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HomeMy WebLinkAboutHotel Aspen_Insub Amend App 22-FEB-19Land Use Application Hotel Aspen A lodge preservation project, featuring small room lodging and free-market residential units. 21 February 2019 Location: 110 West Main Street, Aspen, CO (PID# 273512461800) An application to amend the Hotel Aspen PD originally granted via Ordinance #51, Series of 2013 and further amended through Ordinance # 1, Series of 2017 to reconfigure portions of the onsite Public Amenity space and to add roof decks to the two-story portion of the lodge closest to Main Street. Represented By: STAN CLAUSON ASSOCIATESiNC landscape architecture. planningresort design qzz North Mill Street Aspen, Colorado 8z61t t.970/926-2323 f.97o/9zoa6z8 info®scapianning.com w—scaplanning.cam TABLE OF CONTENTS ■ Project Overview and Code Response ■ Attachment 2 - Land Use Application ■ Attachment 3 - Vicinity Map & Property Description ■ Attachment 4 - Existing Conditions Survey ■ Attachment 5 - Architectural Plans & Renderings ■ Attachment 6 - Proof of Ownership ■ Attachment 7 - Homeowner Association Compliance Form ■ Attachment 8 - Letter of Authorization ■ Attachment 9 - Previous Approvals ■ Attachment 10 -Property Owners within 300' ■ Attachment 11 - Pre -Application Conference Summary Hotel Aspen (PID# 273512461800) Insubstantial Amendment Application 21 February 2019 PROJECT OVERVIEW This application is submitted on behalf of Garmisch Lodging LLC (the "Applicant") to amend the Hotel Aspen Planned Development (PD) to reconfigure portions of the onsite Public Amenity space and to add roof decks to the two-story portion of the lodge closest to Main Street. This application has been prepared in conformance with Pre -application Conference Summary dated 8 November 2018. Previous Approvals Major Development (Conceptual), Commercial Design (Conceptual), and Demolition Approval for the Property were granted by Resolution # 14, Series of 2012. Planned Unit Development, Subdivision and Rezoning Approval for the Property were granted by Ordinance #51, Series 2013. Growth Management allotments for three (3) free market residential units, the addition of nine (9) new lodge rooms, and approval to develop onsite affordable housing was approved by GMQS Resolution No. 6, Series of 2014. Major Development (Final) and Commercial Design (Final) Approval were granted by Resolution #13, Series of 2014. The Hotel Aspen PD was first amended through Ordinance #1, Series of 2017 to extend vested rights, provide for an alternative configuration of the pool, approve demolition of the portions of the lodge building closest to Main Street, increase the height of the lodge from 28 to 32 feet, and other modifications to the layout of the lodge. Vested rights are set to expire 31 July 2019. Proposed Amendments The Applicant would like to reconfigure portions of the on -site Public Amenity space to enhance functionality and accessibility to the space. HPC Resolution #14, Series of 2012 approved the required Public Amenity to be met by a combination of on -site and off -site Public Amenity. The off -site Public Amenity, consisting of pedestrian and parking enhancements on Garmisch Street adjacent to the Hotel Aspen, are not requested to be modified by this application. The on -site triangular portion of the Public Amenity space consist of 433.5 square feet. It would be replaced by an enhanced on -site Public Amenity space consisting of 524 square feet. A site plan as well as graphic representations of the enhanced Public Amenity space have been made a part of this application. The Applicant would also like to provide for roof -top decks for the lodge rooms that are located over the lobby of the hotel. The roof -top decks will be provided with code compliant railings. The roof -top decks will be generously setback from Main Street and will be minimally visible to pedestrians on both Garmisch and Main Street. The proposed amendments will not have any impact on the approved floor area for the project and all features will meet the requirements of the land use code in effect at the time of submission of the initial application which is the land use code effective from 2 May 2012 to 8 January 2013. As this application will be administratively reviewed, the Applicant understands that Vested Rights in place for the project will not be extended. Throughout the review process for the Hotel Aspen redevelopment, the applicant has worked extensively with City Staff and the various review boards to design a project that meets City goals. These include small lodge development with smaller rooms to provide more economical lodging for future generations of visitors to Aspen. These requested amendments represent minor changes to the approved development plan and are consistent with the original approvals. We look forward to working with Staff in the processing of this application. Hotel Aspen (PID# 273512461800) Page I 1 Insubstantial Amendment Application 21 February 2019 W-1ZIIMI.&WO]P]4;I*•U*1ZMP 26.412.090. Amendments. A. Insubstantial amendment. 1. Planning and Zoning Commission reviews. An insubstantial amendment to a Commercial Design Review approval originally granted by the Planning and Zoning Commission may be authorized by the Community. Development Director if: a) The change is in conformance with the Commercial, Lodging and Historic District Design Standards and Guidelines, the change represents a minimal effect on the aesthetics of the proposed development, or the change is consistent with representations made during the original review concerning potential changes of the development proposal considered appropriate by the decision- making body; and b) The change requires no other land use action requiring review by the Planning and Zoning Commission. This application will be administratively reviewed, pursuant to the Pre -application Conference Summary dated 8 November 2018. The proposed modifications are in conformance with the Commercial, Lodging, and Historic District Design Standards and Guidelines. The modifications represent a minimal effect on the proposed development and, in the case of the on -site Public Amenity, represent a significant aesthetic improvement. 2 Historic Preservation Commission reviews. An insubstantial amendment to a Commercial Design Review approval originally granted by the Historic Preservation Commission shall comply with the standards outlined in Paragraph 26.415.070.E.1., Insubstantial amendments. This Application will be administratively reviewed, pursuant to the Pre -application Conference Summary dated 8 November 2018. 3. Administrative review. The Community Development Director may approve a Commercial Design Review if it is determined that the proposed work has no adverse effect on the physical appearance or character defining features of a development. An application for administrative review may be approved if it meets the following requirements: a It is deemed that the activity is an eligible work item and meets the Commercial, Lodging, and Historic District Design Standards and Guidelines; and, b. Any modifications to the proposed work requested by the Community Development Director are agreed to by the owner/applicant. This Application will be administratively reviewed, pursuant to the Pre -application Conference Summary dated 8 November 2018. The proposed amendments to the Public Amenity space and the proposed rooftop decks will not have an adverse effect on the physical appearance or character defining features of the lodge. The proposed amendments are "eligible work items" as provided for below and meet the Commercial, Lodging, and Historic Design Standards and Guidelines in effect at the time of initial application. In the event the Community Development Director requests modifications, the Applicant will discuss any requested modifications and, if acceptable, make agreed upon modifications. Hotel Aspen (PID# 273512461800) Page 1 2 Insubstantial Amendment Application 21 February 2019 The following work shall be considered an eligible work item for an administrative review approval: a. Replacement or repair of architectural features which creates no change to the exterior physical appearance of the building or structure. Not applicable. b. Installation of awnings or similar attachments provided no significant feature is damaged, removed, or obscured by the installation and that do not reduce or enclose approved Pedestrian Amenity space. The installation of the roof top decks and related railing will not damage, obscure, or reduce the approved Public Amenity space. The reconfiguration of the Public Amenity space will meet and exceed the area requirements as originally approved. c. Mechanical equipment or accessory features that have no impact on the character defining features of the building or structure, and that meet the requirements of Section 26.435.050, if applicable. Not applicable. d. Alterations to no more than two (2) elements of a street -facing facades. Not applicable. e. Installation of site improvements, such as fences, wallovays, patios, or similar features that do not reduce or cover approved Pedestrian Amenity space. The reconfiguration of the Public Amenity space will comply with the area requirements as originally approved. Site improvements will not reduce or cover the Public Amenity Space and will, in fact, improve the Public Amenity space by enhancing connectivity and visual interest. 26.445.110. Amendments. Amendments to an approved Project Review or to an approved Detailed Review shall be reviewed according to the standards and procedures outline below. Amendments to Planned Unit Development and Specially Planned Area approvals (pre -Ordinance 36, 2013, approvals) shall also proceed according to the standards and procedures outline below and the Community Development Director shall determine the type of procedure most- applicable to the requested amendment. A. Insubstantial Amendments. An insubstantial amendment to an approved Project Review or an approved Detailed Review may be authorized by the Community Development Director. An insubstantial amendment shall meet the following criteria: 1. The request does not change the use or character of the development. The proposed reconfiguration of the Public Amenity space and the addition of roof top decks on the portion of the lodge closest to Main Street will not change the use or character of the Planned Development. 2 The request is consistent with the conditions and representations in the project's original approval, or otherwise represents an insubstantial change. Hotel Aspen (PID# 273512461800) Page 1 3 Insubstantial Amendment Application 21 February 2019 The proposed reconfiguration of the Public Amenity space and the addition of roof top decks on the portion of the lodge closest to Main Street is consistent with the conditions and representations in the project's original approval and represents an insubstantial change. The proposed modifications have been extensively reviewed with Community Development staff. 3 The request does not require granting a variation from the project's allowed use(s) and does not request an increase in the allowed height or floor area. The proposed reconfiguration of the Public Amenity space and the addition of roof top decks on the portion of the lodge closest to Main Street does not require granting a variation from the Planned Development's allowed uses and does not require an increase in the allowed height or floor area previously approved for the project. 4 Any proposed changes to the approved dimensional requirements are limited to a technical nature, respond to a design parameter that could not have been foreseen during the Project Review approval, are within dimensional tolerances stated in the Project Review, or otherwise represents an insubstantial change. The proposed reconfiguration of the Public Amenity space and the addition of roof top decks on the portion of the lodge closest to Main Street do not require modifications to the dimensional requirements previously approved for the project. 5. An applicant may not apply for Detailed Review if an amendment is pending. Not applicable. The Applicant will not be applying for Detailed Review. Hotel Aspen (PID# 273512461800) Page 1 4 Insubstantial Amendment Application 21 February 2019 Attachment 2 LAND USE APPLICATION Project Name and Address: Hotel Aspen, 1 10 West Main Street, Aspen, CO Parcel ID # (REQUIRED) 273512461800 APPLICANT: Name: Garmisch Lodging LLC Address: 605 West Main Street, Ste. 2, Aspen, CO 81611 Phone #: 970-930-1754 email: michael@haymax.com REPRESENTIVATIVE: Name: Stan Clauson Associates, Inc., Patrick Rawley, AICP Address: 412 North Mill Street, Aspen, CO 81611 Phone#: 970-925-2323 email: Patrick@scaplanning.com Description: Existing and Proposed Conditions This is an application to amend the Hotel Aspen PD originally granted via Ordinance #51, Series of 2013 and further amended through Ordinance # 1, Series of 2017 to reconfigure portions of the onsite Public Amenity space and to add roof decks to the two-story portion of the lodge closest to Main Street. Review: Administrative or Board Review Administrative Required Land Use Review(s): Insubstantial Amendment, Commercial Design Review Growth Management Quota System (GMQS) required fields: Net Leasable square footage n/a Lodge Pillows n/a Free Market dwelling units n/a Affordable Housing dwelling units n/a Essential Public Facility square footage n/a Have you included the following? FEES DUE: $ 650.00 ® Pre -Application Conference Summary ® Signed Fee Agreement ® HOA Compliance form ® All items listed in checklist on PreApplication Conference Summary November 2017 City of Aspen 1 130 S. Galena St. 1 (970) 920 5090 Attachment 3 Hotel Aspen Vicinity Aft a A& wiaa—* t AIR = � ` gy p �= 1W �1 _ . _fir � - �. • N � � 1 �...�� _•.��, '� 13 o.OD.005 0.01 Miles Subject Property Hotel Aspen (PIN 273512461800) Insubstantial Amendment Application Parcel Detail Page 1 of 2 Pitkin County Assessor Parcel DetaR I[aformation Assessor Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Tax Search Search GIS Map I GIS Help Basic Building Characteristics I Value Summary Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photographs Tax Account Parcel 2118 Mill PropertyT e yP Area Number Number Levy :0011 R011622 273512461103 COMMERCIAL 36.047 Primary Owner Name and Address GARMISCH LODGING LLC 110 W MAIN ST ASPEN, CO 81611 Additional Owner Detail Legal Description F Subdivision: HOTEL ASPEN Unit: 103 Location Physical Address: 110 W MAIN ST ASPEN Subdivision: HOTEL ASPEN Land Acres: Land Sq Ft: 110 2018 Property Value Summary Actual Value Assessed Value http://www.pitl-.inassessor.org/assessor/Parcel.asp?AccountNumber=R011622 2/ 14/2019 Parcel Detail Page 2 of 2 Land: Oil 01 Improvements: 262,700 76,180 Total:F 262,700]1 76,180 Sale Date: 6/29/2000 Sale Price: 116,000 Additional Sales Detail Basic BuRding Chavacteristics Number of Residential 1 Buildings: Number of Comm/Ind 0 Buildings: Residential Building Occurrence 0 Characteristics TOTAL LIVING AREA: 375 Total Heated Area: 11375 Actual Year Built: 1972 Bedrooms: 1 Baths: 1 Finish Quality: TYPICAL/AVG Location Rating: I TYP LOC Neighborhood: 301103 Super Nbad: 3011 Top of Page Assessor Database Search Options Assessor Home Page Pitkin County Home Page The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. Copyright © 2003 - 2019 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. littp://www.piticinassessor.org/assessor/Parcel.asp?AccountNumber=RO11622 2/14/2019 Attachment 4 NOTES 1) DATE OF FIELD WORK: MAY 6-10, 2010. UPDATED OCTOBER 16, 2012. UPDATED (UNDERGROUND UTILITIES) FEBRUARY 28, 2013. UPDATED DECEMBER 10, 11 & 19, 2014. JANUARY 08, 2015. UPDATED (OFF-SffE TOPO & UTILITIES) JULY, AUGUST AND OCTOBER 2017. UPDATED (POTHOLE LOCATIONS & UTILITIES) OCTOBER 2018. 2) DATE OF PREPARATION: MAY 2010. UPDATED OCTOBER 2012. UPDATED (UNDERGROUND UTILITIES) MARCH 2O13. UPDATED DECEMBER, 2014, FEBRUARY, 2015 UPDATED AUGUST 2017 UPDATED FEBRUARY 2019 3) BASIS OF BEARING: BEARINGS ARE BASED ON THE 2009 MARCIN ENGINEERING-CTIY OF ASPEN CONTROL MAP, YIELDING A SITE BEARING OF N 74-15.43" W FROM THE SOUTHEAST CORNER OF THE PROPERTY, MONUMENTED BY AN"X" FOUND IN CONCRETE AND THE SOUTHWEST CORNER CORNER OF THE PROPERTY, MONUMENTED BY A FOUND TRFCO REBAR AND CAP, LS, 9184. 4) BASISOFSURVEY: THE PLAT OF HOTEL ASPEN, ACCORDING TO CONDOMINIUM MAP THEREOF RECORDED FEBRUARY 28,1985IN PLAT BOOK 17 AT PAGE 1 AS RECEPTION NO. 266353 AND AMENDMENT THERETO RECORDED APRIL 21,1989 IN PLAT BOOK 22 AT PAGE 36 AS RECEPTION NO.3-94, VARIOUS DOCUMENTS OF RECORD, AND THE FOUND MONUMENTS, AS SHOWN. 5) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING, LLC(SE)TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING EASEMENTS, RIGHTS OF WAY AND/ORTNLE OF RECORD, SE RELIED UPON THE ABOVE SAID PLATS DESCRIBED IN NOTE 4, AND THE TITLE COMMITMENT PREPARED BY STEWARTTfFLE OF COLORADO INC.-ASPEN DIVISION, FILE NUMBER 01330-14101, EFFECTIVE DATE OF JULY 25, 2017. 6) BASIS OF ELEVATION: THE 2009 CITY OF ASPEN MARCIN CONTROL DATUM, WHICH IS BASED ON AN ELEVATION OF 7720.88' (NAVD 1988) ON THE NGS STATION'S-159". THIS ESTABLISHED ANON SITE BENCHMARK ELEVATION OF 7893.7' ON THE SOUTHWEST CORNER, AS SHOWN, 7) CONTOUR INTERVAL ONE (1) FOOT. 8) ADDRESS: 110 MAIN STREET FLOOD PLAIN INFORMATION Per FEMA-Firm Panel 0809700203C, Effective Date June 4, 19B7, this project is located within Zone X, Indicating areas determined to he outside of the 500 yr. Rood plain. SHEETINDEX 1) CERTIFICATES -EXTERIOR BOUNDARY, BUILDING DIMENSIONS, EASEMENTS 2) SOUTH VIEW -EXISTING CONDITIONS-TOPOPGRAPHY 3) NORTH VIEW -EXISTING CONDITIONS -TOPOGRAPHY PITKIN COUNTY PARCEL No. 2735-124-61-800 NATURAL HAZARDS THERE ARE NO NATURAL HAZARDS SHOWN FOR THE SUBJECT PROPERTY, ACCORDING TO FIGURE ES-5 OF THE CITY OF ASPEN 2001 SURFACE DRAINAGE MASTER PLAN. GRAPHIC SCALE o a (IN FEET) E inch= 20 N. U.S. SURVEY FEET GENERAL UTIUTY NOTE: 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 CONTRACTORTO CONTACTALL UTILITY COMPANIES FOR FIELD LOCATION OF UTILITIES PRIOR TO CONSTRUCTION. IMPROVEMENT SURVEY PLAT HOTEL ASPEN -A CONDOMINIUM E% of LOT 0, A PORTION OF LOT F AND ALL OF LOTS G, H, I, P, 0, R and S, BLOCK 58 CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. (As shown on the Plat Filed as "Condominium Map of -THE HOTEL ASPEN -A CONDOMINIUM" -Plat Book 17-Page 1) • 1 IMCIN gal; i►1401Nic: CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 70) 704-0311 SOPRISENG@SOPRISENG.COM Sl U,: 1"=SW' PROPERTY DESCRIPTION UNITS 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 114, 115, 116, 117, 118, 119, 120, 121, 122, UNITS 201, 202, 203, 204 THROUGH 211 INCLUSIVE, 215 THROUGH 223 INCLUSIVE, 315 THROUGH 318 INCLUSIVE AND 323 HOTEL ASPEN ACCORDING TO CONDOMINIUM MAP THEREOF RECORDED FEBRUARY 28, 1985 IN PLAT BOOK 17 AT PAGE 1 AS RECEPTION NO. 266353 AND AMENDMENT THERETO RECORDED APRIL 21, 1989 IN PLAT BOOK 22 AT PAGE 36 AS RECEPTION NO.310794 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR HOTEL ASPEN, A CONDOMINIUM RECORDED FEBRUARY 28,1985 IN BOOK 482 AT PAGE 43 AS RECEPTION NO. 266352 AND AMENDMENTTO THE CONDOMINIUM DECLARATION FOR HOTEL ASPEN, A CONDOMINIUM RECORDED MARCH 4,1985 IN BOOK 482 AT PAGE 134 AS RECEPTION NO.266385 AND SECOND AMENDMENT TO THE CONDOMINIUM DECLARATION FOR HOTELASPEN, A CONDOMINIUM RECORDED APRIL 21, 1989IN BOOK 590 AT PAGE 457 AS RECEPTION NO.310796. COUNTY OF PITKIN STATEOFCOLORADO SOURCE DOCUMENTS: • PLAT-HOTELASPEN-A CONDOMINIUM, PLAT BOOK 17, PAGE 1-2. • PLAT- AMENDED PLAT OFTHE HOTELASPEN-A CONDOMINIUM PLAT BOOK 22, PAGE 36-37. • DOCUMENT -NUGGET ALLEY RELOCATION, RECEPTION N. 265483. • DOCUMENT -ORDINANCE No. 51(Series 2013)RECEPTION No. 609903 FOR DIMENSIONAL REQUIREMENTS. ALL OF THE PITKIN COUNTY, COLORADO RECORDS. SURVEYOR'S CERTIFICATE I HEREBY STATE THATTHIS IMPROVEMENT SURVEY PLAT WAS PREPARED BY 50PRIS ENGINEERING, LLC (SE) FOR GARMISCH LODGING, LLC, A COLORADO LIMITED LIABILITY COMPANY AND STEWART TITLE -ASPEN. I FURTHERMORE STATE THATTHE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE, OCTOBER 19, 2018, EXCEPT UTILITY CONNECTIONS ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL EXCEPT AS SHOWN, THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED PREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES, EXCEPT AS INDICATED, AND THATTHERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PART OFSAID PARCEL, EXCEPT AS NOTED. I FURTHERMORE STATE THAT THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICFIONS, COVENANTS AND EASEMENTS OF RECORD OR IN PLACE. THE CONTROL PRECISION IS GREATER THAN 1 IN 15,000. �E00 REC7S,T o0;•'S. Bf '•. F9 MAECK ERt �,L 43 7�24 LAN05 TREE TABLE (Caliper & Dripline Width) TRD = Deciduous PDA(K) TRP = Conifer TREE NUMBER DRIPLINE (FT.) TYPE 1 13.8 26 TRD 2 9.9 22 TRD 3 11.6 25 TRD 4 11.45 25 TRD 5 4 12 TRD x2Trees 6 15.2 30 TRP 8 8 12 TRD 9 28 TRP 10 10 TRD 11 14 TRP 12 F7.2 12 TRD 13 14 TRP 14 10 TRD 15 12 TRD 17 6.6 10 TRP 18 6.9 12 TRD 19 6.9 12 TRD 20 6.9 13 TRD 21 6.5 12 TRD 22 8.2 14 TRP 23 22.5 35 TRD 47 16.8 20 TRP 48 11A 18 TRP 49 11.3 16 TRP SD 3.9 8 TRD 51 2.5 5 TRD 52 3 6 TRD x2Trees 53 2.8 6 TRD 54 2 8 TRDx3Trees 55 2.4 10 TRDx4Trees 56 3.4 6 TRD 57 3.1 8 1TRD 58 3.7 8 TRD 59 2.7 5 TRD 60 3.9 10 TRD IMPROVEMENT SURVEY PLAT HOTEL ASPEN -A CONDOMINIUM EYz of LOT 0, A PORTION OF LOT F AND ALL OF LOTS G, H, I, P, Q, R and S, BLOCK 58 CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. (As shown on the Plat Filed as "Condominium Map of -THE HOTEL ASPEN -A CONDOMINIUM" -Plat Book 17-Page 1) SHEET 2 OF 3 SOUTH VIEW �� sa vsaza sz+'ts�+aE GRAVEL �J( // RI89£ \4ir• 7` \fRJ �L 1pz' \ EofiEOFATPHALT� „� L••` e�Sq R -e'�� � of \� n .a��REo tt S74'15'43^E 4 f - °7 4 22.94' �?l ` \ ..'.°� - # TaA'r°!Nb ry \'�Lsr 48 zz GRAPHIC SCALE £ET3IT W.0 / �/ FwsnctnPzao -saz•� . -` �4, .0 .- .. L£ A286a3 \ \ `•4 0 Es. � cqy . uT�sa � (IN FEET) linch= loft. No0.5 W TWO STORY a �s9s7 qno WOOD FRAME r o nv +fv 4171 HOTEC oVEnxaNc furl 'u1Ez]maEo ras m+„r351 za9oe• zd9Fz d Ex>ssa. " \ 8 TWOSTORY Ex>ans9W WOOD FRAME 52 "ntELEq act• >esyA, HOTEL e e J FExcE �' aPF x . e 3 Eca7asa.s,r / (•• r c°xEA c�ENlrrnEoe n/ e. \�Aryo f SAN RIM=]893.63' GATE "' .j y4 53 / Wv.rN )tar CA9i 1ROM=78T SLOY3' )89a.9'X6? - ]. s54 / / VIY. (W)30`WTIRolP=7887.)9' @1,7! n ah w TYP % (L 789438'. Ex7a93.E0 �: IXl GE Egy�W Sa8• / q' \ � 1� Ey 68�.69 e < � e ; a ra4063. FS]896 ° °,K � e. - "F .- nl ALSERERiirYP.:4 ° �e[1894.65 1 6L5• °. e W 56 /J ECr $ a ] S �oezaws9 2 " y.. ° SURPORi `/' y' £TGRAGE uh aEAfRS '/ _ 11- °'CIXUM / TREE DISCLAIMER IX"s}ysz]s FF E%]asi 3 °' �-T5 63 Ex]ss+ra 19� 6`ORNN f l EKI�d 93 eoAROFENEE(rrP.) ocraw � �J�•/ SoPRLS ENGINEERING PERSONNELARE NOTTRAINEOARBORISTSORLANDSCAPE 22 ', _ - EL=7494•'"< e l PROFESSIONALS. THE TREE INFORMATION SHOWN HEREON WAS FIELD SURVEYED BY:, 50PIRS ENGINEERING, IN MAY 2010 AND OCTOBER 2012, TO THE BEST OF OUR ABILQYAS PART OFTHE PROJECTS SCOPE. DATA WAS ACQUIRED PER PROCEDURES aft-nOO( \ f ' rue `^�, .1t' - "�uom4.aESe. au r. r, 7 OUTLINED IN CRY OFASPEN ENGINEERING DEPARTMENTS SUBMIRAL caumry (r%1 o < \ TWOSTORY CHECKUST. 1 \� P -cT ¢ all, S _ p,� WOOD FRAME HOTEL FOUNOREB MIP 20 15"6. ,a l At ]mfJT'- L !M)�a FLOOD PLAIN INFORMATION 'co SIIE6ENNMrIRK \I \ _ _ \\\ a Er' 1 C. EtEY=7893.7' P FEMA FI P 108097CO203C th' j t' I t d 'thI Zoe 19 A - r S6- zNd •iT70 er - rm one is pro ec Is oca a wi n n °{., X, indicating areas determined to be outside ofthe 500 yr. Rood plain. 1 ]"..:� _ 0 58 1 1V-. 9`DAAN q S �9a8 FENCE / dd d 2�RNG 18�--1IXT 9a �� EC a GR4fSg7, 8. � a1a�1 %f e 'aOEtYA[Y 7� 9 Ez]aw 3 i' `� :° Ein44sld Q Ta91.3r EXISTING CONDITIONS LEGEND D4\ L=19.zs1 II v SIGN 'aE\ vaaaso \ `• RIVER aoor rANnt IX°�4- .3 .ae t t LIGHT POLE 'xi d - - ° \ NIMNcr ^ FF /' u:Te91.s vt,°� 59 3l = M M TELEPHONE PEDESTAL \axE d. 4 © fATV PEDESTAL iu 4 osa35T e, ss �`.w 734 c s'\7'A 4�Ec♦ X "I. �°, azTe93sa o jg �y 'rb9a \�ft3 W (/oNCAEIE IXrd93$l �4 ps SEWER MANHOLE \`m 3� smEEr 1,45%S�F - \ 3.6'.IueeoNNRa 7 Yi CURBSTOP raNCRETE UGH rAossPaN "t $ R//�/G� (74 WATER VALVE m \^ �- Q7A7 Er Teri cs WATER HYDRANT m 2 om3. °r'o'TTER EKTa,,`] ® ELECTRIC MANHOLE/VAULT 60 R ® STORM MANHOLE CURB INLET ry` \ 3'ua. slam Grate 'Exm93b C'qy m7m 'water 0 nxy Po eratioet=7891.63'as ?893]2 rop N. .re 898.16, Inv.!=]891.1alK a' Ex.Ta94D9 . VALLEY INLET \� nx �=7S9113' ga33£9 � ° Founa `#. Exrma Ex]a9390 ---nn�ay.r _--.>n ry`--.°s„w-- - EJUBNIGIRDERGRIX/tATELEFHOt:E WT A •wco(fmETE EXIsntIGGEN /174'N TR6 EXISTRA3 W-RGU li_ec 'k4sf 5L MSiIG WAWY EWE3i N , Ez Tas3� I -.tee-.m-vu- FJIISTR.G GAS sty=- EXISTINGSTORMSEWER GENERAL UTILITY NOTE: The locations of underground utilities have been plotted based an 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 ofthe contractor to contact all utility companies for field location of utilities prior to construction. HaIKF: ACCaaWHGTO GHOMon IAW TOU MUST [OMFfEn¢ A --In uvoR anoErEcrWT�wR7Er wrtxwmaEErEiu � MERY W -ono.c. sWi IREECT. W tW EVEM-1 PNYACnaN BED-MEA¢a MOaETARNM ErTwxsAoxx RtaEOR. SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 70) 704-0311 SOPRISENG@SOPRISENG.COM M 'Storm M,N eand Curti IMet -TypeR MaMro:e Run Ell. ff n=7893.96 mr. m a°Aa=7esasr Inv, to I9' RCP = 78883B' Q-P00•REGt`QJ �70NYALANOSJ? TREE TABLE (Caliper & Dripline Width) TRD = Deciduous Tree TRP = Conifer Tree TREE NUMBER DIA.(IN.) DRIPLINE(FT.) TYPE 24 8.2 1 20 TRD 25 7.3 15 TRP 26 8.1 12 TRP 27 7.3 12 TRD 28 12.1 15 TRD 29 7.3 6 TRD 30 14.5 30 - TRP 31 2 3.5 TRD 33 3 6 TRD 36 3.3 7 TRD 37 31.4 40 TRP 38 2.6 6 TRD 39 2.6 8 TRD 40 2.7 10 TRD 41 3.8 8 TRD 42 3.8 6 TRD 44 3.7 7 TRD 45 3 6 TRD 46 3.8 7 TRD 47 16.8 20 TRP 48 11.4 18 TRP 49 11.3 16 TRP 50 3.9 8 TRD 51 2.5 5 TRD 61 4.1 10 TRD x2Trees 62 2.5 8 TRD x2Trees 63 3.7 7 TRD x2Trees 64 4 7 TRD x 2 Trees 65 2.8 6 TRD x 2 Trees 66 2.8 7 TRDx2Trees TREE DISCLAIMER SOPRIS ENGINEERING PERSONNEL ARE NOT TRAINED ARBORISTS OR LANDSCAPE PROFESSIONALS. THE TREE INFORMATION SHOWN HEREON WAS FIELD SURVEYED BY SOPRIS ENGINEERING, IN MAY 2010 AND OCTOBER 2012, TO THE BEST OF OUR ABILITY AS PART OFTHE PROJECTSSCOPE. DATA WAS ACQUIRED PER PROCEDURES OUTLINED IN THE CITY OF ASPEN ENGINEERING DEPARTMENTS SUBMITTAL CHECKUST. FLOOD PLAIN INFORMATION Per FEMA-Firm Panel 08097CO203C this project Is located within Zone X, indicating areas determined to be outside of the 500 yr. flood plain. EXISTING CONDITIONS LEGEND SIGN # LIGHT POLE qt%gF[Ey' m TELEPHONE PEDESTAL \ a CAN PEDESTAL -� Os SEWER MANHOLE LIX:EOFA9%IALr� lY CURBSTOP \ DQ WATERVALVE \ WATER HYDRANTss 574°1 ® ELECTRIC MANHOLE/VAULT 22.94 22.94' ® DRYWELL CURB INLET em .n -.n EXISnNG CABLEN -.u-.0 ,r FXIGnNG UTAERGROl1tATElERgNE -�. _' -," - Exlsntx; IxroEACRowto EtECTwc 6 m ,..-m-EItISnl.G WATER MAIN 0.5U ro-a .0 MSTING SANTARY SEKER MAIN EXISTIM.AS Ewsnr+G sroRxs srwER F /% 4 GENERAL UTILITY NOTE: 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 dithe contractor to contact all utility companies for field location of utilities prior to construction. F.croewoumouWY u UsreoR+e.•1cna Nff t acTweieaED arf oEFFOwTmswRYFr wrtRUI iHREF,FAR6 ARFRY W itRST DiscOVFd SUG1 DEFECT. R, Iro EYEm R•.AY".1.1111111 11 T Eo IMPROVEMENT SURVEY PLAT HOTEL ASPEN -A CONDOMINIUM EY2 of LOT O, A PORTION OF LOT F AND ALL OF LOTS G, H, I, P, Q, R and S, BLOCK 58 CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. (As shown on the Plat Filed as "Condominium Map of -THE HOTEL ASPEN -A CONDOMINIUM" -Plat Book 17-Page 1) / SHEET 3 OF 3 ! r RDtET. ]adA.t>• NORTH VIEW S M 51 /Met=]892J]' v.0u1=7850.39' / s � E I row. a / •�Fx)aa36s � / rx)dsu \ � \^'T _art 11 D.89REitARBPIASTI / 31 � EC)d9f 28M3 / � \ \ +nt +Ir I � zl lavrgssl � \ ` \ � Eo6EOFUPAatrR,P) � ,g_� \ H nr 'ar caTE „t \ / ! 33 car aE EeuAA W+te w \ 1n 3 dC]69r.61 MO EUTrER t ropxUCE=]asR9s' T `+ri S !)®3at \ \ •WIIerVake /L� osZAE _ cfr✓° cE�r+vso � .� /l 1 ]\ \ �ixadscov • .. 5 rx].as� ^a n`.eFZLsi.3 .4 ^F IRON / IX,n9,1] )e9i.)s I°\ �fS)89°.br 6x F / •Storm MH / rcua _ '�>BgaVry\-�ccra9cty f ` 2]893.E0 Aim "erGan=]893.36' O / EREG q\u�� ry lnv. fn 36'RCP=]88t.60' 37 "'^x93\ FOUNn REAAR y¢ .7 //n mr.Mu'PVC=]1A).Aa �EC]D94.td AN°GiP 130113 `ytnv.Mt36'Rcr=]881 ' -11 FERCEOATE / \ \ e rX:Rei81 Inv.'1ni2=]890.6d \ --EJCr89119 [�UMj. ti ]894st '>d94.48 \ \ o W 41 •`' .nitro.. TTTTddd�9��B--1��!SS�BBB��---111 ' o a 29 # r°A'U+E]g irxod9F9t ¢ < � ° �IosrnPE 143 = " F 65 n oom`1. 64 o / 8:� gR o a 66 # g re)aaF..r �InETEa.CLA' tx d41 )3 /mac" 63 cc)�1.6r ]a9r 1r, srEP '3' 38 0 4 a 39 +L)d.1 a ! /4-srancrwnLEVEa 62 3 3 -* 9g gcna �10 27vnoOWfYE LAELOW t.(i,� FF w1/ ��.[, d. C°NCAEFE Ex)d9ad3 Y'IX . O C N MOSONCVRA iX�3s1 25-.Aw6 PP.1 ///h 0 IO h �, ix>d9t66. ac) I S / STEP AT. �r 25 �, u x o x e 'o I ! carcAErE vs9f 6] =aY sns m THREE STORY e o FF 9sz ( Lu YALiEYP 4 WOOD FRAME 2 x °q X]gy8j THREESTORY ;T e 44 / vy r.us HOTEL ° 3 ,i WOOD FRAME FENCE TE /_ ! 3 o W/BASEMENT > S•$ '�° HOTEL .�i l 1 '' 3 O 6 a vS N 42 / t%t l VAllEYPAN �V nass�4 as'a.15:�rx, : l .Iv -�•cr- FF - N WA[ .. (� 3., .1 C �d96. r 891.2,r AF/O0E 7895.z K Ex�Jd41 45 gZ � g,yt J/ DRIVEWAY SIFP 2MOrORY 'y, T xy n9 {i 'i ry 0Ri '.._ Y78ytz rMnLEVEA \ J `a RFi ! ARICIZPAYFHSr �,Il 4 FF ti T 4,, q 5 sErao wc� \ /`S R< # °IAK BGz'c°nir .AFL \ 48 46/' ISNEW PLS®286t3 2g01.o° SgT /C� 1 GRAPHIC SCALE 30 10 TWOSTORY ] \ Pq)° ` 'Fx 4 a• - fi(IN FEET) / WOOD FRAME ° \: z \ ! $ \ rl,. +H 4( l inch = 10 ft. HOTEL e' y \ °qn Lt)ear� )� a eaae -a ooVEAtwdO(rrv) 51 -.0'aEG'rF BSI .R1891.. R]d9i69 Qi \ O ]• S. TWO STORY C7 Cc_''� 0 -• / m `�� "8 F` SOPRIS ENGINEERING - LLC COW [fHTERFD CIVIL CONSULTANTS70Nq LANOSJ� 502 MAIN STREET, SUITE A3 CARBONDALE,COLORADO 81623 (970) 704-0311 SOPRISENG@SOPRISENG.COM Attachment 5 STAN CLAUSON ASSOCIATES INC landscape architecture. planning. resort design I: LANDSCAPE ARCHITECTURE + URBAN DESIGN ACETO LANDSCAPE ARCHITECTS 1 428 FORE STREET. PORTLAND . ME 04101 INSUBSTANTIAL AMMENDMENT RECONFIGURATION OF ONSITE PUBLIC AMENITY SPACE 19 FEBRUARY 2019 Ad E-3 _7SI"NGLE FA ILY UNIT WR D' JiG F'N 10' 0 Of --CPiO,RTY AR 0 SINGLE FAMILY IT ODE 01, "1 1 j . . . . . . . 7u L i SINGLE FA ILY UNIT r 0 5 10 20 N. GARMISH STREET ja (DFFSITE ENHANCEMENTS UNCHANGED) E 1 TY ;S I Df W ALK ADA ACCESS. rr m fn n r M E X1, TA MA I R MA I W GMIRRIMM rl I ENTRY TERRACE F z - — — all �� I PUBLIC AMENITY SPACE A SLIGHTLY RAISED TERRACE SUBTLY SEPARATED FROM THE STREET IS BOTH WELCOMING AND CREATES A VISUAL FOIL FROM THE BUSY MAIN STREET WITHOUT CLOSING OFF THE SPACE HOTEL ASPEN - MIN ENTRY VIEW GARMISCH ALLEE - STREETSCAPE A DOUBLE ROW OR 'ALLEE' OF DECIDUOUS TREE CREATES A CORRIDOR EXPERINCE AND SENSE OF SUBTLE SEPARATION BETWEEN THE GUEST ROOMS (PRIVATE REALM) AND STREETSCAPE (PUBLIC REALM) -P. Ff ��I y ,L• +• ,.�, 1 � � � s i I& L pow 1 L - TV i r J WPM y a w ��Wd GARMISCH STREET (OFFSITE ENHANCEMENTS UNCHANGED) GRANITE ERRATICS - ENTRY FEATURE SIGNATURE ENTRY FEATURE ROUGH -QUARRIED, SPLIT GRANITE SLAB IS UNEXPECTED GESTURE CREATING A SENSE OF ARRIVAL AND MEMORABLE SIGNATURE ELEMENT STAN CLAUSON ASSOCIATES INC • \l Inn dsca pe art 1, it e c I u re. p lann i n g.res or I design LANDSCAPE ARCHITECTURE + URBAN DESIGN ACETO LANDSCAPE ARCHITECTS 1 428 FORE STREET. PORTLAND . ME 04101 P r v •4. HOTEL ASPEN - MAIN STREET VIEW PUBLIC AMENITY SPACE PROVIDES OPPORTUNITY FOR SEATING AND POTENTIAL AMENITY TO PUBLIC REALM Ake T,jv f'Av, t 17, �• Ir , �. ; � ' 1x ., sit i� �[ ti, �;� r 3 � c�� , 1 T...1.LL.�C _ 1 - '�1 '.�i�lll � M YS ��.! H o �S a ~�, i♦7 +L �-c- Y�� t�� f, ,t � '' 1'1 % hs t i1 s�-1�1� '�"�'�� "{', q` •,7,t. '� �j, �•T '. 'Y .et-v. ♦.~ tl�.. !% � • _ 1 r �' ���. ,� / { �, � :'e2. - - - _.. y�..;�Y f,lyT1{,. t+':. A �r�.-'3J �►�1,j''�S 11 �:.. ��,+s• s� :c �' r 7 STAN CLAUSON ASSOCIATES In landscape architecture. planning. resort design LANDSCAPE ARCHITECTURE + URBAN DESIGN ACETO LANDSCAPE ARCHITECTS 1 428 FORE STREET. PORTLAND . ME 04101 BLACK SIDING HORIZONTAL BRICK L"I fele7l-39ri) k LOCAL STONE STAN CLAUSON ASSOCIATES INC landscape architecture. planning. resort design i LANDSCAPE ARCHITECTURE + URBAN DESIGN ACETO LANDSCAPE ARCHITECTS 1 428 FORE STREET. PORTLAND . ME 04101 31'A 3$ TOB MMEKOH 1 OcfA _ 33O'cf 1. H1-21'PAFAPET NA%HEIGHT LINE A TOS STHLICT OHI l3 FAflAFEi A 123•L 1[Y• F O1H� 1• C 012P-0' OI LO-L1' IcaHI L2 llvr` e t11 LOP-1• OS LIXICO tLl lar-0• TOS 12' CONCONIBIA _ bd-9 Y 4 VIEW OF L3 BALCONIES FROM ABOVE SECTION THROUGH PARAPET H1 -EXTERIOR ELEVATION -EAST L SCALE Y36'=1'-0' At 3 N1 9 - z � � iPY SCPEEN BETINiO � APHFET CAP I I 3L=512' - --- -- - -- --- -. --- - ,� _ i---- I I El I poss ARCHLfECNRE + PLANNING I I" is 02.20.19 INSUOSTANML AMENDMENT HOTEL ASPEN PARAPET AT GREEN ROOF Al Attachment 6 stewart titie Stewart Title - Aspen 620 East Hopkins Avenue View your transaction progress 24/7 via SureClose. Aspen, CO 81611 Ask us about your login today! Date: November 29, 2018 File Number: 01330-14101-Amended No. C5 Buyer: Garmisch Lodging, LLC, a Colorado Limited Liability Company Seller: Property: 110 West Main Street, Commercial Unit all, Aspen, CO 81611 Please direct all Title inquiries to: Kurt Beereboom Email Address: kurt.beereboom@stewart.com Stan Clauson Associates Inc 412NMill St Aspen, CO 81611 Attn: Patrick S Rawley Phone: (970) 925-2323 Fax: (970) 920-1628 Email Address: Patrick@scaplanning.com Additional Contact: Phone: Fax: E-mail Address: Delivery Method: Emailed We Appreciate Your Business and Look Forward to Serving You in the Future. ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by stewart title guaranty company STEWART TITLE GUARANTY COMPANY, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: rNIX0,11110 / Dili �ar. Stewart Title - Aspen 620 East Hopkins Avenue Aspen, CO 81611 (970) 925-3577 r-stewart title guaranty company o"oa4'P9y�x 1 9 0 t3 TaxnS Senior Chairman of t e Board *Cha�irma'nof the Board ;i i/ram /F110- Copyright 2006-2009 American Land Title Association. All rights reserved. Tr The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. tec„i,r„ All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 01330-14101 Page 1 of 2 stewart 004-U N ALTA Commitment (6/17/06) �tittre g... WAY co,,Jrany 7� V 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. 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 of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< http://wwwalta.oroh. tewart #itle guaranty company All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Copyright 2006-2009 American Land Title Association. All rights reserved. ,Nr The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. 1Ati11111i It All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 01330-14101 Page 2 of 2 � 004-UN ALTA Commitment (6/17/06) ��C' V�wy COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No.: 01330-14101-Amended No. C5 1. Effective Date: November 27, 2018 at C5 2. Policy or Policies to be issued: Amount of Insurance (a) A. L.T.A. Owner's Proposed Insured: (b) A.L.T.A. Mortgagee's 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: Garmisch Lodging, LLC, a Colorado Limited Liability Company 5. The land referred to in this Commitment is described as follows: Units 100, 101, 102, 103, 104 105, 106, 107, 108, 109, 110, 111, 112, 114, 115, 116, 117, 118, 119, 120, 121, 122, Units 201, 202, 203, 204 through 211 inclusive, 215 through 223 inclusive, 315 through 318 inclusive and 323, HOTELASPEN, according to Condominium Map thereof recorded February 28, 1985 in Plat Book 17 at Page 1 as Reception No. 266353 and Amendment thereto recorded April 21, 1989 in Plat Book 22 at Page 36 as Reception No. 310794 and Final Plat of Hotel Aspen Planned Unit Development and Subdivision recorded September 5, 2018 in Plat Book 123 at Page 5 as Reception No. 650124 and as defined and described in the Condominium Declaration for Hotel Aspen, a Condominium recorded February 28, 1985 in Book 482 at Page 43 as Reception No. 266352 and Amendment to the Condominium Declaration for Hotel Aspen, a Condominium recorded March 4, 1985 in Book 482 at Page 134 as Reception No. 266385 and Second Amendment to the Condominium Declaration for Hotel Aspen, a Condominium recorded April 21, 1989 in Book 590 at Page 457 as Reception No. 310796. COUNTY OF PITKIN, STATE OF COLORADO Purported Address: 110 West Main Street Commercial Unit all Aspen, CO 81611 STATEMENT OF CHARGES These charges are due and payable before a policy can be issued Title Commitment Report $100.00 Copyright 2006-2009 American Land Title Association. All rights reserved. T, The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. taint iirr t All other uses are prohibited. Reprinted under license from the American Land Title Association. -1 A- - File No. 01330-14101 Page 1 of 1 F-stewart CO STG ALTA Commitment Sch A STO We guaranty company �� COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I File No.: 01330-14101-Amended No. C5 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. NONE AT THIS TIME 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. NOTE: Statement of Authority for Garmisch Lodging LLC recorded December 15, 2009 as Reception No. 565319, discloses the following persons as those authorized to transact business on behalf of said entity. If there have been any amendments or changes to the management of the entity, written documentation reflecting the changes and a new Statement of Authority will be required. Copyright 2006-2009 American Land Title Association. All rights reserved. td,r The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. rA\P iiri e All other uses are prohibited. Repented under license from the American Land Title Association. File No. 01330-14101 Page 1 of 1 Fstew°art CO STG ALTA Commitment Sch B I rt:e g ranty company COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II File No.: 01330-14101 - Amended No. C5 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. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 10. Exceptions and Mineral Reservations as contained in Patent to Aspen Townsite recorded March 1, 1897 in Book 139 at Page 216 as Reception No. 60156. 11. No. 60 (Series of 1976) recorded December 9, 1976 in Book 321 at Page 51 as Reception No. 189906. 12. Statement of Exception from the Full Subdivision Process recorded February 28, 1985 in Book 482 at Page 42 as Reception No. 266351. 13. Condominium Declaration for Hotel Aspen recorded February 28, 1985 in Book 482 at Page 43 as Reception No. 266352 and Amendment thereto recorded March 1, 1985 in Book 482 at Page 134 as Reception No. 266385 and Amendment thereto recorded April 21, 1989 in Book 590 at Page 457 as Reception No. 310796. 14. Ordinance No. 60 (Series of 1976) recorded December 9, 1976 in Book 321 at Page 51 as Reception No. 189906 15. Articles of Incorporation of Hotel Aspen Condominium Association recorded March 6, 1985 in Book 482 at Page 294 as Reception No. 266463. 16. By -Laws of Hotel Aspen Condominium Association recorded March 7, 1985 in Book 482 at Page 353 as Reception No. 266484. 17. Nugget Alley Relocation in Minutes of Aspen City Council recorded in Book 482 at Page 350 as Reception No. 266483. Copyright 2006-2009 American Land Title Association. All rights reserved. ,M1„�, The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. on•:u i i n All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-14101 Page 1 of 3 r-Stewa1"t CO STG ALTA Commitment Sch B 11 STO We guaranty C«n4�a-y .� COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II 18. Easements, rights of way and all matters as shown on Plats of Hotel Aspen Condominiums recorded February 28, 1985 in Plat Book 17 at Page 1 as Reception No. 266353and amendment thereto recorded April 21, 1989 in Plat Book 22 at Page 36 as Reception No. 310794. 19. City of Aspen Ordinance recorded September 3, 1997 as Reception No. 407979. 20. Dedication of Real Property to Employee Housing Restrictions and Guidelines for the Hotel Aspen recorded July 19, 1989 in Book 597 at Page 667 as Reception No. 312462 (Unit 100) and recorded February 22, 1993 in Book 704 at Page 107 as Reception No. 354163 (Unit 219). 21. Aspen Historic Preservations Commission Resolution recorded August 24, 2000 as Reception No. 446352. 22. City of Aspen Resolution recorded June 25, 2001 as Reception No. 455763. 23. City of Aspen Resolution recorded October 24, 2002 as Reception No. 473891. 24. Any and all leases and tenancies. 25. [Intentionally deleted.] 26. [Intentionally deleted.]. 27. [Intentionally deleted.]. 28. Resolution No. 14, Series of 2012 recorded May 8, 2013 as Reception No. 599327 and re -recorded May 15, 2013 as Reception No. 599556. 29. Resolution recorded May 2, 2014 as Reception No. 610003. 30. Ordinance recorded March 26, 2014 as Reception No. 608903. 31. Resolution No. 13, Series of 2014 recorded May 21, 2014 as Reception No. 610508. 32. Deed of Trust in the amount of $10,230,000 for the benefit of Firstbank recorded December 04, 2015 as Reception No. 625277. NOTE: Assignment of Rents recorded December 04, 2015 as Reception No. 625278. 33. UCC Financing Statement recorded December 11, 2015 as Reception No. 625504. 34. Resolution No. 33, Series of 2016 recorded December 01, 2016 as Reception No. 634267. 35. Ordinance No. 1, Series of 2017 recorded March 28, 2017 as Reception No. 637137 36. ► Final Plat of Hotel Aspen Planned Unit Development and Subdivision recorded September 5, 2018 in Plat Book 123 at Page 5 as Reception No. 650124. Part 1 and Part 2 37. ►Subdivision/Planned Unit Development Agreement recorded September 5, 2018 as Reception No. 650125. 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 dale of use. ,ti.;,, na i All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-14101 Page 2 of 3 St@W�1't CO STG ALTA Commitment Sch B 11 STO EPUe g�a'wty company COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II Copyright 2006-2009 American Land Title Association. All rights reserved. T" t nntU The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the dale of use. tetirr nrr M c All other uses are prohibited. Reprinted under license from the American Land Title Association. ............. File No. 01330-14101 Page 3 of 3e CO STG ALTA Commitment Sch B 11 STO t2te gixi.anty c—+pany Attachment 7 Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Name: Property c aQ ! n Owner ("I"): Email: c� /„ ^ Phone No.: Mr �,I��I � �,a Mc� . C n , Address of Property: (subject of application) I certify as follows: (pick one) 96hfs- property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect f private covenants or homeowner association rules or bylaws. I understand that this documen a public cument. Owner signature: date: i Owner printed name: MZN 1r��n or, Attorney signature: Attorney printed name: date: Attachment 8 Mr. Michael H. Brown Garmisch Lodging LLC 605 W. Main Street, Ste. 2 Aspen, CO 81611 Tel: 970-930-1754 28 November 2018 Ms. Amy Simon Historic Preservation Planner, City of Aspen 130 S. Galena Street Aspen, CO 81611 Re: Authorization to Submit Land Us Application Dear Amy: This letter is to certify that I, Michael H. Brown, managing member of Garmisch Lodging LLC, owner of the property located at 1 10 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 Insubstantial Amendment for the Hotel Aspen 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: Patrick S. Rawley, AICP, ASLA Stan Clauson Associates, Inc. 412 N. Mill Street Aspen, CO 81611 Tel 970-925-2323 Fax 970-920-1628 Very Truly Yours, Michael H. Brown Managing Member Garmisch Lodging LLC Attachment 9 A RESOLUTION OF THE ASPEN HISTORIC PRIESERVA T 1®N COMMISSION (HPC) GRANTING MAJOR DEVELOPMENT (CONCEPTUAL,), COl`ViIMERCIAL DESIGN (CONCEPTUAL), AND DEMOLITION APPROVAL FOR THE PROPERTY LOCATED AT 110 W. MAIN STREET, HOTEL ASPEN CON1[DOMINIUMS, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION #14, SERIES OF 2012 PARCEL, ID: 2735-124-61-800 WHEREAS, the applicant, Hotel Aspen; represented by Stan Clauson Associates and Poss Architecture and Planning. has requested Major Development (Conceptual), Commercial Design (Conceptual), and Demolition review for the property located at 110 W. Main Street, Hotel Aspen Condominiums, City and Townsite of Aspen, Colorado; and WHEREAS, development affecting the southern half of the property is within the purview of the Historic Preservation Commission because the property is located in the Commercial Core Historic District. The existing structures are not considered contributing resources within the Historic District; and WHEREAS, Section 26,415.070 of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;" and WHEREAS, for Conceptual Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, in order to authorize a Demolition of structures on the southern half of the property, according to Section 26.415.080, Demolition of designated historic properties, it must be demonstrated that the application meets any one of the following criteria: a. The property has been determined by the city to be an imminent hazard to public safety and the owner/applicant is unable to make the needed repairs in a timely manner, b. The structure is not structurally sound despite evidence of the owner's efforts to properly maintain the structure, C. The structure cannot practically be moved to another appropriate location in Aspen, or d. No documentation exists to support or demonstrate that the property has historic, architectural, archaeological, engineering or cultural significance, and RECEPTION#: 599327, 05/08/2013 at 110 W. Main 11:21:20 AM, HPC Resolution #14, Series of 2012 1 OF 3, R $21.00 Doc Code RESOLUTION Page 1 of 3 Janice K. Vos Caudill, Pitkin County, CO Additionally, for approval to demolish, all of the following criteria must be met: a. The structure does not contribute to the significance of the parcel or historic district in which it is located, and b. The loss of the building, structure or object would not adversely affect the integrity of the historic district or its historic, architectural or aesthetic relationship to adjacent designated properties and C. Demolition of the structure will be inconsequential to the historic preservation needs of the area; and WHEREAS, although the northern half of the property is not located within the Commercial Core Historic District, Commercial Design Review of this portion of the proposed development was delegated to HPC to consolidate design review at one review board; and WHEREAS, for Conceptual Commercial Design Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Commercial, Lodging and Historic District Design Objectives and Guidelines per Section 26.412.040.A.2, Commercial Design Standards Review Procedure, of the Municipal Code and other applicable Code Sections, The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, Amy Guthrie, in her staff report to HPC dated April 24, 2013, performed an analysis of the application based on the standards, found that the review standards would be met with project revisions, and recommended approval pending those revisions; and WHEREAS, at their regular meeting on April 24, 2013 the Historic Preservation Commission considered the application during a duly noticed public hearing, the staff memo and public comments, and found the proposal consistent with the review standards and recommended approval with conditions by a vote of 4 to 0. NOW, THEREFORE, BE IT RESOLVED: That HPC hereby grants HPC Major Development (Conceptual), Commercial Design (Conceptual) and Demolition approval for the property located at 110 W. Main Street, Hotel Aspen Condominiums, City and Townsite of Aspen, Colorado with the following conditions: 1. The approved design is the version presented to HPC at their March 13, 2013 meeting. 2. The approval includes a maximum building height increase to 32', as allowed through Commercial Design Review. 3. HPC approves a combination of on -site Public Amenity space as represented in the drawings, and off -site improvements to the Garmisch Street right-of-way. The specific plan for Garmisch Street improvements requires further review and approval by the Engineering Department, and HPC at Final review. 4. A development application for a Final Development Plan shall be submitted within one (1) year of the date of approval of a Conceptual Development Plan. Failure to file such an 110 W. Main HPC Resolution #14, Series of 2012 Page 2 of 3 application -within this time period shall render null and void the approval of the Conceptual Development Plan. The Historic Preservation Commission may,, at its sole discretion and for good cause shown, grant a one-time extension of the expiration date for a Conceptual Development Plan approval for up to six (6) months provided a written request for extension is received no less than thirty (30) days prior to the expiration date. APPROVED BY THE COI`/ MRSSION at its regular meet n on the 24t of April, 2013. Ap roved as to Form: Debbie Quinn, Assistant City Attorney ATTEST: Kathy Strickfand, Chief Deputy Clerk JamiMrewstei(-MacLeod, Vice -Chair 110 W. Main HPC Resolution #14, Series of 2012 Page 3 of 3 ORDINANCE N0.51, (SERIES OF 2013) AN ORIDIIIANCE OF THE ASPEN CITY COUNCIL GRANTING PLANNED UNIT DEVELOPMENT, SUBIDI jVISIOPI AND REZONING APPROVAL FOR THE REDEVELOPMENT OF THE HOTEL ASPEN INCLUDING LODGING, MULTI -FAMILY FREE-MARKET RESIDENTIAL UNITS, AND AFFORDABLE HOUSING TO CITY COUNCIL FOR THE PROPERTY LOCATED AT 110 WEST MAIN STREET, HOTEL ASPEN CONDOMINIUMS, CITY AND TOWNSITE OF ASPEN, PITIUN COUNTY, COLORADO. Parcel ID: 2735-124-61 -800 WHEREAS, the Community Development Department received an application from Garmisch Lodging LLC represented by Stan Clauson Associates, Inc. requesting approval of a redevelopment of the existing lodge; and, WHEREAS, the Community Development Director determined pursuant to Aspen Land Use Code Section 26.445.030.B.2 that a Consolidated Conceptual and Final Planned Unit Development Review is permitted, WHEREAS, the property is zoned Mixed Use (MU), Medium Density Residential (R-6), Lodge Preservation Overlay (LP) and Main Street Historic District Overlay; and, WHEREAS, the. property is partially located within the Main Street Historic District and is not considered a contributing building to the integrity of the Historic District; and WHEREAS, during a duly noticed public hearing on April 24, 2013 the Historic Preservation Commission granted Conceptual Commercial Design Review and Conceptual Major Development Review approval via Resolution No. 14, Series of 2013; and WHEREAS, during a duly noticed public hearing on November 19, 2013 continued from October 15, 2013, the Planning and Zoning Commission denied Resolution No.21, Series of 2013, recommending the Aspen City Council not approve a PUD, Subdivision, and Rezoning; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended continuation of the application; and, WHEREAS, on December 9, 2013 the Aspen City Council approved Ordinance No. 51, Series 2013, on First Reading by a four to zero (4 - 0) vote, approving with conditions a PUD, Subdivision and Rezoning of the Property; and, RECEPTION#: 608903, 03/26/2014 at Ordinance 51, Series 2013 10:03:41 AM, Hotel Aspen 1 OF 18, R $96.00 Doc Code ORDINANCE Pagel of 8 Janice K. Vos Caudill, Pitkin County, CO 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 Historic Preservation Commission, 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 with conditions; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council approves a PUD plan, Subdivision, and Rezoning of the underlying zone district to Mixed Use. The project is subject to all conditions included in Historic Preservation Commission (HPC) Resolution #14, Series of 2013 and requires Growth Management approvals, Final Commercial Design, and Final Major Development approval prior to the issuance of a development order. Council recommends that HPC consider the following during Final design reviews: 1) Front doors for all residences shall face Bleeker Street. 2) A front porch that meets the Residential Design Standards shall be provided on Bleeker Street for all residences. 3) Reduce the amount of glazing. 4) HPC shall review the roof forms during Final design reviews. Section 2: PUD/ Subdivision Plat and Agreement The Applicant shall submit a Subdivision/PUD agreement (hereinafter "Agreement") that meets the requirements of the Land Use Code within 180 days of approval. The 180 days shall commence upon the granting of Final Commercial Design and Final Major Development approvals by the Historic Preservation Commission. The recordation documents shall be submitted in accordance with the requirements of Section 26.490 Approval Documents of the Land Use Code. a. In accordance in Section 26.490.040, Approval Documents Content and Form, the following plans are required in the Approved Plan Set: 1. Final Commercial or Historic Design Review/ Architectural Character Plan. 2. Planned Development Project and Detail Review Plans. 3. Public Infrastructure Plan. Ordinance 51, Series 2013 Hotel Aspen Page 2 of 8 b. In accordance with Section 26.490.050, Development Agreements, a Development Agreement shall be entered into with the City. c. In accordance with Section 26.490.060, Financial and Site Protection Requirements, the applicant shall provide a site protection guarantee and a site enhancement guarantee for $250,000 each. d. In accordance with Section 26.490.070, Performance Guarantees, the following guarantees are required in an amount equal to IS 0% of the current estimated cost of the improvement: 1. Landscape Guarantee. 2. Public Facilities and Public Infrastructure Guarantee for the relocation of the main Sewer line. 3. Storm Water and Drainage Improvements Guarantee. Section 3: Rezoning The entire subject property is hereby rezoned to the Mixed Use Zone District as the underlying zone district with the Lodge Preservation Overlay. The Main Street Historic District Overlay applies to the southern half of the property (measured 100 feet back from Main Street toward Bleeker Street). Section 4: Dimensional Requirements The approved dimensional requirements are as follows in Table 1: Tahlel - Dimensional Reauirements Hotel Aspen PUD Dimensional Requirement Minimum lot size 27,000 Minimum lot area per dwelling unit n/a Maximum allowable density n/a Minimum lot width 110, Minimum front yard (Main Street) - lodge 5' Minimum front yard (Bleeker Street) — multi -family residential 10, Minimum side yard (Garmisch) - lode 5' Minimum side yard (Garmisch) — multifamily residential 0' Minimum side yard (alley) — free market residential 5' Minimum rear yard n/a The property spans between two streets and does not have a rear yard. There are two front yards — one for lodge, and one for multi- family residential. Maximum site coverage 87% Maximum height - lode 28' Maximum height — multi-fami ly residential 25' Minimum above grade distance between buildings — lodge and multifamily residential 10' between affordable housing/lodge and multi -family residential Minimum above grade distance between 10, as otherwise adjusted by HPC during final Ordinance 51, Series 2013 Hotel Aspen Page 3 of 8 buildings — multifamily residential review, T 10" between middle and westerly building Minimum percent open space 15% or 4,030 sf - reduction of public amenity approved by HPC via Resolution #14, Series of 2013 Trash access area 10' d x 15'3" w (open to the sky) Cumulative Allowable Floor Area 35,050 sf Maximum free market multi -family residential floor area 8,400 sf Maximum net livable area for free market multi -family residential dwelling unit size 3 units @ 4,400 sf net livable per unit Maximum lodge floor area 24,650 sf Maximum affordable housing floor area 2,000 sf Minimum off-street parking spaces 13 subgrade parking spaces The maximum affordable housing floor area may be increased through growth management reviews with the condition that both the maximum cumulative floor area is not increased and the lodge floor area is not changed. Pursuant to Aspen Land Use Code Section 26.710.090.D.11(a)(5), as shown below, the allowable free market multi -family housing floor area is calculated based on the allowances in the Lodge Zone District which provides more free market residential floor area for smaller average lodge room sizes. The average lodge room size proposed is 300 sf net livable area which provides for a free market residential floor area equivalent to 60% of the total lodge unit and affordable housing net livable area. The applicant proposes approximately 17,847 sf of net livable area for lodge and affordable housing; therefore a maximum of 10,708 sf of floor area is allowed for free market multi -family residential. The average individual lodge unit size is not permitted to be increased above 300 sf of net livable area without reducing the free market residential floor area allowed on the property in accordance with the chart below. Table 26.710.109.1 Allowable Free -Market Residential FAR Table 26.710.190.1 Average net livable area of individual lodge units on the parcel Free-market residential FAR as a percentage of total lodge unit and affordable housing net livable area Greater than 600 square feet 5% 600 square feet 15% 500 square feet 40% 400 square feet 50% 300 square feet or less 60% Ordinance 51, Series 2013 Hotel Aspen Page 4 of 8 When the average lodge unit size falls between the square footage categories, the allowable free-market multi -family or large lodge/timeshare unit floor area shall be determined by interpreting the above schedule proportionately. For example, a lodge project with an average unit size of 450 square feet shall be allowed to develop a free- market residential floor area up to 45% of the total lodge unit net livable area. This percentage of free-market residential FAR may not be otherwise established for a project through a planned unit development review. All non -unit space attributable to free-market residential or large lodge/timeshare units shall count towards the individual FAR allowance for free-market residential or large lodge/timeshare units. Section 6: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. Drainage: The project shall meet the Urban Runoff Management Plan Requirements. A compliant drainage plan must be submitted with a building permit application. This includes detaining and providing water quality for the entire site. If the site chooses fee -in -lieu of detention (FIL), it can only be applied to existing impervious areas. All new impervious areas will need to discharge at historic rates. Sidewalk/Curb/Gutter: All sidewalk curb and gutter shall meet the Engineering Standards of City of Aspen Municipal Code Title 21. The sidewalk shall be detached parallel to Garmisch Street. Excavation Stabilization: Due to the proximity of the neighboring property and the excavation of the building, an excavation stabilization plan shall be submitted to the Engineering Department prior to building permit submittal. CMP: The Construction Management Plan shall describe mitigation for: parking, staging/encroachments, and truck traffic. The outbound bus land shall not be impacted by the proposed CMP. The adjacent bus stop shall not be impacted by the proposed CMP. On -street parking: All on street parking shall be parallel parking spaces in accordance with the Engineering Standards unless otherwise approved by the Engineering and Parking Departments. A minimum of two signed "loading zone" parking space for hotel guests is permitted with approval from the Parking Department. Section 7: Affordable Housing The project is required to mitigate for affordable housing and shall submit an application for growth management review pursuant to the Aspen Land Use Code after receiving Ordinance 51, Series 2013 Hotel Aspen Page 5 of 8 PUD approval by City Council. The representations made in the PUD application do not constitute approval of affordable housing.. Section 8: Environmental Health The trash enclosure area is approved with the condition that one of the following options is met: Option 1 : The transformer is either not required or is located somewhere else on the property, not inside the trash enclosure; or Option 2 : The transformer remains inside the trash enclosure and the Hotel Aspen agrees to not use a trash compactor (a permanent structure) and instead uses a 2 yard trash bin (moveable), leaving more room for recycle bins. The lodge shall have at a minimum 4 recycle bins. Section 9: Fire Mitigation This project shall meet all of the codes and requirements of the Aspen Fire Protection District. This includes, but is not limited to, Fire Department Access (International Fire Code 2009 Edition Section 503), and the installation of approved fire sprinkler and fire alarm systems (IFC 2009 Sections 903 and 907 as amended). Section 10: Utilities This project shall meet all applicable standards in the City of Aspen Municipal Code, specifically Title 25. Individual buildings shall have individual taps. The transformer shall be located on the subject property. Section 11: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD shall review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. On -site utility plans require approval by ACSD. Oil and Sand separators are required for parking garages and vehicle maintenance establishments. Driveway entrance drains must drain to drywells. Elevator shafts drains must flow thru o/s interceptor The applicant shall relocate the existing Aspen Consolidated Sanitation District owned main sanitary sewer line that currently runs through the middle of Block 58 at the applicant's expense and in a manner that is acceptable to the District. Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. Ordinance 51, Series 2013 Hotel Aspen Page 6 of 8 Where additional development would produce flows that would exceed the planned reserve capacity of the existing system. (collection system and or treatment system) an additional proportionate fee shall be assessed to eliminate the downstream collection system or treatment capacity constraint. Additional proportionate fees would be collected over time from all development in the area of concern in order to fund the improvements needed. Where additional development would produce flows that would overwhelm the planned capacity of the existing collection system and or treatment facility, the development will be assessed fees to cover the costs -of replacing the entire portion of the system that would be overwhelmed. The District would fund the costs of constructing reserve capacity in the area of concern (only for the material cost difference for larger line). A "Line Extension Request" and a "Collection System Agreement" are required for this application. The glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. Section 12: Parks Landscaping in the public right of way will be subject to landscaping in the ROW requirements, Chapter 21.20. There shall be no plantings within the City ROW which are not approved by the City Parks Department and the Engineering Department. Irrigation of the street trees shall be required with a specific planting medium appropriate for tree growth. Tree removal permits shall be required before any tree is removed and prior to the issuance of a building permit for the project. Section 13: Transportation The applicant commits to a courtesy shuttle for lodge guests and to providing a bike rack and bicycles for lodge guests. Section 14: Parking The project. shall reserve 3 parking spaces for the affordable housing units and a maximum of 3 parking spaces for the free market residential units in the subgrade parking garage. Section 15: Outdoor Lighting and Signage All outdoor lighting and all signage shall meet the requirements of the Aspen Municipal Code. Section 16: 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. Ordinance 51, Series 2013 Hotel Aspen Page 7 of 8 Section 17: 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 18: 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 9`h day of December, 20)r- . i %1 ATT ST: Kathryn S. KQ i, City Clerk FINALLY, adopted, passed and approved this 17`h day of March, 2014. St ven cadron, Mayor ATTEST: APPROVED AS TO FORM: Kathryn S. Ko h, City Clerk flames R. True, City Attorney Exhibit A: approved plans and elevations Ordinance 51, Series 2013 Hotel Aspen Page 8 of 8 nRI W. y CV% r N C .y C3 }1 C .N a -a CD H •� I N a Z W O. to a J W F- O 2 -o cn c bA .y d C N .y w 9z w N W a N a J W H O 2 In . u w ., w^ >� t- U ;f W r Of i a ° J W 0 0 T, oy a E�p rd - - - - - - - - - - - - -- A c 1 m --------------------- -- - -------- I_ ---- ------ - -------- - :Ift !. bA Z w C3 CD w LLJ CL in LLI C:) o 00H ma K-03 9 -------------------------------------------------------- 7,.RIC- Cl) RECEPTION#: 610003, 05/02/2014 at 11:52:09 AM, 1 OF 5, R $31.00 Doc Code RESOLUTION RESOLUTION N0.6, Janice K. Vos Caudill, Pitkin County, CO (SERIES OF 2014) A V1 SOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSIOI`\\I GRANTING GROWTH MANAGEMENT ALLOTMENTS AND AFFORDABLE HOUSING CREDITS FOR THE PROPERTY LOCATED AT 110 WEST MAIN STREET, HOTEL ASPEN CONDOMINIUMS, CITY AND TOWNSITIE OF ASPEN, PITIUN COUNTY, COLORADO. Parcel ID: 2735-124-61-800 WHEREAS, the Community Development Department received an application from Garmisch Lodging LLC represented by Stan Clauson Associates, Inc. requesting approval of a redevelopment of the existing lodge; and, WHEREAS, the property is zoned Mixed Use (MU), Medium Density Residential (R-6), -Lodge Preservation Overlay (LP) and Main Street Historic District Overlay; and, WHEREAS, the property is partially located within the Main Street Historic District and is not considered a contributing building to the integrity of the Historic District; and WHEREAS, on April 24, 2013, the Historic Preservation Commission granted Conceptual Commercial Design Review and Conceptual Major Development Review approval via Resolution # 14, Series of 2013; and WHEREAS, on March 17, 2014, the Aspen City Council granted Planned Unit Development, Subdivision, and Rezoning approvals via Ordinance #51, Series of 2013; and WHEREAS, upon review of the growth management application and the applicable code standards, the Community Development Department recommended approval of the application; and, WHEREAS, during a duly noticed public hearing on April 15, 2014, the Planning and Zoning Commission by a vote of five to zero (5 - 0), approved growth management allotments as specified herein; and, WHEREAS, the Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment; and, Resolution No. 6, Series 2014 Hotel Aspen Page 1 of 5 WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission grants the following allotments from the 2014 annual limits: 18 lodging pillows for 9 new lodge rooms 3 free market residential units 3 affordable housing units The project is subject to all conditions included in Historic Preservation Commission (HPC) Resolution #14, Series of 2013, and City Council Ordinance #51, Series of 2013, and requires Final Commercial Design, and Final Major Development approval prior to the issuance of a development order. Section 2: Affordable Housing 3 affordable housing rental units at Category 2 are approved as follows: Unit type Proposed net livable area FTEs housed 1-bedroom 603 1.75 1-bedroom 643 1.75 Studio 401 1.25 TOTALS 1,647 sf 4.75 Rental Unit: 1. The deed restriction shall require that all tenants are approved PRIOR to tenancy through APCHA and must re -qualify every two years. If the tenants work specifically for the Hotel Aspen, the income and assets shall be .waived; however, the rental rate charged cannot exceed the Category 2 maximum rental rate stated in the Guidelines. 2. The units shall be classified no higher than Category 2. 3. '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 on the property subject hereto and to otherwise Resolution No. 6, Series 2014 Hotel Aspen Page 2 of 5 provide affordable housing stock. Owner waives any right it may have to claim that the Deed Restriction violates CRS 38-12-301. 4. The rental deed restriction will be recorded with the following conditions: a. The use and occupancy of the Employee Dwelling Unit shall henceforth be limited exclusively to housing for employees and their families who are employed in Pitkin County and who meet the definition of "qualified Category 2 employee" as that term is defined by the qualification guidelines established and indexed by the Authority on an annual basis. The Owner shall have the right to lease the Employee Dwelling Unit to a "qualified Category 2 employee" of his own selection. b. The Employee Dwelling Unit shall not be occupied by the Owner or members of the immediate family ("Immediate Family" shall mean a person related by blood or marriage who is a first cousin [or closer relative] and his or her children), unless the family member is a qualified employee and obtains approval by APCHA prior to occupancy. The unit shall at no time be used as a guesthouse or guest facility. C. Written verification of employment of employee(s) proposed to reside in the Employee Dwelling Unit shall be completed and filed with the Authority by the Owner of the Employee Dwelling Unit prior to occupancy thereof, and such verification must be acceptable to the Authority. d. The maximum rental rate shall not exceed the Category 2, studio or one -bedroom rental rates as set forth in the Rental Guidelines established by the Authority and may be adjusted annually as set forth by the Guidelines. The maximum permitted rent for the unit on the date of execution of this deed restriction as stated in the Guidelines at the time the deed -restriction is recorded. Rent shall be verified and approved by the Authority upon submission and approval of the lease. Employees shall be qualified by the Authority as to employment, maximum income and asset limitations on a yearly basis. The signed lease must be provided to APCHA. e. The Unit must meet minimum occupancy; i.e., one person per bedroom. f. Owner agrees to provide to APCHA upon request all information reasonably necessary to determine if there is full compliance with this Agreement. g. In the event that APCHA has reasonable cause to believe the Owner and/or tenant is violating the provisions of this Agreement, the APCHA, by its authorized representative, may inspect the Property or Affordable Housing Unit between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner with no less than 24 hours' written notice. h. The APCHA, in the event a violation of this Agreement is discovered, shall send a notice of violation to the Owner and/or tenant, as may be applicable, detailing the nature of the violation and allowing the Owner or tenant fifteen (15) days to cure. Said notice shall state that the 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, the Owner or tenant shall be considered in violation of this Agreement. 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. i. There is hereby reserved to the parties' hereto any and all remedies provided by law for breach of this Agreement or any of its terms. In the event the parties resort to litigation with respect to any or all provisions of this Agreement, the prevailing party shall recover damages and costs, including reasonable attorney's fees. j. In the event an Affordable Housing 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 Agreement. Resolution No. 6, Series 2014 Hotel Aspen Page 3 of 5 k. In the event that the Owner or tenant fails to cure any breach, the APCHA may resort to any and all available legal action, including, but not limited to, specific performance of this Agreement or a mandatory injunction requiring compliance by Owner and/or tenant. 1. Whenever possible, each provision of this Agreement 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 Agreement or other document. In. This Agreement is to be governed and construed in accordance with the laws of the State of Colorado. n. No claim of waiver, consent or acquiescence with respect to any provision of this Agreement shall be valid against any part hereto except on the basis of a written instrument executed by the parties to this agreement. However, the party for whose benefit a condition is inserted herein shall have the unilateral right to waive such condition. o. The parties to this Agreement agree that any modifications of this Agreement shall be effective only when made in writing signed by both parties and recorded -with the Clerk and Recorder of Pitkin County, Colorado. P. The terms and provisions of this Deed Restriction shall constitute covenants running with the title to the Affordable Housing Units as a burden thereon for the benefit of, and shall be specifically enforceable by, the Managing Agent, the Association and/or Owner, by the Housing Authority, 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. q. Lease agreements executed for occupancy of the Employee Dwelling Unit shall provide for a rental term of not less than six (6) consecutive months. A signed and executed copy of the lease shall be provided to the Authority by the Owner within ten (10) days of approval of employees) for the Employee Dwelling Unit. Upon vacancy of the Employee Dwelling Unit, the Owner is granted forty-five (45) days in which to locate a qualified employee. If an employee is not placed by the Owner, the Authority may rent the Employee Dwelling Unit to a qualified employee. r. When the option to convert any unit to a sale unit is exercised, the owner must adopt a new deed restriction in the form adopted by APCHA that is applicable to sale units. If the units are found to be out of compliance for one year, or the owner requests the units to become ownership units shall comply with APCHA standards. Section 3: Certificate of Occupancy The deed restricted affordable housing units and the lodging portion of the project shall obtain a Certificate of Occupancy prior to, or in conjunction with, the free-market residential homes. The deed restriction for the affordable housing units shall be recorded prior to Certificate of Occupancy. Section 4: Affordable Housing Credits The project proposes 4.75 FTEs at Category 2 and is required to mitigate for 3:3 FTEs at Category 4 or lower for the new free market residential component. Affordable housing credits for the onsite studio unit, equal to 1.25 FTEs at Category 2, are hereby approved by the Planning and Zoning Commission with the condition that an amendment to Ordinance 451, Series of 2013 is required to allow affordable housing credits to be included as part of the overall project representations. Resolution No. 6, Series 2014 Hotel Aspen Page 4 of 5 Section 5• 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 6• 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 7• 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 15tn day of April, 2014. APPROVED AS TO FORM: PLANNING AND ZONING ��Jim7rue-, City Attorney A Manning, beputy City Cler COMMISSION: LJ Erspamer, Chair Ve, u Resolution No. 6, Series 2014 Hotel Aspen Page 5 of 5 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING MAJOR DEVELOPMENT (FINAL) AND COMMERCIAL DESIGN (FINAL) APPROVAL FOR THE PROPERTY LOCATED AT 110 W. MAIN STREET, HOTEL ASPEN CONDOMINIUMS, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION #13, SERIES OF 2014 PARCEL ID: 2735-124-61-800 WHEREAS, the applicant, Hotel Aspen, represented by Stan Clauson Associates and Pass Architecture and Planning. has requested Major Development (Final) and Commercial Design (Final) for the property located at 110 W. Main Street, Hotel Aspen Condominiums, City and Townsite of Aspen, Colorado; and WHEREAS, development affecting the southern half of the property is within the purview of the Historic Preservation Commission because the property is located in the Main Street Historic District. The existing structures are not considered contributing resources within the Historic District; and WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance- with the procedures established for their review;" and WHEREAS, for Final Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.4.b.2 and 3 of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, although the northern half of the property is not located within the Main Street Historic District, Commercial Design Review of this portion of the proposed development was delegated to HPC to consolidate design review at one review board; and WHEREAS, for Final Commercial Design Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Commercial, Lodging and Historic District Design Objectives and Guidelines per Section 26.412.040.A.2, Commercial Design Standards Review Procedure, of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and RECEPTION#: 610508, 05/21/2014 at 110 W. Main 1 OF 3, 2 AM, HPC Resolution #13, Series of 2014 1 OF 3, R $21.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO Page 1 of 3 WHEREAS, City Council adopted Ordinacne #51, Series of 2013 approving a PUD plan, granting Subdivision approval and rezoning the underlying zone district of the entire parcel to Mixed Use; and WHEREAS, the Planning and Zoning Commission adopted Resolution #6, Series of 2014 granting Growth Management allotments for 18 lodge pillows, 3 free market residential units, and 3 affordable housing units; and WHEREAS, Sara Adams, in her staff report to HPC dated May 14, 2014, performed an analysis of the application based on the standards, found that the review standards are met and recommended approval; and WHEREAS, at their regular meeting on May 14, 2014 the Historic Preservation Commission considered the application during a duly noticed public hearing, the staff memo and public comments, and found the proposal consistent with the review standards and recommended approval with conditions by a vote of 4 to 2. NOW, THEREFORE, BE 1T RESOLVED: That HPC hereby grants HPC Major Development (Final) and Commercial Design (Final) for the property located at 110 W. Main Street, Hotel Aspen Condominiums, City and Townsite of Aspen, Colorado with the following conditions: 1. The free market residential units along Bleeker Street are approved as designed. 2. Public Amenity Space: a. Staff and Monitor to review and approve the paver material and design for the public amenity space along Main Street. b. Staff and Monitor to review and approve the fence design and material along Main Street 3. Lighting: a. Staff and Monitor to review and approve a lighting plan and light fixtures for the project (lodge and residential uses). 4. Staff and Monitor shall review and approve the chimney material and design for the free market residential units. 5. Staff and Monitor shall review and approve the finish of the metal screen material. 6. This project is subject to the approvals granted in City Council Ordinance #51, Series of 2013, Planning and Zoning Commission Resolution # 6, Series of 2014, and HPC Conceptual Resolution #14, Series of 2013. . 7. The development approvals granted herein shall constitute a site -specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26,104.050 (Void permits). 110 W. Main HPC Resolution #13, Series of 2014 Page 2 of 3 Zoning that is not part of the approved site -specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of 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 site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 110 West Main Street, Hotel Aspen Condominiums, City of Aspen, Colorado. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. APPROVED BY THE COMMISSION at its regular meeting on the 14"' day of May, 2014. 19 :,--,A f!N a Maytin, Chair Approved as to Form: l •l Debbie uinn, Assistant City Attorney ATTEST: Kathy Strieldand, Chief Deputy Clerk 110 W. Main HPC Resolution #13, Series of 2014 Page 3 of 3 ORDINANCE NO.1 (SERIES OF 2017) A.F'\4 ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING PLANNED UNIT DEVELOPMENT —OTHER AMENDMENT,AN-EXTENSION OF VESTED RIGHTS, AND DENIAL OF THE ESTABLISHMENT OF A CERTIFICATE OF AFFORDABLE hIOUSING CREDIT FOR THE HOTEL ASPEN, LOCATED AT 110 WEST MAIN STREET, HOTEL ASPEN CONDOMINIUMS, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.- Parcel ID: 2735-124-61-800 WHEREAS, the Community Development Department received an application from Gannisch Lodging LLC represented by Stan Clauson Associates, Inc. requesting amendments to the approvals granted via Ordinance No. 51 (Series of 2013) and related approvals; and, WHEREAS, the property is partially located within the Main Street Historic District and is not considered a contributing building to the integrity of the Historic District; and WHEREAS, during a duly noticed public hearing on September 14, 2016 and November 9, 2016, the Historic Preservation Commission recommended approval of the Planned Development Amendment via Resolution No. 33, Series of 2016; and WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended continuation of the application; 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 Historic Preservation 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 with conditions; and, WHEREAS, the City Council finds -that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Ordinance No. 1, Series 2017 Hotel Aspen Page 1 of 8 Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council approves a Planned Development — Other Amendment, an Extension of Vested Rights, and denial of the Establishment of a Certificate of Affordable Housing Credit for the project. Generally speaking, this allows'for changes to the lodge component of the mixed use project as fiirther outlined in this ordinance. All other approvals shall remain applicable and in full force unless noted herein. Section 2: Planned Development — Other Amendment The following design changes are approved for the project. "These changes will be incorporated as part of or as an amendment to the approved and recorded plan set for the development. a) The pool area is designed. in an alternative configuration (all fencing shall be compliant with the land use code, inclusive of height and. materials). b) The hotel lobby and lodge wing along Main Street are approved to be demolished, not maintained. The two portions of the hotel (other than the lobby area which will remain at 24 feet) are approved to be built with the same footprint but at a higher .height, from 28 to 32 feet. Additionally, the new lodge wings are approved to an increased height from 28 to 32 feet. c) The basement footprint and layout have been modified and are approved in an alternative configuration, allowing for a 0' setback below grade along Garmisch and a partial 0' setback for the lodge component. The basement will accommodate 14 parking spaces. . d) On the first floor, the patio for an affordable housing unit has been removed to modify the location of the trash area and an entry location to the second affordable housing unit on the same floor has been modified. Both changes are approved. e) The lodge units adjacent to the` pool area have their private patios removed and replaced with a planter box. f) Circulation, in .the form of exterior stairs and corridors, is approved to be enclosed with glass curtain walls. g) Other than the basement footprint changes, no other changes are approved .for the free- market residential units. These changes are represented in the exhibits that are incorporated into this ordinance for reference. Any and all dimensional standards shall be met and confirmed during the review of a building permit application. The trash enclosure and any transformer shall meet any and all requirements of the Utility department and building department. Section 3• Certificate of Affordable Housing Credit The studio affordable housing unit associated with the project is hereby denied as an Affordable Housing Credit. Section 4: Extension of Vested Rights The Aspen City Council does hereby approve a twenty-four (24) month year extension of vested rights as approved by Ordinance No. 51, Series of 2013, through July 30, 2019 with the following condition: Ordinance No. I, Series 2017 Hotel Aspen Page 2 of 8 a) That the establishment herein of a vested property right shall not preclude the applications or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes, and all adopted impact fees. The developer shall abide by any and all such building, fire, plumbing, electrical and ,mechanical codes, and impact fees that are in effect at the time of building permit, unless an exemption therefrom is granted in writing. Section 5: 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 Historic Preservation 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 6: 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 7• 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, b the City Council of the City of Aspen on the 9th day of January 2017,/• A I St ron, Mayor 0 Lida Manning, City Cleric FINALLY, adopted, passed and approved this 27`' day of February, 2017. Ordinance No. 1, Series 2017 Hotel Aspen Page 3 of 8 A ST- `1 r Linda Manning, City Clerk Exhibit A: approved plans and elevations APPROVED AS TO FORM: /J tnes R. True, City Attorney Ordinance No. 1, Series 2017 Hotel Aspen Page 4 of 8 � •y Y''<�p[ �'ll�ili s ' FFN ry 60. Level I Level 2 W " _QmftuC*PL4m_I2 I 11 '�* , ASPEN GAkWK411 HOTEL ASPEN Ordinance No. 1, Series 2017 Hotel Aspen Page 6 of 8 Level 3 _e d .�._ PEQFI(YJR FWN Lodge Roof Heights Al HOTEL ASPEN Ordinance No. 1, Series 2017 Hotel Aspen Page 7 of 8 Trash detail (subject to conditions in Ordinance No "..MOON j .._'r fl.!G'.Hl /ATu -� i-•YiC .JFC /!�V A•W CIE c-• • MiM INTgWO! VI�1R hJ.drJ e•Emirf ira'b M t ,;; , 04 — .7- NN [O:t N otPH td}s„•/a1 +yrn h 1) Ordinance No. 1, Series 2017 Hotel Aspen Page 8 of 8 Attachment 10 Pitkin County Mailing List of 300 Feet Radius From Parcel: 273512461801 on 02/14/2019 �1TKI FJ`I UNT � Instructions: This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. Disclaimer: Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. Mineral estate ownership is not included in this mailing list. Pitkin County does not maintain a database of mineral estate owners. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. http://www.pitkinmapsandmore.com GARMISCH LODGING LLC GLICKMAN ADAM HITE ANGELA R FAMILY TRUST 110 W MAIN ST 644 FERNANDEZ JUNCOS AVE #301 PO BOX 155 ASPEN, CO 81611 DISTRICT VIEW PLAZA MIRAMAR WOODY CREEK, CO 81656 SAN JUAN PUERTO RICO 00907-3122, GARMISCH LODGING LLC DIRE WOLF LLC JOHNSON MONTAE IMBT 110 W MAIN ST 100 E MAIN ST # 1 6820 BRADBURY ASPEN, CO 81611 ASPEN, CO 81611 DALLAS, TX 75230 CHISHOLM HEATHER M GARMISCH LODGING LLC 100 EAST MAIN STREET LLC 205 W MAIN ST 110 W MAIN ST 623 E HOPKINS AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 ZATS JULIE GARMISCH LODGING LLC GARMISCH LODGING LLC 118 N GARMISCH 110 W MAIN ST 110 W MAIN ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 FLEMING KIMBERLY PAIGE GARMISCH LODGING LLC GARMISCH LODGING LLC PO BOX 2869 110 W MAIN ST 110 W MAIN ST ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 GARMISCH LODGING LLC GARMISCH LODGING LLC GARMISCH LODGING LLC 110 W MAIN ST 110 W MAIN ST 110 W MAIN ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 GARMISCH LODGING LLC GARMISCH LODGING LLC 2401 BLAKE LLC 110 W MAIN ST 110 W MAIN ST 1615 CALIFORNIA ST # 707 ASPEN, CO 81611 ASPEN, CO 81611 DENVER, CO 80202 KING LOUISE LLC TYROL APARTMENTS LLC GSW FAMILY INV LP PO BOX 1467 200 W MAIN ST 1320 HUNSICKER RD BASALT, CO 81621 ASPEN, CO 81611 LANCASTER, PA 17601 132 W MAIN LLC 132 W MAIN LLC GARMISCH LODGING LLC 1615 CALIFORNIA ST # 707 1615 CALIFORNIA ST # 707 110 W MAIN ST DENVER, CO 80202 DENVER, CO 80202 ASPEN, CO 81611 GARMISCH LODGING LLC GARMISCH LODGING LLC GARMISCH LODGING LLC 110 W MAIN ST 110 W MAIN ST 110 W MAIN ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 GARMISCH LODGING LLC GARMISCH LODGING LLC HERRON LLC 110 W MAIN ST 110 W MAIN ST 1627 SOUTH BLVD ASPEN, CO 81611 ASPEN, CO 81611 HOUSTON, TX 77006 GARMISCH LODGING LLC PARDUBA JIRI CITY OF ASPEN 110 W MAIN ST 116 N GARMISCH ST 130 S GALENA ST ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 GUENTHER TODD CITY OF ASPEN GARMISCH LODGING LLC 150 COLUMBUS AVE APT 16C 130 S GALENA ST 110 W MAIN ST NEW YORK , NY 10023 ASPEN, CO 81611 ASPEN, CO 81611 GARMISCH LODGING LLC GARMISCH LODGING LLC GARMISCH LODGING LLC 110 W MAIN ST 110 W MAIN ST 110 W MAIN ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 132 W MAIN LLC GARMISCH LODGING LLC 100 EAST MAIN STREET LLC 1615 CALIFORNIA ST # 707 110 W MAIN ST 623 E HOPKINS AVE DENVER, CO 80202 ASPEN, CO 81611 ASPEN, CO 81611 NIMMO GUENTHER KELLY DIMITRIUS RALLI TRUST GARMISCH LODGING LLC 121 W BLEEKER ST 535 FREMONT DR 110 W MAIN ST ASPEN, CO 81611 PASADENA, CA 91103 ASPEN, CO 81611 2401 BLAKE LLC 132 W MAIN LLC HALLAM LLC 1615 CALIFORNIA ST # 707 1615 CALIFORNIA ST # 707 PO BOX 2408 DENVER, CO 80202 DENVER, CO 80202 ASPEN, CO 81612 HOGUET CONDO ASSOC BTRSARDY LLC HOGUET CONSTANCE M COMMON AREA PO BOX 10195 DEPT 1173 333 E 68TH ST 118 E BLEEKER ST PALO ALTO, CA 94303 NEW YORK, NY 10065 ASPEN, CO 81611 HAYMAX LODGING LLC GARMISCH LODGING LLC GARMISCH LODGING LLC 101 W MAIN ST 110 W MAIN ST 110 W MAIN ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 120 EAST MAIN PARTNERS LLC TIMBERLINE BANK STEVENSON KAREN H 120 E MAIN ST 633 24 RD 205 W MAIN ST ASPEN, CO 81611 GRAND JUNCTION, CO 81505 ASPEN, CO 81611 TARADA LLC 132 W MAIN LLC 1934 OLD GALLOWS RD 2ND FL 1615 CALIFORNIA ST # 707 VIENNA, VA 22182 DENVER, CO 80202 GARMISCH LODGING LLC 110WMAIN ST ASPEN, CO 81611 VICTORIANS AT BLEEKER CONDO ASSOC COLLINS CINDA REV TRUST TARVER CHARLES 101 E BLEEKER ST 301 KENWOOD PKWY #301 616 E HYMAN AVE ASPEN, CO 81611 MINNEAPOLIS, MN 554031162 ASPEN, CO 81611 HANOVER ASPEN LLC 132 W MAIN LLC GARMISCH LODGING LLC PO BOX 481 1615 CALIFORNIA ST # 707 110 W MAIN ST WOODY CREEK, CO 81656 DENVER, CO 80202 ASPEN, CO 81611 HITE HENRY HARRIS REVOC TRUST GARMISCH LODGING LLC 2401 BLAKE LLC PO BOX 155 110 W MAIN ST 1615 CALIFORNIA ST # 707 WOODY CREEK, CO 81656 ASPEN, CO 81611 DENVER, CO 80202 WEST HOPKINS LLC GARCIA STEVEN J GARMISCH LODGING LLC PO BOX 61510 120 N GARMISCH 110 W MAIN ST POTOMAC, MD 20859 ASPEN, CO 81611 ASPEN, CO 81611 GARMISCH LODGING LLC GARMISCH LODGING LLC 2401 BLAKE LLC 110 W MAIN ST 110 W MAIN ST 1615 CALIFORNIA ST # 707 ASPEN, CO 81611 ASPEN, CO 81611 DENVER, CO 80202 BERGHOFF MICHAEL R TRUST 105 EAST HALLAM LLC 120 EAST MAIN PARTNERS LLC 9112 WALNUT GROVE DR 623 E HOPKINS AVE 120 E MAIN ST INDIANAPOLIS, IN 46236 ASPEN, CO 81611 ASPEN, CO 81611 GARMISCH LODGING LLC HAYMAX LODGING LLC GARMISCH LODGING LLC 110 W MAIN ST 605 W MAIN ST #2 110 W MAIN ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 2401 BLAKE LLC RILEY AMY CLARK DOMINGUE FAMILY TRUST 1615 CALIFORNIA ST # 707 129 W BLEEKER ST PO BOX 2293 DENVER, CO 80202 ASPEN, CO 81611 WINTER PARK, FL 32790 GARMISCH LODGING LLC JDH INVESTMENT MGMT LLC GARMISCH LODGING LLC 110 W MAIN ST 12200 STEMMONS FWY 110 W MAIN ST ASPEN, CO 81611 DALLAS, TX 75205 ASPEN, CO 81611 NORTHSTAR OFFICE BUILDING CONDO ASS 100 EAST MAIN STREET CONDO ASSOC GARMISCH LODGING LLC COMMON AREA 100 E MAIN ST 110 W MAIN ST 122 W MAIN ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 TIMBERLINE BANK 2401 BLAKE LLC TIMBERLINE BANK 633 24 RD 1615 CALIFORNIA ST # 707 633 24 RD GRAND JUNCTION, CO 81505 DENVER, CO 80202 GRAND JUNCTION, CO 81505 GARMISCH LODGING LLC BERGHOFF KRISTIN TRUST ELLERMAN JEFFREY S & PAMELA C 110 W MAIN ST 9112 WALNUT GROVE DR 3600 CARUTH BLVD ASPEN, CO 81611 INDIANAPOLIS, IN 46236 DALLAS, TX 75225 GARMISCH LODGING LLC ROSE BRANDON AJAX VIEW COMMERCIAL/NORTH STAR OFF 110 W MAIN ST PO BOX 544 132 W MAIN ST ASPEN, CO 81611 WHARTON, NJ 07885 ASPEN, CO 81611 132 W MAIN LLC CRAWFORD RANDALL & ABIGAIL 118 NORTH FIRST LLC 1615 CALIFORNIA ST # 707 124 N GARMISCH ST 623 E HOPKINS AVE DENVER, CO 80202 ASPEN, CO 81611 ASPEN, CO 81611 132 W MAIN LLC 132 W MAIN LLC TYROLEAN LODGE LLC 1615 CALIFORNIA ST # 707 1615 CALIFORNIA ST # 707 200 W MAIN ST DENVER, CO 80202 DENVER, CO 80202 ASPEN, CO 81611 GARMISCH LODGING LLC 2401 BLAKE LLC GARMISCH LODGING LLC 110 W MAIN ST 1615 CALIFORNIA ST # 707 110 W MAIN ST ASPEN, CO 81611 DENVER, CO 80202 ASPEN, CO 81611 HOGUET CONSTANCE M 132 W MAIN LLC GARMISCH LODGING LLC 333 E 68TH ST 1615 CALIFORNIA ST # 707 110 W MAIN ST NEW YORK, NY 10065 DENVER, CO 80202 ASPEN, CO 81611 2401 BLAKE LLC GARMISCH LODGING LLC GARMISCH LODGING LLC 1615 CALIFORNIA ST # 707 110 W MAIN ST 110 W MAIN ST DENVER, CO 80202 ASPEN, CO 81611 ASPEN, CO 81611 2401 BLAKE LLC GARMISCH LODGING LLC 2401 BLAKE LLC 1615 CALIFORNIA ST # 707 110 W MAIN ST 1615 CALIFORNIA ST # 707 DENVER, CO 80202 ASPEN, CO 81611 DENVER, CO 80202 MELTON DAVID 114 EAST BLEEKER STREET ASSOC 135 W MAIN ST COMMON AREA ASPEN, CO 81611 114 E BLEEKER ST ASPEN, CO 81611 �� 1► Attachment 11 CITY OFASPEN PRE -APPLICATION CONFERENCE SUMMARY DATE: November 8, 2018 PLANNER: Amy Simon, amy.simon@cityofaspen.com PROJECT NAME AND ADDRESS: 110 W. Main, Hotel Aspen REPRESENTATIVE: Stan Clauson Associates, Inc., patricl<@scaplanning.com DESCRIPTION: The Applicant is interested in amending the Hotel Aspen PD originally granted via Ordinance #51, Series of 2013 and amended through Ordinance #1, Series of 2017, to reconfigure a portion of the Public Amenity space and to add roof decks on the two-story portion of the building closest to Main Street. The project is vested in the code applicable when the application was originally submitted on September 18, 2012. According to HPC Resolution #14, Series of 2012, HPC approved a combination of on -site Public Amenity space as represented in the drawings, and off -site improvements to the Garmisch Street right- of-way. The applicant wishes to reconfigure the on -site space. The square footage may not be reduced through this amendment and the Public Amenity space must continue to comply with all of the characteristics required of such spaces at the time of approval. Staff has attached the 2012 code language to this pre -application. The proposed decks must remain within the 15% floor area exemption that applied to the project at the time of approval. Any railing around the new roof decks must meet the height limitations in place at the time of approval, so that the railing is no more than 5' high, is the minimum height necessary for building code compliance, and is 50% or more transparent. The railing must be set back from any street -facing fagade by an amount equal to the height of the railing. This will be an Administrative Review and will not extend the Vested Rights in place for the project. Below are links to relevant documents and a list of information needed to submit an application. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.412.090 Insubstantial Amendment, Commercial Design Review 26.415.070.E.1 Insubstantial Amendment, Historic Preservation Review 26.445.110.A Insubstantial Amendment, PD For your convenience — links to the Land Use Application and Land Use Code are below: Land Use Application Land Use Code 130 South Galena Street Aspen, CO 81611-1975 1 P: 970.920.5000 1 F: 970.920.5197 1 cityofaspen.com REVIEW BY: • Staff for Complete Application and decision PUBLIC HEARING: No PLANNING FEES: $650 Deposit for 2 hours of staff time (additional/lesser hours will be billed/refunded at a rate of $325/hr.) REFERRAL FEES: None TOTAL DEPOSIT: $650 APPLICATION CHECKLIST —These items should first be submitted in a paper copy. ❑ 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 to Application). ❑ A site plan and survey showing property boundaries, and the location and orientation of existing and proposed improvements. ❑ 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. ❑ Scaled elevations and/or drawings of the proposed work and its relationship to the designated building. ❑ An accurate representation of all building materials and finishes to be used in the development. ❑ Photographs and other exhibits, as needed, to accurately depict location, extend and design of proposed work. Once the application is deemed complete by staff, the applicant/applicant's representative will receive an e-mail requesting submission of an electronic copy of the complete application and the deposit. Once the deposit is received, the case will be assigned to a planner and the land use review will begin. During review of the case, additional items may be requested. 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.