACCESS: 0 SQ FT STAIR ACCESS AREA 2,920 SQ FT ACTUAL FLOOR AREA 10096 SQ FT WALL SURFACE EXPOSED = 100% = 2,920 SQ FT - 3 INTERIOR STAIR OPENINGS@44 SQ FT EACH, THEREFORE, 2,920 - 132 = 2,788 SQ FLOOR AREA COMMON HALL - UNIT ACCESS (SUBGRADE): 856 SQ FT ACTUAL STAIR ACCESS: 68.6 SQ FT LEVELS 1 & 2 UNIT INFORMATION - 401-403 UNITS (TWO LEVEL UNITS) 404/408 (4 LEVEL COMBINED UNIT): 401: 1,135 SQ FT NET LIVABLE DECK 401 - 31 8.8 SQ FT ACTUAL Stair/ Deck 402: 1,142.4 SQ FT NET LIVABLE DECK 402 - 97.2 SQ FT ACTUAL LEVEL 1 & 2 TOTALS FOR UNITS. Area 403: 1,142.4 SQ FT NET LIVABLE DECK 403 - 97.2 SQ FT ACTUAL 4.554.8 SQ FT NET LIVABLE 404/408: 1,135 SQ FT NET LIVABLE (FLOORS 1 &2) UNIT DECK TOTAL: 610.4 SQ FT ACTUAL DECK 404/408 - 97.2 SQ FT ACTUAL (FLOORS 1 &2) LEVEL 3 OVERALL BREAKDOWNS LEVEL 4 OVERALL BREAKDOWNS Net Livable 2,920 SQ FT ACTUAL FLOOR AREA 3,024 SQ FT ACTUAL FLOOR AREA 100% SQ FT WALL SURFACE EXPOSED = 100% 100% SQ FT WALL SURFACE EXPOSED = 10096 = 2,920 SQ FT FAR = 3,024 SQ FT - 4 INTERIOR STAIR OPENINGS944 SQ FT EACH, THEREFORE, COMMON STAIR ACCESS: 3,024 - 176 = 2,848 SQ FLOOR AREA 943.5 SQ FT Floor LEVELS 3 & 4 UNIT INFORMATION - 405-407 UNITS (TWO LEVEL UNITS) LEVEL 3 & 4 TOTALS FOR UNITS: Area 404-408 (4 LEVEL COMBINED UNIT) 4,883.2 SQ FT NET LIVABLE 405: 1,130.4 SQ FT NET LIVABLE UNIT DECK TOTAL: 1 ,401 .2 SQ FT ACTUAL DECKS 405 (3) - 293.4 SQ FT ACTUAL 406: 1,490.4 SQ FT NET LIVABLE DECKS 406 (4) - 522 SQ FT 407: 1,132 SQ FT NET LIVABLE BUILDING 300 - ROOF DECKS 407 (3) - 292.4 SQ FT ACTUAL IMPERMEABLE SURAFCE AREA 404-408: 1,130.4 SQ FT NET LIVABLE (FLOORS 3 & 4) 5,087 SQ FT DECKS 404-408 (3) - 293.4 SQ FT ACTUAL (FLOORS 3 & 4) DECKS -ACCESS: 3,023.7 SQ FT ACTUAL ALLOWABLE DECK SQ FT FOR PARCEL 3 (BUILDINGS 300, 400, & 500) PARCEL 3 35,501 SQ FT FOR FLOOR AREA PURPOSES 1 5% OF 35,501 = 5,325.2 SQ FT FOR DECKS ALLOWABLE 3,1 31 .3 SQ FT ACTUAL BUILDING 300 3,023.7 SQ FT ACTUAL BUILDING 400 3,366.7 SQ FT ACTUAL BUILDING 500 9,521.7 SQ FT DECK TOTAL FOR 300,400,500 9,521.7 - 5,325.2 = 4,196.5 SQ FT FLOOR AREA FOR BUILDINGS 300,400 & 500 DECKS COMBINED THEREFORE, 4,196.5 SQ FT OF DECKS FOR BUILDINGS 300,400,500 COUNTABLE FOR FLOOR AREA FLOOR AREA SQ FT TOTALS. LEVEL 1: 3,295.3 SQ FT BLD NET / 1,660.8 SQ FT FLOOR AREA 2.318.8 SQ FT NET LIVABLE 0 SQ FT NET DECKS -STAIRS -ACCESS LEVEL 2: 2,920 SQ FT BLD NET/ 2,788 SQ FT FLOOR AREA 2,236 SQ FT NET LIVABLE 679 SQ FT NET FOR DECKS -STAIRS -ACCESS LEVEL 3: 2,920 SQ FT BLD NET/ 2,920 SQ FT FLOOR AREA 2,295.2 SQ FT NET LIVABLE 1,332.3 SQ FT NET FOR DECKS -STAIRS -ACCESS LEVEL 4: 3,024 SQ FT BLD NET/ 2,848 SQ FT FLOOR AREA 2,588 SQ FT NET LIVABLE 1,012.4 SQ FT NET FOR DECKS - STAIRS - ACCESS TOTALS: 12,1 59.3 SQ FT NET/ 10,21 6.8 SQ FT FLOOR AREA 9,438 SQ FT NET LIVABLE DECKS -ACCESS: 3,023.7 SQ FT NET BLD 400 R o is �c 1 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1 1 --------------- ------------- — ___-- •� _t _ MA - /F II -- — — — —— '1 I ------_ DE&- ----- G -- --- --- -----�__�_ _ II 11 �� wta6tgRwa II I eemet4Y,oe l re •T}Ra II II _ 3xaueE---_ HE I II II /''� �'','// //I •�„� UNIT 5011 (Level 1) l UNIT 902 (Level A II I 1 UNIT 503 (Level Q I II I I II I I II II I I 11 501 (1" 1) I ---`-- \\ — /'/ 69.9 Sc Ft I 11 566 Sg Uw61e I I 569 Sq Net I I +w46e9 ..., �• I I I I y 568 Sa Net LIve61e I I I I I e�1Oe1ll ��Ti ^ I �fM II S Sq R N•t 116.0 Sq Ft y r, / / ,�' / ,� ' ' '/ I II e'9I°0P I I II II II emco•II eddeow •nib, I I I FlRSTLEVEL II I I 3,3832 54 FT NET FLOOR AREA II 1,73S.6SQFTFLOORARFw II I II II II I II II I — �\ �a�l / ,' ,/' / I 9ECK �- — II II II II II - ,\ ` �♦< ABOVE/ —S-fOR�6E ' , / /' /' / , �SflEp/ h / I I •uw I I wtet eiqu you .,.� enw I er�w / / \ \ Z \� \ / I DECK &STAIR _----------------------------------- ABOVE --- — —_ _ 7 _— — —--------------- —_]i RETAINING WALL ABOVE I ----- II "Avg A — -- RETAINING WALL ABOVE--- II I I _J /.+� �� E3_ — 1 I 1 I 3,38312 SQ FT NET LOOR AREAI' 1 3,122; SQ FT TOTA4 WALL SURFACE AREA 1,60g1.5 SQ FT WALL SURFACE EXPOSED = 51.3 % EXOOSURE FLOOR 1 (3,383.2 ESQ FT) 1,135.6 SQ FT FLOOR AREA 1 500 BUILDING: F-Asting First Level ( Walkout) Plan - Aspen Alps 50o A SCALE :1/8' - V-W -----------------\ - -. -- - ---- ----- - - - - -- -- _----- ---- -_ `_--------,,,-'--_____ ------------------- - - - - - - - yap ----------- ------- _------- - - - - --------___ _ < -� 97SgFt II Com R975g §a3SgtFt IIII arxtw5Ft3 ---- ---- ---- --y�'`4 � 11 UNIT001(Levell4) "• : ' "°`^ a UNIT502(1"2) I UNIT13(LeVM2) I II IT IUN5%(1"211 II II II — ___ — \\ `\ DECK ABOVE II II I 557 Sql Net I I I I II 11 I I 561i Fg Ft Net 1 l 5,6_1�? Ft Ntt I LNiDn 1 I I 11557 Sq F1I�Mt 11 LRr•hN ' IlTORAGE I SHED II L"'a11 II I VFW tF+.11 u1h L� II II SECS DLEVEL II w.aer I II ++rY1F�� I uMl t^rN II II II oEac II II II II \ \y L II I I II 1 I I t•7'sa Fr FLo¢R AREA I I SABOVE I I I SHEDPt p\ ` — / — — — _ ateer I I uon.cceae wuw.. ;eew x-1 856 // I �2 500 BUILDING: Existinq Second Level Plan - Aspen Alps 500-A SCALE: 118' = 1'-0" co O M. U CL a _O Q Vj O 0- U 0 J Q 1 Z N u a Q Q O � ' T Oil UZU 0) Q N C x m > woQ o a) a� c o m o a r1_ Q 1 1 1 1 1 1 1 1 1 1 ------------------ -------------------- ------------ ----- --- - - - - -- _----- --- -- - -- - - - - --- -- ---- - - - - --a_ `\ DECK 5q oex' AsOVE ---- - 197o Ft 11 I II — —�--\\ — II I I I STORAG ---_ \` 1197�� I 11 I' II UNIT 508(Level7) SHED ;\ � 1) TilaolI Et II II UNRpu7 gtud Urdq1,6e991S`114 I UNR GOA ILA z.9zo sc Fr Flood raga I1 �#qq vTMww I6N I evall) II I �� I.e`-03� Rrlt UNIT 505 (1. I I I I I I 11��- I � 65Sq II Ilsbl�[f(" racow� II it II II II I II -� ��© ♦♦t I II II II IIyI',I! '�T'°°r II II II \ t I I' II I' ° W11 Q1J- �y I I - - / II �I 932.7sc�l I a� I n I I �-------I /L/' I III 111 \\ \ 11 11 -As en Alps ___ __________________ __ ` 1 500 BUILDING: Existin Third Level Plan p _ - - _ _ - o''� �1<1J sooe sCALE:va•=r-0• - --'" ----- - - - - - - - - _ - - ------'-- ------------------------------ /c~ \ \\u —— ——————— — — — — —— -- `--- _------ _ ---- -- - --- - - - I - -r r % / II I i oeaca 91�.7� 1228.e 5q+l I II I'. I I'93 Sp Ft I I �rtA.0 UNIT IPS (Level Q) wU'T' Fr II II I' I,is�+.�FCNat II I I U IT 505 (L41 1 Z) 11 2,h92 sa Fr oe �a I I I I 11 t, UNIT' 05 (L IZ) I I 9t s sa Ft N'f l I I III I I .mou1 11 �� I '+ I I I \I tI S57AMCIFtNa I II Uvabi SI II II II II II III II I 11 II---u'---L // ,/� �' // /' J II �,,�,y� I II uvtt II II II II II I II II III I' J \`�\ \ ♦ //\a\ IW'"' _�I---J I IIIt II II II 'C`\ 1 I I I t F[ • 97.2 I%fiSaRll 1 I I', 9e.6wPo II I I Wl !=lam--/ 'I - - - I I I II \ -------- �2 500 BUILDING: Existing Fourth Level Plan -Aspen Alps 500-8 SCALE : 1/8' = �'-0• �2 500 BUILDING: Existing Fourth Level Plan -Aspen Alps 500-8 SCALE : 1/8' = �'-0• \ I I I � I 1 I � I \ \ \ I \ 1 I I \ \ I I \ \ I I 1pp ! I I I I i 1 I ! I 1 7 LJ i ---_ - ----I 8005 `_ -----' --- ------------- - \-- _____ _ \ (-11 I I LLJ I i s IL IF BUIP�'DING 500 - ROOF II �' T, IMPPM�ABLSUTAFCE AR,A LJ ii 5126 S(, FT== I�m II I II -_-5�------ ====JL------JL ��=-�L---= �L------5�------- --- I I I I I I I I I I I I I I I I --- -- ___---------- — — — — — — — — — — ----------- _ \ 1 \ 2 500 BUILDING: Existing West Elevation - Aspen Alps 500-C SCALE: 1/8" = 1'-0" of 194 Sq S rea 114 S 4� 500 BUILDING: Existin West Elevation Wall Surface Diagram - Aspen Alps 1 1 1 1 I \\1 1 1 1 1 1 1 1 I I I I I 1 I I i I � 1 500 BUILDING: Existing Roof Plan - Aspen Alps 500-0 SCALE: 1/8" = 1'-0" II III I II III I ==== 17rrrr�L IIIIII IIIII IIIIII �Ij I I I I I 0 CNn WWI .'y 79' UNE OF HEIGHT FROM EXISTING GRADEC(jNDMON8 3 500 BUILDING: Existing East Elevation -Aspen Alps 500-C SCALE: 1/8" = T-X ii"B" ft Surface ea x os 5 500 BUILDING: Existing East Elevation Wall Surface Diagram - Aspen Alps 5t SEALLE : 118" - 1'-0" C 0 fC O c� 'O � a c az a N a O a 0 o 0 U U? - CM C = � _ a) K m > LU O a d V C C)a)C CL ~ a r] 1 n� I LJ i n L --------------- 18'LINE OF HEIGHT — ------------ FROM EXISTING GRADE CONDITIONS — — — — — — — — — _ --____________._---- ---------- rL--------------- I II" 'IIIII I-------------- r-r7 Inll ........... .. rr,l II I� II II L_ IF=alll III I II II I I II II I I II II I I I �=31 IIII III I II II I E_ �I III II I I I r---- Li-------�JJ------------------L-L-------Jt=L - 1---- L-------�J�---- I "All A i 1t-� r-i r=�L-1---1-11--------------- 500 BUILDING: Existing South (Frontage) Elevation - Aspen Alps 500-D SCALE: 118' = 1'-0' 2 500 BUILDING: Existing South Elevation Wall Surface Diagram - Aspen Alps 500-D SCALE: 1/8' - 1'-0' II II --------------ILJI ------- 1i_____1-if9iVJ�1" I 1 I 1 I 1 / �: op�l I■ IIII l 1 I����I��gqIIIqq��IIgqI�11111''pp��I=�� 1� Z-F�1--�tl 1�1-1-1 I�I�Ii 1■i■n 1 1�1�1-1��_�_I �_��•,1�1-1�1 IM I l li — — a2V LINE OF HEIGHT GRADE CONOMONS h{ ai i f 1I'I II �■■ni01 o::e2.1-=7 i■■■0 IhryIfl1�IN�MIN Il l"i ■i■ni■�i o:..o �1■I11■II■I I IhqIiI�RI�IIIIM IqI�I�NpN�NIII Ih�1g �p1 lh�I�IMIINIyp lIyIh nNII■_��/ N�I�p1�1111�I11�1111I1I1It 'Ih hIIINII�gI hallllalll hMIIIIMIIiI ����s��=O�i�f_-����_l in .a /I 'II 1 ■I■ 101111111111 INIIII1II IMg111N ����INgll / o!�-���-� Illl111111 ����������� I IIIINIIIII ■N I I■ I ■■I�=/_� I __ ii� iii� � ��far�GTci is: 0:G _______'I�Np� � E� � Eii� ii� � iaorriEis� �■� � i� di. �:� ■S. �IMIR■I��■IIIIII■I II �p��ry I IMI ______r IIMMI \ MI■■I■I■INIIIIIININIIIIIIIIIIIINIIIN�III 'I II II I�I�I�I_UMUMMOr�l—l�'tM al- 500 BUILDING: Existing North Elevation - Aspen Alps 5tQ SCALE: 118' • 1'-0' 1�alls,.11� �1 .. i�fi. 1�1 III It 1111T11 4 500 BUILDING: Existing North Elevation Wall Surface Diagram - Aspen Alps 500-D SCALE: 1B' = 1'-0' C O U Qa C) j D Q 1 aza Fn N Q O Q o o U U CIO Z - fn � X m > 111OQ d Lr) C C) O d ~ Q 10 0 m 0 111 L 1 161.6 SQ FT 3,383.2 SQ FT NET FLOUR AREA i 1 500 BUILDING: Level 1 Sq Ft & FAR Breakdown Diagrams 500-E SCALE: 1/16' = 1'-0' DECK 501 DECK 502 DECK 503 DECK504 346 SQ FT 97 SQ FT 93 SQ FT 291.4 SQ FT ,2L500 BUILDING: Level 2 Sq Ft & FAR Breakdown Diagrams 500.E SCALE. 1/16' = 1'-0' DECK 505 DECK 506 97 SQ FT 97 SQ FT 932.7 SQ FT DECK 507 DECK 508 97 SQ FT 91.8 SQ FT 2,920 SQ FT ACTUAL /3 500 BUILDING: Level 3 Sq Ft & FAR Breakdown Diagrams 500.E SCALE: 1116' = l'-0' DECK 505 DECK 506 DECK 508 DECK 508 98.5 SQ FT 226.8 SQ FT 93 SQ FT 91.7 SQ FT DECK 505 DECK 506 DECK 506 DECK 508 DECK 508 97.2 SQ FT 96.6 SQ FT 96.6 SQ FT 96.6 SQ FT 96.6 SQ FT ,4--', 500 BUILDING: Level 4 Sq Ft & FAR Breakdown Diagrams 500-E SCALE: 1/16' - 1'-0' ' I I BUILDING 500 - ROOF IMPERMEABLE SURAFCE AREA 5,213 SQ FT 5 500 BUILDING: Roof Sq Ft & FAR Breakdown Diagrams $ 500.E SCALE 1716' = 1'-0' 500 BUILDING (FIRST LEVEL) 3,383.2 SQ FT NET FLOOR AREA 3,122 SQ FT TOTAL WALL SURFACE AREA 1,600.5 SQ FT WALL SURFACE EXPOSED = 51.3 % EXPOSURE FLOOR 1 (3,383.2 SQ FT) = 1,735.6 SQ FT FLOOR AREA Stair/ Deck Area Net Livable Floor Area 500 FORTH LEVEL 2,892 SQ FT FLOOR AREA LEVEL 1 (SUBGRADE/ WALK OUT) BREAKDOWNS 3,383.2 SQ FT NET FLOOR AREA 3,122 SQ FT TOTAL WALL SURFACE AREA 1,600.5 SQ FT WALL SURFACE EXPOSED = 51.3 %EXPOSURE FLOOR 1 (3,383.2 SQ FT) = 1,735.6 SQ FT FLOOR AREA STAIRS & DECK ACCESS: 161 .6 SQ FT STAIR ACCESS LEVEL 2 OVERALL BREAKDOWNS 2,920 SQ FT NET FLOOR AREA 100% SQ FT WALL SURFACE EXPOSED - 100% = 2,920 SQ FT - 4 INTERIOR STAIR OPENINGS@44 SQ FT EACH, THEREFORE, 2,920 - 176 = 2,744 SQ FLOOR AREA COMMON HALL - UNIT ACCESS (SUBGRADE): 856 SQ FT ACTUAL STAIR & DECK ACCESS: 68.6 SQ FT LEVELS 1 & 2 UNIT INFORMATION - 501.504 UNITS (TWO LEVEL UNITS) 501: 1,351.9 SQ FT ACTUAL / 1.123 SQ FT NET LIVABLE DECK 501 - 346 SQ FT ACTUAL 502: 1,323.6 SQ FT ACTUAL / 1,130 SQ FT NET LIVABLE DECK 502 - 97 SQ FT ACTUAL LEVEL 1 & 2 TOTALS FOR UNITS: 503: 1,323.6 SQ FT ACTUAL / 1.127 SQ FT NET LIVABLE DECK 503 - 93 SQ FT 4,479 SQ FT NET FLOOR AREA 504. 1,351.9 SQ FT ACTUAL / 1 ,1 26 SQ FT NET LIVABLE 4,506 SQ FT NET LIVABLE DECK 504 - 291 .4 SQ FT ACTUAL UNIT DECK TOTAL. 827.4 SQ FT ACTUAL LEVEL 3 OVERALL BREAKDOWNS 2,920 SQ FT ACTUAL FLOOR AREA 100% SQ FT WALL SURFACE EXPOSED - 100% 2.920 SQ FT FAR I COMMON STAIR ACCESS: 932.7 SQ FT LEVELS 3 & 4 UNIT INFORMATION - 505-508 UNITS (TWO LEVEL UNITS) 507-STUDIO UNIT (1 LEVEL): 505: 1,122.4 SQ FT NET LIVABLE DECKS 505 (3) - 292.7 SQ FT ACTUAL 506: 1,484.7 SQ FT NET LIVABLE DECKS 506 (4) - 517 SQ FT ACTUAL 507: 408.3 SQ FT NET LIVABLE DECKS 507 (1) - 97 SQ FT 508: 1,843.9 SQ FT NET LIVABLE DECKS 508 (5) - 469.7 SQ FT ACTUAL DECKS -ACCESS: 3,366.7 SQ FT ACTUAL FOR BLD 500 ALLOWABLE DECK SQ FT FOR PARCEL 3 (BUILDINGS 300, 400, & 500) PARCEL 3: 3 5,5 01 SQ FT FOR FLOOR AREA PURPOSES 1 5%OF 35,501 - 5,325.2 SQ FT FOR DECKS ALLOWABLE 3131.3 SQ FT ACTUAL BUILDING 300 3:023.7 SQ FT ACTUAL BUILDING 400 3,366.7 SQ FT ACTUAL BUILDING 500 9,521.7 SQ FT DECK TOTAL FOR 300,400,500 9,521.7 - 5,325.2 = 4,196.5 SQ FT FLOOR AREA FOR BUILDINGS 300,400 & 500 DECKS COMBINED THEREFORE: 4,196.5 SQ FT OF DECKS FOR BUILDINGS 300,400,500 COUNTABLE FOR FLOOR AREA LEVEL 4 OVERALL BREAKDOWNS 3,024 SQ FT NET FLOOR AREA 100% SQ FT WALL SURFACE EXPOSED - 100% - 3,024 SQ FT - 3 INTERIOR STAIR OPENINGS�244 SQ FT EACH, THEREFORE, 3,024 - 132 - 2,892 SQ FT FLOOR AREA LEVEL 3 & 4 TOTALS FOR UNITS: 5,812 SQ FT NET FLOOR AREA 4,859.3 SQ FT NET LIVABLE UNIT DECK TOTAL: 1 .376.4 SQ FT ACTUAL BUILDING 500 - ROOF IMPERMEABLE SURAFCE AREA 5,213 SQ FT FLOOR AREA SQ FT TOTALS LEVEL 1: 3,383.2 SQ FT BLD NET / 1,735.6 SQ FLOOR AREA 2,270 SQ FT NET LIVABLE 161.6 SQ FT NET DECKS -STAIRS -ACCESS LEVEL 2: 2,920 SQ FT BLD NET/ 2,744 SQ FT FLOOR AREA 2,236 SQ FT NET LIVABLE 896 SQ FT NET FOR DECKS -STAIRS -ACCESS LEVEL 3. 2,920 SQ FT BLD NET/ 2,920 SQ FT FLOOR AREA 2,303.4 SQ FT NET LIVABLE 1,315.5 SQ FT NET FOR DECKS -STAIRS -ACCESS LEVEL 4'. 3,024 SQ FT BLD NET/ 2,892 SQ FT FLOOR AREA 2,627.9 SQ FT NET LIVABLE 993.6 SQ FT NET FOR DECKS - STAIRS - ACCESS i TOTALS: 12,247.2 SQ FT NET/ 10,247-6 SQ FT FLOOR AREA 9,437.3 SQ FT NET LIVABLE DECKS -ACCESS: 3,366.7 SQ FT NET BLD 500 1 ' currently contains a total of twenty-two units, seven units in both the 300 and 400 Buildings and eight units in the 500 Building. With respect to bedrooms, the 300 Building contains six 2-bedroom units and one 3-bedroom unit, while the 400 Building contains five 2-bedroom units and two, 3-bedroom units. The 500 Building contains one studio unit, five 2-bedroom units and two 3-bedroom units. With the exception of Units 302/306, 404/408 and 508, all of the ' units contain less than 1,500 square feet of net livable area. The three larger units contain 2,255 square feet, 2,265 square feet and 1,844 square feet, respectively. fl The 300 Building contains approximately 9,942 square feet of floor area excluding its decks while the 400 and 500 Buildings contain approximately 10,217 and 10,248 square feet of floor area, respectively. The three buildings' deck area totals approximately 9,522 square feet of which 5,325 square feet is exempt from floor area calculations. The total floor area of the buildings is 34,604 square feet including 4,197 square feet of deck area which must be counted as floor area. Development data for Parcel 3 and the 300, 400 and 500 Buildings is provided in Table 4, below. Table 4 DEVELOPMENT DATA Parcel 3 1. Minimum Required Lot Size (Sq. Ft.) 3,000 2. Existing Lot Size (Sq. Ft.) 42,286 3. Minimum Required Lot Width (Feet) 30 4. Existing Lot Width (Feet)' 481.75 5. Existing Lot Area (Sq. Ft.)2 For Density Purposes 35,681 For Floor Area Purposes 35,501 73 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 1 1 1 1 rei 7 E:1 0 10. 11 12. 13 Maximum Allowed Dwelling Units @ 3,000 11 Sq. Ft. Lot Area/Unit Existing Dwelling Units 22 300 Building 7 400 Building 7 500 Building 8 Maximum Allowable Floor Area 35,501 @ 1:1 (Sq. Ft.)' Existing Floor Area (Sq. Ft.) 34,604 300 Building 9,942 400 Building 10,217 500 Building 10,248 Decks' 4,197 Maximum Allowable Residential Unit 1,500 Net Livable Area (Sq. Ft.) Existing Residential Unit Net Livable Area 300 Building < 1,500 Sq. Ft. (Units) 6 > 1,500 Sq. Ft. (Units) 1 400 Building < 1,500 Sq. Ft. (Units) 6 > 1,500 Sq. Ft. (Units) 1 500 Building < 1,500 Sq. Ft. (Units) 7 > 1,500 Sq. Ft. (Units) 1 Minimum Required Setbacks (Feet) Front Yard 5 Side Yards 5 Rear Yard 5 Existing Setbacks (Feet)' 74 300 Building Front Yard 19.5 South Side Yard 19 Rear Yard 22 400 Building Front Yard 7.5 Rear Yard 9.5 500 Building Front Yard 14 North Side Yard 7 Rear Yard 9 14. Minimum Distance Between Buildings (Feet) 10 15. Existing Distance Between Buildings (Feet) Between 300 and 400 Buildings 32 Between 440 and 500 Buildings 19.5 16. Maximum Allowable Height (Feet) 28 17. Existing Height (Feet)6 300 Building > 28 400 Building > 28 500 Building > 28 18. Minimum Required Parking Spaces 22 @ 1 Space/Unit' 19. Existing Parking Spaces' 8 1 Measured along the front yard setback line. 2 Calculated pursuant to Sections 26.445.040.B. and 26.575.020.C. See Exhibits 17 and 18, Appendix C. 3 For free market, multi -family housing projects established prior to adoption of Ordinance No. 9, Series of 2005. 4 Fifteen percent of Parcel 3's maximum allowable floor area is exempt from floor area calculations pursuant to Section 26.575.020.D.4. VAI s Measured pursuant to Section 26.575.040. 6 A roof plan with detailed height measurements will be submitted following the receipt of consolidated PUD approval. ' Fewer spaces may be approved pursuant to Section 26.515.040.A. s Approximately eight spaces are provided across from the 500 Building on Parcel 6. As Table 4 indicates, Parcel 1 complies with the minimum lot size, lot width and setback requirements of the Lodge zone district. The total floor area of the 300, 400 and 500 Buildings is less than the maximum allowed, and all but three of the units comply with the district's maximum allowable net livable area limitation. Parcel 3, however, is non -conforming with respect to density as a maximum of eleven units are allowed and a total of twenty-two units are located thereon. The parcel is also non- conforming with respect to parking as no on -site spaces are provided, and with respect to building height as portions of all three buildings are believed to exceed the maximum allowed. D. Parcel 4: Aspen Alps 700 Building The 700 Building consists of a three-story, multi -family structure, a portion of which is located subgrade. While the original 700 Building condominium map depicts eleven units (see Exhibit 9, Appendix Q, Units 709 and 710 have been combined. As a result, they no longer function as separate units for occupancy purposes. As currently configured, four of the building's ten units are two-story units. Unit 700 and the lower level of Units 701, 702, 703 and 704 are located on the building's ground level. Units 700 through 703 each contains four bedrooms while Unit 704 contains three bedrooms. Unit 705 and the upper level of Units 701 through 704 are located on the building's second floor while remaining Units 706 through 709/710 are located on the 76 1 i 1 1 1 t 1 1 1 1 1 1 I 1 1 1 1 1 1 h �/' /' // //,' /' /�/�/�,� �'.�'��'� •�.''� 785.7 SQ FT ACTUAL FLOOR AREA �\ 4, SQ FT TOTAL WALL SURFACE AREA 2,888 S WALL SURFACE EXPOSED = 64A ` \\ -- ----- EXPOSU SQ FT) `\ 5,0 SQ FLOOR AREA UNIT 704 (2 I / / / / / / eeoroaN eeoAaov eeoeoor eeoeot eenrow eeoaooy ----` `\ - � Level Unit) \ Lower Level UNIT 703 (2 UNIT 702 (2 1 1 UNIT 701 (2 1 \\ \\ 380SgFtNet t` Level Unit) Level Unit) a I Level Unit) \\ \ Livable I I I I \ ` n D n L _ Lower Level (— — — — Lower Level Lower Level L_ — 729.9 Sq Ft Net \ \ \ \ 91,twtoou seoeoou ecurow LNabl Sq Ft Net Net Ll bl Ft Ul ble — / LNable Net Livable � \ � tj7 / � / � i 1 w4l % / _ artorw eatneooG _ LiLmonraE Wye*�, — — — noan mtau� w w eroawe atonnaa w \ \ \ LEVEL oaOWEu 5,037.3 SQ Fr FLOOR AREA evace \ \ I UNIT 700 Space "A' II 2,142.4 Sq Ft aranru movae weawir eFnnoae \ \ v / '' — — — 1 I Net LNable n v — u+rw Vicwill \ \ �- - -- - - - - - - - - - - - - - - --�� - - \\ -- -- --J / 700 BUILDING: Existin Level 0 ( Walkout) Plan - Aspen Alps 700.A SCALE: 11ir = l'-(r J / 1 � 4- 1912.7 Sq Ft / � / / /,' // ,/ , j' �p,oy seaeor setnoor seoeaar semoor. sorooe eeonaou emogN eFaroae �� — � \ � I _ ` 1 nrrw / oawc ae.w a,� \ � i � /, / �� M oo aln«ooi �^. tNto e • e nwoo \ `\ \ \ / LEVEL 1 (MAIN) If 7,797.7 SQ FT FLOOR AREA 4 uvwo 4i9iWfq 4i8FVRM/� uwwnw Lana Ntu HSMMe'lT, I ) UNIT 704 (2 UNIT 703 (2 UNIT 702 (2 UNIT 701 (2 `\ \ 1 UNIT 705 Level Unit) Level Unit) Level Unit) Level Unit) I I Upper Level Upper Level Upper level 1,477.3 Sq Ft 1.440.4 Sq Ft 1.440.4 Sq Ft 1,440.4 Sq F[ 11,440. Sq Ft LM I I Net ble n Net Livable Net Livable Net Liwble s Net LNable \32.2 Sq\ 1 � ------------------ i 72 A SCALE00 BUILDING: Existin Level 1 (Main) Plan - Aspen Alps 1 1 1 1 i 1 1 1 1 1 1 1 1 1 , 1 LEVEL zcuvrEw — — — -- 7,973.7 SQ FT FLOOR AREA --- -- / jI UNIT 710 & 709 I 2,973.E Sp Ft Net U-bi. I I I I me I I I 'mil u� roil rig rfi� rii� r temi �I Ir UNIT l:1,47S Sq Ft NC Ed t t• / (� 1 \ I 1 I �J =oc� 1122 - Flt• II 1p2S0 Ft I ft II 1 700 BUILDING: Existin I I Level 2 ( Upper) Plan - Aspen Alps r1� SCALE: 1/9' - 1'40' I o¢u>d 122 Sp Ft CI C=7 C11 r=Tr7 C=7 O C__1, C] C=7 C� r7 C=7 ❑ C-_, IL JI II II II I rLJI II ILI JI I U II II rLJI I i II tT1I I II I II II Irti II I!—lI I II II II II I Irk II II % � i / / / ' / / / II II U L-71 II IL-----�I II `_____ u Ir-----� q II II II II �I ti� —rr= II II II II I _____ L_ 1r-----� II II L;r II II II ��_____ II __ �I F=====�r-----� ti� =--=�I II II II II '1 II �_____ �I —,r----� �r F=====�I II II � II II p II I � I II II II II I n n II � II I I II II � II II n II � I \ \ L \ JL-----J L LL----J �L ==.—J� L_____JL-----J LL---_- �L ==--J� : L_____J \ \ / I II F1�=-ir==-il I �r— =mil r� I Ffr=—ter' �r =�ra / / I I II II II II II II L=JI I I , L—JI II II II IL=JII \ \ Ir , I r ,I II II II IF ,I II \ \ u II ILJI I L� I �J It IL--JL --UI 11 L� II I I Ir--�r--�I I U \ \ \ ===� _J3 31 ZL� U j I II n -- ij I' -- I 1 \ \ / \\ \\ I F_ ------------------ \ � I � \� l / \ � I 2 700 BUILDING: Existing Roof Plan - Aspen Alps , 700-A SCALE: 1/8' = 1'-(r 1 700 BUILDING: Existing East Elevation - Aspen Alps 700 C SCALE: 1/8" = 1'-0" 1:727 SQrface A 2 700 BUILDING: Existing East Elevation Wall Surface Area Diagram & Exposure Calculations - Aspen Alps 71N1-0 SCALE: 1/8" = 1'-0' _ 79_UNE OF HEI_gKT FROM EXISTING ORAOE COMDRIONB — +61OW 3 700 BUILDING: Existing West Elevation - Aspen Alps 7OD-C SCALE: 1/8' = 1'-O' t1�rs I j72 Sq ft Surface Area : - 460Sq f`t Exposed . 4 700 BUILDING: Existin West Elevation Wall Surface Area Diagram & Exposure Calculations - Aspen Alps 7Ul)-C SCALE: 1/8' = l'-0' V m 0 1 1 1 1 1 1 1 1 1 1 1 1 CONDITIONS 1 700 BUILDING: Existing North Elevation - Aspen Alps 700-0 SCALE: 1/8' - 1'-0' "D" 477 477 q ft Su Ft Ex ms Area Bd 2 700 BUILDING: Existing North Elevation Wall Surface Area Diagram & Exposure Calculations -Aspen Alps 700-0 SCALE: 1/8' - 1'-0' _ — _ 2M LM OF HEIGHT FROM EXISTING GRADE CONDITIONS 3 700 BUILDING: Existing South Elevation - Aspen Alps 7O Q SCALE: 1/8' = 1'-0' 7 MUM• (� yy+ajF 11 }yE aII �� 4 700 BUILDING: Existing South Elevation Wall Surface Area Diagram & Exposure Calculations - Aspen Alps 7O0.O SCALE: 1/8' = 1'-0' Stair/ Deck Area 1 Net Livable Floor Area 1 1 1 1 1 700 BUILDING: Lower Level Plan (0) Sq Ft Diagrammatic Breakdown - Aspen Alps 700-E SCALE: 1/16'=1'•0' 7,785.7 SQ FT ACTUAL FLOOR AREA 4,467 SQ FT TOTAL WALL SURFACE AREA 2,888 SQ FT WALL SURFACE EXPOSED - 64.7% 700 LEVEL 0 (LOWER) EXPOSURE FLOOR 0 (7,785 7 SQ M 7,785.7 SQ FT ACTUAL - 5,037.3 SQ FT FLOOR AREA /2-E 700 BUILDING: Main Level Plan (1) Sq Ft Diagrammatic Breakdown - Aspen Alps 700 LEVEL 1 (MAIN) 7,797.7 SQ FT FLOOR AREA COMMON DECK AREA 32.2 SQ FT 1812.7 SQ FT � SCALE:00 BUILDING: Upper Level Plan (2) Sq Ft Diagrammatic Breakdown - Aspen Alps 700 LEVEL 2 (UPPER) 7,973.7 SQ FT FLOOR AREA COMMON DECK AREA DECK 710-709 DECK 708 DECK 707 DECK 706 1657 SQ FT 122 SQ FT 122 SQ FT 122 SQ FT 122 SQ FT 4 700 BUILDING: Roof Plan Sq Ft Diagrammatic Breakdown - Aspen Alps 700-E SCALE: 1/16' = 1'-0' r� oho ­r�r __ _ �I�ILDIN�i ���_ �i Fr=r, �� . _� f' ` y ° I 700 q q q 1 0.64T17 SQ m I I�f(T L y ° II I r u o h u H a II II �i 1 II II II L PLC LL —' �JL �___SUFAiCE EiA� _ 7 ­� II L—ti u d LEVEL 0 (SUBGRADE/ WALK OUT) BREAKDOWNS 7,785.7 SQ FT ACTUAL (NET) FLOOR AREA 4,467 SQ FT TOTAL WALL SURFACE AREA 2,888 SQ FT WALL SURFACE EXPOSED = 64.7% EXPOSURE FLOOR 0 (7,785.7 SQ FT) = 5,037.3 SQ FLOOR AREA LEVEL 1 (MAIN) OVERALL BREAKDOWNS 7,937.7 SQ FT ACTUAL FLOOR AREA 100% SQ FT WALL SURFACE EXPOSED = 10096 = 7.937.7 SQ FT - 4 INTERIOR STAIR OPENINGS@35 SQ FT EACH, THEREFORE, 7,937.7 - 140 - 7,797.7 SQ FT FLOOR AREA COMMON HALL/ UNIT STAIR ACCESS: 1,812.7 SQ FT LEVELS 0 & 1 UNIT INFORMATION - 700 & 705 (SINGLE LEVEL UNITS) 701- 704 UNITS (TWO LEVEL UNITS): 700 (1 LEVEL UNIT): 2,142.4 SQ FT NET LIVABLE 701 (2 LEVEL UNIT): 2,170.3 SQ FT NET LIVABLE 702 (2 LEVEL UNIT): 2,810.8 SQ FT NET LIVABLE 703 (2 LEVEL UNIT): 2,170.3 SQ FT NET LIVABLE 704 (2 LEVEL UNIT): 1,820.4 SQ FT NET LIVABLE DECK 704 - 32.2 SQ FT ACTUAL 705 (1 LEVEL UNIT): 1,477.3 SQ FT NET LIVABLE LEVEL 0 & 1 TOTALS FOR UNITS: 12,591.5 SQ FT NET LIVABLE UNIT DECK TOTAL: 32.2 SQ FT ACTUAL LEVEL 2 (UPPER) OVERALL BREAKDOWNS 7,973.7 SQ FT ACTUAL FLOOR AREA 100% SQ FT WALL SURFACE EXPOSED - 100% = 7,937.7 SQ FT FLOOR AREA COMMON STAIR/ UNIT DECK ACCESS: 1,657 SQ FT LEVEL 2 UNIT INFORMATION - 706- 709 & 710 UNITS (ONE LEVEL UNITS): 706: 1.475.3 SQ FT NET LIVABLE DECK 706 - 122 SQ FT ACTUAL 707: 1,475 SQ FT NET LIVABLE DECK 707 - 122 SQ FT ACTUAL 708: 1,475 SQ FT NET LIVABLE DECK 708 - 122 SQ FT 709 & 710: 2,973.6 SQ FT NET LIVABLE DECK 709-710 - 122 SQ FT ACTUAL LEVEL 2 TOTALS FOR UNITS: 7,398.9 SQ FT NET LIVABLE UNIT DECK TOTAL: 488 SQ FT ACTUAL 10.641.7 SQ FT TOTAL NON -PERMEABLE ROOF SURFACE AREA FLOOR AREA SQ FT TOTALS LEVEL 0: 7,785.7 SQ FT BLD NET FLOOR AREA/ 5,037.3 SQ FT FLOOR AREA 0 SQ FT ACTUAL DECKS -STAIRS -ACCESS LEVEL 1: 7,937.7 SQ FT BLD NET FLOOR AREA / 7,797.7 SQ FT FLOOR AREA 12,591.5 SQ FT NET LIVABLE FOR 0 + 1 COMBINED 1,844.9 SQ FT ACTUAL FOR DECKS -STAIRS -ACCESS LEVEL 2: 7,937.7 SQ FT BLD NET FLOOR AREA/ 7,937.7 SQ FT FLOOR AREA 7,398.9 SQ FT NET LIVABLE 2,145 SQ FT ACTUAL FOR DECKS -STAIRS -ACCESS TOTALS 23,661.1 SQ FT NET FLOOR AREA OF 700 BUILDING 20,772.7 SQ FT FLOOR AREA BUILDING + 2,016.3 SQ FT FLOOR AREA OF DECKS COUNTABLE THEREFORE - 22,789 SQ FT FLOOR AREA TOTAL FOR BUILDING 700 19,990.4 SQ FT NET LIVABLE TOTAL DECKS -ACCESS: 3,989.9 SQ FT ACTUAL ALLOWABLE DECK SQ FT FOR PARCEL 4 (BUILDING 700) PARCEL 4: 1 3,1 57 SQ FT FOR FLOOR AREA PURPOSES 1 5% OF 1 3,1 57 = 1,973.6 SQ FT FOR DECKS ALLOWABLE 3,9S9.9 SQ FT ACTUAL, THEREFURE 2,016.3 SQ FT OF DECKS FOR BUILDING 700 COUNTABLE FOR FLOOR AREA 1 U F 1 1 1 1 L� building's third floor. Units 705 through 708 each contain two bedrooms. Combined Unit 709/710 contains three bedrooms. The ground floor of the 700 Building also contain an area located behind the lower level of Unit 701 that is referred to as "Space A" on the building's condomini- um map. As described in the "First Supplement to Condominium Declaration for Aspen Alps South" (see Exhibit 2, Appendix D), Space "A" is a general common element that was reserved for the exclusive use and benefit of the original Declarant. Space "A" is currently configured as a one -bedroom unit. In 2005, COMDEV approved an amendment to the original 700 Building condominium map which permitted the owner of Unit 702 to expand the lower level of the unit into an adjacent storage area. The amended condominium map is attached as Exhibit 3, Appendix D, and the expansion is reflected on the 700 Building drawings. Units 705 through 708 contain less than 1,500 square feet of net livable area. Units 700 through 704 and combined unit 709/710 contain in excess of 1,500 square feet. The 700 Building contains a total floor area of approximately 22,789 square feet including a portion of its decks. Additional development data for Parcel 4 and the 700 Building is provided in Table 5, below. Table 5 DEVELOPMENT DATA Parcel 4 1. Minimum Required Lot Size (Sq. Ft.) 3,000 2. Existing Lot Size (Sq. Ft.) 13,612 3. Minimum Required Lot Width (Feet) 30 4. Existing Lot Width (Feet)' 187.25 5. Existing Lot Area (Sq. Ft. )2 13) 1 For Density Purposes 13,177 For Floor Area Purposes 13,157 6. Maximum Allowed Dwelling Units @ 3,000 4 Sq. Ft. Lot Area/Unit 7. Existing Dwelling Units 10 8. Maximum Allowable Floor Area 13,157 @ 1:1 (Sq. Ft.)' 9. Existing Floor Area (Sq. Ft.) 22,789 700 Building 20,773 Decks' 2,016 10. Maximum Allowable Residential Unit 1,500 Net Livable Area (Sq. Ft.) 11. Existing Residential Unit Net Livable Area (Sq. Ft.) < 1,500 Sq. Ft. (Units) 4 > 1,500 Sq. Ft. (Units) 6 12. Minimum Required Setbacks (Feet) Front Yard 5 Side Yards 5 Rear Yard 5 13. Existing Setbacks (Feet)' Front Yard 8.5 North Side Yard 4.5 South Side Yard 5.5 Rear Yard 13 14. Maximum Allowable Height (Feet) 28 15. Existing Height (Feet)' > 28 16. Minimum Required Parking Spaces 10 @ 1 Space/Unit' 83 I 17. Existing Parking Spaces' 12 1 Measured along the front yard setback line. 2 Calculated pursuant to Sections 26.445.040.B. and 26.575.020.C. See Exhibits 17 and 18, Appendix C. 3 Applies to free market, multi -family housing projects established prior to adoption of Ordinance No. 9, Series of 2005. 4 Fifteen percent of Parcel 4's maximum allowable floor area is exempt from floor area calculations to Section 26.575.020.D.4. pursuant 5 Measured pursuant to Section 26.575.040. 6 Front yard measured from parcel boundary closest to the adjacent right-of-way. ' A roof plan with detailed height measurements will be submitted following the receipt of consolidated PUD approval. 8 Fewer spaces may be approved pursuant to Section 26.515.040.A. ' The parking for the 700 Building is located on the adjacent Parcel 6. Parcel 4 complies with the minimum lot size, lot width, and all but one of the setback requirements of the Lodge zone district. The 700 Building's floor area exceeds the maximum allowed, and all but four of the units exceed the district's maximum allowable net livable area limitation. The building's parking exceeds the minimum required but is located on adjacent Parcel 6. The 700 Building is non- conforming with respect to density as a maximum of four units are permitted on Parcel 4 and ten units are located thereon. Portions of the building also exceed the district's maximum height limitation. E. Parcel 5: Aspen Alps 800 Building The 800 Building consists of three multi -family structures which are connected via partially enclosed stairways. As the following drawings illustrate, / �� ST9U{IIVAY CL W n ' Q � / / C J_ c /* _ I > 11 I Boo BUR.DINc (STRUCTURE A) /\v' W 0 UNIT BO9 LEVEL 1 - SUBGRADE LEVEL 679.7 SQ FT FLOOR AREA I d yr (Level 1 of 3 L � l UnID 1,186.3 3Q FT ACTUAL FLOOR AREA i Q i 0 S SQ FT TOTAL WALL SURFACE AREA Net 3L� FL 7oEx o Qum WFLnoa 1'�eL�D •A�tl •Sl�e6.: sa3m / — C C) - 579.7 SQ FLOOR AREA Q) e!M I r' I rr/ / / 00 08- Cq 7975 -' I I I I I I I j I � � � / // � / � // �// // �' �' � r-- J// Cam` 1 J �c-1 � /� /�" - /'� '//' /�` \♦♦ I I I I I I I I I I I I I / / � / ,/ / O��i / / / '� tC,, / � �_- // �_� � ' � /../ �� ♦ _�� - I I I I I I I I � I I I I I I ( / / % ,/ ,/ // /' // /' /' // / // � �'!�,_ J//� J/�/ � //�^�♦ �♦ � � 1 800 BUILDING: Level 1 Plan - Structure "A" - Aspen Alps ZtA SCALE: 1!8" - 1'-0' .3 = o ❑9tn I ] n 11 444 urface A a Dowcow I 84 S ft Surface Area = ? Sq ft S+:rface Ares 309 Sq ft $urfac, a B ❑ [� 0 (; 0 ® q ,- , 431 xposed 70 Sq Ft Exposed 8>� Sq Ft Exposed 122 Sq Fx d Q 0 243 SCALE:800 BUILDING: Structure "A" Wall Surface Diagrams :West 8r, South Elevations- Aspen Alps 4 A SCALE: 5800 BUILDING: Structure "A" Wall Surface Diagrams: &North Elevations- Aspen Alps � m o 0 e C0 W / ,-- - - 7965 Jpr- ��WAY DtIN IV ,35.4 SQ �T FLOOR 1 OF 2 NET ' 110111 1 D 11 LIVABLE BE C1,186ONDSQLEVBC F'�BLD. FLOOR AREA UNrr 806 FLOOR OF 790 SQ FT NET- // LIVABLE BOO BUILDING (STRUCTURE B) SFr I LEVEL 2 - (SUBGRADE) LEVEL: 1,626.5 SQ FT FLOOR AREA L7 2.590 SQ FT ACTUAL FLOOR AREA 2,020 SQ FT TOTAL WALL SURFACE AREA1,269 SQ FT WALL - / EXPOSURE FLOOR 2 - "B SURFACE2,5 0 SQEXPOSED M ""62.8% / 1 5B Sq Ft wurur - 1,626.5 SQ FT FLOOR AREA ..B' I� (Lave 2 oIT ff 3 Level Urd / //•�/ 1.0111 S, Ft Net / �/ //__-- e®,rww •• UNIT FLOOR I OF 2 "B" SECONO LEVEL r— _ / 1,626.5 SQ FT BLO. FLOOR AREA — J I 800 BLD STRUCTURE B - / `- / / r OHO Qq \\♦ \N. 1 800 BUILDING: Level 2 Plan - Structures "A" & "B" - Aspen Alps 6tB SCALE: 1/8" = V-Cr "All 537 Sq ft Surface Area �214 3 800 BUILDING: Structure "B" Wall Surface Diagrams: West & South Elevations- Aspen Alps 800-8 SCALE: 1/8" = 1'-0" 26 , J M. 0 'MMIRWO G16'r.1"I J 4140 .:1,;. 473 Sq ft Surface Are "DIN 473 Sq Ft Exposed 4 5 800 BUILDING: Structure "B" Wall Surface Diagrams: East & North Elevations- Aspen Alps 800-8)SCALE: 1/8" = V-0' j r, 1 I FA A 1 1 J / TB WAY �'SD� -��2L008LI LEVEL SO FT OCD. FLOOR AREA 136 Sq UNIT 809 (Level 3 of 3 Level Unit) 1,033.1 St! Ft cvice 727 Sp Ft a w r' i // r mut T2L,1+1�4.8 SQ FT BLD. FLOOR AREA �- /�/�1 // 808�LDy STf}UCT�REAr 75.4SgF 800 BLD STRU RE B 00, I I I I I I °� i / /' ' 75 J' r9 // 1800 BUILDING: Level 3 Plan - Structures "A" , t'B" & "C" -Aspen Alps 800-C SCALE: 1/8" = V-0' c O U Op fQ a O Q O 0n Q t a Z (1) �n oQ o _T cUU U Z N � c X m > w Q Q U) O O Q O � o a� ti Q • 00 J Jib INAYD s`ssgFt \ - - - - - - �� 7 / - \ °t«5QFI — UNIT 801 FLOOR 2 OF 2�-- / I ■ ��� 1,040 SQ FT NET CpsUNIT 802 LIVABLE ✓/1� ��/ L� II O FLOOR 2 OF 2 a,.^, �1^ -��- 1,032SQFTNET L-7 I 71 SgFt rvxner LIVABLEri // --- - IQ ECK" / I UNIT 807 111Si; Ft FLOOR 1 OF 2 B " n;^ I655gFt 1,294 SQ UNIT 808 LIVABLE FT NET �— _— J FLOOR 1 OF 2 ----j\ 1,364SQFTNET I __--- j LIVABLE FOURTH LEVEL -FOURTH LEVEL 2,875 SQ FT BLD. FLOOR AREA "B" ^ " 2,237 SQ FT BLD. FLOOR A EA r- -� -- if O 1 I I I I I I I I I I I I I I I � / / � ,/ ,/ /' ,/ /� // // �/ / // � ��/"-- J/ �_� J/'' � �� /' � �♦ 1 800 BUILDING: Level 4 Plan - Structures "B" & T" - Aspen Alps 800.D SCALE: 1/8' = 1'-0' 1 1 17, C ti 1 1 1 1 1 �'STB►� AY D ��—OOBJI r 1� � I ri cm I -705 4 / / / / .' -- __�. , —1 / FIFTH LEVE^ELF I qi — _ _i/ �' 1/'-2,Z84,k- rirr°L6 FLO AREA I I I I 1 I I I / / ^0) L__J I I I I I 1 800 BUILDING: Level 5 Plan - Structures "B" & "C" - Aspen Alps 8tE SCALE: 1 /8' = 1'-W I 1 I f I LI I 1 1 f i 1 t i -5T6I�`MAY j�; �TQWOAYBa �. I / 1 I r? I 1 J Jb d 57-- LEVEL O 9SQy" . �$R \\ „S1 i 1 \ 800 BUILDING: Level 6 Plan - Structure IIC" - Aspen Alps 9D0-F SCALE: 1 /8" = 1'-0' 1 I 1 1 T L 1 i 1 0 / / i / � / / r/ / /� 1 800 BUILDING: Roof Plan- Structures "A", "B" & "C" -Aspen Alps en SCALE: 1/8' = V-X BUILDING 800 - ROOF IMPERMEABLE SURAFCE AREA 8,487 SQ FT SQ FT 1 A ■ MIN�I11■NIH1111 NIIf�I11.M1111I I I_.� I I !I I I I!I I_ II■11■It■III 1 . I. 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IINIMNI■M II�IMNIMI INS■YWNIIBNYt�MN11NN1NNNIN NNNNN ■��.■ one� IIII II I'�■ �■ I I n n II'I■� I I► ►I I nil i■ I I I =- Ixxx1 I.. now � x■ 1.■■■ x� I.xH.I i ■1��•�� r1111111 e�ill�l■�II�1■III■I—IIII�I�■Illullhll■� W III�f�ll=a�i='INlllllajlllllllla �_�i�1111111111�w�a�eIIINIIIIIIjs_I .■■..■■Ile'���w_� ..ol.._.■■.■..1......■. ���■�- -1■�� =_�1■1 :_ 1■1_ :_= :_-■_-1■�IIII■I■IIIIIIIIIII H■a�. s ■I ■ ■iaSl Ili a� Ig ��s? �e a�w: = uilIll,�llM111I�- _=a 1011 E-1-5�so1II10iIip s��f !�_.� ..�■ 13� I,,_T,TM I r 1 ri I 1 1 11 1 Fa" B " 111111111111111d 444 urface ATa BIIC110 1 84 Sq ft Surface Area 431tF Exposed ® 70 Sq Ft Exposed "A" ❑ 537 Sq ft Surface Area w.r r.••p1. ' � 473 Sq ft Surface Are 473 Sq Ft Exposed "p" Dili'�aiiii�:ii�■-iiii�iiii'��:'�iiiiiiii .:. ------- ---, - ;--------------------a--Hsala:j Illflll 11111111 1=•'aalff111111;0: � �a:111111111N•0:= :•:. 21 UNE OF HEIGHT FROM MUM 11111111 1111111111 likes@, 811011151 11smal 1158211•1 •••�l-� "Nonni see A•••• 110665•••M•• i1••6911011••■•••••I 1 800 BUILDING: Existin West Elevation & Surface Diagrams "A" - Aspen Alps 800-I SCALE: 1/8' = V-0' .f 26' LINE OF HEIGHT FROM EXISTING GRADE CONDITIONS �i/!91l4:1Gt' I I I I I I I I I I I I I 11 � 11 I I I I I L-------------------------------------� I I I I L--------------------------- -----L 2 800 BUILDING: Existing East Elevation & Surface Diagrams "B" - Aspen Alps B ' SCALE: 1/8' = V-0' C O CL a d 0 = Q C n. Z am a'CL -o 0z U Z N C K m > LLI O Q a00 D Q O ^C � ^W Q 1 1 1 1 f J Q 1 1 1 1 1 1 1 a 1 1 1 Stair/ Deck Area Net Livable Floor Area 800 BUILDING (STRUCTURE A) LEVEL 1 - (SUBGRADE) LEVEL: 679.7 SQ FT FLOOR AREA 1 ,186.2 SQ FT ACTUAL FLOOR AREA 1,227 SQ FT TOTAL WALL SURFACE AREA 703 SQ FT WALL SURFACE EXPOSED = 57.3% EXPOSURE FLOOR 1 (1 ,1 86.2 SQ FT) = 679.7 SQ FT FLOOR AREA STAIR 49.4 SQ FT 'STRUCTURE A) LIVABLE AREA 1 800 BUILDING: Level 1 Sq Ft & Floor Area Breakdown Diagram - Aspen Alps 800.J SCALE. 1/16' = V-0' 800 BUILDING (STRUCTURE B) LEVEL 2 - (SUBGRADE) LEVEL: 1,626.5 SQ FT FLOOR AREA 2,590 SQ FT ACTUAL FLOOR AREA 2,020 SQ FT TOTAL WALL SURFACE AREA 1,269 SQ FT WALL SURFACE EXPOSED = 62.8% EXPOSURE FLOOR 2 - "B" (2,590 SQ FT) = 1,626.5 SQ FT FLOOR AREA - "B" STAIR 2 1 59 SQ FT SECOND LEVEL 1,186 SQ FT BLD. FLOOR AREA SECOND LEVEL 1,626.5 SQ FT BLD. FLOOR AREA .B. 2', 800 BUILDING: Level 2 Sq Ft & Floor Area Breakdown Diagram - Aspen Alps eoo-J SCALE 1/16" = V-0' 809 54.6 809 DECK 34.4 SQ F THIRD LEVEL 1,046 SQ FT BLD. FLOOR AREA „A" 805 DECK 51.6 SQ FT 806 DECK 51 .6 SQ FT 2,424.8 SQ FT BLD. FLOOR AREA „B" THIRD LEVEL 2,362.7 SQ FT BLD. FLOOR AREA C• STAIR 156 SQ FT 3�, 800 BUILDING: Level 3 Sq Ft & Floor Area Breakdown Diagram -Aspen Alps 800.J SCALE. 1/16' = V-0' 808 DECK 51 .6 SQ FT STAIR 71 SQ FT 807 DECK 51.6 SQ FT STAIR 165 SQ FT FOURTH LEVEL - J V FOURTH LEVEL 2,875 SQ FT BLD. FLOOR AREA "B' 2,237 SQ FT BLD. FLOOR AREA .C., 41800 BUILDING: Level 4 Sq Ft & Floor Area Breakdown Diagram - Aspen Alps 800-J SCALE. 1/16' = V-0' STAIR 803 DECK 79 SQ FT 54 SQ FT 804 DECK 54 SQ FT FIFTH LEVEL 8B6 SQ FT BLD. FLOOR AREA "B" STAIR 184 SQ FT FIFTH LEVEL 2,783.5 SQ FT BLD. FLOOR AREA ,C„ 51800 BUILDING: Level 5 Sq Ft & Floor Area Breakdown Diagram - Aspen Alps 600.J SCALE 1/16' = V-0- UNIT 804 FLOOR 2 OF 2 349 SQ FT NET LIVABLE SIXTH LEVEL - L 808.9 SQ FT BLD. FLOOR AREA ` ICY -------- L- - 6_'� 800 BUILDING: Level 6 Sq Ft & Floor Area Breakdown Diagram - Aspen Alps 800-J SCALE: 1116" = V-0- 800 BUILDING (STRUCTURE A) FLOORS 1, 2 & 3 ' UNIT 809 (3 LEVEL UNIT) 800 BUILDING (STRUCTURE A) LEVEL 1 - (SUBGRADE) LEVEL: 679.7 SQ FT FLOOR AREA 1033.1 SQ FT NET LIVABLE 1 ,1 86.2 SQ FT NET FLOOR AREA 1 ,227 SQ FT TOTAL WALL SURFACE AREA 703 SQ FT WALL SURFACE EXPOSED = 57.3% EXPOSURE FLOOR 1 (1,186.2 SQ FT) = 679.7 SQ FT FLOOR AREA LEVEL 2 - "A": 1 ,186 SQ FT NET FLOOR AREA 1,011 SQ FT NET LIVABLE LEVEL 3 - "A": 1,046 SQ FT NET FLOOR AREA 948 SQ FT NET LIVABLE ' 164.4 SQ FT ACTUAL DECKS "A" (UNIT 809) - (3 TOTAL) TOTAL BUILDING "A" - (UNIT 809) : 3,418.2 SQ FT NET FLOOR AREA - "A" (UNIT 809) ' 2,91 1 .7 SQ FT FLOOR AREA - "A" (UNIT 809) 2,992.1 SQ FT NET LIVABLE AREA - "A" (UNIT 809) 164.4 SQ FT UNIT DECK AREA - "A" (UNIT 809) 800 BUILDING (STRUCTURE FLOORS 2, 3, 4 & 5 UNITS 805, 806, 807 & 808 LEVEL UNITS) 800 BUILDING (STRUCTURE B) LEVEL 2 - (SUBGRADE) LEVEL: 1,626.5 SQ FT FLOOR AREA 1,325.4 SQ FT NET LIVABLE 2,590 SQ FT ACTUAL FLOOR AREA 2,020 SQ FT TOTAL WALL SURFACE AREA 1,269 SQ FT WALL SURFACE EXPOSED = 62.8% EXPOSURE FLOOR 2 - "B" (2,590 SQ FT) = 1,626.5 SQ FT FLOOR AREA - "B" LEVEL 3 - "B": 2,424.8 SQ FT NET FLOOR AREA 2,246 SQ FT NET LIVABLE 103.2 SQ FT UNIT DECK TOTAL LEVEL 4 - "B": 2,875 SQ FT NET FLOOR AREA 2,658 SQ FT NET LIVABLE 103.2 SQ FT UNIT DECK TOTAL LEVEL 5 - "B": 836 SQ FT NET FLOOR AREA 764.5 SQ FT NET LIVABLE TOTAL BUILDING "B" - (UNITS 805-808) (2 8,725.8 SQ FT NET FLOOR AREA - "B" (UNITS 805-808) 7,762.3 SQ FT FLOOR AREA - "B" (UNITS 805-808) 6,993.9 SQ FT NET LIVABLE AREA - "B" (UNITS 805.808) 206.4 SQ FT UNIT DECK AREA - "B" (UNITS 805-808) STRUCTURE "B" UNIT INFORMATION - 805-808 UNITS (2 LEVEL UNITS): 805: 1,695.4 SQ FT NET LIVABLE DECK 805 - 51 .6 SQ FT ACTUAL 806: 1,876 SQ FT NET LIVABLE DECK 806 - 51.6 SQ FT ACTUAL 807: 1.686 SQ FT NET LIVABLE DECK 807 - 51 .6 SQ FT ACTUAL 808: 1,736.5 SQ FT NET LIVABLE DECK 808 - 51 .6 SQ FT ACTUAL ,1 _"� 800 BUILDING: Floor Area & Sq Ft Calculations - Aspen Alps BOL-K SCALE NOT APPLICABLE 800 BUILDING (STRUCTURE FLOORS 3, 4, 5 & 6 UNITS 801, 802, 803 & 804 LEVEL UNITS) 800 BUILDING (STRUCTURE C) LEVEL 3 - "C": 2,362.7 SQ FT NET FLOOR AREA 1,664 SQ FT NET LIVABLE 82 SQ FT UNIT DECK TOTAL LEVEL 4 - "C": 2,237 SQ FT NET FLOOR AREA 2,072 SQ FT NET LIVABLE 107 SQ FT UNIT DECK TOTAL LEVEL 5 - "C": 2,783.5 SQ FT NET FLOOR AREA 2,536.4 SQ FT NET LIVABLE 108 SQ FT UNIT DECK TOTAL LEVEL 6 - "C": 808.9 SQ FT NET FLOOR AREA 732 SQ FT NET LIVABLE TOTAL BUILDING "C" - (UNITS 801-804) : C) (2 8,192.1 SQ FT NET FLOOR AREA - "C" (UNITS 801-804) 8,192.1 SQ FT FLOOR AREA - "C" (UNITS 801-804) 7.004.4 SQ FT NET LIVABLE AREA - "C" (UNITS 801-804) 297 SQ FT UNIT DECK AREA - "C" (UNITS 801-804) STRUCTURE "B" UNIT INFORMATION 801-804 UNITS (2 LEVEL UNITS): 801: 1,898 SQ FT NET LIVABLE DECK 801 - 51 .6 SQ FT ACTUAL 802: 1,838 SQ FT NET LIVABLE DECK 802 - 51.6 SQ FT ACTUAL 803: 1,606 SQ FT NET LIVABLE DECK 803 - 54 SQ FT ACTUAL 804: 1,662.4 SQ FT NET LIVABLE DECK 804 54 SQ FT ACTUAL 800 BUILDING (STRUCTURES A, B, & C) STAIR ACCESS & DECK SQ FT FLOORS 1-6 LEVEL 1 - (SUBGRADE) LEVEL "A": 49.4 SQ FT FLOOR AREA STAIR ACCESS LEVEL 2 - 2ND FLOOR "A" & SUBGRADE "B" 159 SQ FT FLOOR AREA STAIR ACCESS LEVEL 3 - 3RD FLOOR "A", 2ND FLOOR "B" & 1 ST FLOOR "C" 519 SQ FT FLOOR AREA STAIR ACCESS 349.6 SQ FT FLOOR AREA UNIT DECK TOTAL LEVEL 4 - 3RD FLOOR "B" & 2ND FLOOR "C" 449 SQ FT FLOOR AREA STAIR ACCESS 210.2 SQ FT FLOOR AREA UNIT DECK TOTAL LEVEL 5 - 4TH FLOOR "B" & 3RD FLOOR "C" 26:, SQ FT FLOOR AREA STAIR ACCESS 108 SQ FT FLOOR AREA UNIT DECK TOTAL LEVEL 6 - 4TH FLOOR "C" 0 SQ FT FLOOR AREA APPLICABLE FLOOR AREA SQ FT TOTALS LEVEL 1 - SUBGRADE LEVEL "A": 1,186.2 SQ FT NET FLOOR AREA / 679.7 SQ FT FLOOR AREA 49.4 SQ FT ACTUAL DECKS -STAIRS ACCESS LEVEL 2: 2ND LEVEL "A" & SUBGRADE LEVEL "B" 3,776 SQ FT BLD NET FLOOR AREA / 2,81 2.5 SQ FT FLOOR AREA 159 SQ Fr ACTUAL DECKS -STAIRS -ACCESS LEVEL 3: 3RD LEVEL "A", 2ND LEVEL "B", 1 ST LEVEL "C" 5,833.5 SQ FT BLD NET FLOOR AREA/ 5,833.5 SQ FT FLOOR AREA 868.6 SQ FT ACTUAL FOR DECKS -STAIRS -ACCESS LEVEL 4: 3RD LEVEL "B" & 2ND LEVEL "C' 5,112 SQ FT BLD NET FLOOR AREA / 5,112 SQ FT FLOOR AREA 659.2 SQ FT ACTUAL FOR DECKS -STAIRS -ACCESS LEVEL 5: 4TH LEVEL "B" & 3RD LEVEL "C" 3,619.5 SQ FT BLD NET FLOOR AREA / 3,619.5 SQ FT FLOOR AREA 371 SQ FT ACTUAL FOR DECKS -STAIRS -ACCESS LEVEL 6: 4TH LEVEL "C' 808.9 SQ FT BLD NET FLOOR AREA / 808.9 SQ FT FLOOR AREA TOTALS 20,336.1 SQ FT NET FLOOR AREA/ 18,866.1 SQ FT FLOOR AREA PER FAR 16,990.4 SQ FT NET LIVABLE TOTAL DECKS-ACESS: 2,107.2 SQ FT ACTUAL ALLOWABLE DECK SQ FT FOR PARCEL 5 (BUILDING 800) PARCEL 5: 14,503 SQ FT FOR FLOOR AREA PURPOSES 1 5%OF 14,503 = 2,175.45 SQ FT FOR DECKS ALLOWABLE 2,1 07.2 SQ FT ACTUAL, THEREFORE, 0 SQ FT OF DECKS FOR BUILDING 800 COUNTABLE FOR FLOOR AREA 0 t0 O U � a O Q O p�U � J � Q °- z Q U) Lu N Q Q O CC O U Z U mp E5 C X C0 j LLl O Q d0 � O O O a ~ to Q ri I Structure "A" is a three-story building containing a single 3-bedroom unit. Structures "B" and "C" are four-story buildings containing one 3-bedroom unit and one 4-bedroom unit on their first and second floors. The two buildings' third and forth floors each ' contain two 3-bedroom units. All of 800 Building's units exceed the Lodge zone district's maximum allowable net livable area limitation. The units' net livable areas Irange in size from approximately 1,606 square feet to 2,992 square feet. Two amendments to the 800 Building's original condominium map were approved in 1992 and 1993. The 1992 amendment permitted the owners of Units 803, 804, 807 and 808 to enclose existing balconies located adjacent to their respective units. The 1993 amendment permitted the owner of Unit 809 to remodel the unit to include ' various adjacent general common elements. The amended condominium maps are attached as Exhibit 4, Appendix D. The 800 Building contains approximately 18,866 square feet of floor area, excluding its decks which are exempt from floor area ' calculations. Additional development data for Parcel 5 and the 800 Building is provided in Table 6, below. Table 6 DEVELOPMENT DATA Parcel 5 1. Minimum Required Lot Size (Sq. Ft.) 3,000 2. Existing Lot Size (Sq. Ft.) 22,393 ' 3. Minimum Required Lot Width (Feet) 30 ' 4. Existing Lot Width (Feet)' 127.5 5. Existing Lot Area (Sq. Ft.) ' For Density Purposes 13,883 For Floor Area Purposes3 14,503 OLD 6. Maximum Allowed Dwelling Units @ 3,000 4 Sq. Ft. Lot Area/Unit 7. Existing Dwelling Units 9 8. Maximum Allowable Floor Area 14,503 @ 1:1 (Sq. Ft.)' 9. Existing Floor Area (Sq. Ft.) 18,866 10. Maximum Allowable Residential Unit 1,500 Net Livable Area (Sq. Ft.) 11. Existing Residential Unit Net Livable Area (Sq. Ft.) 1,500 Sq. Ft. (Units) 0 > 1,500 Sq. Ft. (Units) 9 12. Minimum Required Setbacks (Feet) Front Yard 5 Side Yards 5 Rear Yard 5 13. Existing Setbacks (Feet)5 Front Yard 55 East Side Yard 13.5 West Side Yard 11.5 Rear Yard 4 14. Maximum Allowable Height (Feet) 28 15. Existing Height (Feet)' > 28 16. Minimum Required Parking Spaces 9 @ 1 Space/Unit' 17. Existing Parking Spaces 6 ' Measured along the front yard setback line. 97 ' 2 Calculated pursuant to Sections 26.445.040.B. and 26.575.020.C. See Exhibits 17 and 18, Appendix C. ' 3 Total reduction in allowable floor area attributable to steep slopes limited to 25 percent. ' 4 Applies to free market, multi -family housing projects established prior to adoption of Ordinance No. 9, Series of 2005. 5 Measured pursuant to Section 26.575.040. 6 A roof plan with detailed height measurements will be submitted following the receipt of consolidated PUD approval. Fewer spaces may be approved pursuant to Section 26.515.040.A. As Table 6 indicates, Parcel 5 complies with the minimum lot size, lot ' but the Lodge district's The 800 width and all one of zone setback requirements. Building, however, is non -conforming with respect to density as its nine units exceed Parcel's 5 maximum allowable density of four dwelling units. The 800 Building is also ' non -conforming with respect to the maximum allowable floor area and all of the units exceed the district's maximum allowable net livable area limitation of 1,500 square feet. Portions the building the height limitation twenty- of also exceeds maximum allowable of eight feet. F. Parcel 7: Winter Building As the following drawings illustrate, the Winter Building consists of a two level, subgrade parking garage with 69 parking spaces and three above grade affordable housing units. The affordable housing units consist of two 2-bedroom units and one 1- bedroom unit. While the units have historically been occupied by Aspen Alps ' employees, the required deed restriction was inadvertently not recorded. The Applicant will prepare and record an appropriate deed restriction memorializing the three affordable ' housing units in connection with the review and approval of this application. The garage .• It \ I I I / I III 32 I \ t \ \ \ \ \ I I I 31 �'--- _ \ \\ \\ \\ I 2t It l � � 20 I 19 I I _ -ter--- \\\ \\\tlt \\ 30 ACCESS TO 1 1 I I t t 1 1 I I I 3 SECONDPLEVEL PARKING I I \\\\♦ \Ili t i i I i i I i i i i � zl i le __- I I I I I 1 1 t l 29 \ I 1 \ I I t 1 1 1 1 1 1 1 I l "w t - - - - - 1 II I I I I I I I I t I �Y/frls, 22 1 17 PARKING 4 1 1 1 -- - - - - -- .lr 1 ' t l I I I I I 1 I 28 I 13,500SgFs pad.eas Stai 11) 1 I 1 ,IqI I I I' 1 1 1 ' 1 / _t III I 11 1 I 1 1 1 w j11 j I j I j j I t 1 t I I I I I 1 I 1 I 27 23 i 16 III I BBgiB11 I I I 1 I r� 5I 1 IIII 1 I I j l t j t 1 j I; I � 1 1 t J/� Ir I I I/ III 11�1 t l l t 1 1 1 1 1 1 till 6 -------- 2,\1 1 15 I I t 1 I I II 126 I I I I 11I 1 j I I I 1 1 1 I t I I t HANICAL 25 14 1 8 • ACCESSIBLE -- t I I--- ` j I�jl 1 1 1 1 1 1 1 t 1I \\ j 13 �I 18 I j l l i l l l 111 ICI I; j I l I ); t; ll I I I I; I \ ' a 1 ; t I;; p I 1 1 t t l l �i ;T�;------------ I I t t I I I I I I I I I \ I t \\ 1 9- ACCESSIBLE t; t I I I I I I I I t l l 1 1 I I 1 \II l 1 1 I I I 1 t l I l t t I \ I 111 t 1 i I I I t 1 t \\ 3,219 Sq Ft LODGE SERVICE 1 i`_----------- I I t 1 1 1 1 t I ' I \ I• t�tl� � 1 t l 1 1 l\ �+� I;\II I\11 RAMP ACCESS O \ FIRST LEVEL PARING \` Ir-- -_- I 1 I I I I I I I I I I \ \ \ IIII 1 10 I 1 I t 1 I t l 1 tt \ \ \\ t 1 t t\ \ \ � I 1 - 1 / I 11 I If �\ ---- lees t I I I �I t \ \ --- --1 111 1 I \ 1 r-- I 1 I 1 I -===r-- ���\ az------- �----�------- --------- r I / l ? L----J RETAININGWALLABOVE ----- - - - -�� `_-------- ,, � / ,/ , / / I 1 11 --------- - I____ _ . --- t ;------------------- - _--------- 7-M ------ ____---',/� - - - - - -------------- __---- ------- -_ - - -- 11 "WINTER BUILDING": PARKING if AFFORDABLE HOUSING/ TENNIS STRUCTURE: Existing First - - Level Plan - Aspen Alps - --------------__- __-- » ---- e ARK• SCALE: 1/8' = V-0' 10", U C co O � ("� C co aIL O IZ C C 19 t C p� Q O N O 7 V2U CM G3 cu C Lu tt-- Q N Q O _CL - Q � C C O Q m u 1 11 Fi 1 n � I 1 1 1 t. � \ \ \ \ \ \_ I L` \ ♦ `� 1\--_---_—_— /\A PARKING 69 \ \ \ \ \ \ \ \ \ I I I 33 - ACCESSIBLE I I 1 \\ \\ \\ \\ I I I I ! I ' 50 j 49 `--__ _ 7g75 I 67 9soosgFt ,RAMP ACCESS TO-'------- SECOND LEVEL PARKING swn . p — \\\ \I\I ( I I I I I 51 48 a I I I I I 66 ___----- 1 I1 I I 1 1 1 1 1 1 1 1 II 1 I I I I 1 1 1 1 1 1 1 1 I I I I I ( I I I I I 65 52 47 34 II 11 I I I 11 11 I __ 411 1 I I 1 1 ' till II 11 11 Iv�1 1 11 I I 1 1 III i j i 1 j I i j i i j I i " II 111 jll 1 1 III 88�I8 II I 1 ( IIII-------��---- 1 64 ,_.., 53 46 II I I II j l l l i I j l j II IIII I I l I 1 1 l i t3 35 1 1 1 J i rl 1' 111rJ l II l I l l / i l 1 1 IIII I I I I I I I I I II I I Ondu•e� Stmndp r it J l I II I I I // .1 11 1 III �\ I � � I J l -- - - - - -- \_ \♦ 11 1 I I I I I I I l 63 54 I 1 45 36 - EMPLOYEE � I \ 1 1 1 1 1 1 I I I I I I I I I I I j I l j I J-11 62 44 37 - EMPLOYEE II IIIII 1 1 1 1 1 11 55 i 1 1 1 1 1 1111 I II -31------------- I I I I I � - I I I I I I I I I 61 56 I 1 43 38 -EMPLOYEE j l g 1 1 I l l l f r III 1 1 11 1 111 I I rill k 1 1 1 I I I 11 I I I I I 1 II I I I I I I \ 1 II I I I I I k` I I I 11=:q---,1-------------- ( I I I I 1 1 1 1 \ I I I I I I I I 1\ I I I I 1 1 I I I I 50 I 39 - EMPLOYEE 1 1 I I j I i II II 1 ge 11/ I11II I I l I l l 1 \ \\ 57 I 42 I ----- Illl -- - - - - -- i i i\ �8w18\\\ 59 40-EMPLOYEERAMP \\\ ACCESS �O j1 j j l \\�uf\\ 58 41 FIRST LEVELPARKINGIBELOW �\ I II 1 1 1 1 \ \\ \ I I I I I I \ \ \ I 7F7 F IIII I I I I \ \ \ \ \ lees I I\ \\ \\ \\ 1 1 \\ \\ \\ w APT. 1 APi. 2 APT. 3 l I I I I l I \ \ \ 1 \ \ \ $r I I I 1 1 \ \ \ \ \ \ \ \ 144 Sq R \ \ 937 Sq Ft 959 Sq Ft 949 Sq Ft II 1 1 1 I 1 I I I 1 \ \ \ \ \ \ \ \ 943 2 Sq Ft Net 775.1 Sq Ft Net e54.4 Sq Ft Net I I 1 \ \\ \ \ \\ \ \\ \ \ Uvable Uva61e uv w. --------- 1 1 1064SgFt I \ \ \\ \\ ♦ \` \\ _ L----� RETAIN)DIGWALL_ --- __ __ 7975 ----- - - - - - - - - - - - - - - - - - _ --------- -- -------- - - - - -- I - ��, I -- - -- - -- -- - ___--- - -- -------- -- 1 "WINTER BUILDING": PARKING / AFFORDABLE HOUSING/ TENNIS STRUCTURE: Existing Second Level Plan - Aspen Alps 7966 -----------+-- ARK- SCALE: 1/8' = 1'-X / 11 t i 1 1 1 1 1 1 1 1 1 1 I 1 1 1 ' ♦ L`� \\ `��� \ 1- - - - - - - - - - - - - - - - - 77 194 Sq Ftffi 93 Sq Ft TENNIS COURTS/ PARKING STRUCTURE ROOF \ \ \ \ \ \ \ \ I I I I I 16,748 3Q Ft Ft I I I (I.Nda 949 Sq Stm-11) I I I I I I II I I I I I I I I I I IIII I I I I I I I 1 1 1 1 IIII I I I I I I I I I I I III I I I I I I I I I I I I I I I I I I I I I �jll I I I I I I I I I 1 1 I IIII I I I I I I I I I I I Illt I I I I I I I I I I I \ III I I I I I I I I I I I \\ IIII I I I I I I I I I I I I III I I I I 1111 ( I I I I I I I I I I (IIII I I I I I I i l l 1 1 III I I I I I \ --IIIIII I I I I I I I I\ I I1111 I I I 1 1 1 1 1 \ I I I I \ \ O ♦_ I I I I I I I I I I \\ \\ \\\ i RAMP ACCESS TO S�COND LEVEL PARKING BELOW I I " \ — — — — — I\\1 \11 11 \I II - - - - - - - - - - - - - All 1^ II I I I 1 1 1 1 / 111 II 1 1 1 11I I I I 11 1 1 11 11 1 1j1------ - 1I II 1 1 I 1 I 1 /l-dll /I JI 1 I I / It _ `----- - - - - - - I I1 ! I /I / ll / ! l ! j I if---7m0 I I I II I I ------------- I/ 1 1 1 1 1 1 1 1 1 1 ! I 1 I I I I I I I 1-------- I I I I I I I I I I 1 11\ II --- 1I I 1 1 1 I I I I 1 it RA" 1 - 111 RAM P ACCESS � O FIRST LEVEL PARKINGIELOW IIIII I I II 11 \\\ \\\ \\ z \ I I I =O I \ a III 1 I I I \ \ \ \ \ \ I \ \\ \ 1 \ \ \\ \\ \\ 12' HIGH TENNIS COURT ENCLOSURE I I I \\ 1\ \ \ ♦♦ ♦ ♦ I t� I \ \ \ \\ ♦ ♦♦ ♦♦ ♦ ` _ 1064 Sq Ft I I I II \ \\ \ ♦ \\ ♦♦ ♦♦ ��� ��� ��-� ��,I _ RETAINl1GWALL_, \ \ \♦ ♦♦ ♦ �\ _ ♦ ♦ ♦ ♦ �� �� - - - - - - - -- - - ♦\ ♦♦ ♦♦ � ��_ -- ��-- ---------- ------- _ 7975 ------ - -- - - - -- -- ------ ------- - - -------------- - 1 "WINTER BUILDING": PARKING / AFFORDABLE HOUSING / TENNIS STRUCTURE: Existing Third Level / Roof Plan with Associated Shed 78�- - - - - - - - - - - ARK- SCALE: 1/8' = 1'-0' \ i 7fm &JI 1 1 I 1 1 L_I_J I L-J I --L-� I I I I I I I -------------------------------------------------------------------------------------- I I I I I I I I I I I L--------------------------------------------------------------------------------------L------ — ----i�lRil• 1 "WINTER BUILDING": PARKING / AFFORDABLE HOUSING / TENNIS STRUCTURE: Existing North Elevation (Ute Avenue) -Aspen Alps ARK- SCALE: 1l8" = V-0" k-2 k-1 2 "WINTER BUILDING": PARKING / AFFORDABLE HOUSING / TENNIS STRUCTURE: Existing North Elevation Wall Surface Exposure Diagram -Aspen Alps ARK- SCALE: 1/8' = V-0" +is!wwM L--------------------- - - - - --------------------------______� --:r ------------------------------------------- F-------------------------------------------------------------------- - - - - - - j ------------ I I I I \ I I I I I I I I T 3 "WINTER BUILDING": PARKING / AFFORDABLE HOUSING / TENNIS STRUCTURE: Existing South Elevation -Aspen Alps ARK- SCALE: 1 /8" = V-0" r-2 i4 "WINTER BUILDING": PARKING / AFFORDABLE HOUSING/ TENNIS STRUCTURE: Existing South Elevation Wall Surface Exposure Diagram -Aspen Alps IZAIKY SCALE: 1/8' = 1'-0" U 7 C CD O � C U Y -0 M Cc a 0- `O Q - O C a C C a) � a to C O� Q O C O U 2 U C C LU � Q 0_ m Q° D m C C O CL Q� CO L- >C_ 1 1 l �l 1 F 1 1 11 "WINTER BUILDING": PARKING / AFFORDABLE HOUSING / TENNIS STRUCTURE: Existing East Elevation (Aspen Alps South Road) -Aspen Alps 1�AIKJ SCALE: 1/8' = V-0' /2� "WINTER BUILDING": PARKING / AFFORDABLE HOUSING / TENNIS STRUCTURE: Existing East Elevation Wall Surface Exposure Diagram -Aspen Alps ItKj SCALE: 1/8' = V-0' —--+eranea*a ------- ----------------------------- I I I I I I ------------ ---1---------------------------------------------------------------------9 �-1�iiR70- I E=� P-� I E_3 I K-� L - - - - - y - - - - - - - - - - - - - - - - - -E = 3 31 "WINTER BUILDING": PARKING / AFFORDABLE HOUSING / TENNIS STRUCTURE: Existing West Elevation -Aspen Alps ARK- SCALE: 1 /8' = V-0' D-2 D-1 4� "WINTER BUILDING": PARKING / AFFORDABLE HOUSING / TENNIS STRUCTURE: Existing West Elevation Wall Surface Exposure Diagram - Aspen Alps ARK- SCALE: 1 /8' = P-0' a fl 1 j 1 PARKING / AFFORDABLE HOUSING / TENNIS: First Level Sq Ft Breakdown Diagrams ARK- SCALE : 1116' = -0" LEVEL 2 - SECOND LEVEL: 5409.26 SQ FT FAR DECK TOTAL IN ACTUAL SQ FT - 1,208 SQ FT 16,241 SQ FT ACTUAL FLOOR AREA Net 6,146 SQ FT TOTAL WALL SURFACE AREA Livable 2,047 SQ FT WALL SURFACE EXPOSED = 33.3% EXPOSURE FLOOR 2 (16,241 SQ FT) = 5,408.3 SQ FT FAR MR Net Leasable DECK 144 SQ FT Lodge PARKING / AFFORDABLE HOUSING/ TENNIS STRUCTURE: Second Level Sq Ft Breakdown Diagrams Service ARK- SCALE : 116' = V-0" /3---, PARKING / AFFORDABLE HOUSING / TENNIS STRUCTURE: Roof / Third Level Sq Ft Breakdown Diagrams LEVEL 1 - FIRST LEVEL: 16,634 SQ FT TOTAL �tKj SCALE: 1116' = 1'-0' PARKING / ACCESS - 13,197 SQ FT MECHANICAL - 219 SQ FT ' LODGE SERVICE - 3,218 SQ FT PARKING STRUCTURE/ LEVEL 2 - SECOND LEVEL: 16,241 SQ FT TOTAL � ' TENNIS COURT - ROOF i PARKING / ACCESS - 13,197 SQ FT IMPERMEABLE SURAFCE AREA DECK / ACCESS - 1064 SQ FT + 144 SQ FT APT 1 (STAIRWELL INCLUDED) STAIRWELL 83 SQ FT HOUSING - 3 APARTMENTS (2,745 SQ FT TOTAL) 16,748 SQ FT APT 1 - 937 SQ FT / 848.2 SQ FT NET LIVABLE APT 2 - 859 SQ FT / 775.1 SQ FT NET LIVABLE SHED APT 3 - 949 SQ FT / 854.4 SQ FT NET LIVABLE 197 SQ FT LEVEL 3 - ROOF/ TENNIS COURTS LEVEL: 17,082 SQ FT TOTAL ROOF / IMPERMEABLE SURFACE AREA 334 SQ SHED - 334 SQ FT ROOF / 197 SQ FT FLOOR COURT ROOF AREA - 16,748 SQ FT SHED STRUCTURE/ ROOF PARKING SPACE SUMMARY: IMPERMEABLE SURAFCE AREA 69 ENCLOSED PARKING SPACES TOTAL 5 EMPLOYEE 3 ADA ACCESSIBLE ALLOWABLE DECK SQ FT FOR THE WINTER BUILDING PARCEL FLOOR AREA = 1 5% OF 26,008 SQ FT, WHICH RESULTS IN 3,901.2 SQ FT ALLOWABLE. THE DECK & ACCESS AREA TOTAL FOR THE WINTER BUILDING IS 1,064 SQ FT, THEREFORE: 0 SQ FT IS COUNTABLE TOWARDS THE FLOOR AREA LEVEL 1 - FIRST LEVEL: 598.8 SQ FT FAR 16,634 SQ FT ACTUAL FLOOR AREA 6,146 SQ FT TOTAL WALL SURFACE AREA 220 SQ FT WALL SURFACE EXPOSED = 3.6% EXPOSURE FLOOR 1 (16,634 SQ FT) = 598.8 SQ FT FAR LEVEL 2 - SECOND LEVEL: 5408.3 SQ FT FAR DECK TOTAL IN ACTUAL SQ FT - 1,208 SQ FT 16,241 SQ FT ACTUAL FLOOR AREA 6,146 SQ FT TOTAL WALL SURFACE AREA 2,047 SQ FT WALL SURFACE EXPOSED = 33.3% EXPOSURE FLOOR 2 0 6,241 SQ FT) = 5,408.3 SQ FT FAR LEVEL 3 - ROOF/COURT LEVEL: 280 SQ FT FLOOR AREA SHED - 197 SQ FT / 197 FAR STAIRWELL - 194 SQ FT / 83 SQ FT FAR = 280 SQ FT FAR TOTAL BUILDING FLOOR AREA: 6,289.1 SQ FT FAR WITH 1,208 SQ FT OF ACTUAL DECK AREA N U 7 C � O � C U Y a 0- o Q— o •C U c c O O ' � a C_(n �C� +_ .� 0 �o 0M m � a) cu c c wr-Q 1n Q m CL Q 0 Q) C C O U) m c 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 also contains the Aspen Alps laundry facility and a maintenance area. Two outdoor tennis courts are located on the garage's roof. The Winter Building's approved floor area was 7,065 square feet. Please note, however, that the building as built contains only 6,289 square feet of floor area. The use of the garage's parking spaces is restricted to Aspen Alps unit owners, their guests, the residents of the affordable housing units, and the Aspen Alps fleet vehicles. To date, an exclusive right to use 52 of the spaces has been granted to various owners in exchange for their payment of a special assessment fee. Five spaces are reserved for the affordable housing units. Development data for Parcel 7 and the Winter Building is provided in Table 7, below. Table 7 DEVELOPMENT DATA Parcel 7 1. Minimum Required Lot Size (Sq. Ft.) 3,000 2. Existing Lot Size (Sq. Ft.)' 35,314 3. Minimum Required Lot Width (Feet) 197 4. Existing Lot Width (Feet)3 197 5. Existing Lot Area (Sq. Ft.)° For Density Purposes 25,427 For Floor Area Purposes 26,008 6. Minimum Required Lot Area/Dwelling Unit (Sq. Ft.) Affordable Housing No Requirement 7. Maximum Allowable Floor Area 7,065 @ 0.20:1 (Sq. Ft.y 8. Existing Floor Area (Sq. Ft.) 6,289 105 9. Exiting Affordable Housing Net Livable Area (Sq. Ft.) Unit 1 2-Bedroom 848 Unit 2 1-Bedroom 775 Unit 3 2-Bedroom 854 10. Minimum Required Setbacks (Feet)' Front Yard 12 East Side Yard 20 West Side Yard 15 Rear Yard 10 11. Existing Setbacks (Feet)' Front Yard 17.5 East Side Yard 14.5 West Side Yard 20 Rear Yard 10 12. Maximum Allowable Height (Feet 28 13. Existing Height (Feet) < 28 14. Minimum Required Parking Spaces2 69 Aspen Alps Condominiums 64 Affordable Housing Units 5 15. Existing Parking Spaces 69 1 Per Improvement Survey Sheet 10. 2 As approved pursuant to Ordinance No. 28, Series of 2001. 3 Measured along the front yard setback line. 4 Calculated pursuant to Sections 26.445.040.B. and 26.575.020.C. See Exhibits 17 and 18, Appendix C. ' Measured pursuant to Section 26.575.040. 106 Parcel 7 and the parking garage located thereon comply with all of the dimensional requirements contained in approval Ordinance No. 28, Series of 2001, with the exception of the building's east side yard setback. A minimum setback of twenty feet was approved. Based on the as -built Improvement Survey, the building's actual east side yard setback measures approximately 14.5 feet. G. Summary The development data contained in preceding Tables 2 through 7 with respect to the Aspen Alps Condominiums' and the Winter Building's existing dwelling units, their bedroom configuration, floor area, net livable area and parking is summarized in Table 8, below. Table 8 DEVELOPMENT DATA SUMMARY Aspen Alps Condominiums and Winter Building 1. Existing Dwelling Units' Aspen Alps Condominiums 100 Building 200 Building 300 Building 400 Building 500 Building 700 Building 800 Building Winter Building 2. Existing Unit/Bedroom Configuration Aspen Alps Condominiums 100 Building 2-Bedroom Units 200 Building 2-Bedroom Units 3-Bedroom Units Fll 73 16 16 7 7 8 10 9 3 16 10 6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 300 Building 2-Bedroom Units 6 3-Bedroom Units 1 400 Building 2-Bedroom Units 5 3-Bedroom Units 2 500 Building Studio Units 1 2-Bedroom Units 3-Bedroom Units 700 Building 2-Bedroom Units 4 3-Bedroom Units 4-Bedroom Units 4 800 Building 3-Bedroom Units 7 4-Bedroom Units 2 Winter Building 1-Bedroom Units 1 2-Bedroom Units 2 3. Existing Floor Area (Sq. Ft.) 128,065 Aspen Alps Condominiums 121,776 100 Building 21,417 200 Building 24,100 300 Building2 11,341 400 Building2 11,616 500 Building2 11,647 700 Building' 22,789 800 Building 18,866 Winter Building 6,289 4. Existing Net Livable Area (Sq. Ft.) Aspen Alps Condominiums 100 Building < 1,500 Sq. Ft. 15 > 1,500 Sq. Ft. 1 t I 1 1 1 1 1 1 1 1 1 200 Building 1,500 Sq. Ft. 12 > 1,500 Sq. Ft. 4 300 Building < 1,500 Sq. Ft. 6 > 1,500 Sq. Ft. 1 400 Building < 1,500 Sq. Ft. 6 > 1,500 Sq. Ft. 1 500 Building < 1,500 Sq. Ft. 7 > 1,500 Sq. Ft. 1 700 Building < 1,500 Sq. Ft. 4 > 1,500 Sq. Ft. 6 800 Building < 1,500 Sq. Ft. 0 > 1,500 Sq. Ft. 9 Winter Building Not Applicable 5. Existing Parking Aspen Alps Condominiums 69 100 Building 16 200 Building 27 300 Building 0 400 Building 0 500 Building 8 700 Building 12 800 Building 6 Winter Building 69 1 Includes the three affordable housing units in the Winter Building. z Includes a pro-rata share of the 300, 400 and 500 Buildings' deck area in excess of the maximum allowed. 109 u 1 s Includes the 700 Building's deck area in excess of the maximum allowed. The status of the seven Aspen Alps buildings and the Winter Building with respect to the non -conforming structure provisions of the Regulations is summarized in Table 9, below. "Yes" denotes conforming, "No" denotes non -conforming. Table 9 NON -CONFORMING STATUS Aspen Alps Condominiums and Winter Building 100 Building 200 Building 300 Building 400 Building Lot Size Yes Yes Yes Yes Lot Width Yes Yes Yes Yes Density No No No No Floor Area Yes Yes Yes Yes Unit Size Yes No No No Setback No Yes Yes Yes Height No No No No Parking No No No No 500 Building 700 Building 800 Building Winter Building Lot Size Yes Yes Yes Yes Lot Width Yes Yes Yes Yes Density No No No Yes Floor Area Yes No No Yes Unit Size No No No --- Setback Yes No No No Height No No Yes Yes Parking No No No Yes 110 1 1 1 CI 1 a As Table 9 illustrates, all of the Aspen Alps Condominium Buildings and the Winter Building are non -conforming with respect to one or more of the L, Lodge zone District's dimensional requirements. Most notably, all of the five parcels containing the Aspen Alps condominium units are non -conforming with respect to allowable density, and two of the condominium buildings located thereon (i.e., the 700 and 800 Buildings) are non -conforming with respect to allowable floor area. In addition, portions of all of the five buildings are believed to be non -conforming with respect to height, and several of the buildings do not meet minimum setback requirements. With the exception of the 100 Building, all of the condominium buildings contain one or more units whose net livable area exceeds the maximum allowed. With respect to parking, Parcels 1, 2 and 4 contain sufficient parking to accommodate their respective unit counts. In each case, however, all or a portion of the parking spaces are provided on adjacent parcels. Parcels 3 and 5 do not meet the Lodge zone district's minimum parking requirement for the buildings located thereon. As discussed previously, the Aspen Alps parking garage on Parcel 7 contains an additional sixty-nine spaces. Fifty-two of these spaces, however, are reserved for the exclusive uses of various unit owners, some of which store vehicles in their spaces when not occupying their units. A draft Final PUD Development Plan for the Aspen Alps Condominiums is provided on the following pages. The plan depicts the seven existing condominium structures and the Winter Building; their respective parcels; and the property's access roads. The proposed PUD's existing dimensional data will be added to the plan following the receipt of consolidated PUD approval. The resulting plan and a PUD agreement memorializing the PUD's dimensional data and conditions of approval will be submitted for review and approval with the Applicant's recordation documents. 111 �I L�..�..�.� PARCEL I PARCELS 8 LOT •� •\ ASPEN ALPS 1 LOT 2A PARCEL 700 BLDG- ••� 6 I PAR I LOT %' ••� 2A 4 I ! ASPEN ASPEN I -. ALPS I i I ASPEN VALLEY SOUTH` I• ALPS '. LAND 300 BLDG\ \ TRUST I " • ••\• PARCEL 3 ASPEN I •\ t ALP$ SOUTH ASPEN VALLEY C L/WDTRUST PARCEL 2 ASPEN ALPS WEST 200 BLDG. ' ASPEN SKI ; COMPANY PARCELS ASPEN ALPS NORTH 800 BLDG. 777 UTE �I CONDOMINIUMS I GOVERNMENT LOT 41, I PARCEL I ASPEN ALPS i 500 BLDG. ASPEN MOUNTAIN ROAD I PARCEL y C9 a GLORY HOLE y CONDOMINIUMS SKY HOTEL � GBYHOLDINGS .` A3p�cN ARCsloo gL 1 UTE •\ i i AVENUE ✓ /; �y� R.O.W. �.� .'� �, �� C9 / GLORY . ` HOLE PARK ,4 ASPNTAIN HALET LLC C LOT 2A SHED BILLINGS PLACE •� •\ , CONDOMINIUMS ASPEN ALP I ••\••\ 400 BLDG. S �\ BLACK SWAN HEIRLOOM p HALL PROPERTIES O ,S Qy a� I I I \ PARCEL; LOT 3 ASPEN CHANCE LOT SUBDMSIONN " / PARCEL 8 LOT •\ ! I \ r MOSES \ •--� " LOT ASPEN CHANCE W SUBDIVISION LOT 5 UTE ADDITION 0 30' 60' 120' SCALE:1'=60' PLAN NORTH mmin LAN OSCA PE ARCHRECTURE LAND PLANNING URBAN DESIGN 311 Mti1Bkw , Ab 1@ CaemdMb DD. um I m96J— REUSE OF DOCUMENT M4 E —t b u. Pr -' N ofm 0� C"o•e rn. Bbvp m ow Gulgn Mco•p t.0 on tAb docwnut b m NaWmwt o/ „e b my eM,r (w nil aMviMb� N N.I 6T VJ Z C Z Z O O Q 0 U Z 0_ O 0 U 0_ ��//�� 0 v^/ H �L p J O Z Z O W VJ PROJECT NUMBER DATE DESGiED: DRAWN: CHECKED: REHsaNS. March, 2013 .IDS DESCMPnON: SKEET nn_E_ FINAL PUD DEVELOPMENT PLAN SKEET NUYffR 80 SHEET OF_ I 1 33f ASPEN SKI\ COMPANY ASPEN VALLEY\ LAND TRUST / i 11 tg• �A a 14' O SPRING STREET PARCEL2 � ♦� ASPEN ALPS WEST 200 BLDG, i J 1 PARCEL 5 _ ' ASPEN ALPS / \ NORTH ♦ 800 BLDG. n � I ING ✓ PARKAREA 14#-0. GRAVEL ROAD— i PARI4NG AREA STEPS r PARCEL8 — — — — — MATCH LINE _SEE SHEET 82 — 1 -" ------------ — ♦ PARCEL2 ASPEN ALPS WEST 200 BLDG. Y� ASPEN ♦ MOUNT/ / CHALET I ♦ i E i 777 UT j CONDOMINIUMS \ GOVERNMENT _,QOT 41 `. � 777 LATE � ? i CONDOMINIUMS �� G AJAX " CONDOMINIUMS �2 GLORY HOLE CONDOMINIUMS 4 l SIEGBY 1 1 HOLDINGS LTD. ASPEN ALPS BUILDING IIADJACENT EXISTING BUILDING / ASPEN ALPS PROPERTY BOUNDARY 0 15 30' 60' SCALE:1'=30' PLAN NORTH mmi LANDSCAPE ARCHRECTURE LANDPLANNNG URBAN DESIGN 311 WAh sheaf, Ada 102 Cntoft aco. elm 1 g7M%3" REUSE OF DOCUMENT il'b ticcum�nt b MA p —Y d aal a�+n cva n. so ar tl�sign /ncorparatetl on Mb Mo�ma+t 4 a+ �n�trvmrlt of pvbvbnal vJa etl M nel d uw0 b m� dA� pofl bwt .mom dnw�s. d m• x.s r� W 2 D Z 2 O 0 Z O U I..L� Q Z 0- Q PRUCT NUkW: DATE DE90NED: DRAWN: CHECKED RUSIONS March, 2013 M DESCRIPIOR SHEET TITLE: FINAL PUD DEVELOPMENT PLAN 81 SHEET_OF_ --------------------7--- r------------- MATCH LINE - SEE SHEET B1 STEPS i -ASPEN VALLE LAND TRUST 1 1 I 1 1 1 1 1 I 1 HEIRLOOM 1 PROPERTIES I� O�� 1 1 I�— I � _ 1 PARIQNG I' AREA �1 I 1 O 1 1 ` 1 � i� 1 1 1 1 I I \ PARCELS 1 / 1 / LOT 2 I / ♦ MOSES ♦ \ ---` -`\ ------ ----- \------ -- -- --- ---- ------------------------------- »UTE AJAX CONDO- 'mmin ♦ ♦ CONDOMINIUMS M N UMS ♦ ASPEN ALPS ` �\ IANDSCAPEARCHRECTURE 5N BLDG. LAND PLANNING URBAN DESrN ♦ ♦ ♦ I I l Mudd CtAAAI@ \♦ \ PARCELS 0 ♦ •\// amm.o.elsa i naluesm LOT 2A \ SHED REUSE OF DOCUMENT ins — 1 • M. W. -Y ad omrc— o 16w— Oa.lq� Mcorporot.! m rM. Convnrl u m F.frumnt of °�iw�w mr o r.Kt .must wllm mrMsfnmlm d OY Oupr foy. v Z C G z O 0 Q U Q J za 0_ Oa 0 U 0_ 0 U) F Q 0 J � ' Q O z z ov 0- Q CHANCE \/ PROJECT NUMBER: DATE \ LOT 3 SUBDIVISION ASPEN CHANCE DESCHM. SUBDIVISION DRANK: CHECKED: � REW9as g March, 2013 1 JDB OESCRIPPDN: 1 ISHEET TIRE 1 FINAL PUD ASPEN ALPS BUILDING DEVELOPMENT 0 15' 30' 60, PLAN ADJACENT EXISTING SCALE: 1'=30' SHEET NUMBER: PLAN NORTH BUILDING ^ ^ / ASPEN ALPS PROPERTY lXJLJ BOUNDARY SHEET OF_ ri IV. REVIEW REQUIREMENTS The existing development is subject to consolidated PUD, subdivision, and special review approval. It should be noted, however, that the majority of the PUD and subdivision review criteria are not applicable as no replacement or redevelopment of the existing Aspen Alps Condominiums is proposed. Each of these review and approval requirements is addressed as follows. A. Consolidated PUD Development Plan The Applicant proposes to utilize the provisions of Chapter 26.445, "Planned Unit Development ", of the Regulations to establish the Aspen Alps Condomini- ums as conforming structures in the L, Lodge zone district. Compliance with the City's ' PUD regulations is also required as a PUD overlay was placed on the entire project site in connection with the replat of Lot 2 of the Moses Lot Split. All parcels of land designated with a PUD overlay are subject to certain general provisions which pertain to permitted land uses and allowable density. Pursuant to Section 26.445.040.A. of the Regulations, the land uses allowed in a PUD are limited to those allowed in the underlying zone district in which the property is located. The Aspen Alps Condominiums on Parcels 1 through 5, and the accessory parking garage on Parcel 7, are permitted uses in the Lodge zone district. The garage's affordable housing units are a conditional use in the underlying zone district as they are not accessory to either a lodging or timeshare operation. Unless otherwise established pursuant to the final PUD development plan, a PUD's maximum allowable density may not exceed that which is permitted in the underlying zone district. Pursuant to Section 26.445.040.B, a reduction in allowable density is required when a PUD contains slopes in excess of 20 percent. Additional 1 115 1 adjustments are required for existing rights -of -way and access easements. The required slope analysis is addressed in Section III.C. of this application. The resulting allowable density on each of Parcels 1 through 5 is addressed in Section IV. 1. General Requirements. Pursuant to Section 26.445.050.A., the proposed development must comply with the following general requirements. a) The proposed development shall be compatible with the mix of development in the immediate vicinity of the parcel in terms of density, height, bulk, and architecture, as well as with any applicable adopted regulatory master plan. No replacement or redevelopment of the existing Aspen Alps Condomini- ums is proposed at this time. Compliance with this review criteria will be determined in connection with any future development application. b) The proposed development shall be consistent with the character of existing land uses in the surrounding area. No replacement or redevelopment of the existing Aspen Alps Condomini- ums is proposed at this time. The existing development, however, is consistent with the character of existing land uses in the surrounding area. Neighboring development consist primarily of multi -family residential complexes including the Ajax, 777 Ute, Black Swan, Ute Trail, Clarendon and Gant condominiums. Additional development in the immediate site area includes the Aspen Chance Subdivision and the Little Nell and Sky Hotels. c) The proposed development shall not adversely affect the future development of the surrounding area. No replacement or redevelopment of the existing Aspen Alps Condomini- ums is proposed at this time. Compliance with this review criteria will be determined in connection with any future development application. 116 d) The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommo- date the proposed development and will be considered prior to, or in combination with, final PUD development plan review. proposed. No GMQS allotments are required as no additional development is 2. Dimensional Requirements. Pursuant to Section 26.445.050.B. of the Regulations, the dimensional requirements for the proposed planned unit development are to be established in conjunction with the approval of the final PUD development plan. While the dimensional requirements of the underlying zone district are to be used as a guide, variations are permitted provided that the proposed development is compatible with surrounding land uses and existing development patterns. As discussed in Section IV of this application, the existing Aspen Alps Condominiums are non -conforming with respect to various dimensional requirements of the Lodge zone district. As a result, the Applicant proposes to vary the applicable requirements so as to conform to the existing dimensional requirements contained in Tables 2 through 7. 3. Site Design. Pursuant to Section 26.445.050.C., the proposed development's site design must comply with the following requirements. a) Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. No replacement or redevelopment of the existing Aspen Alps Condomini- urns is proposed at this time. Compliance with this review criteria will be determined in connection with any future development application. b) Structures have been clustered to appropriately preserve significant open spaces and vistas. 117 r 1 I I 1 it u 1 No replacement or redevelopment of the existing Aspen Alps Condomini- ums is proposed at this time. Compliance with this review criteria will be determined in connection with any future development application. c) Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. No replacement or redevelopment of the existing Aspen Alps Condomini- ums is proposed at this time. Compliance with this review criteria will be determined in connection with any future development application. d) Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. As discussed in the engineering report, South Alps Road is acceptable to the AFPD provided a minimum eighteen foot pavement width is maintained, an adequate emergency vehicle turnaround is provided, and the buildings are equipped with a fire suppression system upon replacement or redevelopment. Aspen Mountain Road is unacceptable as currently configured and will require significant improvements should redevelopment occur. No ability presently exists to address the AFPD's concerns with respect to Aspen Mountain Road given existing building locations and site constraints. e) Adequate pedestrian and handicapped access is provided. No replacement or redevelopment of the existing Aspen Alps Condomini- ums is proposed at this time. Compliance with this review criteria will be determined in connection with any future development application. f) Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. 118 No replacement or redevelopment of the existing Aspen Alps Condomini- ums is proposed at this time. Compliance with this review criteria will be determined in connection with any future development application. Compliance with the City's Urban Runoff Management Plan will be demonstrated at such time as replacement or redevelopment is proposed. g) For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. This requirement is not applicable as the Aspen Alps Condominiums consist entirely of residential and associated accessory uses. 4. Landscape Plan. Pursuant to Section 26.445.050. D. , the proposed development's landscaping must comply with the following requirements. a) The landscape plan exhibits a well designed treatment of l exterior spaces, preserves existing significant vegetation, and provides an ample quantity of ornamental plant species suitable for the Aspen area climate. No replacement or redevelopment of the existing Aspen Alps Condomini- ums is proposed at this time. Compliance with this review criteria will be determined in connection with any future development application. b) Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape are preserved or enhanced in an appropriate manner. No replacement or redevelopment of the existing Aspen Alps Condomini- ums is at this time. Compliance with this review criteria will be determined proposed P in connection with any future development application. c) The proposed method of protecting existing vegetation and other landscape features is appropriate. 1 119 No replacement or redevelopment of the existing Aspen Alps Condomini- ums is proposed at this time. Compliance with this review criteria will be determined in connection with any future development application. 5. Architectural Character. Pursuant to Section 26.445.050.E., the proposed development's architecture must comply with the following requirements. a) Be compatible with or enhance the visual character of the City, appropriately relate to existing and proposed architecture on the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. b) Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less intensive mechanical systems. c) Accommodate the storage and shielding of snow, ice, and water in a safe and appropriate manner that does not require significant mainte- nance. No replacement or redevelopment of the existing Aspen Alps Condomini- a ums is proposed at this time. Compliance with these review criteria will be determined in connection with any future development application. . Lighting. Pursuant to Section 26.445.050.F. the 6� proposed P Posed development's exterior lighting must comply with the following requirements. a) All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. All exterior lighting shall be in compliance with the Outdoor bl 9 9 P Lighting Standards unless otherwise approved and noted in the final PUD documents. Up -lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. 1 120 Cl 1 1 i] 1 I I No replacement or redevelopment of the existing Aspen Alps Condomini- ums is proposed at this time. Compliance with these review criteria will be determined in connection with any future development application. 7. Common Park, Open Space or Recreation Area. Pursuant to Section 26.445.050.G. of the Regulations, the proposed development must comply with the following requirements in the event common park, open space, or recreation areas are proposed. a) The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and users of the PUD. b) A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. c) There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against further residential, commercial, or industrial development. No replacement or redevelopment of the existing Aspen Alps Condomini- ums is proposed at this time. Compliance with these review criteria will be determined in connection with any future development application. 8. Utilities and Public Facilities. Pursuant to Section 26.445.050.H. , the proposed development's utilities and public facilities must comply with the following requirements. a) Adequate public infrastructure facilities exist to accommodate the development. 121 1 I As discussed previously, all required public infrastructure is presently available in the immediate site area. Various utility upgrades and drainage improvements may be required in connection with the replacement or redevelopment of the existing Aspen Alps Condominiums. No replacement or redevelopment, however, is proposed at this time. Compliance with this review criteria will be determined in connection with any future development application. b) Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. All costs associated with improvements to the public infrastructure that are required as a result of any future replacement or redevelopment of the Aspen Alps Condominiums will be borne by the Applicant unless participation by neighboring property owners in such costs is determined to be appropriate. c) Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. All utility improvements to be undertaken in connection with any replacement or redevelopment of the existing Aspen Alps Condominiums will be sized in accordance with the applicable requirements of the respective utility companies. 9. Access and Circulation. Pursuant to Section 26.445.050.I., the proposed development must comply with the following access requirements. a) Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. iThe existing Aspen Alps Condominiums and the Winter Building all have adequate access to a public street or a private road. 1 122 b) The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. No replacement or redevelopment of the existing Aspen Alps Condomini- ums is proposed at this time. Compliance with this review criteria will be determined in connection with any future development application. c) Areas of historic pedestrian or recreational trail use, improve- ments of, or connections to, the bicycle and pedestrian trail system, and public access to public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. No replacement or redevelopment of the existing Aspen Alps Condomini- ums is proposed at this time. Compliance with this review criteria will be determined in connection with any future development application. d) The recommendations of adopted specific regulatory master plans, as applicable, regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. No replacement or redevelopment of the existing Aspen Alps Condomini- ums is proposed at this time. Compliance with this review criteria will be determined in connection with any future development application. e) Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. No replacement or redevelopment of the existing Aspen Alps Condomini- ums is proposed at this time. Compliance with this review criteria will be determined in connection with any future development application. f) Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. 123 No replacement or redevelopment of the existing Aspen Alps Condomini- ums is proposed at this time. Compliance with this review criteria will be determined in connection with any future development application. 10. Phasing of Development. Pursuant to Section 26.445.050.J., the phasing plan must comply with the following requirements if phasing is proposed. a) All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. b) The phasing plan describes physical areas insulating, to the extent practical, occupation of initial phases from the construction of later phases. c) The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees - in -lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. No replacement or redevelopment of the existing Aspen Alps Condomini- ums is proposed at this time. Compliance with these review criteria will be determined in connection with any future development application. B. Subdivision Pursuant to Section 26.104.100 of the Regulations, land which is to be used for condominiums, apartments or any other multiple dwelling units is by definition a subdivision. As the project site contains condominiumized, multi -family dwelling units, and the Applicant proposes to memorialize Parcels 1 through 8 as subdivided lots in a subdivision plat to be recorded with the final PUD development plan, subdivision review pursuant to Section 26.480.040.C. is required. The various review criteria, and the parcels' compliance therewith, are summarized below. 124 1. General Requirements. Pursuant to Section 26.480.050.A., the proposed development must comply with the following general requirements. r a) The proposed development shall be compatible with the mix of development in the immediate vicinity of the parcel in terms of density, height, bulk, and architecture, as well as any applicable adopted regulatory master plan. Compliance with this criteria is also required in connection with conceptual PUD review and is addressed in Section V.A.1.a) of this application. b) The proposed development shall be consistent with the character of existing land uses in the surrounding area. Compliance with this criteria is also required in connection with conceptual PUD review and is addressed in Section V.A.1.b) of this application. c) The proposed subdivision shall not adversely affect the future development of surrounding areas. Compliance with this criteria is also required in connection with conceptual PUD review and is addressed in Section V.A.1.c) of this application. d) The proposed subdivision shall be in compliance with all applicable requirements of this title. The Applicant proposes to establish the existing Aspen Alps Condomini- ums as conforming structures via the PUD review process which permits variations in the underlying zone district's dimensional requirements. The structure's existing dimensional characteristics are contained in Tables 2 through 7 of this application. 2. Suitability of Land for Subdivision. The proposed development must comply with the following requirements. a) The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, 125 mudf low, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. No replacement or redevelopment of the existing Aspen Alps Condomini- ums is proposed at this time. Compliance with this review criteria will be determined in connection with any future development application. b) The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. No replacement or redevelopment of the existing Aspen Alps Condomini- ums is proposed at this time. Compliance with this review criteria will be determined in connection with any future development application. 3. Improvements. Pursuant to Section 26.480.050.C., the proposed development must provide the various subdivision improvements set forth in Section 26.580.020 of the Regulations. As no replacement or redevelopment of the existing Aspen Alps Condominiums is proposed at this time, compliance with the subdivision improvement requirements of Section 26.580.020 will be addressed in connection with any future development application. I C. Special Review As discussed in Section III.D. of this application, South Alps Road and the portion of Aspen Mountain Road accessing the project site do not comply with various requirements of Section 26.580, "Engineering Department Standards " of the Regulations. In addition, the existing 6-inch water main in South Alps Road is smaller in diameter than that required. The Applicant requests special review approval to retain both the 1 existing access roads as presently configured, and the existing water main in South Alps 1 126 1 Road, until such time as replacement or redevelopment of the Aspen Alps Condominiums is proposed. The ability to vary the standards contained in Section 26.580 is specifically provided for in Section 26.480.050. C. The specific review criteria, and the proposed request to vary the standards in question, are addressed below. 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with an applicable adopted regulatory plan, Title 28 of the municipal code, the existing, neighboring development areas and/or the goals of the community. The Aspen Alps Condominiums and their associated infrastructure were constructed in the late 1960s and the early 1970s, and prior to the City's adoption of subdivision regulations and the engineering standards in question. No reasonable ability exists to bring the project site's access roads into compliance at this time give existing building locations and site constraints. The existing water main in South Aspen Road will continue to provide adequate domestic water for the various structures that it presently serves until such time as replacement or redevelopment occurs, and the installation of fire suppression systems is required. As the replacement or redevelopment of the Aspen Alps Condominiums will require compliance with Section 26.580, the requested variations can be viewed as temporary in nature, and are required solely for purposes of memorializing the Aspen Alps Condominiums' existing infrastructure in connection with the receipt of subdivision approval. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. The requested variations are identified in Section III.D. of this application and summarized above. The inability to comply with the applicable standards at this time are discussed in the Sopris Engineering, LLC engineering report attached hereto as Exhibit 19, Appendix C. 127 ID. Vested Rights In order to preserve the land use approvals that may be obtained as a result of this application, The Applicant hereby requests vested property rights status pursuant to the provisions of Section 26.308.010 of the regulations. It is our understanding that approval of this application must be granted by City Council ordinance and that a ' development order must be issued by the Community Development Department with ' respect thereto. It is also our understanding that no specific submission requirements or review standards other than a public hearing are required to confer such status. 128 � I :l 1 fl EXhibii i -2. RFC e'V4'-' APR 1 2 City OFyENT THE ASPEN ALPS PUD/SUBDIVISION APPLICATION APPENDIX 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TABLE OF CONTENTS Section Page APPENDIX A. Exhibit 1, Pre -Application Conference 1 Summary Exhibit 2, Letter from Thomas J. Todd, 3 Esq. re: Parcel Ownership and Permission to Apply Exhibit 3, Permission to Represent 7 Exhibit 4, Land Use Application Form 8 Exhibit 5, Dimensional Requirements 9 Form Exhibit 6, Application Fee Agreement 10 Exhibit 7, List of Property Owners 11 Within 300 Feet B. Exhibit 1, Cunningham and Corcoran 23 Affidavits C. Exhibit 1, Memorandum from Mark Beckler 27 re: Aspen Alps Parcels Exhibit 2, Ute Avenue Closure Agreement 33 Exhibit 3, Condominium Map of Aspen Alps 36 Exhibit 4, Aspen Alps 100 Building 41 Parking Agreement Exhibit 5, Skegby Holdings, Ltd. License 49 Agreement Exhibit 6, Condominium Map for Aspen 55 Alps West 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TABLE OF CONTENTS Section Page APPENDIX (cont'd.) Exhibit 7, Aspen Alps 200 Building 60 Parking Agreement Exhibit 8, Condominium Map of Aspen 63 Alps South Exhibit 9, First Supplement to Condominium 67 Map of Aspen Alps South Exhibit 10, Condominium Map of Aspen 70 Alps North Exhibit 11, Replat of Lot 2 of the Moses 72 Lot Split Exhibit 12, Lot 2 Moses Lot Split 73 Subdivision Agreement Exhibit 13, City Council Ordinance No. 31, 79 Series of 1992 Exhibit 14, City Council Ordinance No. 28, 84 Series of 2001 Exhibit 15, Final PUD Plat for Parcel 7 91 Garage/Affordable Housing Exhibit 16, PUD/Subdivision Agreement for 98 Parcel 7 Garage/Affordable Housing Exhibit 17, Sopris Engineering Slope 107 Analysis Maps Exhibit 18, Slope Reduction Calculations 115 Exhibit 19, Sopris Engineering Report 123 TABLE OF CONTENTS Section APPENDIX (cont'd.) D. Exhibit 1, 200 Building Amended Condominium Maps Exhibit 2, First Supplement to Aspen Alps South Condominium Declaration Exhibit 3, Second Supplement to Condominium Map of Aspen Alps South Exhibit 4, 800 Building Amended Condominium Maps Page 140 145 151 153 1 Ll APPENDIX A EXHIBIT CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Jessica Garrow, 429-2780 DATE: September 25, 2012 PROJECT: Aspen Alps PUD Update: 3.5.2013 REPRESENTATIVE: Sunny Vann, Vann Associates, 925.6958 DESCRIPTION: The Applicant is interested in establishing an updated PUD for the entire Aspen Alps development. The project was originally built in the 1960s and is zoned Lodge (L) PUD. There is no approved PUD plan, however, and the applicant is interested in fully documenting and memorializing the existing development, and to address utility issues. The applicant is interested in a subdivision approval to memorialize the existing lot lines and easement that encumber the property. No new development is proposed as part of this application. As such, Staff believes this can be handled as a consolidated PUD. The intent is to document the existing conditions. Because this is an existing development, some of the subdivision standards related to Engineering requirements are not achievable, requiring a Special Review. Finally, while no changes are proposed, the applicant may be interested in future changes. These could trigger Multi -family 'replacement requirements. The applicant has indicated that no permanent working resident of Pitkin County has lived in these units. Staff recommends the applicant document this as part of this application so it is better memorialized for the future. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.430.040.F Special Review, Subdivision Design Standards 26.445 PUD, Consolidated 26.480 Subdivision 26.580 Engineering Department Regulations http://www.aspenpitkin.com/depts/38/citycode.cfm Review by: • Staff for complete application Planning and Zoning Commission for recommendation on PUD and Subdivision • City County for PUD and Subdivision approval PlanningFees: Planning Deposit — Two Ste Subdivision 7 800 for 24 hours 9 P P ($ ) Referral Fees: Parks Department - $1,300 Engineering Department - $265 Total Deposit: $9,365 (additional planning hours over deposit amount are billed at a rate of $325/hour; additional engineering hours over deposit are billed at a rate of $265/hour) To apply, submit the following information: ❑ Proof of ownership with payment. ❑ Signed fee agreement. ❑ Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ❑ Total deposit for review of the application. ❑ 30 Copies of the complete application packet and maps; 2 large set of drawings. ❑ An 8 112" by 11" vicinity map locating the parcel within the City of Aspen. ❑ Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. r(This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) ❑ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. ❑ Copies of prior approvals. ❑ Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD) -preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. ❑ Applicants are advised that building plans will be required to meet the International Building Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application ' submittal addresses these building -related and accessibility regulations. You may contact the Building Department at 920-5090 for additional information. 'Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary ' does not create a legal or vested right. 1 le 1 1 1 HOLLAND &HART THE LAW OUT WEST April 10, 2013 Ms. Jessica Garrow Community Development Office City of Aspen 130 S. Galena Aspen, Colorado 81611 EXHIBIT Thomas 3. Todd 2 ttodd@hollandhart.co Re: Aspen Alps Condominium Association —Application for Consolidated Planned Unit Development Approval I Dear Jessica: Holland & Hart represents the Aspen Alps Condominium Association and we have been ' requested to provide you with this letter as part of the above referenced Application, the purpose of which is to establish the Aspen Alps condominium buildings as conforming structures in the Lodge Zone District. As part of this process, we are also utilizing the City's subdivision iregulations to recognize as subdivided lots the parcels of land on which these buildings are located. Background Information By way of background, the Aspen Alps consists of 77 condominium units originally shown and described in four separate sets of condominium maps and declarations, with four corresponding condominium associations, all of which are governed by one set of non-profit corporate by-laws (the "Aspen Alps By -Laws") which names Aspen Alps Condominium Association (the "Association") as the management entity for purposes of administering the condominium property. As described in greater detail below, four of the original 77 mapped condominium units have been combined and/or connected with adjoining condominium units, resulting in a total of 73 actual dwelling units. The four condominium associations, their building numbers and original as well as actual unit counts are described as follows: • Aspen Alps Condominium Association, aka the "original" Aspen Alps (Covers 100 Building; 16 Units) ' Holland&Hart LLv Phone [970] 925-3476 Fax [970] 925-9367 www.hollandhart.com 600 East Main Street Suite 104 Aspen, CO 81611 Aspen Billings Boise Boulder Carson Cly Cheyenne Colorado Springs Denver Denver Tech Center Jackson Hole Las Vegas Reno Salt lake City Santa Fe Washington, D.0 r, 1 [l u HOLLAND&HART PRI T H E LAW OUT WEST Ms. Jessica Garrow Community Development Office April 10, 2013 Page 2 Aspen Alps West Condominium Association (Covers 200 Building; originally included 17 Units. Two units (units 202 and 211) have been combined/connected, for a current total of 16 Units) Aspen Alps South Condominium Association (Covers 300, 400, 500 and 700 Buildings; originally included 35 Units. Two units in the 300 Building (units 302 and 306), two units in the 400 Building (units 404 and 408) and two units in the 700 Building (units 709 and 710) have been combined/connected, for a current total of 32 Units) • Aspen Alps North Condominium (Covers 800 Building; 9 Units) With respect to the four "pairs" of condominiums referenced above that have been combined and/or connected into four (4) larger dwelling units, please note that no condominium maps or declarations were amended to convert these combined/connected units into single units for purposes of property tax assessments or for common expense or Association voting allocations. Based on the foregoing, there are 77 legally defined, described and mapped condominium units in the Aspen Alps that are separately taxed and assessed. The Aspen Alps Condominium Association also manages and has a reciprocal common area amenities use arrangement with the 777 Ute-At-The-Aspen Alps Condominiums, located at 777 Ute Avenue ("777 Ute"), which consists of 8 Units, constructed in 1992. Although 777 Ute is deemed to be a component and integral part of the Aspen Alps, as fully for all intents and purposes as the four Aspen Alps condominium associations described above, it is not a part of this land use application. This is due to the fact that when 777 Ute was incorporated into the Aspen Alps, it was recognized that 777 Ute was new construction, and the other Aspen Alps buildings were more aged, and it was agreed that 777 Ute would not be responsible for the costs of maintenance or repair, deferred or otherwise, of the other Aspen Alps buildings, including the infrastructure thereof, any systems incorporated therein or the facade thereof, except for those portions of the Aspen Alps buildings that comprise the common area amenities, and the necessary support systems thereof. To the extent any supplement or modification to this Application or any subsequent application contemplates specific approvals for maintenance or repairs to the common area amenities, then 777 Ute will be involved in that process. Disclosure of Ownership r LJ 1 L r� J HOLLAND&HART THE LAW OUT W E S T Ms. Jessica Garrow Community Development Office April 10, 2013 Page 3 The Aspen Alps condominium buildings, common elements and non-condominiumized land holdings of the Aspen Alps are hereinafter referred to collectively as the "Project". The Improvement Survey for the Project shows eight (8) parcels of land that are included in the Application. The ownership of these parcels is as follows: Parcel Common Name Owner Number 1 100 Building Aspen Alps Condominium Association 2 200 Building Aspen Alps West Condominium Association 3 300, 400, 500 Buildings Aspen Alps South Condominium Association 4 700 Building Aspen Alps South Condominium Association 5 800 Building Aspen Alps North Condominium Association 6 Vacant Land, aka Lot 2A Moses Replat Aspen Alps Condominium Association 7 Winter Building, aka Aspen Alps Parking Aspen Alps Condominium and Affordable Housing Development Association (fka Lot 213, Moses Replat) 8 Vacant Land Aspen Alps Condominium Association Association's Authority to Apply for this Application The Aspen Alps By -Laws and condominium declarations authorize the Association, acting through its Board of Managers, to exercise broad powers to manage the Property, including the power to act as attorney -in -fact for all unit owners in the event of obsolescence, and to assess and levy special assessments for capital planning efforts as well as for capital repairs and improvements. Based on the foregoing, the Board, at a duly called meeting, approved the submission of this Application with the City of Aspen in an effort to bring the Project into compliance with City of Aspen land use and subdivision regulations. This approval specifically authorized the HOLLAND &HART Ms. Jessica Garrow Community Development Office April 10, 2013 ' Page 4 Association's corporate officers to engage Weston Capital Corporation and Vann Associates to, among other things, apply for and pursue a Consolidated PUD Approval for the Property. It should be noted that under Colorado law as well as the various Aspen Alps condominium declarations, certain levels of building modifications and redevelopment activities affecting a specific building or group of buildings will be subject to approval by an affirmative vote of no less that 66.67% of all unit owners within a given building or buildings. This supermajority approval requirement also applies to amendments to condominium maps or declarations as well as transfers, sales or modifications to general common elements designated as such under the condominium maps and declarations. If and when these conditions exist, before proceeding, the Association will be required to obtain the appropriate voting approvals from those unit owners affected by such a plan or plans. L� Sincerely, omas J. Todd of Holland & Hart LLP Icc: Aspen Alps Condominium Association TJT/sm Enclosures 5792750_6 I u fl 1 EXHIBIT a 8 Aspen Alps :March 11, 2013 Ms. Jessica Garrow Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Garrow: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our application for consolidated PUD/subdivision approval and such other land use approvals as may be required for the Aspen Alps Condominiums which are located at 700 Ute Avenue in the City of Aspen. 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 I can be of any further assistance, please do not hesitate to call. Yours truly, ASPEN ALPS CONDOMINIUM ASSOCIATION / v11-2 / Peter Belsky, Secretary Board of Managers d: \o1dc\bus\city.Itr\Itr58112.jg1 700 Ute Avenue, Aspen, Colorado 81611 (800) 228-7820 Fax (970) 920-2528 Info@aspenalps.com www.aspenalps.com Recipient of the 2005 and 2006 Greentree Award for Environmental Stewardship, Aspen ZGREEN Business U ITY OF ASPEN COMMUNITY DEVELOPMI N1' L)EPA IM1 NC ... http://www.aspenpitKm.com/ForLais/u/aoc uity/uoinaeWAPPS Mai re... ' EXHIBIT ATTACHMENT 2 -LAND USE APPLICATION LOJECT: Name: fll e� Location: / e--S725vim. Cia (Indicate street address, lot & bloclK number, le al escrition where appropriate) Parcel ID # (REQUIRED) Z / 5430¢ '4Z45=0 Gels ?/ate F If APPLICANT: Name: Address: Phone #: REPRESENTATIVE: Name-. Address: Phone #: TYPE of APPLICArton: (please check all that apply): 1 1 f-1 1 ❑ GMQS Exemption Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment Final PUD (& PUD Amendment) ❑ Text/Map Amendment Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Marg4 Hallam Lake Bluff coudomiuiumiLatiou) Amrrrdnreut) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other-. ❑ Conditional Use EMsTLNG CoNDMONS: (description of existing buildings, uses previous approvals etc.) PROPOSAL: (description of proposed buildings, uses, modifications, etc_) Have you attached the following? FEES DuE: S c-Application Conference Sunuuary Ettachment #1, Signed Fee Agreement FV_ esponse to Attachment #3, Dimensional Requirements Form Q Respouse to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. i 45 If 14 3/18/2013 11:10 AN I I Y Ur ASPEN UUMMUNI I Y llhVhLUYMhN I U YAK1MhN 1 ... ntTp:uwww.aspenpitKin.convrortais/U/uuCS/l.]Ly/l.umueV/IAPPS auu rc... EXHIBIT ATTACHMENT 3 i DIMENSIONAL REQUIREMENTS FORM 1 7 Lj 1 I 1 fLl 1 J 11 Project: Applicant: Location: Zone District: Lot Size: Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced tar areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed. - Number of residential units: Existing: Proposed. - Number of bedrooms: Existing: Proposed. - Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed: Principal bldg. height: Existing: Allowable.: Proposed: Access. bldg. height: Existing. Allowable: Proposed. - On -Site parking: Existing: Required. Proposed % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed Rear Setback: Existing: Required: Proposed: Combined F/R: Existing: Required: Proposed: Side Setback: Existing. Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required -Proposed.- Distance Between Existing Required: Proposed: Buildings Existing non -conformities or encroachments: Variations requested: �f 14 3/18/2013 11:10 AN n 1 Agreement to Pay Application Fees An aareement between the City of Aspen (-uity ) ana Property Aspen Alps Condominium Association phone No.: (970) 544-6900 Owner ("I"): Email: Address of 700 Ute Avenue Billing Aspen Alps Condominium Association Property: Aspen, CO Address: Go John Corcoran (subject of p (send bills here) 700 Ute Avenue application) Aspen, CO 81611 I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $1,300 flat fee for Parks $ 0 flat fee for Select Dept $ 0 flat fee for Select Dept $ 0 flat fee for Select Review For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 7,800 deposit for 24 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ 265 deposit for 1 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. I City of Aspen: Chris Bendon Community Development Director City use: 9365 Fees Due: $ Received: $ Property Owner: �l Name: Peter Belsky, Secretary Aspen Alps Condominium Association I /o eEXHIBIT asy reeler Labels i G Bend along line to � � .�f Use Avery® Template 5160® Feed Paper expose Pop-up EdgeTI" 1001 UTE AVE HOA 17 UTE PLACE LLC 247 ENTERPRISE LLC 1001 UTE AVE PO BOX 1860 49 BELLEVUE PL ASPEN, CO 8161'1 BENTONVILLE, AR 72712 SEA BRIGHT, NJ 07760 283 ASPEN LLC 679534 ONTARIO LTD 774302 ONTARIO LTD 4809 COLE AVE #347 130 ADELAIDE ST W #3302 7 SONATA CRESCENT ' DALLAS, TX 75205 TORONTO ONTARIO TORONTO ONTARIO CANADA M3132C3, CANADA M5H3P5, 81611 INVESTMENTS LLC 851 UTE AVENUE A LLC ABRAHAM LISE L TRUST C/O J VALERIO 2810 REVERE ST 2500 BAYSHORE DR PO BOX 1376 HOUSTON, TX 77098 NEWPORT BEACH, CA 92663 ,ASPEN, CO 81612 AGER REALTY LLC AGUA FRIA PROPERTIES LLC AJAX INVESTMENTS LLC 2800 ISLAND BLVD #2305 460 ST MICHAELS DR BLDG 300 730 E DURANT AVE ADVENTURA, FL 33160 SANTA FE, NM 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CUNNINGHAM CONCERNING ASPEN ALPS WORKFORCE HOUSING 1, PAMELA M. CUNNINGHAM, being of sound mind and being duly sworn under oath, hereby declare and state that the following statements are true to the best of my knowledge and belief: 1. I am a resident of the County of Pitkin and the City of Aspen, having ' lived in Pitkin County since 1967 and in Aspen since 1981. My current residence is 502 Midland Park Place, Aspen, Colorado 81611. ' 2. During the years from 1969 through 2008, I was a full time employee of the Aspen Alps Condominium Association, Inc. (the "Association"). From 1981 through 1989, 1 was the Association's Assistant General Manager, and from 1989 through 2008, I was the Association's General Manager. 3. The Association serves as the on -site managing agent for all the condominium units that comprise the Aspen Alps property. These managing agent duties include but are not limited to managing short term rental reservations and providing property management services for those ' Aspen Alps condominium unit owners who offer their condominiums for rent in the Associations rental program. 4. As part of my job duties for the Association, I oversaw the condominium unit rental program reservations and property management activities, and became familiar with the demographics of the members of the general public who rented Aspen Alps condominium units through the Associations rental program. ' 5. Except for the one-time rental of a condominium unit to an employee of the City of Aspen described in Paragraph 6 of this Affidavit, and except for occasional temporary usage by in-house employees described in Paragraph 7 of this affidavit, at no time during my employment with the Association was I aware of the Association renting Aspen Alps condominium units to a "working resident" as that term is used and described in Section 26.470.070(5) of the City of Aspen Land Use Code and the guidelines of the Aspen/Pitkin County Housing Authority (`-APCHA"). 6. The exception to the statement made in Paragraph 5 above relates to a one-time rental of an Aspen Alps condominium unit to the City Manager of the City of Aspen for a period of approximately six (6) weeks in 2007. 7. The in-house employee temporary usage referenced in Paragraph 5 above relates to the Association providing occasional temporary overnight housing accommodations to Association employees who were new to the Aspen area. Under the terms of these arrangements, the Association allowed employees to temporarily occupy condominium units while they looked for their rental housing. The length of stay under these arrangements varied from a few days to a few weeks, with the longest lasting for a period of less than sixty (60) days. 8. The statements contained in this Affidavit pertain to my personal knowledge of and experiences with the Association's short term rental management practices. 1 do not possess first hand knowledge of rental arrangements that individual Aspen Alps condominium unit owners may have entered into directly with their guests or tenants who did not rent through the Association's rental program. IN WITNESS WHEREOF, I have hereunto set my hand this _.� day of March, 2013. Pamela M. Cunningham STATE OF COLORADO ) 1 ss. COUNTY OF PITKIN The foregoing instrument was acknowledged before me this day of March, 2013 by Pamela M. Cunningham. Witness my hand and official seal. ' My commission expires:��c�r� ' SUSANNA MILLER 1�2m') oL NOTARY PUBLIC tWtary Public STATE OF COLORADO ' My 60-m-mission Expires 05/20/2016 6U114'Q 6 ' 9d ' AFFIDAVIT OF JOHN CORCORAN CONCERNING ASPEN ALPS WORKFORCE HOUSING I, JOHN CORCORAN, being of sound mind and being duly sworn under oath, hereby declare and state that the following statements are true to the best of my knowledge and belief: 1. I am a resident of Pitkin County, having lived here since 1988. My current residence is 0036 Davidson Lane, Snowmass, Colorado 81654. 2. Since 2008, I have been employed as a full time employee of the Aspen Alps Condominium Association, Inc. (the "Association"), serving as the ' Association's General Manager. 3. The Association serves as the on -site managing agent for all the ' condominium units that comprise the Aspen Alps property. These managing agent duties include but are not limited to managing short term rental reservations and providing property management services for those ' Aspen Alps condominium unit owners who offer their condominiums for rent in the Association's rental program. 4. As part of my job duties for the Association, I oversee the condominium unit rental program reservations and property management activities, and am familiar with the demographics of the members of the general public twho rent Aspen Alps condominium units through the Association's rental program. ' 5. At no time during my employment with the Association have I been aware of the Association renting Aspen Alps condominium units to a "working resident" as that term is used and described in Section 26.470.070(5) of ' the City of Aspen Land Use Code and the guidelines of the Aspen/Pitkin County Housing Authority ("APCHA"). ' 6. The statements contained in this Affidavit pertain to my personal knowledge of and experiences with the Association's short term rental ' management practices. I do not possess first hand knowledge of rental arrangements that individual Aspen Alps condominium unit owners may have entered into directly with their guests or tenants who do not rent ' through the Association's rental program. � 2s IN WITNESS WHEREOF, I have hereunto set m' h nd fib 20th d of March, 2013. John,C`otco an STATE OFCOLORADO ) � ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this ,)6 day of , 2013 by John Corcoran. Witness my hand and official seal. My commission expires: / Notary DANIEL'Q. D€WOLFE NOTARY PUBLIC STATE OF COLORADO NOTARY ID #19944006941 My COMMIlsslon Expires May 25, 2014 6011470_5 APPENDIX C F1 b EXHIBIT 7 1 I� To: Sunny Vann cc: Tom Todd; James DeFrancia From: Mark Beckler Date: February 21, 2013 Re: Aspen Alps, SE Project No. 12009.01 �(Jn,l��gl uA''.;; slit c:� ,� This memorandum outlines my findings and conclusions regarding whether or not the Aspen Alps development is comprised of individual parcels or should be perceived as a single parcel condominium regime. 1 have reviewed and analyzed the acquisition and platting documents for the Aspen Alps development with regard to applicable state statutes and land use codes. In particular, 1 cite C.R.S. 30-28-101, which is the state statute resulting from the adoption of Colorado Senate Bill No. 35 in May of 1972 concerning County planning and subdivision regulation. This Bill and subsequent Statute basically states that if a property was split up into smaller parcels and sold prior to May 1972, it will be recognized as a "legal" subdivision; after that, a parcel would need to be created through a subdivision plat map or a subdivision exemption map to be considered a "legal" parcel of land. My findings are presented below on a parcel by parcel basis. PARCEL 1 Current Property Description: 1 Building 100, Aspen Alps, according to the Condominium Declaration for Aspen Alps recorded December 11, 1963 in Book 205 at Page 145, as amended, and according to the Condominium Map recorded January 8, 1964 in Plat Book 2a at Page 308, County of Pitkin, State of Colorado 1 Acquiring/Parenting Deeds: 1962 fi•om Lester A. Luhnow to George P. Mitchell and H.A. Bornefeld, Jr. (Bk. 200 Pg. 84) ' any and all interest in those portions of Ute Ave. and S. Spring Street vacated by the city council of the city of Aspen 1963 from City of Aspen to H.A. Bornefeld, Jr. and George P. Mitchell (Bk. 201 Pg. 367) 1 lots 34-39, Ute Subdivision (1897 plat Rec. 960225) and tract of land between S. line of Block 107 cmd N. line of Ute Addition 1 Conclusion: Legally created individual Lot based on: 1 • Not contiguous with other Aspen Alps properties/condominiums; • Development situated on previously subdivided Ute Addition/Subdivision lots and Rights -of Way; • Acquired from entities not associated with other Aspen Alps parcel acquisitions, • Originally Platted in 1963, prior to State Subdivision Statute (C.R.S. 30-28-101) PARCI L 2 1 Current Property Description: Building 200, Aspen Alps West, according to the Condominium Declaration for Aspen Alps West recorded March ' 15, 1965 in Book 212 at Page 83, as amended, and according to the Condominium Map Recorded March 17, 1965 in Plat Book 3 at Page 26, Amendment No. 1 Recorded February 25, 1992 in Plat Book 28 at Page 69, Second 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 SopoisENGINEERING e LLC civil consultants 1 77 7-7 I LJ 1 Supplemental Condominium Map Recorded July 26, 2002 in Plat Book 61 at Page 40, Third Supplemental Condominium Map Recorded October 12, 2010 in Plat Book 94 At Page 90, County of Pitkin, State of Colorado Acquiring/Parenting Deeds: 1963 from Aspen Skiing Corporation to George P. Mitchell (Bk. 201 Pg. 309) all of Lots 18, 19 and 20 of The Ute Addition To The Townsite of Aspen (1897 Rec. #60 2 25) Conclusion: Legally created individual Lot based on: • Bounded by Ute Avenue and Townsite Boundary; • Development situated on previously subdivided Ute Subdivision lots; • Acquired from entities not associated with other Aspen Alps parcel acquisitions; • Originally Platted in 1965, prior to State Subdivision Statute (C.R.S. 30-28-101) PARCEL 3 Current Property Description: Building 300, 400 and 500, Aspen Alps South Condominiums, according to the Condominium Declaration for Aspen Alps South Recorded December 1, 1965 in Book 217 at Page 189, and The First Supplement Recorded January 6, 1969 in Book 238 at Page 804, and according to The Condominium Map Recorded December 10, 1965 in Plat Book 3 at Page 54, and First Supplement Recorded December 10, 1969 in Plat Book 3 at Page 373, Second Supplement Recorded April 14, 2005 under Reception No. 508992, County of Pitkin, State of Colorado Parcel includes a portion of Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6th Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded in Plat Book 36 at Page 94). Acquiring/Parenting Deeds: 1964 From Kenneth N.C.B. Moore and Betty Moore To George P. Mitchell (Bk. 206 Pg. 360) all of the lauds described in Bk. 193 Pg. 595 excepting lots 11, 12 and 13 Ute Addition and excepting Lot 34 of Section 18; and all of the lands described in Bk. 188 Pg. 598 excepting a tract of land Bk. 199 Pg. 353 (Ajax Condo); and further excepting Bk. 215 Pg. 360 and Bk. 215 Pg. 580 (Corr. Deed); and further excepting Bk. 206 Pg. 262, Bk 206 Pg. 264; and further excepting a portion of Lot 38 of Section 18. 1965 From Kenneth N.C.B. Moore and Betty Moore To George P. Mitchell (Bk. 213 Pg. 493) and Re -Recorded (Bk. 214 Pg. 27) Metes and bounds description without all the exceptions 1965 From George P. Mitchell To H.A. Bornefeld (Bk. 216 Pg. 460) 213 interest in Bk. 214 Pg. 27, except Aspen Alps South in Bk. 216 Pg. 452) 1965 From H.A. Bornefeld, Jr. and George P. Mitchell To Aspen Alps Club, inc. (Bk. 216 Pg. 452) Aspen .41ps South together with 20' Easement 1 Conclusion: 1 Legally created individual Lot based on: • Originally Platted in 1965, prior to State Subdivision Statute (C.R.S. 30-28-101) Page 2 of 6 2a Acquired fiom entities not associated with other Aspen Alps Condominium parcel acquisitions besides 700 Building Replat of Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat of the George P. Mitchell and H. A. Bornefeld, Jr. Property recorded as Plat Book 29 at Page 65 signed by the City of Aspen excepts Aspen Alps South Condominiums (300, 400 and 500 Buildings) lands from platted development and created subdivision lots surrounding said lands PARCEL 4 ' Property Description: 11 r, J I� Building 700, Aspen Alps South Condominiums, according to the Condominium Declaration for Aspen Alps South recorded December 1, 1965 in Book 217 at Page 189, and The First Supplement Recorded January 6, 1969 in Book 238 at Page 804, and according to the Condominium Map recorded December 10, 1965 in Plat Book 3 at Page 54, and First Supplement Recorded December 10, 1969 in Plat Book 3 at Page 373, Second Supplement recorded April 14, 2005 under Reception No. 508992, County of Pitkin, State of Colorado Parcel includes a portion of Government Lot 42, Section 18, Township 10 South, Range 84 West of the 6th Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded at Plat Book 36 at Page 94). Acquiring/Parenting Deeds: 1964 From Kenneth N.C.B. Moore and Betty Moore To George P. Mitchell (Bk. 206 Pg. 360) all of the lands described in Bk 193 Pg. 595 excepting Lots 11, 12 and 13 Ute Addition and excepting Lot 3.1 of Section 18; and all of the lands described in Bk. 188 Pg. 598 excepting a tract of land Bk. 199 Pg. 353 (Ajar Condo); and further excepting Bk. 215 Pg. 360 and Bk. 215 Pg. 580 (Corr. Deed); and further excepting Bk. 206 Pg. 262, Bk. 206 Pg. 264; and further excepting a portion of Lot 38 of Section 18. 1965 From Kenneth N.C.B. Moore and Betty Moore To George P. Mitchell (Bk. 213 Pg. 493) and Re -Recorded (Bk. 214 Pg. 27) Metes and bounds description without all the exceptions 1965 From George P. Mitchell To H.A. Bomefeld (Bk. 216 Pg. 460) 213 interest in Bk. 214 Pg. 27, except Aspen Alps South in Bk. 216 Pg. 452) 1968 From George P. Mitchell and H.A. Bomefeld To Aspen Construction Corp (Bk. 235 Pg. 538) 700 Building Description + 20' wide Road Easement (To 300, 400, 500) and 18' wide Road Easement (To 700 Bld), except portion of Little Nell Lode (Road Easement) Conclusion: Legally created individual Lot based on: • Originally Platted in 1965, prior to State Subdivision Statute (C.R.S. 30-28-101) • Acquired from entities not associated with other Aspen Alps Condominium parcel acquisitions besides 300,400 and 500 Building Parcel • Replat of Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat of the George P. Mitchell and H. A. Bomefeld, Jr. Property recorded as Plat Book 29 at Page 65 signed by the City of Aspen excepts Aspen Alps South Condominiums (700 Building) lands from platted development and created subdivision lots surrounding said lands Page 3 of 6 29 I PARCEL 5 Property Description: Building 800, Aspen Alps North Condominiums, according to The Condominium Declaration For Aspen Alps North recorded January 31, 1973 in Book 271 at Page 967, and the Amendment recorded June 4, 1973 in Book 276 at Page 393, and Agreement to Amend Condominium Declaration for Aspen Alps North Condominiums recorded October 19, 1993 in Book 727 at Page 437, and Agreement to Amend Condominium Declaration for Aspen Alps North Condominiums recorded October 19, 1993 in Book 727 at Page 457, and according to The Condominium Map recorded January 31, 1973 in Plat Book 4 at Page 353, and First Supplemental Condominium Map recorded October 19, 1993 in Plat Book 32 at Page 87, and Second Supplemental Condominium Map recorded October 19, 1993 in Plat Book 32 at Page 88, County of Pitkin, State of Colorado Acquiring/Parenting Deeds: ' 1967 From James C. Blanning, Jr. To John F. Coughenour, Jr. (Bk. 231 Pg. 307) Metes and bounds oAspen Alps North and Parcel 8 (Conunou Space) 1971 From John F. Coughenour, Jr. To Nepsa Alps, inc. (Bk. 253 Pg. 511) ' Metes attd bounds of Aspen Alps North and Parcel 8 (Connnon Space 1972 From Nepsa Alps, inc. To Little Nell Alps, A Joint Venture Consisting of Nepsa Alps inc. and Aspen Construction Corp (Bk. 265 Pg. 173) ' Conclusion: LJ Legally created individual Lot based on: • Traced record Parcel description back to 1967, Parcel existed prior to State Subdivision Statute (C.R.S. 30- 28-101) Acquired from entities not associated with other Aspen Alps acquisitions 1 PARCEL 6 r LI Property Description: Lot 2a, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat of the George P. Mitchell and H. A. Bornefeld, Jr. Property, according to The Plat Thereof recorded September 3, 1992 under Reception No. 348317, County of Pitkin, State of Colorado. Parcel includes Government Lot 42, Section 18, Township 10 South, Range 84 West of the 6th Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, Per Bureau of Land Management Supplemental Plat, Dated 1995, recorded in Plat Book 36 at Page 94). Acquiring/Parenting Deeds: 1964 From Kenneth N.C.B. Moore and Betty Moore To George P. Mitchell (Bk. 206 Pg. 360) all of the lands described in Bk. 193 Pg..595 Excepting Lots 11, 12 and 13 Ute Addition wid excepting Lot 34 of Section 18; and all of the lands described in Bk. 188 Pg..i98 excepting a tract of laud Bk. 199 Pg. 353 (Ajax Condo); and f rrther excepting Bk. 215 Pg. 360 and A 215 Pg. 580 (Corr. Deed); and further excepting A 206 Pg. 262, Bk. 206 Pg. 264; and further excepting A Portion of Lot 38 of Section 18. 1965 From Kenneth N.C.B. Moore and Betty Moore To George P. Mitchell (Bk. 213 Pg. 493) and Re -Recorded (Bk. 214 Pg. 27) Metes and bowids description without all the exceptions Page 4 of 6 0e 1 1965 From George P. Mitchell To H.A. Bornefeld (Bk. 216 Pg. 460) 213 interest in Bk. 214 Pg. 27, except Aspen Alps South in Bk. 216 Pg. 452) 1964 From Kenneth N.C.B. Moore and Betty Moore To George P. Mitchell (Bk. 207 Pg. 290) Right To Purchase Lot 34 of'Section 18 1964 From Kenneth N.C.B. Moore and Betty Moore To Colorado Rocky Mountain School (Bk. 207 Pg. 314) Lot 34 of Section 18, Subject To Right of First Refusal (Bk. 207 Pg. 290) 1968 From Colorado Rocky Mountain School, inc. To George P. Mitchell (Bk. 234 Pg. 518, Rec. #130870) Lot 34 of Section 18 1974 From James C. Blanning, Jr. To George P. Mitchell and H.A. Bornefeld, Jr. (Bk. 288 Pg. 899) Aletes and bounds description for a portion of Little Nell Lode (Northeasterly 70 Conclusion: Legally Subdivided individual Lot based on: • Replat of Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat of the George P. Mitchell and H. A. Bornefeld, Jr. Property recorded as Plat Book 29 at Page 65 signed by the City of Aspen created Lot 2a as part of a legal City of Aspen subdivision process ' PARCLL 7 Property Description: Lot 2b, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat of the George P. Mitchell and H. A. Bornefeld, Jr. Property, according to The Plat Thereof recorded September 3, 1992 Under Reception No. 348317, County of Pitkin, State of Colorado. Acquiring/Parenting Deeds: 1964 From Kenneth N.C.B. Moore and Betty Moore To George P. Mitchell (Bk. 206 Pg. 360) all of the lands described in Bk. 193 Pg. 595 excepting Lots 11, 12 and 13 Ute Addition and excepting Lot 34 of Section 18; and all of the lands described in Bk 188 Pg. 598 excepting a tract of land Bk. 199 Pg. 353 (Ajax Condo); and f n•ther excepting Bk 215 Pg. 360 and Bk. 215 Pg. 580 (Corr. Deed); and further excepting Bk. 206 Pg. 262, Bk. 206 Pg. 264; and further excepting A Portion of Lot 38 of Section 18. 1965 From Kenneth N.C.B. Moore and Betty Moore To George P. Mitchell (Bk. 213 Pg. 493) and Re -Recorded (Bk. 214 Pg. 27) Metes and bounds description without all the exceptions 1965 From George P. Mitchell To H.A. Bornefeld (Bk. 216 Pg. 460) 213 interest in Bk. 214 Pg. 27, Except Aspen Alps South in Bk. 216 Pg. 452) ' Conclusion: 1 Legally Subdivided individual Lot based on: • Replat of Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat of the George P. Mitchell and H. A. Bornefeld, Jr. Property recorded as Plat Book 29 at Page 65 signed by the City of Aspen created Lot 2b as part of a legal City of Aspen subdivision process Page 5 of 6 1 PARCEL 8 Property Description: A Tract of Land Situated in The West One -Half of The Northwest One -Quarter of Section 18, T'o\N nship 10 South, Range 84 West of The 6th P.M., County of Pitkin, State of Colorado, Described As Follows: Beginning At The Most Southwesterly Corner of That Tract of Land Shown On The Condominium Map of Aspen Alps North Recorded in Plat Book 4 At Page 353, From Whence Corner No. 9 of Aspen Townsite Bears North 10°06'00" East 239.97 Feet and North 39°57'22" West 403.50 Feet; Thence Along The Southerly Line of Said Tract of Land South 79°05'00" East 35.72 Feet; Thence South 20'15'00" East 11.00 Feet; Thence South 03°30'00" East 12.50 Feet To Line 5-6 of The M&Y Lode, United States Mineral Survey No. 3921; Thence Along Line 5-6 of Said M&Y Lode South 44°59'00" West 67.87 Feet To Line 3-4 of The Millionaire Lode, United State Mineral Survey No. 3620a; Thence Along Line 3-4 of Said Millionaire Lode North 04°30'00" East 55.20 Feet To Corner No. 4 of Said Millionaire Lode; Thence North 10°06'00" East 22.97 Feet To The Point of Beginning. Acquiring/Parenting Deeds: 1991 Affidavit and Quit Claim Deed from George C. Houston to A.C. Houston Lumber Company Details George C. Houston record 1967acquisition deed 1993 From A.C. Houston Lumber Company to Aspen Alps Condominium Association (Bk. 706 Pg. 929) Conclusion: Legally created individual Lot based on: Traced record Parcel description back to 1967, Parcel existed prior to State Subdivision Statute (C.R.S. 30- 28-101) Acquired from entities not associated with other Aspen Alps acquisitions It is my professional opinion based on the above outlined conclusions that the eight Parcels described above are all individual legally created or subdivided ParceWLot. Please feel free to give me a call if you would like to discuss any aspect of the above referenced documents or my conclusion reasoning. Page 6 of 6 0-92 1 1 1 1 1 1 1 1 1 1 1- 1 1 Reception W. P.ecorded at 12:49P11 December 12, 1979 Loretta &NMEP RECORDEQ20133 AGREE t1ENT 3Su w 46 t THIS AGREEMEW, made and entered into this day of 1972, by and between the CITY Or ASPEN, a Colorad Municipal corporation, (hereinafter sometimes referred to as "City"), and the ASPEN ALPS CONDOMINIUM ASSOCIATION, a Colorado corporation, (hereinafter sometimes referred to as "Association"); 4lHEREAS, the Association has requested the City to close a portion of Ute Avenue to vehicular traffic in order that the Association may construct a pedestrian mall within the closed portion of Ute Avenue as hereinafter described. AND WHEREAS, the City of Aspen reviewed the plans for the mailed area and finds that the closing of that portion of Ute Avenue hereinefter.described and the construction.of a mailed area within said street for the benefit of the public. WITNESSETH: NOW, THEREFORE, for good and valuable consideration, the parties hereto agree as follows: 1. The Association hereby agrees to construct, land- scape and maintain the mailed area in accordance with the plans attached her:ato, which mailed area shall be open to the public and shall provide for access by emergency vehicles as well as a pedestrian path, all at the expense of the Association. 2. The City agrees that it shall close that portion of Ute Avenue to vehicular traffic as described on attached Exhibit "B", providing that at all times said closed street shall be available to the public. 3. It is further understood and agreed that in the event that loot No. 21 is conveyed to the City by the Association, the City shall pay and be responsible for the construction of the cul-de-sac west of the closed portion of Ute Avenue; provided hrnaever, that the Association shall be responsible for the main- tenance of the landscaped area within the dul-de-sac. 4. It is further understood and agreed that the Association Shall save the City harmless from any and all claims for personal injury and property dawape occurrin.- within the mailed area. ,IN WITNESS WHEREOF, the parties hereto have hereunto EXHIBIT G/� f 1 1 1 1� 1 1 1 , 1 1 1 1 1 1 1, - their hands and seals the day end year first above written ...... . ... .. ......... CITY OF..ASPEN, a Colorado Municipal" Corporation ATTEST.f. JX2, -4 -By6i ASPEN ALPS CONDOMINIUM ASSOCIATION; a C010fadO Corporation - President C r, P- I C .-aid I Of c• M43$U fAU41)3 EXHIB11 "d" DESCRIPTION OF UTE AVENUE CLOSED rOR PEDESTRIAN IMJ L Beginnin& at the Southeasterly corner of Lot 349 Ute 4 Subdivision, City of Aspen, County of Pitkin, State of Colorado; • 4 thence Southwesterly along a line being the projection of the i Westerly right of dray line of Original Street a distance of • 21.00 feet; thence Northwesterly along a line parallel to the Northerly right of way line of Ute Avenue a distance of 52,50 g ;. feet; thence Southwesterly a distance of 40,00 feet more or less to a point on the Southerly right'of way line of Ute Avenue; • thence Northwesterly 129,00 feet along said Southerly right of way to a point; thence Northeasterly a distance of 70,50 feet more or less to a point on the Northerly right of way line of Ute Avenue; thence Easterly along said Northerly right of way line a distance of 223.00•feet'or less to the point of beginning. mr 1 O I 1 1 1 1 1 1 1 1 1 1 1 1 0 MAP OF /\5PEN L\LPS 5HE.ET 3 OF S LEGEND st-OLSI—za sutraRT COLusi ah-xaft* Loc ATLD AT LROOr KITc RLN C—TLK L-D LS IC NATLA LYTRANCL DOOR TD LACR AIARTMLNT Org LSIGRATLA ALIOING DOOR M DA LCO NY Nu w p LRO IR CIKCLL! DLSI GNATL TNL AtA R:MCNT LNIT RRM pC RD CLLAR s►AR LIYLAK DIYLN.OIONs DL—LLAI ►LRIMLTLR WALLS Or LACR AIARTMLNT As SHOWN ARL RLGRLAR. CO NKTANT, ANO uN1 IORM. D ALLON ISS ANC TB -A-& A94Ai1 A% iNOVN. Aaa L.INTKO CeWILON aLYM+Ti. �'rAIKVA.Yi AKS iillaaAL rd./.eN aL.iwRr.n,. STATL Or COLCIRADO) COu NTT Or PITKIN ) SS Ace L►TLD FOR FILING tN TRL Orrs L, Or TwG CLLRK AUD RLce.o LR or IrRIu GouwrY COLORADO AT//'J.f o•cLecK gM Tu., 8f� DAY nr a.a. io��. /✓/yJ���"/ {yp� L/��LL���J CLKIa PwD RL6o ROL�I FI R5T FLOOR PLAtJ4-f=0' 1 1 1 1 1 1 1 1 1 1 ;of - MAP OF ASPEN ALPS SHE ET 4 OF 5 LEGEND -D8.41{MATO SUPPO QT COLUMN Y/c'�5x' tOc�TeD LUD oP clTculH CLVYTe ¢. G-D[SI{N{TC1 aNTQ 4Nu Doe¢ Tc 6�cM 4P�¢TN{NT -D[ai[N{Ta! iLl D�N6 DOC¢ TG 84�ceNY IA NUN C6L5 IM CIRC CGS D6916w cT! iY! wP4QTMGNT UNT NUY![C c LzA i►AN L1Ma&K BCTVAEEN .—H ArARTMEWT AS GwdW N L:.L ct.—". CONSTANT, ! VNIPO[M. CALLONY MALK AND 17N—^Y5 A2P GCNceAL ca.tirCry E'_c 4.EtN TS •4LCONY4, M 91bvN, A¢! I.iM�TGD connoN !Ld /�oN> STATG a c—orA.. ) CovwTY of PITIVN ) at' ACCerTaO r— FILING IN 7113 OrFlc■ OP rila CLeQr AND Q RDfz Or PIT KIN emu NT AD 1�15� w''L CeLOQe pZ1G.e'c LocK�}1 o_ �- Zgv=v,'� SECOND FLOOR PU%N-�14C NK [ FoINT WIN "INT 5ELOND EA.9T ELEVATI0N}l-1f-d WEST ELEVATION V—P--O' MAP OF HETE 5 oFAsPS OF AQEAWEI.L 5EG WEST [LRV.— CRIUNG HEISNIB VZRT L 0-14SO-S OF WF S DOTIOV OF STOOLS ACR TNL 'AMR A5 FLOOR E L6VATON9. HOEIZq NTAL D�MCNSIDN9 A¢6 SNOWN ON FLOOR PLAN. 30y .-r. R.�wc-- n[l. •. 1cae�L � ;:m7v Fw tr�_ DIME_V510N ARE S,4cwx UMFINISOED6 AMC ROOR3. --m CC ATI OF CEI N NLINA IZ CEI LINO fl 15 01E2 SYGOND fTOQY LIVING-DININR QOOMi G RI L.IN4 �[ OVC¢ e1RCOND STORY aw aoom fj CEI LINES IS 0-96COND 97ORT DeD ROO w5f2 IN AIA¢TMRwTI ♦g TN[OUGNf1G XNNRs �14S2 AwO OVCR 9RGOND 9T0[Y 6RDRO0 Ngf'. IN APARTN6w T8f9,F12,f 1llfif CCILINR f} If OVER SE GO NO BTOQT sATX6�Cl,N1LL6,KR uN AND STORAG! ROO NG IN APA¢T�i�T9 fl THROVaN 016 AMD OVG0. RYGDND STO QY S.D¢OCmsol NS�I iN AFA[TMCNTs [ID, RII, ♦14,fIS. C[ILINR •5 IS OVRM1 FILRT Sm Ry BATH5,CWS6TS,KRGN eNS�XAl15, AXO 5'iORA.GC ReO Ng. CEILING /G 19 OVER. FIQ6T ]TORT LIVING -DINING RDDMg,-0 ALL FIC9T g —y 5— tom Y cuuNR STATE OF GOLORADO ) GOUNTYOF PI TK\N ) SS Ac C GP TED FOR FILING IN THE OFFICE OF TNQ GLERk AND Recop[DER OF ITKIN COUNTY, CDLORAOO AT1LY-C—LRCka K4 TNtsm D^y a LI F LJ 7 L EASEMENT AGREEMENT THIS AGREEMENT is made and entered into this 1st day of April, 1976 by and between BURTON L. GORDON and ELAINE L. GORDON, RICHARD A. OLLEN and WILLIS M. PARTRIDGE, JR., as Trustees, MassCo. Investment Trust, under Declaration of Trust dated December 18, i 1972, DAIVD KRAOMISH, SAMUEL C. SILVERSTEIN and JO ANN SILVERSTEIN, LAWRENCE ZAROFF, MAX J. PINCUS and LOIS PINCUS, KENT W. SHODEEN and JOAN G. SHODEEN, DEAN EMERSON, JR., JANE KINGSTON BLACI:, DON M. SIMECHECK, ERNEST S. BURCH, Trustee under Agreement with Lena A. Burch dated October 29, 1958, for the benefit of Elsie L. Burch, LOUIS MARCUS, A & L RANCH, a partnership, VERNON COLPITTS and GAIL HANSEN, and GENE VAN DYKE (hereinafter referred to as "Grantors"), and HANS B. CANTRUP (hereinafter referred to as "Grantee"). I RECITALS WHEREAS, Grantors are all of the fee simple absolute owners of record of the Condominium Units comprising the Aspen Alps, according to the Condominium Map appearing in Plat Book 2A at Page 304, Pitkin County, Colorado, records and as defined and described in the Condominium Declaration for Aspen Alps recorded in Book 205 at Page 145 of said records (hereinafter sometimes referred to as the "Alps"); and WHEREAS, Grantee is the owner of The Glory Hole Lodge described with greater particularity in Exhibit A, attached hereto and incorporated herein by this reference (hereinafter sometimes referred to as the "Lodge"); and WHEREAS, Grantors and Grantee desire to enter into this Easement Agreement in order to provide for the harmonious use of their respective properties for it is the intention of Grantee, in consideration_ of the easement grant provided for herein, EXHIBIT ME as shown on said Exhibit C. Further, in connection with this work., Grantor shall provide for the proper drainage of the Easement Parcel and parking area by installing drain tiles and dry -wells in a manner to be designed to meet industry custom. (b) Creation of approximately sixteen (16) marked parking spaces adjacent to the Easement Parcel on the South side ' of the Lodge as shown on Exhibit C. (c) Asphalt surfacing of the Easement Parcel and adjacent parking area. (d) Environmental beautification and landscaping between the existing Lodge restaurant, proposed "New Swimming Pool" area, ' and the Easement Parcel, and between the Lodge and the parking area, all as shown in said Exhibit C, said landscaping to include ' the following by way of enumeration, but not of limitation: (1) eight matured evergreen trees of eight feet (8') to ten feet (10') in foliage diameter, and (2) eighteen trees in a mixture of Cottonwood, Aspen and Crabapple, such trees to have foliage diameter of four feet W) to ten feet (10'), and (3) an adequate number of Juniper and other ' greenery to provide a well landscaped area around the parking. 2. Cost of Alterations and Improvements. Grantee covenants and agrees to pay all costs of the improvements and alterations ' made to the Easement Parcel and to adjacent areas as itemized above. ' 3. Completion of Alterations and Improvements. All im- provements and alterations as are specifically set out above ' shall be completed no later than October 31, 1977. In the 1 44 I I'] n L 7 event circumstances beyond the Grantee's control delay said improvements and alterations, Grantee shall have a reasonable time to complete such work. 4. Maintenance and Costs. Grantee covenants to maintain and repair the asphalt surface areas, remove snow from the Easement Parcel and parking area, and to replace, if necessary, the landscaping required to be done hereunder. All maintenance costs, repair, snow removal of the Easement Parcel and parking area, and all landscaping costs, replacement of trees, and landscaping upkeep expenses shall be borne by Grantee. 5. Trash Area. Grantee covenants that no trash collection or removal area will be installed or trash collection devises will be located within the area between the Asper. Alps and the Lodge and the Aspen Alps and the Lodge restaurant. 6. Parking Spaces. Automobiles owned by Grantors, their guests and invitees, shall be able to park in any of the sixteen (16) parking spaces to be created by Grantee, and it shall be the stated policy of Grantee in conducting the operation of the Lodge to direct all guests, invitees, employees and others to utilize the parking facilities provided elsewhere on the Lodge property so as to facilitate the use by Grantors, their guests and invitees of said sixteen (16) parking spaces. In furtherance of this policy, Grantee agrees to instruct all Lodge personnel not to tow or cause ticketing of automobiles parked in said park- ing spaces by Grantors, their guests and invitees. 7. Pool Hours. The pool shall remain open only during the hourly periods as is customary for hotel operations of like kind and character in Aspen, Colorado. -4- 1 4e� r 8. Private Use of Easement Parcel. The parties agree that ' the Easement Parcel shall be used only for private roadway purposes and shall not be open to public use. Grantee agrees that he will install and maintain signs that such Easement Parcel is private property, not for use by the public and shall take such other steps appropriate to prevent the general public from using the same. 9. Performance_ In the event the Grantee does not perform the covenants as set forth herein or at least twelve (12) of the parking spaces provided by Grantee are continuously unavail- able for a period of five (5) days, Grantors, shall deliver written notice to Grantee setting forth the specific items of nonperformarice-or unavailability of said parking -spaces. Upon -- - -- receipt of such notice, Grantee shall have a period of three (3) days in which to fully perform the previously unperformed covenant or in the case of unavailability of parking spaces, make provision for Grantors' use of such parking spaces. Should Grantee fail to so perform or make such provision, or in the event the number of parking spaces specified in this paragraph become unavailable for Grantors' use three times in either the winter season, i.e., November 15 through April 15, or the summer ' season, i.e., June 1 through October 1, Grantors may terminate and revoke said easement and right-of-way. In the event of any such termination and revocation, all improvements previously ' made by Grantee to the real property of Grantors shall inure to the benefit of said Grantors. 10. Miscellaneous. (a) The provisions of this instrument shall be binding ' upon the parties hereto and their respective heirs, representatives, successors and assigns. (b) The covenants herein contained shall attach to and run with the land and be appurtenant to Grantee's property so that a transfer of legal title to the said Lodge property 1 -5- 1 ' shall automatically transfer an interest in the Easement Parcel, and the obligations imposed hereunder. ' (c) Nothing herein contained shall be construed to make the parties joint venturers, partners, co -developers, master - servant or principal -agent. Neither party or parties shall be deemed responsible for the debts, liabilities or obligations of the other party or parties. (d) This agreement may not be amended or terminated except by an instrument in writing signed by the parties hereto or ' their -successors in title and filed for record in the real property records of Pitkin County, Colorado. The parties agree that money damages are not an adequate remedy for breach of any covenant herein and that therefore either party hereto shall have ' the right to institute and prosecute any proceeding whatever, at law or in equity, against persons violating or threatening to violate any covenant, including actions for injunctions, or for specific performance, and actions to compel removal of any condition or discontinuance of any use which violates such covenants. ' 11. Counterpart Execution. This Easement Agreement may be executed in one or more counterparts and as executed, shall constitute one instrument, binding on all parties hereto, notwithstanding that all of such parties are not signatory to the original of the same counterpart. IN WITNESS WHEREOF, the parties have duly executed this instrument the day and year first above written. GRANTORS: Mass IiVESTMENT TRU By 1(1 6 ' Richard A. 011en, Trustee By Willis D1. Partridge", . , Trustee -G- i J d14 Lj GRANTEE: Cl � Hans B. Cantrup STATE OF COLORADO ) ss. COUNTY OF The foregoing instrument was acknowledged before me this rday of I-,,- .C�,1` \­) , 19761by Hans B. Cantrup. My commission expires: 61yCorfa,a.ianGxpi,esOct.12,1989 Witness my hand and official seal. mF Notary Public STATE OF sS. COUNTY OF ' The foregoing instrument was acknowledged before me this �S7 day of 1976 by Richard A. 011en, and Willis M. Partridge,'Jr., Trustees of MassCo Investment Trust. I.MURICE F. L•ESSES My commission expires: I.OT«.z 1.:Y CO1.2.:I1,SI0' 7� _.= _- CH 29, 1982 Witness my hand —and official seal. I Notary Public -7- ' EXHIBIT A Legal Description of Lodge Property arccl A Lot A, and Lots K through P, and he westerly 10 feet of Lot Q, lock 10 7 ITY AND TOWNSITE OF ASPEN arce 1 B hat portion of Block 102, CITY AND TO NSITE OF ASPEN, described as follows: BEGINNING at the Northeast corner of I.ot I, Block 102; 'thence Southerly along the Easterly line of Lots I and S of said Block 102, to the Southeast corner of said Lot S; thence Westerly a distance of 10 feet along the Southerly' line of Lot S; thence Northerly, parallel with the Easterly line of said Lots S and I �to the Northerly line of said Lot I; thence Easterly along the Northerly line of said Lot I a distance of 10 feet to The Point of Beginning." flarcel Cll that portion of South Spring Street vacated by Ordinance No 2 (Series of 1962) of the City of Aspen, described as follows: That portion of South Spring Street lying Southerly of the Southerly line of Durant Street; thence Southerly to the.point of intersection with the northerly line of Ute Avenue", said portion of Spring Street being that. portion lying between Block 102 and 107 and westerly of Lot 38, Ute Addition to the City of Asper.; EXCEPTING that portion thereof lying Southerly and Easterly of the following described line: BEGIN-NINNG at the Northwest corner of said Tract- 38, Ute Addition; thence South 59* 51' West to a point of intersection with the North line of Ute Avenue_ Parcel D That portion of Ute Avenue vacated by Ordinance No. 3 (Series of 1962) of the City of Aspen lying adjacent to the tracts of land described above being a parcel of land Northerly and Easterly of the follo:ving described line: 'BEGINNING at a point on the Southerly line of Lot S, Bloc;: 102, City and Townsite of Aspen, e,lience the Southeast corner of said Lot S bears South 75' 09' 11" East 10.00 feet; thence South. 38° 42' East to the most Southerly corner of Tract 34, Ute Addition to the City of Aspen. All of the above situated in Pitkin County, Colorado_ r �J I 19e; iEXHIBIT B Legal Description for ' Easement Parcel ' An easement for ingress and egress across a portion , of the Aspen Alps property recorded in Ditch Book 2A Page 304, located in Ute Subdivision, City of Aspen, and part of the vacated portion of Spring Street, the centerline of said easement is described as follows: Beginning at a point on the centerline of said 13.83 ft. wide easement and on the West edge of Original Street from whence the Southeast Corner of Block 107, City of ' Aspen bears N. 43' 11' E 7.86 ft.; thence N. 75' 09' 11" 11 262.78 ft. along said centerline parallel with the North line of the Aspen Alps property to a point on the centerline of a 12.0 ft. wide easement; thence S 59' 511 W 44.16 ft. along said centerline of the 12.0 ft. wide easement to a point on the Northeasterly edge of Ute Avenue and the Southwesterly line of the Aspen Alps property. 1 [I] 1 40 1 EXHIBIT AGRFFMFNT 1111l1 Illll II!!II IIlII 111111 kill 111111111 !Hill 111111ll 442126 04/10/2000 03:34P AMEMEN DAVIS SILVI 1 of 6 R 30.00 D 0.00 N 0.00 PITKIN COUNTY CO 2000 THIS AGREEMENT made this day of ! j �+ �` I999, by and ' between THE ASPEN ALPS CONDOMINIUM ASSOCIATION INC., a nonprofit Colorado corporation (the "Alps"), and SKEGBY HOLDINGS,aA., a ("Skegby"). Limited WITNESSETH: WHEREAS, the Alps is the entity which is the governing body of the Aspen Alps Condominium project (the "Aspen Alps") in accordance with the Declaration therefor, recorded in Book 205 at Page 143 of the records of Pitkin County, Colorado, and WHEREAS, the Aspen Alps is situate on the real property described in Exhibit "A" attached hereto (the "Alps Property"), and WHEREAS, Skegby is the owner of the property described as: The South fifty (50) feet of Lots }Z and S, Block 107, City and T ownsite of Aspen, County of Pitkin, State of Colorado (the "Skegby Property"). WHEREAS, there is constructed a single family residence on the Skegby Property. WHEREAS, the Alps Property and the Skegby Property are adjacent to each other sharing a common boundary line along the northeasterly boundary, and the Alps Property also being on the southwesterly boundary of the Skegby Property, and WHEREAS, there exists in place an access roadway for vehicular and pedestrian traffic on the Alps Property north of the Aspen Alps condominium building which is accessed from South ' Original Street on one end and Ute Avenue on the other, and which said vehicular pedestrian way is gated by an electronically keyed gate permitting access only to authorized persons in the form of the owners of units in Aspen Alps, their guests, invitees and tenants, and WHEREAS, Skegby desires to install an inwardly opening gate on its property in the location shown on the sketch attached hereto as Exhibit "B", for purposes of gaining access to the ' roadway on the Alps Property to utilize the same for pedestrian use outletting at the westerly terminus of the roadway at Ute Avenue, and limited for the use of the occupants of the singlefamily residential structure which it has constructed on the Skegby Property, and n LJ 1- ! IIIIIIIIIII IlilllIIIII Ililll Ills IlllilIIIIIIIIIIIIIIII 442126 94/18/2000 03:34P AGREEMEN DRVIS SILY1 2 of 6 R 30.00 D 0.00 N 0.00 PITKIN COUNTY 00 WHEREAS, the Alps is willing to permit the use desired by Skegby upon the terms and ' conditions contained herein, NOW, THEREFORE, for and in consideration of the payment of the sum of $ by Skegby to the Alps, the receipt and sufficiency of which is hereby acknowledged, and the promises and covenants contained herein, the parties hereto agree as follows: 1. The Alps hereby grants to Skegby, for the use of the occupants of the single family residential dwelling situate on the Skegby Property, a non-exclusive license for pedestrian use only of the roadway existing in place lying on the Alps Property along the common boundary between the Alps Property and Skegby Property, from the access gate on the Skegby Property westerly to its terminus at Ute Avenue (the "License area"). 2. The License area shall be accessed only by means of an inwardly opening gate (toward the Skegby Property and inwardly from the common boundary line) to be located on the Skegby Property. 3. Skegby shall use the License area for pedestrian passage in accordance with any and all rules of general application applied with respect to the use thereof (recognizing that the License is for pedestrian purposes only however) and so as not to disturb the peaceful and quiet enjoyment of the owners and occupants in units in the Aspen Alps Condominium project. 4. Skegby hereby agrees to use the License area in a careful, courteous and safe manner, respectful of the right of the Alps, its owner, invitees, guests and tenants, to assume all responsibility for damage to persons and property using the License area, and to indemnify the Alps, and its individual unit owners from any and all claims made in connection therewith, including reasonable attorneys fees. 6. Skegby shall be obligated to pay a proportionate part of the costs of maintenance of the easterly electronically keyed gate adj acent to south Original Street and the License area, that proportion shall be one/seventeen (1/17th) the basis for such calculation being that there are sixteen (16) units in Aspen Alps. Said amount shall be paid for the costs of maintenance and repair of the electronically keyed gate, including future replacement and/or other modification thereof as shall be determined within the sole discretion of the Alps. Any and all amounts due and payable hereunder shall be paid in thirty (30) days of the mailing of a statement for such charges. Skegby's obligations for payment are personally guaranteed by Ken Hannan for so long as Skegby shall own the Skegby Property, and thereafter shall be the personal obligation of owner of the Skegby Property. 6. In the event that there shall be a default hereunder by Skegby, and in the event that Skegby shall fail to cure the same within thirty (30) days of written notice of such default, the Alps ishall have the right by sub sequentwritten notice to terminate this Agreement, inwhich event, all rights of Skegby in and to the License shall terminate, and each party shall be released Page 2 PJ 1 i5c f] U .. from further obligation hereunder. 7. The grant of the License is intended to be permanent, however such shall not be construed to prevent the Alps from terminating the same upon sixty (60) days advance notice in writing in the event that the roadway presently used for vehicular and pedestrian traffic is modified, altered or removed such that the same is no longer used by the Alps owners, guests and invitees and tenants for pedestrian access to S. Hunter Street, without any duty on the part of the Alps to provide a substitute therefor. By way of example, but not by way of limitation, in the event the Alps shall construct a building or buildings on the roadway (which it shall have the right to do as between the parties hereto), with the result that the roadway permanently is not to be thereafter used for pedestrian access purposes by the Alps owners, guests, invitees and tenants for access to S. Hunter Street, then the Alps shall have the right to terminate the License pursuant to the above procedure. S. In the event of termination of the Agreement Skegby shall permanently lock its gate accessing the roadway or replace the same with solid barrier. 9. The Alps may temporarily suspend Skegby's rights and the License from time to time, for reasonably necessary periods, for the maintenance, repair and improvement of the roadway upon fifteen (15) days notice in writing to Skegby; or, without the necessity of any notice in �^ the event of a bonafide emergency. 10. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the third day after mailing if mailed to the party to whom notice is to be given, by first class mail, certified, return receipt requested, postage prepaid or when deposited with a national air courier service delivering daily in Aspen, Colorado, and properly addressed as follows: SKEGBY: Ken Hannan c/o Colonial Navigation Co., Inc. 750 Lexington Avenue New York NY 10022 with a copy to: Leonard M. Oates, Esq. Oates, Knezevich & Crardenswartz, P.C. 533 East Hopkins Avenue Aspen, Colorado 81611 ALPS: Aspen Alps Condominiums Attn: Pam Cunningham 700 Ute Avenue Aspen, Colorado 81611 �^ Page 3 I IIIIII lllil IIIIlI Ilill IIIIII IIII IIIIII III Ilfll IIII IIII 442125 04/10/2000 03:34P PMEEMF-N DRVIS SILVI 3 of 6 R 30.00 D 0.00 N 0.00 PITKIN COUNTY CO with a copy to: J. Nicholas McGrath, Esq. McGrath J Nicholas, P.C. 600 East Hopkins Avenue, Suite 203 Aspen, Colorado 81611 11. In the event in any Litigation arising under this Agreement the prevailing party therein shall be entitled to the award of its reasonable attorneys fees in addition to any other relief which said prevailing parry shall be entitled, all as determined by the court having jurisdiction thereover. 12. This Agreement shall constitute a covenant running with the Alps Property and the Skegby Property, a burden to the former and benefit to the later. 13. Each of the parties hereto indicates that it has the full right and authority to enter into this Agreement and to perform its obligations as specified herein. Each party further represents that all requisite corporate actions have b een undertaken and approved in order to enter into and perform this Agreement_ IN WITNESS WHEREOF, the parties hereto have executed this Agreementon the day and year above first written. ASPEN ALPS CONDOMINIUM ASSOCIATION By: President COLONIAL NAVIGATION CO., INC. AS AGENTS TO 1111111111 IIIIII 11111111111111111111111 IIII IIIIII III IIIII IIII IIII 442126 04/10/2009 03:34P ANEEMEN DAVIS SILVI 4 of 6 It 30.00 D 0.00 N 0.00 PITKIN COUNTY CO 1 Page 4 1 All of Lots 36, 37. 38 and a part of Lots 34, 35 & 39, UTE Subdivision, and part of vacated portion of Spring Street, all in the City of Aspen, Pitkin County, Colorado, said tract being more fully described as follows: Beginning at the SE Corner of Block 107, City of Aspen Thence S43°1PW 11.25' S33.08W 102.14' (81.29') N74"24'W 78.04' S49086'W 80.00' N37047'34"W 263.36' (193.76') N59051E 39.76' S74°24'E 4.44' N14"50'49E 6.42' S. 15 ° 09' l PE 270.0' to the point of beginning. 1111111111111111111111111111 IN 111111 III 111111111 IN 442128 04/10/20M 03:34P AGREEMEN DAVIS SILVI S of 6 R 30.00 D 0.08 N 0.00 PITKIN COUNTY CO EXHIBIT "A" 19543 z0 ' d -H1❑1 m —A nn - I I __ __ __ — I s I � I Cl I � I 20 •. I-----•—•_ -----J L IND i ! Hai SOUTH ORIGINAL STREET FR oR, 9 I Mill 11111111111 Illil III lii IN 111111111111111i111111 442126 04/10/2000 03:34P AGREEMEN DAVIS SIM i 6 of S R 30.00 D 0.00 N 0.00 PITKIN COUNTY CO .S a ... _ i F.v ii4K���-���•--- ` u HA�@V�N )i�E1dCE ® �..ER COSTAS Ko s 11"22 SR B y AROMMIM+MANG g1� i b An dRh:. M'�L mwm� sm�p� �eecv�aet�sVsk lS. lmfl F S z0'd 3bniD31 I HM:M 2!8133HM lzu : 1 � 17eeG-eG-dow EXHIBIT a a 'NL i 1 n n L W 6 OUT'51.Dr a/ti1G1v5/ON FOUVnAT/UN PGAV GONdo/w/NiL//!/I aae.er No i cc/LG /"`20:J' f3c.o k A _' /' .5 onrn'c-a3 ceRr/�-/c/F ,(SPIN-.UP3 f:LUB/ INC. as 'Go/d/e7 corroa�7j` _ - O.oWrse r' �e f';ke bcraia dcacr/bcd rc// proorrfy, Boca /rcrcby ccrj/ !/ J/idf j/%ia /,rsa or j�spr.�--��ps--lA(rs /fa3 bean /orc/esrc �' pV,-,g of fU fir+;vw,,; •a06J of/ a' /r fjc condoAs/n/UM ; dsc//rlfion ore rapen9/ps {{{HHHjjj[[[lllest4ated d-rd rco^Yeo on �% // —, IgGS /a book.?/ prges 03 th ouy/� 97;-1- �� rc onya �' /`1ja /e" r. arm o-^armor Pirc/N couNTY eoLakA00 p�..r. y,.oRredAls'� ward J Pu .__ AGKNCiVG,raGGM'7-.5 arlrL or c94OAf00 1 GoUAirY or P'TC/N )J9 rie foes,4o! Olf' S. 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I O N,/MOGRL /N ctAe-LG$ or-al:FNArr- APARTA/LA/r NN/r IVJMOLR CLLAR sip At L:NGAA fi/MLA,J/ON8 6crw L6N PGR/MLTGR i✓ALA.-- �..'[,�� Or LACK A,.ARr,"A—r j*D,✓N /.cz RL6ULAR CONGTANT t UN/FOR v CALt'ONy WALK d 8TA/RW/y .9 /RG 6LN L RAL COMMON G LL MENT3 0A4CJN/G8 A$ QpOWN A.cG L/M/rZC COM/HON CLG MG Nr$. r//G G.Vr/RG ad-s c MLNT /RGA /6 PART OP r!/G GG4 GRAD COMMON ARLA. 6 rirr- OF ) 33 cou.vey os- v/rK/A! /cc e�fc./ for fi/ice /A ��a o'yice a•~� CL ErFA• KGCDRDGR cs P/fA/u C9JN» 'cacOA/Do wr /•: S. o"cLO ^,t FI M/ T.//a� L'A, Or'ikA.eG ,t r. /r,n 1 62 e- V-SIOIVJ a.vlr AraAfecAt L- — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — -- 4 svr-5r e-,Lr-v,#r1o" e rA rr- OF c o i- o R of c o OF P/re/,v e., CZ ZeZ _A -Ay/ r;yl;! /7 rj> 65, 1 14 1 1 1 1 EXHIBIT b e K A w gppK 541 PacE625 (Rer.8/25/86) �r M EASEMENT AGREEMENT o> ti &X) — N � J d � / Pry_ THIS EASEMENT AGREEMENT, executed and delivered this 21' day of August, 1906, by and between WOLFTONE CORPORATION, a Colorado corporation, hereinafter referred to as 'Wolftone', and ASPEN ALPS CONDOMINIUM ASSOCIATION, a Colorado non-profit corporation, hereinafter referred to as 'Association'. WITNESSETH: WHEREAS, Wolftone has filed an application with the United States Forest Service to exchange real property owned by Wolftone for Lot 41, aka a part of Thaler Lot 32, Section 16, Township 10 South. Rnnge 84 West, 6th P.M., Pitkin County, Colorado, consisting of 7,200 square feet, more or less, owned by the United States Forest Service hereinafter referred to as the "Property'; and WHEREAS, a portion of the parking area for the Aspen Alps West Building, situated on Lots 18, 19 and 20 of the Ute Addition of the Townsite of Aspen, Pitkin County, Colorado, is located on a portion of the Property; and WHEREAS, the Association desires to obtain an easement for parking purposes on the Property on the terms and conditions as set forth below. NOW, THEREFORE, the parties agree as follows: 1. 6rant of Easement- For and in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, Wolftone hereby grants to Association, its successor�Pand assigns, for the benefit of the owners of the condominium units contained in the Aspen Alps West Building, their guests, invitees, heirs, successors and assigns, a perpetual, exclusive easement for parking purposes on the Property- ?_ Provisions Relating to the Easement- The aforementioned grant of easement is subject to the following conditions, to -wit: r� 11 f 1 1 1 1 EXHIBIT b e K A w gppK 541 PacE625 (Rer.8/25/86) �r M EASEMENT AGREEMENT o> ti &X) — N � J d � / Pry_ THIS EASEMENT AGREEMENT, executed and delivered this 21' day of August, 1906, by and between WOLFTONE CORPORATION, a Colorado corporation, hereinafter referred to as 'Wolftone', and ASPEN ALPS CONDOMINIUM ASSOCIATION, a Colorado non-profit corporation, hereinafter referred to as 'Association'. WITNESSETH: WHEREAS, Wolftone has filed an application with the United States Forest Service to exchange real property owned by Wolftone for Lot 41, aka a part of Thaler Lot 32, Section 16, Township 10 South. Rnnge 84 West, 6th P.M., Pitkin County, Colorado, consisting of 7,200 square feet, more or less, owned by the United States Forest Service hereinafter referred to as the "Property'; and WHEREAS, a portion of the parking area for the Aspen Alps West Building, situated on Lots 18, 19 and 20 of the Ute Addition of the Townsite of Aspen, Pitkin County, Colorado, is located on a portion of the Property; and WHEREAS, the Association desires to obtain an easement for parking purposes on the Property on the terms and conditions as set forth below. NOW, THEREFORE, the parties agree as follows: 1. 6rant of Easement- For and in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, Wolftone hereby grants to Association, its successor�Pand assigns, for the benefit of the owners of the condominium units contained in the Aspen Alps West Building, their guests, invitees, heirs, successors and assigns, a perpetual, exclusive easement for parking purposes on the Property- ?_ Provisions Relating to the Easement- The aforementioned grant of easement is subject to the following conditions, to -wit: r� 11 f 11 f 1 F r r 1 x: I 1 1 1 Page 2. (a) The Association shall, at its sole cost and expense, maintain the Property, including the asphalt pavement parking area, retaining wall and any alterations, substitutions and replacements thereto, In good repair and appearance. (b) The Association shall maintain all portions of the parking area on the Property in a clean and orderly condition, reasonably free of dirt, rubbish, snow, ice and unlawful constructions. (c) The Association shall maintain the landscaping on the Property in good appearance. (d) The Association shall indemnify and hold harmless Wolftene Corporation and/or Lyle D. Reeder from and against any liability, less, cost, expenses or judgment out of or occassianed by any action filed against the Association, Wolf tone, or Lyle D. Reeder as a result of any Injury suffered on the premises hereinabove referred to including but not limited to the amount of any judgment or settlement entered into in resolution of said action end attorneys fees. 3_ Binding Effect. Etc. The provisions of this Easement Agreement shall bind and inure to the benefit of the parties and their successors in title. This Agreement Meg not be amended or tervainated except by an instrti ent in writing signed bg both parties or their successors in title and filed for record is the real property records of Pitkin County, Colorado. IN WITNESS WHEREOF, the parties have duly executed this Easement Agreement as of the dog and year first move written_ L ATTEST: Hoary . TMrstn, I i 1, Secreterg"reaserer f* , WOLFTONE CORPORATION, a Colorado corporation Bg: Lyle D.Reeder, Oresioent _r I al 1 ' NODH. 54�- PAGE6� 1 Page 3. ASPEN ALPS CONDOMINIUM ASSOCIATION i gy. rb J. Wi ,ter, President ! ATTEST• Ar-6Q'-- , Secretary STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of August, 1906, by LYLE D. REEDER as President and HENRY W_ T:iURSTON,III as Secretary/Treasurer of Wolftcne Corporation, a Colorado corporation_ Witness my hand and official seal. f0/ &�, . ` � 17! My notarial commission expires STATE OF COLORADO ) ) ss_ COUNTY OF PITKIN ) 4h ore�omg instrument was acknowledged before me this F- d 1906. by HERB J_ )WINTER as resident and PQ e es 55i 5 — Secretary of The Aspen Alps Condominium Association, a Colorado non-profit corporation_ Witness my hand and official seal. My notarial commission expi fs 6 \ � '(•'\ -[L r;,j,� ,Ora:,. 0 t &;:v Mr�v Grp.+.aN�9. 1 1 l 1 Ott J5 CONDOMINIUM MAP OF ASPEN ALPS SOUTHH EXHIBIT OWNER'S CERTIFICATE CN¢ISTII�k J. A11g ON, TRUSTEES AS oWIJ E¢ of THE N�QEIN DESCrZIB=D 2EA'� ?1ZOPE5Z Iul \�I fl CFQT PY THAT T-{ls D?Al1eGEPo SES STATti-ED M2IN3TC1HF9E GA5DG?OENND_EAO1ZLMKPISN IAL�i.oI NNO2SD LLD TESIS-SZD1 EC=�G%LCACtASN2Q D6'Act7ET�EEC1� CNEI.CvM,P6:Z�-�EIZP0A22EIiDT� P9E>1 AP ASP AND 2EG PC>= PGQ5T 89 ES2 ECLf1 R 3f' C O / c S • / r. z.as a e �• G: SG-2fT R- 1LGo \ / ►-L N/.1/4. SEc. Ib, TWP. 105, P.84 W. FOUNDATION PLAN Scl+�c 1' SG STATE OF COLORADO ) ss. CITY AND COUNTY OF pE NVE I'2 THE FC 2EG OING OWN£2'S GE 2Tl FICA-TE w'AS AC KN O'W LE D.vE� SEFC2.S ME TFils 6T11 DAY OF DEC G^MI3ER� 19G5J $Y e- -ISTI AN J. AL.LI- I T2L:STEE. sJITNESS MY NAND < ND CFFIG AL SEA1_ THlS 6Tu DAY CF DE CEM 6E'f2� 19GS MY GOMMIS5-ION EXPI2ES NO VEM ISER' 2C� 19G7. EAN T2£N EBESZ, ^JrAl2Y p11BtJG ENGINEER'S CERTIFICATE I� G.E. SUCH Af1AN� A 2'-GISTE'7Z ED PR.O FESSIONAL ENGIN E.'�TG� DO NE2cl3Y GER.TIFY THAT THE IMP20 ✓EM ENT3 AS GON ST�I--IGTED C011 Fo2M S�:Li STA.NTIALLI� TO THIS MAP Aun Z-H.•>`-T 'YNI `..� MAP WL.1 LLY AND AGCLL 2ATE LY DES�I GIR THE LAYGL.IT� ME-�.SJ17-=MENTs AND 11JG.ATION OF ALL Op Tl-tE IMP20YEMENTS ON THE LAlvaj THE APAS2 ATMENT t1NIT DESIGNATION3� THG BUILDING SYMBOLS) THE DIMEN310NS OF SLIC.H UNITS AND THE E1--E-�'�TlON9 O� THE L1N Pi Nl Si-F E� FL OO rdb AND GEI LINGS. _ G.E. SUC WANANj REGIST'EZED PQO7=ESSIGN AL. ENGINSETL ' STATE OF COLORADO ) S3 T. COUNTY OF PIKIN THt: FOf2E GGING GE�Cl F:CATE WAS AGKNOW LEDGER BEFCiZE ME TZ}IS GIn DA`e G1= OEC-N1m�>Za I JGS� 3Y Ca. f. 13UCHAN A.N� 12E"G1STE2ED PtZOF£SSIONAL_ ENGINEER �•V ITNESS MY "AND AND CFFIGAL SEAL THIS ani DAY GF OECf=M6E2 19G5. MY C.OMMISSICN EXPIRE'- NOV ENISEIL 201 19G-l. J N RENN Eb EVz I N A.¢Y TUg LIG STATE OF COLORADO Ss. COUNTY OF PITKIN A GG CPl-cD Fog FILING IN THE 0FFICc. OF THE GLEIaIG AND 2E CDl2Dc1Z IJ;T9`S)F IN PITKIN TATE CF GO LO2 A�0 AT �i./O c'c�oGF $OOFC , PA•G ES no.r( ky • Pc Gf. r- E. GCaLc , GLE12hC AND-�UIZDET2 rouN--r, CF FITK!-, STAT c. ._.r �CL02A'�O SURVEYOR'S CERTIFICATE STATE OF COLORADO COUNTY OF PITKIN / I-+EfZEgy CE2TIFY THAT THE P20PERTY WAS :, G. E. $1..lGH AN AN) A 2=G15TE2ED LAND S112VE.YOQ� SU2V EYED AS SHOvJ �! ON Tl-ils MAP AND TH= PJ2CPEI�TY 1S acTSG218ED A3 FOLLOWS q T2.+•=T OF LAND LOCATED 1N THE NW 4 OF SECTION 18� TC1.-IN SHIP 10 SOUTH TZP.N GE 8J WEST OF THE GT`-L P-M. AND BEING PJ.SZT OF THC M AND Y LODE CLAIM LLSMS No. 39L ANL AND PART CF LOTS 33 AND 38 OF SAID SECTION I$� WHICH TtzAGT IS �ESG.T2-I L3ED A3 FOL LoWS� TO -SNIT- $EGINNIN4 AT a POINT WHEN Grs THE IN TfiRSEGT1oN , 1-INE 0 OP THE M AND Y c- AIM WITH LINE 3-4 OF THE MILLIONA12.E C-"' IM USMS NC. 36'LO 13EA.�S SG9�Tu 79,9G FEET- TH EN GE S ,¢5.04' W 45.98 FEET. THENCE 3 -47� 09' E 83.01 FEET. (..40 FEET ALONG A Gu2vE Tc THE. rZ1GHT HAVING A 2ADILJS OF _O. 85 F -E:: THENCE 9 38 09 E 124. 19 FEET. THEN GI= 52.15 FEET ALONG A GL12VE To THE iLL1G HT µACING A tZADlLi3 CF 195. 51 Fr c-z T'H iz ( 5 22'49E 20.89 F¢ET• TN EN GE GG. 21 FEET ALOI-1G A ­jr, Tb THE I- HT HAVIN CS A 2ADt L'S CF 14S. S9 FEET- THENCE S 3-lbw IOZ.06 F"E ET. TH CNGE dS•O7 FEET ALONG A GIU I2VE. TG TN'c LEFT HAVING A QADI G1O..I�VF 51.3G FEET. Tr1 El�(cc = d7 - IG' E G t. 1 t FECT• T�/EN GE 21. IS FEET' .gal-ON4 TO THE 1...EPT 1--1AVING A T2ADILSS OF 25-11 FEET. THE NG.6. N84�1's'E a54 FEET- Tl-1ENG[3 27.G4 1-EE'f- ALO/�fG A CL(2�/E TO T7-IE LEFT HAVING A 42!-D111S OF 2B•G0 FEI=r TH ENG>c N 2$48 E 75. CO FEET. THENCE N 30. 03, W 22S 43 FEET. THENCE N IS16 121.30 FEET- 'T�-1EN GE N 5214'wf 193.75 FEET To THE T�uE POINT CF BEGIr+NING- FOTL 'PCD ESTiZ.IAN � V`'=Hi C11LAit TGGETH cT2 w'ITF. A Pc.ZPCTIUAL NON-t'rX GLI--I SIv'E EASSMaNT y,,;tDTH� AND OTH EfL TZAFP'IG O/C2� ON AND AGQOSS AN Al2 EA TWENTY FEET 1N DC SG_I2.18E-D AS Fo>-.-.L_.'JW3� Tb-WIT: A TIZAGT OF LAND LO AIM GATW'm IN ti' LODE. T14M Nvj oG SE GT ION 18� TOWNSHIP IO bcUTH� i2A.NGG 84 w'EST CF THa GT4 P. M. AND BEING FA CF THE M AND CL U SI`�IS NO. 3921 AM. AND PART OF LOTSS 33 AND S8 O`= SAID SE=TON 18, ��✓HIGH rM. C-T IS TEN FEET IN WIDTH ON )LAG" SIDE OF TµE P'CLL-G4i11.1G �ESGSZI1!. G ENTER LINE BE4INNING AT A POINT v.tHEN Gtm T1-IE INTEe.SE'GTION OF LINE 5-fie OF THG P/1 AND %-J LODE CLAIA WITH LINE 3-4 OF THE. t"1I1.�-I ON Al2E G�AIT�'1 aTi �2S N S4, C!'1ti IL4.42 FEWT• THc lNGE S 38O9'6 12L.19 FEcT- THENCE 49. 49 FEET ALONf3 A Cut vE TO T4+E T-,LlHT HA1/1N4 /. MADILts of r85-SI FEET_ TµfCN CE S 2Z.-49 E 2c. E9 FEET. TI-aEv.^-c^. Gi. C7 FEET ALONG A GutzvE, TO THE lz%GH HA�/ING A ILLAD1tSS OF 135. 59 FEET 7-HENs S 3-IaW Ic2. C6 FEET. THEN=E 53. 85 FEcT" ALONG A CU¢/c TC THE L.E=T F-iA�/ING A >Z A�IL15 CF 61.3G FEET- THEN G� 547tG'E 61.11 S.11 -µeNG6 29.57 FEET ALONG A G�..12VZ To TUE LEFT HA✓ING A 2ARIL S OF 3. o1 THc. LEFT E HAV IIt N b4' I'SE 6-54 FE E'r. TH EN GE 37.31 FEET ALONG A CuszTE A tZADll15 OF 36-GC FEET- T-,-I�h:GE N 28�4b E 12G.30 FEET. TH ENGE 72-17 FEET_ ALONG Al GUtLVE TO To-tE 21f.HT HAVI>\fG A 2A.D1t�S CF 252•G7 FEET- THAN GE N 45 fo'E ISfi FEET MC2.zT GR L- I TO T1.IE SO UTH E ST 21GHT Ofx WA'! L:�:� GF- f1TE. gVENLI E. LDiI-:G T:ES ANC MCA:U aNTS Alec 1 FL F THIS SHOWN HEtiZ= OI" A�:J -�. 1?=T SUFFICIENT TO eN A31L AN .q CG'J2ATE YZE-Sut2VFY C PEOP1=1ErY- G E $JGH AN A).:1 )Z EIISTctZ E-D LAND . sL;e VIE PAGE I OF 4 4�;3 Sr 1 1 1 1 1 1 APARTMENT 3 30! OE 30E 307 309 X. 47 s. FOURTH FLOOR PLAN APARTfAEN7_ 305 3cs STOFtAIGW 307 308 --.fklt-4L— _94P ef T_ LINEN, 4-4: 1 k 3t- -TI _014Y *WALK jr 4 TH IRD FLOOR PLAN W E6jkLc.my I 3,&Lc APAR—MENT STORAGe za us — — - - ------ WEST' ELEVATION nwmv4slor Akls •.a­lm — _ I,_ ■ I =- =-A- riNwa. Rum E P"' S T ELEVATION 302 2fya.333 304 & w 16 %us MOW W_LttMl9uT) -SECOND FLOOR F L 1, N L �CL Q..r- 'A APARTMENT 501 ak 303 SOUTH ELEVATION 2Q t�OTES. L J__ Gr_ _&L COMMO,,j t *'rFZZACEs EXCEPT WFASXE WCrTMO N7F LiMt-rF-10 COMMOIJ le'-w FIRST FLOOR PL4,1\1 NORTH ELEVATiC7. CONDOMINIUM MAP OF ASPEN ALPS SOUTH BUILDING A page 2 Or 4 1 1 1 1 1 1 1 1 1 1 11 H -5 &V Q ml APARTMENT .7p -LIM z"I& 405 4 407 40 e p 2 ------ zr- 4M, -7. W-q- L FOURTH FLOOR PLAN H WEST E'-EVATION AT -'R Srr%wn ong,", -T AFAR-TKEN7 405 401 i 407 408 1 not*- x "IX 3, ft lit a a k 3L (cs.sm., itm A:a A FARTKE07, 05 , ts I Tmr-i F77 4014C7 VLSI THIRD FLOCP FLAN q ;Ll _p EAST ELEVATION MWIANWL Rftm ftuc L ZU 141C.4 P..' Pm-T. )1L TTRYEL mask AMR-MEH7 401 -02 *14 403 404 '41JE Is.W Al 19 rzar—m wr I - it wr wow X 77 SECOND FLOOR PLAN C ppm� pmTG='= __L4 14, ec T.W Mr, TKKACE a."w F ;F H 7 sp 403 404 s EL 10 NORTH L--L--C--.V-f--TICN Las (SEUUgki- C.MM(5U ELr-lAF.47S. WASPS UTEV, SkVV. UMMV COIANOW CONDOMINIUM MAP OF ASPEN ALPS SOUTH FIRST F'-O'0R FLklr-1 1' 0 BUILDING B r J OF 4- a$ 1 1 1 1 1 1 1 1 1 Aww. Yw_Lr 7 ....... APAR"bAeNT :05 50S I ja W qL4- sw MW . sy., 14- J3,f FOURTH FLOOR PL AN is =05 r 0 Q G46 Z t4 506 c 0 50 5 e Ir.4' 4' 1, s" S,I. WL61 ELEVATION 3 it3t 11 x kr -- - - -- Ji -:A ------ IT _OXLVPNY 4 w4LW.- ==242-un) 50! C9 ISIV-11, TKRD Fij,)F, PLAN EAST E!— E 710 fxi ArAFTY.Erll EC4 4� -bcTnmfF NUMIT. S E C L 0 i:� PLA pl V FIRST FILCOR FLAt,' --.W4r F i L =ZZ WHERE W0750, 6,25 LlM,7F-V COMMON ELEMENTS. mmv_ NORTH ELEVA-T"ON rl,lftmsiO s XIM SQ; �xs -= 3CAr" W-wi-ricN. CONDOMINIUM MAP OF ASPEN ALPS SOUTH B U I LD 1 f, C page FIRST -SUPPLEMENT TO CONDOMINIUM MAP OF -ASPEN ALPS SOUTH M�sLLTU�/� uNC Si o<n✓< / IY cuw .. ue.fn'4H. vT4 uwr 3� of Txc An,LLKwalg ; CLdH v.OM.ti He.9Lm 7 • I \\\ \4 4 Gala HTY Cµy..lps N_S Ib. w'Tl;vu.,c a-4 of T+II y,S. M.a. Ne.9i PLOT PLAN OF 61.s6 FEET-, THGLW V 5 47• l W E„ fe\.11 FEET-' T11E Ncfi 29. S7 FEET ALONG A CURVE To THL LC FT 1LAV lNv A IiAaIVS OF aS.\\ FElT•I4 NLG N Hti`13' E, $.54 FEET., THENci 37.31 FECT ALbl,1< A cu Eu¢ TO THc LEFT 2 WAVING A Ao1Vs Oc gam. LO FGGT•, THENCE N28`48E 12V.50 FEET., 71 ZAN 72-17 Fear ALONG A GURJIE TO THa RS 2 RIb NT WS/ING A ADIUOF 25.67 FEET, TLE.A LICF W 45'l0' E IBB. PCET Moat OR LESS, TO -THE SOUTH WE`'T R'6HT-Or- WAY UNE OF VTE AVEUUE. (REFERRED To AS PARCEL 2). 9. TOGET4FR WITH A NOW- FULCLV'5IVE. PERPETVALMr�1Y5♦EMcur Foe PEDESTRIAN/ VEI•IICULAR AND OTHC¢ TQAFFIC�OVER 0, AND H- CRD55 AN AREA 0eSCKI BEo AS Fd-LOws, To-C..+1 T: A TRACT OF LANO LOCATED, IN L1 ♦Y LAOC CLAIM U.S.I4.5- NO• 3921 A.Ni. LITTLE NE-LL LODE CLAIM, LAS.M.5. A". ;BSI A.M. AND LOT 83 OF 5E.CTIDAJ 16, 7-10-S, R84-IV of The 6T1' P.M., PLTKIN COUNTY, COLORACO. iaMG1LDA1 WL. AT T14e 5.E. Cro.lco OF VAe- eEL L,TWENCE WO4'37'E 167.64 FrZT.,TMElICE S21'OgE tB3.9L FEET., THENCE 7 B'3O'E 77.00 FEET. THENCE 526'o6W 54.9E FEET., 7NENCE 1146`OD'. 96.45 FEET, TREArz 3 SO, /4,E 1'T.40 FEET., TO THE Fbw r pF BEGI/JNIAIL, �REFER%2S0 TO Al, F1LP..C•FJ.- 9- 4. TO6ETHE¢ WITIf A WON- EXCLUSIUG PEICP<TUAL EA6EMENT FO¢ PEDESTRIAN, VEHICULAR AND OTHe¢ TRAFFIC OVER., ON AN" CRO ASS A)J AeFA DHSC¢IBED AS FOLLOWS, TO -WIT A TlALT OF LAuD LOCATED IW M i Y LODE CLAIM U s-M.s. WO. 3921 A.T•A• LITTLE- NELL LODE CLAIM, U.S. M.S. NO 98S1 A.M. AWD LOT 'Yd of SECTION IS, T-ID-S, R-84-W OF THE 1 L' RM., PITKIN COUNTY, COLORADO, WHICH 71MACT IS WINE Ig1 FEET IN IUI VITH ON FACH SIDE OF THE FOLLOWIU6 CGSCZIDRD CIB-TT!¢-Ll.�: C.oMM EU UNL AT TMG INTE.¢SECTION OU UNE 7-G OF THe M eY LODE CLAM AND LINE •S-d OF THE MILLIONAIRE LOCO CLAIM,TMEAIC.E N 04'8O'E 95.7E FEET.) THENCE 5 SO`14'E DB. 52 FE9T 7o TOP -ibNT OF 8E6, NLVN r' THtuCE .54L'OS'¢ IOq.74 FEET., TWVIW 85.75 FEET ALOu6 A CUQIVC TO THG LEFT, NA✓INL A"OIVL OF'5S.00 FEE•T., THENCE N OL'3o W a4,72 FEET., T14EWP 45.05 FEETAL"& A CUP -OR TO THE RJG.HT, WAUINRA (e A OIu,, OF 220.Oo FEET-, THENCE 1•.1 OS'14H `2.07 FCET.,THENCfi Q4.26 FEET ALONG A Gu 2uG To THE LV-Fr, HAVING A P-AD'US Or 12S. 00 FEET -,THENCE 1,492.98 FEET„ TRVIJ a 7-a--al FEET ALOUL A GUQU6 To THE Rl6HT, HAJIN6 A RADIUS 0P 2S.60 FEET., THENCE S A 444E TOIT7 IWTER�uEC710N WITH PAYCF-L 2 (REFERRED TO ASP�ec.FsL4), S. T,4r- FOLLOW I N6 PARCEL VS REFERXZ-o TO AS PART C S AND IS JMf=oRMATl0PAL ONLY_ T14AT PO¢TIOL) OF THE LITTLE N6LL LOOP -CLAIM, US. M.S. 1Jo.3bRl AM. AND BEWN SITUATE IN SECTION Ig, TOWNSHIP ID SOUTH, RANGE S4 WEST OF THE GTH P.M-, PITKIN CAU NrY,CPlO QAO o, MORE PA¢TICULA2LY DeSCR16E0 AS FOLLGWZ- eWA WlN6 AT C ILWK2- NO. 4 OF SAID LITTLEE N'.. EL CLAIM-, THENCE s 4a'4L: I-Z56.29 FACT ALOW6 LINO 4- 5 OF THE LIT- TLE NE.LL CLAIM., THENCE S 43.29' W 70.00 FEET., THENCE N 43'91n' W 256. 2-5 FEET To LINE 4-5 OF THE L rrT NEI-L- CLA4TFI •, EIJCT• W 4'9'29'E 70.00 FEET TH O THE PCYNT OP 15E I1- VINNI W L ., IS T*e *.jUBJECTOFAW FAI$EMEII.IT RFLDEDED IN BOOK 2351 PAGE 72Z. THE 6.ASEMEIJT DESCRIBED A5 PARCEL 4 INCLUDES ONLY Tgt,,T foaTl OL] pF PARCEL F AS L5 SHOWN NEREOW, AND T71E REMAINILI e. P02TION of PAQGSL 5 15 NOT A PA¢T OF THIS CONDOMIAJ)VAA. I, FURTHER. CE¢TIFY THAT THE BUILDI06 TIES AND MDAIUMEWTS ARE L.00 TCD AS 34dNN 4WTRFON AND A2P SUFFICIENT TO E[LI- ABLE AN ACCURATE R;E-50i2tVEY of/./THIS /PRDPERTY_ - / p/a✓LBKI�J G. E. BuO NAW N, REGISTERED LAND SURVEYOK. s. i%slv3 Lq OWNER'S CERTIFI CMEIsTtAN U. ALLISON, TRUSTS!, 46 OMAILIE OF Y RVAL rr-maTPOES MERE6Y CE¢T'FY T11OT TTiI N C_(70141UIvlA MAP OF ASPEA" SOOTM HAS S TO THE wePosas 7TATOO WTHE FIRST SUPPLER DCCLAIEATION TCW A'SPCN ALFS SOVTH, DAT O RECOQD,ED, oN 3 OF THE CLECK AND R.110 .+Ee' CLUwlTT OF FITIUN, GNRJ aT IAN J. AL:�i�oN , TRvsTee ENGINEER'S CERTIFICATE RLG1-sTE2E0 PTFOFESs IONAL QuGt WrE4, I- HEQE- BY CS¢TI FY THAT THE IMFROYEMlNTS AS CONST¢UCTEO ceW m 3ug- 5TMJTIALLY TOTIHS FIRST 3uPPL!MENT TO CpaD,OMIN IUM MAP OF ��F!>J "�`. GLPS 9oUTM AND THAT THIS P1RST'5UPPL9 Me.• T TO MAP WLLY AJ.aO URATELY DePICTS7HE LAYOUT, M1=ASURCMGWT4 AND L.OtdTION uF.Au.'zy OFTM2 IMPROVEMENTS D/U THE LAND; THE UNIT CESI4eNAT10#4i,'TME SLA- LDINL llYMBOLS, THE DIMENSIONS OF --%uCH UN'TS. ANO THe ELG!ATId-'S ' OF TUE UNF1Nr-4Hv0 FLOOCS AND, Ll1LINLS- li.N, RW/sTC¢e. PRO FES- SIONAL, WfSIWEEC STATE OF COL.RADO ) ) SS. GTYAND CYuNTY OF DWu[G) THE FolLa,0143L CHETIFICATES WE2E AC9.NOWLJII`D6CD SCF.RE ME T M 7ro DAYOF-JANUARLY , IT(.9, SY CHPJSTIAN J. ALLIsb ,TQU7TETc, AS p cm, AWD G.E. BILE ""-", A R E&MTL R.10 FL0FMSS(ONA.L ■N- G10EJZR. W [T7•IESS MY HAND Awl. OFFICIAL LEifL- MY CdMMISSION ExPIRES= ��-.70- 7� ,. NeTA RY PV9L v STATE OF COLOZADo) SS. COUNTY OF PITKILJ) ACCEPTED FOR FILING W TML OFFICG OFZ :t'L" AND "WED, OF THE'UN TY OF PITKIN, STATE OF COL.O12AOo AT�O'CLOCK M, THIS 2 DAYOF J.I,vUwR , t9� IN Hope. , PAGE c.COBI`ANORE- COR.oEQ COUWTY OP PITKINS'mT! .F Gdtold00. SURVEYOR'S CERTIFICATE ajTATE OF CALORL1Oo) )Ss. C.OVNTY OF PITKIN ) 1, G.E. BJCNAUAN, A ReGISTaftso LAUD Su¢�/E`lO12, Ne¢EAY CER- TIFY THAT THE PR.PEOTY LNAS 3NQV E-Y!O AS 5H041N ON THIS F1fcST 5VPPLEMEWT OF MAP AND THE PROFMT rr IS CE5C2'pED AS FOLLOWS : I. A.12A<T OF LAND L.00AY20 IL1 THE M IY LODE CLAIM V.S.MS. NO. S921 A.M. AND LOT SS OF 3ECT,0N 16, T-10-.5 , le- S"' -W Or THE Lu' P. M., PITKW Coo,,TT, COLA [dOC, M02.E PA2rlCULAE.LY DESGRIOED As FOLLOWS : CoM MEWCIIJ • AT TILE INTERS EGTION OF LANE 7-% OF THE M f Y LODE CLAIM , US MS WO. 9qZ, A.M. AND IMS '6.4 OF THE MILLIONAIRE LOM CLAIM USMS No. 5420 THGAICE W C4'60' E, 5S.72 FEET 70 THE Po'NT OF McGe,I WWC.; THENCE S. Sa6t4'E. 73.97 FECT-, 71460-r- m04'3-I E, Z. (-3 FEET. THENCE N BS'23 W , 74.04 FEeT., THEnICE S o4*--42w, .00 FEET To THE PD,NT OP (REFS RRE` -TO AS PARCEL 1). 2. TO6ET71 E2 WITH A NONEXCLUSIVE PERPETUAL FASEMENr jot PEDESTRIAN,)re141CULAL'L A.4 0rWE'JL TFAFPIC OVEQ, ON AND AC12O•J9 AN AREA TWV-LITY I'Lo) FEET IN W'OTW, pESGRIDED .OS FOLLOWS, TO -WIT: A TRACT OF LAND LOCATED, Iu T'ME NORTHWRT 1/4 OF seen DN Is, TOWLTSAW 10 SOUTH, RAW6E S4 WEST OF THE IeTH P.M., PITKIN COUNTY, COLOQADO, AND BEING PATZT' OF THE M AND le LODE GIAIM NO,'5921 AM. AND PATS OF LOTS 38 ANO 36 O7 SAID SECTION 1�, WHICW TZAC-T IS 78NI,0) FEET IN WIDTH ON EACH SLDE OF TTaEVOL - LOWLN6 DESCRIBED C-C.TST L'Ne: 15SC. NWINC, AT A POINT WHENCE Tl-1H INTEQSECTIOW OF Ll"E 5-L OF THE M AND,Y LODE CLAIM WH ITUPI!S-4 OF THE MILLIONAIRE CLAIM BEA¢S hJ 54'OS'W, 124.42 FCETy T17 F+-ICJ= S 98'p7 E,124 Ig FEe T., TH-CUCE 4q.44 FEET AL.- A CURUE TO TH¢ 1Z16HT HAV'IJ6 A RADIUS OF IB$. SI FEET.,TMEIJCE 522.4f1'E 20-59 FEET., TM F�JGE Ll, 67 Fe ET ALON L. A CJ EVE To 7YLL RIGHT NAYINL A RAO1Q. of '.3S.S4 FEET., THENCE `+ 3', g' W• %-z-O[. FEL•T.,TWE- NCE 53.BS FEET ALo '. A CVItJE TO THE LEFT HkVIWL A ¢pOIJS PA G E i of 3 GARDEN LEVEL SC&LA Vs-r-o" 7-- S, Ig 7.7S 71— FF i Lwe— 71 III I yi Lfflftl. Lw" LzVaL LWFMW- Lay., P= LNG{.UPPEV UNIT Toy UWjr -To+ thJIT To 3 L,.:p 2 jumir 701 CA. Isss, 4.16 iv T BALCO-i-Y OW Co),�. �PA-n C3 cov-�- PI&T 10 to —J. El 29 q�/b9 of FIRST FLOOR LF-VEL FIRST SUPPLEMENT TO CONDOMINIUM MAP OF ASPEN ALR5 SOUTH - PAGE 2 of - I a<5 � NOTO: aGLCAMIE•a A= ll-; D c.W. N EM l PX- CGPT AS S:IOWN � q�I C.O hi�i� 4aatE3Al- CcMI•IG:I [laM e.�T I � I 1 I i -ca. �,. s� I 1 .a Brr S� tea. Bl{�.a'I c.�6114. T�' Z •�9r�1.G]' I j I rl� 1 f 111 � I I 'i8 ca •,11 a' _a_allfb6'�ca6lli�La'_ t. I 9.T2' R.•]' b91 ! (cE 41_4_La' 4ire.�l I 1 9an � I - •_e•' 9.98' �' I I f_ I I � ey. �•_ 1 � alb..►_ 1 fca.O rY2.bV'L i __e.- -- 4oe za.ss I:. os• I l e r.�t-• - • 4.sr' 4.1a' r! F _ _._�___s>_°-_?4s______ UWrr 710 I it I UNIT 709 _-' -i''UNIT 70B 61 [.c. euz.eY v Jf:zY UNIT 70T [.a..,1 rs.e4 Z I UNIT 706>; _ I -J IIx.LL' aBra.l 4' i I ' _ slls.ls -._I -rdr Z:e •ei2.A• i cJ. eui. ce ells-e,7 1�� LL�s-aiFiJ I �: I - yI I 4 n=[. •! �.:%� l.]e � �-I Te' _ - a r ♦.L' c.•.31.4 .LL' C a. e�144 ( -�I o. _LCONY o-9c• $It1L_GONY $SLC.OM( K'"'• E�4LC.oNY R 64.LGONY rw •.e 1 SECOND FLOo(- LEVEL sc,Li Yn•'• r•rv' I I I C]L'MYS..1Me a1ew1 w 9'14. 6G• E�. e114.LG ' `__ <_L. AI16_S7� EL Al13-68' LIVINc— &R6d LIVI1.16 AREA BATH }{ALL j &&TH BEDROOM i EL ail c�4.2 S' I I I a.. alo+x• I sloz.ti I i I, W\Awr— ARE.& LIVIAIC- A2E& 347-N k&LL E LATFI BED200M I �.eo+a.�o _ I �eogn.�o• J� I I I I LIVING .aRF-t� MEC!-1. STAIIL HQL1 j BEDROOM I E�8085.19� E�. 6a 8S_I9 HORIZON 7AL DI'•IFN SfeNS SHeMN- ON FI_eer( P w�j SECTION E, SECTION AA 5c.u2 4••1=0' FIRST SUPPLEMENT TO CONDOMINIUM MAP OF ASPEN ALPS SOUTH - PAGE 3 aF 3 t k 17 se p ID lOPCeT DEARINGS EASED ON CITY MON.16e *5W COR. BLOCK pl ASPEN DATUM PLANE A.M. PTYKIN COUNTY COURTHOUSE ELEH.79Ob.e0 11 6N TOWWOITE ROLe _— I na I _.00P CVrR14ANG J -- S UNOERp-UNp _ — ON re WER Na eA:lln.ICNT __ )NDOM I NIUM MAP OF ASPEN ALPS NORTH CONDOM I NI U M ASPEN, COLORADO PREPARED BY TZ-CO MANAGED MENTI INC. 505-01, N- pp / \ O �/ L U 0 O OO'! W l c R 5 ---- -- � LODE M9.8921 n 6DING eoe � 8 KJ.9® ►ASS 523 � _ 1 T I a.4O. PARKING W r Q Z 1 EXHIBIT �0 a.-.w-l2cYur•� �; CORNER 4 NEWRT MILL SIT e. OWNpres CCRTIPICATE LITTLE NML ^LPG A JOINT Vr .. CONSISTING' OP NEPSA ALPS, A6PGN OONerRUCTION CORPORATION 60TH COLORADO CDRrORATDN6, INO., AND AS 1V1 OF TNe NeRNN VEWX15KO REAL �ROPSRTY DOER HlRC?( CER- TPy THAT THIS MAr Of ASPEN ALPS NORTH WAS 6eEN mor4 PD PUROWNTTO OGCLARAT'^O fW {URRTEEO STATEp MTHE CONDOMINIVM 6 ANPNO ROW NORTH C CONooMINwM) DATED-laau�c DD �'i l AT PAGe 9�Z-ET Seq. P THE RD5 � T�� =T-aX 5TATE OF COLORADO SS COUNTY OF PITKIN IN e00K AND RECOVtVM OP THE COUNTY OF PITKIN , OP THe STATE Or COLORADO. THE FORG®OINO IN^JTRVMENT y'G6 ACIQ•IOWLEDD� DPIORE AY OF �Tie1.� M7S eV SLVF� '— may, LITTLE NELL ALM A JOINT VENTURE, ME THIS M PrteelDe+T ANO1Lcr`teedYa--�6 SOMeTAKY RegreCTrvlLY, OP NeP$A ALr6, INC., A C. f CORD ijUFZ1lEYOR'$ CERTIFICATE EW NEx6A ALM INC, A JOINT VENnOM Al. ORATION AND JOINT VENTURER OF IPTILe HELL ALP'S,c,�,�TO�OR AND AB THE Aar or THAT CORrORADOH AND ONO JOINT V5,mme. I, JAMGS P. RE , A REGISTERED LAND 5UK1=1 , 1T CERTIFY AS'OL- rue MONTH OF DECGMDrJt, 1972 ASURVE`C WA6 MADE UNDER MY ' WTTNCSO MY WND AND OFFKIA fd LAMG: IN DIRECTION AND 9UPERV1.01,1 OF THE FOLLOWING DE$CRIDED PROPERTY rRCSID4N'T MY OOMMIS010N I;OLPIR A TRACT OF LAND SITUATED IN 'THE. NW 1/4 OP SeCTION I/s rw RANGE 64 WEST OF THE fi rRPF IMPRCNE1"ENP3 W eVIDFNCe OR KNOIVH W ME AIM AOMNATELY SHOWN ON THIS MAP AND TWE MAP AOaIR.ATC.Y AND SIIDGTAN- .- �'. r NO NDUC TOWNSHIP 10 SOUTH GPAL MGRID I -A -NJ PSTKIN COUNTY, COLARADO, DEING MORE A9 FOLLOWS TMLLY OePICTOTHE LOCATION,y;IpjV..OdGLLAND VER1M MDVOUREryPl•1 S OPTNE euLLDIN6D,T COND UNITS �•" ;1' '�, .;' ,+ STATE OF COLORADO OF PITKIN 98 FULLY DE9CR1VE+ DEGINNINO AT A PRINT WHeNCG COItlJER NO. 9 OF ASPEN • THMr, i4 T1IGREIN,TNG UNR OWISNATIONG TNE/RDF TNe DIMENSIONSr-':-� OF Sao vNrt'8, AND THE ELEVATiOMO OF THE IRIPIN19E9 Rcvro ATTEST • COUNTY THE F'oR6601NG WOT eNi WAS ACKNOWLEDGED DF.FORa TOW/NSITe DGARS N D'�' 671 2Z° W 409.60 FEeT THWCG S 99' S7'22 G 110.09 FEET ALONG LItfL' 9-I AND CEILING$ AND THAT TNp MKYiAB ['I�PAIQD 9UP�EOLZNT TD TIIE SUE9TAMGL OOMRFTION Op rHeDvIaTE 0. geC ARV MC TNIS3>LDAY OP 1 DI.J6aHUFaRIcICJR/ A4 r1281DBdT AND AS �-:.. 9KRETART CORPORATION AOOIp- OF RAID TO WNSIT'E� THWCG S O6' OI 00" W 119.01 PELT TO CORNER N0. 9 N C rm: ygPR(ryQ�ENT90N THE AEOJE DESORI6ED PROPERTY �. CORrORATG SEAL RESPECTIVELY OF ASPEN CONSTRUCTION RADO COKr09AT10N AND JOINT VOMPMR OF LRTL NEL. ALM, OF TNC Ml,V LODG 1 USMS 1- P T AL.O r, T4IENCG S 00 a °J4.84 FEET ALONG rOR AND AS THE ACT OF TWAT CORPORATION. 122' rrT ILL OF SAJD M ``Y LODG 77O LINe.THE HEW TT'T MILL /ylp�E$ F. RESER L9.91B4 ESE CONSTRUCTION CORPORATON W ITNCSS MY NAND AND OFFICIA L. MY COMMISSIONE%PIRG5 ✓^� �---• ..BITE f uN 6SS5 CU�NPAT 1.10 FEE THEN.,- 9 16' 15' DO W 71.10 FEET ALONG LINE 6-7 TO CORNER NO. 6 OF SAID HEWITT MILL 9ITG' STATE OF COLORADO COUNTY OF PITKIN C ';� Tf .46rB.1 �TARY ������ THENCE N 60'90 0, W 60.76 FELT ALOHA LINE 6-5 D-S OP SAID M�LODE T,4C FOREGOINS' SURVEYOR' CERTIPICAIE WAS ACIOJQV- 'L ff ,.1*i'I ,' ��\///��'// aw PUSLIGPUSLIG RECO2DER15 ACCEPTANCE of SAID HewITT MILL 917ETO LINe THENCE N09'OO'OO" W I2• PJO FEET THeNCe N20' ID' OCi W 11.00 FEE'�f LGDGED BEFORE METHNJ�' L1�-DAY OPT ��]d• v 197y, By J/1MIE$P. ICD OFF ARESIDT'ERF� LAND 9URVEY0F MY HI�NO AND OFrICIAL SPALTHI$-�'bA'�' o::.:.. i!'s ..I • v :� {I V~N�P.81N R J61[•, �RC"-91�eN� CLERK AND OP THE CLERjjjCCC ANO RECORDER THENCE N79. 05' 00° W 85.72 Peer• THENCE N Id OU W' E 299.97 feE-t TO THE POINT OP LE68. rtNE'.fI - e6 r}., I ••7 1 1� .._ "j,: "i•l U.•� ACCEPTED FOR PILIN9 IN TLIE OFFICG OF YHC -COUNTY OF I EOF COLORADO Al OCLOCK Q.fTI„ OP IN PLAT GOOK AT m6e /t�7 DEGINNIN's, CONTAIN I NO O.D14 ACRE5 MORE OR OUILOW S9 ALL Or MY MI O,JI _ ATTEST: TH19 �L--DAY ,1979, %1 t AND A THRM SIDRY EULDING CONNFCTE.D TO T Wv Imi SIORy TNe AOGRPGATE OF WHICH N'1rR16E4 slx LcveG9 pr OerNS11lD%71�/1 NOTARY NDLIC ''y i .' ' p4 y�, ..-I'' .✓//� //CC i-/AAiF-v k. FRV'le CONQIRUT-TION yrpQ idN•p 1b OE.W�T®WITl11N THE 00VN(YICY LINF$er BVDAOOFE DFJ3t'RIOm PROrHCIYM OIMSNSIONS DQ11`IGR� uNE`J. MLOINta3ANo OrY1$ �- _ eTARY �'^ t CLERKOR AND RGCDE _ ,c .ypNN pN r11Y! RF,'Me IOCAnaN AND - RPORATE ..AL) /jfOc*I W5 G � 1 •'! O. a 0 IS4 II 'M.t II II RR. lL1V. II I' II II II ,�T,. to e � e�ao n II Lce. II d T io a II II ss II a_K q II I C.K rLR aLeV !a6 I; 2AA II II II aw +T9. se II II I I II i II II I II I n p II GKB I N i .arl ear � CN. II II U.aR.4 I II iRi�e� ur �.s'�' q3k.' I� A R cw. L L-- _JL_JLe _ JL_-_ ��N 4i - I C Puc aLCR I II II r fX. I ff JL - 161 f II gpyA ♦ s.s 03� • .! 1 4oa 4 0]0 M 1 9e Ir .t co I; Q s --= 53 up r I cam. II II cx A Q - K Ta DNtI.rA DN I ueiwu cX a I 4+9 °iar a z44S" 4 - °--�--I 1 I^ u 4� N Tii- va II r es. s+s t r: r q U n �R a -,p��. �♦ jl cH. II ! II 5.4.•.i vP d/• LcaT S u�.L_w 0 1 ONCzd1 4 T Dube II OM II I U a 44 \ 3RI .•.Y V -III DOILY! 1 - - _ cH. Y 1G_G. I I III • I� I'.4 7A.4 dlSa r�i d-IL--JL- '!�g p li s4. II II 1O - -_- r s.Ts it = ua UP !l ems. }M fL� ILA nid - ii� a it uts .! t r u►a h 1M. p_JL II a,I N IC11 ec i a A ,.s ;Ha h Ij II a a00� II 4H. 1 �I 4 p 1. aD DN T 4M ♦ 4u _ T K• SAI ,a a cor•VION WTORAASE •� ��`�r' - e:r .� h II II II 9.e 1 II _ I U U g t ��ra. g I•uu.w.Iv as s 016 t a.c.e �9R0 x 605 cwa H h 1 II rl a av us 7 4ee T rsa aa.uc BW i iosi Hog g yy Bog .u�aw. • U II j II ,�T�.sa 805 'I ft� op T♦al.f<, rv+ H3D8 t Lc.e 80G '! _ cH Sa we U'I m 1 g el • L---- �- PART 60I seCONO LEVEL OP UNIT002 u� LOWE5T LEVEL THIRD LEVEL 9� FOURTH LEVEL TYPICAL CR055 SECTION UNITS 801 806 90:I�O NOTE: ALL PLANS SC: Ir=101 TOP LEVEL LEGEND •-STEEL PIPE COLUJ-Iq LCL- �TRD M+M?16NyevT aC4alH R4A�COnr�P� CIOTIIT =3ell�wa aUHp �MIGNANI</LL ILU■ I� E FIFTH LEVEL less SO Go 20 2p (0.0 2.0 2.6 4.0 s e is > T 22a s 4 .4 D3 6.3 36 Y Ni g 93 9.3 Is Y 4.0 6.2 2 2.5 FRONT 603 jek 7 BIDE 605 SIDE BO7 FRONT 8044606 SLIDE b SIDE 604- FRONT160-1 2- FLR. 510C 2.0 60 2.0 4o p.o IQp � 5 s S.2D P-) •41. 1.7 UNIT 006 E-2. Mee 3.b 63 0.0 .ONLY 96 ?3 i4 .3 22 De -� FRONT 801 q 605 BIDC b01 BIDE 805 FRONT 602h 004 BIDE AO2 SIDE 600 FRONT 609 1*T FLR. SIDE FlR ---- r- ELEVATIONS Ba: l°= ' 34IEET2oP2 71 ----"L r car 6F '1 SCHEDULE CIF TREES • TK E N. RE.-r_�. Y Alpp4m Surveys, k?C. % 39n, Cdcwa : ark• W2 919 1.-658 'REPLAT OF 1_0I 2, M,05" LOT SPLIT CA LOT LINc' ADJUSTIMENT) AND FINAL SUBDIVISION I✓Lr�i: TEE L7 VI JL P M1411C� ELL AND H. A. BORNCiIr�.D: JR. PROPERTY •: L -�,; y r s�$J I�IOr svC�1=i :ice SECTION ;" TOVWNSI< 30 Sr i . EXHIBIT 9AkNGE SA 'WEST Cf TiriE 6a, PR,: MC:FA\l M' ER°.r' 1-1, P71KII r ti0 . 3Y, CC�.RA,Dfl ,7, NOTE K,✓��F 0.q�,tirc � L PR-1-2',i..'+P. \ ' tic tzlS �� tLNE• N ti '.4 :- , rT 1 LOT 2 N -- Z- Y. J 25. i _ -- -r'--}'- SURVEYOR'S CERTIFICATE �- �� 'a CERTIFICATE OF TITLE P ' V_V - ... 1v�i j . T a.KIN E.rK _ ..-- ---------- DEDICATION _ 4T FRyc e R-E �r �Tc ti EC% -IF7-E C___c3E a .4_ 'RVLR^_ �ri�i •r • °:,� �'NEr :a pis v,�"., 1.a._e PT s -C.CC r.s 5:. aw V -- =C� a /s .,f F .L ti• 41[ r c E-.i.-` tler - � �K- P•.�`_L Re:.C,RJEG --E ``.�T—T^ b a ^' '_ tvC : +'s^E*i a•_P: 17L-F. •'C --vsLf B a 99 C'PJ2` °lam G•--------- ASPEN CITY COUNCIL APPROVAL AND ACCEPTANCE - c F'_ a ELYtrm r • K D r%Ic'^r. A � _..✓•.�= rrT 3'„R.IIE''G..^ ` ��"! A.�1_Z V-Xk.?..T ✓P.'� �'N] YC:Vr: ANC a7'2' - R 3v +YKt :-t^..rt' 2 'r tC MMP A^0 AF^<0!C Jt_'X-DOJ . N -HL Gc7), DtY CT 01a Ia�.c .. :`�C•'�G 'C .^ ?Ra^ St�E3 :F M_ 1tJ_-`nG'iEC+'+-��_64YOF��•.'Y4��.-: ,x• PLANNING AND ZONING COMMISSION APPROVAL _ . rE -., T a - + -c z: ul* 'K 4, z v�{{< L- 5f A 9..'F'- �"bti0!., vl t.t. E c 53.1 f'.r• P..a"' P_&r Tr-. P 3- stl� -, e tEL �^ i r'J ?Y.<K t•SE •t 'i Z-= t �-• i f'l.C.�'=.w t.R. rtr.7 2T v 'QT•,v a �•!c IJG rT ,ti 7f fr •_-�•N cp Mac 'TC •5 +. 1JJ}.C`�f �C,.R�^r_; �f yf-= `}, 7 -c21 F'�C:ay f� 7C�,yT-r: .Oi- P.rPR�.�.�r•! ' J E ?¢EE C -i E CE `••C 4E1 _>- Cf 7 - t .`.P . S•'..•; 1n`+- 7C-Ra:.-•IYc+:- i CITY ENGINEER APPROVAL -F-t,• M-l_'t-Ei..'Z lC--" WAi !-^'tLGrT ��.yT-CR^E r r Ahiv fl ..... �4 J•a .10 il [Tr_ L. ri_ 'r E IS -z -r,.t. �TY;•i'th'Ert.+=r'•L F_c r _ a '' a s'• F i' ! j E[ ITi__ 7J r -t JE ;Z= :.: Atir ^�L ,v R - -^�t ti e T t ram` �c �iR Pig:-tL .,F F E T. _ •tit Y7 t �'__�_ ._ ' - -`-- �_ �,ere,-'rt;. '=ei+-tee' *•r'...e-- ---7 ..a----- -v �7f2 Yam. tle ------- Sry T ' F ---- 15` _ r+ - t ; -tT • _ ( AID- —----------- ---- K.ANINING DEPARTMENT APPROVAL , NOTES: T R= xt•IrV.4 Tt^2VF~i: BHT f l'i� ; !Jt_ yE i . L s �_ 7 2 ;C, `_c rcRC7N. - C.. IQNFZ' T JP' . -. - ?.. i (?�sc f -h9 xt s_ U'w5 t1_ i. F= • —' ,,, +,W; 4� W,-Ki r.-[PN"CaY e=•. Cr^�. hL-'CIS vR. �F ^•4'.E'� ?AY (:�✓� 1 ar:C �'�C:R'' ..tnr SitTct � w : r 3- • CLtSy L 'N^5..�.^E?.rL"Ic FLR;:' T-C eh i� .y T c „12i^f ,1:, f'tiC�'V F@.0. Llt=—;5't,`a''..6 La ----_------------ � 7!T#CN�,9{•r �p n Stm k 40 c.'-I REPLAT OF LO 2, MOSES LOT SFUT cast � a CA LOT LIME ADXSTMEN) Mr-0 FINAL SUBDIVISION PLAT Or MITC'HELL-SORNEHLD PROPERTY 9 A j E[ ITi__ 7J r -t JE ;Z= :.: Atir ^�L ,v R - -^�t ti e T t ram` �c �iR Pig:-tL .,F F E T. _ •tit Y7 t �'__�_ ._ ' - -`-- �_ �,ere,-'rt;. '=ei+-tee' *•r'...e-- ---7 ..a----- -v �7f2 Yam. tle ------- Sry T ' F ---- 15` _ r+ - t ; -tT • _ ( AID- —----------- ---- K.ANINING DEPARTMENT APPROVAL , NOTES: T R= xt•IrV.4 Tt^2VF~i: BHT f l'i� ; !Jt_ yE i . L s �_ 7 2 ;C, `_c rcRC7N. - C.. IQNFZ' T JP' . -. - ?.. i (?�sc f -h9 xt s_ U'w5 t1_ i. F= • —' ,,, +,W; 4� W,-Ki r.-[PN"CaY e=•. Cr^�. hL-'CIS vR. �F ^•4'.E'� ?AY (:�✓� 1 ar:C �'�C:R'' ..tnr SitTct � w : r 3- • CLtSy L 'N^5..�.^E?.rL"Ic FLR;:' T-C eh i� .y T c „12i^f ,1:, f'tiC�'V F@.0. Llt=—;5't,`a''..6 La ----_------------ � 7!T#CN�,9{•r �p n Stm k 40 c.'-I REPLAT OF LO 2, MOSES LOT SFUT cast � a CA LOT LIME ADXSTMEN) Mr-0 FINAL SUBDIVISION PLAT Or MITC'HELL-SORNEHLD PROPERTY 9 A EXHIBIT � l2 1 1 1 1 1 1 1 1 1 1 1 1 1 #348316 09/03/92 16:22 Rec $60.00 SK 687 PG e95 Silvia Davis, Pit1:in Cnty Clerk, Doc $.00 SUBDIVISION AGREEMENT FOR THE REP AT OF LOT 2. MOV5 LDT 5Mn (A Lot Lh* kdjtrstoient) THE GF-ORG P MrrCHELL AND H A BORNEFFTJ2 ►R PROPF_RTY THIS SUBDIVISION AGREEMENT is trade and entered into this L t day of u VT-- 1992, by and between MOSES ASPEN VIEW HOMF3M, INC., a Colorado corporation ('Moses Aspen View') and GEORGE P. MTI CHELL AND H.A. i BORNFFELD, JR. ('1itche1l/Bornefcld') (collectively `Ownrrs') and THE CITY OF ASPEN, a municipal corporation ('City). ! W ITNESSETH: 'I WHEREAS, Mosea Aspen View owns that certain real property located in the City of Aspen, County of Pitkin, State of Colorado, known as Lot 2, Moses Lot Split, according to the plat thetieof recorded in Book 19 at page 93 of the Office of the Clerk and Recorder of Pitkin County, Colorado; and WHEREAS, Mitchell/Bornefeld own that certain real property (the'Property') bated in the City of Ashen, Cointy of Pitkin, State of Colorado, a complete metes and bounds description of which is attached hereto as Exhibit A; and WHEREAS, on June 8, 1992, the City Council of the City of Aspen ;ranted approval pursuant to Soaion 24-7-503 and 24-7-1004 of the Municipal Code of the City of Aspen (the 'Code) for the Replat of Lot 2, Moses Lot Split and the Subdivision of the Property (set Ordinance No. 31, Series of 1992, a copy of which is attached hereto as Exhibit B); and WHEREAS, ft approval of the Replat of Lot 2, Moser Lot Split and the Subdivision 4 of the Property, waa conditioned upon Moser Aspen View and Mitchell/Bornefeld complying i with certain requirements, including the entering into and execution cf a subdivision agreement for Lot 2, Moss Lot Split, as teplatted, and the Property; and WHEREAS, Moses Aspen View and MitchelllBomefeld have submitted to the City for approvalrecordation , execution and rordation a plat for the Replat of Lot 2, Moses Lot Split and the ivision of the Property (the 'Plat-) and the (Sty agrees to approve, execute and record the Plat on the agreement of Moses Aspen View and Mitchell/Bornefeld to the matters described herein, subject to the provisions of the Code, the conditions contained herein and other applicable rules and regulations; and t WHEREAS, the City her imposed conditions and requirements in conne lien with its approve, execution and acceptance of the Plat and such matters are . •rssary to protect, .t promote and enhance the public heath, safety and welfare; and WHEREAS, Moses Aspen View and Mitchell/Bornefeld are willing to enter into such + agreement with the City. NOW, THEREFORE, in consideration of the mutual covenants contained herein and i the approval, execution and acceptance of the Plat for retardation by the City, it is agreed as follows: i i r i :/f-si.6V+ltiSs:+`+,,.or+.msa••_7— _ �....y _ ..:,r...." ...�...••�-�c:.�_-yb;.�s,{:. 41 u r'tJ Af,�i�i�R-x:.t-u�w.K-�_;.,a�.c�.rH: �.v �•--� ;+��' 834B316 09/03/92 16:22 P.ec S60.00 9K 687 P3 896 Silvia Davis, Pitkin Cr,ty Clerk, Doc S.00 1, *��rriotion of the Rrolat and Cubdnislon. The Repiat and Subdivision which the City Cri incil approved consists of three (3) pa eels. Lot 2, Moen Lot Split, and a portion of the Property, have been approved and icplatted as the Replan of Lot 2, Moses Lot Split as shown on the Plat The balance of the Property has been further subdivided into Lots 2A and 2B as shown on the Plat. :K.' r.t -.:• 2, Acceotance of Plat Upon execution of this Agreement by all parties hereto, 1A. + ti and upon approval of the Plat byy the Engineering Department and Planning Office, the City v agrees to approve and execute the final Plat of the Property submitted herewith, which !••i conforms to the rreegqtriremenu of Section 24-7-1004 of the Code- The City agrees to accept such Piet for recording in the Office of the Pitkin County Clerk and Recorder upon paymeat of else recordation fee and costs to the city by Moses Aspen view and MitchelUBornefeld. _. .�. A reduced size copy of the Plat has best approved as past of this Subdivision Agreemrnt and _,?:•:_rt - Nt is attached hereto as Exhibit C. 3• pyhfir tmnrovcm-MU Ud Land Dine. The Rc+'at of Lot 2, Moses Lot Split :•_ and the Subdivision of the balance of the Property : tvolves no public improvements or j •( landscaping. C" - 4. Restrictions. Lou 2A and 2B of the Property art hereby restricted pursuant to the provisions of Ordinance No, 31 as follows: � s._. (a) The floor i ma, bedroom ashall nd density attributed to Lots 2A um Unit ".a 2B all not be utilized b the Aspen Alps Condo Owners for purposes of increasing the floor area, bedroom ' number or density of existing or future Aspen Alps ,.� Condominium Units; (b) No further development or additional lot area for floor area, bedrooms and additional density or major new recreational facilities t:uch as tennis courts and swimming pools shall occur on said Lob 2A and 2B; . r (c) Parking along the A Alps South Road shall only be allowed outside the twenty (2�foot paved road unless approved by the `. i Eire Marshal of the City of Aspen; and (d) In the event either Moses Aspen View or Mitchelltide o or F ?_ Lb-- Aspen Alps Condominium Association acquires title to l '' Government Lot 42, Section IS, Township 10 South, Range 84 t, 1 West, of the 61h P.M., asdepicted on the Plat, such party shalt ' restrict said Government Lot 42 against all development. Thine Revised Mitchell Homesite• parcel shcmr. on the Plat shall not be entitled to utilize any additional floor arts due to the increase in lot size over and above that allowed the parcel as j originally described in Book 256 at page 812 in the office of the Clerk and Recorder of j Pitkin County, Colorado. 5. giM. All material representations made by the Owners on 1 record to the (Sty in accordance with the approval of the Subdivision shall be binding upon the Owners, their successors, assigns and personal representatives.•:. N, k' f� ,...y �::. Lf 1 - t 1 1 740 .•'4$�a1yy-'i1.�.•tirr.i.%�6'�2i6'N..fs:n.�q�S.iT/a.'.r�+rw` —• `W�ti4:�� 0348316 01/03/92 !6:22 Re c $60.00 RK 687 PG li9T - Silvia Davis, Pitkin Cnty Clerk, Doc $-00 ca 'Lti 6. , In the event the 6ty determines the Owners are not in substantial compliance with the terms of this Agreement or the Plat or Ordinance No. 31, the it City may serve a Notice of Non -Compliance and request that the deficiency be corrected N within a period of forty-five (45) days. In the event the Owners, or either of them, believe her , that theyart in compliance err that the non•oDmpliarce is insubstantial, the Owners. of themay request a htaring before the City Council to determine whether the alleged + ` nor�compiiance exists or whether any antertdm mi, vznarm to extension of time to comply 1 should be granted. is request, the City shall conduct a hearing according to standard prOeodures and h&e such action as it then dims appso ua The City shall be entitled w all ru ;es at equity am at law to enjoin, correct or receive damages for any non- ,err compliance with this Agracmcttt. { ' 7 Notices to the parties shall be sett''jy the United States Certified i Mail, Return Receipt Requested, Posaagge Prepaid, to the addnxses set forth'te3ow or ed any _ . Other address which the parties may substitute in writing. Such notices shall be deemed. Lr :j received. if not sooner rextved, three (3) days after the date of mailing of same. }.. .n� To the Owners Moses Aspen V:ew Homesite, Inc. 150 Glover Avenue Norwalk, Connecticut 06850i_ With a copy to: Michael L Herron, Esq. Wield & Hecht ] Fit H man Avenue t `'s 60 Y ., Aspen, Colorado 81611 { George P. Mitchell ' & De,�a mutt cow. Mitchell Energy oP 2001 T•tmberloch Pierce The Woodlands, Texas 77380 c' H.A. 13ornefeld, Mitchell Er'--w & Development Corp. S rioch Place _ 2001 15mbe -?'r The Woodlands, Texas 77380 V _ With a copy to: Leonard M. Oates, Esq. 1 Oates. Hughes & Knezevich e 533 Fist Hopkins Aspen, Colorado 81611 a To the City of Aspen: cio City Manager As South Gakna Suit Aspen, Colorado 81611 With a copy to: (`t of Aspen Attorney 3 South Gakna Colorado 8t beet r j 8, aindine Effect. The ions of this Agreementsl be binding on and enur11 11 run with and e, i a burden on said Lot 2, Moses Lot plit mid the 1'mPeTt9 ` 3 { r► e� c III'' 1 75 034B316 07/03/92 16:22 Roc $60 0-0 BK 687 PS VN Silvia Davis, Pitkin Cnty Clerk, Doc *.00 ti to the benefit of the Owners, tkir -=M= and 210PS and to the City, its successors and assign. 9. Amend ML Tlis XVMMWA nuy be alto W or amended jointly by WTi= instrument executed by all parties hereto with the &Rffg formality as this Agreement is executed. ti 10. SMMBWb If any of the provision of this Agr=rwmt WC determined to be inwid, it shall not etTect the remaining provision hereof. IN VMj;ESS wRmREOF, the parties hereto have Mcuted this Subdivision V Agreement the day W year first above written ATTEST: crry OF ASPEN, a municipal corporation By' I.Ri mayor APPROVED AS TO FORM: MOSES ASPEN VIEW HOMESrrP' INC., a Cotorldo corPoratiols -V 4 1 1 1 1 1 1 #34S316 09/03/92 16t22 Roe 060.00 BK 637 PS 899 Silvia Davis. Pitkin Cntv Clark, Doc6-00 1-41A6e4'W -F STATE OF C(M(ir kL , - � is. COUNTY OF PrfKIW ) Ws iftgrun-,Wt is hereby acknowledged before rw this day of fC 1992, by Leon Hirsch is President of Moses'3M R WIMM my hand WA official SMI. C3 My commission Nbtary PuMic. STATE OF TEXAS COUNTY OF HARRIS This iftAmmml is bmil OcknOwlc4ed before me thi,�L� day of �1 1992, by GeoW P. Mlt&411- WIVwn my hand and official &W. My commission elpi=:Oc�c{ cem &W00y am pwk SM d bm AIMM 3r1r9M SL COUNTY OF HARRIS ) This* &cknowled before rw this _Z�day Of 61'2'h;qA. =Jd�lr- A+"tvsr.m =-Y-b:5 " offivill 9-1- my commission evirts: ct INN. 1 1 1 1 1 1 113 N -7�; 1 1 1 1 1 1 1 1 1 1 #348316 09/03/92 16;22 Rec $60.00 SK 687 PG goo Silvia Davis, Pitl:4n C-nty Clerk, Doc $.00 EXHIBIT A tractof land situated in Section 18, Township 10 South, Range 84 West of the 6th more fully described as follows: Beginning at a point whence Aspen Townsite Corner No. One bears South 39*35'30' Eau 321.70 &d and South 29*28'00' West 93.91 fZd*, Thence North 38135'30* West 223.91 feet; Thence South 50*15'00" West 102-08 feet; "Meow Nath 39'56'30" West 51.36 feet; Tbenoe Smith 49*49'00* Wes'. 80.47 feet; Thence North 39,52'04" West 96.21 feet; TU== North 26'22'42" West 34-69 feet; Thence North 13:511001 West 47.51 feet; Trimoc North 28 3.4'00' East 57-6D feet; Thence North 39*56'30" West 5.50 fret; Thence South 67*16'59* West 40.09 fezt; Thence North 72109'37* West 44.49 feet; Thence North 49'47'51" West 79.80 feet, nkT" North 70-09-49- West 72.21 feet; Thence South 14*43'47" West 10.34 feet; Thence North 80*30'OD' West 90.75 feet; Tlm= South 44*59'00* West 67.30 feet; I hence South 04 M'00" West 593.34 fret; Thence North 43*29'r)0" East 112.76 feet; Thence South 43'46'(;0* Fag 207.95 feet; Thence North 45*00'00' East 69.36 feet; Thence South 43*46'OD* East 5.00 feet; Tbm= North 45*00*00' ELK 170-64 fc&4 Tt== North 21-32 fee along a curve to the right having a radius of 48.60 feet (the chord of which bean South 58*40'14" West 21.15 feet); ncoce North 45*00'001 East 243.38 feet; rm= South 45*OC'00" East 127.37 feet; Tlz n North 53'51*00' Fast 152-24 feet to the Point of beginning, EXCEPTING THE FOLLOWING PARCELS RECORDED TN THE PITKIIN COUNTY CLERK AND RECORDER'S OFFICE; Buildings A, B and C, Aspen Alps South, as the sarne are shown on the Condominium Map recorded in Plat Book 3 at e 54 and the 700 Building, Aspen Alps South, as the SUM is Shown on the First pag Supplement to Condominium Map of Aspen Alps South recorded in Plat Book 3 at page Lot 42, - 373; the Mitchell House Site as described on the Plat, and Government I Section ig, Township 10 South, Range 84 West of the 6th P.M. V�q e EXHIBIT #332013 12/18/92 14j23 Rec $45.O0 8K MM PG 141 Silvia Davis, Pitkin Cnty Clerk, Doc f.0O - ORDIWA= No. f 1 (SERIEs Or 1!!2) AI ORDINANCE Or THE ASPEN C1" CODICIL GRANTING SURDIVIBION FOR LOT 2 Or THE 1O2E8 LOT SPLIT, E LOT LINs k=8TX13,T BETSEEI THE KITCHELL PARCEL AND TIE 1QTCIZLL/NORX%r1W PARCEL, AND VESTED RIGHTS FOR s040 GRMMLIIE REVIEW, iWTMMSION, AND THE LOT LINE AD7DSTNENT ALL LXMTED ON ASPEN ALPS SOOTS ROAD, CITY AND TOSISITE OF ASPEN IiHEAEAB, pursuant to Sections 24-7-503 and 24-7-I004 C of the Municipal Code the applicant, Moses Aspen View Homesite, Inc., the Aspen Alps Condominium Association and George Mitchell have .w submitted an application for subdivision of Lot 2 of the Moses Lot• Split and a lot line adjustment for the Mitchell parcel and the Mitchell/Bornefeld parcel all located on the Aspen Alps South Road, ?, City of Aspen; and 11$EpMRS, pursuant to Section 24-6-207 of the Municipal Code, the applicant has also requested Vested Rights of the subdivision and lot line adjustment and 8040 Greenlins; and "%- WHEREAS, at a duly noticed public hearing hold April 7, 1992, the Planning and Zoning Commission reviewed the 9040 Greenline and i Subdivision proposal; and m the e COMISSion approved the 8040 Greenline review (see Commission Resolution 6 (1992), Exhibit A attached hereto and incorporated herein); and v 11HE7tEAS, the Commission also recommends to the City Council subdivision approval for Lot 2 Moses Lot Split; and - WHEREAS, the subdivision of Lot 2 eliminates the floor area cap of '-?+• 3,800 square feet that vas originally imposed upon Lot 2 during they 1987 Moses Lot split; and WHEREAS, the applicants have offered to voluntarily prohibit all future development on Lots 2A and 2B of the n3w subdivision �s as created herein, consisting of approximately three acres of valuable ` ' open space and an existing tennis court area, in exchange for the t' a•X_< City granting permanent vesting for the development of a 5,000 square foot (allowable floor area) residence upon Lot 2 within the subdivision; and ==' •-0 - i W331REA9, the existing underlying zoning for the >-_. subdivision allows for the construction of a single family residence of 5,000 square fast (allowable floor area) on Lot 2; and WHEREAS, the City Council has determined that the neighborhood and community at large will derive a significant benefit from the 1- 1 1 1 i 1 1 1 i. 1 1 1 1 1 1 1 1 i #352013 12/18/92 14:23 Rea $45.00 BK bqp PG 142 Silvia Davis, Pitkin Cnty Clerk, Doc i.00 permanent preservation of remaining open space within the City; and WHEREAS, the City Council may grant vesting of site specific development plans r foperodsevant in excess of three years where warranted in light of all reicircumstances in accordance with C.R.S. Section 24-58-104(2); and WHEREAS, subdivision and lot "no adjustment were reviewed by the City Council. NOW, THMETORE, HE IT ORDAINED by TIE CITY COUNCIL OF THE CITY OF ASPEN, COLORADOS Ae_ That it does hereby approve the !cows Lot 2 Subdivision as recommended by the Aspen Planning and Zoning Commission consisting Of Lots 2, 2A, and 23, Aspen Alps south Road, City and Townsite of Aspen subject to the following conditions: 1. Simultaneous with the retardation of the final plat, Lots 2A and 2B shall be conveyed to the Aspen Alps Condominium Association subject to deed restrictions in favor and for the benefit of the City of Aspen permanently prohibiting any future development on said lots. Further development 'shall include the application or crediting d the lots toward additional lot area for floor area, bedrooms end density purposes for all exists Condominium Association build n9 or future Aspen Alps development shall include additionalofloors area 2H, further density or major new recreational facilities such as tbennfe courts and swimming pools. The deed restrictions shall be reviewed and approved by the City Attorney. 2. A final plat and subdivision agreament shall be filed within 180 days of final land use approval by the City Council in the Pitkin County Clerk and Recordars office. The final plat shall be reviewed and approved by the Engineering and Planning Departments. ;. The final plat shall depict the following: e• Lots 2, 2A and 2B; b. that Lots 2A and 2B are restricted against any further development or additional lot area for floor area, bedrooms and density purposes for all existing and future Aspen Alps Condominium Association buildings. The documents restricting Lots 2A and 2B shall hR referenced by the Book and page number. C. the new access onto Lot 1 looses Lot Split; d. graphic description of the zoning designations for Lot 2; 2 rt- A N. 8352013 12/18/92 14:23 Rec 945.00 SK 698 PS 143 Silvia Davis, Pitkin Cnty Clerk, Doc $-00 - no parking allowed along the Aspen Alps South Road unless approved by the Fire marshal; f. an easement indicating Lot 2 access off of the Aspen Alps South Road. -th 9 all improvements on Lot 2 including the P"tire leng - Of the actual access road and the revised access easement including the roadway surface; h. the contents of the final plat must meet sections 24 -7- be a 1004-D.1 and -D.2 of the Municipal Code. There must statement by the surveyor, either in a uurveyor's certificate or in a general note, that all easements of record have been 12 shown on the plat. The date must be within the past months; i. in the event any of the applicants obtain title to the USFS Tract as depicted on the plat they shall dead restrict development. Said deed restriction se.id tract against all shall be in favor and for the benefit rk the City of Aspen ;.d SIM 11 be approved by the City Attorney. easement to Lot I Moses Lot Split 4. .,he width of the access a& (201). across Lot 2 shall moot code requirements TI-At it does hereby approve the Lot Line Adjustment between the Mitchell/Bornefold parcel (to be conveyed Mitchell parcel and the Condominium Association) an Asp" South Road to the Aspen Alps - - - - with the following conditions: -- I -- P. 1. The lot line adjustment between the Mitchell parcel and the be conveyed to the Aspen Alps Kitcholl/Bornefold parcel (to final subdivision Condominium Association) shall be depicted on the plat for Moses Lot 2. ' 2. The final plat shall contain a note stating that no additional floor area shall be granted due to the increase in lot size of the _ Mitchell parcel. on 3: That it does hereby grant Vest*. Rights in perpetuity for this Line Adjustment, and 8040 Greenline including a Subdivision, Lot 5P000 square foot single family residence (allow -able. floor area the . which includes exemptions allowed for inChapter 24 of Municipal code) as approved by the Commission on April 7, 1992, (please see Resolution 6 (1992), Exhibit A attar -hod hereto and incorporated herein) with conditions as follows: 3 0 0 ' Ar!r--tl IAl atS C g352013 12/18/92 14,23 Roc $45.00 BK 69B P6 144 ^r .� Silvia Davis, Pitkin Cnty Clark, Doc S.00 -' 1. Any failure to abide by the terms and conditions ►/�i attendant to this approval shall result in forfeiture of ;•�!: ter% said vested rights. Failure t0 timely and properly record all plats and agreements as specified herein and _ or in the Municipal Code shall also result in the, FY forfeiture of vested rights. 2. The approvals as granted herein are subject to all rights of referendum and judicial review. -- 3. Nothing in the approvals provided in this Ordinance shall -a ,• exempt the site specific development plan from subsequent: reviews and or approvals required by this Ordinance or the general rules, regulations or ordinances of the City ?1 a '" provided that such reviews or approvals are not inconsistent with the approvals granted and vestesl herein. E 4. The establishment 'herein of the vested property right shell not preclude the application of ordinances or = regulations which are general in nature and are applicable to all property subject to land use regulation =' ar. by the city of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. in this regard, as a condition of this site `�*" a development approval, the developer shall abide by any ' and all such building, fire, plumbing, electrical and c- a Fc. mechanical codas, unless an exemption therefrom is C "" 01 granted in writing. z a+;;rF $aotioA 4 t The City Clark shall cause notice of this ordinance to be publishes? . in a newspaper of general circulation within the City of Aspets no days following final adoption hereof. later than fourteen (14) Such notice shall be given in the following form: F; ='.. =' Notice is hereby given to the general public of the approval r of a site specific development plan, and the creation of a vested property right pursuant to Title 24, Article 68_ Colorado Revised Statutes, pertaining to the following - Colorado R ... described property: _ The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. �t If any section, subsection, sentence, clause, phrase or portion of is for any reason held invalid or unconstitutional : K this ordinance by any court of competent jurisdiction, such provision and such holding ahall not affect the validity of the remaining portions ;,- Own `x N _ ice., _ �,, f T _ l_ y. :•`'• •—y� +..T. r-1" � �. . _ � �C. •�... ��,N,�Y"e�-t'�.! � ° .c �ti���%r is iT1��t,. �A•��r���r �' *' e ���� �'�: �1` � d. 1 1 1 1 1 1 1 1 1 ....... ... 83.52011 1-2/18/172 14,.23 ROr $45.00 $,00 BK 6" PS 145 Silvia Davis, Pitkir' C.ty Clerk, Doc thereof. 06 isting litigation and shall not effort any 81 now pending ;hall Proceeding This ordinance r- t,,,,t of any action Or amended as he -rein not operate as an a]: by virtue of the ordinancaa repealed Or under or shall be conducted and concluded under such provided, arid the sane prior ordinances- f. hold On the g on the Ordinance S11511 be held Chambers, Aspen city A public hearing day Of/x at 5:OD P.M. in the City Council prior to which hearing a days pr A fifteen (15) Hall, AMR CZolorado, sane shall be published once in a newspaper f. public notice Of the within the City of japen, general. circulation v Of by as provided by law, MW ORDIRZO PUBLT ay of 74. city of Aspen on the _ja tjP',City Council of the 1992. John Sennett, Mayor 71 ch city Clark V. adopted, Pas rl day of sod and approved this l.992. John Sennett, Mayor S AI EXHIBIT 1� 7 ORDINANCE NO.28, (SERIES OF 2001) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A PROJECT PRESENTED BY THE ASPEN ALPS CONDOMINIUM ASSOCIATION FOR A CONSOLIDATED PLANNED UNIT DEVELOPMENT, REZONING, SUBDMSION AMENDMENT, AND GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION FOR LOT 2B OF MOSES LOT SPLIT AND A REZONING OF THE LANDS WHICH INCLUDE LOT 2B, THE 300, 400, AND 700 BUILDINGS OF THE ASPEN ALPS, AND SURROUNDING LANDS OWNED BY THE ASPEN ALPS CONDOMINIUM ASSOCIATION, WHICH ARE CURRENTLY ZONED EITHER R-15 PUD OR CONSERVATION TO LODGE / TOURIST RESIDENTIAL PUD (L/TR PUD)THE ASPEN ALPS CONDOMINIUMS, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2 73 7-I 82-56-004 WHEREAS, the Community Development Department received an application from the Aspen Alps Condominium Association (Applicant), represented by Alan Richman, requesting land use approvals for a consolidated planned unit development, rezoning, subdivision amendment, and growth management quota system exemption for the construction of 3 employee -housing units and a two level sub -grade parking garage. The property on which the construction is proposed to occur is described as Lot 213 of the Moses Lot Split, City of Aspen, Pitkin County, Colorado of the Aspen Alps Condominiums; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Waste District, City Engineering, Building, Fire, Streets, Housing, Environmental Health, Parks, and Water Departments; and, WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Department recommended approval for the proposed land use requests for Lot 213 of the Moses Lot Split including a consolidated planned unit development, subdivision amendment, rezoning for the lands which include Lot 2B, the 300, 400, and 700 buildings of the Aspen Alps, and surrounding lands owned by the Aspen Alps Condominium Association, which are currently zoned either R-15 PUD or Conservation to Lodge / Tourist Residential PUD (L/TR/PUD)from R-15 PUD to = PUD, and GMQS Exemption; and WHEREAS, the City of Aspen / Pitkin County Housing Authority forwarded a recommendation of approval, by an unanimous vote of six to zero (6 — 0), to the Planning and Zoning Commission to approve the proposed three affordable housing units for the employees of the Aspen Alps Condominium Association; and WHEREAS, the City of Aspen Planning and Zoning Commission forwarded a recommendation of approval, by an unanimous vote of five to zero (5 — 0), to the City Council to approve the consolidated planned unit development, subdivision amendment, rezoning for the lands which include Lot 2B, the 300, 400, and 700 buildings of the Aspen Alps, and surrounding lands owned by the Aspen Alps Condominium Association, IIIIII IIIII I II I!I Ilil IIIlIII IIIlI II III IIIIIIIIIIIlIIII 4of 7 66 /0 211.51F SILVIA DAVIS PITKIN COUNTY CO R 35.00 0 0.00 M which are currently zoned either R-15 PUD or Conservation to Lodge / Tourist Residential PUD (L/TR/PUD)from R-15 PUD to L/TR PUD, and GMQS Exemption; and WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the City of Aspen / Pitkin County Housing Authority, the Aspen Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a duly noticed public hearing on August 27, 2001; and, WHEREAS, the Aspen City Council acknowledged Ordinance 31, Series 1992, which placed certain conditions on the future development of Lot 2B including: a. The floor area, bedroom and density attributed to Lots 2A and 2B shall not be utilized by the Aspen Alps Condominium Unit Owners for purposes of 1 increasing the floor area, bedroom number or density of existing or future Aspen Alps Condominium Units; b. No further development or additional lot area for floor area, bedrooms and additional density or major new recreational facilities such as tennis courts and swimming pools shall occur on said Lots 2A and 2B. And after reviewing the proposal for the addition of three Affordable Housing units on Lot 2B, as part of this development, is in the best interests of the City of Aspen to modify Ordinance 31, Series 1992 regarding the addition of the three Affordable Housing units on specifically on Lot 2B; and, WHEREAS, Ordinance 28, Series 2001 shall effectively modify Ordinance 31, Series 1992, which placed certain conditions on the future development of Lots 2A and 2B and shall only apply to Lot 213; and, WHEREAS, the City of Aspen City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen City Council, by a vote of five to zero (5 — 0), hereby approves a consolidated planned unit development, rezoning for the lands which include Lot 2B, the 300, 400, and 700 buildings of the Aspen Alps, and surrounding lands owned by the Aspen Alps Condominium Association to L/TR PUD, the subdivision amendment, and growth management quota system exemptions for the construction of 3 employee - housing units and a two level sub -grade parking garage on Lot 2B of the Moses Lot Split, City of Aspen; and, WHEREAS, the City of Aspen City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. IIl111IlNI!!I!I! Page:463766 IIIIIIlIlIll!lfllNllllllNllllllllll 02/08/20OZ 17 1:51C SILVIA DAVIS PITKIN COUNTY CO R 35, Be 4 0.00 E0 1 NOW, THEREFORE, BE 1T ORDAINED BY THE ASPEN CITY COUNCIL AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the request for a consolidated planned unit development, rezoning, subdivision amendment, and growth management quota system exemption, are approved for the construction of 3 employee -housing units and a two level sub -grade parking garage located on Lot 2B; the 300, 400, and 700 buildings of the Aspen Alps, and surrounding lands owned by the Aspen Alps Condominium Association, which are currently zoned either R-15 PUD or Conservation to Lodge / Tourist Residential are hereby rezoned to UTR PUD, City of Aspen with the following conditions: 1) That the Applicant shall provide full accessibility to the tennis courts located on top of the garage and that all bathrooms and office and laundry rooms require full accessibility as required by the City of Aspen Building Department; 2) That the Applicant shall designate specific parking spaces in the garage for the deed -restricted affordable housing units; 3) That the Applicant shall submit the following plans to the Engineering Department for approval prior to application for building permit: ➢ Construction Traffic Maintenance Plan ➢ Construction Erosion Control Plan ➢ Drainage and Dewatering Mitigation Plan ➢ Noise and Dust Control Plan ➢ Soils report ➢ Full set of construction plans 4) That the Applicant shall, prior to excavation, conduct two bores on the Southeast and Southwest corners of the proposed parking garage to determine the level of groundwater. If groundwater is encountered within the proposed excavation, a plan detailing how it will be diverted to the nearby mine drainage ditch is to be submitted to the City of Aspen Water Department for approval; 5) The Applicant shall agree that if seasonal water, groundwater, or dampness is encountered during excavation, the applicant will need to employ extra measures to make sure the proposed affordable housing units do not have mold or mildew problems. The Applicant shall agree to consult an engineer if this is the case; 6) That the Applicant shall conform to the approved dimensional requirement s for Lot 2B as stated in Table 1 below: I�IIII I�III Ill�l IIII llll�l� IIIII II�II I 463766 11 lllli llll l�Il :;08,z00z 11:5I SILVIA DAVIS PITKIN COUNTY CO F R 35.00 Q 0.00 'AG fl I I Table 1. Dimensional Requirements Comparison (units measured In feet or square feet) 6,000 35,327 35,327 1 bedroom / 1,000 sq. N/A 5 proposed bedrooms ft. on 35,327 sq. ft. 60 feet 197 feet 197 feet 10 feet 12 feet 12 feet _........ _....,.. 15 (west side) 15 (west side) 20 feet east side 20 feet east side 10 feet 10 feet 10 feet 28 feet N/A N/A 10 feet N/A I N/A 25% 17.5% 17.5% ! 1:1 N/A 0.20:1 (7,065 sq. ft.) lit il. �� 2 spaces per two 5 Spaces in the garage bedroom unit; 1 space N/A will be devoted to the yan ;,!y :, u, jij�ji ';, � er one bedroom unit three units 7) That the Applicant shall be required by the City of Aspen Environmental Health Department to have the Aspen Alps management notify its contractors about City ordinances prohibiting vehicle idling for more than five minutes, and not starting construction work before 7 am; 8) That the Applicant shall be required to submit a Fugitive Dust Control Plan to the Environmental Health Department prior to the application of building permits. In addition, the Applicant is aware that there are no special regulations pertaining to movement of mine tailings in any area of the County or City of Aspen except those within the Smuggler Mountain Superfund Site boundary. However, these soils may contain more lead or other heavy metals than other dirt in the area, and nearby neighbors have already expressed concern to the applicants. Therefore, the Applicant shall require their contractor to keep all mine -related soils damp at all times as a dust suppression measure to prohibit the release of particulates into the air. The Applicant shall contact the Pitkin County Solid Waste Center to determine whether these soils can be taken to the landfill. If not, the Applicant shall contact this office before moving soils off the site. The Applicant shall consult with the Environmental Health Department once they have soils test 1111111 IIIN Illl� 1111111111111111111111111111111111Page ?0 i2 s5.11.51E ILVIA DAVISDAVIs PITKIN COUNTY CO R 35.00 D 0.00 I 1 results. Finally, the Applicant shall maintain constant dialogue with the Environmental Health Department and include them as a monitor during the excavation of the soils for the project. 9) That the Applicant shall be aware that the Director of the Environmental Health Department my require any person undertaking to conduct activity or development within the site to test any soil or material to establish it's total lead (Pb) content. All testing shall utilize and adhere to protocols established or approved by the United States Environmental Protection Agency (pursuant to Ordinance 25, Series 1994). 10) That the Applicant agrees to provide the Aspen Parks Department with an excavation plan that indicates how the proposed excavation will take place for the project; 11) That the Applicant shall provide the City Parks Department with an excavation and landscaping plan for their approval prior to the application of building permits that includes protection techniques to be employed in the areas marked "trees to be saved if possible" on the current landscape plan. If the spruce trees on the adjacent property directly to the south (along the fence) that are not marked on the site plan are damaged during excavation, the Applicant agrees to replace all the trees damaged at the Applicant's expense; 12) That the Applicant shall file an appropriate deed restriction agreed to by the City of Aspen Attorney with the City of Aspen / Pitkin County Housing Authority prior to the issuance of building permits and the Applicant shall conduct a site visit and tour of the three employee units with the City of Aspen / Pitkin County Housing Authority Staff prior to the Certification of Occupancy; 13) That the Applicant shall draft a modified subdivision agreement that shall include the decision by City Council to amend the current restrictions associated with Lot 23 of the Moses Lot Split and the subject of this application and present it to the City of Aspen Attorney for approval and shall have this document recorded with the Pitkin County Clerk and recorders office; 14) That the Applicant understands that the existing restrictions on Lots 2A and 2B continue after the rezoning occurs. The Applicant agrees'the deed restrictions will not be dissolved by the rezoning; 15) That the Applicant amends the plan to provide better access from the employee units to the parking spaces in the garage. Specifically, the Applicant shall add a garage access door from the walk around patio in front of the employee units to the top level of the garage where space 41 is currently proposed. Parking spaces for the employee units shall be required to be dedicated as close to that access door as possible; 463766 IIf�lllIIIIIIIIIIIIIIIII��IIIIIIIIIIIIIIIIIIIIIII II Page: 5 of 7 02108 2002 11:519 SILVIA DAVIS PITKIN COUNTY CO R 35.00 D 0.00 I f� 16) That the Applicant utilize a color treatment such as earth tones for the employee units so that they are effectively blended into the hillside; 17) That the Applicant shall not operate a dry cleaning service in the laundry facility proposed in the sub -grade garage; 18) That no night time lighting be installed for the tennis courts located above the sub -grade garage; - 19) That the Applicant agrees that only Aspen Alps associated vehicles be permitted to use the garage. Specifically, those would be vehicles of the unit owners, visitors, employee unit residents, for maintenance and Laundry, and Aspen Alps fleet vehicles; and 20) That the Applicant has agreed to begin and conduct the excavation for the project only between October 1 and May 30 of the year(s) of construction of the project; 21)That the Applicant agrees to file for recordation a Final Plat / Plan PUD / Subdivision Improvement Agreement to the Pitkin County Clerk and Recorder's Office within 180 days of approval by the City Council indicating all current improvements and conditions of approval for the entire Aspen Alps property as described herein; 22)The Applicant shall convey an undivided fractional interest (one tenth of 0.01%) in the ownership of deed restricted affordable housing units to the Aspen/Pitkin County Housing Authority for the purposes of complying with the recent Colorado Supreme Court Decision regarding rent control legislation. The Applicant may submit an alternative option to satisfy the rent control issue ■ acceptable to the City Attorney. 23) The Applicant shall indemnify and hold harmless the Aspen/Pitkin County Housing Authority and City of Aspen from any claims, liability, fees or similar charges related to ownership of the deed restricted affordable housing units. Section 2: The Official Zone District Map of the City of Aspen shall be, and is hereby amended by the Community Development Director to reflect rezoning of the lands which include Lot 2B, the 300, 400, and 700 buildings of the Aspen Alps, and surrounding lands owned by the Aspen Alps Condominium Association, which are currently zoned either R-15 PUD or Conservation to Lodge / Tourist Residential PUD (UTR/PUD). Section 3: All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Historic Preservation Commission, Planning and Zoning Commission, or City Council, are hereby 463766 ll II`` lII ��III IIII II�IIII III�� Iflll 111 �l11I II�� IIII 02108/2002 11 :519 I �II SILVILVIA DAVIS PITKIN COUNTY CO R 35.00 D 0.00 1449 a I t LJ I incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4• This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5• If any section, subsection, sentence, clause, please, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City 't Ydiq of the City of Aspen on this 23"' day of July, 2001. { P Attest: 'Kathryn.-S. ch, City Clerk E1.191ed alin la a d, Mayor FINALLY, adopted, passed and approved this 27`h Day of August, 2001. \Attest: ` Kathryn S: och, City Clerk „a:AIPco- as to form: n orces or, City Attorney en a derud, Mayor 46766 1111111 1111I 111111 1l11 11111111111111111111 87 of 11 :51; SILVIA ORVIS PITKIN COUNTY CO R 35.00 0 0.00 I ao FINAL PUD PLAT OF THE ASPEN ALPS PARKING AND AFFORDABLE HOUSING PROJECT LOT 2B, REPLAT OF LOT 2, MOSES LOT SPLIT A LOT LINE ADJUSTMENT AND FINAL SUBDIVISION OF THE GEORGE P. MITCHELL AND H.A. BORNEFELD, JR. PROPERTYf3 691 p 11(p ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 29 AT PAGE 65 . OF COLORADO COUNTY. OF PITIQN, STATE . SEVER MANHOLE '•�dr+• rdr RN EL . 7953.13 �.j♦ � ''h,+„, 1 J� NENSIONAL REOUNMCNT INv. IN S. - 7944.83 SHEETINDEX ,a:•`v°' "'e t FF' I �•� NV. IN SE ,. 7944.8378 EXHIBIT 4,tr N , � 'ra. 9 •tee-Sta'♦-: NINUM LOT SIZE 35,327 50. FT. MV. OUT NW 79H4. NIM)J LOT AREA PER DWELLING UNIT s BEDR00us ON 35.327 SO. FT. (Ft NO (, 54EET i PLAT })i , \ .�".� ���' +''��'� �, .f�, t•y4t+d 3 -»-} ,F LOT WIDTH 127 FEET UJ - SHEET 2: SITE PLAN NIMiLt. INN, ti+ `• .. h • • - WAtER LINE � SHEET 3: LOWER LEVEL PLAN d. •''� W � -��] 5x �1 n1Aw FRONT YARD 11 FEET SHEET 4: UPPER LEVEL PLAN c�Q r� \ L a'F'�•4Na' ,, a"' x r' ylI -TER SERWCE UNE sIEET NILVA SIDE YARD 15 FEET (WEST sloE> LKRIT (7YP.) SHEET 5: EXTERIOR ELEVATIONS4_; W� zD FEET (EAST SIDE) - . - SAMTARY SEVER LINE `ff SHEET 6: LANDSCAPE AND TREE M I T i GAT I ON PLAN + + - `^ KqR T; ~ E'� , rcI BLACK SWAN 4 ROAD SHEET 7 : GRAD I NG AND DRAINAGE PLAN { } - �y� N tf 11 Ni" REM YARD 19 FEET MA IER vLL`.E CoHDONINIUMS / 91g1 STREET ..w XIUU9 ME IGMT 28 FEET (MOST OF BUILDING WILL BE T SEET U6T REBAR AND W /fy �'•T�t` -\� �T6•Y; -�ih- ".��+Yf LS fn959B (SET) SUBCRAOE) FIRE HYDRANT 0!ST AI ANCE RE7MEEN BUILDINGS NOT APPLICABLE OEOOUOUS TREE h`PP 'r ! \ - O _•�L• ER T INUTTIE LOT III wUm PERCENT OF OPEN SPACE 17.'ax EVERGREEN TRFS ! .• \ �� \ X / \_ `• VICINITY MAP I 79x.o yPDT ELEVATION -. `\ Mx IAlA1 EXTERNAL FLOOR MG RATIO 0.10:7 (7.065 50. FT.) / •• 1AUM NUMBER OF OFF-STREET 2 SPACES PER TWO BEDROOM UNIT;EASEMENT NOT TO SCALEE -.© ._. x\ NOTES: IW. SPACES 1 SPACE PER ONE BEDROOM UNIT NISE AREA � 1u� \ \ 1) BASIS of BEARINGS FOR THIS SURVEY IS A BEARING OF W2M/PG43B �.` S 48-47'21' E BEr.EEN THE SOUTHERLY CORNER of LOT 28 / r••� A REBAR AND CAP LSJI9598 AND CORNER NO. 1 ASPEN / /% ��\ ` \'•\ \`\ \ CABLE TV TOMNSITE A 1954 BLY BRASS BAP. TEUA60ME \ 4I ,, �/ i',j \\� ��•�,�� \\ ,�!). 2) THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS. Q`Q / / '� `•``\ COVENAHTS AND EASEMENTS OF RECORD OR IN PLACE AND THE • / % �'\ ` \\\ \`\ OTp1C REPEAT OF LOT 2. MOTES LOT SPLIT (4 LOT LINE ADJUSTMENT) �O �'-�•% ��,. ^ `` .` `��A�.AfI ♦ n AND FINAL SUBDIVISION PLAT OF THE GEORGE P. MI j \ "AW\'.- AND H.A.8ORNEFELD. JR. PROPERTY, BOOK IS/PAGE 65. 65. _Z_ 3) DATE OF SURVEY WAS FEBRUARRY 15. 2002. Zi o I �0�+ / �� � •^\h '•` \ �\\ \"`. • \ �.C\ A) THIS MAP Is BASED ON A WITH TITLE PLAT ANDTHE Cd8ER5 FOUND IN PLACE ALONG WITH TITLE COMMITMENT PREPARED p P r •� ' /� � lJ+ �y HOLE n �.` \ \, % ?0 , 8Y PI COUNTY TITLE. INC. GTE BO. 3. 199S3A, m • `- \ II !<� POLICY ND. 1FINAL PLAT DATED PEN CHANCBERE 7. SUBDI2.VISION. Also LOT 2A Q i- !�l ' ' 4 \ �•.` O I DG^ BOOK AMENDED FINAL 21 AND TIHE REPLAY oFILOTE 2. 405ESSLOT \ m PENCE \ \ \ plc/% SPLIT (A Lor LI\E V7JU5 SENT) MD FINAL SU801vISIOJ ^Io \� PLAT Of THE �Of6E P. MITCHELL NO n.A.BORNEFELO• JR. / /% • • ,` `\\\, �` \ PROPERTY. BOOK 29/PAGE M. W i CIS �� \ �O % �. yy� /• A d 'a \ \' '\ \ 5) TxE STOENCNE STAIRS. BOULDER RETAINING WALL AND STONE GATPOSE X . d • A •� i \ \ \ .�`, ARE TKNO N TO EXIST NOR ARE MYTEASNEMENTTS SRCREATE. FOR THESEENTS /{ a 7979.50 • d ``� ENCROACHMENTS BY VIRTUE OF THE $BORN ISi ON PLAT B 29/PG85. 1 GRAPHIC SCALE i �A + a , / \ \ \ 61 ELEVATIONS ARE BASED ON SENGMARK OIS9 AT THE SOUTHEAST s d a p \ Y ``` \ - + FIRE COURTCORNERHOUSE, 929, ELENV�ATTDN EWALST THE K79066I. MTMCONTOUR j+ ' a d / a °1°\\\ ` HYJRMT INTERVAL BOWLS TWO FEET. QIU ( SNW COVER WAS APPROXIMATELY d )A,TIME OF THIS . -24t8 IN Isc t IMb 80 tt // I a a ° J �1 a �.{ X \ SIGN 6) PROPERTY DESCRIPTION: • LS F AND SET "'Tat FENCE / d a 7979.7a \� � \ \ 1 . - LOT DJ ST NT) AT OF LOT 2. MOTES LOT F LITT,,E (A LOT PINE LL LS n» (SET) Ww \ / p ° X d ° /+ ° \ 1 . �\ ADJUSTMENT) AND FINAL 5119a fV IT 10N OF THE GEORGE P. MITCHELL ' 'F 797928°Ir :/ I•� ` AND M.A. BOR%EFELD. JR. PROPERTY, ACCORDING .0 •,E PLAT SQ Tpm d $ • a ! `1 THEREOF RECORDED IN PLAT BOOK 29 AT PAGE 65 OF THE RECORDS / d ° 4 A > T•:' OF PIN IN CONTY. COLORADO. COUNTY OF PITKIN. STATE OF 4C,µA a ° a. a d • / / /,� : /. ' I I 1 .. •` CO LORADO. W 4 • a a + ASPHALT TENNIS COURTS d / �'i�- 9) A PLO AND SUBDIVISION AGREEMENT FOR THIS PROJECT IS RECORDED / - BLGD OVERHANG, �. d mNdTEX RE SyRFACE < / /% / / %•%, / _ _ A; AT•PAGE-_ OF THE PITKIN COUNTY RECORDS. � W d °iu • • d a / + , 4NHOLE CORPORATETIT 1 IR R _ a • E \4A '� A / d d +/i' j \ A LICENSED TITLE COMPANY AUTHOR IZEO TO , �' UTL PED //// PITKIN COUNTY TITLE. INC., / _ ROAD DO BU51NE53 IH THE STATE OF CQOEXAM I@R1ADO CERTIFIES THAT IT N COUNTY. I A 16'2TO1• / i ,� ° ° ° l /.' / SIGN COLORNADO ED rANO '11AOHE N OF 8 ATHE M. O4ERylUlftyE_R 0021 TIi TLETOTHE N 242.57 T d' ° - a • REBAR AND CM PROPERTY DESCRIBED AS 'LOT 28. REPLAT OF LOT 2. MOTES LOT SPLIT L 6932 :Enp ° 9 - / LS /19598 (SET) (A LOT LINE ADJUSTMENT) AND FINAL SUBDIVISION Of THE GEORGE P. �_ 69.06 THE �• / 16• a C° o n < a/ �j. gLLM 4ASPENITCHEAI_ CONDOMINIUM ASSOCIATRION, A CALO. PROPERTYRA00 NONFPROFI- WAS VESTED N Vl Is9 (F ) `• X d d� C") rMio� 5) K;araa+Ar raN. A / A�A 1979.82 • + COI ORADO. •A _ DATED TNIs DAY OF [OB» 2002. RI p1D CAP {� ywa�Nt 1 I /A l5 Pt9868 (SET) / : A / �'\ PMVATE AC(Z55 PIMIN CONTY TITLE. INC. By: I-`t-L'L°(.��� 1D-0 SETBACK VINCENT J. HIGENS. PRESIDENT AND U71L ESMT. _ / �4F "4J /� +\ a • / :' / N 53'W4r E MAW (PLAT; J \. • �'. (WVFYRB'c CERTIFICATE 3 OnKV / STORM •\t A• �6'c I R Why LOT 5 I. FRANK W. 1MRRIRAO. A REGISTERED E THAT TIN'S LAND SURVEYOR DEVELOPMENT I P( �j 'mil€ THE STATE OF COLORADO, VI HEREBY AM STATE TENT THIS PLAA+EJ UNIT ENPS FlRE M /� DRAIN (SEE NOTE 5) UTE ADDITION / WAS MADE UNDER MT SPROJE T/ P AND IT ACCURATELY RE-RESTOWNSIENTS ASPEN ALCO HYORAMT W BORE AFFORDABLE N,pLISIAIG PROJECT/ PVD IN THE City AND TpN51 TE OF ASPEN. COIORADO I ANO THIS MAP COMPLIES WITH THE REQUIREMENTS OF C.R-S. 1273 O' �� PS N / 36-33. }209 AND TITLE 3e. MTICLE 51. THIS SURVEY u05E5 AT 1 IN t0000. r/ T B�i�c ES. N 45106b0• W 127.96' ELD ` L N 45.00'00• W 127.37' PLA ,! �� / III IhIIII II Mil lal Ilk f 471060 K R". wn. ' 1 ' BOULDER / Cc A 10.N D 6.N (O N REBAR'11NO CAP RETA O 11RETAINING WALL s - _, _ LS p9s9e (SET) (' 111 WATFR OEIENITN7M AREA LS 11 AND CM \ _ N 45T30'00' W 6 1 FOR ASPEN CHANCE AND l5 /19598 (FOIPID) .. 21.74 (FlELD) I \a \\/' 1 PARKWG MT. FOR ASPEN `T \ \ / RANK W. HMRiNGTON N 450000• W L I ` 1 ALPS DURING DAYLIGHT HRS. 4AMNOLE j • \/ FPROFESSIONAL LAND SMYET�w 4 O Z_ iu Y ( \ 10O SETBACK RIM EL S 798795 \ - ` 22.33 OC) 4ETP0 M RETAIMIP WALL WV. N SW . 1967.08 �. f /J\\ P.L.S. /19588 sir S U J Q MO UT1L ES IT LOT 5 IMV. N SE 7967.02 \ B.M t954 ) SHOW MANHOLE M/$' ASPEN CHANCE SUBDIVISION NV. OUT ME . 7W&22 BRASS CAP BIND 8 UNABLE ,O Lly(iE GORNER P .SPEN p Z 8 J DUE TO 5N10w iORAGE \ PRDAE ACCESS. \ TOMN4� \ REBAR MO CAP DRAINAGE AND P m 1119598 (SET) SOT' E9NT, OTr CJIl1Nf1 ? V DO " `' 10.0' SETSACX \ BK470\PG780 \ / Z / AND UTL ESMT, \ PHIS FINAL PLAT W THE THE 0 ALPS ASPEN. MO AFTORDJ,BIE HOUSING O PRO,ECT, A 2 PUD. WAS APPNOVEO A THE ERE Di ASPEN. THIS 00. P�Ljfj$(�T TO ORCNANCE (Tz,, F J X 28 5cP1E5 a I, Ai 1 HEREBY ACCEPTED THIS � DAY OF CITY ENGINEER !'^=•LAITY DEVFLONEM O P CPwvvINJUM ASSQ ALLQN PRFF.UD E `�2' :.37c I� Z a THIS FINAL PLAT Di THE ASPEN ALPS PARKING AND AFFORDABLE HOUSING THIS FINAL PLAT OF THE ASPEN ALPS PARK LNG AND AFFORDABLE HOUSING THIS -INAL PLO AT OF THE ASPEN ALPS PARKING OFFICE CEFOROABLE CLENOLRK d 03 PROJECT pUO AT ABPRWEO BY THE CITY OF ASPEN. CITY ENGINEER , PROJER. A PW. WAS APPROVED BT.IHEaYTaOF COWFVITY RPECORDTRI OF PIKIY C5� TYT81FOR IL1 THE RECORD GAINER OF THE PROPEPTYa THE ___�/�i-�-�� /T�.E.`-+LI.'�..+�„% /`+"� a THIS JZflL DAY OF yKFV�Au a`}. 2002. DEVELOPENT DIRECTOR M:S 'J r-' ASPEN ALPS a��ASSOCIATIOII, A COLORA00 NON-PROFIT CORPONTIOI. ATTE6 _ M M1tr MAYOR /`PEN �.S Ow •'•��1'� _ COUNTY CLERK MO RFCOIOER C 1Y ENGINEER ITY DEVELOPMENT DIFECTORr N ALPS CD PRESIDENT ASTOC RATIO/ THIS F.NNAL PLAT IS THE ASPEN ALPS PARKING AND THE HOUSING 1'My]� RB WINTER. PRESIDENT AND.i ECT, A PUD, IS ACCEPTED FOR RECO0BBQQJJ T1{{ IN TIE OFjfFE OF THE CLERK PROJECT NO. P / AND PECORDER OF .PITKIN COUNTY THIS .J QAY OF 2002. IOU Nf Gami n d IN PLAT SOCK /1 _ AT PAGES vi T1ROXM �"� AS REN NUMBER THIS FINAL PLAT OF THE ASPEN ALPS PARKING AID AFFORDABLE HOUSING PROJECT, A PUD WAS APPROVED BY THE ITV OF ASPEN, PLANNING AND ZONING r c� COMISS:ON. THIS a rL, _ DAY OF ,'f 2007. !?<SP zi, T !1F 1 fS (.o I Pal 11 1 1 1 i - r GRAPHIC SCALE ( w14:E'f) L inch . 20 P- _ wT v s 10 LF.-13 ':ri:.`1: ^?iu'.J*&Z5•-N12- cut- V. # c 0 YwELL I 1 (428 CF). ' � J o" (82E.:CFr '•A' !Re'CTt�,O1yN_+OF'r PROPERTY BOUNDARY. PARicoe��CWV.O u I il,i'i r Chi R �9 \ rA ( r{f f r Aii I f P �✓ - — — /. �� PROPQSEB DRYKu _ p (e28 !CF) ,i I r EX(51f I BOULDER. �c � I i 1 t ! yvi �i•i_ z � I w s lilt ,e2 _ e = s�eLL I�,III IIFII.I111 it 111 11 ,p� 4706° 4 �i I�I as;:vxaez uxs < a z Q � a Cyi PRO rC- .40. 2=W7.81 SHEET AZ 1 1 i 1 1 1 t 1 i 1 1 1 1 1 L4-:RE GRcya OF Ma :'RL f.G'TO!.YI:GD r0 Be SAV e7 PFt voa-= PLANT Le 7 crr 5LM :�C: •t.6G.: N.J!e 9c'..NiC?L r,.d to h➢ 1 +/S cai A—CN P.PJL'/6 7R� J::O'm3 (bs7 , ,? C.M.. GO'TONi'GG�?OPJLiS hbJ9-PG�:A !bJ W cGa✓' SPC.:�: PUJ. P11NSi:`E 15J' D' C�^�RAOC 3PR'�cc Pr..LA PJ45Sb TKM TC 8M MITIGATED NOT-- RMWM To 1N2 SUc'1?r aQR --t\iV-CAlk \ VJM9i'R _^.G.'•-."�5 rO a! .= Ali. jM ' 6 16 co-CpAvc sm%,ca P'ce.4 +°.NSENS 15 16 COl,ORADO S-R rC- P'G-_a .U45=e "* 4 cO ^R.VO s7ze -Cm. P 16E`E 1s L iln-oeAco n'J2 P'Lea P V fys •Q 1H cQ.GR.a:.O s�R':ce Pic2I• .i,v9Zvs 20 1L' cC�'"IOaCIC `Vatic= PG2.A P Y6i: 9 \0M T:s- SROLR0 '--Ng /til as ET-•,M A 6RAE5 ✓J( MC" MA�.`.tKS T'tip MX-S'.1N6 5R . OR A &-.-as M, X A5PEN ALPS SOUTH RUA,7 SAVE MQs,"e 0%-40001P a e coner,00 s (6: c.iT�\'.Chr4OOCC-- jy/�' NA11RA, S+ — i �•` PROVE,OR R RE -A Ex5"!NG IV�� FOR �L..lN:v6 C.✓TC.Pjy1ODD DRI��V „IMM" = SPrt:ce nc: l5(el P 9h' C1C's-N* -wme -G x DAVG7 M 11065i0:2 (3)11' r 60ONWCOD (S7T C--1 ONWOCO (17 19 ocr ONY4000 NA'IAlAien�c Z, � +z' 1�1 `jW iU G rxs^N6 -ems -0 _E ASPEN ALPS LOT 28 LAN✓5GAPE A t? TR5E MITIGA'rON PLAN FREPARE:7 B" c�=—¢tiAN uDIC �ok-F:.,=,c C4:c1-12-0" .9B I i I a I E I I I I rl'C REMAIM. ........... DE YAAC 8ET31011 r- 9 i 7-70 Ic 179W IO �PAT. FAT ri .............. J: 7MC KEYNOTES_ W.r, cOZz-:—. 9-w.- 70 P,.,Ns. C_Vsm- _,cam lv+ P ,VWO. 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RE"AWiNG WALL GARAGE ASPEN ALPS SOUTH ROAD ELEVATION SCALE: g o uJ cn Z O a� n, a > �9 tom- Z cc Lu : �6 Q LLJ -- Z W LLI sheet na- 47 I 11 11111111111111111111111111111111111111111111111111111111 472706 0/62M91:, SILVIP DAVIS PITKIN COUNTY CO R 46.00 D 0.00 PLANNED UNIT DEVELOPMENT AND SUBDIVISION AGREEMENT ASPEN ALPS PARKING/AFFORDABLE HOUSING PROJECT THIS PLANNED U?vTT DEVELOPMENT AND SUBDIVISION AGREEMENT is made this ;2 3 day of 2, 2002, by and between the Aspen Alps Condominium Association (hereinafter referred to as "the Owner") and the City of Aspen, Colorado, a municipal corporation and home rule charter city (hereinafter referred to as "the City"). RECITALS WHEREAS, the Owner owns that certain real property located in the City of Aspen, County of Pitkin, legally described as Lots 2A and 213, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment); and WHEREAS, in February, 2001 the Owner submitted to the City for approval a land use application to develop a parking structure, maintenance shop, laundry facility, and three (3) affordable housing units on Lot 213 (hereinafter referred to as the "Project"); and WHEREAS, pursuant to Ordinance No. 28 (Series of 2001), the City granted approval to the Project for Consolidated Conceptual/Final Planned Unit Development, Subdivision Amendment, Growth Management Quota System exemption, and Rezoning; and WHEREAS, the City imposed conditions and requirements on the Owner in connection with the approvals described above, such conditions and requirements being necessary to protect, promote and enhance the public health, safety and welfare. Such conditions are set forth in Ordinance No. 28 (Series of 2001); and rWHEREAS, under Sections 26.445.070 and 26.480.070 of the Municipal Code of the City of Aspen, the City is entitled to assurance that the matters agreed to herein will be performed by the Owner and its successors or assigns; and WHEREAS, the Owner is willing to enter into such agreement with the City and to provide to the City assurances, as set forth herein; and WHEREAS, the Owner has submitted to the City for approval, execution, and recording a final plat for the Project (the 'Plat") and the City agrees to approve, execute, and record the Plat at the Owner's expense on the agreement of the Owner to the matters described herein, subject to the provisions of the Municipal Code of the City of Aspen and other applicable rules and regulations. NOW, THEREFORE, in consideration of the mutual covenants contained herein and the approval, execution, and acceptance of the Plat for recordation by the City, it is agreed as follows: EXHIBIT !G 98 I V 1 1 1 1 1 ! IIIIII Bill IIIIli IIIII lillll Ili IIIIIII III illll Ilil ilil 09 8/200022 1 91 : 11A SILVIA DAVIS PITKIN COUNTY CO R 46.00 D 0.00 1. Description of Project. The Project consists of the following elements: ♦ A two (2) story, sub -grade parking structure containing not more than sixty- nine (69) parking spaces to store cars owned by Aspen Alps unit owners, their guests, and residents of the affordable housing units, and to store Aspen Alps fleet vehicles; ♦ A laundry facility and a maintenance facility for Aspen Alps use only; and ♦ Three (3) affordable housing units, including 2 two bedroom units and 1 one bedroom unit. 2. Acceptance of Plat. Upon execution of this Agreement by all parties hereto, and upon approval of the Plat by the Engineering Department and Planning Office, the City will approve and execute the Plat for the Project, which conforms to the requirements of Section 26.480.060 of the Municipal Code. The City will accept such plat for recording in the offices of the Pitkin County Clerk and Recorder upon Owner's payment of the recordation fee. The Owner and the City hereby acknowledge that the Plat, this Agreement, and Ordinance No. 28 (Series of 2001) constitute the final development plan and development regulations for the Project, pursuant to Chapter 26.445 of the Municipal Code. 3. Construction Schedule and Phasing. The City and Owner mutually acknowledge that an exact construction schedule cannot be determined for the Project at this time. However, it is anticipated that construction of the Project will begin no later than three (3) years after the vesting of the Owner's rights in the Project. The Owner hereby agrees that excavation for the Project will only take place between October 1 and May 30 of the year(s) of construction of the Project. It is anticipated that construction of the improvements will begin shortly after excavation is completed, with substantial completion of construction occurring within eighteen (18) months thereafter. 4. Dimensional Requirements. The dimensional requirements applicable to the Project are as follows: I al 1 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIilllllllllllllllllllll 2706 9/26 200022 11:11A SILVIA DAVIS PITKIN COUNTY CO R 46.00 0 0.00 Muairtl Cody itegnireeiot Approved I3lmCnsip#> Itequnteiat Minimum Lot Size 35,327 sq. ft. Minimum Lot Area Per Dwelling Unit 5 bedrooms on 35,327 sq. ft. Minimum Lot Width 197 feet Minimum Front Yard 12 feet Minimum Side Yard 15 feet (west side) 20 feet (east side) Minimum Rear Yard 10 feet Maximum Height 28 feet (most of building will be subgrade) Minimum Distance Between Buildings on the Lot Not applicable Minimum Percent of Open Space 17.5% Maximum External Floor Area Ratio 0.20:1 (7,065 sq. ft.) Minimum Number of Off -Street Parking Spaces 2 spaces per two bedroom unit; 1 space per one bedroom unit 5. Conditions of Development Approval. The Owner will satisfy the conditions of development approval established in Ordinance 28 (Series of 2001), as follows: a. Accessibility. The Owner will design and construct the tennis courts on top of the garage and all bathrooms, offices, and laundry rooms to provide full accessibility, as required by the City of Aspen Building Department. b. Parking Spaces for Housing Units. The Owner will designate five (5) parking spaces in the garage for the deed -restricted affordable housing units. The Owner will amend the plans for the parking structure to show a garage access door to provide access from the patio in front of the housing units to the upper level of the parking garage. The parking spaces for the housing units will be designated as close to that door as possible. C. Required Plans. The Owner will submit the following plans to the Engineering Department for their review and approval before submitting an application to the City for a building permit: ♦ Construction Traffic Maintenance Plan; ♦ Construction Erosion Control Plan; ♦ Drainage and De -watering Mitigation Plan; /esO 1I!lIIIlIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIlIIIIIIIIlll 0oe2029 :IIA SILVIA DAVIS PITKIN COUNTY CO R 45.09 D 0.00 ♦ Noise and Dust Control Plan; ♦ Soils Report; and ♦ Full set of building plans. d. Groundwater. Prior to the initiation of any excavation activities, the Owner will make two bores on the southeast and southwest comers of the proposed parking garage to determine the groundwater level. If groundwater is encountered within the planned excavation, the Owner will submit a plan to the City of Aspen Water Department ' that details how the groundwater will be diverted to the nearby mine drainage ditch. If seasonal water, groundwater, or dampness is encountered during excavation, the Owner will employ those measures necessary (including consultation with an engineer) to ensure the ' affordable housing units do not have mold or mildew problems. e. Contractor Notification. The Owner will notify its contractors about City ordinances that prolubit vehicle idling for more than five (5) minutes, and that requit t ' construction activities to not begin prior to 7 AM. f. Fugitive Dust Control. The Owner will submit a Fugitive Dust Control Plan to the City's Environmental Health Department prior to submitting a building permit application. The Owner will require its contractor to keep all mine -related soils damp at all times as a dust suppression measure to prohibit the release of particulates into the air. The Owner will maintain a regular dialogue with the Environmental Health Department during ' the excavation process and include them as a monitor while that work is on -going. g. Soil Disposal.. The Owner will contact the. Pitkin, County'Solid Waste Center to determine whether excavated soils can be taken to the County Landfill. If not, the Owner will consult with the City's Environmental Health Department and Community Development Department before moving the soils off -site. ' b. Soil Testing. The Owner acknowledges that the Director of Environmental health may require any person intending to conduct activity or development within the site to test any soil or material to establish its total lead (Pb) content. Any such testing will utilize and adhere to protocols established or approved by the United States Environmental Protection Agency (pursuant to City of Aspen Ordinance 25, Series of 1994). i. Parks Department. Prior to submission of an application for a building permit, the Owner will provide the Aspen Parks Department with the following plans for their review and approval: ' ♦ An excavation plan that indicates bow the proposed excavation will take place for the Project. ' ♦ A final landscaping plan that includes protection techniques to be employed in the areas marked "trees to be saved if possible". If the spruce trees on the 472706 I�If�I ��IlI �IIIII �III� (IIIfI ilk II�II�I III �lI�I III III Page: 5 of 9 9/25 200022 11 : 11A ' SILVIA DAVIS PITKIN COUNTY CO R 46.00 D 0.00 adjacent property directly to the south (along the fence) that are not depicted on the landscape plan are damaged during excavation, the Owner will replace those trees damaged at the Owner's expense. j. Housing Authority. The Owner will conduct a site visit and tour of the three (3) affordable housing units with the Housing Authority staff prior to obtaining a certificate of occupancy for the units. k. Colors. The Owner will utilize an earth -tone color treatment for the affordable housing units so they are effectively blended into the hillside. 1. Dry Cleaning Service Prohibited. The Owner will not operate a dry cleaning service in the planned laundry facility. ' M. Lighting of Tennis Courts. The Owner will not install night time lighting for the tennis courts. n. Use of Garage. The Owner will only allow vehicles associated with the ' Aspen Alps to park in the garage, unless otherwise specifically permitted by the City of Aspen as an amendment to this PUD Agreement. Aspen Alps associated vehicles include those of unit owners, visitors, residents of the affordable housing units, and Aspen Alps fleet " vehicles. 6. Modification of Restrictive Covenants on Lots 2A and 2B. The Final Plat for the Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment), recorded at Book 29, Page ' 65 of the records of the Pitkin County Clerk, establishes the following restrictive covenants on Lots 2A and 2B: t (a) The floor area, bedroom and density attributed to Lots 2A and 2B shall not be utilized by the Aspen Alps Condominium Unit Owners for purposes of increasing the floor area, bedroom number or density of existing or future Aspen Alps Condominium Units. (b) No further development or additional lot area for floor area, bedrooms and additional density or major new recreational facilities such as tennis courts and swimming pools shall occur on said Lots 2A and 2B". The Owner hereby acknowledges that these covenants remain in effect on Lots 2A and 2B, and continue in effect after the rezoning of these properties to Lodge/Tourist Residential/Planned Unit Development (L[ R/PUD) that was accomplished by Ordinance 28, (Series of 2001), except as expressly modified by said Ordinance. Following is a re- statement of these covenants, as modified by Ordinance 28 (Series of 2001). These modified covenants have also been stated on the Plat for this Project: /G17 IIIIIIIIIIIIIIIIIIIIIIlilllIIIIIIIIlIIIIIIIIIIIIIIIII 472706 6 9I:IIA SILVIA DAVIS PITKIN COUNTY CD R 45.00 0 0.00 (a) The floor area, bedroom and density attributed to Lots 2A and 2B shall not be utilized by the Aspen Alps Condominium Unit Owners for purposes of increasing the floor area, bedroom number or density of existing or future Aspen Alps Condominium Units. ' (b) No further development or additional lot area for floor area, bedrooms and additional density or major new recreational facilities such as ' tennis courts and swimming pools shall occur on said Lots 2A and 214", except for those bedrooms in the three (3) affordable housing units, and that floor area for the parking structure/affordable housing project that was approved on Lot 2B by the City of Aspen pursuant to Ordinance 28 (Series of 2001). 7. Affordable Housing. The three (3) affordable housing units in the Project will be deed restricted at a rate that will not exceed Category 3 housing, pursuant to applicable Aspen/Pitkin County Housing Authority ("APCHA") requirements. The deed restrictions will also provide that if the occupant of the unit is an employee of the Owner, then the income and asset occupancy requirements applicable to the unit will be waived. The Owner ' will submit the appropriate deed restrictions for the affordable housing units to APCHA prior to the issuance of a building permit for the Project. Upon condonuniumization of the Project, the Owner will convey to APCHA an undivided one -tenth of one percent (0.01%) fractional interest in the ownership of the condominiums containing the affordable housing units for the purposes of complying with ' the recent Colorado Supreme Court decision regarding rent controls. As part of this conveyance, the Owner will indemnify and hold harmless APCHA and the City of Aspen from any claims, liabilities, fees, or similar charges related to ownership of an interest in the property. The City of Aspen shall have no voting rights, or rights to notices of meetings, etc. ' in the Aspen Alps Condominium Association by reason of the conveyance of this fractional interest. ' At such time as the Owner can demonstrate to the reasonable satisfaction of the City that another mechanism then exists, so that affordable housing guidelines are enforceable absent an ownership interest by the City, then the Owner may request, and the City shall deed back to the Owner, the City's 0.01% undivided ownership interests in the ' three (3) affordable housing units. In any event, the City's ownership shall automatically expire thirty (30) years from the date the deeds are recorded. ' 8. Landscaping Plan and Landscaping Guarantee. In accordance with the requirements of the Municipal Code, the Owner will install those landscaping improvements as represented and shown on the Landscape Plan, a copy of which is attached to the Plat. ' The Landscape Plan shows the type, extent, and location of all plants to be installed and all landscape features and proposed treatment of ground surfaces. The Owner will install the landscaping shown as soon as is practical, but no later than the first planting season 1 ' I11III ��III �I�III IIII1 �II�II,II IIINH III I�III Ii�I I II 04/472706 6 6200022 11 : I tR SILVIA DAVIS PITKIN COUNTY CO R 46.00 D 0.00 ' following the completion of construction adjacent to the area of planting. The Owner will promptly replace any plants that have not survived for a period of two (2) growing seasons following the issuance of a certificate of occupancy for the Project. In order to secure the performance of the installation of this landscaping, the Owner will provide a bond, Ietter of credit, cash, or other guarantee in a form satisfactory to the City Attorney in the sum of $25,000, based on the estimate prepared by the Owner's Architect. Said guarantee will be delivered to the City prior to the issuance of a building permit for the Project. The guarantee documents will give the City the unconditional right, upon clear and unequivocal default by the Owner in its obligations, to withdraw funds against such security sufficient to complete and pay for the installation of such Project landscaping. As portions of the landscaping are completed, the Parks Director will inspect them, and upon approval and acceptance, will authorize the release of the agreed upon estimated cost for that portion of the landscaping, except that ten percent (10%) of the estimated costs of the landscaping shall be withheld for the benefit of the City until two (2) ' growing seasons following the issuance of a certificate of occupancy for the Project. 9. Material Representations. All material representations made by the Owner on record to the City in accordance with the approval of the Project shall be binding upon the Owner, its successors, and assigns. 10. Enforcement. In the event the City determines the Owner is not in substantial compliance with the terms of this Agreement or the Plat, the City may serve a Notice of ' Non -Compliance and request that the deficiency be corrected within a period of forty-five (45) days. In the event the Owner believes that it is in compliance, or that the non- compliance is insubstantial, the Owner may request a hearing before the City Council to ' determine whether the alleged non-compliance exists, or whether any amendment, variance, or extension of time to comply should be granted. On request, the City shall conduct a hearing according to standard procedures and take such action as it then deems appropriate. The City shall be entitled to all remedies at equity and at law to enjoin, correct, and/or receive damages for any non-compliance with this Agreement. ' 11. Notices. Notices to the parties shall be sent by U.S. Certified Mail, return receipt requested, postage prepaid, to the addresses set forth below, or to any other address which the parties may substitute in writing. Such notices shall be deemed received, if not sooner received, three (3) days after the date of mailing of same. ' To the Owner: Aspen Alps Condominium Association 710 Ute Avenue Aspen, Colorado 81611 472706 Page: 15 of 9 9/ 6 20 11 : 11A SILVIA DAVIS PITKIN COUNTY CO R 46.00 D 0.00 With a copy to: Thomas Todd, Esquire ' Holland and Hart, LLP 600 East Main Street Aspen, Colorado 81611 With a copy to: City Attorney City of Aspen ' 130 South Galena Street Aspen, Colorado 81611 12. Binding Effect. The provisions of this Agreement shall run with and constitute a burden on the land on which the Project is located and shall be binding and enure to the benefit of the Owner, its successors and assigns and to the City, its successors, and assigns. 13. Amendment. This Agreement may be altered or amended only by written instrument executed by all the parties hereto, with the same formality as this Agreement was executed. 14. Severability. If any of the provisions of this Agreement are determined to be invalid, it shall not effect the remaining provisions hereof. IN WITNESS WHEREOF, the parties hereto have executed this Subdivision/PUD Agreement the day and year first above written. ATTEST: Fth _•City APPROVED AS TO FORM: roWW6kester, City Attorney TIIE CITY OF ASPEN, COLORADO a municipal corporation E:3 11111 11N11111111111111 11111111111111111 1111 page: 5 2�0 g1 : ilii SILVIA DAVIS PITKIN COUNTY CO R 46.00 D 0.00 1 ASPEN ALPS CONDOMINIUM ASSOCIATION i erb Winter, Preside t STATE OF COLORADO ) ) ss: COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this sk day of , 2001 't i ' tff�i en. by Helen K]anderud, as Mayor, and KathrrtjCl S. Koch, as City Clerk c t ty p ' Witness my hand and official seal. 9 My commission expires: 4111 D ..�, ••' -..(� Ci1i1. e rfn-t1AN STATE OF COLORADO ) ) SS: ' COUNTY OF PITKIN ) _ The foregoing instrument was acknowledged before me this '` rf day of 'ul� 2001 by herb Winter, as President of the Aspen Alps Condominium Association. Witness my hand and official seal. My commission expires: ' � Notary Public .' J s: q I t 1 1 1 1 Table 1 SLOPE REDUCTION CALCULATIONS Parcel 1 Aspen Alps Condominiums DENSITY Slope' Gross Areal Reduction EXHIBIT I Net Area' 0 - 20 21,518 None 21,518 20 - 30 107 50 Percent 53 30 - 40 226 75 Percent 56 40 > 658 100 Percent -- Total 22,5094 21,627 FLOOR AREA Slope' Gross Areal Reduction Net Area 0 - 20 21,518 None 21,518 20 - 30 107 50 Percent 53 30 > 884 100 Percent -- Total 22,5094 21, 5715 ' All slopes measured in percent. Z All land areas measured in square feet. 3 Based on the Slope Analysis Map prepared by Sopris Engineering, LLC, dated March 4, 2013. 4 Excludes 4,159 square feet of road easement. 5 Reduction in lot area for floor area purposes is less than 25 percent. //4; 1 1 1 1 1 1 1 1 1 1 1 1 1 i Table 2 SLOPE REDUCTION CALCULATIONS Parcel 2 Aspen Alps Condominiums DENSITY Slope' Gross Areal Reduction Net Area 0 - 20 29,280 None 29,280 20 - 30 620 50 Percent 310 30 - 40 483 75 Percent 121 40 > 2,780 100 Percent -- Total 33,163 29,711 FLOOR AREA Slope' Gross Areal Reduction Net Area 0 - 20 29,280 None 29,280 20 - 30 620 50 Percent 310 30 > 3,263 100 Percent -- Total 33,163 29,5904 ' All slopes measured in percent. Z All land areas measured in square feet. 3 Based on the Slope Analysis Map prepared by Sopris Engineering, LLC, dated March 4, 2013. 4 Reduction in lot area for floor area purposes is less than 25 percent. //G 1 1 1 1 Table 3 SLOPE REDUCTION CALCULATIONS Parcel 3 Aspen Alps Condominiums DENSITY Slope' Gross Area' Reduction Net Area' 0 - 20 34,433 None 34,433 20 - 30 2,136 50 Percent 1,068 30 - 40 719 75 Percent 180 40 > 4,998 100 Percent -- Total 42,286 35,681 FLOOR AREA Slope' Gross Area' Reduction Net Area 0 - 20 34,433 None 34,433 20 - 30 2,136 50 Percent 1,068 30 > 5,717 100 Percent -- Total 42,286 35,5014 ' All slopes measured in percent. 2 All land areas measured in square feet. 3 Based on the Slope Analysis Map prepared by Sopris Engineering, LLC, dated March 4, 2013. 4 Reduction in lot area for floor area purposes is less than 25 percent. //7 PROPERTY DESCRIPTION PARCELI BUILDING 100, ASPEN ALPS, ACCORDING TO THE CONDOMINIUM DECLARATION FOR ASPEN ALPS RECORDED DECEMBER 11, 19631N BOOK 205 AT PAGE 145, AS AMENDED, AND ACCORDING TO THE CONDOMINIUM MAP RECORDED JANUARY 8, 1964 IN PLAT BOOK 2A AT PAGE 304, COUNTY OF PITKIN, STATE OFCOLORADO SLOPE ANALYSIS OF: PARCEL 11 ASPEN ALPS CONDOMINIUM ASSOCIATION A PARCEL OF LAND SITUATED IN THE NW%4 OF SECTION 18 TOWNSHIP 10 SOUTH, RANGE 84WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 1 OF 1 100 ASPEN ALPS SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE,COLORADO 81623 (970) 704-0311 8 SHEET NOTES: EXHIBIT l7 1) THE SLOPE ANALYSIS SHOWN HEREON HAS BEEN GENERATED FROM A FIELD SURVEY PERFORMED APRIL THROUGH JULY, 2012. 2) EXISTING RIGHTS -OF -WAY, PUBLIC ROAD EASEMENTS AND SURFACE EASEMENTS FOR VEHICULAR ACCESS HAVE BEEN EXCLUDED FROM THIS SLOPE ANALYSIS. 3) DEVELOPMENT (BUILDING) FOOTPRINTS HAVE BEEN INCLUDED IN THE 0%-20% SLOPE RANGE CALCULATION. PARCEL 1 Color Range Beg. Range End Area 0.00 20.00 21S18 20.01 30.00 107 -- f 30.01 40.00 226 40.01 w 658 SLOPE AREA TOTAL 22S09 SURFACE EASEMENT AREA u159 TOTAL AREA PARCEL 1 26611 — • • — . • • • EASEMENT AGREEMENT BIL 327 PG. 777 AND AEC. N442126 /a 7 PROPERTY DESCRIPTION PARCEL BUILDING 200, ASPEN ALPS WEST, ACCORDING TO THE CONDOMINIUM DECLARATION FOR ASPEN ALPS WEST RECORDED MARCH 15, 1965 IN BOOK 212 AT PAGE 83, AS AMENDED, AND ACCORDING TO THE CONDOMINIUM MAP RECORDED MARCH 17, 1965 IN PLAT BOOK 3 AT PAGE 26, AMENDMENT NO, 1 RECORDED FEBRUARY 25, 1992 IN PLAT BOOK 28 AT PAGE 69, SECOND SUPPLEMENTAL CONDOMINIUM MAP RECORDED JULY 26, 2002IN PLAT BOOK 61 AT PAGE 40, THIRD SUPPLEMENTAL CONDOMINIUM MAP RECORDED OCTOBER 12, 2010 IN PLAT BOOK 94 AT PAGE 90, COUNTY OF PITKIN, STATE OF COLORADO I 11 SLOPE ANALYSIS OF: PARCEL 2, ASPEN ALPS CONDOMINIUM ASSOCIATION A PARCEL OF LAND SITUATED IN THE NW%4 OF SECTION 18 TOWNSHIP 10 SOUTH, RANGE 84WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 1 OF 1 ASPEN ALPS WEST(200 BUILDING) �� SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 SHEET NOTES: 1) THE SLOPE ANALYSIS SHOWN HEREON HAS BEEN GENERATED FROM A FIELD SURVEY PERFORMED APRIL THROUGH JULY, 2012. 2) EXISTING RIGHTS -OF -WAY, PUBLIC ROAD EASEMENTS AND SURFACE EASEMENTS FOR VEHICULAR ACCESS HAVE BEEN EXCLUDED FROM THIS SLOPE ANALYSIS. 3) DEVELOPMENT (BUILDING) FOOTPRINTS HAVE BEEN INCLUDED IN THE 0%-20% SLOPE RANGE CALCULATION. PARCEL Color Range Beg. Range End Area 0.00 20.00 2:280 20.01 30.00 20 30.01 40.00 483 40.01 m 2780 SLOPE AREA TOTAL 33163 TOTAL AREA PARCEL 33163 AQ� PROPERTY DESCRIPTION PARCEL BUILDING 300,400 AND 500, ASPEN ALPS SOUTH CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM DECLARATION FOR ASPEN ALPS SOUTH RECORDED DECEMBER 1,196S IN BOOK 217 AT PAGE 189, AND THE FIRST SUPPLEMENT RECORDED JANUARY 6, 1969 IN BOOK 238 AT PAGE 804, AND ACCORDING TO THE CONDOMINIUM MAP RECORDED DECEMBER 10, 1965 IN PLAT BOOK 3 AT PAGE 54, AND FIRST SUPPLEMENT RECORDED DECEMBER 10, 1969 IN PLAT BOOK 3 AT PAGE 373, SECOND SUPPLEMENT RECORDED APRIL 14, 2005 UNDER RECEPTION NO. 509992, COUNTY OF PITKIN, STATE OF COLORADO SHEET NOTES: 1) THE SLOPE ANALYSIS SHOWN HEREON HAS BEEN GENERATED FROM A FIELD SURVEY PERFORMED APRIL THROUGH JULY, 2012. 2) EXISTING RIGHTS -OF -WAY, PUBUC ROAD EASEMENTS AND SURFACE EASEMENTS FOR VEHICULAR ACCESS HAVE BEEN EXCLUDED FROM THIS SLOPE ANALYSIS. 3) DEVELOPMENT (BUILDING) FOOTPRINTS HAVE BEEN INCLUDED IN THE 0%-20% SLOPE RANGE CALCULATION. PARCEL3 Color Range Beg. Range End Area 0.00 20.00 34433 20.01 30.00 2136 30.02 40.00 719 40.01 a 4998 NET AREA TOTAL 42296 GROSS PARCEL AREA 42286 1 SLOPE ANALYSIS OF: PARCEL 3, ASPEN ALPS CONDOMINIUM ASSOCIATION A PARCEL OF LAND SITUATED IN THE NM/4 OF SECTION 18 TOWNSHIP 10 SOUTH, RANGE 84WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 1 OF 1 ASPEN ALPS SOUTH (300, 400,500 BUILDING) SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE,COLORADO 81623 (970)704-0311 1 G I I PROPERTY DESCRIPTION PARCEL2 BUILDING 200, ASPEN ALPS WEST, ACCORDING TOTHE CONDOMINIUM DECLARATION FOR ASPEN ALPS WEST RECORDED MARCH 1S, 1965 IN BOOK 212 AT PAGE 83, AS AMENDED, AND ACCORDING TO THE CONDOMINIUM MAP RECORDED MARCH 17, 1965 IN PLAT BOOK 3 AT PAGE 26, AMENDMENT NO. 1 RECORDED FEBRUARY 25, 1992 IN PLAT BOOK 28 AT PAGE 69, SECOND SUPPLEMENTAL CONDOMINIUM MAP RECORDED JULY 26, 20021N PLAT BOOK 61 AT PAGE 40, THIRD SUPPLEMENTAL CONDOMINIUM MAP RECORDED OCTOBER 12, 2010 IN PLAT BOOK 94 AT PAGE 90, COUNTY OF PITKIN, STATE OF COLORADO SLOPE ANALYSIS OF: PARCEL 4, ASPEN ALPS CONDOMINIUM ASSOCIATION A PARCEL OF LAND SITUATED IN THE NW%4 OF SECTION 18 TOWNSHIP 10 SOUTH, RANGE 84WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 1 OF 1 ASPEN ALPS SOUTH (700 BUILDING) SOPRIS ENGINEERING - LLC CIVIL CON ULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 SHEET NOTES: 1) THE SLOPE ANALYSIS SHOWN HEREON HAS BEEN GENERATED FROM A FIELD SURVEY PERFORMED APRIL THROUGH JULY, 2012. 2) EXISTING RIGHTS -OF -WAY, PUBLIC ROAD EASEMENTS AND SURFACE EASEMENTS FOR VEHICULAR ACCESS HAVE BEEN EXCLUDED FROM THIS SLOPE ANALYSIS. 3) DEVELOPMENT (BUILDING) FOOTPRINTS HAVE BEEN INCLUDED IN THE 0%-20% SLOPE RANGE CALCULATION. PARCEL 4 Color Range Reg. Range End Area 0.00 20.00 13098 20.01 30.00 119 30.01 40.00 92 40.01 w 313 SLOPE AREA TOTAL 13 612 TOTAL AREA PARCEL 2 13612 //G PROPERTY DESCRIPTION PARCELS BUILDING 800, ASPEN ALPS NORTH CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM DECLARATION FOR ASPEN ALPS NORTH RECORDED JANUARY 31, 1973 IN BOOK 271 AT PAGE 967, AND THE AMENDMENT RECORDED JUNE 4, 1973 IN BOOK 276 AT PAGE 393, AND AGREEMENT TO AMEND CONDOMINIUM DECLARATION FOR ASPEN ALPS NORTH CONDOMINIUMS RECORDED OCTOBER 19, 1993 IN BOOK 727 AT PAGE 437, AND AGREEMENT TO AMEND CONDOMINIUM DECIARATION FOR ASPEN ALPS NORTH CONDOMINIUMS RECORDED OCTOBER 19, 1993 IN BOOK 727 AT PAGE 457, AND ACCORDING TO THE CONDOMINIUM MAP RECORDED JANUARY 31, 1973 IN PLAT BOOK 4 AT PAGE 353, AND FIRST SUPPLEMENTAL CONDOMINIUM MAP RECORDED OCTOBER 19, 1993 IN PLAT BOOK 32 AT PAGE 87, AND SECOND SUPPLEMENTAL CONDOMINIUM MAP RECORDED OCTOBER 19, 1993 IN PLAT BOOK 32 AT PAGE 88, COUNTY OF PITKIN, STATE OF COLORADO SLOPE ANALYSIS OF: PARCEL S, ASPEN ALPS CONDOMINIUM ASSOCIATION A PARCEL OF LAND SITUATED IN THE NWY4 OF SECTION 18 TOWNSHIP 10 SOUTH, RANGE 84WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 1 OF 1 ASPEN ALPS NORTH (800 BUILDING) SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 SHEET NOTES: 1) THE SLOPE ANALYSIS SHOWN HEREON HAS BEEN GENERATED FROM A FIELD SURVEY PERFORMED APRIL THROUGH JULY, 2012. 2) EXISTING RIGHTS -OF -WAY, PUBLIC ROAD EASEMENTS AND SURFACE EASEMENTS FOR VEHICULAR ACCESS HAVE BEEN EXCLUDED FROM THIS SLOPE ANALYSIS. 3) DEVELOPMENT (BUILDING) FOOTPRINTS HAVE BEEN INCLUDED IN THE D%-20% SLOPE RANGE CALCULATION. Color Range Beg. Range End Area 0.00 20.00 13047 2001.30.00 1179 30.01 40.00 999 40.01 w 4125 NET AREA TOTAL 1933E ACCESS EASEMENTAREA 3OSS GROSS PARCEL AREA 22393 ASSUMED 10 D' WIOE RCN' FOR ASPEN MOUNTAIN ROAD CIVIL ACTION N,. 3912 I NOT SPECIFICALLY DEFINED CENTERED OVER UVING ROAD; J I it I 1 PROPERTY DESCRIPTION PARCEL6 LOT 2A, REPLAT OF LOT 2, MOSES LOT SPLIT (A LOT LINE ADJUSTMENT) AND FINAL SUBDIVISION PLAT OF THE GEORGE P. MITCHELL AND H. A. BORNEFELD, JR. PROPERTY, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 3, 1992 UNDER RECEPTION NO. 348317, COUNTY OF PITKIN, STATE OF COLORADO. PARCEL INCLUDES GOVERNMENT LOT 42, SECTION 19, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF PITKIN, STATE OF COLORADO (LOT 42 MERGED WITH LOT 33, PER BUREAU OF LAND MANAGEMENT SUPPLEMENTAL PLAT, DATED 1995, RECORDED AT PLAT BOOK 36 AT PAGE 94). EXCEPTING THEREFROM THOSE PORTIONS LYING WITHIN ASPEN ALPS SOUTH CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM DECLARATION FOR ASPEN ALPS SOUTH RECORDED DECEMBER 1, 1965 IN BOOK 217 AT PAGE 189, AND THE FIRST SUPPLEMENT RECORDED JANUARY 6, 19691N BOOK 239 AT PAGE 804, AND ACCORDING TO THE CONDOMINIUM MAP RECORDED DECEMBER 10, 1965 IN PLAT BOOK 3 AT PAGE 54, AND FIRST SUPPLEMENT RECORDED DECEMBER 10, 1969 IN PLAT BOOK 3 AT PAGE 373. SLOPE ANALYSIS OF: PARCEL 6, ASPEN ALPS CONDOMINIUM ASSOCIATION A PARCEL OF LAND SITUATED IN THE NWY4 OF SECTION 18 TOWNSHIP 10 SOUTH, RANGE 84WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 1 OF 1 LOT 2A - MOSES REPLAT SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 SHEET NOTES: 1) THE SLOPE ANALYSIS SHOWN HEREON HAS BEEN GENERATED FROM A FIELD SURVEY PERFORMED APRIL THROUGH JULY, 2012. 2) EXISTING RIGHTS -OF -WAY, PUBLIC ROAD EASEMENTS AND SURFACE EASEMENTS FOR VEHICULAR ACCESS HAVE BEEN EXCLUDED FROM THIS SLOPE ANALYSIS. 3) DEVELOPMENT (BUILDING) FOOTPRINTS HAVE BEEN INCLUDED IN THE 0%-20% SLOPE RANGE CALCULATION. Color Range Beg. Range End Area 0.00 20.00 30S40 20.01 30.00 9772 30.01 40.00 11199 40.01 44378 NET AREA TOTAL 95,889 ACCESS EASEMENT AREAS S2,293 GROSS PARCEL AREA 148,192 — • • — • • —EASE-" //Z SLOPE ANALYSIS OF: PARCEL 7, ASPEN ALPS CONDOMINIUM ASSOCIATION A PARCEL OF LAND SITUATED IN THE NW% OF SECTION 18 TOWNSHIP 10 SOUTH, RANGE 84WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 1 OF 1 PARKING AND AFFORDABLE HOUSING; FORMERLY LOT 2B, MOSES REPLAT PROPERTY DESCRIPTION PARCEL] LOT 2B, REPLAT OF LOT 2, MOSES LOT SPLIT (A LOT LINE ADJUSTMENT) AND FINAL SUBDIVISION PLAT OF THE GEORGE P. MITCHELL AND H. A. BORNEFELD, JR. PROPERTY, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 3, 1992 UNDER RECEPTION NO. 348317, COUNTY OF PITKIN, STATE OF COLORADO. SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS "RONG.D D DR,DD ,wYouw ° o�RM N ,�„ 502 MAIN STREET, SUITE A3 ON.— URONANYDEF°CTINTIRS tl NINTNREEYFARS CARBONDALE, COLORADO 81623 TE,S—EASUCNDEF— INNO— °YE" SFR'o«" HE TEo c�nEN"o °»o�""N wN°MO"" " "NAY ANY 4CfION " (970) 704-0311 SHEET NOTES 1) THE SLOPE ANALYSIS SHOWN HEREON HAS BEEN GENERATED FROM A FIELD SURVEY PERFORMED APRIL THROUGH JULY, 2012. 2) EXISTING RIGHTS -OF -WAY, PUBLIC ROAD EASEMENTS AND SURFACE EASEMENTS FOR VEHICULAR ACCESS HAVE BEEN EXCLUDED FROM THIS SLOPE ANALYSIS. 3) DEVELOPMENT (BUILDING) FOOTPRINTS HAVE BEEN INCLUDED IN THE D%-20%SLOPE RANGE CALCULATION. Color Range Beg. Range End Area D.OD 20.00 24525 20.01 30.00 1155 30.01 40.00 170D 40.01 w 7297 NET AREA TOTAL 34677 ACCESS EASEMENT AREA 637 GROSS PARCEL AREA 35314 llWIDE ACCESS ERSEMENT • • • FOR 45PEN CHANCE OR 4TE PG. 780 / // 11 1 1 [ _1 I I PROPERTY DESCRIPTION PARCEL A TRACT OF LAND SITUATED IN THE WEST ONE-HALF OF THE NORTHWEST ONE -QUARTER OF SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M., COUNTY OF PITKIN, STATE OF COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF THAT TRACT OF LAND SHOWN ON THE CONDOMINIUM MAP OF ASPEN ALPS NORTH RECORDED IN PLAT BOOK 4 AT PAGE 353, FROM WHENCE CORNER NO. 9 OF ASPEN TOWNSITE BEARS NORTH 10'06'00" EAST 239.97 FEET AND NORTH 39'57'22" WEST 403.50 FEET; THENCE ALONG THE SOUTHERLY LINE OF SAID TRACT OF LAND SOUTH 79'05'00" EAST 3S.72 FEET; THENCE SOUTH 20'15'00" EAST 11.00 FEET; THENCE SOUTH 03'30'00" EAST 12.50 FEET TO LINE 5-6 OF THE M&Y LODE, UNITED STATES MINERAL SURVEY NO. 3921; THENCE ALONG LINE 5-6 OF SAID M&Y LODE SOUTH 44'59'00" WEST 67.87 FEET TO LINE 3-4 OF THE MILLIONAIRE LODE, UNITED STATE MINERAL SURVEY NO. 362DA; THENCE ALONG LINE 3-4 OF SAID MIWONAIRE LODE NORTH 04'30'00" EAST 55.20 FEET TO CORNER NO.4 OF SAID MILLIONAIRE LODE; THENCE NORTH 10'06'00" EAST 22.97 FEET TO THE POINT OF BEGINNING. SLOPE ANALYSIS OF: PARCEL 8, ASPEN ALPS CONDOMINIUM ASSOCIATION A PARCEL OF LAND SITUATED IN THE NW%4 OF SECTION 18 TOWNSHIP 10 SOUTH, RANGE 84WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 1 OF 1 BOOK 706 AT PAGE 929 SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 SHEET NOTES: 1) THE SLOPE ANALYSIS SHOWN HEREON HAS BEEN GENERATED FROM A FIELD SURVEY PERFORMED APRIL THROUGH JULY, 2012. 2) EXISTING RIGHTS -OF -WAY, PUBLIC ROAD EASEMENTS AND SURFACE EASEMENTS FOR VEHICULAR ACCESS HAVE BEEN EXCLUDED FROM THIS SLOPE ANALYSIS. 3) DEVELOPMENT (BUILDING) FOOTPRINTS HAVE BEEN INCLUDED IN THE 0%-20%SLOPE RANGE CALCULATION. Color Range Beg. Range End Area 0.00 20.00 337 20.01 30.00 107 30.01 40.00 426 40.01 12S6 NET AREA TOTAL 2126 ACCESS EASEMENT AREA 0 GROSS PARCEL AREA 2126 //9 f 1 1 1 1 1 Table 4 SLOPE REDUCTION CALCULATIONS Parcel 4 Aspen Alps Condominiums DENSITY Slope' Gross Areal Reduction Net Area' 0 - 20 13,098 None 13,098 20 - 30 119 50 Percent 59 30 - 40 82 75 Percent 20 40 > 313 100 Percent -- Total 13,612 13,177 FLOOR AREA Slope' Gross Areal Reduction Net Area' 0 - 20 13,098 None 13,098 20 - 30 119 50 Percent 59 30 > 395 100 Percent -- Total 13,612 13,1574 I All slopes measured in percent. z All land areas measured in square feet. 3 Based on the Slope Analysis Map prepared by Sopris Engineering, LLC, dated March 4, 2013. 4 Reduction in lot area for floor area purposes is less than 25 percent. Table 5 SLOPE REDUCTION CALCULATIONS Parcel 5 Aspen Alps Condominiums DENSITY Slope' Gross Areal Reduction Net Area 0 - 20 13,047 None 13,047 20 - 30 1,178 50 Percent 589 30 - 40 988 75 Percent 247 40 > 4,125 100 Percent -- Total 19, 3384 13,883 FLOOR AREA Slope' Gross Areal Reduction Net Area 0 - 20 13,047 None 13,047 20 - 30 1,178 50 Percent 589 30 > 5,113 100 Percent -- Total 19,3384 13,6365 1 All slopes measured in percent. 2 All land areas measured in square feet. 3 Based on the Slope Analysis Map prepared by Sopris Engineering, LLC, dated March 4, 2013. 4 Excludes 3,055 square feet of road easement. 5 Reduction in lot area for floor area purposes is greater than 25 percent. Parcel 5's lot area for floor area purposes, therefore, is 14,503 square feet (i.e., 19,338 sq. ft. x 0.75). Table 6 SLOPE REDUCTION CALCULATIONS Parcel 6 Aspen Alps Condominiums DENSITY Slope' Gross Areal Reduction Net Area 0 - 20 30,540 None 30,540 20 - 30 9,772 50 Percent 4,886 30 - 40 11,199 75 Percent 2,800 40 > 44,378 100 Percent -- Total 95,8894 38,226 FLOOR AREA Slope' Gross Areal Reduction Net Area 0 - 20 30,540 None 30,540 20 - 30 9,772 50 Percent 4,886 30 > 55,577 100 Percent -- Total 95,8894 35,4265 ' All slopes measured in percent. z All land areas measured in square feet. 3 Based on the Slope Analysis Map prepared by Sopris Engineering, LLC, dated March 4, 2013. 4 Excludes 52,293 square feet of road easement and the 700 Building parking area. 5 Reduction in lot area for floor area purposes is greater than 25 percent. Parcel 6's lot area for floor area purposes, therefore, is 71,917 square feet (i.e., 95,889 sq. ft. x 0.75). /vc Table 7 SLOPE REDUCTION CALCULATIONS Parcel 7 Aspen Alps Condominiums DENSITY Slope' Gross Areal Reduction Net Area 0 - 20 24,525 None 24,525 20 - 30 1,155 50 Percent 577 30 - 40 1,700 75 Percent 425 40 > 7,297 100 Percent -- Total 34,6774 25,427 FLOOR AREA Slope' Gross Areal Reduction Net Area' 0 - 20 24,525 None 24,525 20 - 30 1,155 50 Percent 577 30 > 8,997 100 Percent -- Total 34,6774 25,1025 ' All slopes measured in percent. Z All land areas measured in square feet. 3 Based on the Slope Analysis Map prepared by Sopris Engineering, LLC, dated March 4, 2013. 4 Excludes 637 square feet of road easement. 5 Reduction in lot area for floor area purposes is greater than 25 percent. Parcel 7's lot area for floor area purposes, therefore, is 26,008 square feet (i.e., 34,677 sq. ft. x 0.75). /7/ Table 8 SLOPE REDUCTION CALCULATIONS Parcel 8 Aspen Alps Condominiums DENSITY Slope' Gross Areal Reduction Net Area 0 - 20 337 None 337 20 - 30 107 50 Percent 53 30 - 40 426 75 Percent 106 40 > 1,256 100 Percent -- Total 2,126 496 FLOOR AREA Slope' Gross Areal Reduction Net Area 0 - 20 337 None 337 20 - 30 107 50 Percent 53 30 > 1,682 100 Percent -- Total 2,122 3904 ' All slopes measured in percent. 2 All land areas measured in square feet. 3 Based on the Slope Analysis Map prepared by Sopris Engineering, LLC, dated March 4, 2013. 4 Reduction in lot area for floor area purposes is greater than 25 percent. Parcel 8's lot area for floor area purposes, therefore, is 1,595 square feet (i.e., 2,126 sq. ft. x 0.75). d: \oldc\bus\notes\nts58112. slp ' EXHIBIT e /1�1 Engineering Report for 1 Aspen Alps Consolidated PUD Submittal Aspen, Colorado Prepared for: ' Aspen Alps Condominium Association c/o James DeFrancia ' Weston Capital Corporation P.O. Box 12393 Aspen, CO 81612 Prepared by: ' Sopris Engineering, LLC 502 Main Street Suite A3 ' Carbondale, Colorado 81623 SE Project Number: 11100.01 March 2013 28377 y, SOPRIS ENGINEERING • LLC civil consultants 502 Main Street Suite A3 Carbondale Colorado 81623 (970)704-0311 Fax:(970)704-0313 Page �1 ' /Z3 I Emineerino Report - Aspen Alps PUD March 2013 Contents I Purposeof Report......................................................................................................................................1 II. Background ................................................................................................................................................1 ' III. Parcel &Bu ilding Summary ........................................................................................................................1 IV. Overall Exis tingUtilities Summary ..............................................................................................................1 A. B. Water...................................................................................................................................................... Sanitary Sewer....................................................................................................................................... 2 3 C. Shallow Utilities....................................................................................................................................... 3 V. VI. Existing Access Roads............................................................................................................................... Existing Dra inage Conditions .................. 4 VII. Individual B uilding Utilities and Access Summary ...................................................................................... 5 VIII. IX. Redevelopment Drainage Mitigation Requirements..................................................................................12 Potential Subdivision Criteria Variances...................................................................................................13 X. 1 ' SOPRIS ENGINEERING • LLC civil consultants 502 Main Street Suite A3 Carbondale Colorado 81623 (970)704-0311 Fax:(970)7044313 Page 11 I Engineering Report - Aspen Alps PUD December 11 2012 t- 1. Purpose of Report This Engineering Report has been prepared in support of a Consolidated PUD application and describes the existing utilities, drainage and access infrastructure currently serving the individual buildings located within the Aspen Alps Condominium complex. In addition, this report outlines the various improvements and variances that maybe required as aging buildings need replaced/upgraded or if future redevelopment of the area is pursued. II. Background Aspen Alps Condominium Association is located within the City of Aspen and lies along the northeast base of Aspen Mountain. The first building was constructed in 1963 and was the first legally established condominium within the State of Colorado. Today the complex includes 73 condominium units and 3 affordable housing unts spread throughout eight separate buildings which include a parking structure with a rooftop tennis court and shed. The area is broken into eight parcels totaling approximately 7.4 acres. An improvement survey plat was recently performed for the entire site. This work included locating all on -site improvements such as: utilities, access roads, drainage infrastructure, buildings and parking areas as well as identifying recorded easements and parcel boundaries for each of the eight parcels. Numerous coordination meetings with the various utility providers and maintenance staff have taken place. This report summarizes our findings along with improvement recommendations to existing access roads, drainage and utility infrastructure that may be required if redevelopment of the area is pursued. Exhibit 1 has been provided for illustrational support. 111. Parcel & Building Summary Aspen Alps is broken into eight separate parcels. Some of these parcels include buildings while others only include roads and/or landscaping open space areas. Below is a brief summary of each of the parcels and associated buildings. • Parcel 1: 0.61 acres and includes Building 100 (Conference Room, Pool and 16 Units) ' • Parcel 2: 0.76 acres and includes Building 200 (Spa, Offices and 16 Units) • Parcel 3: 0.97 acres and includes Buildings 300 (7 units), 400 (7units) & 500 (8 Units) ' • Parcel 4: • Parcel 5: 0.31 acres and includes Building 700 (10 Units) 0.51 acres and includes Building 800 (9 Units) • Parcel 6: 3.4 acres and includes South Alps Road and landscaping areas (No buildings) • Parcel 7: 0.81 acres and includes the Winter Building/parking structure with tennis courts and 3 ' Affordable Housing Units, as well as a tennis shed • Parcel 8: 0.05 acres and includes stairway and landscaping (no buildings) IV. Overall Existing Utilities Summary The improvement survey work identified numerous utilities in and around the Aspen Alps area, This section provides a macro summary of the surrounding utilities that are currently serving the property and various buildings. Sopris Engineering • LLC civil consultants 502 Main Street Suite A3 Carbondale Colorado 81623 (970)704-0311 Fax:(970)704-0313 Page 11 /ZS I Engineering Report - Aspen Alps PUD March 2013 A. Water The City of Aspen Water Department is the provider of potable water for the subject parcels and associated buildings. The information outlined within this section is a compilation of field survey locate information and ' discussions with the City of Aspen Water Department staff, The network of water mains around the area consists of varying pipe sizes, materials and looped systems. ' The primary looped main that delivers water to the site is routed down Ute Avenue, up S. Alps Rd and then along the west side of the site. The section of water main that runs along Ute Avenue begins at a valve cluster located at the intersection of Spring Street and Ute Avenue. East of this cluster is an 8-inch Ductile Iron Pipe (DIP) that runs east between Buildings 100 & 200 along the non -vehicular pedestrian corridor of Ute Avenue. This 8-inch water main transitions into a recently installed 12-inch DIP east of the valve cluster located at the intersection of Ute Avenue and Original Street. The main heading north from this cluster and along Original Street is a 6-inch Cast Iron Pipe (CIP). The recently upgraded 12-inch DIP continues from the Original Street/Ute Avenue intersection towards the east for approximately 260-feet where it connects to an existing valve cluster. The main continues to the east as a 10-inch CIP and south along S. Alps Road as a 6-inch CIP. The 6-inch CIP runs up S. Alps Road and provides service to Aspen Alps Buildings 300-500 & 800, parking structure and a couple of fire hydrants and several other buildings along the S. Alps corridor. One of the fire hydrants is located approximately 350-ft south of the S. Alps Rd and Ute Avenue intersection along the west side of S. Alps Rd. The second fire hydrant along this corridor was installed during the re -build of Building 500 and is just southwest of this building along the north side of an access to Aspen Mountain. The 6-inch CIP terminates at a 12-inch DIP line that falls on Aspen Skiing Company LLC, Little Nell and Aspen Valley Trust property. From the 6-inch CIP tie in the 12-inch water main continues to the north and south. To the north it reconnects to the valve cluster located at the intersection of Spring St and Ute Avenue intersection completing ' the looped system. The line that runs to the south is a 12-inch DIP for approximately 200-ft where it connects to a valve cluster that appears to branch to the west with two parallel lines and to the south. The two parallel lines heading west from this cluster are a 12-inch DIP and 6-inch DIP. The termination point of these two lines is unknown; however a service line appears to branch off the 6-inch DIP line to serve Building 700. The material and size of the water main that runs south from the parallel lines is also unknown but serves a fire hydrant located just south of Building 700 and residences located at 605 and 675 S. Alps Rd. The City of Aspen Fire District has indicated that all Aspen Alps buildings will eventually require a complete fire suppressant system, whether triggered by redevelopment or insurance requirements. The Fire District is ' currently requiring that sprinkler piping network be installed with any significant remodel of any individual unit. The sprinkler heads will not be installed until an entire suppressant system is connected to a viable source and a completed system comes online for each building. This requirement may likely have an impact on existing ' water service sizes as well as the 6-inch CIP that runs along S. Alps Rd. It is recommended that fire flow tests be performed at each of the existing fire hydrants along S. Alps Rd to obtain actual water pressures. This information will be useful for future planning, fire sprinkler design and understanding the potential upgrade ' requirements for this water main. According to Aspen Alp's maintenance staff all buildings have individual irrigation systems that are fed from the potable system. Backflow preventers are provided and the main routing and control systems for each of the irrigation system are within their corresponding buildings. SOPRIS ENGINEERING • LLC civil consultants 502 Main Street Suite A3 Carbondale Colorado 81623 (970)704-0311 Fax:(970)704-0313 Page 12 /ZG IEngineering Report - Aspen Alps PUD March 2013 ' B. Sanitary Sewer The provider of sanitary sewer service for the Aspen area including Aspen Alps Condominium complex is Aspen Consolidated Sanitation District (ACSD). The information outlined within this section is a combination of information shared by ACSD as well as utility locate information obtained from the improvement survey. This section only describes the sanitary mains owned and operated by ACSD. Further discussions of individual services is discussed in a subsequent section of this report. The primary ACSD sanitary sewer main that serves the Aspen Alps area runs east to west along Ute Avenue. ' East of S. Alps Rd is an 8-inch Vitrified Clay Pipe (VCP). The parking structure is connected to this section of sewer main. West of the S. Alps Rd the sanitary sewer main changes to 10-inch VCP and serves Buildings 100, 200 and 800. This line heads north down Spring Street as a 12-inch PVC line and connects to the main ' along E. Durant Avenue. An 8-inch VCP sanitary main runs south from ACSD Manhole #UA-6 and up S. Alps for approximately 450-ft before terminating at ACSD Manhole UB-2. Two privately maintained independent service lines continue out of this manhole to provide service to three residential units outside the Aspen Alps ' Complex and for Aspen Alps Buildings 300-500 and 700. The sizes and material types of these private sewer lines is unknown. C. Shallow Utilities Shallow utilities serving the Aspen Alps complex buildings include electric, cable, gas and telephone. The information provided within this section includes utility locates obtained during the improvement survey as well as discussions with the individual utility providers. Electric service is provided by Holy Cross Energy. Each building obtains service from one of several transformers in the area. The main electric corridors for underground electric lines include Ute Avenue Right - of -Way and a main line that runs south along the western property line of Aspen Alps Association. A 5-ft wide easement is in place however the electric main appears to fall outside of this easement at several locations and onto Little Nell, Aspen Skiing Company LLC and Aspen Valley Land Trust property. Title work performed during the preparation of the improvement survey did not include off -site property and therefore easements associated with the electric lines running along these adjacent properties were not identified. Existing infrastructure is in the area to easily swap any of the single phase transformers out with a 3 phase transformer if future development requires this upgrade. Cable service is provided by Comcast. Numerous pedestals were located onsite and the main utility corridor also includes Ute Avenue Right -of -Way and the east side of Little Nell and Aspen Skiing Company property. Telephone service is provided b Century Link. Numerous pedestals were identified onsite and the main g P Y ry telephone corridor seems to be routed from Building 200. This network of phone lines includes 200 pairs and serves Buildings 200-800 within Aspen Alps along with Ajax Condos, 550 S. Alps Rd and 675 S. Alps Rd. If redevelopment occurs with Building 200 consideration of re-routing this telephone service will have to be considered to continue service to the previously mentioned buildings. U SOPRIS ENGINEERING • LLC civil consultants 502 Main Street Suite A3 Carbondale Colorado 81623 (970)704-0311 Fax:(970)704-0313 Page 13 1 le 7 IEngineering Report - Aspen Alps PUD March 2013 �— Gas service is provided by Source Gas. The gas mains serving the Aspen Alps area include 1-inch thru 2-inch steel and polyethylene pipes. All laterals seem to branch off the main line running along Ute Avenue. These ' existing gas mains are adequate given the existing load demands and Source Gas is not currently experiencing any issues in the area. They did however note that any relocation of existing mains or services will need to be replaced with plastic pipes and size upgrades will be dependent on expected loads associated with any redevelopment and/or renovations. V. Existing Access Roads Access for each of the existing buildings within the Aspen Alps complex is off Spring Street, Original Street, S. Alps Rd, Aspen Mountain Rd and/or Ute Avenue. Spring Street, Original Street and Ute Avenue are all City of ' Aspen Right -of -Ways. S. Alps Rd and Aspen Mountain Rd are privately owned and maintained access roads. S. Alps Rd provides access to Buildings 300-500, 700 as well as the following residences that fall outside the ' Aspen Alps Association: 820 & 942 Chance Ct, 965 & 970 Powder Lane, 550, 605 & 675 S. Alps Rd. This private road lies within a 20-ft wide access and utility easement. The actual roadway falls outside of this designated easement at several locations. Based on survey topography the road grades range from 4%+/- to 12%+/- with an average slope of 8%+/-. The minimum centerline radius of this existing road is approximately 24-feet. The road terminates at a parking area along the east side of Building 700. This condition does not currently meet the standards of a cul-de-sac, "T" or "Y" turnaround area for fire truck movement. The City of ' Aspen Fire District has indicated that this existing road is acceptable; however a fire suppressant system will be required if any redevelopment or renovations is performed on any buildings that are not currently equipped with a fire suppressant system, In addition a viable turn around at the parking area serving Building 700 will �^ have to be included with any redevelopment plans associated with this area. Aspen Mountain Rd is a 12-ft+1- wide asphalt road that provides access to Building 800 and Ajax Condos. It heads south off of Ute Avenue and has an average slope of approximately 12%. A 22' wide access easement is in place; however widening the road to encompass the available width is not achievable given the proximity of existing edge of asphalt to Ajax Condo building. This road also serves as the main access to Aspen ' Mountain. A parking lot is provided at the end of the paved road and serves Building 800. This parking area does not meet the standards of a cul-de-sac, "T" or "Y" turnaround area for fire truck movement. The access road also does not meet the 18-ft minimum paved access width as specified by fire code. The Aspen Fire District has many concerns with this existing access and therefore any redevelopment plans associated with Building 800 should include a viable access for emergency vehicles. VI. Existing Drainage Conditions The Aspen Alps property lies at the northeast base of Aspen Mountain. The area falls within drainage System 1 as described within the Surface Drainage Master Plan for the City of Aspen. Drainage System 1 encompasses the east side of Aspen and collects runoff from Spar Gulch and the east side of the City. Runoff from this basin is directed to either a 24-inch Corrugated Metal Pipe (CMP) located at the southern end of Spring Street or a concrete channel located at the intersection of S. Alps Rd and Ute Avenue. This concrete drainage chase includes an 18-inch HDPE pipe that collects minor flows. Higher flows are conveyed down a 2-ft wide by 18-inch deep concrete channel. The 18-inch pipe and concrete channel are both connected to a ' ^ 36-inch plastic storm sewer. This pipe and the storm line that runs north down Spring Street converge at the intersection of Spring Street and Main Street prior to discharging into the Roaring Fork River. ' SOPRIs ENGINEERING • LLC civil consultants 502 Main Street Suite A3 Carbondale Colorado 81623 (970)704-0311 Fax:(970)704-0313 Page 14 'e Q � I Engineering Report - Aspen Alps PUD March 2013 Li Site topography within the Aspen Alps area generally slopes south to north on grades varying between 1 % and ' 80% with the flatter areas falling within Parcels 1, 2 and 7. Site runoff that is not routed to one of several dry wells located throughout Aspen Alps follows natural drainage patterns on the surface and ultimately to the City's storm sewer system described above. Aspen Alps maintenance staff did mention that numerous roof Igutters and downspouts are currently routed to the sanitary sewer system. Portions of the subject property falls within the City of Aspen's mudflow hazard area. These parcels include 1, ' 2 and 7. Parcel 2 and portions of Parcel 1 fall within the "Blue" mudflow zone. Development or redevelopment within this area that includes modifying existing grades or create obstructions are required to perform a 100- year mudflow analysis to demonstrate that the proposed development will manage/mitigate any potential ' mudflow issues and not impact their property or neighboring properties. Parcel 7 and portions of Parcel 1 fall within the "Yellow" mudflow zone. Mitigation requirements within this zone are identified by the City of Engineer on a case -by -case basis. VII. Individual Building Utilities and Access Summary I 1 1 Numerous meetings with utility providers, Aspen Fire District and Aspen Alps maintenance staff have taken place to better understand the infrastructure serving each of the existing eight buildings that comprise Aspen Alps Condominium Association. The results of these coordination meetings is summarized below: Building 100 is located at the northwest corner of Original Street/Ute Avenue intersection and on Parcel 1. This was the first building constructed within Aspen Alps and is the northernmost building. This building is served by the following utilities: Water: A 2-inch galvanized water service is currently pulled from the 6-inch CIP water main that runs along Original Street. Recent renovations to the basement included a fire suppressant system with a fire department connection located at the north end of the building. The Aspen Fire District will require the installation of a fire suppressant sprinkler system if any complete renovations occur. Currently they are requiring the sprinkler piping network to be included with significant remodels of any units. The sprinkler heads are not allowed and the suppressant system will not be supplied with water until a complete system is in place for the building. This requirement will likely include upsizing the existing 2-inch water service. Sanitary Sewer: The internal sewer service for this building includes two 5-inch CIP sewer pipes that connect at the midpoint of the building. Irregularly sloped pipes with numerous high and low points were observed during a site visit. The sewer pipe exiting the building was not identified. The sewer service is routed to a sewer manhole located at the southwest corner of the building. This line connects to ACSD's sewer main at Manhole UA-4 located at the intersection of Springs Street and Ute Avenue. This entire service line is considered private and the size and material was not identified. • Shallow Utilities for Building 100 include gas, electric, cable and telephone: o Gas service to Building 100 is a 2-inch steel line extended from a 2-inch steel main that runs along Original Street. If any major renovations or redevelopment of Building 100 take place SOPRIs ENGINEERING • LLC civil consultants 502 Main Street Suite A3 Carbondale Colorado 81623 (970)704-0311 Fax:(970)704-0313 Page 15 IEngineering Report - Aspen Alps PUD March 2013 �- Source Gas has indicated that although the service size is adequate given the existing loads replacing the steel pipe with plastic pipe will be required, o Electric service is pulled from a single phase transformer (#4087 Y4) located between Building 100 & 200 within the pedestrian corridor of Ute Avenue o Cable service is pulled from a pedestal located along Original Street. Adequate service is available. o Telephone service is pulled from a pedestal (#601) located along Original Street and adequate service is available. ' Access: Building 100 is accessed from a one-way, gate activated, entrance off of Original Street. Departing traffic is directed to Spring Street via a one-way, gate activated exit. Parking for this building is on the Sky Hotel's property located along the northwest side of Building 100. A parking easement has been granted to Aspen Alps for 16 parking spaces. The Aspen Fire District noted that they have concerns about accessing the northwest side of the building and that any redevelopment of ' this Building will require access for fire truck apparatus. • Drainage: Building 100 is located on Parcel 1 of the Aspen Alps Condominium Association. Surface runoff generally runs south to north with the majority of flows being intercepted by area inlets, gutters and a trench drain located along the west side of the parking lot. The area inlets are located along the south side of Building 100 within the low lying pool area. The bulk of runoff from the southern roof and south side of the building are conveyed to these inlets. It is believed that these area inlets are routed to the sanitary sewer system. Runoff from the north parking lot and portions of the north roof are conveyed to a trench drain that runs along the length of the access/parking area. This 6-inch wide trench drain is connected to a dry well located at the west end of the access/parking area. Some gutters and roof downspouts were identified and it is believed that these downspouts are connected to the sanitary sewer system. ' Building 200 is located on Parcel 2 and lies immediately south of the Ute Avenue pedestrian corridor. It includes two separate buildings that are connected by a covered access road above and utility chases underground. This building is served by the following utilities: • Water: A 3.5-inch CIP water service is currently pulled from the 8-inch DIP that runs through the Ute Avenue pedestrian corridor. The spa area of this building includes a fire suppressant system with the fire department connection located at the western side of the spa building. The Aspen Fire District will require the installation of a fire suppressant sprinkler system if any complete renovations occur. Currently they are requiring the sprinkler piping network to be included with significant remodels of any units. The installation of the associated sprinkler heads will not be allowed until an entire suppressant system is connected to a viable source and a complete system is installed for the entire building. • Sanitary Sewer: The internal sewer service for this building is routed to the 10-inch VCP sewer main -- that runs through the Ute Avenue pedestrian corridor. According to maintenance staff Building 200 used to have two separate sewer services that connected to this sewer main. The sewer service that ' SOPRIS ENGINEERING • LLC civil consultants 502 Main Street Suite A3 Carbondale Colorado 81623 (970)7040311 Fax:(970)704-0313 Page 16 /ale IEngineering Report - Aspen Alps PUD March 2013 - exited the building at the northeast corner was recently abandoned do to a clogged service line. A sump pump was installed under Unit 208 and a 2-inch force main was routed to the west and connected to a sewer pipe serving a spa bathroom. A roof downspout located at the southeast corner of the building is also routed to this sump pump. This retro-fix has caused overloading issues to the sump pump and often times forces captured air out of a toilet located in the spa area. The second ' sewer service exits the building along the west parking lot access. A 6-inch PVC cleanout was located at this location. The invert of this cieanout was measured 12-ft+/- below existing grade. The actual size of this sewer service was not identified and given the installation of the sump pump this i sewer service now conveys all effluent from Building 200 to the 10-inch VCP sewer main. • Shallow Utilities for Building 200 include gas, electric, cable and telephone: ' o Gas service to Building 200 is a 1 '/4-inch steel line pulled from the 2-inch steel main that runs along the Ute Avenue pedestrian corridor. If any major renovations or redevelopment of Building 200 takes place Source Gas has indicated that the 1 '/4-inch steel service will need to be replaced with a plastic pipe and the size will be dependent on expected loads associated with the proposed improvements. o Electric service is pulled from a single phase transformer (#4087 Y3) located between Buildings 200 & 800 along the east side of Aspen Ski Mountain. If redevelopment of Building 200 and/or 800 is pursued it is likely that given the location of this transformer Holy Cross may require that it be relocated so that it is more accessible. o Cable service is pulled from a pedestal located along the northwest corner of Building 200. o Telephone service is pulled from the main line that runs along the Ute Avenue pedestrian corridor. 200 pairs are routed to Building 200 and then routed up to serve Buildings 300-800 along with several other buildings outside the Aspen Alps Condominium Association. If redevelopment occurs with Building 200 consideration of re-routing this telephone service will have to be considered to continue service to the previously mentioned buildings. • Access: Building 200 is accessed from a one-way entrance off of Spring Street. The entrance is covered and cuts between the two buildings that comprise Building 200. This access leads to a parking area that lies to the south of Building 200 and accommodates approximately 20 parking stalls, Portions of the southern parking area falls on 777 Ute Avenue property; however a parking easement for this area has been granted to Aspen Alps Association. Departing traffic is directed to the corner of Ute Avenue and Original Street. The Aspen Fire District noted that they are not able to get fire trucks through the covered entrance and the exit corridor is too narrow with a tight radius for their fire trucks to enter or exit. Any redevelopment to this building will have to consider fire truck access and movement requirements. • Drainage: Building 200 is located on Parcel 2 of the Aspen Alps Condominium Association. Surface runoff generally runs south to north with the majority of the southern flows being intercepted by dry wells and roof gutters/downspouts. Two dry wells were located within the parking lot. The east dry -- well only accepts surface runoff. The west dry well accepts surface runoff as well as a small portion of the roof. The majority of the area along the north side of the building is routed to the City's storm ' SOPRIS ENGINEERING • PLC civil consultants 502 Main Street Suite A3 Carbondale Colorado 81623 (970)704-0311 Faz:(970)704-0313 Page 17 /3/ to ineenn �� �• •� - via utter and sewer system located along Spring Street. Portions efsurface are rout d to the root are tthe sanitary sewer downspouts. The downspouts that do not daylight at t system. A single ar ea inlet was located within the spa's patio walk -out area along the north side of the building. This inlet is also routed to the sanitary sewer system. together within ' are all described9 Buildings 300 - 500 are located on Parcel and alonand utility services S. Io. it should be noted that a fir completely o pl tare this report due to the similar access, drainagepertaining to the various utility destroyed Building 400 and portions of Building 500. Information p 9 outline below: copper water service is provided for Buildings pl to and500 struuct on ofand are lBuilding 400 a ed from the 6- Water: A 2-inch copp complete r inch CIP water main that runs up S. Alps Road. During the comp r main that runs up S. 4-inch DIP water service was installed. It also stems from the 6-inch clt on ofeBuildings 400 and 500 Alps Rd. A fire suppressant system was installed during the reco -i ru the side of (excluding Unit 506 wi thin Building 500). Fire department connections arfrrersuidees along system will redevelopment or insurance the buildings that face S. Alps Rd. The Fire well; ee er tiggeredstated aby potentially ' eventually be required for Building 30 uirin the sprinkler piping network to be e uirements. This requirement may likely include up{ ii i requiring it the existing water service an requirements. the 6-inch CIP water main. Currently the Fire Distr remodels of any unit. The sprinkler heads difor the entireabuilding. ntil an entire included with significant suppressant system is connected to a viable source and is completed UB-2 This Sanitary Sewer: Sewer service for Buildings 300-500 is extended fro IICre�ma Manhole remaining ewer lines are manhole ends the sewer main that is owned and operated y privately owned and maintained. The sewer service size and material that serves Buildings 300-500 is unknown but it is believed that it runs under each of the buildings. Shallow Utilities for Building 300-500 include gas, electric, cable and telephone: S Alps - 00 is extended from the 2-inch steel main that runs up P o Gas service for Buildings 300 5 en Alps. Any Road. The service line runs along the north side of these buildings wned by Asp of 1 1/4 4 -inc steel and 2-inch plastic pipe. According to Source Gas this line plastic pipe. The actual redevelopment will require that any steel 9 etedeloadss be eantic pated with the predevelopmenhe north dt size will be dependent upon the expected south. improvements. This private gas line extends west from B rid ithe5leg that headstnorth serves south. The leg that heads south serves Building 80 a Building 700. o Electric service for Buildings 300-500 is pulled from a three phase transformer (#3133 P5) and 500 located south of these buildings. Emergency shutoffs and meters af r Buildings y00shutoff for are provided adjacent to this transformer; however the meters Building 400 is located within the building. for Buildings 300-500 is interconnected (daisy chline thainE)athuons ugalong t eh each f the o Cable service west buildings. The actual service feed appears to be routed from the property line and on Little Nell and Aspen Ski Company property, civii consultants ' NG • LLC $)PRIS EIIGINEERI P a 9 e 18 502 Main SVeet Suite k3 Ca bondale Colorado 81623 l 970 7040311 Fax:(970)7040313 1 /32 IEngineerinq Report - Aspen Alps PUD March 2013 I--- o Telephone service for Buildings 300-500 is extended up from Building 200. The service ' appears to be interconnected through each building from a pedestal located at the west side of Building 500. ' • Access: Buildings 300-500 are accessed from S. Alps Road which heads south off of Ute Avenue. This access has a minimum asphalt width of 18-ft with an average longitudinal slope of 8%. This road serves several other residence including Building 700 within the Aspen Alps. A fire truck turn -around has been provided at the west end of Building 500. The Fire District has indicated that if a 18-ft wide paved access is maintained and all buildings are equipped with a fire suppressant system that this road will be acceptable if any redevelopment is considered. • Drainage: Building 300-500 lies on the steep hillside and just west of Spar Gulch, Surface runoff along the south side of the buildings is conveyed down S. Alps Road as sheet flow. This runoff is ' either intercepted by Spar Gulch and ultimately conveyed to a recently constructed concrete drainage chase or by a dry well located west of the parking structure. Roof drainage is primarily collected in gutters and routed to downspouts. According to maintenance staff the downspouts daylight along the ' north side of the buildings; however no pipes were located. Surface runoff along the north side of the buildings is either routed to low lying areas, Spar Gulch or north over adjacent properties. Building 700 is located on Parcel 4 and is the southernmost building on the property. Utility service information for this building is provided below: • Water: A 4-inch CIP water service was identified within the mechanical room. This service line is routed from a water main that runs along the west side of the property and falls on Aspen Mountain property. This building does not include a fire suppressant system. This will be required if the building is redeveloped. ' • Sanitary Sewer: Sewer service for Building 700 is extended up the steep hillside from ACSD Manhole UB-2. Three additional manholes were located upstream of this manhole. This private sewer service also serves the residential properties at 605 and 675 S. Alps Rd. The size and material of this service line was not identified. • Shallow Utilities provided to Building 700 include gas, electric, cable and telephone. ' o Gas service for Building 700 is a private gas line that is extended up from Building 500. According to Source Gas GIS mapping this line is a 1 % -inch steel line. As mentioned above it is likely that any redevelopment of this building may require replacing this steel line with a plastic line. The size will have to be verified once the expected loads are identified. ' o Electric service for Building 700 is pulled from a three phase transformer (# 3133 P4) located behind the residential property located at 550 S. Alps Road. o Cable service is extended to the north side of the building and routed from the main line that I runs up Aspen Ski Company property. SOPRIS ENGINEERING • LLC 502 Main Street Suite A3 Carbondale Colorado 81623 (970)704-0311 Fax:(970)704-0313 Page 19 IEncineering Report - Aspen Alps PUD March 2013 - o Telephone service for Building 700 is extended up from Building 200. A telephone pedestal (#750 S. Alps) was located at the north end of the building, • Access: Building 700 is accessed from S. Alps Road which heads south off of Ute Avenue. This access has a minimum asphalt width of 18-ft with an average longitudinal slope of 8%. This road serves Buildings 300-500 along with several other residences. It terminates at a parking area located along the west side of Building 700. This parking area has approximately 12 parking stalls and falls within Parcel 6. Any redevelopment of the building will require a fire truck turn around area. Currently the parking area provided for Building 700 is not adequate to safely turn fire trucks around and is often overloaded with double stacked vehicles. ' Drainage: Building 700 falls on Parcel 4 and the parking area and S, Alps Road falls on Parcel 6. The general topography in this area is relatively flat. Surface runoff along the east side of the building is collected in area inlets and trench drains located along the west side of the parking lot. These inlets are routed to storm drains that daylight along the east side of the parking lot. Flows along this side of the parcel that do not get intercepted by one of the several inlets simply sheet flow down S, Alps Road and the existing hillside. Ultimately these flows are intercepted by Spar Gulch and enter the City's ' storm sewer system or collected within the existing dry well located west of the parking strucutre. Runoff from the west side of the parcel is routed down Aspen Ski Mountain. The roof of Building 700 is inverted with a valley pitch running the entire length of the building. Runoff from the roof is captured and conveyed to the sanitary sewer system via a downspout provided at the north and south ends of the building. Building 800 is located on Parcel 5 which lies south and up gradient from Building 200. Utility services and infrastructure specific to this building is provided below: tWater: A 2-inch copper water service is extended from the water main that departs S. Alps Road and enters Aspen Ski Company's property. No fire suppressant system is currently installed. The Fire District has stated that a fire suppressant system will eventually be required for Building 800; whether triggered by redevelopment or insurance requirements. This requirement may likely include upsizing the existing water service and potentially the 6-inch CIP water main, • Sanitary Sewer: Sewer service size and material was not identified although according to ACSD GIS mapping the service is extended from the 10-inch VCP that runs along the west end of Ute Avenue and connects to the main just east of ACSD Manhole UA-4. Redevelopment work associated with Building 200 that includes any significant excavation may have an impact on this sewer service. ' Shallow Utilities provided to Building 800 include gas, electric, cable and telephone. o Gas service for Building 800 is a private gas line that is extended up from Building 500. According to Source Gas GIS mapping this line is a 1-inch plastic line. o Electric service is pulled from a single phase transformer (#4087 Y3) located between Buildings 200 & 800 along the east side of Aspen Ski Mountain. If redevelopment of Building -- 200 and/or 800 is pursued it is likely that given the location of this transformer Holy Cross may require that it be relocated so that it is more accessible. ' SOPRIS ENGINEERING • LLC civil consultants 502 Main Street Suite A3 Carbondale Colorado 81623 (970)704-0311 Fax:(970)7040313 Page 110 I Engineering Report - Aspen Alps PUD March 2013 o Cable service appears to be extended from a pedestal located at the northwest corner of the property. o Telephone service for Building 800 is extended up from Building 200. • Access: A parking area that accommodates 6 parking stalls is located along the south side of Building 800, This parking area is accessed via Aspen Mountain Road. The Fire District has concerns with this access as it doesn't meet minimal width requirements and is fairly steep. In addition the parking area is not large enough to allow a fire truck to turn around and there is no existing access to the north and west sides of the building. Any redevelopment of this building may have to consider a viable access for emergency vehicles. Building 800 can also be accessed via a staircase located along the north side of the building. • Drainage: Building 800 is located on Parcel 5. Runoff is split by the building's ridge line. To the east runoff is routed down a tiered hillside and intercepted within either of the two dry wells located within Building 200's parking lot. The west side of the roof is intercepted by gutters and routed to numerous ' downspouts. The downspouts along the southwest side of the building simply daylight onto the surface. The topography in this area is flat and it is likely that these flows just infiltrate into the soil since there is no defined drainage pattern. The northwest downspouts are routed underground and based on maintenance staff they daylight down gradient and north of the building. A riprap drainage channel located along the south side of Little Nell Hotel intercepts these flows along with runoff from portions of Aspen Mountain. From here captured runoff is routed to the City's storm sewer system along Spring Street. Winter Building (Parking Structure) is located at the southeast corner of Ute Avenue/S. Alps Rd intersection and on Parcel 7. Utility services and infrastructure specific to this building is provided below: • Water: A 4-inch DIP water service is extended from the 10-inch steel water main located along Ute Avenue. This building is equipped with a fire suppressant system and the fire department connection is located at the northwest entrance into the parking structure. • Sanitary Sewer: A 4-inch DIP sanitary sewer service was observed exiting the building. It connects to the 8-inch VCP that runs along Ute Avenue. • Shallow Utilities provided to Building 800 include gas, electric, cable and telephone. o Gas service for Building 800 is pulled from the 2-inch steel line running along Ute Avenue. The gas meter is located along the east face of the building. o Electric service is pulled from a three phase transformer (#4087 Y5) located along Ute Avenue. o Cable service is obtained from a cable pedestal located adjacent to the previously mentioned electric transformer. SOPR15 ENGINEERING • LLC civil consultants 502 Main Street Suite A3 Carbondale Colorado 61623 (970)704-0311 Fax:(970)7040313 Page 111 i4 S Enoineering Report - Aspen Alps PUD March 2013 o Telephone service for Building 800 is obtained from pedestal #0845 located near the electric transformer and cable pedestal that also serve this building. • Access: The parking structure is access from S. Alps Road. The Fire District did not have any concerns with accessing this building. Drainage: Building 800 is located on Parcel 7 and sits approximately 25-ft above Ute Avenue. Offsite runoff from the south is intercepted by a storm inlet that lies at the northwest corner of Lot 5 Aspen Chance Subdivision. The routing of this captured flows is unknown. The roof of the Winter Building/Parking Structure is an active tennis court. No area inlets were observed and it is assumed that surface runoff from the tennis court is routed to the edges of the court and ultimately routed to Ute Avenue to the north. A dry well was located between the entrances to the parking structure along the east side of S. Alps Rd. This dry well accepts runoff from a portion of S. Alps Rd and the northwest side of Parcel 7. A dry well system was also located within the interior of the parking structure. All internal drains are routed to this structure. A tennis shed is also located on Parcel 7. This shed is a habitable unit that has electric, water and sewer ' service. The water service is pulled from a water line serving Lot 5 of Aspen Chance Subdivision. The sewer system is connected to what appeared to be a dry well or old septic tank. All other services were unknown to maintenance staff. Vill. Redevelopment Drainage Mitigation Requirements This section has been written with the assumption that any redevelopment within the Aspen Alps will consist of matching footprints and impervious areas of what exists today. Based on this assumption the City's stormwater requirements were applied to estimate the amount of water quality treatment volume and detention volume or fee -in -lieu that would be anticipated with any redevelopment that may occur on each parcel. The City of Aspen's stormwater mitigation requirements are outlined within the Urban Runoff Management Plan and dated April 2010. This document states that any development that disturbs more than 1,000 square feet shall be classified as a "Major Design" project which requires water quality and detention volumes to be provided on -site. The inclusive impervious areas that are subject to this requirement are dependent upon the extents of development or redevelopment. If the disturbed and/or added impervious area is less than 25% of the entire property than only the added impervious area and disturbed areas are subject to the requirements. If the disturbed and/or added impervious areas exceed 25% of the total property area than the entire property is subject to the stormwater requirements. In 2011 the City of Aspen approved Ordinance 15 which implemented a voluntary fee -in -lieu (FIL) of providing on -site detention. This Ordinance provides qualifying projects to pay a FIL of providing on -site detention. This fee does not preclude the water quality treatment requirements only the detention requirements. The fee is based on the amount of impervious area and the total cost of constructing the detention facility on -site (fee structure: 0.062 cf of detention for every square foot of impervious area and $70/cf of detention). Sopris Engineering used City of Aspen aerial imagery and the improvement survey information to estimate the amount of impervious area for each parcel. This information was then used to approximate the required water quality and detention volumes as well as the fee -in -lieu of detention for each individual parcel within the Aspen Alps; Table 1 summarizes these results. ' Willis ENGINEERING • LLC civil consultants 502 Main Street Suite A3 Carbondale Colorado 81623 (970)704-0311 Fax:(970)704-0313 Page 112 /3 G Engineering Report - Aspen Alps PUD March 2013 I C fl I 7 U Table 1: Estimated Stormwater Mitigation Summary PARCEL NO. TOTAL AREA (SF) ROOF AREA (SF+/-) MISC. IMPERV AREA (SF+/-) TOTAL IMPERV AREA (SF+/-) % IMPERV WQCV (CF) DETENTION (CF) FEE -IN -LIEU OF DETENTION 1 26,668 12,450 10,050 22,500 84% 422 1,395 $ 97,650.00 2 33,163 14,757 11,176 25,933 78% 470 1,608 $ 112,549.2-2 3 42,286 15,715 5,940 21,655 51% 352 1,343 $ 93,982.70 4 13,612 10,705 2,200 12,905 95% 284 800 $ 56,007.70 5 2-2,393 8,745 5,700 14,445 65% 243 896 $ 62,691.30 6 148,182 0 48,151 48,151 32% 864 2,985 $ 208,975.34 7 35,314 0 19,108 19,108 54% 324 1,185 $ 82,928.72 8 2,126 0 260 260 12 % 7 16 $ 1,128.40 TOTAL 323,744 62,372 102,585 164,957 51% 2,966 10,227 1 $ 715,913.38 Again, the information outlined within Table 1 assumes that any impervious area associated with future improvements will be equal to that of existing conditions. In addition, Table 1 does not include impervious areas that extend beyond the Aspen Alps Condominium boundary. These areas may require mitigation if the impervious areas are disturbed and/or improved. Lastly, once a conceptual site plan has been prepared the water quality volumes and FIL of detention values outlined within Table 1 shall be updated and the design of a drainage mitigation system will be required. IX. Potential Subdivision Criteria Variances Given the complexity of existing topography and access around the Aspen Alps area some variances from the City's Subdivision regulations may need to be pursued. This section outlines the specific code requirements outlined within Municipal Code Section 26.580.020 that might limit any redevelopment of the Aspen Alps and for which a variance may need to be pursued. Implementation of the City's subdivision street standards is not feasible for S. Alps Road and Aspen Mountain Road. Neither of these access corridors meet the minimal width, grades or available right-of-way requirements. In addition, the installation of curb/gutter and sidewalks along these existing roads is not achievable given the proximity to existing buildings, walls and steep hillsides. The Fire District has indicated that S. Alps Road is adequate for access to Buildings 300-700 provided that an 18-ft minimum paved access is maintained, all structures are equipped with a fire suppressant system and adequate turn around are provided; particularly at the dead end along the east side of Building 700. Aspen Mountain Road however is not acceptable and improvements to bringing it up to code are not feasible given the existing site constraints. The Fire District would like to see an alternative emergency access to this building if any redevelopment of the area is pursued. Given these existing constraints it is recommended that S. Alps Rd. and Aspen Mountain Rd. remain as private access roads and the current conditions be included with any future subdivision application. In addition, alternative pedestrian pathways should be considered during any redesign of the area to compensate for the inability to provide sidewalks along the existing private access roads. The required utility easements around parcel lines may require a variance or lot line adjustments may need to occur to ensure the available footprints of the existing buildings is maintained. The Municipal Code states, "Utility easements of ten (10) feet in width on each side of all rear lot lines and five (5) feet in width on each ' SOPRIS ENGINEERING • LLC civil consultants 502 Main Street Suite A3 Carbondale Colorado 811623 (970)704-0311 Fax:(970)70"313 Page 113 1 /3-7 IEngineering Report - Aspen Alps PUD March 2013 — . side of the lot lines shall be provided where necessary. Where rear or side lot lines abut property outside the subdivision on which there are no rear or side lot line easements at least five (5) feet in width, the easements on the rear and side lot lines in the subdivision shall be twenty (20) feet and ten (10) feet in width, respectively." This criteria will likely impact any redevelopment of the existing buildings given the close proximity of building footprints to parcel boundaries. ' The size of water main requirement outlined within Section 26.580.65 of the municipal code may also require a variance. This criteria states that all potable water mains shall be a minimum of 8-inches in size unless the length of the line is less than 200-feet in which case the minimum size shall be 6-inches. Given the fact that the existing water main running up S. Alps Road is only a 6-inch CIP water main a variance should be pursued in case the size of this water main is determined to be adequate in providing fire suppressant service to Buildings 300-500 and 800 and the integrity of this water main is found to be acceptable. If future development plans require up -sizing this water main or if the integrity of this existing water main is found to be inadequate the replacement water main should be a DIP main with a minimum size of 8-inches. X. Conclusion I The Aspen Alps is a complex area that has evolved over the past 50-years. Currently all of the buildings within the association are served with water, sewer, electric, telephone, cable and gas. Access is also provided to all buildings although there is a concern with fire access to Buildings 100, 200 and 800. Any future redevelopment to either of these buildings will need to consider complete fire access design to ensure adequate protection. Potential utility upgrades due to redevelopment of each building have been identified. In addition, variances to the City's municipal code pertaining to subdivision regulations have been highlighted and may need to be pursued in order to maintain the existing footprints of the existing buildings. SOPRIS ENGINEERING • LLC civil consultants 502 Main Steel Suite A3 Carbondale Colorado 81623 (970)70"311 Fax:(970)7040313 Page 114 /39 EXHIBIT 1 ASPEN ALPS CONDOMINIUM ASSOCIATION n A PARCEL OF LAND SITUATED IN THE NW1/4 OF SECTION 18 GRAPHIC SCALE a0 D HI N 3Jo TOWNSHIP 10 SOUTH, RANGE 84WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO hxB nrh1 1 =a0-40R \` LOTIASPEN LOTS UTE > CMS /\,es GENERAL UTILITY NOTES: S CLARENDON / / y �•` \\ ADO SUBOMSION -J 7 COS M - locations of under ound utilities haw: been plotted based on / ;ay" _ 'G� % LOT 1 ASPENBr P � aps,mnsandactudesign information mein tan provided try SUBDIVISIONampanles and actual field locations In some Inztanoes. These , as shown, may not represent actual field conditions. It is the g e/nlof ut o1 the contncon to contact all Wllry companks for Reld ve o 1 ln of utRmes prio to must u t on. �o=ExmlNc CONdrlaa LEGEND ggARIP:U 'I o unvEmsa l4 ' - _ 111111111 I TER B DING/PARRI�VG STRUCTURE c rt[D sw[ GEORYHOLES 11 II i0. PARK O sewer Ma[naE AN 7S wAru xroxxrn ,Is5/LAGUNA p /� ,'sit GAS / Op Gwour'. F.I[asrn1rNrvna[WcrzsuMx xarwxLOxou iFu / GJrrNIE 2'sit GAS E E FOR�� r ! ! I ucxr 1S.0' Dwu 7 GRA TED ASPEN ALPS r VG - T K. 202 G 3, BK. 266 PG- 397-�� PAR GSES SUBIECf TO �J 'STL CA •qe g��. '\ / , 111r/�\\\��\ pC`\��\ 1 7 1= D M o^^w RANT EAS MENTTOASPENALPS,'BlACKSWAfN\S,\`\\, h- \\\,1�5N r 1-11SfSS P.It, PE UNRE RD E 1EASEMENT AG0.EEM /TRALL \ \�/ ' REF ENCEQ IN BK. 327 PG. 777 ASPEN TOWNNOMES'L+ M / 1 \\ 9. _ eL VG - LxDfeGW�'rO FLLCrel [ PARCEL 1 MOUNTAIN � .'\ � \ [ \ \ \ � 0\\ { `\ � wwEn e_x uo PG Tool I•/ur 1 T \ s - s[vnx �x[unwmmFourts REAa 6,6 35. ( \C I •I BUILDING 100 / A/ wIDfSS EwssG<xT \ �` `I \ _ \ /"��\\s LOT 3 ASPEN j r�� - \ j.!•. g .'•to - ' \' CHANCE - - • - w.T[a F xe dD unun Ewstxem f SUBTISION G.s ux[.s eu . xxowMaF. rom SKY HOTEL l ' i -,� PG. tea. ea.uPG. , ^..:� - am— its uc wszTwszssr«»ne '�' _ ./ a087 1' DEASEMENT '\ // J I I 1 1 / 1 1 l ; .i9d •L.Ei' •1,18s a Y ,eg e II s1n AVExALn _r rJ 1.. \ l �_ \• \\i\ T./'> , '.ir"/ .";`,� ,\ /�JJ(bI\%/ .,I-'�ascysEsaNIsG,IYxATFHENidtAS1e0PCEFNA .awonxu[nreaFx rA[ xQ[ PCPL ACCESS UTILITY W.O.E.AV�uE0pRr wEu enDm�JOsavERIl FORAPNSCHANCE VY) !r—&ENANCE STAFr B3781PG. 780Z \ 7 I' :f1 L ,.._`_ :/'l/ I rlt/ -_ � � '� •11 t' J� So`� i I / ;r S 1 1 L�793'= / _ _ _ - - �rr sit errs r \ �-� /•�711 -•a mroo rFA*trm 777 UTE MwaEB BY A_SVEN NT�J/ (I / J1E \3 _ 7 P°E °EoSQ �. I _ PPE FOQ• �•' �\�•s� 7985i1i r'� h F CSD SE R .AWN L072 MOSES BLDG 3W PAREEL 2 .` "�• {`f /. . % �✓ ARCEL 3 _ tit i - _ /\ �F AREA=33,16335F. ' ✓e�Q E-� + �" •t :^ i / \ BUILDING 200 �• / 1�= �WY-% ARILDINGS J 1 r e `I Y A Ax coNDos� , s� A- I 1 SPA - 1 6 /' j �nAE ' E'r i'-.• 1 \ r3r wroE 1.. :. ; v l' - `-- ----- a'. - =\ �� 'rR 'A PARKIN IV M. 593 P5XG 722 s 1 p'pyER Ex snRG RoeDl (DIsr�EG t . / _ _ • .� `.. LSSPPCE - Kau BLDG 200 � _— •� , Aj J4 =_ �=_� �_ _' �" �_ � - �`` i. 'L;fir � -- \ ` _ %� I ALPS RD. I � �' _ . / .� Vie• �} _ALS RO � I-1 � I '` \ : S \ ..� / s /- tj"- _ ./ , �j1_/ / Jr `• ♦ _ — ` _. , �C _ ''OT LOT S _ kD3v16e — f _� PARCEL 5 0�' ��� I I ' cT� � / �\ /. / A�� SD70. / ' EA=22,39315 - 1 �. \ OJC]py 'ROTS wGl ♦ x�ux BUILDING 800 J FjJ _ AE snnoca n.0M _ EASEMENT LRLE NELL HOTEL 67S S ALPS RD. ` .Y N 5 PARCEL / \ SSO S. ALPS RD r n m n r _ •i `/' e _ JrJJrv. r:.�` _ AREA. IDS S.F. / Tw _ ) �':/ 'II• - BUILDINGS 7l10 ti y.• sl S ''� / I -a. I Lu / OT J e a � y{P' ue �--/`,•,.I `\� � _ — `_� - . �� `I LITTLE NEU SUBDIVISION w10E xOLrCMSs Jt I - ��-• _ I I LO UVDERGRWM ELECTRI�I�'-''IrV'�✓S��_ ute ut— i w /— tue`� u ASPEN SKIING I t'df! MPANY LLC '{Gf OP*R`E� _ ;%' .�i TaC \ ! _ uu nAroiacarmi�wnm wxwsarrswr c�wx rxu �LAn� .sT[a.w nm axowxwor oENCT. wxo lwxrru..x..nwx ASPEN VALLEY LAND TRUST �_ j� --.- eeswuroxAxr lxrra lx rxGw.wr a[cornrnFxcso Mou nFu,tx F1 Ire �I I I r_j I EXHIBIT AMENDMENT NO. I $ TO THE 9 / CONDOMINIUM MAP OF THE ASPEN A LPS WE AS RECORDED IN PLAT BOOK 3 AT PAGE 26 q•AT_YtNT j• 3LAl[•J1 T4S PLAT TTLE3 AYEhCMEUT MD - T] 74E :ONO•]Y'h JY Y e :p THE ASPEN LC:S 4 LJEv•,rn a mr:,S:CFtc -LMn i-,r13q x T4t fTA-t OF :O:3Pt 3O, ASPS *EST CLP�CTS TNC C)N�CgSIOni •]F TNC DENEA>L CCYN]n ELEMENT! c0 :)—Am Eics, •4 . —E •NPR3V'EMENTS A9 CONSTRUCTED IN AND FOR —TS t70 AND £OI IFOR. L. UNITS I AND .71 OF ThE C:NCOL, N,UY YY YMIT i:C ANC tii :Lwv3AY 9t l3TA%T,AC LT TO r ! PLAT, iITLED ♦OENCY£N` OF T. A/PEN A_►S W!]T. PE PSRL VC( 9 NERELT Y:DF_ -C '4E L•F ip.Rd_ A. I TO Tw£ CoNC'JY•N J NAR 3F T4[ _ the _:APO:T�• S•DW4 MLRCOn •C.CI a—L :hP•:A YITI.P NOT S43WN ON TN.I AY eA—Ekr PLAT TO '4E Yii: Oc4 4-C A. tJ :L '+i •, £v W>S Pt RPOR rEC Iy ACTCPOAMC! r h wr ...L UPa]0 gEl•YEtV >laTUT CS, r_ _i 3{ GR:IC�i .. -IT 200 FORM[PLY AND LC:ALLY nSMYN A[ UNIT IT OF THE CON OOYIY IJY YaP FOR • THE Afi PtM ALPS WE{L wlN.b JNIT 10, FDRYAND LLOAL LT FMO'iA AS UNIT I OF T4i ^_ON OOYI PIL'tl MAP FOR At :hf AS PC.I LLPSP3 W£9:. SLtTTNEp Li -- rNA.`• y lv •♦I.LP 3 t= iv s TITLC COr PAN/ CERTIFICATE a. / _ , JI "Ale h b _r: •—rnT NiTN I. TwC _-v: iY w, Y as •- ,rV . TY TNL UhCf R310 •.FD• t RU.T AJTNCF::lC P[P4LfaRTAT1Y! OF L COAPOA aTE W ..•: YEw R• 14liE I•kla\k- TEE C3w00YIaluM uMI•S 23- Anj ii' .._ T T+E "Ir £%O-NEEP ]F Tr•E ' :. • AI Ptv ••• . 7.F •y. Ct• (ITLC INSL RER PEO If TCR[0 M p0 L: SINC{3 III ►tTLIN CDYAT, CO LD AKOO, ^wiRY E4:/ „r. _< • T, s M1 PIN aLPi •EST !ONO vY•L. JFFS 3MME: EpRidIRY ftL- Con NEPERY C[ATI FT THAT THE CWACR(]I OT UNITS LOC AYO 201 (F.]RYEAL• C. L\Nq iN�AN{ Y _ - N PPOP£q:IE LTD., DO N[A[L' HITS I AMC ITi ASPEN ♦LPS MCST COMCOYIY IUY CC NOLO .F[[ f v I -Nl x[ :.. .. •3 wEli h•::J[( f'J _ TITkE TO ALL LI ERS LAC EIICUM[A L N OCS CiC".PT TROSC LISTED 0■ w.k:L ��+' x' Uw. F «/• 4l�E)w 11. A•.L.0 Uh,i TITLE INSURANCE CG YYITYEAT!SI 11 ;>t'JTP; L 'k LA• ylzl�IM'r 9L _ '(�N{^/rk E �1_T JF £F:Jy flF d.:l3 lE:7P' EFFECTIVE +Lx_._•,Y S'2 ISSUE: EY /-c%E-, - ^M w'EN- W r155- LYE:21C:N TITLE 0-L..KC C—r-1 ALTN:u:N WE LELIEiE TMEr Fb: TS STATED aRE TRY[, TIS CERTIFI[LTC 19 _ - MCT TO BE COMST%UE: AS LN L{STAACT OF TITLE NOR AM OPINION OF TITLE • .e / : NOR A "ARA NICE OF :ITLC, LNp IT IS YRLLRD i000 AND AORC£D iNAT c•i: ")TrJ' AiPEK rTi_ C:IRFCRLT:ON AOENT FOR FILET iYEA,CAN TITLE IN9L'ALIACE CCNP4b'1 T=_"'"---"—_� "-"-'------T'~'-'--- LW P{k,U(( 11",. 1l.... L:SRRLi WA ;r:l DaLT i, N C:TM £A L,_._-: Ys9 RCA WILL EL CNLPOLC RITN ANY F:Nth CIA: CB. IDAIIGN OR iM:a: MTFC\BCAa V{11fA�[. 14 TtT.Ee Ilq({LaN.AY PSN'••.i-G :]k L IACILITY --.EY EA CM ANT STA:LSIENT :ONTAIMLC hER[IN. TITLE :v`•�.•� :%- 't di•4w ;,Vt. TLE " EMTLTIYE _ T TITHE PRCPCATES ARE ENCUMBERED 97 :4E FO:L^_Wt ND LIEAS OF RECORD'. lbC L•!NI AL T i+t __x:C v:k:: Y. - -ScE•• Al P_ w.. +r �Af (�.S] C• 'N[ T 'F AA PSN P__ v N. . 14,t .♦ n•f LAZ:-• CAMINA ILS:N AL COY►ANY IN LOOK k S A- FATE 315 (AFFECTS (UNITAFFECTS S YEO ,S jam} SAMYa CLYK CALIFORNIA FGCNIA ACCORDED IN LOCK Lt.2 AT PLCE SIC (AFP 1T9 UNIT IT) V•r _ S ANWA 3LNIl CA.:IFOKLIA PtMFDtD IN CCOK 63L AT PLOE 344 !AFFECT] UNIT 11 ]( �.ie•PNFi6. IP CANRL BANK CLLIFORbIA AlC R]EO IK EOON 63C L FADE 3 STATE OF CCLOPLCC;NLTICE JF -tl{ FEJMO %S IN, 13CK LSO AT PACE SAT. • N! n• c w.ED•. EC !Er a[ I+ •�I�', VJ...� - COUNTY OF PITNIY y93Lir.u..-. �T.rl.'L::.-aM1.. ..•,. I... T: SYh L.- 4 } .� F1fM.Ktl a.LL_ >"v `PP°�f0i'Jl ii.;..1K•IJT'.i Rf•�'i.CaTL.tbiJlT '1 6 `•!Y wnCee N• .. 'L• ' THE ECREOOIML INSTRUMENT WAS ACKNor L[OA l0 ■[POP[ YC TN IS L�='DAY _ ""�•�` ,t>. Y• •-nn a - a_ SE -... _ .Af-- w• SirN [> A[i tF .�i lYt- ♦ wJ ,F• Jr - ._.—� .. .,.. •- -DYY. : a :_/7d� >:aaF. ' WITNESS YT NAND APO OFF14?t S[L. rT OCrrI39le. CKPI A U. ri I- �'.l i✓�• P.. s. ..>Rr. ANC •E•O�;E�,. >':L F-aN'E ;C itRY FLBL.G E 4>r arftx t,11 ':LPTEC PCP = _ Tw_ .CE .• Tw• :�.v yS OF a 3uAT CFyT0K�ryq�•:w—TE' :s E,•J;av:/i' i r.:l. hS�}A•/OF Iy "S- 1v1 cr .a _.'♦ ti41�« — 1jt,1 T lFT ..EA. � I F-1 F APPENDIX D J 1 F Filed for record January 6, 1969 at 12,32 o'clock IN Reception No. 133702 Peggy B. Miklieh, Recorder FIRST SUPPLEMENT TO CONDOMINIUM DECLARATION FOR ASPEN ALPS SOUTH (A Condominium) EXHIBIT 2 9 �• �r trust by its { Southj :the C1 a KNOW ALL MEN BY THESE PRESENTS: T4. ' THAT WHEREAS, Christian J. Allison, Trustee, hereinafter called "Declarant", caused to be recorded a Condominium Declaration for Aspen Alps South (A Condominium) in Book 217, Page 189, records of the Clerk and ' Recorder of Pitkin County, Colorado, sometimes referred to hereinafter es "recorded Declaration", and WHEREAS, paragraph 32 of the recorded Declaration provides for the ' enlargement of the Aspen Alps South condominium project, and WHEREAS, the construction of an additional building and other improve- ments has been completed on the real property described on the attached ' Exhibit "A", which by this reference is made a part hereof and which property is depicted on the First Supplement to Map of Aspen Alps South, and 11 WHEREAS, Declarant does hereby submit to this condominium project such additionally constructed building, improvements and real property; NOW THEREFORE, Declarant does hereby publish and declare that the following terms, covenants, conditions, easements, restrictions, uses, limi- tations and obligations shall be deemed to run with the land, shall be a burden and a benefit to Declarant, his successors and -assigns and his and their heirs, executors and administrators and any person.acquiring or owning an interest in the real property and improvements, their. grantees, successors, heirs, r executors, administrators, devisees or assigns; 1. Division of Property into Condominium Vnits. The real property described in E:;hibit "A" and the improvements constructed thereon are hereby divided into the following fee simple estates: Eleven separate fee simple estates, each such estate consisting of one unit together with the appurtenant undivided interest in and to the general common elements as is act forth on the attached Exhibit "B", which by thie'reference is id t'f' d'on the Map by • , " vide sell,- tj the g apPu i. excl>i comr{ all nI! retie grap 1 - .6. � of A�rese mina) no as comrj j o- ne • � prov T t.. The. grapF the p 700 pars under, tion, ceasi Is prl entity and i� and morti come) cumb recor the BI made a part hereof. Each condominium unit shall be en t re. I be tej the unit designation and by the building symbol as is set forth�on Exhibit "B" 2 Limited Common Elements. A portion of the general common elements is 1*desc. reserved for the exclusive use of the owners of the respective units, and such areas are referred to as 'limited common elements'. The limited common elements so reserved are the balconies. A balcony (as shown on the Map) which is accessible from, associated with and which adjoins a unit shall, without further reference thereto, be used in connection with such unit to the exclusion of the use thereof by the other owners of the general common elements, except by invitation. 3. Supplement to Condominium Map. The Supplement to the Map depicting the location of each unit, both horizontally and vertically, together with the engineer- ti ing and other data as is provided -by the provisions of paragraph Z of the recorded - Declaratior. shall not be filed for record until the building has been substantially completed in order to permit the location, both horizontally and vertically, of the units. Such Map shall be termed "First Supplement to Condominium Map of Aspen Alps South". Space Map recoi ratio infor shall devis non-: of th 7. P Spac< facili of su A S E 4. Description of Condominium Unit., Every contract, deed, lease, mortgage, I trust deed, will or other instrument may legally describe a condominium unit by its unit designation and building symbol follr,wed by the words "Aspen Alps - f: South" according to the First Supplement to the Map thereof filed for record, the Condominium Declaration for Aspen Alps South recorded in Book 217, Page " 185 and Amendment thereto, and First Supplement thereto recorded in Book ' Page ", (Recording information to be inserted in blank spaces pro- vided). Every such description shall be good and sufficient for all purposes to sell, convey, transfer, encumber or otherwise affect not only the unit but also -- the general common elements and the limited common elements. -and easements ; appurtenant thereto. Eacti sucn description shall be construed to include a non- exclusive easement for ingress and egress to the unit, use of all of the generalI s11�'( common elements, e-cclusive use of the limited common elements, a,dus£ a�I .�9 all non-exclusive easements. .open Clerk and 5. Reservation to Enlarge, Declarant, for himself, his successors and assigns, { fter as reserves the right to enlarge this condominium project as is provided in para- graph 32 of the Condominium Declaration for Aspen Alps South, I .for the 6. Space A. Thee ace depicted and identified on the First Supplement to Ma i P P PP P - of Aspen Alps South as Space A is a general common element, and Declarant reserves a perpetual exclusive easement and right to use thereof @abject to ter- improve- mination of such easement and right to use as provided herein. There shall be iehed no assessment against Space A nor against the owner of such easement for ls'property common expenses, assessments or real estate taxes; provided, however, such 1 owner shall have the duty to maintain the interior of Space A according to the provisions of paragraph 16 of the recorded Declaration as if such space were a ---•-• n�arofect unit. Metered electricity to Space A shall be paid by the owner of such easement. - The owner of this Space A easement shall not be bound by the provisions of para- graph 25 of the recorded Declaration and shall not have any voting rights under - le ctiat the the provisions of the recorded Declaration. In the event of destruction of Building Lses, limi } 700 and if the building is not reconstructed, as is provided in subparagraph (c) of � 'e a burden paragraph 28 of the recorded Declaration, or in the event the property is sold heir heirs, under the provisions of subparagraph (e) of paragraph 28 of the recorded Declara=. a interest tion, such easement and all rights and interests appurtenant thereto shall expire, i heirs, cease, end and terminate upon the recording of the notice by the Association as is provided in said subparagraph (c) or (e), and the owner thereof shall not be entitled to any compensation for such termination. This easement and all rights - tX-described and interests appurtenant thereto shall be terminated and shall expire, cease. 1y;divided and end immediately in the event the owner thereof pledgee, encumbers or mortgages such easement interest, or in the event such easement interest be. - comes the subject of a judgment or attachment of any kind. Any such lien or en- g-;o(."one'unit cumbrances against this easement shall be unenforceable, and upon the filing for 31 "common record of a notice of termination of this Space A easement by the President of 'reference is the Board of Managers of the Association, such lien or encumbrance shall thereby :he Map by be terminated for all purposes including title purposes. chibit "B". Every deed or other instrument of conveyance, lease or will may legally ' elements is describe such space as "A perpetual, exclusive easement and right to use of /,• and such Space A, Building 700, Aspen Alps South, according to the First Supplement to ' : a common. Map of Aspen Alps South, the Condominium Declaration for Aspen Alps South ` • -j Which �e Map) , recorded in Book 217, Page 189, and First Supplement to Condominium Decia- • � 'without ration for Aspen Alps South recorded in Book Page ". (Recording he exclusion information to be inserted in blank spaces provided). Every such description vents, except shall be deemed good and sufficient for all purposes to convey and transfer and devise said interest, and each such description shall be construed to include a non-exclusive easement for ingress and egress to and from such space, for use ' d -+acting the of the general common elements, including parking and storage. e engineer - he recorded 7. Parking and Storage Areas. All condominium unit owners and the owner of 'I substantially Space A easement shall have a co -equal right'.to use of the parking areas or ertieally, of facilities and the storage areas; provided, however, that management and control ninium Map of e of such areas and facilities shall be vested in a committee comprised of two or 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 AMENDMENT NO.' I TO THE CONDOMINIUM MAP OF THE ASPEN ALPS WEST AS RECORDED IN PLAT BOOK 3 AT PAGE 26 LLJ a Li > 9 7. 1 NEW rr Fou.0-TIG. ul-iT to. �"RNEALI uj OLD C�D�MJNI--M ,GALL! Ah: iNTEROF WAL_S APE SELIEVEC TO @L 214 I KEW EXTEP100 ..LLS ..E SELL, EVE] TC 't CCkST L.IED -12.9 $TICS. QfV.ALL AND S,C.%4I FL EL.— FLOON VLlVAl=N -L 'It — CEILING HEIST. "CP"AND RECORD a ILCI.G TIE I.fCR.ATIOk 4S FROM ThE ORIGINAL CONDOMt%1;10 MAP. FOR *CCI113MAL INFORMATION 511 PLAT 83 a K 3 P&G[ 29 .—S r .fir All w r I I 0 It 1 1 1 I j 0 -two, I FIRST LEVEL BOO SIECDOO SUS PLEJ'Arl-1-141AL C011",00MINI LIM MA-;,, ASUPT ALPSOr WESl' 3 14- rlll,-.,13,1- 27 ANO 2P. Af ;��C�R NPIT LEVEL L --L L APP I , 117 Vt,-- A BA t i—Y - 9ERK-11F 14; A LPN- CF T, wmz L ti sECCA*2'D LEVEL 470252 UNIT 2019 k-4 V) r. CjP,. Tt-t, A- L -!7 7 Aef- 1 TH e2 qY P ?V RDSUPPLEMENTAL CONDOM OFASPEN THIS THIRD SUPPLEMENTAL CONDOMINIUM MAP OF ASPEN ALPS WEST DEPICTS THE CONVERSION OF COMMON ELEMENTS TO UNIT STATUS FOR UNIT 208. AND DEPICTS THE CONVERSION OF COMMON ELEMENTS TO LIMITED COMMON ELEMENTS FOR UNIT 216. THIS PLAT REFLECTS THE ACTION TAKEN BY THE OWNERS AND ASSOCIATION IN THE AGREE ENT TO AMEND CONDOMINIUM DECLARATION FOR ASPEN ALPS WEST CONDOMINIUMS AND POWER OF ATTORNEY RELATING TO THE CONVEYANCES OF INTEREST IN LIMITED COMMON ELEMENTS DATED AND RECORDED ON AS RECEPTION NO.,c_ IN THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY. REFERENCE IS HEREBY MADE TO THE ORIGINAL CONDOMINIUM MAP OF ASPEN ALPS WEST AS RECORDED IN PLAT BOOK 3 AT PAGE 26 AS AMEND D BY AMENDMENT NO. I TO THE ASPEN ALPS WEST MAP RECORDED IN BOOK 28 AT PAGE 69. AND BY THE SECOND SUPPLEMENTAL MAP TO THE ASPEN ALPS WEST MAP RECORDED IN BOOK 6 AT PAGE 40. APPROVALS COMRIRIITY DEVELOPMENT DIRECTOR'S APPROVAL ' THIS THIRD SUPPLEMENTAL CONDOMINIUM MAP OF ASPEN ALPS NEST WAS APPROVED BY THE DIRECTOR 0 T DEPAR7ME OF COMMUNITY DEVELOPMENT OF THE CITY OF ASPEN. COLORADO. THIS DAY OF - 2010 I CHR S BENOON. DIRECTOR CITY ENGINEER'S APPROVAL THIS THIRD SUPPLEMENTAL CONDOMINIUM MAP OF ASPEN ALPS WEST WAS APPROVED BY THE CITY ENG sWR OF THE CITY OF ASPEN. COLORADO. TH15 DAY OF J1-E: 2010 -�u 1 MN :N TR15H WAGON CITY ENGINEER LEGAL DESCRIPTION CONDOMINIUM MAP OF ASPEN ALPS WEST AS RECORDED IN PLAT BOOK 3 AT PAGE 26 AS AMENDED BY AMENDMENT NO. I TO THE ASPEN ALPS WEST MAP RECORDED IN BOOK 28 AT PAGE 69. AND BY THE SECOND SUPPLEMENTAL MAP TO THE ASPEN ALPS WEST MAP RECORDED IN BOOK 6 AT PAGE 40. CITY OF ASPEN. PITKIN COUNTY. COLORADO. LEGEND & NOTES L.C.E. LIMITED COMMON ELEMENT ® CONVERSION ELEMENTS _ THIS PLAT IS RECORDED FOR THE SOLE PURPOSE OF REFLECTING THE CHANGES IN THE CONVERSION OF ELEMENTS SHOWN HEREON. IN ALL OTHER RESPECTS THE ORIGINAL AND AMENDMENT PLATS REMAIN IN FULL FORCE. 1 I 1 1 t' �0. 3 "U INDEX SHEET I CERTIFICATES. APPROVALS. VICINITY MAP. UNITS 208 AND 216. NORTH ELEVATION SHEET B 1- 10' SCALE SITE MAP NORTH ELEVATION FIRST LEVEL ION, FT 7946.87 2I6 ORIGINAL UNIT 14== LIMIT 208 `I-JYt�_ 207- UNIT S 208 7938.37 _j_ AKA UNIT 208 BENCH MARK BASEMENT ELEVATION 7935.85' (FIRST LEVEL) FROM THE ORIGINAL FROM THE ORIGINAL CONDOMINIUM MAP CONDOMINIUM MAP OF ASPEN ALPS OF ASPEN ALPS WEST AS RECORDED WEST AS RECORDED IN PLAT BOOK 3 IN PLAT BOOK 3 AT PAGE 26 AT PAGE 27 VICINITY MAP I- - 500' E �1X4� N7` 5 SECOND LEVEL UNIT 16 AKA UNIT 216 (SECOND LEVEL) CERTIFICATES SURVEYOR'S CERTIFICATE I. JAIAES F. RESER. A REGISTERED PROFESSIONAL SURVEYOR HEREBY CERTIFY THAT THE IMPROVEMENTS AS CONSTRUCTED CONFORM SUBSTANTIALLY TO THIS THIRD SUPPLEMENTAL CONDOMINIUM MAP OF ASPEN ALPS WEST (A CONDOMINIUM) AND THAT THIS SUPPLEMENTAL MAP DEPICTS THE LAYOUT. MEASUREMENTS AND LOCATIONS OF THE ADDITIONS TO UNITS 208 AND 218 (FORMERLY COMMON ELEMENTS OF THE ASPEN ALPS WEST CONDOMINIUM). THE DIMENSIONS OF SUCH ADDITIONS AND THE ELEVATIONS OF THE FINISHED FLOORS 4N0 OF THE ADDITION TO UNIT 206 CONSTITUTE ADDITIONS AND EX -OF $ATO UNIT. THE DIMENSIONS OF THE DECK EXPANSION OF UNIT 21 TI TUTTES AN ADDITION AND AN EXPANSION OF THE LIMITED COMMON EL S*QF UNIT. \ 216. THIS SURVEY HAS BEEN PREPARED NI TH I TO 10.000 ACCURACY. I ALPINE SURV YS �1" By: - l-y,( I DATE:• LS' to J SER L_3, 91M TITLE COMPANY CERTIFICATION PITKIN COUNTY TITLE. INC.. A LICENSED TITLE INSURANCE COMPANY AUTHORIZED TO DO BUSINESS IN PITKIN COUNTY. COLORADO. HEREBY CERTIFIES THAT THE FOLLOWING ASPEN ALPS WEST BUILDING 200 UNIT OWNERS HAVE APPROVED THE THAT OF THIS THIRD SUPPLEMENTAL MAP AND HAVE AUTHORIZED THE ASPEN ALPS CONDOMINIUM ASSOCIATION TO EXECUTE AND RECORD THIS THIRD SUPPLEMENTAL MAP. BUILDING 200 UNIT OWNERS: Unit 200. Marina N.Y. Ho A• Trn.t.• of Th. Morino Ho 11--bl• Living Tr u.r Agr..•.nr Unir 201. D...i. Iry ••ac obl. Tr.nr dared D.c•.b.r 13. 2001. Mig..l D. Migu• Lz on Tr. u.ru Unit 202. John Burg9 a d El i'ab•th Burg9 Unit 203. Th. Data l d�C. L.•in T _ U/A DTD. 9/13/1991 an A..nd•d Fund B Unit 204. Val.ri. Anp.n. LLC. a D.I.•. r. li.i t.d liability .poor Unit 205. Pro i..t I TPn rat radar.d �11e 1�4 or2�5c•r.ar Trnnr.• oT Th• Jals• I. Pori. S•paror• Unit 206. W. r. R.alty N.V., a N•th•r land. Anrill.• eorpor ation Unit 207. N. J..k. on L•re. o d Joy c• H. L." . Unir 208. S...al S., ick a d E.Ih.r Sarick Unit 209. Th.s o. Fan la Li nlr•d porre.r.hip Unir 210. Baia. a co-p rin.r.h ipp Unit 211. John Barg... oed El,.ab.rh Bur . U.it 212. Ca..ra.c• Har.•yy. . Tru.t.• o? rh• Co..raec• Harry R.•ocabl. Tr u.r U/A/D/ Ju.• 19. 2003 Unir 213. Marj Ori• S. Rh.d... LLC. A D•I... r• Ii.ir.4 liability ...pony Unir 214. VGA -Alp.. LLC U.ir 215. Jah. K. Burg... a d Elizab•rh Burg•.. Unit 216. Dia.• L•b. t. ..d Man.. L•b or ir. ALL AS DEPICTED ON THIS PLAT. HOLD FEE SIMPLE TITLE RESPECTIVELY TO THE ABOVE DESCRIBED UNITS IN THE 200 BUILDING OF THE ASPEN ALPS NEST CONDOMINIUMS. ALTHOUGH WE BELIEVE THAT THE FACTS STATED HEREIN ARE TRUE. THIS CERTIFICATE 15 NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE. AND IT 15 UNDERSTOOD AND AGREED THAT PITKIN COUNTY TITLE, INC. NEITHER ASSUMES NOR WILL BE (]URGED WITH ANY FINANCIAL LIABILITY WHATSOEVER CONNECTION WITH THIS CERTIFICATE. PITKIN COUNTY TITLE. INC. BY: /L / ytINA O 4aNiMM ram: � e Cr?O TARM, THESFOOZO DNG TITLE COMPANY CERTIFICATION WAS ACKNOWLEDGED BEFORE ME d=&&_ 20 10 . BY 2kado 7SU1lJ/!4 AS ON BEHALF OF PITKIN COUNTY TITLE. INC. a. MY COMMISSION EXPIRES:-"n-*t40A.'tBNT�sR1'PILi1C i` '-'CaR@C '.H WI E HOAI.RNB t _ A - - f Y PUBLIC CERTIFICATE OF OWNERSHIP KNOW ALL MEN BY THESE PRESENTS THAT THE ASPEN ALPS CONDOMINIUM ASSOCIATION. A COLORADO NON-PROFIT CORPORATION. BEING ATTORNEY -IN -FACT FOR ASPEN ALPS WEST CORDON) NI UMS AND ITS INDIVIDUAL OWNERS OF UNITS I THROUGH 17. ALSO KNOWN AS UNITS 200 THROUGH 216. SUCH PONEA OF ATTORNEY BEING INCORPORATED IN THE AGRE,EMENT.TO-AMEND THE CONDGMINIUM DECLARATION FOR .A�,SppEENN4 ALPS NEST. TED RECORDED AS RECEPTION NO .Ii'1y347 ON . IN HE OFFICE OF THE CLERK AND RECORDER. PITKIN COUNT OLO HEREBY AMENDS THE CONDOMINIUM MAP OF ASPEN ALPS WEST TO INCLUDE THE ADDITIONS TO UNIT 206 NITHIN THE AIRSPACE OF SAID UNIT 206 AND TO INCLUDE THE LIMITED COMMON ELEMENT DECK EXPANSION OF UNIT 216 AS THE SAME ARE SHOWN ON THIS THIRD SUPPLEMENTAL CONDOMINIUM MAP OF ASPEN ALPS WEST. EXECUTED THIS _ DAY OF . 2010 ASPEN ALPS CONDOMINIUM ASSOCIATION. A COLORADO NON-PROFIT CORPORATION AS ATTORNEY-IN-F ALT FOR THE ABOVE -NAMED RECEPTIONO: S74242.1011212010 At OWNERS Y �i OtA7:SS PM. 1 OF 2 R 521.00 Janic. K. By. 'l am/ Vat Caudili. Pituin Courny. CO /OF '.'J. TODD FI . VICE-PRESIDENT PLAT SK 94 PG 90 STATE COLORADO) I SS. COUNTY OF PITKIN I THE FQR�Gy ING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS z DAY OF yL-. 2010 BY J. TODD FIGI. A5 VICE-PRESIDENT OF THE ASPEN ALPS CONDOMINIUM. A COLORADO NON-PROFIT CORPORATION. AS ATTORNEY IN FACT FOR THE ABOVE -NAMED OWNERS. MY COMMISSION EXPIRES: !o njYCN 2 01 WITNESS MY HAND AND OFFICIAL SEAL. AIBOMMMMON %� NIWIq ►aAe •4, ra..RretEt•.� rt m sw CLERK 6 RECORDER'S ACCEPTANCE THIS THIRD SUPPLEMENTAL CONDOMINIUM MAP OF ASPEN ALPS WEST WAS ACCEPTED FOR FILIN�G� IN THE FFIICEOF THE CLERK AND RECORDER OF PITKIN COUNTY. COLOBOOK4WWRLQ_1Y_.HAT PAGE AS RECEPTION N0. 7 IN PLAT C04K AYD RECORDERN IY 1: 5� kt / 1 THIRD Sl1PPLEhfNTAL COND0h91VUJ MAP OF ASPEN ALPS WEST. ASPEN COLORADO.. BY: ALPINE SURVEYS SHEET I OF 2 JAMES F. RESER L.S. 9184 I101 VILLAGE RD. CARBONDALE. CO 81623 970-925-1 ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION WED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS A ER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT. W MY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE CDIMETHUG TEN MORE THTEN YEARS FROM TIE, DATE OF THE CERTIFICATION SHOWN HEREON. _ DATE- 5-t3-10 SCALE: r - By JOB NO; 89-46 milpw 0 5 hT 6 20 SCALE: 1"=10' FROM THE ORIGINAL CONDOMINIUM MAP OF ASPEN ALPS WEST AS RECORDED IN PLAT BOOK 3 AT PAGE 28 TH RD SUPPL �y S o� LITTLE NELL LOT I POB li UTE ADDITION LOT 21 AKA TRACT 21 N m N P 412.44 UNIT 3 AKA UNIT 203 OFF I CE -1 mmIrl'i S3v 3534'E 285.03' aqv P9i P OF ASPEN ALPS WEST �nii a i ADD IT ON 244 jj.l FT. UNIT 4 UNIT 5 UNIT 6 UNIT 7 UNIT 6 AKA UNIT 204 AKA UNIT 205 AKA UNIT 206 AKA UNIT 207 AKA UNIT 208 (FIRST LEVEL) FROM THE THE CONDOMINIUM MAP OF ASPEN ALPS NEST AS RECORDED IN PLAT BOOK 3 AT PAGE 27 'S6'3 PROPERN LINE 777 LITE AT THE ASPEN ALPS COMMON AREA 777 UTE AT THE ASPEN ALPS /¢40 11 mortgage,. tum _unit . en: Alps cord, 217,. Page -Book ►c'ea pYo- �=poees to t ;but el s a asemente ' ude a non- 'e-general. d-use of 'and 'as signs, [ is para- 'Lnt to Map Fclarant �ect to ter- e.'--shall be ' it for ver, such g to the. were a %setnent. ►, of para- hts under in of Building graph (c) of y is sold led Declara- hall. expire, ciation as 11 not be i'all rights ' cease rs�u�f'�'I best be -- lien or en- ',e filing for sident of shall thereby ' _legalIy. tise'of lenient to ' 'is South m Decla- -ording cription ' ne�fer and - _pclude a for use 'owner of sae or and control _ J . I + j more of the owners of the condominium units described in Exhibit "B" of this ---»- +� First Supplement. ;? 8. Reservation. All condominium unit owners and the owner of Space A ease- = v _ ment shall have a non-exclusive right, in common with the others, to the use of sidewalks, pathways and other general common elements. 9. General. _ (a) As used herein, "Declarant" means and includes the Declarant, his successors and assigns and their heirs, executors, administrators, grantees and assigns. -.'• (b) The provisions of this instrument shall be in addition and supplemental to the provisions contained in the recorded Declaration for Aspen Alps South. (c) If any of the provisions of this instrument or any paragraph, sentence.' . clause, phrase or word, or the application thereof in any circumstances be in- validated, such invalidity shall not affect the validity of the remainder of this in- strument, and the application of any such provision, paragraph, sentence, clause, . phrase or word in any other circumstances shall not be affected thereby. (d) The provisions of this instrument shall be in addition and supplemental to the Condominium Ownership Act of the State of Colorado and to all other pro- visions of law. ` (e) That whenever used herein, unless the context shall otherwise provide, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders. IN WITNESS WHEREOF, Declarant has duly executed this instrument this 26th day of December, 1968. Christian J. Allis ,,-rustee STATE OF COLORADO ) �� es. City and County of Denver ) The foregoing instrument termed First Supplement to Condominium Decla- ration for Aspen Alps South (A Condominium) was acknowledged before me this Z6th day of December, 1968, by Christian J. Allison, Trustee. Witness my hand and official seal. My Commission expires: November Z0, 1971 4eR�qe�rg,,tar�b}fc /sf7 I I EXHIBIT "A!' FIRST SUPPLEMENT* TO CONDOMINIUM DECLARATION FOR ASPEN ALPS SOUTH (A Condominium) 1. A tract of land located in the M & Y Lode claim, USMS No. 392 . M, and Lot 33 of Section 18, T-10- S, R-84-W of the 6th P. M. , Pitkin County, Colorado. 1 more particularly described as follows: Commencing at the intersection of line 7-8 of the M & Y Lode claim, USMS No. 3921 A. M. and line 3-4 of the Millionaire Lode claim, USMS No. 3620 thence ' N 04030' E, 33.72 feet to the point of beginning; thence S 80014' E, 73.97 feet; thence N 04037' E, 187.63 feet; thence N 85023' W, 74.04 feet; thence S 04030' W, ` 181. 00 feet to the point of beginning; 1 ( hereinafter referred to as Parcel 1. F 2. Together with a perpetual, non-exclusive easement in common with Declarant., the owners of the condominium units described in Exhibit "B" to Condominium Declaration for Aspen Alps South, the owners of the property described as Parcel 3 in Exhibit "A" of said Declaration, their heirs, administrators, executors, grantees and assigns, and Aspen Skiing Corporation, its successors and assigns, for pedestrian, vehicular and other traffic over, on and across an area twenty (20) feet in width, described as follows, to -wit: A tract of land located in the Northwest 1/4 of Section 18, 'Township 10 South, Range 84 West of the 6th P. M. , Pitkin County, Colorado, and being part of the M and Y Lode Claim U.S. M. S. No, 3921 Am, and parts of Lots 33 and 38 of said Section 18, which tract is ten (10) feet in width on each Ride of the following described center line: Beginning at a point whence the intersection of line 5-6 of the M and Y Lode Claim `• with line 3-4 of the Millionaire Claim bears North 54008' West, a distance of 124. 42 , feet; thence South 38°09' East a distance of 124. 19 feet; thence 49. 49 feet along a curve to the right having a radius of 185. 51 feet; thence South 22049' East a distance*.. of 20.89 feet; thence 61.67 feet along a curve to the right having a radius of 135.59 feet; thence South 3018' West a distance of 102.06 feet; thence 53. 85 feet along a curve to the left having a radius of 61. 36 feet; thence South 47016' East a distance of 61. 11 feet; thence 29. 57 feet along a curve to the left having a radius of 35. 11 feet; thence North 84013' East a distance of 8.54 feet; thence 37. 31 feet along a curve to } the left having a radius of 38. 60 feet; thence North 28048' East a distance of 126. 30 feet; thence 72. 17 feet along a curve to the right having a radius of 252.67 feet; thence North 45010' East a distance of 188 feet, more or less, to the Southwest # j right-of-way line of Ute Avenue; 1{ 1 hereinafter referred to as Parcel 2. 3. Together with a perpetual, non-exclusive easement in common with Declarant, ' the owners of the property described as Parcel 3 in Exhibit "A" of the Condominium Declaration for Aspen Alps South, their heirs, administrators, executors, grantees and assigns, for pedestrian, vehicular andothertraffi^ and for parking of vehicles on, over and across the following described property: A tract of land located in M & Y Lode Claim U.S. M. S. No. 3921 A. M. Little Nell U. S. M.S. No. 3881 A. M, and. Lot 33 of Section 18 T-10- S R-84-W Lode Claim, of the 6th P. M. , Pitkin County, Colorado. Beginning at the S. E. Corner of Parcel E y�' 1, thence N 04037' E, a distance of 187..63 feet; thence S 21003' E, a distance of 1 I I i - I r 1 �. Inca 59 rfeet; to 30. 1 ti• K - `'�v51 ��-din K.' :xqc ,.b•9" r+�''i'k .! ^. ' ire;(i�ii.i r ib •} : � - " is • , i� • `. .. 133. 96 feet; thence S 8030' E, a distance of 77. 00 feet; thence S 26005' W, a distance of 54.98 feet; thence N 46°08' W, a distance of 96.45 feet; thence' S 80014' E, a distance of 19. 40 feet, to the point of beginning;�'�, J hereinafter referred to as Parcel 3, 4. Together with a perpetual, non-exclusive easement in common with the Decla- rant and the owners of the property described as Par.:el 3 in Exhibit "A" to Con- dominiur. Peciaration for Aspen Aips South, their heirs, administrators, executors, grantees and assigns, for pedestrian, vehtculur and other traffic over, on and across an area described as follows, to -wit: Vinit E A tract of land located ' M & Y Lode Claim U. S. M, S. 3921 A, M. Little Nell Lode Claim, USMS 3881 A. M, and Lot 33 of Section 18, T-10-S, R-84-W of the 6th P.M. Pitkin County, Colorado, which tract is nine feet in width on each side of the follow- ing described center line: I i Commencing at the intersection on line 7-8 of the, M do Y Lode Claim and line 3-4 E of the Millionaire Lode Claim, thence N 04030' , a distance of 33.72 feet; thence S 80014' E, a distance of 38. 52 feet to the point of beginning; thence South 46008' East, a distance of 109.74 feet; thence 85. 75 feet along a curve to the left, having a radius of 35.00 feet; thence North 06030' West, a distance of 84. 72 feet; thence 45. 05 feet a.long a curve to the right, having a radius of ZZO. 00 feet; thence North 05014' East, a distance of 62. 07 feet; thence 94. Z5 feet along a curve to the left, having a radius of 125. 00 feet; thence North 37058' West, a distance of 92.98 feet; thence 73. 37 feet along a curve to the right, having a radius of 25 feet; thence South 49049' East to its intersection with Parcel Z;__.. hereinafter referred to as Parcel 4. 5. A portion of Parcel 4 traverses the following described property: That portio / of the Little Nell Lode Claim, U. S. M. S. No. 3881 A. M. and being situates n Section 18, Township 10 South, Range 84 West of the 6th P. M. , Pitkin County, Colorado, more particularly described as follows: 7 Beginning at Corner No. 4 of said Little Nell Claim; thence S 43046' E, a distance of 256. Z3 feet along line 4-3 of the Little Nell Claim; thence S 43029' W. a distance of 70.00 feet; thence N 43046' W, a distance of 256. 23 feet to line 4-5 of the Little Nell Claim; thence N 43029' E, a distance o' 70.00 feet to the point of beginning; hereinafter referred to as Parcel 5. Parcel 5 is the subject of an easement recorded in Book 235, Page 722, records of Pitkin County, Colorado, for the purposes and on the terms, provisions and condi- tions therein provided, including the annual payment to Pitkin County, Colorado for. - - - the use thereof which the owners of the condominium units created under this First Supplement assume and agree to pay by acquisition of title to their condominium units. The easements referred to as Parcels 2, 3 and 4 shall be appurtenant to each of the condominium units created under this First Supplement. A description of a condo- minium unit in the manner provided in paragraph 4 of this First Supplement shall be good and sufficient for all purposes to convey, transfer, encumber or otherwise affect not only the unit but also the general common elements, the limited common elements and the easements appurtenant thereto. 4 . Ae'? 'ce S 26005' W. a 45-feet; thence , (emmon with the Decla- ` 'n Exhibit !'A" to Con- ri mistrctors,' executors, t affie` over, on and across t A. M: Little Nell Lode .R;.44=W ofahe 6th P.M. ' aeack: side of then follow- ode Claim and line 3-4 .6 of .33. 72 feet; thence thence South 4600a, 'Lrve .to _the left, having i. of 84. 72 feet;. thence 00 feet; thence North curve to the left, ante of 92.98 feet; i o: 25 feet; thence South property: That portion d being situate in Section tkin.County, ' Colorado, E.- a distance 'S`430461 e':S 43o29' W. a distance :o'line 4-5 of the Little is point of beginning; SPage 722records of ,:provisions and condi- County, Colorado for 'iri rested under this Firet o their condominium �purtenant to each of the description of a condo- irst Supplement shall be r--nber or otherwise he limited common Unit Designation - 700 701 702 703 704• 705 706 707 708 70 9 710 EXHIBIT 11Bii FIRST SUPPLEMENT TO CONDOMINIUM DECLARATION FOR ASPEN ALPS SOUTH (A Condominium) Building Symbol 700 700 700 700 700 700 700 700 700 700 700 BOOK ed j . PAGE Appurtenant U d Win^ PP n iviaea��<�� _Interest (Fractional One -eleventh One -eleventh r One -eleventh One -eleventh• One --eleventh ...�' One -eleventh`"' One -eleventh r One -eleventh.'" One -elevenths •'`� One -eleventh One -eleventh /16o EXHIBIT SECOND SUPPLEMENT TO CONDOMINIUM MAP OF ASPEN ALPS SOUTH THE SOLE PURPOSE OF THIS SUPPLEMENTAL MAP M TO SHOW THE INCORPORATION OF THE LINEN SPACE INTO THE HORIZONTAL AND VERTICAL DIMENSIONS OF CONDOMINIUM UNIT 702. IN ALL OTHER RESPECTS THE ORIGINAL AND THE FIRST SUPPLEMENTAL MANS OF ASPEN ALPS SOUTH CONDOMINIUMS REMAIN IN FULL FORCE AND EFFECT. (AMENDING AND SUPPLEMENTING ASPEN ALPS SOUTH PLATS aN PLAT BOOK 3 AT PAGE .54 AND IN PLAT BOOK 3 AT PAGE 373) I CERTIFICATE OF OWNERSHIP S WAFL MEN L'h mr- PRGbGht7�:T,-IAT IJgvfrJG GCt-t•/EY�p Unlla T3-IE ccJRR�M Ow1.I�R '.�F c01�CZ>A MIT 702[,t ,L TI-r- INTERLJTgqp5���peO°LR9Te et�� MJI BUILDING OF TH�fV^P1ff'mP�-41 JQJTNQ�NDOM1hNlILJNC PUR'JU?7JT TO THE �VEA* X501�THCCoNOOMIMUM CEGLF[FaTTic I ��1,� \•� G� R�RMERLY friNVKiAKM <e.D ' �J�' 10 oEPlcrrlJT'� iD rIaFZMn:f�.Dir a r.�N�o I-{ElCE,�Rn-aIcr�`r' I ! �' •�\• C-ONLYJArI1NiUM UNIT czl I ;`� �� Y� •GoBECT FoK ALL NO��CS f�SN N NiU I tV- / �"L�� 5TATE OF-------------------- `) �f FDwER5OPATTt71VJtYOF RECORD �® COUNTY OF-------------J tVTHE FOKEC�thlG INgTI�UMtNT wPF� 6E-R�R OF-71-115--------R4YOF_---- 1 z j % 6Y HEFZ�EKT UA r,7-EN. 42 I raj / WIT1rrE b W HAI-40 AHO OF"FIGALE4L. Vtv- COVIN(I�ION pCPitR25= ___-- 1.03]0�___-- rs - U / Mora f �LIC. ✓ ��, nLr� VICINITY MAP I ICIa l - IQ7D SITE PLAN 1 SECTION�� 11 GARDEN LEVEL PLAN Alpine Surveys, Inc. POW OtBoe Bat 1730 Aspen, Colorado 81612 970 925 2688 Surveyed P—isions 3.22.05 Drafted 3.0-t.2, 2 5 or !II'!II�PI III!IGI!il! il:�IHr�illl►l!ili!I(p 0899 N2 Title Sm::)JLJ SUPPLEMENT TO CONDOMINIUM M" OF ASPEN ALfth J GITYOFA5PM-4, PITKIN COUNTY CrJLO .lob No Cllerd SHEET I OF 2 /-51 LJ SEC.OND SUPPLEMENT TO CONDOMINIUM MAP OF ASPEN ALPS SOUTH 3 '701 P G � n I� COMMUNITY -DEVELOPMENT APPROVAL TI-111 SECOND 9UPPLEMn-17 TO COND ON11NIUM MAP OF ASPEN Ault) �tOLTH WA5 - APPteO�/ED PJ!T+-1E DIKF%ZU1�OF THE DI=PARTMENTOF COMNIUNI�Y DEVFIOPM�ITOF THE CITY OFA5PE7J COLOKA00, 7I4I17 ---'--Vic_---CI°YOF--- - •-�- -----_- J. CJ-aRJ�,� J�7`ICXOh1,�DN�IL"Jf� COMMUNITY DEVELOPMENT ENGINEER'S APPROVAL THIt> SEC [) eUPPLP-MENT TO WNCOMIN AI MAP OFA-1-;)PEN ALP't) 50 TTH WAg APPRQJED P7YTNF COM ITY DEVElOP1✓t1:iJT n-IGwI- R Of:THF-CJW OF ferff1-1, 60L01Cf'Gt7 T} 111-7)__1_DAY of 201 - r_nc�a..�o.•n. o.. �'Y,�..,..��.�.�f.., uai,m•NN t �6T1�JfT ti i cRt n% F X rt lr •.ffilcAi 45»�i�f�GdiiiGRinii- Alpine Surveys, Inc. Post Office Banc 1730 Aspen, Colorado 81612 970 925 2688 TITLE CERTIFICATE Tl-IE LA-4L) gIGNE 7' A DULY ALM-O IZffMULJ— �-rATIVE OF PiTKH CQJH7Y TITLE ING. r=5k -T GOING Gt tt.l IV PITON COLA-'Ti,COLORADO, HEREaY CF1ZT1e16TPAT THE PEf rDONS L15TED A,g OW-4Erzr� ON TNIo MRr F IOC F'EE - ;-NMPLE TITLETO THE: REAL PROF n-z r- otter- ED HCFtEIN. F�-THOX-H WEDEUEVE THE FACTS STATED ON TJ-I15 MAP ARE TRJE THIS CEKTI F CATE. In NOi TD 3E COhI.STILJEO At) AN AZerF�PCT OF TITLE 1 J01K AN OPtNIGN OETITL�F- NOR A GUAeANTEE OF TITLE AND IT It� UNC)6-,t7000 AND AUKEED TFiAi PIT -KIN COY TITLE, ING. NEITHEP AgE(-N1E51JOMWLLDEa-IAft&ED WITH ANY rjF-A GAL 06LIGATION OIL LIASIUTT' ON ANY STATEMENT CONTAJNFDTHEREJN. F1T+<,1t--A COI.)NT TITLF-, Its. OA7r.• ----- _ .% ----- FAY•_ J' x%" GCS J % j'" !Li G ' htPJvtl� TITL-E STATC OF COLORAoo � `J`J coo-lTYOF PITKIN TH FT JQRCGOtN G IN5�I JMENT wAo- D% M E TI 4 -D 2Q DY s?�J�e ii� �'� ---- — OF PI IVN C J)-nrTITLE, ING. --- MYCUi✓IMI�IQN, EXPItZEg~ WITNE� A AO OFFIGAL_ f=C . - ' -r hlFtJBUG Surveyed Revisions J. L2.05 Drafted 3.09. 2) 05 SURVEYOR'S CERTIFICATE i, JAME`5 P. FCt)l)EOrCe:rTIFI--Hn T 1 -IA�/E PiZE � R p 1 115 SELOI }D SUPPtL1itENT lb CI7h IN1UM OAr OFA-':DPEt- i AL.r'S SOUT}--I ANDTHAT I HAWF-0r-'IC r1"JAf.)F !7 /DEW." PAtCi OFCONCOMINIUM UNIT 702 THF-GCJ-JEJCALCOMMON FIEMIENTSPACE MARK= LfNEAI° E>:,& YA't IT APPEA,t2� AN D A5 DI MEN510NED aN THE FI RST SUP PLEMENT-Tb .Cq,NGOMI N lUli1 1.M�P ofFF7PE1�! ALPS �L71N AS RCcL`RDED IN PLAT eOoK 3 P.T PACE 5�3 OFTHE . P171KIN CCL)f-th' R %X C , r AL'11 E./EIJr ING.----1='� _----------- Jh'M� P RE.�eR. CLERK & RECORDER'S ACCEPTANCE THIg DEC1JN05JPf LEVENf 70 C0N00M1t-4tUM MAP OF�A5DP�1 ALPS _Ct -H WA.� CA(SEt�PfTfYED�OR E OFFGE DAYOF�YK1— PLAT -ice__- �cT PACE ui_Gl.-A51RE�LEYfI500< ON NO. RECDKp��--- = III ill! il!Ill ll f'I �Lm llll� �l l��':I� illy .."'8 92 TWO SECOND ,SUPP1-Ef✓IEt.1T TO CON! OMINIUM MAP OF ASPE,-: A � t�`^ �.- T "V Job No Client SHEET 2 OF 2 ��Z F qm K yi. S }r �- - �_------ 7 SFL- �..�,'GIN�L CLR�.d.i1N 1U(M MAP P_'Q• DIMENSIONS i f I� UNIT 808 I� I� 4 II A 6 L .'�� EL�,-T10841f� .T 7T EL-EV. • 790E 4' .`- FDr-K4--R L.C.E. P..IALWNH y' e7 -lc.LO ETD TD Ix_ORM AVIVMCN -10 OWGIIFJAL liN T FCK7'H L6Y'EL -h-•C OR!6IIWL CLTVPOMlNILM M'l P� CIM�SFa'K� �I UNIT 803 l UNIT 804 �l •. IJLt ... I II -, IL CLEV L. J.,3Y;. •. k7-EV •T117.35' .gip �. FoKkA R L.G.E. PSALCICN-f IL ENC41:15E0 TD FORM A•CJDq'ION TO CkVIi!N'L UNIT. FIFTH LEVEL L �0e1GlN''L GH.-'F.1-) yam.{MEASUmt-wil Tw, 111 � �l T4PIG'L CK056 -5a-noN lwin nm.w+sedr.h a,.r.�e 1lpydr�ww w 1w � ldw rf+w e1w d s adfldn drr r1r 20 a' FF F-T • VICINITY MAP Alpine Surveys, lnr- Post Office Box Im Aspen, Co'onsdo 8" 308 925 2M u /0.5PEN ALP:+ 14ORRTH C'Xa pC.'r 1.NF r.Ti TAIU) rKOPEXT11 t1w xAL£: I• • �1 FIRST SUPPLEMENTAL CONDOMINIUM MAP OF ASPEN ALPS NORTH (A CONDOMINIUM) N7-FE Tt4111 FIRST 60rPL2mF1-rr L COf7DO11n lNIlRn NAP GFA5PEN ALF5 NOMTH r,7CPICT5 T: F- C4NYER510N Or LIMITC7 COMMON C.LEMENT'S "o UNIT ST,-71-L5 " T.-1E g?-O L' SUR£ OF TFIE MALC')Nj E5 hPPUICTENACIT TD THE UNITS 15t-VWM TFiEMCTJN. REFERFJVCE I6 I FMIEC1 MAM TD THE OR IG lNAL_ AND='f.41NIUFA LPAp OF,•LSPEJIi /•LP3 NbfCTH 1I1-E771 IN rL.[T QOOK 4 AT rN ES 55:5 Ttl 5C•5 FOR ALL INFORMATION NUr 5I-10I ON ^.7it'; 5VR'LrJv1UY*r'l. MAP, WHICH CCNVOMIN(UM MV 15 }+FREE='1 INCORPOFATEli IVN -itfi5 RCPEREf icr- CiT'I EN6INCPJC9 APPRC.T/AI_t TENS FIRST SUPPLEMENTAL IAAr 171• A6rCN A115 I`lD� WAh hrPNROY1LCD���P.�' T1G CM-1 Er-,INEE1c OF'11.1t• UT'i oP A5P>=THIS `8 1� 2. _� �/ '—'5r GT4 Iad�Y INEEIZ PL/JYNING CIPPICH AP R.01/AL: Tk10 FIRST 5UPFLCNB�lL c-oi mJM("LM t.V OF iSPEK A.5 cTi-I WAS FIN 'M1i LPNCx - /f— OP _N OF pL AJV NIt�(�1 CpPICV- -n:ZPROVED P(A�+4 O.4 E-TCIIL. G:LEJLK 14`C1 RF1_OR�h3C'7 ACCEPT-ANCL. T.II'j FIRur SUPPLEt..1EfM^L C0t4C0MINIUM MAP OF A51TN ALPJ NCMZ-i WA,, rYLEF-7t(7 f9DM FILING IN THE Or�ICC CLERK ANP REC.OR.DPIi; OP 7FIC CLt WTq 1 PI fG11� STA7L Or. A 'C10CX�M., TN1S Cih4 ur _ I'(1 .MO r mor-DPD PLAT C.LGRK MJ RFLOR.DEK PITK(N CCU-71f, COLO(TAPO ZO jtw-: L/T1C (LDtwE/TdACISF ICEslvehTW..) reJc M-ttNL1,i6 OPFKL 0WOKAttVLJM pkrev 0- 7 -'12. '�Trva}ee \J.�WJ- K� I+�f•ti. a�-J M. O'Il�e.rr+-1,7r, ll «ls-ar-le.. aL T,.�Kt d.��-1,1 R-•.��K'F 21; 15f9 494( Leo1. Fit�sctl •-J T�rl t-itSch SiflVYyrd I Ib 12 VP ♦s jlie. RWA@kma 2 27 M t I4-9a D.X.. EXHIBIT 1 4e CEIZTIFIC.^TE OF OWNeK45•iIP, KNO'N ALL MEN (5m Tf'C< . rRC'✓CNTy TrV.T 7r r- /\'SPEty ALP5 COHMMINNJM A55uC(ATIUNI, A ULORADo NON- PROFIT CORPOK^nOK cbF4 6 ATTCMf4Ey IN-F✓ '.T FCK aDY/ARp M O'HEKRCN, JR.t.` *A LP5 }'ARTNER s, A TEXAS GF_t•IEFAL PPF,TNERSHIP AND AL155P<r H. e*,"" AND SF-KiflLEy S. SNNLL, OWN. M Or tJNIT'5 003, OW, 007 ANo 000, RESF•Pl.TNEL4, (SUCH FOWF-R OF ATTDF7-W1 SE}NCs INCCF.rt7K/.T}p M 7H^T CERTNN MXL)MENT R6C.7RDIS"N rxo1C ,Q'PAC-ELC- OF Ike artcr- or Ivr- CLERK. MID r.E.^_OR1JE'Z, FITKIN CLUM'i, Col-Or—O ' !-exE5'f AMENDS 7w- cANL1O "um M1P or A.5M'4 A L-1`5 NORTH TD It1i--LUFJE TFl£ PX.LCON(rj 'NITHIN 'rKE NRSP/1GE. Or 5/4r, UNITS P.5 THC SAME wWV F}EEN ENCLOSED A.6 -HC Qy THIS FIR17T tK P, rME/JTAL CONDOMINIUM W.P. --r=cuTED TH(5-.�L±PM OIf' •IT.!!�:'t �� I112. A -WEN ALPO C0WC*AjNV-M A',JSCICtATXN. A-1 % -4 IN rACT Mr, THE CaNtfEf :7 H4' WRITER; Pt-F-5iENT STATC'or CrxCTv�l CWN74 OF PITKJN iSS. TW IN'JrI L7IVW-`iT 'A'A5 l•CKNOWLEM=4P 15EMM MC -IFil7 11--vwt of M --1� , (992, 81 HERZ FRG51M2 1' OF 7i1E A"3rEN ALrS C.XA1 OrWNIL.M A7axIATl0f.1. A COLCKA,0D tCN-PROFIT COR.'oR„TIOM AS ATCpA1Eri (N F+'Cr FDR• 7kt AJDOyE N-M%V C R. . WITNEfi vF'! to-V`Ip A1JD OFFICLAL SF V_ U Iv14 coMrmsstclt FjCPIliES �/ NO1�ARy P'IJC�L.� ' 'x1KYEY/l2'� CERTIFiCA'L'E: S, S'JNED F. Rr-ER , A 9Efi19TG¢CD VRoM5NC t,+ L 7L)IK1\1 Lp_ E70 HERE6'! C MFMf `I -114C17 7HE 1hpROYEMrAI'Ttj AS CON SIRL)=r V CoNFcKm 512'?TAM"W-L4 TD THIS FIRST O(RPLEMPJ`�✓L C.orz'"A(NII..M 'AV OLr5 r`F A&ra4 A•10!RTY! (A cot-r-7MIN10m) ANC THAT THID aLrrI.EN47VY'L. i..Vr FLILLI•t Nv'w1J1R,QP1-1 DGP' T' 71'E 1-A1Af7, MRASIAt[TACr1T5 M+C WrIATION ?' niE ENCJ_CSXJRI=D OF THE Or UNm 005 004, 907 AND W�a CF'DIONCRL4 LtMFTEC CL1MMCN ••.�Ft`AE]'t'IrJ or X.tD UNl-J'S) THC I711M.s'SK t5 0r v-,cH FfCiRSUIc£S N.p ELEWITK,1Yb OP TRC FlrM5"V FLOOKt7 ^NO CELLIWaV AS THE 4AMC cLTnFr TLrTE APPI1 Icr+ 'to NN c t�. N-rwc JURMEFis' ING q4= Sf+, vATE; R 9 P. 1 TITLt caf13+r1Fi CERTCI'IGATL:+ TIC LJNOWt3161'4IEl7 A VVI-4 AIITFI MEV RLrRaeerVTATI'✓£ Or n C1DFj10K' TC TITLE MdUK.GC [EGI5TERm Ta FA BUSII4E:.5 IN MTKIN Corr FFN, COLORIZ;D, WSS HEP.EW1 CE2PIF14 71-VT Tl-1L, OaNT-`S5 Or UMT'S WA,, W4, 6D7 AJ.E'dC:B OF 71-e /vrW N.J 5 NCit'FM RJ rOLD CM eft4rL.L' TFTLL 70 SAC UNRS FREE r-41V CLEAR OrALL LIat-* EXCEPT TImr- L.IYTF.A COY 11V.T CEK-v.4N A*- .Aw EW-LkAOIVJ•CL Re":jICr MY*. 18690-i664I G+w4MW DELTM9pC IZ, It iT, J55UW Mn * I6h'/ART TIT LE or /ora", Nor_ ALTH01„u-4 W'C 5MLICVE -NE 7C-15 t'T-'C DAle TAIL, 1"A, CERTIMC:. Tt t5 N7r ID B'E OD►•167R1.•EI7 Ib AN ADe'TR.+cr OF T1-r LE NOW, AN C'tNjOH OF TITLE IbR A GLK^^0CMC OF TITLE, AND rr 15 UNDEIK-1 C ANQ AC•RLGD TKOW 15MA •KT TITLE IDr ASPEN, INC. NEITHER A45lJt.AFb NCR WLLL 5E CtvfveI7 /•WrTM ✓ " Flt- N AL. ML16ATIoN OR LIAEALITy N'rIKTeeM ON ,tl14 6-rkmwiENT 0>4TA3NED Hwml?ri. 91EWAJ1Zr TITLE OF A6f'.-hl, I•JG. cot E^21T H'IFvV{V AVENUE AbPEly, CDI.UKA(LO $16I 1 lift Cbf'IODMtNIIJM MrW Job No 12 -2 cram A.A.0 A. ASP o1J 41, T Ila" /400, 1! 11� UNIT 809 FIRST LEVEL PLAN PLAN of L rrLE ZZ N wJ�, S A cFE; J ALPS NORTH S,'E PLAN i I ViC I I I U"T 809 SECOND LEVEL PLAN ''. R." r L: SECTION 1��U JO'.xi w _..-o t. I.w Alpine Surveys, Inc. Post Mice Bm 1730 Aalan, coioradr. aTGf 3031925 2£03 I�i G S SHi�L°�t crf •S2�gj 'L._ _ [[HL� `C c, [H - - 64 [ ✓uY h UNIT 809 THIRD LEVEL PLAN CU?N1 S 801-808) SECOND SUPPLEMENTAL CONDOMINIUM MAP OF ASPEN ALPS NORTH CA CONDOM UM ) CEF T IFICATE CIF OWNERSHIP ;<NG.h A: MEN•+ 51e- - �fK• ZvW'i"7 q -R I'"R f. TCD lx � r� E rT..•t�� =RK WG R.+-^C fC •I K'�yy _ •v �.,: RP�.C, �QE£`Y /.=wti� TEE �'Y�4.' , 1 a� K•.. -A .N�:t/GE T✓ q[pIT'►^^1 LIB _ T w'Tr n -r= -y .. ;P �C �nv:l ^t '. F I t ��.'.F•L�i'/F. G'h: T��1`� u'�tL4Trti 11L i BTATE 0- QD1-- KAP0 COVN'T OF PITKN -L+£ F R r4,1:`IE--eTtth,L� :`rva R'CKK-W!5� --� KE G_N.✓^:.t.!M�Lit+t-3-1P.-rG'�. !. -T f--- Tr. A°x . L W 1T7• h�' Hf tyG t1 DF GAl'' . IvT' G•,^,t•ibti'�91CN er=:R�•1:.-----�--------- :JLftE'`l''tt+rFrdtAi s 1�[. �"T�I KJTIJG • ._. _.__... ___ SURVEYOR'S CERTIFICATE CITY ENGINEER'S APPROVAL, '^ni9 w'J\'.'..-.VPp FI�S=.•\If•.�C."NiC{rAI.:vAi isP,`� Ell-- . Aaltaf_------- ,VO Erf ^C7—,c PLANNING OFFICE APPROVAL T�i7 '�E...'\C •✓J- �:1`TAL ��!vGL2.MMIA.! MAP or P NN-, �r TITLE COMPANY CERTIFICATION �„J^K�c'Z•C T' JG i.thCY N`i r'i,C4�I ► r-Xlr 'MEE - TC T.,_ W'^-ILA C='1CCL7 R_'f•:. °!C;rGZTY rFEE RN✓GLE%+R:,` ALL L•':N} Ps:D F�..�JupRf+h�'. E•LL rl.p!•£ D'1tc'-..L.r.7 C" A7:Y C_^ti.B�rvT CL'2l-x At A. h��VGi OF T;,u- ,+vG rr l�L:ti1EREwL^%A1"J •Cs.:G7'Hr- Pi Kehl ,^a3-.'NN -:^.E. i". R '_"J✓t.!E ^:.� IN I- .h;F'+s.-a �JE_-_ ,C TI P7;Y �T?u=f.IC!VT _Tr•P.'M`=' •tip-�. �. ITG OP CC4:!GPDO � .yy �. a PlTxtry 4K sE..?JR£ '1--1- r'h- DAY a�r�..�� ✓thcEtvT a-+.A� _.�<P".,� �r�993 •N!T` . hw P,o Zr-vA:. 55-Lfit=- CLEk49 ECORDEKS ACCEPTANCE FCC qx- ,t� L)r 1 , iP. C.c � N A \G2rrl w t .�_i_G 'C_R FJ^C- 'N ,4F C=F;Cff OF Trio '-LEZ< P�O FAR: Et ;: ou!N, P11<tfti. TA:-OP::0ZAA�{, l�rK yp, P CONSENT OF MORTGAGEES rE/GPYV4� 'y�IM.iM �"A"rt<.-'rl A0DZZ.LC G -DLJK ,'J"• Ffz7V! `)EIN- BMFiK 7H2 '_..-T`I�^.'-•J -;c h':s 't:�v25:� '..1,. T•4 1N:1-.Tv :J.l`?L�::�1Te-'� �._'r� Y'.i\:�_V Y.AP CP .45t`1 ;:_.�• �sFlr'�ARIP.y iiE�) J Yill'!"ftl 9Tnre eF cr�:c+t4x� coiJN;TY or Plrrrc� � .'!CE7LChfT •MtJ1q A,Y..a�'TiG*!. A C:.:UI�A `VEAY' rR^FT iGRrJVTiTi. J ATZ''RNEY ;N rPG' --IL 1Edt 'HtfNf"^. t.N!-ii'.I•J P'•G+'.T7'1CA' "frA.L�,C -------------- 10;� TP117 �CY„YD 9LFP'�Y_!.Tv C-1-4C''n'p\,V W.Af O- sga� ALF!5 *OR'F I DF- 'CT7 144E G71d'4'-RrfOM mot= A`4* L 07++hrC7N £:EI.^.Eh'T7 r) 47G1T'O UNIT �+, A.TF:t F 4c Tr%'`RE7` +9bt•OWt�i Th'.EiLC. Y- RMr�I R=M 15 r�Fr-- OR4'yINgL c7T'.X7MINIUM N.:J v'.yP£v, .%•_'•s RTr+, F',,g� iN PLAT .=y ; AT Ail :N RNLh'YN 1 f-r }cwIV ON .WTFLEMETITA. tt+�P' 'NFiK}{ ct"'IiC'i."INtUN) t�t9 s ,E-M •r 1"tCiRt�,?Zii�C 6Y T�?t5 REFER=�ICc. Drafted W AML "-5 PWASIOM rtlaI Job No 92- 3 -2 3 SECOND SUPPLEMENTAL CONDOMINIUM ASPEN ALP_ MAP OF ASPEN ALPS NORTH (A CONclo"A,iMUM ) /SIr