HomeMy WebLinkAboutExbibit D_Molly Gibson ApplicationLand Use Application
Molly Gibson Lodge
A lodge preservation project, featuring small room lodging and associated free-
market residential units.
27 September 2019
Location: 101 West Main Street, Aspen, CO (PID# 273512455800)
An application for Extension of Vested Property Rights and Minor Amendment to
Project Review.
Represented By:
Molly Gibson Lodge / Extension of Vested Rights and Minor Amendment to Project Review
(PID# 273512455800)
27 September 2019
TABLE OF CONTENTS
Project Overview and Code Response
Attachment 2 – Land Use Application and Signed Fee Agreement
Attachment 3 – Vicinity Map & Property Descriptions
Attachment 4 – HOA Compliance Form
Attachment 5 – Proof of Ownership
Attachment 6 – Letter of Authorization
Attachment 7 – Architectural Plans Showing Removal of AH Unit and
Reprogrammed Floor Plans
Attachment 8 – Pre-Application Conference Summary
Molly Gibson Lodge / Extension of Vested Rights and Minor Amendment to Project Review
(PID# 273512455800)
27 September 2019 1
PROJECT OVERVIEW
Haymax Lodging LLC (the “Applicant”) submits this application for Extension of Vested Property Rights
and Minor Amendment to Project Review for the Molly Gibson Lodge, a small lodge preservation
project with associated residential development. The subject site is a 27,000 SF parcel spanning from
Main Street (Parcel 1) to Hopkins Avenue (Parcel 2), and bordering Garmisch Street on the east (the
“Property”). The Property lies partially within the Mixed-Use (MU) Main Street Historic District and
Medium-Density Residential (R-6) zone districts and has a Lodge Preservation Overlay (LP) impacting
the entire parcel. The LP Overlay District has been used to determine the permitted uses and the
allowable floor area for the approved free-market multi-family residential component. The Planned
Development (PD) overlay determined other parameters, which generally consider the MU and R-6
zone districts.
Previous Approvals
Previous approvals granted the project include:
• Historic Preservation Commission (“HPC”) granted Demolition and Major Development
Approvals for properties located within the Main Street Historic District, Commercial Design
Standard – Conceptual Approval, Growth Management allotments, and Residential Design
Standard Variances by Resolution 35, Series of 2014.
• City Council granted Growth Management, Planned Development – Project Review, and
Subdivision for a Site-Specific Development Plan approval by Ordinance 3, Series 2015.
• HPC granted Major Development Final Approval, Final Commercial Design Approval, and
Planned Development – Detailed Review Approval for a site-specific development plan by
Resolution No. 18, Series of 2015.
• City Council granted a twenty-four (24) month Extension of Vested Rights which will expire on
24 June 2020.
Extension of Vested Rights and Proposed Minor Amendment
An extension of vested property rights is requested to allow for the redevelopment of the Molly
Gibson Lodge to follow the redevelopment of the Hotel Aspen, which is located across Main
Street from the Property. The extension of vested property rights will ensure that a critical
location on Main Street will not be impacted by two concurrent construction projects.
Moreover, the staggering of projects will allow for one lodge to remain operational during the
construction of the other lodge, thereby ensuring the bed base of Aspen does not incur a
drastic reduction for multiple seasons. This will also allow employees of both the Hotel Aspen
and Molly Gibson Lodge to maintain their employment, which would not be possible with both
lodges under construction. Finally, the extension of vesting will allow the recently redeveloped
Hotel Aspen to “settle in” operationally without impacts of redevelopment at the Molly Gibson
Lodge.
The Hotel Aspen, which is also owned by an affiliate of the Applicant, submitted for a building
permit in May 2019. It is anticipated that construction on the Hotel Aspen redevelopment will
commence in April 2020. Construction at the Hotel Aspen will last approximately eighteen (18)
months with an anticipated reopening of the Hotel Aspen in November/December 2021. Based
on this schedule, the Applicant anticipates submitting for building permit for the Molly Gibson
Lodge in April 2022 with construction to commence in April 2023. An extension of vested
property rights of two (2) years is requested, or 24 June 2022.
The Applicant has assembled a full team of consultants that are currently working towards the
85% Construction Document Permit Plan submission for the Molly Gibson Lodge. The process of
assembling a complete building permit application prior to expiration of vested rights is a
Molly Gibson Lodge / Extension of Vested Rights and Minor Amendment to Project Review
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27 September 2019 2
complicated and expensive matter. Allowing for an additional two (2) years of vesting will
ensure that the building permit process for the Molly Gibson is not rushed, which is ultimately a
benefit to both the Applicant and the City of Aspen.
The Applicant also is requesting minor amendments to the design of the lodge. These include a
minor modification to the footprint of the southeastern corner of the lodge and reconfiguration
of the parking off of the alley to relocate the trash enclosure. The exterior patio spaces on the
ground level adjacent to the parking will be eliminated and replaced with landscaping.
Portions of the public amenity space may be modified to accommodate refined grading and
required stormwater management enhancements.
Finally, the Applicant is requesting to provide the previously approved on-site affordable housing
unit as an off-site location or provided through Affordable Housing Credits. This will allow for two
lodge rooms which are currently located in a subgrade condition, the basement, to be located
above grade and for additional conference space to be provided. The off-site affordable
housing mitigation will be fully compliant with Aspen Pitkin County Housing Authority Guidelines.
It should be noted that the redeveloped Hotel Aspen, located across Main Street will be
providing more than the required affordable housing. This housing will be used for both Hotel
Aspen and Molly Gibson Lodge staff. All approved dimensional requirements will remain
unchanged and these minor amendments are consistent with the allowances and limitations of
previous project reviews.
Approved Development
The approved development will replace the existing aging lodge with an entirely new building
that will feature units averaging 303 SF in size. The addition of small lodge units to the inventory
of lodging units for the City of Aspen is a stated goal of the Aspen Area Community Plan as well
as a priority of the City Council, and this development will address an important gap in the
lodging inventory for the City.
Unchanged from previous representations and approvals granted, the project includes an
increase in the number of lodge units provided, from 53 existing units to 68 units. Two (2) single-
family residential units have been approved on Hopkins. No modifications to the residential units
are proposed with this application. Twelve (12) at-grade parking spaces have been approved
for lodge use on Parcel 1.
Additional site improvements include the provision of a new detached sidewalk along Main
Street, replacing the narrow attached sidewalk, as well as public amenities and the installation
of appropriate deciduous street trees along Main Street. These will replace existing spruce trees,
which are not preferred to be located along streets. Also proposed is the enhancement of the
area between the edge of pavement along Garmisch and the entrance to the lodge. The
Applicant looks forward to working with the Parks Department in specifying the appropriate
street trees and landscape improvements.
The approved dimensional requirements for the development, which remain unchanged, are as
follows:
Parcel 1
• 3.5’ Western side yard setback;
• 2.5’ Front yard setback (Main Street);
• 0’ Eastern (Garmisch) side yard setback;
• Maximum height of 32’;
Molly Gibson Lodge / Extension of Vested Rights and Minor Amendment to Project Review
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• Public amenity space of 10% or 1,869 SF;
• Twelve (12) parking spaces;
• Cumulative floor area ratio of 1.5:1 (26,959 SF);
• Lodge floor area ratio of 1.46:1 (26,315 SF);
• Lodge net livable area of 20,575 SF
Parcel 2
• Minimum lot size of 9,002 SF;
• Front yard setback (Hopkins) of 10’;
• Side yard setbacks (East and West) of 7’;
• Rear yard setback (alley) of 10’;
• Maximum height of 25’;
• Allowable floor area of 8,000 SF or 4,000 SF per residence
Molly Gibson Lodge / Extension of Vested Rights and Minor Amendment to Project Review
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Land USE CODE RESPONSE
Sec. 26.308.010.C. Extension or reinstatement of vested rights.
The City Council may, by resolution at a public hearing noticed by publication, mailing and posting approve an
extension or reinstatement of expired vested rights or a revoked development order in accordance with this Section.
1. In reviewing a request for the extension or reinstatement of vested rights the City Council shall
consider, but not be limited to, the following criteria:
a) The applicant's compliance with any conditions requiring performance prior to the date of
application for extension or reinstatement;
The Applicant has complied with all conditions requiring performance prior to the
date of application for extension. The Applicant has prepared and recorded the
Final Plat (recorded at Book 115, Page1) and prepared and recorded the
Subdivision/Planned Development Agreement (recorded at Reception # 630851).
Preparing these materials was a lengthy process that required a substantial
investment in time and consultant work.
b) The progress made in pursuing the project to date including the effort to obtain any other
permits, including a building permit and the expenditures made by the applicant in pursuing
the project;
The Applicant has made significant progress in pursuing the project, including pursuing
financing for the project, and assembling a consultant team that is currently working
towards an 85% CD building permit submittal. To date, the Applicant has spent over
$1,000,000.00 on the project.
c) The nature and extent of any benefits already received by the City as a result of the project approval
such as impact fees or land dedications;
An affiliate of the Applicant owns the Hotel Aspen and has submitted a building permit
application for the redevelopment of the Hotel Aspen. The Applicants have provided
$15.000.00 for an additional We-Cycle station, and are providing engineering design for
much-needed pedestrian improvements along Main Street.
d) The needs of the City and the applicant that would be served by the approval of the extension or
reinstatement request.
The extension of vested property rights will allow pacing the Hotel Aspen and Molly
Gibson Lodge so that construction does not occur simultaneously on these Main Street
properties. Additionally, the staggering of the projects will ensure that the bed base,
particularly in the affordable lodging category, will not be substantially impacted by
both lodges being taken offline at the same time. Moreover, additional vesting will
allow the Hotel Aspen to “settle-in” operationally following redevelopment. Finally, the
extension of vesting will be very meaningful to the employees of both the Molly Gibson
Lodge and the Hotel Aspen by allowing the Applicant to avoid laying off employees
that would be necessary if both hotels are under construction.
Sec. 26.445.110.D. Minor Amendment to a Project Review Approval
Molly Gibson Lodge / Extension of Vested Rights and Minor Amendment to Project Review
(PID# 273512455800)
27 September 2019 5
An amendment found by the Community Development Director to be generally consistent with the
allowances and limitations of a Project Review approval or which otherwise represents an insubstantial
change but which does not meet the established thresholds for an insubstantial amendment, may be
approved, approved with conditions or denied by the City Council, pursuant to 26.445.040.B.2 – Step Two.
An applicant may not apply for Detailed Review if an amendment is pending.
The Applicant requests that Minor Amendments be made to the design of the lodge. These
minor modifications include adjustments to the interior layout of the lodge to slightly modify the
footprint of the southeastern corner of the lodge and shift the alley parking based on a
relocation of the trash facility. The exterior patio spaces on the ground level adjacent to the
parking will be eliminated and replaced with landscaping. Portions of the public amenity space
may be modified to accommodate refined grading and required stormwater management
enhancements. The Applicant is requesting to provide the previously approved onsite
affordable housing unit to be located off-site or mitigated with affordable housing credits. This
will allow two lodge rooms that are currently shown subgrade to be located above grade and
provide for additional conference space in the lodge, we understand this is something that is
lacking in the community. The off-site affordable housing mitigation will be fully compliant with
Aspen Pitkin County Housing Authority Guidelines.
The Applicant is not applying for Detailed Review.
Responses to Sec. 26.445.050, Project Review Standards, as directed by Sec 26.445.040.B.2, are
provided below.
26.445.050. Project Review Standards.
The Project Review shall focus on the general concept for the development and shall outline any dimensional
requirements that vary from those allowed in the underlying zone district. 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. The underlying zone district designation shall be used as a guide,
but not an absolute limitation, to the dimensions which may be considered during the development review
process. Any dimensional variations allowed shall be specified in the ordinance granting Project Approval.
In the review of a development application for a Project Review, the Planning and Zoning Commission or
the Historic Preservation Commission, as applicable, and City Council shall consider the following:
The general concept for the development and its dimensional requirements are unchanged
from previous approvals. These proposed minor amendments are generated by interior layout
modification that necessitate slight modifications to the footprint of the lodge and relocation of
the onsite affordable housing unit. During the extensive review of the development, all review
boards found that the development is consistent with the character of the Main Street Historic
District and with the provisions of the City of Aspen Land Use Code. The Planned Development
overlay has generally utilized the underlying zoning as a basis of the dimensional limitations. No
variations are requested with this application.
A. Compliance with Adopted Regulatory Plans. The proposed development complies with applicable
adopted regulatory plans.
The addition of small lodge units to the inventory of lodging units for the City of Aspen is a
stated goal of the Aspen Area Community Plan as well as a stated priority of previous
City Councils. This development will address an important gap in the lodging inventory
for the City.
Molly Gibson Lodge / Extension of Vested Rights and Minor Amendment to Project Review
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B. Development Suitability. The proposed Planned Development prohibits development on land
unsuitable for development because of natural or man-made hazards affecting the property,
including flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil creep, rock falls,
rock slides, mining activity including mine waste deposit, avalanche or snow slide areas, slopes in
excess of 30%, and any other natural or man-made hazard or condition that could harm the health,
safety, or welfare of the community. Affected areas may be accepted as suitable for development if
adequate mitigation techniques acceptable to the City Engineer are proposed in compliance with
Title 29 – Engineering Design Standards. Conceptual plans for mitigation techniques may be
accepted for this standard. The City Engineer may require specific designs, mitigation techniques,
and implementation timelines be defined as part of the Detailed Review and documented within a
Development Agreement.
The previously approved Planned Development ensures that the Property is suitable for
development. The site does not contain any hazards, is generally flat, and is in an ideal
spot for lodging and residential use. A lodge has been located on the Property for many
years.
C. Site Planning. The site plan is compatible with the context and visual character of the area. In
meeting this standard, the following criteria shall be used:
The approved site plan has been shown to be compatible with the context and visual
character of the area. Only very minor modifications are proposed to be made to the
site plan and these changes will provide for a better lodge project. Modifications
include adjustment to the interior layout of the lodge that will slightly alter the footprint of
the southeastern corner of the lodge and an adjustment to the alley parking for the
relocation of the trash facility. The exterior patio spaces on the ground level adjacent to
the parking will be eliminated and replaced with landscaping. Portions of the public
amenity space may be modified to accommodate refined grading and required
stormwater management enhancements.
1. The site plan responds to the site’s natural characteristics and physical constraints such as
steep slopes, vegetation, waterways, and any natural or man-made hazards and allows
development to blend in with or enhance said features.
The approved site plan responds to the site’s natural characteristics. No physical
constraints exist on the site. The development blends in and works with the site
and adjacent conditions and uses.
2. The project preserves important geologic features, mature vegetation, and structures or
features of the site that have historic, cultural, visual, or ecological importance or contribute
to the identity of the town.
No important geologic features are present on the site and there are no structures
or features that have historic, cultural, visual, or ecological importance or
contribute to the identity of the town. The existing mature vegetation will be
removed to provide for more appropriate and attractive landscaping. In
particular, the conifers located along Main Street will be replaced with more
appropriate deciduous trees. The application will work with the Parks Department
to select appropriate tree species to be located along Main Street and ensure
appropriate mitigation for removed vegetation is provided.
Molly Gibson Lodge / Extension of Vested Rights and Minor Amendment to Project Review
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3. Buildings are oriented to public streets and are sited to reflect the neighborhood context.
Buildings and access ways are arranged to allow effective emergency, maintenance, and
service vehicle access.
The approved site plan will largely remain unchanged and only minor
modifications are proposed to be made to the approved lodge building. All
buildings will remain oriented to public streets and the siting of the buildings have
been recognized to reflect the neighborhood context. Buildings have been sited
to allow effective emergency, maintenance, and service vehicle access.
D. Dimensions. All dimensions, including density, mass, and height shall be established during the
Project Review. A development application may request variations to any dimensional requirement
of this Title. In meeting this standard, consideration shall be given to the following criteria:
The dimensional requirements established in prior reviews will not be changed. No
variations are requested with this application.
1. There exists a significant community goal to be achieved through such variations.
No variations are requested.
2. The proposed dimensions represent a character suitable for and indicative of the primary
uses of the project.
The dimensional requirements established in prior reviews will not be changed.
These dimensions were shown to represent a character suitable for and indicative
of the lodge and residential use of the project.
3. The project is compatible with or enhances the cohesiveness or distinctive identity of the
neighborhood and surrounding development patterns, including the scale and massing of
nearby historical or cultural resources.
The approved development has been shown to be compatible with or an
enhancement to the cohesiveness or distinctive identity of the neighborhood and
surrounding development patterns, including the scale and massing of nearby
historical or cultural resources.
4. The number of off-street parking spaces shall be established based on the probable number
of cars to be operated by those using the proposed development and the nature of the
proposed uses. 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, and the potential for joint use of common parking
may be considered when establishing a parking requirement.
Twelve (12) at-grade parking spaces have been approved for lodge use on Parcel
1. The lodge is located immediately adjacent to public transit and We-Cycle
stations and the development will include enhancement to the pedestrian
amenities and sidewalks. The location of the lodge will ensure that many guests
will walk or ride public transit rather than taking personal vehicles. Moreover, the
Applicant operates an airport shuttle service for lodge guests. This service is
provided so that guests will not need a private vehicle during their stay.
Molly Gibson Lodge / Extension of Vested Rights and Minor Amendment to Project Review
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27 September 2019 8
5. The Project Review approval, at City Council’s discretion, may include specific allowances
for dimensional flexibility between Project Review and Detailed Review. Changes shall be
subject to the amendment procedures of Section 26.445.110 – Amendments.
Not applicable.
E. Design Standards. The design of the proposed development is compatible with the context and
visual character of the area. In meeting this standard, the following criteria shall be used:
1. The design complies with applicable design standards, including those outlined in Chapter
26.410, Residential Design Standards, Chapter 26.412, Commercial Design Standards, and
Chapter 26.415, Historic Preservation.
The design of the project will remain essentially unchanged with only minor
modifications being made to limited elements of the development to
accommodate interior modifications. The design has been found to fully comply
with applicable residential and commercial design standards and historic
preservation guidelines.
2. The proposed materials are compatible with those called for in any applicable design
standards, as well as those typically seen in the immediate vicinity. Exterior materials are
finalized during Detailed Review, but review boards may set forth certain expectations or
conditions related to architectural character and exterior materials during Project Review.
Some changes to exterior materials will be proposed for review by Historic
Preservation staff and the assigned monitor. Preliminary meetings with HPC staff
have already occurred. The proposed materials will be compatible with those
called for in the applicable design standards, as well as those typically seen in the
immediate vicinity.
F. Pedestrian, bicycle & transit facilities. The development improves pedestrian, bicycle, and transit
facilities. These facilities and improvements shall be prioritized over vehicular facilities and
improvements. Any vehicular access points, or curb cuts, minimize impacts on existing or proposed
pedestrian, bicycle, and transit facilities. The City may require specific designs, mitigation
techniques, and implementation timelines be defined as part of the Detailed Review and documented
within a Development Agreement.
No elements of the pedestrian, bicycle, and transit facilities are proposed to be modified
from the previously approved plan. The approved pedestrian, bicycle, and transit
facilities have been prioritized over vehicular facilities and improvements. The Applicant
has long provided bicycles to guests and are committed to promoting and supporting
We-Cycle, including with the early purchase of an additional base station to the We-Cyle
network. Vehicle access points are unchanged from existing conditions and will minimize
impacts, to greatest extent possible, on pedestrian, bicycle, and transit facilities. The
Applicant has offered to work with RFTA on the upvalley bus stop condition that is
immediately adjacent to the lodge on Garmisch Street. While this offer was not
responded to, the Applicant is willing to discuss future improvements and/or relocation of
the bus stop that may be mutually beneficial to both RFTA and the Applicant.
G. Engineering Design Standards. There has been accurate identification of engineering design and
mitigation techniques necessary for development of the project to comply with the applicable
requirements of Municipal Code Title 29 – Engineering Design Standards and the City of Aspen
Molly Gibson Lodge / Extension of Vested Rights and Minor Amendment to Project Review
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27 September 2019 9
Urban Runoff Management Plan (URMP). The City Engineer may require specific designs,
mitigation techniques, and implementation timelines be defined as part of the Detailed Review and
documented within a Development Agreement.
Engineering Design Standards have been accurately identified in compliance with
engineering design and mitigation techniques necessary for the development of the
project. These comply with the applicable requirements of Municipal Code Title 29 –
Engineering Design Standards and the City of Aspen Urban Runoff Management Plan
(URMP). Minor modifications may be made to address stormwater mitigation and
respond to any constructability related issues. These modifications will be reviewed with
the Engineering Department.
H. Public Infrastructure and Facilities. The proposed Planned Development shall upgrade public
infrastructure and facilities necessary to serve the project. Improvements shall be at the sole costs of
the developer. The City Engineer may require specific designs, mitigation techniques, and
implementation timelines be defined as part of the Detailed Review and documented within a
Development Agreement.
The approved and recorded Subdivision/Planned Development Agreement for Molly
Gibson Lodge Planned Development and Subdivision is recorded at reception number
630851. A copy of the Development Agreement is included with this application and
details the agreed upon upgrades to public infrastructure and facilities.
I. Access and Circulation. The proposed development shall have perpetual unobstructed legal
vehicular access to a public way. A proposed Planned Development shall not eliminate or obstruct
legal access from a public way to an adjacent property. All streets in a Planned Development
retained under private ownership shall be dedicated to public use to ensure adequate public and
emergency access. Security/privacy gates across access points and driveways are prohibited.
The proposed development will have perpetual unobstructed legal vehicular access to
Garmisch street via the public alley. No legal access from a public way to an adjacent
property has or will be eliminated or obstructed. No internal streets are necessary for the
Planned Development and no security or privacy gates are proposed.
Attachment 2
Agreement to Pay Application Fees
An agreement between the City of Aspen ("City") and
Address of Property: 101 WEST MAIN STREET, ASPEN, CO 81611
Property Owner Name: HAYMAX LODGING LLC
Billing Name and Address - Send Bills to:
605 WEST MAIN STREET, STE. 2, ASPEN, CO 81611
Please type or print in all caps
Representative Name (if different from Property owner) MICHAEL BROWN
Contact info for billing: e-mail: MICHAEL@HAYMAX.COM Phone: 970-930-1754
I understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for Land Use applications and
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.
$. 975.00 flat fee for APCHA $, flat fee for
$. flat fee for $. flat fee for
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 within30 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 no -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 and 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.
4,550.00 deposit for 14 hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at $325.00 per hour.
$ deposit for hours of Engineering Department staff time. Additional time above the
deposit amount will be billed at $325.00 per hour.
City of Aspen:
Jessica Garrow, AICP
Community Development Director
City Use:
Fees Due: $ Received $
Case #
Signature:
PRINT Name: MICHAEL BROWN
Title: MANAGER
135
127
125
201
210
200
205
119
125
122134134
101
125
135
110
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PD
LP
DRAIN/TRANS
LP PD
MU
R-6
R-6
MU
Molly Gibson Lodge
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS,
Urban Growth Boundary (UGB)
Emissions Inventory Boundary (EIB)
Historic Sites
Historic Districts
Parcel Boundary
Zone Overlay
LP PD
DRAIN/TRANS
LP
PD
9/23/2019, 2:22:31 PM 0 0.01 0.020.01 mi
0 0.02 0.040.01 km
1:1,128
County of Pitkin & City of Aspen, Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P, USGS, EPA, USDA | CityofAspenGIS; City of Aspen Community Development | The CityofAspen GIS Department presents the information on this website as a
At
t
a
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h
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3
Pitkin County Assessor
Parcel Detail Information
Assessor Property Search | Assessor Subset Query | Assessor Sales Search
Clerk & Recorder Reception Search | Treasurer Tax Search Search
GIS Map | GIS Help
Basic Building Characteristics | Value Summary
Parcel Detail | Value Detail | Sales Detail | Residential/Commercial Improvement Detail
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Tax
Area
Account
Number
Parcel
Number
Property
Type
2018 Mill
Levy
001 R022274 273512455067 LODGE 36.047
Primary Owner Name and Address
HAYMAX LODGING LLC
605 W MAIN ST #2
ASPEN, CO 81611
Additional Owner Detail
Legal Description
Subdivision: MOLLY GIBSON LODGE PUD Lot: 1
Location
Physical Address: 101 W MAIN ST ASPEN
Subdivision: MOLLY GIBSON LODGE PUD
Land Acres: 0.000
Land Sq Ft: 9,000
2019 Property Value Summary
Actual Value Assessed Value
Land: 6,300,000 1,827,000
Improvements: 3,363,900 975,530
Total: 9,663,900 2,802,530
Sale Date:
Sale Price:
Additional Sales Detail
Basic Building Characteristics
Number of Residential
Buildings: 0
Number of Comm/Ind
Buildings: 1
Commercial/Industrial Building Occurrence 0 Characteristics
LODGE SECOND FLOOR: 6,159
LODGE FIRST FLOOR: 6,159
LODGE BSMT: 1,200
Total Area: 13,518
Property Class: LODGING-IMPROVEMENTS
Actual Year Built: 1967
Effective Year Built: 1985
Quality of Construction: AVERAGE
Exterior Wall: AVERAGE
Interior Wall: AVERAGE
Neighborhood: ASPEN ECONOMY LODGE
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Attachment 4
View your transaction progress 24/7 via Stewart Online
Ask us about your login today!
Date:September 06, 2019
File Number:01330-105329
Property:101 W. Main Street, Aspen, CO 81611
SELLER:
Haymax Lodging LLC
Delivery Method: Emailed
Stan Clauson Associates Inc
412 N Mill St
Aspen, CO 81611
Contact:Patrick S Rawley
Phone:(970) 925-2323
Fax:(970) 920-1628
Email:Patrick@scaplanning.com
Delivery Method: Emailed
WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. FEEL FREE TO CONTACT THE
ESCROW OFFICE AS NOTED ON THIS PAGE TO OBTAIN WIRING INSTRUCTIONS.
We Appreciate Your Business and Look Forward to Serving You in the Future.
Attachment 5
ALTA COMMITMENT FOR TITLE INSURANCE
ISSUED BY
STEWART TITLE GUARANTY COMPANY
STEWART TITLE GUARANTY COMPANY, a Texas Corporation (“Company”), for a valuable consideration, commits to issue its policy
or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee
of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance
with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed
for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or
policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the
Company.
The Company will provide a sample of the policy form upon request.
This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized
officers on the date shown in Schedule A.
Countersigned by:
Stewart Title
97 Main Street, Suite W201
Edwards, CO 81632
For purposes of this form the “Stewart Title” logo featured above is the represented logo for the underwriter, Stewart Title Guaranty Company.
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 01330-105329
004-UN ALTA Commitment 6-17-06
Page 1 of 2
CONDITIONS
1.The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2.If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter
affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof,
and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or
damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such
knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual
knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend
Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously
incurred pursuant to paragraph 3 of these Conditions.
3.Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under
the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in
undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c)
to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability
exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring
provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the
proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly
modified herein.
4.This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the
condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the
Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this
Commitment must be based on and are subject to the provisions of this Commitment.
5.The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount o f Insurance is
$2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties.You may review a copy of the arbitration rules at< http://www.alta.org/>.
All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to
it at P.O. Box 2029, Houston, Texas 77252.
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 01330-105329
004-UN ALTA Commitment 6-17-06
Page 2 of 2
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No.: 01330-105329
1. Effective Date: September 04, 2019, at 8:00 A.M.
2. Policy or Policies to be issued:Amount of Insurance
(a) ALTA Owner's Policy 2006 (Standard)
Proposed Insured:
(b) ALTA Loan Policy 2006 (Standard)
Proposed Insured:
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
4. Title to the said estate or interest in said land is at the effective date hereof vested in:
Haymax Lodging LLC, a Delaware limited liability company
5. The land referred to in this Commitment is described as follows:
Lots 1 and 2,
Molly Gibson Lodge Planned Development and Subdivision,
according to the Final Plat thereof recorded July 21, 2016 in Plat Book 115 at Page 1 as Reception No. 630849.
County of Pitkin, State of Colorado
Purported Address:
101 W. Main Street
Aspen, CO 81611
STATEMENT OF CHARGES
These charges are due and payable
before a policy can be issued
Title Report $0.00
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 01330-105329
CO STG ALTA Commitment Sch A STO
Page 1 of 1 STEWART TITLE
GUARANTY COMPANY
File No.: 01330-105329
The following are the requirements to be complied with:
1.
2.
Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or
interest to be insured.
Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for
record.
3. None
NOTE: The vesting deed is shown as follows: Warranty Deed recorded April 03, 2007 as Reception No. 536152
and recorded July 21, 2016 as Reception No. 630848.
NOTE: This product is for informational purposes only. It is not a title insurance product and does not provide any
form of coverage. This product is not a guarantee or assurance and does not warrant, or otherwise insure any
condition, fact or circumstance. This product does not obligate this Company to issue any policies of title insurance
for any subsequent transaction based on the information provided or involving the property described herein. This
Company’s sole liability for any error(s) relating to this product is limited to the amount that was paid for this
product.
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
PART I
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 01330-105329
CO STG ALTA Commitment Sch B I
Page 1 of 1 STEWART TITLE
GUARANTY COMPANY
File No.: 01330-105329
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same
are disposed of to the satisfaction of the Company:
1.
2.
3.
4.
5.
6.
7.
Rights or claims of parties in possession, not shown by the public records.
Easements, or claims of easements, not shown by the public records.
Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be
disclosed by an accurate and complete land survey of the Land and not shown by the public records.
Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not
shown by the public records.
Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records
or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of
record the estate or interest or mortgage thereon covered by this Commitment.
(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;
(c)minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from
the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted
under (a), (b) or (c) are shown by the Public Records or listed in Schedule B.
Water rights, claims or title to water.
8.
9.
10.
11.
12.
13.
14.
15.
Any and all unpaid taxes and assessments and any unredeemed tax sales.
The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other
district or inclusion in any water service or street improvement area.
Deed of Trust from Haymax Lodging LLC for the use of US Bank NA to secure recorded July 21,
2016 as Reception No. 630852.
Reservations and Exceptions as set forth in the Deed from the City of Aspen recorded December 5, 1887 in Book
59 at Page 122 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver , cinnabar
or copper or to any valid mining claim or possession held under existing laws.
Reservations and Exceptions as set forth in the Deed from the City of Aspen recorded January 4, 1888 in Book 59
at Page 248 and January 14, 1888 in Book 59 at Page 283 providing as follows: "That no title shall be hereby
acquired to any mine of gold, silver , cinnabar or copper or to any valid mining claim or possession held under
existing laws.
Reservations and Exceptions as set forth in the Deed from the City of Aspen recorded October 12, 1887 in Book
59 at Page 30 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver , cinnabar or
copper or to any valid mining claim or possession held under existing laws
Terms, conditions, obligations and provisions of Ordinance No. 60 (Series of 1976), An Ordinance Designating an
Historic District as set forth in instrument recorded December 9, 1976 in Book 321 at Page 51 as Reception No.
189906.
Terms, conditions, obligations and provisions of Statement of Exception from Subdivision Regulation for the
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
PART II
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 01330-105329
CO STG ALTA Commitment Sch B II STO
Page 1 of 3 STEWART TITLE
GUARANTY COMPANY
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
Purpose of Condominiumization as set forth in instrument recorded December 30, 1980 in Book 402 at Page 259
as Reception No. 229823.
Terms, conditions, obligations, provisions and easements of Condominium Declaration for the Aspen Ski Lodge
Condominiums as set forth in instrument recorded December 30, 1980 in Book 402 at Page 236 as Reception No.
229821.
Easements, rights of way and other matters as shown and contained on Condominium Map for the Aspen Ski
Lodge Condominiums recorded December 30, 1980 in Plat Book 10 at Page 92 as Reception No. 229822.
Terms, conditions, obligations and provisions of Agreement by and between the City of Aspen and The Aspen Ski
Lodge Condominiums as set forth in instrument recorded December 30, 1980 in Book 402 at Page 262 as
Reception No. 229824.
Terms, conditions, obligations and provisions of An Ordinance of the City Council of the City of Aspen, Colorado,
to Rezone Specific Properties from Lodge Preservation to Underlying Zoning with a Lodge Preservation Overlay,
Ordinance No. 2, Series of 1997 as set forth in instrument recorded September 3, 1997 as Reception No. 407979.
Resolution recorded December 11, 2014 as Reception No. 615952.
Ordinance No. 3-2015 recorded February 10, 2015 as Reception No. 617290.
Resolution No. 18 Series of 2015 recorded June 12, 2015 as Reception No. 620666 and re-recorded June 22,
2015 as Reception No. 620919.
Subdivision/Planned Development Agreement for Molly Gibson Lodge Planned Development and Subdivision
recorded July 21, 2016 as Reception No. 630851.
Final Plat of Molly Gibson Lodge Planned Development and Subdivision recorded July 21, 2016 in
Plat Book 115 at Page 1 as Reception No. 630849.
Development Plans recorded July 21, 2016 in Plat Book 115 at Page 3 as Reception No. 630850.
Resolution No. 008, Series of 2018 recorded January 11, 2018 as Reception No. 644363.
Any rights, easements, interests or claims that may exist by reason of or reflected by the following facts shown on
the survey dated June 28, 2016 by High Country Engineering, Inc.:
Parcel B1:
Window Well encroaches into Alley Block 59
Multi-Story Frame Building encroaches into Garmish Street ROW at Southeast corner of property
Wood Retaining Wall encroaches into Main Street ROW
Multi Story Frame Building encroaches in to Main Street ROW
Customer Parking located along Eastern boundary line
Parcel B2:
Landscaping, Brick Pavers, Stone Retaining Walls encroach onto Hopkins Street ROW
Water Lines, Gas Lines and Underground Utilities located on subject property
Roof Overhang, Concrete Pad and Concrete Sidewalk encroach into Alley Block 59
Fenceline along Western boundary does not correspond to property line.
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
PART II
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 01330-105329
CO STG ALTA Commitment Sch B II STO
Page 2 of 3 STEWART TITLE
GUARANTY COMPANY
28. Any and All Lodging Rentals, Leases and Tenancies.
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
PART II
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 01330-105329
CO STG ALTA Commitment Sch B II STO
Page 3 of 3 STEWART TITLE
GUARANTY COMPANY
DISCLOSURES
File No.: 01330-105329
Pursuant to C.R.S. 10-11-122, notice is hereby given that:
A.
B.
C.
THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT;
A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE
COUNTY TREASURER OR THE COUNTY TREASURER’S AUTHORIZED AGENT;
INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE
OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR
THE COUNTY ASSESSOR
Note: Colorado Division of Insurance Regulations 8-2-2, Section 5, Paragraph G requires that “Every title entity shall be
responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the
closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed.”
Provided that Stewart Title conducts the closing of the insured transaction and is responsible for recording the legal
documents from the transaction, exception number 5 will not appear on the Owner’s Title Policy and the Lender’s Title
Policy when issued.
Note: Affirmative Mechanic’s Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of
Schedule B, Section 2 of the Commitment from the Owner’s Policy to be issued) upon compliance with the following
conditions:
A.
B.
C.
D.
E.
The land described in Schedule A of this commitment must be a single-family residence, which includes a
condominium or townhouse unit.
No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land
described in Schedule A of this Commitment within the past 6 months.
The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic’s and
Materialmen’s Liens.
The Company must receive payment of the appropriate premium.
If there has been construction, improvements or major repairs undertaken on the property to be purchased, within
six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will
include: disclosure of certain construction information; financial information as to the seller, the builder and/or the
contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the
company; and, any additional requirements as may be necessary after an examination of the aforesaid information
by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure:
a.
b.
That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the
surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and
That such mineral estate may include the right to enter and use the property without the surface owner’s
permission.
NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN
INCLUDES AN EXCEPTION FOR SEVERED MINERALS.
Notice of Availability of a Closing Protection Letter:Pursuant to Colorado Division of Insurance Regulation 8-1-3,
Section 5, Paragraph C (11)(f), a closing protection letter is available to the consumer.
x
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE
COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED.
File No.: 01330-105329
CO Commitment Disclosure Revised 1/1/17
STG Privacy Notice
Stewart Title Companies
WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION?
Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable
state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice
carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty
Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA).
The types of personal information we collect and share depend on the product or service that you have sought through us. This
information can include social security numbers and driver's license number.
All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday
business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share
customers' personal information; the reasons that we choose to share; and whether you can limit this sharing.
.
Reasons we can share your personal information.Do we share Can you limit this sharing?
For our everyday business purposes— to process your
transactions and maintain your account. This may include running the
business and managing customer accounts, such as processing
transactions, mailing, and auditing services, and responding to court
orders and legal investigations.
Yes No
For our marketing purposes— to offer our products and services to
you.
Yes No
For joint marketing with other financial companies No We don't share
For our affiliates' everyday business purposes— information
about your transactions and experiences. Affiliates are companies
related by common ownership or control. They can be financial and
non-financial companies. Our affiliates may include companies with a
Stewart name; financial companies, such as Stewart Title Company
Yes No
For our affiliates' everyday business purposes— information
about your creditworthiness.No We don't share
For our affiliates to market to you — For your convenience,
Stewart has developed a means for you to opt out from its affiliates
marketing even though such mechanism is not legally required.
Yes Yes, send your first and last name, the email
address used in your transaction, your
Stewart file number and the Stewart office
location that is handling your transaction by
email to optout@stewart.com or fax to
1-800-335-9591.
For non-affiliates to market to you. Non-affiliates are companies
not related by common ownership or control. They can be financial
and non-financial companies.
No We don't share
We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. If you request a transaction with a
non-affiliate, such as a third party insurance company, we will disclose your personal information to that non-affiliate. [We do not control
their subsequent use of information, and suggest you refer to their privacy notices.]
SHARING PRACTICES
How often do the Stewart Title Companies notify me
about their practices?
We must notify you about our sharing practices when you request a
transaction.
How do the Stewart Title Companies protect my
personal information?
To protect your personal information from unauthorized access and use, we
use security measures that comply with federal law. These measures
include computer, file, and building safeguards.
How do the Stewart Title Companies collect my
personal information?
We collect your personal information, for example, when you
ß
ß
request insurance-related services
provide such information to us
We also collect your personal information from others, such as the real
estate agent or lender involved in your transaction, credit reporting agencies,
affiliates or other companies.
What sharing can I limit?Although federal and state law give you the right to limit sharing (e.g., opt out)
in certain instances, we do not share your personal information in those
instances.
Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company,
1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056
File No.: 01330-105329 Page 1
Revised 11-19-2013
4 September 2019
Mr. Michael Kraemer
Mr. Michael H. Brown, Manager
Haymax Lodging LLC
605 W. Main Street #2
Aspen, CO 8161 l
970-930-1754
City of Aspen Community Development Department
130 S. Galena Street, 3rd Floor
Aspen, CO 8161 l
Re: Authorization to Submit Land Use Application
Dear Mike:
This letter is to certify that I, Michael H. Brown, Manager of Haymax Lodging LLC, owner of the
property located at l 01 West Main Street, give Stan Clauson Associates, Inc., and its staff
permission to represent us in submitting a Land Use Application to the City of Aspen for Extension
of Vested Rights and Minor Amendment to Project Review for the Molly Gibson Lodge and
activities related to the submission of this application. If you should have any questions
regarding this matter, please do not hesitate to contact me.
Contact information for Stan Clauson Associates is as follows:
Stan Clauson, AICP, ASLA
Stan Clauson Associates, Inc.
412 N. Mill Street
Aspen, CO 8161 l
Tel 970-925-2323
Fax 970-920-1628
Michael\H. Brown
Manager
Haymax Lodging LLC
Attachment 6
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------
CCYARCHITECTS
MOLLY GIBSON LODGE
CD
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DATE:
06.28.19
ISSUE:
I
PROGRESS
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--
WEST TERRACE
PROJECT NUMBER:
14017
J, I , ~ L _________
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HISTORY:
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ASPEN STAMP
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Attachment 7
1
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
LOCATION: 101 W. Main Street, Molly Gibson Lodge
PROJECT: Extension of Vested Rights and Minor Amendment to Project Review
REPRESENTATIVE: Stan Clauson, stan@scaplanning.com 429-2741
PLANNER: Mike Kraemer, 970.429.2741
DATE: August 16, 2019
DESCRIPTION: The Applicant is desirous of extending the vested rights for Lots 1 and 2 of the
Molloy Gibson Lodge approvals established pursuant to Ordinance No. 3, Series 2015, and as
extended pursuant to City Council Resolution No. 008, Series 2018. Currently, vested rights for the
project expire on June 24th, 2020, unless further extended beyond this date. After the period of
vested rights, current land use regulations become applicable to the project, unless an extension is
granted.
During the pre-application conference meeting, the Applicant indicated a desire to remove the
approved onsite affordable housing unit (1 unit) located within the lodge on Lot 1 and reprogram
the interior floor plans for the project. The Applicant has represented that all other exterior
dimensions remain unchanged. Removal of the onsite unit constitutes a change and requires an
amendment review. Accordingly, pursuant to Land Use Code Section 26.304.070.A.4, Staff has
determined that the proposed removal of the onsite unit does not change the inherent nature of
the lodge project and the request will be processed as a Minor Amendment to a Project Review
Approval, subject to City Council Review. In consideration of the amendment portion of this
request, the Aspen/Pitkin Housing Authority (APCHA) will be referred on this request.
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.308 Vested Rights
26.445.110.D Minor Amendment to a Project Review Approval
Below are links to the Land Use Application form and Land Use Code for your convenience:
Land Use Application
Land Use Code
Attachment 8
2
Review by: Community Development Staff for complete application and
recommendation, City Council for decision.
Public Hearing: Yes, City Council
Planning Fees: $4,550: Deposit for up to 14 billable hours. Lesser/additional hours
will be refunded or billed at a rate of $325 per hour
Referrals: $975: Aspen/Pitkin County Housing Authority (APCHA) referral:
Total Deposit: $5,525
Please submit one copy of the following to the Community Development Office:
Completed Land Use Application and signed fee agreement.
Pre-application Conference Summary (this document).
Street address and legal description of the parcel on which development is proposed to
occur, consisting of a current (no older than 6 months) certificate from a title insurance
company, an ownership and encumbrance report, 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.
Applicant’s name, address and telephone number in a letter signed by the applicant that
states the name, address and telephone number of the representative authorized to act
on behalf of the applicant.
HOA Compliance form (Attached).
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 and relevant land use approvals associated with the
property.
An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen.
11” by 17” plans showing removal of the AH unit and reprogrammed floor plans.
If the copy is deemed complete by staff, the following items will then need to be submitted:
Total deposit for review of the application.
A digital copy of all application materials provided in pdf file format.
3
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.
STATEMENT OF AUTHORITY
(CRS 38-30-172)
1. This Statement of Authority relates to an entity named HavMax Lodging LLC.
2. The type of entity is a: limited liability company.
3. The entity is formed under the laws of the State of Delaware.
4. The mailing address for the entity is 605 W. Main St., Ste. 2, Aspen, CO 81611.
5. The name and position of each person authorized to execute instruments conveying,
encumbering, or otherwise affecting title to real property on behalf of the entity is:
Michael H. Brown, President
6. The authority of the foregoing person(s) to bind the entity is limited by the terms of the
Limited Liability Company Agreement of the entity.
7. This Statement of Authority amends and supersedes in all respects any prior Statement of
Authority executed on behalf of the entity.
Executed this \3t'day of July, 2016.
HAYMAX LODGING LLC,
a Delaware li ited liability company
By:
Michael fl. Brown, President
STATE OF
ss:
COUNTY OF I } 1 1
The foregoing instrument was acknowledged before me this Y"Y \ day of July, 2016 by Michael
H. Brown as President of HayMax Lodging LLC, a Delaware limited liability company.
Witness my hand and official seal.
My commission expires: 7�-
BARBARA J. D'AUTRECHY —N to ry Public
NOTARY PUBLIC l�l
STATE OF COLORADO
NOTARY ID % 20074042887
MY COMMISSION E%PIRES JUNE I7. 2077
RECEPTION#: 630631, 07/1312016 at
(A0085089 / I I 10:56:11 AM,
1 OF 1, R $11.00 DF $0.00 Doc Code
AUTH
Janice K. Vos Caudill, Pitkin County, CO